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PC20-507 RESOLUTION NO. PC 20-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING EXTENSION OF TIME NO. 2017-358 FOR THE FIRST DISCRETIONARY ONE-YEAR EXTENSION OF TENTATIVE TRACT MAP NO. 33732 Whereas, on November 7, 2007, Richland Planned Communities, Inc., the applicant, filed a formal planning application with Riverside County for Tentative Tract Map No. 33732 to subdivide 158.32 gross acres into 296 single-family residential lots, one 13.97-acre park, 38 open space lots for additional landscaping, drainage easements, pedestrian access, detention basins, and drainage channels, for property located east of Antelope Road, west of Haleblian Road, south of Garbani Road, and north of Scott Road; and, Whereas, on November 7, 2007, the Riverside County Planning Director held a duly noticed public hearing on Tentative Tract Map No. 33732, and at the meeting approved Tentative Tract Map No. 33732; and, Whereas, on July 15, 2008, California Senate Bill (SB) 1185 was signed into law, which added sections 66452.11 through 66452.13 to the Subdivision Map Act (California Government Code) by automatically extended the life of any tentative tract map for one additional year, if the map approval had not expired by July 15, 2008, but would expire before January 1, 2011. SB 1185 applied to Tentative Tract Map No. 33732 and extended the expiration date of the map to November 7, 2011; and, Whereas, on July 15, 2009, Assembly Bill (AB) 333 was signed into law, which amended Section 65961 and added Section 66452.22 to the Subdivision Map Act (California Government Code) by automatically extending the life of any tentative tract map, for two additional years, if the map approval had not expired by July 15, 2009, but would expire before January 1, 2012. AB 333 applied to Tentative Tract Map No. 33732 and extended the expiration date of the map to November 7, 2013; and, Whereas, on July 15, 2011, AB 208 was signed into law, which extended for two years the life of those tentative tract maps that had not expired by July 15, 2011 (the date the new law took effect) and that would have otherwise expired before January 1, 2014. AB 208 applied to Tentative Tract Map No. 33732 and extended the expiration date of the map to November 7, 2015; and, Whereas, on July 11, 2013, AB 116 was signed into law, and automatically extended the expiration date for any tentative map for an additional two years if the map was approved on or after January 1, 2000, and had not expired on or before July 13, 2013. AB 116 applied to Tentative Tract Map No. 33732 and extended the expiration date of the map to November 7, 2017; and, Whereas, on October 27, 2017, the applicant Richland Planned Communities Inc., submitted an application to the Community Development Department for the first one-year extension of time (EOT) for Tentative Tract Map No. 33732; and, Whereas, on June 10, 2020, the City of Menifee Planning Commission, as part of its Consent Calendar, considered Planning Application No. 2017-358 for the first one- year extension for Tentative Tract Map No. 33732 (in compliance with City of Menifee Municipal Code Title 7, Subdivisions and the California Subdivision Map Act, which both DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 507 allow maps to be extended up to six years) and considered materials in the staff report and accompanying documents; and, NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: Section 1. With regard to Tentative Tract Map No. 33732 and EOT 2017-358, the Planning Commission hereby makes the following findings: 1. The subdivision and design of the subdivision is consistent with the Development Code, General Plan, applicable Specific Plan, and Menifee Municipal Code. The tentative tract map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The Project has a General Plan Land Use Designation of Specific Plan (Cantalena Specific Plan) which for the development of an approximately 160-acre master planned residential community. As such the applicable development code is the Cantalena Specific Plan. The tentative tract map has been designed to meet all development standards of this Specific Plan. The Project would also be consistent with the following General Plan Polices: LU-1.2: Provide a spectrum of housing types and price ranges that match the jobs in the City and make it possible for people to live and work in Menifee and maintain a high quality of life. The tentative tract map will provide single family residential housing within a master planned community that will include public and private parks as well as a network of trails. As such the tract map will make it possible for people to live in the City and maintain a high quality of life. LU-1.7: Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the city. The Project will provide neighborhood amenities including an approximately 14-acre public park, private parks, a network of trails, and a school site to serve this area of the City. LU-1.8: Ensure new development is carefully designed to avoid or incorporate natural features, including washes, creeks, and hillsides. The Project is designed to preserve existing natural drainages into the design of the tract, and will provide multipurpose trails along the alignment of these natural features. CD-3.8: Design retention/detention basins to be visually attractive and well integrated with any associated project and with adjacent land uses. Detention basins for the tract will be visually attractive and will include pocket parks for use by residents of the community. 2. 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. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F The Project site is not being used for agricultural purposes and is not subject to a Williamson Act Contract. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The tentative tract map would develop areas of a 160-acre master planned community (Cantalena Specific Plan). The master planned community also includes areas for a 14-acre park, a school site, existing natural drainages, and a network of trails. As such the site (through the Specific Plan) has been laid out to be physically suitable to accommodate the tract with the proposed number of lots as well all other proposed improvements. 4. The design of the subdivision and the proposed improvements, with conditions of approval, are subject to an environmental impact report (EIR) under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the EIR. A Statement of Overriding Consideration was adopted with certification of the Cantalena Specific Plan EIR (EIR 463) for impacts under the categories of Air Quality and Transportation/Traffic. The Board of Supervisors considered the benefits of the Specific Plan against the unavoidable adverse environmental effects and determined the benefits outweigh and render acceptable those environmental effects. The Board of Supervisors also considered alternatives in the EIR in light of the environmental impacts which cannot be avoided or substantially lessened and rejected those alternatives as infeasible. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The public health, safety and general welfare are protected through Project design and conditions of approval. Environmental impacts of the Project were analyzed in EIR 463. The approved mitigation measures have been incorporated by reference into the conditions of approval. The City of Menifee Community Development Department and Engineering Department, as part of the review of this Extension of Time request determined it necessary to recommend the addition of new conditions of approval in order to be able to make a determination that the Project does not adversely affect the general health, safety and welfare of the public. The applicant has consented to the additions of those conditions. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The subdivision proposes several open space areas that will be extensively landscaped to provide shading that will support passive natural cooling within the community. In addition, approximately half of the homes have a north- south orientation which will also encourage natural cooling and heating. 7. 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, or the design of the alternate DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F easements which are substantially equivalent to those previously acquired by the public will be provided. The subdivision includes public streets and network of multipurpose trails together provide public access through community to the public park and other surrounding neighborhoods. 8. The subdivision is consistent with the City’s parkland dedication requirements (per the Quimby Act), as applicable, in accordance with Chapter 7.75 (Parkland Dedication and Fees). The proposed subdivision is anticipated to fulfill Quimby obligations through the dedication of parkland and construction of a park. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider, if any, or verify that adequate parkland has been dedicated. Quimby fees shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. Section 2. The Planning Commission of the City of Menifee approves the First Extension of Time for Tentative Tract Map No. 33732 (2017-358 EOT) subject to the following: (a) The Conditions of Approval set forth in attached Exhibit “A” have been modified and added for the public health, safety and welfare of the City of Menifee; and (b) The Conditions of Approval set forth in attached Exhibit “A” supersede all previous conditions of approval placed on Tentative Tract Map No. 33732 and all previous conditions of approval are rendered null and void; and (c) The Conditions of Approval set forth in attached Exhibit “A” have been agreed to by an authorized representative as indicated by the signature at the end of the Conditions of Approval; and (d) The first one-year extension for Tentative Tract Map No. 33732 is approved and the map is valid through November 7, 2018, subject to the attached Conditions of Approval, set forth in Exhibit “A”. PASSED, APPROVED AND ADOPTED this 10th day of June, 2020 Randy Madrid, Chairman Attest: Stephanie Roseen, Deputy City Clerk Approved as to form: Thai V.Phan, Assistant City Attorney DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F EXHIBIT “A” CONDITIONS OF APPROVAL Planning Application No.: Extensions on Time 2017-358, 2018-028, and 2019-012 Project Description: The Tentative Tract Map proposes the subdivision of 94.3 acres into 296 single family residential lots, one 13.97 acre park, 38 open space lots for additional landscaping, drainage easements/pedestrian access, detention basins and drainage channels. This proposal would implement the development of Planning Areas (PA) 1, 2, 7, 8, and 9 of Specific Plan No. 334. PA 1 includes 47 dwelling units (DUs) ; PA 2 includes 80 DUs; PA 7 includes 74 DUs; and PA 8 includes 95 DUs. This proposal includes the development of the Paloma Wash and mass grading of the entire Specific Plan area. TR 33732 is located on the north side of Scott Road, the south side of Garbani Road, the west side of Haleblian Road, west of Antelope Road (APNs: 327-100-002 and 327-110-004). The Tentative Tract Map was originally approved by the County of Riverside on November 7, 2007. Upon approval of the Tentative Tract Map, the applicant originally had three (3) years to record the subdivisions. Since the approval of the Tentative Tract Map, multiple state legislative acts further automatically extended the tentative tract map to November 7, 2017. Planning Application No. EOT 2017-358 is the first one- year extension of time for Tentative Tract Map No. 33732. Approval of the extension will extend the expiration date to November 7, 2018. Planning Application No. EOT 2018-028 is the second one-year extension of time for Tentative Tract Map No. 33732. Approval of the extension will extend the expiration date to November 7, 2019. Planning Application No. EOT 2019-012 is the third one- year extension of time for Tentative Tract Map No. 33732. Approval of the extension will extend the expiration date to November 7, 2020 Assessor's Parcel No.: 372-100-002 and 372-110-005 MSHCP Category: Residential – Density less than 8.0 du/acre and Commercial DIF Category: Single Family Residential DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F TUMF Category: Single Family Residential Quimby Category: Single Family Residential Approval Date: June 10, 2020 Expiration Date: November 7, 2020 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 Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Determination (that no additional environmental review was required) as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15063 and 15162. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F EXHIBIT “A” Conditions of Approval for Tentative Tract Map No. 33732 (per Extension of Time No. 2017-358, 2018-028, & 2019-012) Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Public Works and Engineering Department Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Section I: Conditions Applicable to all Departments DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map No. 33732 shall be henceforth defined as follows: TENTATIVE MAP = Tentative Tract Map No. 33732, Amended No. 1, dated 4/24/06. APPROVED EXHIBIT A = Tentative Tract Map No. 33732,(SHEETS 1-7), Site Pl an, Exhibit A, Amended No. 2, dated 10/05/07 APPROVED EXHIBIT LDG = Tentative Tract Map No. 33732,(SHEETS 1-29) Landscaping Design Guidelines, Amended No. 2, dated 10/05/07. EXHIBIT LDG – Landscape Package (Sheets 1-29) dated October 5, 2007. FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. The words identified in the following list that appear in all capitals in the attached conditions of Specific Plan No.334 shall be henceforth defined as follows: SPECIFIC PLAN = Specific Plan No. 334. CHANGE OF ZONE = Change of Zone No. 6862 GPA = Comprehensive General Plan Amendment No. 744. EIR = Environmental Impact Report No. 463. 4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. The developer understands and agrees to pay such fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. 6. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (incorporated within these Conditions of Approval). 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Riverside County Board of Supervisor’s original approval date, unless extended as provided by Ordinance No. 460 or Subdivision Map Act. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. The approval of the original map occurred on November 7, 2007. Under this current approval Extension of Time 2017-358 extends the life of the Map to November 7, 2018, Extension of Time No. 2018-028 extends the life of the Map to November 7, 2019. , Extension of Time No. 2019-012 extends the life of the Map to November 7, 2020. The applicant can extend the map for up to three (3) additional years under the current City Ordinance. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Section II: Community Development Department Conditions of Approval DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F General Conditions 9. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Title 7 of the City of Menifee Municipal Code, unless modified by the conditions listed herein. 10. Maintain Planning Areas and Phases. All planning areas and phase numbers shall be maintained throughout the life of the SPECIFIC PLAN, unless changed through the approval of a specific plan amendment or specific plan substantial conformance accompanied by a revision to the complete specific plan document. 11. Density Transfer. Transfers between Planning Areas within the Specific Plan shall be permitted in accordance with the Density Transfer Table, identified as Table IV-1 in the SPECIFIC PLAN, and upon the Planning Director's finding of substantial conformance. Any proposed density transfers between Planning Areas outside of the parameters in Table IV-1shall not be permitted, except through the Specific Plan Amendment process or substantial conformance, depending on the nature of the proposed density transfer, which shall be based on the judgement of the Community Development Director. 12. Offsite Signs Municipal Code Section 9.220150. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under Municipal Code Section 9.76.160. 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. 13. Design Guidelines. The land divider shall comply with the Design Guidelines of the Cantalena Specific Plan (Specific Plan 334). 14. Zoning Standards. Lots created by this TENTATIVE MAP shall be in conformance with the development standards of the SP (Specific Plan No. 334) zone. The design standards for the subject parcels are as follows: a. Lots created by this map shall conform to the design standards of the Medium High Density Residential for Planning Areas 1 and 2 and Medium Density Residential for Planning Areas 7 and 8. b. The minimum frontage of a lot shall be 45 feet, except that lots fronting on knuckles or cul-de-sacs may be 35 feet. c. The side-yard setback is 5 feet. Separation between buildings not less than 10 feet. d. The street side-yard setback is 10 feet. e. The rear-yard setback is 20 feet along the eastern boundary of the project site. Otherwise, rear-yard setbacks shall be 10 feet. f. All residential lots must have the following minimum lot size: (1) Planning Area 7, Lots 223-237, 240-277, and 280-296: 4,000 SF minimum (2) Planning Area 7, Lots 278, 279, 238, and 239: 10,000 SF minimum (3) Planning Area 8, Lots 128-141, 144-164, 171-194, 197-199, and 202-222: 4,000 SF minimum (4) Planning Area 8, Lots 142, 143, 165-1w70, 195, 196, 200, and 201: 10,000 SF minimum DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F (5) Planning Area 1, Lots 81-85, 87-127: 4,500 SF minimum (6) Planning Area 1, Lot 86: 10,000 SF minimum (7) Planning Area 2, Lots 1-18, 25-29, 38-82: 5,000 SF minimum (8) Planning Area 2, Lots 19-24, 30-37: 10,000 SF minimum g. The minimum width of that portion of the lot to be used as a building site shall be forty-five feet (45') with a minimum depth of ninety feet (90'). h. The maximum height of any building is 40 feet. i. No more than 50% (45% for two-story buildings) of the lot shall be covered by buildings or structures. j. Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage. EXCEPT AS ALLOWED BY TITLE 9 OF THE MENIFEE MUNICIPAL CODE, THERE SHALL BE NO ENCROACHMENT INTO THE SETBACK. 15. Minor Plot Plans Required. For each of the below listed items, a minor plot plan application shall be submitted and approved by the Community Development Department along with the current fee. 1) Final Site Development Plan for each phase of development. 2) Model Home Complex Plan shall be filed and approved for each phase if models change between phases. A final site of development plot plan must be approved prior to approval, or concurrent with a Model Home Complex Plan. 3) Landscaping Plan for typical front yard/slopes/open space/parks. These three plans may be applied for separately for the whole tract or for phases. 4) Landscaping plans fully within the road right-of-way shall be submitted to the Engineering Department only. 5) Each phase shall have a separate wall and fencing plan. 6) Entry monument plan. 7) Conceptual Park Plans and Final Park Plans for HOA maintained parks NOTE: The requirements of the above plot plans may be accomplished as one, or, any combination of multiple plot plans required by these conditions of approval. 16. Construction Hours. Any construction within the City located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 17. Geo No. 1684. County Geologic Report (GEO) No. 1684, submitted for this project (TR33732), was prepared by LOR Geotechnical Group, Inc. and is entitled: "Preliminary Geotechnical Investigation, Cantalena Project, 150-Acre Commercial/Residential Site, Menifee Area, County of Riverside, California", DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F dated April 5, 2006. The project shall comply with the recommendations of the GEO study. 18. Ordinance Requirements. The development of the property shall be in accordance with the mandatory requirements of all City of Menifee ordinances including Title 7, Subdivisions and Title 9, Planning and Zoning and state laws and shall conform substantially with the adopted SPECIFIC PLAN as filed in the office of the City of Menifee Community Development Department, unless otherwise amended. No portion of the SPECIFIC PLAN which purports or proposes to change, waive or modify any ordinance or other legal requirement for the development shall be considered to be part of the adopted Specific Plan or hillside development and grading shall apply in place of more general City guidelines and standards. 19. 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. 20. No Off-Road Uses Allowed. Trail bikes, dune buggies, off-road vehicles and other similar powered apparatus shall not be operated for purposes such as, but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions. 21. 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. ARCHEOLOGY/PALEONTOLOGY 22. 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 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. 23. 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). DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 24. 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. 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.” 25. 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: DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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 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. 26. 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. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. FEES 27. Subsequent Submittals. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan review or review of any mitigation monitoring requirement, 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. 13-320 (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. LANDSCAPING 28. Trail Maintenance. The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of any trail easement required under these conditions until such time as the maintenance is taken over by a Communities Facilities District or any other appropriate maintenance district. 29. Landscape and Park Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance and City of Menifee Municipal Code Title 9, Planning and Zoning. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 30. 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). 31. Landscape Maintenance. The land divider, or any successor in interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of the individual home owners, a homeowners association, or any other successor in interest. 32. 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. 33. 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. Prior to Phasing 34. Preliminary Phase Grading. Prior to the approval of an application for a division into units or phasing plan for the TENTATIVE MAP, a conceptual grading plan covering the entire TENTATIVE MAP shall be submitted to the City of Menifee Community Development Department for review and approval. The preliminary grading plan shall comply with the following: 1) Techniques which will be used to prevent erosion and sedimentation during and after grading process shall be depicted and documented. 2) Approximate time frames for grading and areas which may be graded during the higher probability rain months of January through March shall be identified. 3) Preliminary pad and roadway elevations shall be depicted. 4) Areas where temporary grading occurs on any phase other than the one being graded for development at a particular time shall be identified. Prior to Final Map 35. Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Title 7, Subdivisions. 36. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 37. 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 Specific Plan. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F C. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Title 7, Subdivisions, Title 9, Planning and Zoning, and the Specific Plan. 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. 38. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with Menifee Municipal Code Section 7.65.070, 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 ___. 39. ECS Note on Drainage. The following Environmental Constraints Note shall be placed on the ECS: The open drainage channels, which include Lot Nos. 303 through 305, 314, and 316 will be lined with natural materials. Line A located on the southern side of the project site will utilize a right-of-way width that varies from 100 to 155 feet wide including fifteen foot wide access roads for flood control maintenance. Line A will begin at the easterly boundary of Planning Areas 1 and 2, Specific Plan No. 334. Runoff originating at this point will be conveyed by an open drainage channel and exit the property at Via Toscana. Line B will convey runoff originating immediately east of the project site. Line B is a proposed open channel drainage system that will convey the offsite runoff and discharge the flows into Line A, north of Via Toscana The Line B channel will begin at the northeastern boundary of Planning Area 9. 40. ECS Note on Constraint Areas. The following Environmental Constraints Note shall be placed on the ECS: "No permits allowing any grading, construction, or surface alterations shall be issued which effect the delineated constraint areas without further investigation and/or mitigation as directed by the Community Development Department. This constraint affects Lot Nos. 303 through 305, 314, and 315 as shown on APPROVED EXHIBIT A." 41. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6.” 42. ECS Note on MMRP. The following Environmental Constraints Note shall be placed on the ECS “This property is subject to the Mitigation Monitoring and Reporting Plan adopted as part of the Cantalena Specific Plan and Environmental Impact Report on file with the Community Development Department.” DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 43. Offer of Trails. A multi-purpose trail (width determined by Engineering Conditions) along Haleblian Road and Via Toscana and a fifteen-foot-wide (15') concrete pathway multi-purpose trail along the two (2) drainage paths, one along the western edge of Planning Areas 1 and 9 and the other between Planning Areas 8 and 9, including Lot Nos. 303 through 305, 314, and 316, shall be noted on both the FINAL MAP and the Environmental Constraints Sheet. See EXHIBIT L and Specific Plan for trail locations. 44. Maintenance Exhibit. Prior to map recordation, the developer shall prepare an exhibit that shows all open space lots within the tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and Public Works and Engineering Department. 45. Annexation into Park District. The land divider shall submit written proof to the Community Development Department that the subject property has been annexed to Communities Facilities District or other entity acceptable to the Community Development Director. 46. Common Area Maintenance. Any common areas identified in the TENTATIVE MAP shall be owned and maintained as follows: a. A permanent master maintenance organization shall be established for the tentative tract map area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems, trails and landscaped areas. The organization may be public (anticipated to be CFD) or private (e.g., homeowners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. 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. 47. 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 Grading Permit Issuance 48. Grading Plan Review. The Community Development Department shall review the rough grading plans for consistency with the approved tentative map and the conditions of approval for the tentative map. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F The precise grading plans for individual residential lots shall not be cleared by the Community Development Department until the final site of development plan has been reviewed and approved. The precise grading plan must be consistent with the approved final site of development plan. 49. Community Trails. All trails required for this project, specifically, trails within the drainage channel (minimum 10 ft, shared with access road), 8 foot trail along Garbani Road, and Haleblien Road trail shall be shown on the rough and precise grading plans for the map. The trail locations and widths shall be consistent with the Tentative Map and Approved Exhibit L. 50. 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 Environmental Impact Report 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. 51. Stephen’s Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 94.3 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. 52. 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. 53. 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%). DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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; 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, DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. ENVIRONMENTAL PROGRAMS DEPARTMENT 54. Section 404 Permit. Should any grading or construction be proposed within or alongside the banks of the watercourse or wetland into which new material is discharged, the land divider/permit holder shall provide written notification to the City Planning Division that the alteration of any watercourse or wetland, located either on-site or on any required off-site improvement areas, complies with the conditions of the appropriate the U.S. Army Corp of Engineers Nationwide Permit Conditions, prior to the issuance of a grading or construction permits. Alternatively, the land divider shall obtain an individual permit under Section 404 of the Clean Water Act. Copies of any agreements shall be submitted along with the notification. Compensatory mitigation shall be no less than 1:1 for impacts to regulated jurisdictional resources. 55. Section 1602 Streambed Alteration Agreement (SAA). Should any grading or construction be proposed within or alongside the banks of the watercourse or wetland, the land divider/permit holder shall provide written notification to the City Planning Department that the alteration of any watercourse or wetland, located either on-site or on any required off-site improvement areas, complies with the conditions of the a project specific SAA from the California Department of Fish and Wildlife (CDFW) or an exemption letter, prior to the issuance of a grading or construction permit. Compensatory mitigation shall be no less than 1:1 for impacts to regulated jurisdictional resources. 56. Wetland Delineation. Prior to issuance of grading permits, a wetland delineation shall be conducted to identify all ACOE and CDFG jurisdictional areas. If these agencies have jurisdiction, permits may be required from one or both agencies. Acquisition and implementation of these permits may constrain development and impacts to these should be minimized to the extent feasible. Compensatory mitigation for the loss of wetland and riparian function and values is a fundamental component of the applicable regulatory programs. Mitigation can consist of (1) avoidance or minimization of impacts, (2) compensation in the form of habitat restoration, or (3) compensation through participation in a mitigation bank. Avoidance and minimization of impacts is preferred by the agencies. Any compensation through restoration should be onsite and in kind. The exact requirements of any special permit conditions established for the proposed project would be dictated by the ACOE and/or the CDFG following review of the formally submitted project application. Prior to implementation of any restoration, a detailed program will be developed by the project applicant and will be approved by the ACOE and CDFG as part of the 404 permit process. Prior to issuance of a grading permit, the Applicant shall supply proof of approval from ACOE and CDFG to the Planning Department. This Condition of Approval implements Mitigation Measure #2 of the Biological Technical Report. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 57. Burrowing Owl Preconstruction Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP), within 30 days prior to any ground disturbing activities, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season (March 1 through August 15) or after all young have fledged the nest and no further attempt for a second clutch is found by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. No owls shall be relocated without first consulting with the City of Menifee and the MSHCP Wildlife Agencies. 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 the site is not precise graded within one (1) month of the rough and/or mass grading of the site, or if construction and/or disturbance of the site is suspended for a period of one (1) month or more, a new burrowing owl survey shall be required. 58. Nesting Bird Survey. If grading or other ground disturbance is to occur during the nesting season (February 1 – August 31), a nesting bird survey shall be conducted within three (3) days prior to grading permit issuance. This survey shall be conducted by a qualified biologist approved by the City with experience in conducting nesting bird surveys. The findings shall be submitted to the City for review and approval. 59. Determination of Biologically Equivalent or Superior Preservation. Prior to the issuance of a grading permit, the land divider/permit holder shall have prepared an acceptable Determination of Biologically Equivalent or Superior Preservation (DBESP) to be reviewed by the City and subsequently submitted to the MSHCP Wildlife Agencies for review and approval. ARCHEOLOGY 60. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. 61. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F activities to allow recovery of cultural resources, in coordination with the Project Archaeologist 62. 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. 63. Pre-Grading Meeting. The qualified archaeologist shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component. PALEONTOLOGY 64. 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. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F C. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. D. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. E. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. F. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. * The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. G. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (eg. 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 Permits 65. 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 Specific Plan which must be satisfied prior to the issuance of a Building Permit. The DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Community Development Director may require inspection or other monitoring to ensure such compliance. 66. 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: 1. Plans shall be designed to the provisions of the 2016 edition (or current) of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Five (5) sets of plan drawings shall be submitted along with two (2) 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 Ordinance 2009-24, “Dark Sky Ordinance”. 5. All exterior lighting shall fall within current commercial standards. 6. Homes along Scott Road and Garbani Road shall be designed to reduce interior noise to or below 45 Ldn. 67. Dark Sky Ordinance. 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 City of Menifee Municipal Code Chapter 6.01 and the General Plan. 68. 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. 69. Utilities Underground. All utility extensions within a lot shall be placed underground. 70. Elevations and Floor Plans. The elevations and floor plans shall be consistent with the Specific Plan Design Standards and Guidelines. 71. Color Schemes. Colors/materials shall be consistent with the Specific Plan Design Standards and Guidelines. 72. Garage Doors and Windows. All new residences with garages shall be provided with roll-up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors should have windows. 73. Parking. Parking spaces are required in accordance with Menifee Municipal Code Title 9, Planning and Zoning. All parking areas and driveways shall be DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F surfaced to current standards as approved by the City of Menifee Engineering Department. 74. Conform to Final Site of Development 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. 75. Post-Grading Report. Prior to the issuance of building permits, the project applicant shall provide to the Community Development Department a post- grading report. The report shall describe how applicant complied with the mitigation and monitoring program as described in the Initial Study and pre- grading agreements with the qualified archaeologist and paleontologist. MINOR PLANS REQUIRED 76. Landscaping Plans. The land divider/permit holder shall file five (5) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application, along with the current fee. The plan shall be in compliance with the Specific Plan, Approved Exhibit LDG, City Requirements, or the Menifee Municipal Code Chapter 15.04 and Title 9, Planning and Zoning, and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the tract requiring landscaping and irrigation to be installed including, but not limited to, (slope planting, water quality basin planting, common areas, and individual front yard landscaping). Emphasis shall be placed on using plant species that are drought tolerant with low water needs. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Low water use systems are encouraged. 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 six (6) 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, groundcover, 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. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 6) Landscaping plans shall incorporate native and drought-tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless purposed for active use. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. 9) Front yard typical landscaping plans shall provide a minimum of one (1) xeriscape option for home buyers. 10) All trees shall be minimum double-staked. Weaker and/or slow-growing trees shall be steel-staked. 11) Multi-programmable irrigation controllers which have enough programs to break up all irrigation stations into hydro zones shall be used. If practical and feasible, rain shutoff devices shall be employed to prevent irrigation after significant precipitation. Irrigation systems shall be designed so areas which have different water use requirements are not mixed on the same station (hydro zones). Assistance in implementing a schedule based on plant water needs is available from CIMIS or Mobile Lab. The use of drip irrigation should be considered for all planter areas that have a shrub density that will cause excessive spray interference of an overhead irrigation system. Use flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. 12) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. 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. Final Landscaping and Irrigation plans for areas that are totally within the road right- of-way or landscaping that will be maintained by the Community Facility District (CFD) shall be submitted to the Engineering Department ONLY. Paseo Art Nodes. Two Paseo Art Nodes are required in TR33732 as shown on Approved Exhibit L. The paseo art nodes shall be shown on the final landscaping and irrigation plans. Pedestrian Connections at Cul-de-Sacs on Haleblian. Connections to Haleblian Road shall be shown on the landscaping and irrigation plans consistent with Approved Exhibit LDG. Water Quality Basins. Landscaping for water quality basins, including the addition of recreational amenities, shall be consistent with Approved Exhibit L (Exhibit E). 77. Trail Plans. The applicant shall submit a trails plan (minor plot plan application) to the City of Menifee Community Development Department for review and approval. This trails plan shall show the trail with all topography, grading, fencing, cross-sections, street crossings and under crossings, signage (if appropriate), lighting and landscaping. Trail crossings shall be located as indicated on the Tentative Map and Approved Exhibit L. The plan shall be approved by the DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Community Development Department and Community Services Department prior to building permit issuance. For trails in the right-of-way and/or maintained by the CFD, the trails shall be incorporated into the streetscape plans and submitted to the Engineering and Public Works Department for review and approval. 78. Entry Monument Plans. The land divider/permit holder shall file three (3) 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. The plan shall be in compliance with Title 9, Planning and Zoning, and the TENTATIVE MAP conditions of approval. The entry monument locations and types are anticipated to be one of the following: 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) A plot plan of the entry monuments with landscaping drawn to an engineer's scale. If lighting is planned, the location of lights, their intended direction, and proposed power shall be indicated. 3) An irrigation plan for the entry monument(s) and/or gate(s). Entry monuments shall be provided as shown on Approved Exhibit L. Monument design shall be consistent with Approved Exhibit L. 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. 79. Model Home Complex. A plot plan application shall be submitted to the Community Development Department, along with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. 80. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department, along with the current fee. Subdivision development shall conform to the approved plot plan and shall conform to the Countywide Design Guidelines. The plot plan shall be approved by the Community Development Director prior to issuance of Building Permits. 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 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 Countywide Design Guidelines and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 4) At a minimum there should be three different floor plans for tract maps with 50 or less units. Reverse floor plans are not included as different floor plans. For tract maps with 51 to 99 units, there shall be at least four different floor plans. Tract maps with 100 units or more shall provide five different floor plans and an additional floor plan for every 100 dwelling units above 100 units. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the requirements for number of floor plans is being met. 5) Homes and garages shall be placed at varying distances from the street and have varying entry locations. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 6) 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. 7) All new residences with garages shall be provided with roll-up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors in any project should have windows. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually. 81. Wall and Fence Plan. The land divider/permit holder shall file three (3) 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, along with the current fee. The plan shall be in compliance with Exhibit LDG the Specific Plan Guidelines, Menifee Municipal Code Title 9, Planning and Zoning and the TENTATIVE MAP conditions of approval. a. The plan shall show all project fencing including, but not limited to, perimeter fencing, side and rear yard fencing, and open space or park fencing. 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. All wood fencing or gates shall be treated with heavy oil stain to match the natural shade to prevent bleaching from irrigation spray. d. 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. e. Side yard gates are required on one side of the home and shall be constructed of vinyl, wood, wrought iron, or tubular steel fence. 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). f. All new residences constructed on lots of less than 20,000 square feet shall include rear and side yard fencing constructed of masonry block, wrought iron, tubular steel, wood, or vinyl that is a minimum of five (5) feet in height. The maximum height of walls or fencing shall be six (6) feet in height. g. 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. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F h. Corner lots shall be constructed with wrap-around decorative block wall returns. i. 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. j. The plan shall show the location of all retaining walls. Retaining walls shall be constructed with decorative (e.g., split-faced) block (were exposed/one-sided) and a masonry cap. k. The plan shall show a six (6) foot high decorative block wall along the southern site boundary (Scott Road - Planning Area 2) of lots 19-24 and 30-36 of Tentative Tract 33732. Six (6) foot high masonry block wall or combination berm and block wall shall be constructed around the northern site boundary (Garbani road - Planning Area 7) of lots 258-278 of Tentative Tract 33732. These walls shall be erected so that the top of each wall extends at least 6 feet (depending upon location) above the pad elevation of the shielded lot. In cases where the road is elevated above the pad, the wall shall extend at least 6 feet (depending upon location) above the highest point between the homes and road. The required wall shall be subject to the approval of the Department of Building and Safety. 82. Park Plans. Prior to building permit issuance, the applicant shall submit a park plan to the City of Menifee Community Development Department for review and approval. The plan shall be prepared consistent with the park plan requirements detailed in the Specific Plan, Menifee Municipal Code Title 9 and Park Design Guidelines, and with Menifee Municipal Code Chapter 15.04 for water efficient landscaping. Conceptual plans shall contain overall site map or tract map showing locations of all parks, trails, channels, basins and/or open spaces; vicinity map; street names; north arrow; adjacent land use; proposed park layout including but not limited to parking lot and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot lots, picnic areas, lighting, decomposed granite trails, etc.); turf and planter layout; tree locations; and plant palette. LANDSCAPING 83. Front Yard Landscaping. All front yards shall be provided with landscaping and automatic irrigation. Landscaping and Irrigation shall comply with the Menifee Municipal Code Chapter 15.04 and Menifee Municipal Code Title 9, and Riverside County Guide to California Friendly Landscaping provided that said ordinance has been amended to address residential tracts. The front yard landscaping must be installed prior to final occupancy release. 84. Performance Securities. Performance securities for common areas, in amounts to be determined by the Community Development Director to guarantee that the installation of plantings, irrigation system, walls and/or fences, improvements, and/or amenities are completed and ready for public use within the timeframes specified in these Conditions of Approval; and, in accordance with the approved plan, shall be filed with the Community Development DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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 or once the corresponding improved lot has been accepted for maintenance by the City. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common areas. 85. 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 86. 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. 87. Quimby Fees. The proposed subdivision is anticipated to fulfill Quimby obligations through the dedication of parkland and construction of a park. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider, if any, or verify that adequate parkland has been dedicated. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. 88. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 89. 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 90. Park Performance Security. 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 and amenities are completed and ready for public use. 91. Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. 92. Paleontological Monitoring Report. Prior to final inspection, the permittee shall submit to the Community Development Department, two (2) copies of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required. 93. 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 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. 94. 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. 95. Fencing and Wall Compliance. Fencing shall be provided throughout the subdivision in accordance with the approved final site development plans and/or walls and fencing plan. 96. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. 97. 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. 98. Concrete Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 99. Roll Up Garage Doors. All residences shall have automatic roll-up garage doors. 100. 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, site plan, walls and fencing and landscaping. LANDSCAPING 101. 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 DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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?” 102. Landscape/Irrigation Install Inspection. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre-Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre-landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six Month and One Year Post- Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 103. Landscape Installation. All required landscape planting and irrigation, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 and Title 9, Planning and Zoning (as adopted and any amendments thereto), 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. 104. 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 105. Ordinance No. 17-232 (DIF). Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permittee shall comply with the provisions of City of Menifee Ordinance No. 17-232 which requires the payment of the appropriate fee set forth in Ordinance. Ordinance No. 17-232 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 17-232 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 17-232 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 106. 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. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. 107. 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 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. If any landscaping is required as part of a water quality treatment facility or plan, the installation may be required at an earlier time by the Engineering and Public Works Department. Nothing in these conditions is meant to imply deferral of installation of water quality treatment features/facilities. 108. Suspension of Building Permit Issuance and/or Inspections. 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. 109. Paseo Trails Plan Required. PRIOR TO THE ISSUANCE OF THE 40th building permit within the SPECIFIC PLAN, final/construction park/paseo plans shall be submitted to and approved by the Community Development Department (if HOA maintained) or the Engineering and Public Works Department (if CFD maintained) for the paseo site designated as Planning Area 10. The final/construction park/paseo plans shall conform with the design criteria in the specific plan document for Planning Area 10, Approved Exhibit L and with the requirements of the City of Menifee. 110. Paseo Trail Construction. PRIOR TO THE ISSUANCE OF THE 170th building permit within the SPECIFIC PLAN, the paseo designated as Planning Area 10 shall be constructed, including but not limited to landscaping and irrigation installed and inspections passed, and the paseo and trails shall be open for public use. 111. Park Plan Required. PRIOR TO THE ISSUANCE OF THE 170th building permit within the SPECIFIC PLAN, final/construction park plans shall be submitted to and approved by the Engineering and Public Works Department (if CFD maintained) for the park site designated as Planning Area 9. The final park plans shall conform with the design criteria in the conceptual park plan, specific plan document for Planning Area 9 and with the requirements of the Community Services Department. 112. Park Construction. PRIOR TO THE ISSUANCE OF THE 275th building permit within the SPECIFIC PLAN, the park designated as Planning Area 9 shall be constructed including but not limited to landscaping and irrigation installed and DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F inspections passed and installation of recreational amenities, and open for public use. 113. Community Center Plans. Prior to the issuance of the 200th building permit, anywhere within the SPECIFIC PLAN, design plans for the Community Center located within Planning area 9 shall be submitted to the Community Development Department for review and approval. The Community Center design plans shall include a detailed site plan, floor plans and elevations, and documentation evidencing a permanent funding and maintenance mechanism for the construction and maintenance of the community center. The improvement plans shall be submitted as a plot plan. The community center shall include a building area not to exceed 20,000 square feet with the following amenities: a) 8,000 square foot gymnasium for basketball, volleyball, parties, and community events; b) 4 - 5 meeting rooms, ideally ranging from 1,000 - 1,500 square feet with modern audio/visual capabilities; c) Commercial kitchen for event catering; d) Satellite management office; e) Storage space for recreational and maintenance equipment; f) Snack bar, restrooms and shaded outdoor seating. 114. Operate Community Center. Prior to the issuance of the 600th occupancy permit anywhere within the SPECIFIC PLAN, the Community Center designated within Planning Area 9 shall be designed, funded, constructed and open to the public for use. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Section III: Public Works/Engineering Conditions of Approval DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F The following are the Public Works / Engineering Department (Public Works / Engineering Department) Conditions of Approval for this development project, which shall be satisfied at no cost to the City of Menifee (City) or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works / Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City standards and ordinances. Should a conflict arise between City standards and City design criteria, and any other standards and design criteria, those of the City shall prevail. A. General Conditions 115. Subdivision Map Act: The developer/property owner shall comply with the State of California Subdivision Map Act. 116. 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 or other registered/licensed professional as required. 117. Plan Check Submittal Process: Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the PW Engineering Department for review and approval. All submittals shall be signed, and date stamped by the Engineer of Record. The plans must receive PW approval prior to final map recordation; or issuance of any construction permit, grading permit, or building permits as applicable or as determined by the PW Director. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check fees paid. For any improvements proposed to be owned and maintained by the Riverside County Flood Control District (RCFC), improvement plans must receive District technical approval, or substantial completion clearance letter issued by the District, prior to final map recordation or as determined by the District. 118. Plan Submittals and Approvals: 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 and as determined by the PW Director. All submittals shall include a completed City Fee or Deposit Based DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control District, improvement plans must receive District approval prior to final map recordation or as determined by the District. 119. 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. 120. 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. 121. 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 DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F ordinances. The improvements shall include, but not limited to: onsite/offsite grading, erosion control, street improvements, street lights, traffic signals, signing and striping, public landscape improvements, recreational paseos, parks, water/sewer/recycled water improvements, water quality BMPs, and storm drainage facilities. If map recordation is required, bond agreements shall be executed and bonds/security posted prior to final map recordation. Otherwise, bond agreements and bond posting shall be required prior to grading, building, or construction permit issuance whichever is applicable. It should be noted that, with the exception of grading bond agreements, all other bond agreements require Council approvals. 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. 122. 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. 123. Paving Inspections: The developer / property owner shall be responsible for obtaining the paving inspections required from the Public Works / Engineering Department. Paving and / or paving repairs for utility street cuts shall be per City Standards and Specifications and as approved by the Public Works Director / City Engineer. 124. Sewer Lines: All sewer line alignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with City Standards and Eastern Municipal Water District (EMWD) standards. 125. 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. 126. Concrete Work: All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed with concrete having a 28-day strength of 3,250 psi. 127. Map Phasing: This tract map may be developed in multiple phases. If the developer / property owner elects to develop in multiple phases, an application for map phasing shall be submitted to the Community Development Department for City review and approval. Phased final maps DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F shall be in substantial conformance with the approved tentative map. Prior to recordation, financial security shall be provided for all required improvements with each map phase. The Public Works Director / City Engineer may require the dedication and construction of necessary utilities, streets or other improvements outside the area of any particular tract map phase if the improvements are needed for circulation, parking and access or for the welfare and safety of future occupants of the development. B. Grading 128. 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. 129. Regulations and Ordinance on Grading within the City. All grading activities shall conform to the latest edition of the California Building Code, City General Plan, City Ordinances, City design standards and specifications 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 Public Works Director / 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. 130. Grading Permit Requirement: Improvement such as grading, filling, over excavation and re-compaction, and base or paving which require a grading permit are subject to the included PW Engineering Department conditions of approval. 131. Grading Permit for Disturbed Soil: City ordinance on grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 132. Soils Recommendations Obeyed: All grading shall be performed in accordance with the recommendations of the included -City approved- geotechnical/soils reports for this project. 133. Erosion Control After Grading: 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 DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. 134. 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. 135. No Grading and Subdividing: If grading of the entire - or any portion there of - Specific Plan site is proposed, UNDER A SUBDIVISION OR LAND USE CASE ALREADY APPROVED FOR THIS SPECIFIC PLAN, at the same time that application for further subdivision of any of its parcels is being applied for, an exception shall be obtained from the Planning Director, prior to issuance of the grading permit and shall be in accordance with current City development code. 136. Clearances Required: Prior to issuance of a grading permit, all certifications affecting grading shall have written clearances. This includes, but not limited to additional Environmental Assessments, Erosion Control plans, additional geotechnical and soils reports, Departmental clearances and the amount being graded. This applies as these are requirements of the specific plan, EIR or a condition of approval. Landscape plans are to be signed and bonded per the requirements of City ordinances on grading. 137. Maximum Slope Ratio: Grade slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the PW Engineering Department. 138. Slope Stability: A slope stability report shall be submitted and approved by the City Engineering Department for all proposed cut or fill slopes steeper than 2:1 (horizontal to vertical) or over 20 feet in vertical height - unless addressed in a previous report. 139. Minimum Drainage Grade: Minimum drainage grade shall be 1% except on Portland cement concrete where 0.35% shall be the minimum. 140. Slopes in Floodway: Graded slopes which infringe into the 100-year storm flow flood way boundaries, shall be protected from erosion, or other DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F flood hazards, by a method acceptable to the City Engineer - which may include Riverside County Flood Control & Water Conservation District's review and approval. However, no graded slope will be allowed which in the professional judgment of the City Engineer blocks, concentrates or diverts drainage flows. Prior to Grading Permit Issuance 141. Geotechnical/Soils Reports: A current or updated geotechnical report is required in order to obtain a grading permit. The report shall be submitted to the Public Works / Engineering Department for review and approval prior to issuance of a grading permit. A copy of the preliminary soils report that includes pavement investigation addressing construction requirements within the public ROW shall be submitted prior to map recordation. All grading shall be in conformance with the recommendations of the geotechnical report and as approved by Public Works Director / City Engineer. The geotechnical, compaction and inspection reports will be reviewed in accordance with the Riverside County Geotechnical Guidelines for Review of Geotechnical and Geologic Reports County Geologic Report (GEO) No. 1374 was prepared for this development (SP00334) by GeoSoils, Inc. and is entitled: "Geotechnical Feasibility Review, Approximately +/150acre Menifee Town Center Properties, Riverside County, California" dated May 14, 2004. GEO No. 1374 satisfied the requirement for a geologic report for Planning/CEQA purposes for the draft EIR and Specific Plan (SP00334). GEO No. 1374 was accepted by the County of Riverside for such Planning purposes. Additional research and reporting will be required prior to approval of any implementing project (Tract, Plot Plan, Parcel Map, etc.). Technical reports previously submitted and approved by the County of Riverside shall be updated and submitted to the Public Works / Engineering Department for review and approval prior to issuance of a grading permit. Alternatively, a new report shall be submitted for review and approval by the Public Works / Engineering Department. 142. Drainage Design Q100: All grading and drainage shall be designed in accordance with Riverside County Flood Control & Water Conservation District's drainage design guidelines, and in accordance with the City of Menifee’s conditions of approval regarding this application. If not DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F specifically addressed in their conditions, drainage shall be designed to accommodate 100-year storm flows. Additionally, the conceptual grading plan reviewed and approved for this project shall comply with the project’s approved WQMP (Water Quality Management Plan). 143. Offsite Grading: Prior to the issuance of a grading permit, it shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary 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. 144. 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 145. SWPPP: Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination (NOT) has been issued by SWRCB. The City shall require submittal of NOTs for requests to fully release associated grading bonds. 146. 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. 147. Import/Export: In instances where a grading plan involves import or export, prior to obtaining a grading permit, the applicant shall have obtained approval for the import/export location from the PW Engineering Department. If an Environmental Assessment, prior to issuing a grading permit, did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F review and comment and to the City Engineer for approval. Additionally, if the movement of import/export occurs using county roads, review and approval of the haul routes by the PW Engineering Department will be required. Prior to Building Permit Issuance 148. No Building Permit without Grading Permit: Prior to issuance of any building permit, the property owner shall obtain a grading permit and/or approval to construct from the PW Engineering Department. 149. 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. 150. 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 Certificate of Occupancy 151. Manufactured Slopes: Plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees as approved by the PW Engineering Department. Drip irrigation or approved equal shall be provided for all irrigated slopes. 152. Plant & Irrigate Slopes. All slopes greater than 5 feet in height shall be permanently stabilized with landscaping. If the permanent landscaping is not installed or cannot be sufficiently established within a reasonable time period as determined by the Public Works Director / City Engineer, the slope(s) shall be stabilized with BMPs approved by the Public Works Director / City Engineer. 153. Finish Grade Drainage: Finish grade shall be sloped to provide proper drainage away from all exterior foundation walls. The slopes and drainage swales shall be in accordance with City Standards. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 154. Final Grade Certification. The Developer / Property Owner shall cause the Civil Engineer of Record for approved grading plans to submit signed and wet stamped final grade certification on City-approved forms, for each building requesting a certificate of occupancy. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance. 155. Final Grade Conformance 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 156. Downstream Drainage: The land divider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by landfills are allowed". The protection shall be as approved by the Transportation Department. 157. Upstream Drainage: The land divider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the City of Menifee permits the use of streets for drainage purposes, any proposed design shall be reviewed and approved by the City Engineer in accordance with current City Standards and Ordinances. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the sub-divider shall provide adequate drainage facilities and/or appropriate easements as approved by the PW/Engineering Department. 158. SP Flood Hazard Report: The following discussion (italicized) is the Flood Hazard Report that was placed as an Informational Condition, in the original County condition for this project, reference 10.FLOOD RI 001 by the Riverside County Flood Control District (District) and the County of Riverside prior to City of Menifee incorporation. Specific Plan 334 (Cantalena) is a proposal to subdivide 158.71 acres for residential use, a school site and park with linear/passive trails. The project site is located about one-quarter mile east of the 215 freeway and spans the one mile stretch from Scott Road to Garbani Road. Paloma Wash traverses the project site. This watercourse enters the site about 1,900 feet north of the southwest corner and follows a lazy arc through the property exiting about 550 feet south of the northwest corner. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Two other significant but poorly defined watercourses enter the project site from the east after flowing over Haleblian Road and join Paloma Wash onsite. The Developer has proposed to carry these watercourses through the site in landscaped greenbelt channels interrupted only by road culverts. The developer has submitted a drainage study titled "Master Drainage Plan for Cantalena Specific Plan 334" dated August 8, 2005. This study examined the all three streams traversing the site and presented a conceptual drainage plan for the local area intended to demonstrate: a) The SP334 project can be developed without offsite drainage improvements. However, any drainage improvements necessary to support 10-year and 100-year drainage conditions per the approved drainage study, including any necessary roadway improvements shall be guaranteed and constructed per subsequent applications. b) The proposed onsite drainage facilities are designed to allow for extension as part of future upstream regional improvements. The District has reviewed this study and finds that it adequately accomplishes the two above mentioned objectives at an appropriate level of detail for a Specific Plan. Design-related specifics will be refined as the follow-on land use cases are submitted and reviewed. Therefore, prior to approval of further land use cases beyond this PM33732 application, the applicant shall submit a detailed drainage study for review and approval by the City of Menifee PW Engineering Department. The drainage study maybe a supplement, a revision, or an addendum to the 2005 study; and shall be reviewed and approved for compliance with current City engineering standards and guidelines and for consistency with the approved WQMP for PM33732. The report titled Specific Plan No. 334 and E.I.R. No. 463 Volume 1 dated July 2005 includes two alternative projects for the proposed development in the EIR section (Part V). It shall be noted that the District and the County do not support the project as shown in EIR EXHIBIT 4.9-1 but does support the alternative drainage plan shown in EIR EXHIBIT 5.2. The alternate drainage plan affects road layout, planning area configuration, and edge conditions along Haleblian to the east as well as the western property boundary. The drainage plan in the SP section is based on the alternative drainage plan from the EIR. The District's conditions of approval are based upon the project as depicted in EIR EXHIBIT 5-2 and Specific Plan Figure IV-6R. With this map extension of time conditions the following shall be complied with: 1. OFFSITE DRAINAGE ISSUES and the SP334 CONCEPT: DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F (a) Haleblian Road Improvements. Haleblian Road from Scott Road to Garbani Road shall be provided with grading improvements at elevations and alignment consistent with the designated road classification for Haleblian per the City General Plan. The design for the graded improvements shall be reviewed and approved by the PW Director/City Engineer. The plans for the grading improvements on Haleblian Road shall be completed by the developer and approved by the PW Engineering Department prior to recordation of any subsequent land division within TM 33732. The completion of the improvements shall be prior to the issuance of a Certificate of Occupancy for any development within the TM 33732. Nuisance flows shall be conveyed in an appropriate manner to support ultimate improvements along Haleblian Road and project frontage. (b) Modifications to Garbani Road at the Paloma Wash crossing shall be made at the discretion of Riverside County Flood Control, and the City Engineer. The proposed design to mitigate impacts to the currently deficient road crossing by installing detention basins to attenuate peak flows to pre-developed magnitude, shall be approved by Riverside County Flood Control District, and the City Engineer. The District notes this deficiency as a regional problem and that the issue is more of a cumulative impact than attributable to SP334's proposal. 2. ONSITE DRAINAGE ISSUES and the SP334 CONCEPT: 2a) Onsite flows proposed to be mitigated to pre-development magnitude in five proposed detention basins. Approximate locations of the basins are shown on the SP Conceptual Drainage Plan (amended) Figure IV- 6R. Final designs and locations are subject to the approval of the District and City Engineer. Any development proposal within any of the five sub-areas will be required to construct the basin serving the entire sub-area. No interim basins will be allowed. 2b) Specific Plan 334 proposes a drainage/paseo system that is categorized as a greenbelt facility. Greenbelt channels may be used to provide for public health and safety but will require maintenance by a public agency or a guarantee of maintenance by a public agency in the event the responsible private party fails to meet its maintenance obligations. The Riverside County Flood Control and Water Conservation District is willing to accept maintenance responsibility for the structural aspects of the channels (e.g. channel revetments, drop structures, side inlets etc.) but cannot be responsible for the maintenance of the landscaping or amenities. Nor will landscaping be credited with contributing to the flood control function (e.g. turf as erosion protection). DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Prior to recordation of any subsequent land division or prior to any grading within Specific Plan 334, an agreement between the developer, District and the public entity responsible for maintenance of the amenities shall be executed to establish important items. Said agreement shall be acceptable to both the District and the City and shall include, but not necessarily be limited to, the following: 2b.1. A precise description of the facilities to be maintained under the agreement and exact language of the easement/s for the major flood control conveyance facilities. 2b.2. The entity/entities and assigns that will be responsible for maintenance activities both ordinary and catastrophic. 2b.3. Definitions of "ordinary" versus "catastrophic" maintenance and establishment of the party responsible for the various maintenance activities. This would include a clause stating that determination of the adherence to the levels of maintenance will be in the sole judgment of the District. 2b.4. An understanding that should the District be forced to provide maintenance for the facilities, it will be done in a manner that, in the sole discretion of the District, is in the best public interest. This may involve the elimination of amenities. (For example, the District would not restore damage to the in-channel amenities unless the damage impaired the flood control function. Further, the District would not be responsible for re-establishment of amenities damaged by the catastrophic event or the restoration effort.) 2b.5. The specific uses and maintenance activities within the various channels, conveyance areas, and access roads/trails. (For example, some areas may be used by the public and some areas only entered by landscaping crews.) 2b.6. The entity/entities that would indemnify, hold harmless and defend the District, and the City of Menifee against any claims or liability resulting from the construction, operation, maintenance and all other uses of the drainage facilities. 2b.7. The appropriate coverage and of types insurance policies required. 2b.8. The process by which any proposed modifications to the conveyance areas by either District or others would be reviewed and approved. 2b.9. Access rights for the District and the City of Menifee for inspection purposes. 2b.10. An establishment of time frames and procedures for DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F noticing and compliance regarding maintenance of the facilities. (i.e., uncorrected activities or neglect causing impairment of the flood control function could trigger action by the District) 2b.11. A clause providing that if the District is forced to assume the maintenance responsibility for the drainage facilities, ownership of the facilities will fall to the District. 2b.12. That the owner agrees to accept developed conditions flows from offsite areas whether or not offsite water quality mitigation features have been provided. 2b.13. The owner will not unreasonably withhold permission to construct future connecting facilities and will allow connections without fee. (i.e., no "toll" channels, but owner may require that future connections make reasonable effort avoid disturbing existing amenities.) 2c) A Preliminary Project Specific Water Quality Management Plan will be required to be reviewed and approved prior to the issuance of conditions of approval for any land use case within the specific plan. A FINAL Project Specific Water Quality Management Plan will be required to be reviewed and approved prior to issuance of any Grading permit. Technical guidance for the design of greenbelt channels is provided in COA entitled “Greenbelt Design Criteria.” 159. Map Flood Hazard Report: Tract Map 33732 is a proposal to subdivide 94 acres into residential lots (consisting of 4 phases), open space lots, and one park in the Menifee area. The site is located on the northwest corner of Scott Road and Haleblian Road. Garbani Road bounds the site to the north. This site is located entirely within the Cantalena Specific Plan 334 (SP 334). Our review indicates that a major watercourse and corresponding floodplain, Paloma Wash, traverses the site from south to north in the form of a lazy arc and eventually drains north to Salt Creek. Two other significant but poorly defined watercourses enter the project site from the east after flowing over Haleblian Road joining with Paloma Wash onsite. The recently approved (June 2006) Cantalena Specific Plan analyzed this area as part of its proposal. This project proposes a drainage system which consists of three detention basins, a greenbelt channel and internal storm drains. Previously, the Cantalena Specific Plan developed a master drainage plan for the area and proposed to channelize the onsite portion of the Paloma Wash with a landscaped greenbelt channel to contain the floodplain for Paloma Wash. The proposed onsite channel, which is interrupted only by road culverts, DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F was designed to allow for upstream extension as part of the future upstream regional improvements. Additional drainage facilities are proposed to collect all tributary onsite- generated storm water runoff and convey the runoff to the channel. A drainage report was prepared with the specific plan to establish the profiles for the backbone drainage channels and the approximate location and sizes for the detention basin to provide adequate peak flow attenuation and water quality mitigation caused by this development. A key element of the overall feasibility of the applicant's proposed drainage system is the requirement of obtaining maintenance by public agencies for the proposed drainage facilities. While the District would be willing to maintain the structural aspects of the main drainage channel, another public entity is needed for maintenance of the associated landscaping and detention basins. These types of flood control facilities are selected at the discretion of the applicant to complement the nature of the proposed development and do not provide added flood hazard protection commensurate with the additional maintenance costs. Prior to City incorporation, the District was in discussions with Valley Wide to provide maintenance for the basins and landscaping of the channel side slopes. However, upon City incorporation the City has established its own Community Facility Maintenance Districts (CFD) that can provide necessary maintenance services of the drainage system's associated landscaping and mitigation basins. The details of the boundaries of responsibility between the District and the City shall be determined with City review and approval of conceptual basin design. Three permanent detention/mitigation basins are proposed within the limits of this development to provide peak flow attenuation and water quality mitigation imposed by this development. It shall be noted that since land-use designations have been determined by the specific plan, the mitigation basins shall be designed to treat the entire watershed that is tributary to each of the basins. The engineer has submitted preliminary calculations for routing of each of the three proposed mitigation basins. The calculations only included partial routings as not all of the required storms were analyzed. The original preliminary project design approved for the specific plan for the basins included some flexibility in the design, but the preliminary grading shown on the exhibit for Tentative Tract Map 33732 indicates the basins may be deeper than originally proposed. The basin floor of all the basins shall be no lower than 1.5 feet above the outlet in the open channel. The grading and building permits cannot be issued until the plans for the channel, which are currently in the plan check process, are approved and signed. Prior to the issuance of any grading or building permits, the remaining drainage design details shall be finalized and confirmed. A more detailed analysis which (i) supports the adequacy of the final DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F design of the drainage system and (ii) conforms to the District's engineering and maintenance standards shall be provided in the plan check stage. In the case of any conflict between the proposed project design and the District's engineering and maintenance standards, the later shall prevail. 160. Greenbelt Design Criteria: (District technical guidance for design of greenbelt channels) If velocities are erosive (i.e. greater than 6 fps) revetment for side slopes shall be proposed and 15-foot maintenance roads shall be shown on both sides of the conveyance area. Where soft bottoms and revetted side slopes are proposed, provisions for maintenance of the buried portion of the revetment shall be incorporated into the channel design and also into any required environmental mitigation/conservation plan. The channel design shall be developed using hydraulic runs that consider both the maximum depth and the maximum velocity. The following criteria shall be used for selecting Manning's n value, unless substantiation for other values is submitted: When determining the maximum depth: for vegetated/habitat low flow channel n = 0.10, for non-mowed channel outside of low-flow section n = 0.04, for mowed non-irrigated channel outside of low-flow section n = 0.030. When determining the maximum velocity: for vegetated/habitat low flow channel n = 0.10, for the rest of the channel n = 0.025. If flows are non-erosive (i.e. less than 6 fps) then the side slopes may be non-revetted if they are to be landscaped, and provided the slopes are not steeper than 4H to 1V or 15-foot high, and maintenance roads shall be provided on both sides of the conveyance area. The Manning's n values given above shall be used to show that these flows are non-erosive, and to determine the maximum depth of water. 161. 10 YR Curb – 100 YR ROW: The 10-year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 162. 100 YR Sump Outlet: Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided. 163. Perpetuate Drainage Patterns: The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the District for review. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 164. Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 165. Major Facilities: Major flood control facilities are being proposed. These shall be designed and constructed to City of Menifee standards and District standards including those related to alignment and access to both inlets and outlets. The applicant shall consult the City and the District early in the design process regarding materials, hydraulic design, and transfer of rights of way. 166. Greenbelt Facility Maintenance: The developer has proposed an onsite green belt channel to convey storm flows. This channel shall be designed to convey the approved tributary flowrate. The proposed greenbelt facilities would be an amenity serving the development. The District would be willing to maintain the lines and grade and structural aspects of the channel but cannot be responsible for the landscaping. Maintenance expenses for the greenbelt park drainage system could be high. The City and the District must ensure that the public is not unduly burdened for future costs. The City will require that prior to the issuance of any grading permit the developer shall annex the project into a public maintenance entity such as a CFD along with an agreement with the Riverside County Flood Control and Water Conservation District to guarantee the perpetual maintenance of the drainage facilities proposed by the developer. Said annexation and District agreement shall be acceptable to both the City and the District. 167. Greenbelt Channel Design Criteria: The developer has proposed incorporating a greenbelt or 'soft-bottom' channel into the project. The following criteria shall be used to design the channel: If velocities are erosive (i.e. greater than 6 fps) revetment for side slopes shall be proposed and 15-foot maintenance roads shall be shown on both sides of the conveyance area. Where soft bottoms and revetted side slopes are proposed, provisions for maintenance of the buried portion of the revetment shall be incorporated into the channel design and also into any required environmental mitigation/conservation plan. The channel design shall be developed using hydraulic runs that consider both the maximum depth and the maximum velocity. The following criteria shall be used for selecting Manning's n value, unless substantiation for other values is submitted: When determining the maximum depth: for vegetated/habitat low flow channel n = 0.10, for non-mowed channel outside of low-flow section n = 0.04, for mowed non-irrigated channel outside of low-flow section n = 0.030. When determining the maximum velocity: for vegetated/habitat low flow channel n = 0.10, for the rest of the channel n = 0.025. If flows are non-erosive (i.e. less than 6 fps) then the side slopes may be non-revetted if they are to be landscaped but shall be no steeper than 4H to 1V and 15-foot maintenance roads shall be provided on both sides of the conveyance area. The Manning's n values given above shall DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F be used to show that these flows are non-erosive, and to determine the maximum depth of water. If flows are non-erosive (i.e. less than 6 fps) then the side slopes may be non-revetted if they are to be landscaped but shall be no steeper than 4H to 1V and 15-foot maintenance roads shall be provided on both sides of the conveyance area. The Manning's n values given above shall be used to show that these flows are non-erosive, and to determine the maximum depth of water. 168. Increased Runoff: The development of this site will adversely impact downstream property owners by increasing the rate and volume of flood flows. To mitigate this impact, the developer has proposed a detention basin. Although final design of the basin will not be required until the improvement plan stage of this development, the applicant's engineer has submitted a preliminary hydrology and hydraulics study that indicates that the general size, shape, and location of the proposed basin is sufficient to mitigate the impacts of the development. 169. Increased Runoff Criteria: The development of this site would increase peak flow rates on downstream properties. Mitigation shall be required to offset such impacts. An increased runoff basin shall be shown on the exhibit and calculations supporting the size of the basin shall be submitted to the District for review. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the District for review and approval. Storms to be studied will include the 1-hour, 3-hour, 6-hour and 24-hour duration events for the 2-year, 5-year and 10-year return frequencies. Detention basin(s) and outlet(s) sizing will ensure that none of these storm events has a higher peak discharge in the post-development condition than in the pre-development condition. For the 2-year and 5-year events the loss rate will be determined using an AMC I condition. For the 10-year event AMC II will be used. Constant loss rates shall be used for the 1- hour, 3-hour and 6-hour events. A variable loss rate shall be used for the 24-hour events. Low Loss rates will be determined using the following: 1. Undeveloped Condition --> LOW LOSS = 90% 2. Developed Condition --> LOW LOSS = .9 - (.8x%IMPERVIOUS) 3. Basin Site --> LOW LOSS = 10% Where possible and feasible the on-site flows should be mitigated before combining with off-site flows to minimize the size of the detention facility required. If it is necessary to combine off-site and on-site flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (off-site plus on-site), and the second for the DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F area to be developed alone (on-site). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or on-site alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre- developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) shall be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100- year storm without damage to the facility. Embankment shall be avoided in all cases unless site constraints or topography make embankment unavoidable in the judgment of the General Manager-Chief Engineer. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4:1 and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to both the City and the District, should be provided for detention facilities. Generally, this would mean a City of Menifee CFD in combination with Flood Control District’s maintenance of flood control elements or commercial property owners association. Residential homeowners associations are discouraged. 170. Waters of the US: A portion of the proposed project may affect "waters of the United States", "wetlands" or "jurisdictional streambeds". Therefore, a copy of appropriate correspondence and necessary permits, or correspondence showing the project to be exempt, from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) shall be provided to the District prior to the recordation of the final map. All Regulatory Permits (and any attachments pertaining thereto such as Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) to be secured by the Developer shall be submitted to the District for review. The terms of the Regulatory Permits shall be approved by the District prior to improvement plan approval, map recordation or finalization of the Regulatory Permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility to protect public health and safety. 171. Submit Final WQMP: In compliance with Santa Ana Region and San Diego Region Regional Water Quality Control Board Orders, and Beginning January 1, 2005, projects submitted within the western region of the unincorporated area of Riverside County for discretionary approval will be required to comply with the Water Quality Management Plan for Urban Runoff (WQMP). The WQMP addresses post-development water DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F quality impacts from new development and redevelopment projects. The WQMP requirements will vary depending on the project's geographic location (Santa Ana, Santa Margarita or Whitewater River watersheds). The WQMP provides detailed guidelines and templates to assist the developer in completing the necessary studies. These documents are available on-line at: www.floodcontrol.co.riverside.ca.us under Programs and Services, Stormwater Quality. To comply with the WQMP a developer must submit a "Project Specific" WQMP. This report is intended to a) identify potential post-project pollutants and hydrologic impacts associated with the development; b) identify proposed mitigation measures (BMPs) for identified impacts including site design, source control and treatment control post- development BMPs; and c) identify sustainable funding and maintenance mechanisms for the aforementioned BMPs. A template for this report is included as 'exhibit A' in the WQMP. Final Project Specific WQMP must be approved by the District prior to issuance of building or grading permits. Projects requiring Project Specific WQMPs are required to submit a PRELIMINARY Project Specific WQMP along with the land-use application package. The format of the PRELIMINARY report shall mimic the format/template of the final report but can be less detailed. For example, points a, b & c above must be covered, rough calculations supporting sizing must be included, and footprint/locations for the BMPs must be identified on the tentative exhibit. Detailed drawings will not be required. This preliminary project specific WQMP must be approved by the District prior to issuance of recommended conditions of approval. The developer has submitted a report that minimally meets the criteria for a preliminary project specific WQMP. The report will need significant revisions to meet the requirements of a final project specific WQMP. Also, it should be noted that if 401 certification is necessary for the project, the Water Quality Control Board may require additional water quality measures. 172. WQMP Establish Maintenance Entity: This project proposes BMP facilities that will require maintenance by a public agency or homeowner's association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMPs in perpetuity. This may consist of a mechanism to assess individual benefiting property owners, or other means approved by the City. The site's treatment control BMPs must be shown on the project's improvement plans - either the street plans, grading plans, or landscaping plans. The type of improvement plans that will show the BMPs will depend on the selected maintenance entity. 173. BMP – Energy Dissipators: Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F designed to minimize the amount of erosion downstream of the storm drain outlet. This condition shall also apply to proposed bioretention basin inlets. 174. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. Prior to Map Recordation 175. Submit Environmental Constraint Sheet and Final Map: A copy of the environmental constraint sheet and the final map shall be submitted to the PW/Engineering Department for review and approval. All submittals shall be date stamped by the engineer and include the appropriate plan check fee. 176. Delineate Water Courses: The natural watercourses which drain a watershed of 10 acres or more shall be delineated and labeled on the environmental constraint sheet to accompany the final map. A note shall be placed on the environmental constraint sheet stating, "The natural watercourses shall be kept free of all buildings and obstructions". Prior to Grading Permit Issuance 177. Construct Drainage Facilities: Tract Map 33732 will be required to guarantee the construction of the necessary drainage infrastructure to convey onsite and offsite flows to an adequate outlet. With mass grading proposed, the necessary drainage infrastructure to be constructed includes Lines A, B and C as well as the proposed sub-regional detention facilities proposed under the Specific Plan Conceptual Drainage Plan Exhibit, unless otherwise already constructed and accepted by Riverside County Flood Control District and the City of Menifee. These drainage facilities shall be designed to capture the offsite flows from Paloma Wash and its tributaries as well as mitigate and safely convey onsite flows. All flood control facilities shall be built to City of Menifee and Riverside County Flood Control District standards. Plans must be approved and bonded prior to grading. 178. Submit Plans: A copy of the improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the PW/Engineering Department for review. The plans must receive City approval prior to the issuance of grading permits. D. Traffic Engineering, Street Improvements and Dedications 179. Traffic Study Conditions: Prior to City incorporation, the County of Riverside Transportation Department has reviewed the traffic study that was submitted for this project. The study has been prepared in DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F accordance with County approved guidelines in place at that time. The County at that time generally concurred with the findings relative to traffic impacts as indicated below (italicized): The Comprehensive General Plan circulation policies require a minimum of Level of Service "C", except that Level of Service "D" may be allowed with Board of Supervisors' approval in community development areas at intersections of any combination of secondary highways, major highways, arterials, urban arterials, expressways or state highways and ramp intersections. The study indicates that it is possible to achieve adequate levels of service for the following intersections based on the traffic study assumptions. Haun Road (NS) at: Garbani Road (EW) Scott Road (EW) I-215 Freeway Southbound Ramps (NS) at: Newport Road (EW) Garbani Road (EW) Scott Road (EW) I-215 Freeway Northbound Ramps (NS) at: Newport Road (EW) Garbani Road (EW) Scott Road (EW) Antelope Road (NS) at: Newport Road (EW) La Piedra Road (EW) Holland Road (EW) Garbani Road (EW) Scott Road (EW) Little Reb Place (NS) at: Scott Road (EW) Palomar Road (NS) at: Garbani Road (EW) Street "Via Toscana" (NS) at: Scott Road (EW) Project Driveway (NS) at: Scott Road (EW Haleblian Road (NS) at: Garbani Road (EW) Bellamy Lane (NS) at: Scott Road (EW) Menifee Road (NS) at: Garbani Road (EW) Scott Road (EW) Upon City incorporation, the City adopted its General Plan that included an analysis of current City Circulation Network based on updated City Land Use Plan. Additionally, the City adopted a Traffic Analysis Guidelines that provide new developments guidelines and directions in preparing traffic impact analysis. Therefore, in final engineering and prior to final map recordation of subsequent land divisions of TM 33732, the developer/property owner shall submit an updated or new Traffic Impact Analysis (TIA) for review and approval by the City PW Engineering Department. The report shall be approved prior to final map recordation of a subsequent land divisions of TM 33732. The development shall comply DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F with the findings and mitigation measures recommended by the approved new or updated TIA. 180. Traffic Studies Required: Site specific traffic studies will be required for all subsequent development proposals within the boundaries of Specific Plan No. 334. These subsequent traffic studies shall identify specific project impacts and needed roadway improvements to be constructed prior to each development phase. The traffic studies shall be reviewed and approved by the City PW Engineering Department. 181. Traffic Signal Installation: The Specific Plan proponent and all subsequent implementing projects within the Specific Plan shall be responsible for design and construction of traffic signals at the following intersections or as approved by the Transportation Department. Prior to Occupancy of 1st Dwelling Unit - Scott Road at Haun Road with fee credit eligibility - Scott Road at I-215 Southbound Ramps with fee credit eligibility - Scott Road at I-215 Northbound Ramps with fee credit eligibility - Scott Road at "Via Toscana" Street with no fee credit eligibility - Scott Road at Menifee Road with fee credit eligibility - Scott Road at Antelope road with fee credit eligibility - Antelope Road at Garbani Road with fee credit eligibility Prior to Occupancy of 501st Dwelling Unit - Palomar Road at Garbani Road with no fee credit eligibility Prior to Occupancy of 901st Dwelling Unit - Scott Road at Bellamy Lane with no fee credit eligibility - Antelope Road at Holland Road with fee credit eligibility or as approved by the Transportation Department. 182. Traffic Signal Geometrics: Prior to Occupancy of 1st Dwelling Unit The intersection of Scott Road/Haun Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one shared through/right turn lane Southbound: One left turn lane, one shared through/right turn lane Eastbound: One left turn lane, one through lane, one shared through/right DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F turn lane Westbound: One left turn lane, one through lane, one shared through/right turn lane The intersection of Scott Road/I-215 Southbound Ramps shall be improved to provide the following geometrics: Northbound: N/A Southbound: One shared left/through lane, one right turn lane Eastbound: One through lane, one right turn lane Westbound: One left turn lane, one through lane The intersection of Scott Road/I-215 Northbound Ramps shall be improved to provide the following geometrics: Northbound: One shared left/through lane, one right turn lane Southbound: N/A Eastbound: One left turn lane, one through lane Westbound: One through lane, one right turn lane The intersection of Scott Road/Antelope Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one through lane, one right turn lane Southbound: One left turn lane, one through lane, one right turn lane with overlap Eastbound: One left turn lane, two through lanes Westbound: One left turn lane, two through lanes The intersection of Scott Road/"Via Toscana" Street shall be improved to provide the following geometrics: Northbound: N/A Southbound: One left turn lane, one right turn lane Eastbound: One left turn lane, two through lanes Westbound: Two through lanes, one right turn lane The intersection of Scott Road/Menifee Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one shared thru/right turn lane Southbound: One left turn lane, one shared through/right turn lane Eastbound: One left turn lane, one shared through/right turn lane Westbound: One left turn lane, one shared through/right turn lane Prior to Occupancy of 501st Dwelling Unit DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F The intersection of Palomar Road/Garbani Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one shared through/right turn lane Southbound: One left turn lane, one shared through/right turn lane Eastbound: One left turn lane, three through lanes Westbound: One left turn lane, two through lanes The intersection of Scott Road/Little Reb Place shall be improved to provide the following geometrics: Northbound: One right-turn lane Southbound: N/A Eastbound: Two through lanes Westbound: Two through lanes Access at Little Reb shall be restricted to right-in right-out through installation of a raised median on Scott Road, or as approved by The Transportation Department Prior to Occupancy of 901st Dwelling Unit The intersection of Scott Road/I-215 Southbound Ramps shall be improved to provide the following geometrics: Northbound: N/A Southbound: One shared left/through lane, one right turn lane Eastbound: Two through lanes, one right turn lane Westbound: One left turn lane, two through lanes The intersection of Scott Road/I-215 Northbound Ramps shall be improved to provide the following geometrics: Northbound: One shared left/through lane, one right turn lane Southbound: N/A Eastbound: One left turn lane, two through lanes Westbound: Two through lanes, one right turn lane The intersection of Scott Road/Bellamy Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one shared through/right turn lane Southbound: One left turn lane, one shared through/right turn lane Eastbound: One left turn lane, one through lane, one shared through/right DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F turn lane Westbound: One left turn lane, one through lane, one shared through/right turn lane The intersection of Antelope Road/Holland Road shall be improved to provide the following geometrics: Northbound: One through lane, one right turn lane Southbound: One left turn lane, one through lane Westbound: One left turn lane, one right turn lane Eastbound: N/A or as approved by the Transportation Department Any off-site widening required to provide these geometrics shall be the responsibility of the landowner/developer, or as approved by the Transportation Department. 183. Scott Road Widening: Prior to Occupancy of 501st Dwelling Unit Scott Road shall be widened to 4 lanes from I-215 NB ramp to east of Menifee Road. Prior to Occupancy of 901st Dwelling Unit Scott Road shall be widened to 4 lanes from Haun Road to I-215 NB ramp and from Menifee Road to east of Briggs Road. Improvements: All roads shall be improved per the recommended General Plan or Specific Plan designation, and as approved by the City of Menifee PW/Engineering Department. 184. City Standards and Ordinances: The developer/property owner shall provide all street improvements and road dedications set forth herein and in accordance with City adopted City ordinances and City street improvement standards and policies. It is understood that the submitted site plan correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or misrepresentation may require the site plan to be resubmitted for further consideration by the Planning Commission. All questions regarding the true meaning of the conditions shall be referred to the Public Works Engineering Department. 185. Street Light Design as LS-3 Rate Lights: All public street lights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F accordance with approved City standards and specifications, and as determined by the PW Director. 186. Onsite and Offsite Public Street Lights Ownership and Maintenance: All proposed public street lights shall be designed in accordance with City approved standards and specifications, as determined and approved by the PW Director. Unless determined otherwise by the PW Director/City Engineer, the City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and therefore shall be provided with adequate service points for power. The design shall be incorporated in the project’s street improvement plans or in a separate street light plan or as determined and approved by the PW Director. 187. Public Street Lights Service Point Addressing: The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to public street light service points. These service points shall also be owned by the City and shall be located within the public right of way or within duly dedicated public easements. 188. Street Lights Energized: It shall be the responsibility of the Developer to ensure that all street lights are energized along the streets associated with this development, prior to Certificate of Occupancy. Prior to Map Recordation 189. Interchange Improvements: Prior to the recordation of the final map, a Community Facilities District (CFD) or other funding mechanism acceptable to the City of Menifee may be established and funding in place for the construction of the ultimate improvements to the I-215/Scott Road interchange. The project is required to participate in the CFD through payment of fees. 190. Garbani Road Improvements: Plans for an improved Garbani Road/Paloma Wash crossing shall be approved and bonded prior to recordation of any land use case or subdivision within the Specific Plan. The improved Garbani Road crossing will be required to pass storm flows equal to the capacity of existing downstream culverts beneath Antelope Road and the I-215 freeway. This existing capacity is preliminarily found to be approximately 560 cubic feet-per-second and would require a double 4- ft. High by 10-ft. wide RCB at Garbani Road (or equivalent conveyance/structure to the satisfaction of the City Engineer). Additionally, the profile of the improved Garbani Road shall be designed such that calculated 100-year flooding depths upstream of Garbani Road are not increased by more than 0.5 ft. over existing conditions and such that the roadway can withstand overtopping without damage (i.e., Garbani Road as a level weir structure with a length of approximately 1,100 feet). The criteria above may be modified at the consent of the City Engineer. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 191. Haleblian Road Improvements: Plans for an improved Haleblian Road shall be approved and bonded prior to release of any grading permits within the Specific Plan area. Landscape improvements shall conform to City standards and specifications. Haleblian Road (from Scott Road to Garbani Road) shall be improved to provide a 37 foot half width right-of- way with a 10 ft. landscaped parkway, an ADA compliant 13 ft. multi-use trail with rubberized surface, and a 14 ft. half street with base material only as approved by the PW/Engineering Department. Final approval of said improvements shall be at the discretion of the City Engineer. 192. Scott Road and I-215 Interchange: Prior to the recordation of the final map, a Community Facilities District (CFD) or other funding mechanism acceptable to the PW/Engineering Department may be formed and ready to fund for the construction of the ultimate improvements to the I-215/Scott Road interchange and for widening of Scott Road to four lanes from the I- 215 interchange to Briggs Road; or an annexation to a CFD for the widening of Scott Road from I-215 to SR-79, as determined by the PW/Engineering Department. If the applicant has satisfied this condition through annexation into the Scott Road CFD 05-8, the applicant shall provide proof of the annexation to the PW Engineering Department. 193. Easement: Any easement not owned by a public utility, public entity or subsidiary, not relocated or eliminated prior to final map approval, shall be delineated on the final map in addition to having the name of the easement holder, and the nature of their interests, shown on the map. 194. Assessment District: Should this project lie within any assessment/ benefit district, the applicant shall, prior to recordation, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 195. Intersection/50’ Tangent: All centerline intersections shall be at 90 degrees, plus or minus 5 degrees, with a minimum 50' tangent, measured from flowline/curb face or as approved by the PW/Engineering Department or the City Engineer. 196. Right-Of-Way Dedicated: Sufficient public street right-of-way along Via Toscana shall be dedicated for public use to provide for a 74 foot full width right-of-way from Scott Road to Garbani Road. 197. Right-Of-Way Dedicated: Haleblian Road (from Scott Road to Garbani Road) shall be offered for dedication to provide for a 37 foot half width right-of-way with a 10 ft. landscaped parkway, an ADA compliant 13 ft. multi-use trail with rubberized surface, and a 14 ft. half street with base material only as approved by the PW/Engineering Department. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 198. Right-Of-Way Dedicated: Garbani Road and Scott Road (from Haleblian Road to the western tract boundary) shall be offered for dedication to provide for a 143-156 foot full width right-of-way, as approved by the PW/Engineering Department. NOTE: The additional right-of-way is required for the additional turn lanes at the intersection of Via Toscana per City standards and specifications. 199. Road and Bridge Benefit District (RBBD): Prior to the recordation of the final map, or any phase thereof, the project proponent shall pay fees in accordance with Zone A of the Scott Road and Bridge Benefit District. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment to the time of issuance of a building permit. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit. 200. Scott & I-215 Interchange District: Prior to the recordation of the final map, the project shall be annexed to a Community Facilities District, CFD 05-8 to fund a portion of the construction of the ultimate improvements relative to the I-215/Scott Road interchange and the widening of Scott Road to six lanes between I-215 and SR 79 as determined by the PW/Engineering Department. 201. Corner Cut-Back: All corner cutbacks shall be applied per City Standard Plan No. 82, except for corners at Entry streets intersecting with General Plan roads. All corner cutbacks at project entrances shall be determined and approved by the Public Works / Engineering Department. 202. Utility Plan: Utility relocation plans have been deferred till in-tract street improvements. For Specific Plan cases only, electrical power, telephone, communication, street lighting, and cable television lines shall be designed to be placed underground in accordance with City standards and ordinances, or as approved by the PW/Engineering Department. The applicant is responsible for coordinating the work with the serving utility company. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A disposition note describing the above shall be reflected on design improvement plans whenever those plans are required. A written proof for initiating the design and/or application of the relocation issued by the utility company shall be submitted to the PW/Engineering Department for verification purposes. Prior to Certificate of Occupancy 203. Traffic Signal Installation: The Specific Plan proponent and all subsequent implementing projects within the Specific Plan shall be DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F responsible for design and construction of traffic signals at the following intersections or as approved by the PW/Engineering Department. Please note: only signals listed in the approved fee credit eligibility list shall be eligible for fee credit, regardless of prior County conditioning. Prior to Occupancy of 1st Dwelling Unit  The following County condition has been partially satisfied with the now existing traffic signal at the designated intersection. However, any improvements to the existing signal or modifications needed to support the proposed project, shall be guaranteed and constructed by the developer at no cost to the City of Menifee. (County Condition): Scott Road at Haun Road with fee credit eligibility - Scott Road at I-215 Southbound Ramps with fee credit eligibility - Scott Road at I-215 Northbound Ramps with fee credit eligibility - Scott Road at "Via Toscana" Street with no fee credit eligibility - Scott Road at Menifee Road with fee credit eligibility - Scott Road at Antelope road with fee credit eligibility - Antelope Road at Garbani Road with fee credit eligibility Prior to Occupancy of 501st Dwelling Unit  Palomar Road at Garbani Road with no fee credit eligibility. Prior to Occupancy of 901st Dwelling Unit  Scott Road at Bellamy Lane with no fee credit eligibility - Antelope Road at Holland Road with fee credit eligibility or as approved by the PW/Engineering Department. 204. Traffic Signal Geometrics: Prior to Occupancy of 1st Dwelling Unit The intersection of Scott Road/Haun Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one shared through/right turn lane Southbound: One left turn lane, one shared through/right turn lane Eastbound: One left turn lane, one through lane, one shared through/right turn lane Westbound: One left turn lane, one through lane, one shared through/right turn lane. The intersection of Scott Road/I-215 Southbound Ramps shall be improved to provide the following geometrics: The following County condition has been partially satisfied with the now existing lane geometrics at the designated intersections. However, any DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F improvements to the existing striping or modifications needed to support the proposed project, shall be guaranteed and constructed by the developer at no cost to the City of Menifee. (County Condition): Northbound: N/A Southbound: One shared left/through lane, one right turn lane Eastbound: One through lane, one right turn lane Westbound: One left turn lane, one through lane. The intersection of Scott Road/I-215 Northbound Ramps shall be improved to provide the following geometrics: The following County condition has been partially satisfied with the now existing lane geometrics at the designated intersection. However, any improvements to the existing striping or modifications needed to support the proposed project, shall be guaranteed and constructed by the developer at no cost to the City of Menifee. (County Condition): Northbound: One shared left/through lane, one right turn lane Southbound: N/A Eastbound: One left turn lane, one through lane Westbound: One through lane, one right turn lane. The intersection of Scott Road/Antelope Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one through lane, one right turn lane Southbound: One left turn lane, one through lane, one right turn lane with overlap Eastbound: One left turn lane, two through lanes Westbound: One left turn lane, two through lanes. The intersection of Scott Road/"Via Toscana" Street shall be improved to provide the following geometrics: Northbound: N/A Southbound: One left turn lane, one right turn lane Eastbound: One left turn lane, two through lanes Westbound: Two through lanes, one right turn lane. The intersection of Scott Road/Menifee Road shall be improved to provide the following geometrics: The following County condition has been partially satisfied with the now existing lane geometrics at the designated intersections. However, any improvements to the existing striping or modifications needed to support the proposed project, shall be guaranteed and constructed by the developer at no cost to the City of Menifee. (County Condition): Northbound: One left turn lane, one shared thru/right turn lane Southbound: One left turn lane, one shared through/right turn lane Eastbound: One left turn lane, one shared through/right turn lane Westbound: One left turn lane, one shared through/right turn lane. Prior to Occupancy of 501st Dwelling Unit. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F The intersection of Palomar Road/Garbani Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one shared through/right turn lane Southbound: One left turn lane, one shared through/right turn lane Eastbound: One left turn lane, three through lanes Westbound: One left turn lane, two through lanes. The intersection of Scott Road/Little Reb Place shall be improved to provide the following geometrics: The following County condition has been partially met with the now existing lane geometrics at the designated intersection. However, any improvements to the existing striping or modifications needed to support the proposed project, shall be guaranteed and constructed by the developer at no cost to the City of Menifee. (County Condition): Northbound: One right-turn lane Southbound: N/A Eastbound: Two through lanes Westbound: Two through lanes. Access at Little Reb shall be restricted to right-in right-out through installation of a raised median on Scott Road, or as approved by the Public Works Department. This shall be completed at the same time as signal construction at Scott Road and Bellamy Lane, due to overall safety concerns regarding proper circulation along Scott Road. Scott Road shall be widened to 4 lanes from I-215 NB ramp to east of Menifee Road Prior to Occupancy of 901st Dwelling Unit. The intersection of Scott Road/I-215 Southbound Ramps shall be improved to provide the following geometrics: Northbound: N/A Southbound: One shared left/through lane, one right turn lane Eastbound: Two through lanes, one right turn lane Westbound: One left turn lane, two through lanes. The intersection of Scott Road/I-215 Northbound Ramps shall be improved to provide the following geometrics: Northbound: One shared left/through lane, one right turn lane Southbound: N/A Eastbound: One left turn lane, two through lanes Westbound: Two through lanes, one right turn lane. The intersection of Scott Road/Bellamy Road shall be improved to provide the following geometrics: Northbound: One left turn lane, one shared through/right turn lane DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Southbound: One left turn lane, one shared through/right turn lane Eastbound: One left turn lane, one through lane, one shared through/right turn lane Westbound: One left turn lane, one through lane, one shared through/right turn lane. The intersection of Antelope Road/Holland Road shall be improved to provide the following geometrics: The following County condition has been partially satisfied with the now existing lane geometrics at the designated intersection. However, any improvements to the existing striping or modifications needed to support the proposed project, shall be guaranteed and constructed by the developer at no cost to the City of Menifee. (County Condition): Northbound: One through lane, one right turn lane Southbound: One left turn lane, one through lane Westbound: One left turn lane, one right turn lane Eastbound: N/A or as approved by the PW/Engineering Department. Any off-site widening required to provide these geometrics shall be the responsibility of the landowner/developer, or as approved by the PW Engineering Department. Scott Road shall be widened to 4 lanes from Haun Road to I-215 NB ramp and from Menifee Road to east of Briggs. 205. Scott Road Widening: Prior to Occupancy of 501st Dwelling Unit Scott Road shall be widened to 4 lanes from I-215 NB ramp to east of Menifee Road. Prior to Occupancy of 901st Dwelling Unit Prior to Occupancy of 901st Dwelling Unit Scott Road shall be widened to 4 lanes from Haun Road to I-215 NB ramp and from Menifee Road to east of Briggs Road. 206. Via Toscana Street Improvements: Prior to occupancy of the 1st dwelling unit, 'Via Toscana' shall be constructed at its ultimate full section as a Modified Collector from Garbani Road to the northwest corner of Planning Area 4. This Modified Collector shall be constructed in a 74' full width section (58'/74'). The design shall follow the following geometrics looking north: (3' landscaping/22' pavement/14' landscaped median/22' pavement/4' landscaping/6' sidewalk/3' landscaping). The intersection of Garbani Road and Via Toscana shall be designed so that Via Toscana is lined up with Palomar Road to the north. The design of this intersection shall be approved by the PW/Engineering Department. 'Via Toscana' will also extend from this point south to Scott Road. This section shall be constructed within a 74' half width section with 44' of pavement curb to curb. The design shall follow the following geometrics DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F looking north: (15' landscaped median/44' pavement/6'sidewalk/9' landscaping). The ultimate design for the improvements for the portions of 'Via Toscana' that abut the property to the west shall be made with the consent of the City Engineer. 207. Utility Install: The utility installation has been deferred to in-tract street improvements. For Specific Plan cases only, electrical power, telephone, communication, street lighting, and cable television lines shall be placed underground in accordance with City standards and ordinances, or as approved by the PW/Engineering Department. This also applies to existing overhead lines which are 33.6 kilovolts or below along the project frontage and between the nearest poles offsite in each direction of the project site. A certificate should be obtained from the pertinent utility company and submitted to the City Engineer as proof of completion. a. NPDES and WQMP Prior to Grading Permit Issuance 208. Preliminary Project Specific Water Quality Management Plan (Prelim WQMP): The project was originally approved by the Riverside County Board of Supervisors in 2006, prior to City incorporation. Prior to issuance of a grading permit, a complete Prelim project specific WQMP approved by the County shall be submitted to the PW Engineering Department. If an approved Prelim WQMP in substantial compliance with the submitted TPM33739 cannot be provided, the developer understands that one has to be provided for review and approval by PW Engineering Department following the WQMP rules and guidelines in place at the time the project was approved in 2006. The developer understands that revisions to the TPM necessary to meet the required WQMP, may require further consideration and approval by the Planning Commission and/or the City Council. All costs associated with providing a substantially complete and complying WQMP shall be borne by the applicant. 209. Final Project Specific Water Quality Management Plan (Final WQMP): Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies:  Hydrology/hydraulics report  Soils Report that includes soil infiltration capacity  Phase II Environmental Site Assessment Report, as maybe required by the approved Phase ESA 210. Revision to 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. 211. WQMP Right of Entry and Maintenance Agreement: Prior to, or concurrent with the approval of the FINAL WQMP, the developer/property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. 212. BMP Improvement Plans: All structural BMPs included in the approved FINAL WQMP shall be shown on approved BMP plans, or grading/improvement plans as determined by the PW Director/City Engineer, along with any necessary documentation. The BMP plans shall be submitted to the City PW Engineering Department for review and approval. If not made part of a previously approved improvement plan or grading plan, these grading and improvement plans shall be included with the BMP plan submittal for reference. The BMP plans must receive City approval prior to issuance of any construction permit. All submittals shall be date stamped by the engineer and include a completed Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 213. BMP Maintenance & Inspection - Future development of any parcel within this TTM shall include establishment of Homeowners Association (HOA) and CC&Rs that contain inspection provisions for all privately owned treatment control BMPs, and if required, cleaned no later than any major rain event. Future developemnt’s CC&R's shall identify the entity that will inspect and maintain all privately owned structural BMP's within the project boundaries. CC&R's shall be reviewed and approved by the PW Engineering Department. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 214. Trash Enclosures: Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and 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. 215. BMP Facilities Maintenance: This project proposes BMP facilities that will require maintenance by public agency or commercial property owner association. To ensure that the public is not unduly burdened with future costs, prior to final approval or recordation of this case, the City will require an acceptable financial mechanism be implemented to provide for maintenance of treatment control BMP’s in perpetuity. This may consist of mechanism to assess individual benefitting property owners or other means approved by the City. The site’s treatment control BMP’s and all other structural BMPs must be shown on the project’s improvement plans. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 216. Inspection of BMP Installation: Prior to issuance of Certificate of Occupancy, 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 a BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. 217. SWPPP and NPDES Compliance: Prior to issuance of any grading or construction permits, whichever comes first, the applicant shall provide the City of Menifee evidence of compliance with the latest Construction General Permit (CGP) issued by the State Water Resource Control Board (SWRCB) for regulating construction projects that meet the threshold set by the CGP. Owner and/or operators of grading or construction projects meeting the permit threshold are required to comply by obtaining a general construction permit from the SWRCB. The permit requirement applies to grading and construction sites of one acre or larger. To obtain coverage under the CGP, the Legally Responsible Person must electronically file the Permit Registration Documents (PRDs), which include a Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and other documents required by the General Permit. Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more or on-sites which are part of a larger common plan of development which disturbs less than 1 acre are required to obtain coverage under the CGP with the SWRCB. A proof of filing is required prior to issuance of a grading permit in the form of a Waste Discharge ID (WDID) that shall be reflected on the approved grading plan. A current copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be kept at the construction site at all times, and shall be kept updated to reflect current site conditions. The SWPPP shall be made available to PW Inspectors or SWRCB Inspectors upon request. Year-round, Best Management Practices (BMP's) shall be maintained and in place for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Stabilized Construction Entrances and project perimeter linear barriers are required year-round. Removal BMP's (those BMP's which must be temporarily removed during construction activities) shall be in place at the end of each working day. Monitoring for erosion and sediment control is required and shall be performed by the development’s QSD or QSP as required by the Construction General Permit. The SWPPP shall address specific monitoring activities as required for the risk classification of the site. For example, certain high risk classified sites require that the QSD or QSP DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F print and save records of the precipitation forecast for the project location area from (http://www.srh.noaa.gov/forecast) which must accompany monitoring reports and sampling test data. In such project types, a rain gauge is required on site. The PW Department-Inspection staff may conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations. Prior to Building Permit Issuance 218. BMP Installation: Prior to final occupancy all structural BMPs described in the approved project-specific FINAL WQMP shall be constructed and installed in conformance with approved plans, specifications and the FINAL WQMP. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific FINAL WQMP are available for the future owners/occupants. 219. BMP Improvement Plans: A copy of the BMP improvement plans along with any necessary documentation shall be submitted to the City for review. A copy of the improvement plan and grading plan shall be included for reference. The plans must receive the City’s approval prior to issuance of permits. All submittals shall be date stamped by the engineer and include a completed City Deposit Based Fee Worksheet and the appropriate plan check fee deposit. 220. SWRCB, Trash Amendments: The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash _implementation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way. Prior to Certificate of Occupancy DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 221. BMP Education: Prior to issuance of Certificate of Occupancy within each DMA Area, the developer/property owner shall provide the City proof of notification to future occupants of all non-structural Best Management Practices (BMPs) and educational and training requirements for said BMPs as directed in the approved Final WQMP. Proof of notification shall be provided to the PW Engineering Department in forms determined acceptable by the PW Director/City Engineer. Public Educational Program materials may be obtained from the Riverside County Flood Control and Water Conservation District's (District) NPDES Section through their website at www.rcwatershed.org. 222. BMPs Installed: All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all non-structural BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project prior to the completion of these tasks. 223. BMP Maintenance and Inspections: The BMP maintenance plan shall contain provisions for all treatment controlled BMPs to be inspected as described in the project’s FINAL WQMP. Required documentation shall identify the entity that will inspect and maintain all structural BMPs within the project boundaries. A copy of all necessary documentation shall be submitted to the City for review and approval prior to the issuance of occupancy permits. E. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) Prior to Recordation of Final Map 224. Annexation to the Citywide Community Facilities District (CFD): Prior to, or concurrent with the recordation of the final map for a Development Phase, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of a City of Menifee Community Facilities Maintenance District (Services) such as CFD 2017-1, or other CFDs approved by the City Engineer. The PW Director/City Engineer shall determine the appropriate maintenance CFD the Project will be annexed into. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, water quality basins, public landscaping, streetlights, traffic signals, streets, street sweeping, pavement maintenance, drainage facilities, water quality basins, graffiti abatement, public parks and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of a proposed development in the citywide CFD DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 225. CFD Annexation Agreement: In the event timing for a Development Phase prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the recordation of a final map but prior to issuance of a Certificate of Occupancy in any subsequent Development Phase. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to final map recordation or building permit issuance. 226. Landscape Improvement Plans for 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. The plans may be prepared for each map phase or as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 227. 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. 228. Parkway Landscaping Design Standards: The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines. 229. Street Sweeping: Owner shall cause property to be annexed into the City’s citywide CFD as the district funding mechanism to pay for the project’s participation in the City’s street sweeping services, as approved by the City Engineer. 230. Maintenance of CFD Accepted Facilities: All landscaping and appurtenant facilities to be maintained by the 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. F. WASTE MANAGEMENT 231. 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 DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a) Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b) Subscribe to a recycling service with their waste hauler. c) Provide recycling service to their tenants (if commercial or multi-family complex). d) Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html #mandatory 232. AB 1826: AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week, to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic wast4e 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. Prior to Building Permit Issuance: 233. 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. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 234. 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. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Completion of Form B, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the PW Director/City Engineer. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Prior to Certificate of Occupancy 235. 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. Completion of Form C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the PW Director/City Engineer. G. Conditions, Covenants & Restrictions (CC&Rs) Prior to Final Map Recordation 236 Maintenance Exhibit. Prior to final map recordation, the Developer / Property Owner shall prepare an exhibit that shows all open space lots within the project development tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and the Public Works / Engineering Department. 237 Common Area Maintenance. Any common areas identified in the Tentative Tract Map shall be owned and maintained as follows: a) A permanent master maintenance organization shall be established for the tentative tract map area, to assume maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public (CFD) or private (e.g., homeowners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. 238 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/fee simple title or necessary easements for all designated publicly maintained open space areas, free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and easements (except those easements which in the sole discretion of the public organization are acceptable) in order to access and perform needed maintenance. 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. 239 CC&R 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 copy and an electronic version of the declaration of CC&R’s. Attached to these documents there shall be included a legal description of the property included within the CC&R’s and a scaled map or diagram of such boundaries, both signed and stamped by a California registered civil engineer or licensed land surveyor. The declaration of CC&R’s submitted for review 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, and DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F (iii) contain provisions approved by the Public Works/ Engineering Department, Community Development Department, and the City Attorney. b) Include the following provision in the CC&Rs: (i) The management and maintenance of the project site in accordance with the Storm Water Pollution Prevention Plans (SWPPPs), Monitoring Programs, and Post Construction Management Plans to include the following best management practices (BMPs) to reduce storm water pollution: Initial residents, occupants, or tenants of this site shall receive educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be provided by the Flood Control District and shall be distributed by the properties owners' association. These materials shall address good housekeeping practices associated with residential developments, such as: - Where improper disposal of trash has occurred, the property owners' association shall take corrective action within forty-eight hours of discovery. - The street(s) more particularly described on the tract map, shall be swept by the responsible party at least once a year. (ii) Maintenance and access for all associated improvements, open space lots, WQMP basins, storm drain facilities, and utilities (water, sewer, etc.). (iii) Identify a physical feature delineating the maintenance responsibility between the publicly (CFD) maintained landscaping from the privately (POA or HOA) maintained landscaping along Valley Boulevard., Connie Way, Chambers Avenue, and Byers Road. c) As part of the CC&R document, exhibit(s) identifying the areas or improvements that will be maintained by the HOA, and the exhibit(s) shall be consistent with the approved Maintenance Exhibit. d) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of CC&Rs is incorporated therein by reference. e) Once approved, the Developer / Property Owner shall provide a hard copy of the CC&R’s wet-signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R’s prior to or concurrent with the recordation of the final map. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F f) 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. g) If the map is to be recorded in phases, then each phase shall also record a correlating CC&Rs. Fees, Deposits And Development Impact Fees 240. Fees and Deposits: Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable regional fees. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. 241. WRCOG TUMF: Prior to the issuance of an occupancy permit, the project proponent shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of Certificate of Occupancy issuance. 242. Road Bridge Benefit District (RBBD). This project is within the Scott Road Zone A Road Bridge and Benefit District (RBBD). The applicant shall pay the RBBD fees prior to issuance of a Certificate of Occupancy. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Section IV: Riverside County Fire Department Conditions of Approval DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F General Conditions 243. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The building case number is required on all correspondence. 244. Previous conditions for this planning application issued by the Riverside County Fire Department Office of the Fire Marshal are still in effect 245. Blue Dot Reflectors. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. 246. Hydrant Location. Fire hydrants shall be located within 600’ with residential sprinkler systems, along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distance as required by California Fire Code and Riverside County Fire Department. 247. Hydrant Fire Flow. Fire hydrant(s) shall be capable of delivering fire flow as required by the California Fire Code and Riverside County Fire Department standards. 248. Water Mains. Water mains shall be capable of providing required fire flow. 249. Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Approved water plans must be at the job site. 250. Address. The addresses shall be posed per Riverside County Fire Department standards and will be clearly visible from pubic roadways. 251. Fire Department Access. Fire Department apparatus access shall be provided to within 300 feet of all portions of all buildings. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. Access shall be all weather surface able to support 40,000 lbs. vehicle weight. 252. Fire Protection Systems. Residential Fire systems: All residential buildings shall have NFPA 13D fire sprinkler systems installed. Prior to Map Recordation 253. Water Plans. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 254. 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 PW/Engineering Department and the DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Riverside County Fire Department. SECONDARY ACCESS SHALL BE COMPLETED FOR EACH PHASE BEFORE ANY BUILDING PERMIT ISSUED 255. ECS – Roofing Material. ECS map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "B" material as per the California Building Code. 256. ECS Driveway Access. ECS map must be stamped by the Surveyor with the following note: Driveways exceeding 150' in length, but less than 800' in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800', turnouts shall be provided no more than 400' apart. Turnouts shall be a minimum of 10' wide and 30' in length, with a minimum 25' taper on each end. A approved turnaround shall be provided at all building sites on driveways over 150 feet in length, and shall be within 50' of the building. 257. ECS Driveway Requirements. ECS map must be stamped by the Surveyor with the following note: Access will not have an up, or downgrade of more than 15%. Access will not be less than 20 feet in width per the 2001 UFC, Article 9, Section 902.2.2.1) and will have a vertical clearance of 15'. Access will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius of 38 feet capable of accommodating fire apparatus. 258. ECS Gate Entrances. ECS map must be stamped by the Surveyor with the following note: Gate entrances shall be at least two feet wider than the width of the traffic lanes) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. here a one-way road with a single traffic lane provides access to a gate entrance, a 38 feet turning radius shall be used. 259. ECS Gates. ECS map must be stamped by the Surveyor with the following note: Gate(s) shall be automatic or manual minimum 20 feet in width. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30' pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 260. ECS - Water System Installed Prior to Bldg. ECS map must be stamped by the Riverside County Surveyor with the following note: The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. Prior to Building Permit Issuance 261. Tract Water Verification. The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 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. 262. 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. 263. 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 Public Works and Engineering Department and the Riverside County Fire Department. Alternate and/or Secondary Access(s) shall be completed and inspected per the approved plans. Prior to Final Inspection 264. Sprinkler System Residential. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9). 265. 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. (CFC 505.1) DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Section V: Riverside County Environmental Health Conditions of Approval DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F General Conditions 266. Eastern Municipal Water District. Eastern Municipal Water District (EMWD) potable water service and sanitary sewer service is proposed. It is the responsibility of the developer to ensure that all other requirements to obtain potable water service and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. 267. Retention Basins. Any proposed retention basins shall be constructed and maintained in a manner that prevents vector breeding and vector nuisance. Prior to Final Map 268. Water System. A water system shall have plans and specifications approved by Eastern Municipal Water District, the City Engineering Department, and the Department of Environmental Health. 269. Financial Arrangements. Financial arrangements (securities posted) must be made for the water improvement plans and be approved by City Attorney. 270. Sewer System. A sewer system shall have mylar plans and specifications as approved by the Eastern Municipal Water District, the City Engineering Department and the Department of Environmental Health. 271. Annexation. Annexation proceedings must be finalized with the applicable purveyor for sanitation service. Prior to Final Map or Grading Permit Issuance, Whichever Occurs First 272. Hazmat Phase II. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a Phase II Environmental Assessment is required to be completed for pesticides or other hazardous materials used on the property. The results must be reviewed by Haz Mat to verify that the levels are below hazardous waste criteria. If there are questions regarding the number of samples or other requirements, contact Riverside County Environmental Health at (951) 358-5055. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F END OF CONDITIONS The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print). DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F