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PC20-515RESOLUTION NO. PC 20- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. 37121 (PLANNING APPLICATION TPM 2016-185) FOR THE SUBDIVISION OF 37.06 ACRES INTO SIX (6) PARCELS LOCATED AT THE NORTHEAST CORNER OF HAUN AND HOLLAND ROADS AND WEST OF INTERSTATE 215 (APN: 360-130-003). WHEREAS, on August 11, 2016, the applicant, JPN Investments, filed a formal application with the City of Menifee for the approval of Tentative Parcel Map (TPM) 2016-185 (PM 37121) a subdivision of 37.06 gross acres into six (6) commercial parcels ranging in size from 5.10 to 7.76 gross acres (collectively, the “Project”); and WHEREAS, on June 24, 2020, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Tentative Parcel Map (TPM) 2016-185 (TPM 37121) which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 700 feet of the Project boundaries and to persons requesting public notice; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1: Consistency with the General Plan. The tentative parcel map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The General Plan land use of the site is Economic Development Corridor (EDC). The intent of the designation is to identify areas where a mixture of residential, commercial, office, industrial, and entertainment uses are planned. Areas designated EDC are envisioned to develop primarily as nonresidential uses. The proposed subdivision creates six parcels capable of facilitating the establishment of commercial, retail and auto related uses on vacant and undeveloped property and is consistent with the intent of the EDC land use designation. Section 2: Consistency with the Zoning Code. The Tentative Parcel Map is consistent with the zone designation map, and applicable development standards within the zone designation: The map has been analyzed for consistency with the Economic Development Corridor – Community Core, zoning designation. As prescribed by Section 9.140.040-2 of the City’s zoning code, a minimum lot area of 15,000 square feet. The project is consistent with the design guidelines, zoning and development standards of the EDC-CC and overlay as each of the six parcels exceed the 15,000 square foot minimum lot area prescribed by the EDC-CC zone as the parcels range in area from 5.10 to 7.76 acres. The proposal which includes the subdivision of land for future commercial/retail, office use, or automotive related DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 515 PM 37121 / Planning Case PM 2016-185 June 24, 2020 enterprises which are allowed with approval of a plot plan or conditional use permit applications. Furthermore, the proposal is consistent with the properties located to the north and south of the project site, with the property located to the south partially developed with a self-storage facility, to the west across Haun Road, the Paloma Wash which is designated Open Space with residential development located beyond further west and to the east the Interstate 215 right-of-way. Section 3: Consistency with Title 7, Subdivisions Regulating the Division of Land. The proposed subdivision of 37.06 acres into six (6) commercial parcels has been reviewed and conditioned for consistency with the requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. Section 4: The site is physically suitable for the type of development and the proposed land use of the development. The Project is for a subdivision of land; The subject site is relatively flat with a drainage course situated at the southerly boundary which has been properly delineated and therefore would not be incompatible with the proposed development. The site is bounded by Interstate 215 to the east, Holland Road and Haun Road to the south and west, respectively and vacant commercial property to the north. Therefore, the site is considered physically suitable for the type of development and the proposed land use of the site. Section 5: Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The uses in closest proximity to the project site include partially developed commercial property with a self-storage facility located south of the project site beyond Holland Road and the Paloma Wash located to the west beyond Haun Road while the remaining surrounding properties are vacant and designated the same as the project site. The project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications. The project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Section 6: Compliance with CEQA. Processing and approval of the tentative parcel map application are in compliance with the requirements of the California Environmental Quality Act. An IS/MND pursuant to the California Environmental Quality Act (CEQA) was prepared for the Project. In the IS/MND, it was found that with implementation of mitigation measures, the Project would not result in any DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 PM 37121 / Planning Case PM 2016-185 June 24, 2020 significant impacts. A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and identifies all mitigation measures that will be required for the Project. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. Tentative Parcel Map No. 37121 (Planning Case No. 2016-185), is approved subject to the Conditions of Approval as set forth in Exhibit “1” to this Resolution; and PASSED, APPROVED AND ADOPTED this the 24th day of June, 2020 _________________________ Randy Madrid, Chair Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Page 1 of 47 EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Tentative Parcel Map No. 2016-185 (TPM37121) Project Description: Tentative Parcel Map No. (PM) 2016-185 proposes to subdivide 37.06 gross (31.44 net acres) into six (6) commercial parcels. The parcels range in size from 5.10 to 7.76 gross acres and 3.89 to 6.34 net acres, respectively. The project site is bound by Interstate 215 (I-215) to the east, Haun Road to the west, Holland Road to the south, and vacant property to the North within the City of Menifee, County of Riverside, State of California. Assessor's Parcel No.: APN 360-130-003 MSHCP Category: Commercial DIF Category: Commercial/Retail TUMF Category: Commercial/ Retail – (Applicant should contact WRCOG to determine fee category) Quimby Category: N/A Approval Date: June 24, 2020 Expiration Date: June 24, 2023 Within 48 Hours of the Approval of This Project 1. Filing Notice of Determination (ND/MND). The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Four Hundred Fifty Six Dollars and Seventy-Five Cents ($2,456.75) which includes the Two Thousand Four Hundred Six Dollars and Seventy-Five Cents ($2,406.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 2 of 47 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. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 3 of 47 Section I: Conditions applicable to All Departments Section II: Community Development Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Fire Department Conditions of Approval Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 4 of 47 Section I: Conditions Applicable to all Departments Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 5 of 47 General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 37121 shall be henceforth defined as follows: TENTATIVE MAP = EXHIBIT A - Tentative Parcel Map No. 2016-185 (PM 37121), dated May 6, 2020, (TPM 37121) FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 2. 90 Days. The developer/owner has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of the approval or conditional approval of this project. 3. Newly Incorporated City. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permitee 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. The permitee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 4. Comply with MMC Title 7, Subdivisions. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Title 7, unless modified by the conditions listed herein. 5. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the Planning Commission’s original approval date, unless extended as provided by Municipal Code Section 7.20.130 or state law. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase the LMS no further FINAL MAP recordation shall be permitted. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 6 of 47 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan prepared for the project. 8. No Grading or Building Permits. Planning Application 2016-185 Tentative Parcel Map (TPM 37121) is for a commercial subdivision. No grading or building permits shall be issued pursuant to this subdivision until such time a PLOT PLAN is approved. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 7 of 47 Section II: Community Development Department Conditions of Approval Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 8 of 47 General Conditions 9. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky. 10. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not including on-site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. 11. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 12. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this parcel map as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 13. No Outdoor Storage. No outdoor storage is allowed within or upon the site. No storage lockers, sheds, metal container bins, or metal shipping containers will be allowed to be stored outside unless first reviewed and approved by the Community Development Department. ARCHEOLOGY 14. 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. 15. 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). 16. Inadvertent Archeological Find. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 9 of 47 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). a. 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. b. 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. c. 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. d. 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. e. 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.” 17. 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: Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 10 of 47 a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There 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. 18. 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 Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 11 of 47 determines the probability of encountering any additional fossils has dropped below an acceptable level. 5) If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 19. 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). 20. Viable Landscaping. All plant materials within landscaped 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 Building Permit landscaping install and inspection condition. 21. Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance (MMC 15.04) and the Park Design, Landscaping and Tree Preservation Ordinance (MMC 9.86). Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 22. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association or individual property owner. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Community Facilities District (CFD), or other mechanism as determined by the City of Menifee. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 12 of 47 FEES 23. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to final map, grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Final Map 24. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner 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 of the City of Menifee Municipal Code. 25. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 26. Reciprocal Access. As proposed, the 30 ft easement located on the north side of the property is sufficient to serve as an interim driveway approach off of Haun Road and facilitate right-in and right-out turn movements for the Project. Should the property to the north develop in the future, the property owner to the north may exercise the option to redesign the northerly access to accommodate a full commercial driveway to serve both properties. 27. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Section 7.65.070 of the City of Menifee Municipal Code, which shall be submitted as part of the plan check review of the FINAL MAP. 28. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, 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 the Dark Sky Ordinance.” 29. ECS Mitigation Monitoring Plan. The following Environmental Constraints Note shall be placed on the ECS Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 13 of 47 “This property is subject to the Mitigation Monitoring and Reporting Plan adopted as part of the Mitigated Negative Declaration for the Project on file with the Community Development Department.” RECORDATION OF FINAL MAP FEES 30. Fees. Prior to recordation, the Planning 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. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 14 of 47 Section III: Public Works/Engineering Conditions of Approval Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 15 of 47 The following are the Public Works (PW)-Engineering Department Conditions of Approval for this development, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the PW Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. General Conditions 1. Subdivision Map Act - The developer / property owner shall comply with the State of California Subdivision Map Act and the City’s Subdivision Ordinance (Title 7). 2. Proposed Parcel Map – The property owner is proposing to subdivide a 37.06 acres of land into six (6) Parcels: Parcel 1, Parcel 2, Parcel 3, Parcel 4, Parcel 5, and Parcel 6. The proposed parcel map is a proposal to develop the land into Commercial use. 3. Tentative Parcel Map. It is understood that the tentative parcel map correctly shows acceptable centerline elevations, all existing easements, traveled ways and drainage courses with appropriate Q’s, and that their omission or unacceptability may require the map to be resubmitted for further consideration. All questions regarding the true meaning of these conditions shall be referred to the PW Department. 4. Bond Agreements, Grading and Improvement Security – To guarantee the construction of all required grading and improvements, the developer/property owner shall enter into Bond Agreements and post security or bonds in accordance with applicable City policies and ordinances. The improvements shall include, but not limited to: onsite/offsite grading, erosion control, street improvements, street lights, traffic signals, signing and striping, public landscape improvements, recreational paseos, parks, water/sewer/recycled water improvements, water quality BMPs, and storm drainage facilities. If map recordation is required, bond agreements shall be executed and bonds/security posted prior to final map recordation. Otherwise, bond agreements and bond posting shall be required prior to grading, building, or construction permit issuance whichever is applicable. It should be noted that, with the exception of grading bond agreements, all other bond agreements require Council approvals. 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. 5. 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 Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 16 of 47 developer/property owner to coordinate their project timing with City Council calendar when requesting changes to bond agreements. 6. Existing and Proposed Easements - The submitted tentative parcel map shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said tentative parcel map to be resubmitted for further consideration. 7. Engineered Plans - All street improvement plans and required grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed, dated and stamped by a registered civil engineer or other registered / licensed professional as required. 8. 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. 9. Plan Approvals – The developer/property owner shall submit improvement plans prior to final map recordation. These shall include plans for the construction of all required improvements required for bonding prior to final map recordation (such as street improvements, drainage improvements, landscape improvements, traffic signals, streetlights). Required improvement plans and grading plans must be technically approved, or received a substantial completion letter from the Public Works Engineering Department prior to final map recordation, issuance of any construction and/or grading permit as determined by PW Director/ City Engineer. Prior to final approvals, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, street lights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted, in one of the following formats: (a) Auto CAD DXF, (b) GIS shape file (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. 10. 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. This also includes coordination and all work required to obtain an encroachment permit from the City of Menifee, for any and all improvements that fall within the City of Menifee jurisdiction. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 17 of 47 11. 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. 12. 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. Any construction within the City limits located within 1/4 of a mile from an occupied residence shall be limited to the hours of 6:30 a.m. to 7:30 p.m., Monday through Saturday, except on nationally recognized holidays in accordance with Municipal Code Section 8.01.020. Construction on Sunday or nationally recognized holidays are not permitted unless prior approval is obtained from the City Building Official or City Engineer / PW Director. b. All spoils, debris, or other construction materials deposited on any public street shall be removed no later than the end of each working day. c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the developer / property owner to remedies as set forth in the City Municipal Code. In addition, the City Engineer / PW 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 that 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 PW Inspector prior to start of any construction activities for this site. 13. Dry Utility Installations - Electrical power, telephone, and cable television lines shall be placed underground in accordance with current City ordinances, or as approved by the Public Works Director/City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries which includes between the nearest poles offsite in each direction of the project site. Interpretation of “nearest poles offsite” shall be at the discretion of the PW Director/City Engineer. Other utility lines such as telephone cables, telecommunication cables that are collocated with high voltage poles shall be placed underground even when the high voltage lines (such as 115kV) are exempt from being placed underground. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council. A disposition note describing the above undergrounding and/or relocation shall be reflected on design improvement plans whenever those plans are required. Prior to issuance of a Certificate of Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 18 of 47 Occupancy, the developer/property owner shall submit to the PW Engineering Department, written proof from the pertinent utility company that the required utility work has been completed B. GRADING General Conditions 14. 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. 15. Regulations and Ordinance on Grading within the City. All grading activities shall conform to City Ordinances, City design standards and specifications, City General Plan, applicable sections of California Building Code, and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health, safety, and welfare. 16. Dust Control. All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board. A watering device shall be present and in use at the project site during all grading operations. Prior to Grading Permit Geotechnical Report - A Geotechnical Engineering Investigation prepared by C.W. La Monte Company, Inc., dated January 17, 2017, was submitted to the City. The Geotechnical Engineering Investigation was reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports and was approved by the City. This Report was approved on May 8, 2017. Prior to issuance of any grading permit, two copies of the City-approved Geotechnical Engineering Investigation shall be submitted to the PW-Engineering Department. The developer / property owner shall comply with the recommendations of the report, and City standards and specifications. All grading shall be done in conformance with the recommendations of the approved Geotechnical Engineering Investigation. 17. Grading Permit for Clearing and Grubbing – A grading permit is required from the PW-Engineering Department prior to any clearing, grubbing, or any topsoil disturbances related to construction grading activities. 18. Erosion Control Plans – All required grading plans shall require erosion control plans prior to approval. Graded but undeveloped land shall provide, in addition to erosion control measures, drainage facilities deemed necessary to control or Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 19 of 47 prevent erosion. Erosion and sediment control BMPs are required year round in compliance with the State Water Resources Control Board (SWRCB) Construction General Permit (CGP). Additional erosion protection may be required during or before an anticipated rain event. 19. Compliance with NPDES General Construction Permit – The developer / property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) CGP from the SWRCB. Prior to approval of the grading plans or issuance of any grading permit, the developer / property owner shall obtain a CGP from the SWRCB. Proof of filing a Notice of Intent (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 CGP, contact the SWRCB. 20. 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 has been issued by SWRCB. 21. SWPPP for Inactive Sites – The developer / property owner shall be responsible for ensuring that any graded area that is 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. 22. Grading Bonds – Prior to commencing any offsite grading, the applicant shall obtain a grading permit from the PW-Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer / property owner with the PW-Engineering Department. 23. Import / Export – Prior to issuance of a grading permit, grading plans involving import or export of dirt shall require approval of the import / export locations from the PW-Engineering Department. For projects importing soil, if the source locations for proposed import were not previously approved with an Environmental Site Assessment (ESA) that includes an assessment of the property of soil being imported, a Soils Report/Geotechnical Report for the soil being imported shall be submitted for review and approval by the PW-Engineering Department prior to issuance of any grading permit. A haul route must be submitted for approval by the PW-Engineering department prior to grading operations. 24. Offsite Grading Easements - Prior to recordation of a final map phase, or the issuance of a grading permit within a phased map whichever occurs first, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department. If required offsite easements of Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 20 of 47 agreements cannot be obtained, redesign reviewed and approved by the City of Menifee may be necessary. DESIGN GUIDELINES: 25. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the PW- Engineering Department. 26. Slope Stability - A slope stability report shall be submitted and approved by the PW-Engineering Department for all proposed cut or fill slopes steeper than 2:1 (horizontal to vertical) or over 30 feet in vertical height - unless addressed in a previously City approved report. 27. Slope Landscaping and Irrigation – All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per applicable City ordinances. Drip irrigation shall be used for all irrigated slopes. 28. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per applicable City ordinances. 29. Temporary Erosion Control Measures - shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the PW- Engineering Department for review and approval. 30. Dust Control - During actual grading, all necessary measures to control dust shall be implemented by the developer / property owner in accordance with Air Quality Management District (AQMD) requirements. A watering device shall be present and in use at the project site during all grading operations. 31. Use of Maximum and Minimum Grade Criteria – Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector, and will need to be removed and replaced at the expense of the developer / property owner. 32. Cross Lot Drainage: Prior to or concurrent with parcel map recordation, cross lot drainage easement will be recorded on all parcels affected by the approved drainage study. Prior to Building Permit Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 21 of 47 33. No Building Permit without Grading Permit - Prior to issuance of any building permit, the developer / property owner shall obtain a grading permit and / or approval to construct from the PW-Engineering Department. 34. 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 PW-Engineering Department for verification and acceptance. 35. Conformance to Elevations / Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical / soils report. Prior to Issuance of Certificate of Occupancy 36. Final Grade Certification – The developer / property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City approved form, for each building requesting a certificate of occupancy. The certification shall be submitted to the PW- Engineering Department for verification and acceptance. 37. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. C. DRAINAGE 38. 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. 39. 100 YR Sump Outlet: Drainage facilities outletting in sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 40. Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and storm waters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 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 PW- Engineering Department for review. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 22 of 47 41. BMP – Energy Dissipators: Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 42. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. Prior to Grading Permit Issuance 43. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW-Engineering Department for review. 44. Protection of Downstream Properties - The developer / property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities and securing necessary drainage easements. 45. Drainage Study - The developer / property owner submitted a Preliminary Drainage Study, prepared by Albert A. Webb, dated July, 2019. The PW- Engineering Department has reviewed the Preliminary Drainage Study, and has granted conditional approval, pending the developer / property owner addressing the following remaining Engineering comments during the Final Engineering phase: An additional hydraulic analysis must be provided in the final engineering drainage study to demonstrate that the existing storm drain system in Menifee Road has the capacity to convey the additional offsite storm flow 46. Final Drainage Studies – The Drainage Study that has been submitted and approved by the City of Menifee is only approved for the interim on-site conditions and the off-site conditions. As each parcel is processed for entitlement/development, either a parcel specific hydrology report and/or hydraulic analysis (i.e. drainage study) will be prepared and submitted to the City for review and approval, or a master drainage study for the entire development must be modified and submitted to the city for review and approval. The drainage study shall analyze how development of the project parcel(s) will impact the pertinent storm drain infrastructure within and around the parcel(s), and describe whether additional improvements will be required. Any additional infrastructure that may be required from the development of the parcel(s) will be the responsibility of the developer/owner. Prior to Building Permit Issuance Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 23 of 47 47. Offsite Easements or Redesign: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the PW-Engineering Department prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 48. Written Permission for Grading: Written permission shall be obtained from the affected property owners allowing the proposed grading and / or facilities to be installed outside of the tract boundaries. A copy of the written authorization shall be submitted to the PW-Engineering Department for review and approval. 49. Onsite Storm Drain Lines: The developer shall construct the proposed onsite storm drain lines. These storm drains are to be maintained by the property owners, which should be clearly stated in the established Property Owners Association (POA). The proposed storm drains shown on the Approved Tentative Parcel Map are to be adequate for the ultimate improvements. However, if parcel-specific studies show the need for additional storm drain improvements in order to maintain an acceptable drainage, the developer will be responsible for both submitting plans for these additional improvements for approval, and the construction of said improvements. 50. Offsite Storm Drain Lines: The developer shall construct the proposed offsite storm drain lines. These storm drains are to be maintained by the established City of Menifee citywide Community Facilities Maintenance District (Services), which shall be either CFD 2015-2 or CFD 2017-1, as determined by the Public Works Direct/City Engineer. 51. Connection to the Paloma Wash Channel: Project proposes the extension of Lateral Storm Drain Line P, and new onsite storm drains that connects to a lateral connection to drain to the Paloma Wash Channel. The Developer shall construct this storm drain line prior to any building permit issuance. Prior to construction of this storm drain connection, developer shall obtain an encroachment permit from Riverside County Flood Control (RCFC). If a cooperative agreement is required, the agreement must be executed and recorded prior to any approval of storm drain improvement plans. D. WASTE MANAGEMENT 52. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a) Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b) Subscribe to a recycling service with their waste hauler. c) Provide recycling service to their tenants (if commercial or multi-family complex). Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 24 of 47 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#mand atory 53. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week, to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal: Source separate organic material from all other recyclables and donate or self- haul to a permitted organic waste processing facility. a) 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. b) Consider xeriscaping and using drought tolerant / low maintenance vegetation in all landscaped areas of the project. Effective January 1, 2019, the above requirements will be applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic yards of organic waste per week. Additionally, effective January 1, 2019, a 3rd trash bin will be required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. Prior to Building Permit Issuance: 54. 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. 55. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering/Public Works Department approval. Completion of Form 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, Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 25 of 47 the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Prior to Issuance of Certificate of Occupancy: 56. 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 E. TRAFFIC ENGINEERING AND STREET IMPROVEMENTS 57. Traffic Impact Analysis Report. The development shall comply with all the mitigation measures identified to be constructed or provided in the approved traffic impact analysis (TIA), dated May 2020 prepared by Albert A Webb Associates. PW-Engineering – Traffic Engineering Division has reviewed the TIA and has concurred with its findings. The developer / property owner shall be responsible for all improvements, such as but not limited to; right-of-way frontage improvements, traffic signal construction or mitigation, fair share fees, required or identified in the approved traffic study and according to these Conditions of Approval. All required improvements identified in the study shall be included in all improvement plans for review and approval by PW-Engineering. The recommendations/mitigation measures outlined in the approved TIA are as discussed below. Additional improvements or redesign may be required to address public safety and welfare, as determined by the City Engineer / PW Director. 58. Focused Traffic Study – With the development of each Parcel in the Parcel Map, a traffic study may be required and shall be submitted to the City for review and approval. 59. Paving or Paving Repairs. The applicant 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 of Menifee Standards and Specifications and as approved by the Public Works Director/City Engineer. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 26 of 47 60. Concrete Work. All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength Prior to Building Permit Issuance 61. Street Improvements Prior to building permit issuance, any necessary street improvement plans shall be approved by the City Engineer in accordance with City Design Standards and Specifications, the City General Plan, any City adopted ordinances, and all other relevant laws, rules and regulations governing street construction in the city. 62. Signing and Striping Plan. Prior to issuance of a building permit, any necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. Signing and striping plans may include a striped bike lane per City General Plan requirements. 63. Driveway Geometrics. Final driveway geometrics may be modified in final engineering as approved by the City Engineer / PW Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 64. Sight Distance Analysis. Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the PW Director, and shall be incorporated in the final grading plans, street improvement plans, and landscape improvement plans. 65. Traffic Signal Control Devices. All new traffic signals and traffic signal modifications required for construction by this development shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans, and shall be approved by the PW Director, prior to testing of new traffic signal. Traffic signal poles shall be placed at ultimate locations when appropriate. 66. Traffic Signal Timing Plans. Traffic signal timing plans for new and or modified signalized intersections shall be submitted with the traffic signal design plans and shall be approved by the PW Director prior to installation and testing of new signal. 67. Intersection Geometrics. All temporary/final intersection geometrics may be modified in final engineering as approved by the PW Director. 68. Construction Traffic Control Plan - Prior to start of any project related construction, the developer / property owner shall submit to the PW-Engineering Department for review and approval, a Construction Traffic Control Plan in Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 27 of 47 compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction. The plan shall specify mitigation measures to address the following: a) Dust and dirt fallout from truck loads and gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. b) Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c) Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. 69. Fair Share Cost Estimates - This project is required to contribute fair share costs for associated intersection and roadway geometric improvements with respect to ultimate roadway improvements. The fair share cost estimates for geometric improvements shall be based on conceptual exhibits. The conceptual exhibits shall show the proposed improvements overlaid onto the existing roadway to determine the construction cost of said improvement. 70. Cost Participation through Payment of TUMF, DIF and RBBD for Offsite Improvements. The developer/property owner’s TUMF, DIF and RBBD payment obligations shall be considered as cost participation for Project’s required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF, DIF and RBBD facilities at time of TUMF, DIF and RBBD payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering into a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee. Prior to Issuance of Certificate of Occupancy 71. Haun Road Frontage Street Improvements. The developer / property owner shall construct the required half width street improvements along Haun Road from Holland Road to the projects Northern Boundary at its ultimate cross-section as a modified Major Roadway. The required improvements shall include construction of 4 lanes (2 northbound, 2 southbound), raised landscape median, left turn pockets, bike lanes, landscaped parkways, and sidewalk along the project frontage. A raised landscape median shall be installed within Haun Road from Holland Road to the northern project boundary. At the end of the median at the northern project boundary, a striped median transitioning to the existing roadway shall be installed. The Right of Way for Haun Road shall be 132’ from Holland Road to Driveway 2 with a 21’ parkway on the west side, 94’ curb to curb, and 17’ minimum parkway on the east side. A bus stop with an appropriately designed bus turn out shall be installed between this segment. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 28 of 47 The Right of Way for Haun Road shall be 130’ from Driveway 2 to the northern project boundary with a 21’ parkway on the west side, 90’ curb to curb, and 21’ minimum parkway. The improvements along Haun Road shall include safe transitions and terminations as approved by the PW Director. 72. Merging Pavement Taper – Haun Road. The developer shall construct a minimum 50’:1 pavement taper merging north of the Project Boundary to merge the proposed improvements along Haun Road to the existing roadway conditions, as shown on the Tentative Parcel Map. If the developer is unable to obtain necessary Right of Way in order to satisfy this condition, the developer can submit a redesign for review and approval by the City Engineer, designed in accordance with city standards. 73. Commercial Driveways. The developer / property owner shall construct driveways at both Driveway 1 and Driveway 2 (as indicated in the Traffic Impact Analysis) per City of Menifee Standard Plan No. 208 for Commercial Driveway Approach. 74. Intersection of Project Driveway 1 at Haun Road. The developer/property owner shall construct the northern project Driveway 1 at Haun Road with following geometrics: a. Northbound: One through lane. One shared through/ right-turn lane. b. Southbound: Two through lanes. c. Eastbound: Not Applicable. d. Westbound: One right-turn lane. Stop controlled. 75. Traffic Signal at Project Driveway 2 and Haun Road. The developer/property owner shall install a new traffic signal at the southern project Driveway 2 and Haun Road with following geometrics: a. Northbound: One through lane. One shared through/right turn lane. b. Southbound: Two left-turn lanes (minimum 375’ pocket). Two through lanes. c. Eastbound: Not Applicable. d. Westbound: One left-turn lane. One right-turn lane with overlap phasing. 76. Traffic Signal at Haun Road and Holland Road. The developer/property owner shall install a new traffic signal at Haun Road and Holland Road with the following geometrics: a. Northbound: Two left turn lanes (minimum 300’ pocket). One through lane. One shared through/right turn lane. b. Southbound: Two left turn lanes (minimum 300’ pocket). Two through lanes. One right turn lane with overlap phasing. c. Eastbound: Two left turn lanes (minimum 200’ pocket). One through lane. One right turn lane (minimum 100’ pocket). Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 29 of 47 d. Westbound: One left turn lane (minimum 230’ pocket). One through lane. One shared through/right turn lane. 77. Traffic Signal at Sherman Road and Holland Road. The developer/property owner shall install a new traffic signal at Sherman Road and Holland with the following geometrics: a. Northbound: One left turn lane (minimum 150’ pocket). One shared through/right turn lane. b. Southbound: One left turn lane (minimum 200’ pocket). One shared through/right turn lane. c. Eastbound: One left turn lane (minimum 250’ pocket). One through lane. One right turn lane (minimum 150’ pocket). d. Westbound: One left turn lane (minimum 150’ pocket). One through lane. One right turn lane (minimum 150’ pocket). 78. Cost Participation through Payment of Fair Share. The developer / property owner shall pay fair share costs for offsite improvements determined as follows: a. Bradley Road between Park Avenue and Newport Road. The developer/property owner shall pay fair share to widen Bradley Road between Park Avenue and the Newport Road to a four lane with two-way- left turn lane at a fair share cost of 11.43% of the total cost of the improvement. The improvement shall accommodate 4 lanes (2 northbound lanes, 2 southbound lanes), two-way-left turn lane, and left turn pockets at intersections. b. Haun Road between La Piedra Road and Holland Road. The developer/property owner shall pay fair share to widen Haun Road between La Piedra Road and the Holland Road to a four lane with raised landscape median at a fair share cost of 79.37% of the total cost of the improvement. The improvement shall accommodate 4 lanes (2 northbound lanes, 2 southbound lanes), raised landscape median, and left turn pockets at intersections. c. Haun Road between Holland Road and Scott Road. The developer/property owner shall pay fair share to widen Haun Road between Holland Road and Scott Road to a four lane with raised landscape median at a fair share cost of 24.85% of the total cost of the improvement. The improvement shall accommodate 4 lanes (2 northbound lanes, 2 southbound lanes), raised landscape median, and left turn pockets at intersections. d. Holland Road Overcrossing. Improve roadway geometrics as part of the Holland Road Overpass Project at a fair share cost of 1.0% of the total cost of improvement. This improvement would allow for the construction of the Holland Road Overpass from Haun Road to Hanover Lane. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 30 of 47 e. Antelope Road and Newport Road. Improve intersection geometrics at Antelope Road and Newport Road at a fair share cost of 14.2% of the total cost of the improvement. The intersection improvements are as follows: i. Eastbound: Restripe to add one right turn lane. f. Menifee Road and Newport Road. Improve intersection geometrics at Menifee Road and Newport Road at a fair share cost of 16.8% of the total cost of the improvement. The intersection improvements are as follows: i. Southbound: Add right turn overlap phasing. g. Bradley Road and Holland Road. Improve intersection geometrics at Bradley Road and Holland Road at a fair share cost of 17.9% of the total cost of the improvement. The intersection improvements are as follows: i. Eastbound: Restripe to add one right turn lane. h. Antelope Road and Albion Lane. Improve intersection geometrics at Antelope Road and Albion Lane at a fair share cost of 11.7% of the total cost of the improvement. The intersection improvements are as follows: i. Install a traffic signal i. Palomar Road and Holland Road. Improve intersection geometrics at Bradley Road and Holland Road at a fair share cost of 8.3% of the total cost of the improvement. The intersection improvements are as follows: i. Install a traffic signal ii. Eastbound: Construct one left turn lane. iii. Westbound: Restripe to add one left turn lane. E. STREET STANDARDS, DEDICATIONS, AND VACATIONS 79. Improvements - Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, applicable City Ordinances, and all other relevant laws, rules and regulations governing street construction in the City. 80. Soils and Pavement Report – Street pavement structural designs shall comply with the recommendations in the City approved Project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the PW Director. 81. Street Improvement Plan Profile – Unless specifically required by the approved traffic study, improvement plans shall be prepared based upon a design profile extending a minimum of 300 feet beyond project boundaries at grade and alignment approved by PW-Engineering Department. 82. Streetlight Plan – Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the PW Director. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 31 of 47 83. Streetlight Design as LS-3 Rate Lights – All streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the PW Director. 84. Public Streetlights Service Points – All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements. 85. Street Name Sign - If applicable, the developer / property owner shall install street name sign(s) in accordance with applicable City Standards or as directed by the PW-Engineering Department. 86. Easement for Public Utility Purposes – As proposed, the 30 ft easement located on the north side of the property is sufficient to serve as an interim driveway approach off of Haun Road and facilitate right-in and right-out turn movements for the Project. Should the property to the north develop in the future, the property owner to the north may exercise the option to redesign the northerly access to accommodate a full commercial driveway to serve both properties. Prior to Building Permit Issuance 87. Holland Overpass Right of Way (ROW). Acquisition of all right of way required for the future Holland Road Overcrossing at Interstate 215 must be complete prior to any building permit issuance. 88. Onsite Overhead Lines within Dedicated ROW Boundaries (IF APPLICABLE) – Portions of existing right of ways (ROW) within project boundaries may be proposed for vacation with the recordation of the final map phase containing the ROW. If this situation applies to this development, then prior to recordation of the final map phases that have existing overhead lines, the developer / property owners shall coordinate the undergrounding, relocation or removal of said lines with appropriate agencies. ROWs with existing overhead lines shall not be vacated without the utilities being first removed, relocated or replaced. 89. Acceptance of Public Roadway Dedication and Improvements – Onsite easements and right-of way for public roadways shall be granted to the City of Menifee through the final map, or other acceptable recordable instrument. Any off- site rights-of-way required for access road(s) shall be accepted to vest title in the name of the public if not already accepted. Any shared access roads necessary for the adequate circulation of the proposed project, shall be dedicated for reciprocal access by acceptable recordable instrument prior to any permit issuance. 90. 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. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 32 of 47 91. Onsite Roadways – The developer has proposed easements for public utility purposes onsite. Prior to approval of any parcel development, the city shall review and approve any internal roadway that may be proposed each parcel. G. WATER, SEWER, AND RECYCLED WATER 92. Meet Minimum Standards - All water, sewer and recycled water improvements shall be designed per the Eastern Municipal Water District (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. 93. Utility Improvement Plans – Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the PW- Engineering Department and EMWD. 94. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to final map recordation. Improvements shall be constructed prior to building permit issuance. H. NPDES AND WQMP 95. All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater / Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 96. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 33 of 47 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. 97. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_imple mentation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way. Prior to Issuance of Grading Permit 98. Preliminary Water Quality Management Plan (WQMP) Plan Check Comments – A Preliminary WQMP, prepared by Albert A. Webb & Associates, dated January, 2019,_was approved by the PW-Engineering Department. However, this Preliminary WQMP only proposes BMPs designed to treat the runoff produced from the public street flows within Haun Rd. Prior to grading permit issuance, each individual parcel is required to submit its own Water Quality Analysis to propose and implement BMPs within that lot, tailored for the parcel in question. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 34 of 47 99. Parcel Specific Final Water Quality Management Plan (Final WQMP): Prior to Issuance of a grading permit for the individual parcels, a FINAL WQMP, either parcel specific or a modification to a master WQMP for the development, 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. Once copy of each the approved Final WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall included at a minimum, the following reports / studies. i. Final Drainage Study ii. Soils Report that includes soil infiltration capacity iii. Phase II Environmental Site Assessment Report, as maybe required by the approved Phase I ESA Final construction plans shall incorporate all of the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 100. Revising The Final WQMP: In the event the Final WQMP requires design revisions that will 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 on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 101. WQMP Right of Entry and Maintenance Agreement: Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s), or enter into an acceptable Right of Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy 102. Implement Project and Parcel Specific WQMPs: All structural BMPs described in the project-specific and parcel-specific WQMPs shall be constructed and operational in conformance with approved plans and specifications. It shall be demonstrated that the developer / property owner is prepared to implement all BMPs described in the 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, or any proposed map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 35 of 47 103. WQMP / BMP Education: Prior to issuance of any Certificate of Occupancy, the developer / property owner shall provide the City proof of notification to future occupants, of all BMPs and educational and training requirements for said BMPs as directed in the approved WQMP. At a minimum, acceptable proof of notification must be in the form of a notarized affidavit. The developer must provide to the PW-Engineering Department a notarized affidavit stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. NPDES Public Educational Program materials may be obtained from the Riverside County Flood Control and Water Conservation District (District) - NPDES Section by accessing the District's website at www.floodcontrol.co.riverside.ca.us. I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT Annexation Prior to Final Map Recordation 104. Annexation to the Citywide Community Facilities District (CFD)– Prior to final map recordation, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of a City of Menifee citywide Community Facilities Maintenance District (Services), as determined by the Public Works Direct/City Engineer. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, 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 the proposed development in the citywide CFD. If the developer / property owner does not record a final map, but instead does a Plot Plan, then the annexation shall be completed prior to the issuance of the Building Permit. 105. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer / property owner from complying with the conditions of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the final map recordation or after the Building Permit Issuance if no final map being processed, but prior to issuance of a Certificate of Occupancy. 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 prior to Building Permit Issuance if no final map is being processed. 106. 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 be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared as one plan for the entire development as determined by the PW Director. When necessary as determined by the PW Director, a separate WQMP Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 36 of 47 construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 107. 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. 108. 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. 109. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained a citywide 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. J. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 110. Fees and Deposits – Prior to approval of any grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees and deposits applicable to this development including TUMF and RBBD fees as applicable. 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. Prior to Issuance of Certificate of Occupancy 111. Zone C of the RBBD. Prior to the issuance of any certificate of occupany, the project proponent shall pay fees in accordance with Zone C of the Menifee Valley Road and Bridge Benefit District. Fees approved for deferral shall be based upon the fee schedule in effect at the time of construction. 112. TUMF Fees. Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. K. Conditions, Covenants & Restrictions (CC&Rs) 113. Common Area Maintenance. Any common areas identified in the Tentative parcel Map, or in future maps developing any parcels within the Tentative parcel Map shall be owned and maintained as follows: Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 37 of 47 a) A permanent master maintenance organization shall be established for the tentative tract map area, to assume maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public (City CFD, or another agency) or private (e.g., homeowners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable instrument, and shall be in a form acceptable to the city. If the organization is a private association, then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. b) Unless otherwise provided for in these conditions of approval, common open areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision, as recorded. c) The maintenance organization shall be established prior to or concurrent with the recordation of the first land division. 114. Conditions, Covenants and Restrictions (Public Common Areas). If the permanent master maintenance organization referenced in the condition entitled "Common Area Maintenance" is a public organization, the applicant shall convey to the public organization (anticipated to be CFD) dedication or necessary easements for all designated publicly maintained open space areas, free and clear of all liens, taxes, assessments, leases (recorded or unrecorded) and easements (except those easements which in the sole discretion of the public organization are acceptable) in order to access and perform needed maintenance. At the time of each Development Construction Phase, as defined in these conditions of approval, the developer/property owner shall submit to the PW Engineering Department for review and approval proposed common areas and responsible maintenance entity. As a condition precedent to the City accepting easements or dedications to such areas, the developer / property owner shall submit the CC&Rs and supporting documents along with the current fee to the Public Works / Engineering Department for review and approval. 115. Conditions, Covenants and Restrictions (Private Common Areas). In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner or homeowner association (POA or HOA) shall be the mechanism to maintain such common areas. 116. CC&R Content, Submittal Process and Timing. Prior to development of any parcel within this 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: Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 38 of 47 a) One hard copy and an electronic version of the CC&R’s. A completed application form to review the CC&Rs, available at the PW Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R’s shall: i. provide for the establishment of a property owner's or home owner’s association comprised of the owners of each individual lot or unit as tenants in common, ii. provide for the ownership of the common area by either the property or home owner's association or a permanent public master maintenance organization, iii. contain provisions approved by the Public Works/ Engineering Department, Community Development Department and the City Attorney iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project’s approved WQMP. v. Contain provisions notifying initial residents, occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the properties owners' association and/or the developer. vi. Contain provisions for allowing the City a Right of Entry to maintain BMPS that are otherwise not maintained by responsible property owners. If a separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs. b) As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c) Once approved, the developer / property owner shall provide a hard copy of the CC&R’s wet-signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R’s prior to or concurrent with the recordation of the final map. d) A deposit to pay for the review of the CC&Rs pursuant to the City’s current fee schedule at the time the above-referenced documents are submitted to the Public Works / Engineering Department. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 39 of 47 Section IV: Fire Department Conditions of Approval Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 40 of 47 General Conditions 1. The Fire Department emergency vehicular access road shall be (all weather surface) capable of sustaining an imposed load of 75,000 lbs. GVW, based on street standards approved by the Public Works Director and the Office of the Fire Marshal. 2. The approved fire access road shall be in place during the time of construction. Temporary fire access roads shall be approved by the Fire Prevention Bureau. (CFC 501.4) 3. A secondary access other than the proposed public street may be required dependent on the proposed use, construction type and occupancy type. To be determined and as required by the City of Menifee Engineering and Traffic divisions in conjunction with the Riverside Fire Department Office of the Fire Marshal. 4. Fire hydrants and fire flow: Provide or show there exist fire hydrant(s) capable of delivering fire flow as required by California Fire Code and Riverside County Fire Department standards within 300 feet of all portions of all structures. 5. Water plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to the Office of the Fire Marshal for review and approval prior to building permit issuance. 6. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 7. Blue Dot Reflectors: Blue retro-reflective pavement markers shall be installed to indicate the location of fire hydrants. 8. Fire Department Access: Fire Department apparatus access shall be provided to within 300 feet of all portions of the proposed buildings. 9. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. If access exceeds the above requirements an approved fire apparatus turnaround is required. Access roads shall be a minimum of 24’ wide. 10. Prior to issuance of Building Permits, the applicant/developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for review. Plans shall: 11. Be signed by a registered civil engineer or a certified fire protection engineer; Contain a Fire Prevention Bureau approval signature block; and Conform to hydrant type, location, spacing of new and existing hydrants and minimum fire flow required as determined by the Fire Prevention Bureau. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 41 of 47 12. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Riverside County Office of the Fire Marshal prior to beginning construction. They shall be maintained accessible. 13. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33) 14. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer. These conditions are preliminary; further review will occur upon receipt of building plans. Additional conditions may be necessary at that time. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 42 of 47 Section V: Riverside County Environmental Health Conditions of Approval Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 43 of 47 General Conditions 1. Potable Water and Sanitary Sewer Service. A “General Condition” shall be placed on the project indicating that the subject property is proposing to receive potable water service and sanitary sewer service from Eastern Municipal Water District (EMWD). It is the responsibility of this facility to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. 2. Environmental Cleanup Programs. As part of the services offered to Contract Cities, the Department of Environmental Health Environmental Cleanup Programs (ECP) conducts environmental reviews on planning projects to ensure that existing site conditions will not negatively affect human health or the environment. The objective of the environmental reviews is: to determine if there are potential sources of environmental and/or human exposures associated with the project, identify the significance of potential adverse effects from the contaminants, and evaluate the adequacy of mitigation measures for minimizing exposures and potential adverse effects from existing contamination and/or hazardous substance handling. For this project, the City of Menifee is taking on the responsibility to review the above aspects of the project. 3. LOCAL ENFORCEMENT AGENCY (LEA). The applicant shall contact the County of Riverside, LEA at (951) 955-8980 for any plan check and/or permitting requirements. Any persons engaged in the business or performance of tattooing, body piercing, branding and the application of permanent cosmetics as defined in Health and Safety Code 119300 et sec. must obtain approval from the Riverside County Department of Environmental Health LEA. Contact the County of Riverside LEA at (951)955-8980 for any plan check and/or permitting requirements. 4. DISTRICT ENVIRONMENTAL SERVICES (DES). Prior to issuance of any Building and Safety permit(s) or operation of any food facility, plans will require review by DES to ensure compliance with applicable California Health and Safety Codes. An annual operating permit for the food facility will be required. Please contact the Hemet DES office at (951)766-2824. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 44 of 47 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) Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 45 of 47 AGREEMENT TO INDEMNIFY AND HOLD HARMLESS This Agreement to Indemnify and Hold Harmless (“Agreement”) is entered into, effective as of June 24, 2020, by and between the CITY OF MENIFEE, a municipal corporation, on the one hand, (“City”), and Jimmie P. Nelson and Laura M. Nelson, as Trustees of the Nelson Family Trust dated April 13, 1995, (“Indemnitor” or “Indemnitors”), on the other. The City and Indemnitor(s) are herein referred to collectively as the “Parties” and individually as a “Party.” RECITALS Whereas, Applicant has applied to the City for various discretionary approvals including a project for the development of the “JPN Subdivision” consisting of a six lot subdivision of 37.06 gross acres (the “Project”) located on the northeast corner of Haun and Holland Roads. (the “Property”); and Whereas, in connection with the consideration of the above-mentioned discretionary approvals, Indemnitor(s) has offered to, and hereby agrees that it will, indemnify and hold the City harmless from any challenges arising from or related to the discretionary approvals, the Property or the Project as more fully set forth in this Agreement. AGREEMENT NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and based upon the foregoing recitals, and the terms, conditions, covenants, and agreements contained herein, the Parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are an integral part of this Agreement, and are fully incorporated herein. 2. Indemnitors’ Indemnification Obligations. Indemnitor(s) shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants (which may include the County of Riverside and its employees, officers, officials, and agents), and agents (herein, collectively, the “Indemnitees”) from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either (i) the City’s approval of the Project or actions related to the Property, including without limitation any judicial or administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approval relating to the Project, any condition of approval imposed by the City on such permit or approval, and any finding or determination made and any other action taken by any of the Indemnitees Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 46 of 47 in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act (“CEQA”), or (ii) the acts, omissions, or operations of the Indemnitor(s) and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Indemnitor(s) with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. The City shall notify the Indemnitor(s) of any claim, lawsuit, or other judicial or administrative proceeding (herein, an “Action”) within the scope of this indemnity obligation and request that the Indemnitor(s) defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor(s) fails to so defend the Action, the City shall have the right but not the obligation to do so with counsel of their own choosing, with no right of approval by Indemnitor(s) and, if they do, the Indemnitor(s) shall promptly pay the City’s full cost thereof, with payments made at least on a monthly basis. Notwithstanding the foregoing, the indemnity obligation under clause (i) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of the City. This Agreement shall survive any final action on the Project, and shall survive and be independent of any Project approvals, even if such Project approvals are invalidated in whole or part. 3. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the City and Indemnitor(s) with respect to the subject matter set forth herein and supersedes any prior discussions, negotiations, and agreements with respect thereto. This Agreement may be amended or modified only by a written agreement executed by both Parties. No waiver of any of the terms of this Agreement shall be effective or binding unless in writing and executed by an authorized representative of the Party waiving its rights hereunder. 4. Successors and Assigns. This Agreement shall be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the Parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as of the date first written above. Conditions of Approval Tentative Parcel Map 2016-185 (TPM 37121) June 24, 2020 Page 47 of 47 Dated: , 2020 “CITY” CITY OF MENIFEE, a California Municipal Corporation By: Its: _____________________________ APPROVED AS TO FORM RUTAN & TUCKER, LLP _________________________________ Attorneys for the City of Menifee Dated: , 2020 Dated: , 2020 “INDEMNITOR” Jimmie P. Nelson, as Trustee of the Nelson Family Trust dated April 13, 1995 By: Print Name:__________________________ Laura M. Nelson as Trustee of the Nelson Family Trust dated April 13, 1995 By: Print Name:__________________________ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC20- was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 24 day of June 2020 by the following vote: Ayes: Noes: Absent: Abstain: _______________________________ Stephanie Roseen, CMC Deputy City Clerk DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 None 515 Karwin, Phillips, Thomas, Diederich, Madrid None None