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RESOLUTION NO. PC 20-___
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING TENTATIVE TRACT NO. 2015-
211 (TENTATIVE TRACT MAP NO. 36911) LOCATED WEST OF
VALLEY BOULEVARD, NORTH AND SOUTH OF CHAMBERS ROAD.
WHEREAS, on August 24, 2015, the applicant, Tracy Marx of Recreational Land
Investments, filed a formal application with the City of Menifee for the approval of
Tentative Tract Map No. 2015-211 for 26.95 gross acres into 68 single-family residential
lots with a minimum lot size of 7,200 square feet, three (3) BMP basins located west of
Valley Boulevard, north and south of Chambers Avenue; and,
WHEREAS, the Project was originally schedule for the July 22, 2020 City of
Menifee Planning Commission meeting, due to technical issues with the on-line web
based meeting portal the Planning Commission meeting was adjourned and the project
was continued to the regularly scheduled August 12, 2020 meeting; and,
WHEREAS, on August 12, 2020, the City of Menifee Planning Commission, held
a Public Hearing on the Project, considered all public testimony as well as materials in
the staff report and accompanying documents for Tentative Tract Map No. 36911
(Planning Application No. 2015-211), 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 300 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 Development Code, General Plan, any applicable
specific plan, and the Menifee Municipal Code. The proposed subdivision
and the design and improvement of the subdivision is consistent with the
zoning designation map, the General Plan objectives, policies and
programs, and applicable development standards:
The proposed project is consistent with the General Plan land use
designation. The General Plan land use designation of the project site is
2.1-5 Residential (2.1-5 Residential). The 2.1-5R General Plan land use
designation is intended for single-family detached and attached
residences with a density range of two (2) to five (5) dwelling units per
acre. The project proposes a 68-lot single-family (detached) residential
subdivision with a density of 2.5 dwelling units per acre. Therefore, the
project is consistent with the 2.1-5R General Plan designation.
The current zoning designation of the project site is Low Density
Residential (LDR-2). The LDR-2 designation is intended for single-family
detached and attached residences with a minimum lot size of seven
thousand and two-hundred (7,200) square feet. All lots will be a minimum
of 7,200 square feet. Therefore, the project is consistent with both the
LDR-2 zoning designation.
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The project is surrounded by properties designated as Low Density
Residential-2 (LDR-2) and Cimarron Ridge Specific Plan to the north,
LDR-2 to the south, Low Medium Density Residential (LMDR) Open
Space-Recreation (OS-R) to the east, and LDR-1 to the west. These
classifications are compatible with the existing General Plan designation
of the subject site. The project site zoning classification is compatible with
surrounding residential uses. The project is consistent with the Zoning
Code and all development standards.
In addition the project is consistent with the following City of Menifee
General Plan Policies:
• LU-1.1 Concentrate growth in strategic locations to help preserve
rural areas, create place and identity, provide infrastructure
efficiently, and foster the use of transit options.
The proposed project is located within an area that is zoned for
residential uses, with existing single-family residential homes to the
east and the approved Cimarron Ridge residential Specific Plan
immediately to the north and west. The project is therefore,
consistent with this policy as it lends to the concentration of growth
in strategic locations helping to preserve rural areas within the City.
• Policy LU-1.5: Support development and land use patterns, where
appropriate, that reduce reliance on the automobile and capitalize on
multimodal transportation opportunities.
Proposed offsite improvements to the tentative tract map include a
multi-use trail along Valley Boulevard, as well as a Class II bicycle
lane along the project frontage thus the project is consistent with this
goal.
• Policy C-1.1 Require roadways to: Comply with federal, state and
local design and safety standards.
The Tentative Tract Map proposes improvements for roadways,
including but not limited to, Valley Boulevard, Chambers Avenue and
Connie Way which are consistent with the City’s General Plan and the
City’s Public Works and Engineering Department Standard Details.
• Policy C-2.2 Provide off-street multipurpose trails and on-street bike
lanes as our primary paths of citywide travel and explore the shared
use of low speed roadways for connectivity wherever it is safe to do
so.
The Tentative Tract Map will provide a multipurpose trail and Class II
Bike Land along Valley Boulevard consistent with this policy,
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• CD-3.17 Encourage the use of creative landscape design to create
visual interest and reduce conflicts between different land uses.
The project includes a large landscape area along its Valley
Boulevard frontage, decorate signage and corner treatments at
project entrances and will install a landscaped median in Valley
Boulevard, creating visual interest in the immediate area.
• CD-6.1 Recognize the importance of street trees in the aesthetic
appeal of residential neighborhoods and require the planting of street
trees throughout the City.
The project will include street trees along all street frontages and will
also install and landscaped median in Valley Boulevard.
• Policy OSC-2.1 Develop recreational trails for hiking biking, and
equestrian use throughout the city, making them, to the extent
feasible, accessible to people of different neighborhoods, ages, and
abilities.
A multi-use community trail is being provided along Valley Boulevard
that will connect to future trails required of the Cimarron Ridge
Specific Plan.
Consistency with Housing Element.
The Project site is identified in the City’s Housing Element as a Housing
Opportunity Site for residential with a density range of 2.1-5 dwelling units
per acre. This density is anticipated to provide housing capable of
supporting moderate and above-moderate income housing. The proposed
project has a density of 2.5 dwelling units per acre and falls within the 2.1-5
density range identified in the Housing Element. The project is therefore
consistent with the Housing Element.
Consistency with Multiple Species Habitat Conservation Plan
(MSHCP)
The City of Menifee has two (2) active conservation plans within the City’s
boundary, the Western Riverside County MSHCP, and the Stephens’
Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is
within the jurisdiction of the SKR-HCP and the Western Riverside County
MSHCP. The project site is located inside the Stephen’s Kangaroo Rat
(Dipodomys stephensi) (SKR) Fee Area. The proposed project is located
within the boundaries of the Western Riverside County Multiple Species
Habitat Conservation Plan; however, the project is not located with a
Criteria Cell or Cell Group. The project will be subject to the payment of
fees for a residential project consistent with Riverside County Ordinance
No. 810.2 as adopted by the City of Menifee. Therefore, the project will not
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conflict with the provisions of the adopted HCP, Natural Conservation
Community Plan, or other approved local, regional, or State conservation
plan and the impact is considered less than significant.
For these reasons, the Project is consistent with the City’s General Plan
Land Use Map and General Plan objectives, policies, and programs.
Section 2: The tentative map does not propose to divide land which is subject to a
contract entered into pursuant to the California Conservation Act of 1965,
or the land is subject to a Land Conservation Act contract but the
resulting parcels following division of the land will be of an adequate size
to sustain their agricultural use:
The proposed project site is not under a contract under the Williamson
Act.
Section 3: The site is physically suitable for the type and proposed density of
development proposed by the tentative map:
The proposed project is for a tentative tract map; the subject site is
relatively flat and does not contain steep slopes, water courses or other
features that would be incompatible with the proposed development. The
site is bounded by residential developments to the east and vacant land
designated and zoned for residential purposes to the north, south, and
west. The surrounding area is also relatively flat. Therefore, the site is
considered physically suitable for the type of development and the
proposed land use of the site.
Section 4: The design of the subdivision and the proposed improvements, with
conditions of approval, are either:
1. Nor likely to cause significant environmental damage or
substantially and avoidable injure fish or wildlife of their
habitat; or
2. Subject to an environmental impact report under which a
finding has been made pursuant to Public Resources Code
Section 21081(a)(3) that specific economic, social, or other
considerations make infeasible mitigation measures or project
alternatives identified in the environmental impact report.
An Initial Study / Mitigated Negative Declaration (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 proposed project would not result in any significant
impacts. A Mitigation Monitoring and Reporting Plan (MMRP) was
prepared and identifies all mitigation measures that will be required for
the project.
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Section 5: The design of the subdivision and the type of improvements are not likely
to cause serious public health problems.
The Project will not result in conditions detrimental to the public health,
safety, or general welfare as designed and conditioned. The project site is
surrounded by vacant and fallow grounds to the north, south and west
with single-family residences to the east.
The Project has been reviewed and conditioned by the City of Menifee
Planning, Engineering, Police, and Fire Departments to ensure that it will
not create conditions materially detrimental to the surrounding uses. In
addition, environmental impacts resulting from the Project have been
analyzed in an Initial Study/ Mitigated Negative Declaration (IS/MND).
The IS/MND determined that potential impacts, would all be less than
significant with the necessary mitigation incorporated. Therefore, the
proposed subdivision 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: The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible.
The project will be designed with passive or natural heating opportunities
such as drought tolerant landscaping on-site, and solar amenities. The
project will be consistent with the development code and the
requirements of California Code of Regulations of Title 24. No plot plan is
yet available for this project.
Section 7: The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through
or use of property within the proposed subdivision, or the design of the
alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
The subdivision makes provisions for all existing and future easements for
all utilities and public use purposes.
Section 8: The subdivision is consistent with the City’s parkland dedication
requirements (per the Quimby Act) as applicable, in accordance with
Chapter 7.75 (Parkland Dedication and fees).
The proposed subdivision will fulfill Quimby obligations though the
payment of fees as determined by the Community Services Department.
Fees are required for consistency with the Quimby Act.
Section 9: The design and location of each lot in the subdivision, and the subdivision
as a whole, are consistent with any applicable regulations adopted by the
State Board of Forestry and Fire Protection pursuant to Sections 4290
and 4291 of the Public Resources Code.
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The southwest portion of the site is located within a State Responsbility
Area (SRA) and in a High Fire Severity Zone. The project has been
conditioned to meet all applicable regulations adopted by the State Board
of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the
Public Resources Code.
Section 10: Structural fire protection and suppression services will be available for the
subdivision through any of the following entities:
(A) A county, city, special district, political subdivision of the state, or
another entity organized solely to provide fire protection services that is
monitored and funded by a county or other public entity.
(B) The Department of Forestry and Fire Protection by contract entered
into pursuant to Section 4133, 4142, or 4144 of the Public Resources
Code.
Fire protection and suppression services will be available for the
subdivision through the Riverside County Fire Department which serves as
the City of Menifee’s Fire Department.
Section 11: Ingress and egress for the subdivision meet the regulations regarding road
standards for fire equipment access adopted pursuant to Section 4290 of
the Public Resources Code and any applicable local ordinance.
Access has been designed in cooperation with the Fire Department
so as to provided adequate access to the project and surrounding
properties to the west thereby meeting Fire Department design
requirements of Section 4290.
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee
hereby approves Tentative Tract Map No. 2015-211 subject to the following:
1. The Findings set out above are true and correct.
2. Tentative Tract Map No. 36911 is hereby approved subject to the
Conditions of Approval set forth in Exhibit “1” to this Resolution; and
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PASSED, APPROVED AND ADOPTED this the 12th day of August, 2020.
_________________________
Randy Madrid, Chairman Attest:
___________________________
Stephanie Roseen, Deputy City Clerk
Approved as to form:
______________________________
Thai Phan, Assistant City Attorney
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EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: Tentative Tract Map No. 2015-211 (TR2015-211) (also
referred to as Tentative Tract Map No. 36911)
Project Description: Tentative Tract Map No. 2015-211 (TR36911) is a tentative
tract map to subdivide 26.95 gross acres into 68 single
family residential lots with a minimum lot size of 7,200
square feet and ten (10) common area lots including
three (3) lots for water quality basins. The site is located
on the west side of Valley Boulevard north and south of
Chambers Avenue (APNs 335-080-56, 335-080-066,
335-080-067 and a portion of 335-070-054).
Assessor's Parcel No.: 335-080-056, 335-080-066 and 335-080-067 and a portion
of 335-070-054
MSHCP Category: Residential Density less than 8.0 Dwelling Units per Acre
DIF Category: Single Family Unit
TUMF Category: Single Family Residential
Quimby Category: Single Family DU
Approval Date: August 12, 2020
Expiration Date: August 12, 2023
Within 48 Hours of the Approval of This Project
1. Filing Notice of Determination (No Further Review Required). 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 (ND) for the Mitigated or Negative Declaration
(MND) required under Public Resources Code Section 21152 and California
Code of Regulations Section 15075. Per Fish and Wildlife Code Section
711.4(c)(3), a project shall not be operative, vested or final and local
government permits for the project shall not be valid until the filling fees
required are paid.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
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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.
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Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Section III: Public Works and Engineering Department
Conditions of Approval
Section IV: Building and Safety Department Conditions
of Approval
Section V: Fire Department Conditions of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
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Section I:
Conditions Applicable to all
Departments
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General Conditions
3. Definitions. The words identified in the following list that appear in all capitals
in the attached conditions of Tentative Tract Map No. 36911 shall be
henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean
the Permittee of this project.
TENTATIVE MAP = Tentative Tract Map No. 36911 dated June 8, 2020.
EXHIBIT L= Conceptual Landscaping Plan dated April 1, 2020.
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
4. Ninety (90) Days to Protest. The land divider has ninety (90) days from the
date of approval of these conditions to protest, in accordance with the
procedures set forth in Government Code Section 66020, the imposition of any
and all fees, dedications, reservations and/or other exactions imposed on this
project as a result of the approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure. In
the future the City of Menifee will identify and put in place various processing
fees to cover the reasonable cost of the services provided. The City also will
identify and fund mitigation measure under CEQA through development
impact fees. The developer understands and agrees to pay such fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed
on public improvements. To the extent that Menifee may develop future
financing districts to cover the costs of maintenance of improvements
constructed by development, Developer agrees to petition for formation of,
annexation to or inclusion in any such financing district and to pay the cost of
such formation, annexation or inclusion.
6. Expiration Date. The conditionally approved TENTATIVE MAP shall expire
three (3) years after the City of Menifee original approval date, unless
extended as provided by the Menifee Municipal Code. Action on a Minor
Change and/or Revised Map request shall not extend the time limits of the
originally approved TENTATIVE MAP.
7. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
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Section II:
Community Development
Department
Conditions of Approval
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General Conditions
8. Map Act Compliance. This land division shall comply with the State of
California Subdivision Map Act and to all requirements of Ordinance No. 460,
unless modified by the conditions listed herein.
9. No Offsite Subdivision Signage. No offsite subdivision signs advertising this
land division/development are permitted, other than those allowed under the
Menifee Municipal Code Section. Violation of this condition of approval may
result in no further permits of any type being issued for this subdivision until
the unpermitted signage is removed
10. Design Guidelines. The land divider shall comply with the City-wide design
guidelines.
11. Phased Construction. If construction is phased, a phasing plan for
construction and landscaping installation shall be approved by the Community
Development Director.
12. Ordinance Requirements. The development of the property shall be in
accordance with the mandatory requirements of all City of Menifee ordinances
and State law, unless otherwise amended or replaced.
13. Riverside County Department of Environmental Health Conditions of
Approval. Conditions of approval for the project from the Riverside County
Department of Environmental Health have been attached to this document and
shall be complied with accordingly.
14. No Off-Highway Vehicle Use. No off-highway vehicles shall be allowed on
any parcel or open space area located within the boundaries of this land
division map.
15. Useable Rear Yard Area. All lots shall provide a minimum level area of 10
feet from the back of the main structure to the closest edge of any rear yard
slope.
16. Perimeter Walls. Perimeter walls shall be located a minimum of three (3) feet
back from retaining walls to allow for the planting of landscaping.
FEES
17. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan
or mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of submittal, as
required by Resolution No. 18-741 (Cost of Services Fee Study), or any
successor thereto. Each submittal shall be accompanied with a letter clearly
indicating which condition or conditions the submittal is intended to comply
with.
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ARCHEOLOGY/PALEONTOLOGY
18. 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.
19. Inadvertent Archeological Find. If during ground disturbance activities,
unique cultural resources are discovered that were not assessed by the
archaeological report(s) and/or environmental assessment conducted prior to
project approval, the following procedures shall be followed. Unique cultural
resources are defined, for this condition only, as being multiple artifacts in
close association with each other, but may include fewer artifacts if the area of
the find is determined to be of significance due to its sacred or cultural
importance as determined in consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
ii. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to the
appropriate mitigation. Work shall be allowed to continue outside of the
buffer area and will be monitored by additional Tribal monitors if needed.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Management Plan and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in-place
preservation of cultural resources located in native soils and/or re-burial on
the Project property so they are not subject to further disturbance in
perpetuity as identified in Non-Disclosure of Reburial Condition.
v. If the find is determined to be significant and avoidance of the site has not
been achieved, a Phase III data recovery plan shall be prepared by the
project archeologist, in consultation with the Tribe, and shall be submitted
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to the City for their review and approval prior to implementation of said
plan.
vi. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural
resources. If the landowner and the Tribe(s) cannot agree on the
significance or the mitigation for the archaeological or cultural resources,
these issues will be presented to the City Community Development Director
for decision. The City Community Development Director shall make the
determination based on the provisions of the California Environmental
Quality Act with respect to archaeological resources, recommendations of
the project archeologist and shall take into account the cultural and
religious principles and practices of the Tribe. Notwithstanding any other
rights available under the law, the decision of the City Community
Development Director shall be appealable to the City Planning Commission
and/or City Council.”
20. Cultural Resources Disposition. In the event that Native American cultural
resources are discovered during the course of grading (inadvertent
discoveries), the following procedures shall be carried out for final disposition
of the discoveries:
a) One or more of the following treatments, in order of preference, shall be
employed with the tribes. Evidence of such shall be provided to the City of
Menifee Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation
in place means avoiding the resources, leaving them in the place where
they were found with no development affecting the integrity of the
resources.
ii. Reburial of the resources on the Project property. The measures for
reburial shall include, at least, the following: Measures and provisions
to protect the future reburial area from any future impacts in perpetuity.
Reburial shall not occur until all legally required cataloging and basic
recordation have been completed, with an exception that sacred items,
burial goods and Native American human remains are excluded. Any
reburial process shall be culturally appropriate. Listing of contents and
location of the reburial shall be included in the confidential Phase IV
report. The Phase IV Report shall be filed with the City under a
confidential cover and not subject to Public Records Request.
iii. If preservation in place or reburial is not feasible then the resources
shall be curated in a culturally appropriate manner at a Riverside
County curation facility that meets State Resources Department Office
of Historic Preservation Guidelines for the Curation of Archaeological
Resources ensuring access and use pursuant to the Guidelines. The
collection and associated records shall be transferred, including title,
and are to be accompanied by payment of the fees necessary for
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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.
21. 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).
22. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to
other areas of the site.
2) The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
4) Paleontological monitoring of earthmoving activities will continue
thereafter on an as-needed basis by the paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed
strata will be buried but not otherwise disturbed will not be monitored.
The supervising paleontologist will have the authority to reduce
monitoring once he/she determines the probability of encountering any
additional fossils has dropped below an acceptable level.
5) If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossil site and the paleontologist called to the site immediately to
recover the remains.
6) Any recovered fossil remains will be prepared to the point of
identification and identified to the lowest taxonomic level possible by
knowledgeable paleontologists. The remains then will be curated
(assigned and labeled with museum* repository fossil specimen
numbers and corresponding fossil site numbers, as appropriate; places
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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
23. Landscape Plans. All landscaping plans shall be prepared in accordance
with the City’s Water Efficient Landscape Ordinance and City of Menifee
Municipal Code. Such plans shall be reviewed and approved by the
Community Development Department, and the appropriate maintenance
authority.
24. Landscaping. All plant materials within landscaped common areas shall be
maintained in a viable growth condition throughout the life of this permit. To
ensure that this occurs, the Community Development Department shall require
inspections in accordance with the Community Development Department’s
landscaping installed and inspected conditions.
25. 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).
26. Front and Side Yard Landscaping Maintenance Responsibility. The
owners of each individual lot shall be responsible for maintaining all
landscaping between the curb of the street and the proposed sidewalk and
side yard landscaping between the curb of the street and proposed fencing,
unless the landscaping is included within a separate common lot maintained
by an HOA or other entity acceptable to the City of Menifee.
27. Landscape Maintenance. The land divider, or any successor-in-interest to the
land divider, shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems within the land division until such time
as those operations are the responsibility of a property owner’s association, or
any other successor-in-interest.
Prior to Phasing
28. Preliminary Phase Grading. Prior to the approval of an application for a
division into units or phasing plan for the TENTATIVE MAP, a conceptual
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grading plan covering the entire TENTATIVE MAP shall be submitted to the
City of Menifee Community Development Department for review and approval.
The preliminary grading plan shall comply with the following:
1. Techniques which will be used to prevent erosion and sedimentation during
and after grading process shall be depicted and documented.
2. Approximate time frames for grading and areas which may be graded
during the higher probability rain months of January through March shall
be identified.
3. Preliminary pad and roadway elevations shall be depicted.
4. Areas where temporary grading occurs on any phase other than the one
being graded for development at a particular time shall be identified.
The approved preliminary grading plan shall be provided to the Public Works
and Engineering Department and shall be used as a guideline for subsequent
detailed grading plans for individual units or phases of the TENTATIVE MAP.
29. Lot Access/Unit Plans. Any division into units or phasing of the TENTATIVE
MAP shall provide for adequate vehicular access to all lots in each unit or
phase, and shall substantially conform to the intent and purpose of the land
division approval. No approval for any number of units or phases is given by
this TENTATIVE MAP and its conditions of approval, except as provided by
Section 8.3 (Division into Units) of Ordinance No. 460.
Prior to Final Map
30. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director demonstrating compliance with
those conditions of approval and mitigation measures of this tract map which
must be satisfied prior to final map for review and approval. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
31. Final Map Required. After the approval of the TENTATIVE MAP and prior to
the expiration of said map, the land divider shall cause the real property
included within the TENTATIVE MAP, or any part thereof, to be surveyed and
a FINAL MAP thereof prepared in accordance with the current Engineering
Department - Survey Division requirements, the conditionally approved
TENTATIVE MAP, and in accordance with the Menifee Municipal Code.
32. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
33. Surveyor Checklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
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A. All lots on the FINAL MAP shall have a minimum lot size of 7,200 sq. ft.
B. All lot sizes and dimensions on the FINAL MAP shall be in conformance
with the development standards of the corresponding zoning classification.
C. All lots on the FINAL MAP shall comply with the length to width ratios, as
established by the Menifee Municipal Code.
D. All knuckle or cul-de-sac lots shall have a minimum of 35 feet of frontage
measured at the front lot line.
E. All existing and proposed easements shall be identified on the FINAL MAP.
34. ECS. The land divider shall prepare an Environmental Constraints Sheet
(ECS) in accordance with the Menifee Municipal Code, which shall be
submitted as part of the plan check review of the FINAL MAP. A note shall be
placed on the FINAL MAP “Environmental Constraint Sheet affecting this map
is on file at the City of Menifee Public Works and Engineering Department, in
E.C.S Book ___, Page ___.
35. ECS Note on Dark Sky Lighting. The following Environmental Constraints
Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee
Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to
reduce the effects of night lighting on the Mount Palomar Observatory. All
proposed outdoor lighting systems shall be in conformance with Menifee
Municipal Code Chapter 6.”
36. ECS Note on MMRP. The following Environmental Constraints Note shall be
placed on the ECS
“This property is subject to the Mitigation Monitoring and Reporting Plan
adopted as part of the Mitigated Negative Declaration for the Project on file
with the Community Development Department.”
37. Maintenance Exhibit. Prior to map recordation, the developer shall prepare
an exhibit that shows all open space lots within the tract and the maintenance
entity for each lot. The exhibit shall be reviewed and approved by the
Community Development Department and Public Works and Engineering
Department.
FEES
38. Fees. Prior to recordation, the Community Development Department shall
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determine if the deposit based fees for the TENTATIVE MAP or any related
cases are in a negative balance. If so, any unpaid fees shall be paid by the
developer/owner and/or the developer/owner's successor-in-interest.
Prior to Issuance of Grading Permits
39. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director demonstrating compliance with
those conditions of approval and mitigation measures of this tract map which
must be satisfied prior to the issuance of a grading permit for review and
approval. The Community Development Director may require inspection or
other monitoring to ensure such compliance.
40. Grading Plan Review. The Community Development Department shall
review the grading plan for consistency with the approved tentative map and
the conditions of approval for the tentative map.
41. Construction Equipment. During site preparation and grading activity, all
construction equipment greater than 150 horsepower shall be CARB certified
tier 3 or higher.
42. Construction Hours. The project shall limit construction activities to daytime
hours, Monday through Saturday, between 6:30 AM and 6:00 PM, June
through September and 7:00 AM to 6:00 PM, October through May. No
construction activity shall occur on Sundays or nationally recognized holidays.
43. Short-Term Construction Noise Impacts. Prior to Grading Permit issuance,
the project applicant shall demonstrate, to the satisfaction of the City of
Menifee City Engineer that the project plan specifications comply with the
following:
1. During all project site excavation and grading on‐site, construction
contractors shall equip all construction equipment, fixed or mobile, with
properly operating and maintained mufflers, consistent with manufacturer
standards.
2. The contractor shall place all stationary construction equipment so that
emitted noise is directed away from the noise-sensitive receptors nearest
the project site.
3. Equipment shall be shut off and not left to idle when not in use.
4. The contractor shall locate equipment staging in areas that would create
the greatest distance between construction‐related noise sources and
sensitive receptors nearest the project site during all project construction as
is feasible.
5. The project proponent shall mandate that the construction contractor
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prohibit the use of music or sound amplification on the project site during
construction.
6. The construction contractor shall limit haul truck deliveries to the same
hours specified for construction equipment.
7. During construction, the contractor shall ensure all construction equipment
is equipped with appropriate noise attenuating devices and equipment shall
be maintained so that vehicles and their loads are secured from rattling and
banging. Idling equipment shall be turned off when not in use.
44. Construction Monitoring. A noise monitoring program shall be implemented
during construction. The monitoring program will alert construction
management personnel when noise levels approach the upper limits of the
residential noise threshold (80 dBA) at the surrounding residential property
line. Construction activity will cease prior to noise levels exceeding the
residential threshold.
45. Sound Walls and Windows. A Minimum 6-foot high sound walls are required
around all habitable exterior backyard and sideyard areas for lots 36 to 68 are
required.
46. Stephens’ Kangaroo Rat (SKR) Fees. PRIOR TO THE ISSUANCE OF
GRADING PERMITS, the applicant shall comply with the provisions of
Riverside County Ordinance No. 663, which generally requires the payment of
the appropriate fee set forth in that ordinance. The amount of the fee required
to be paid may vary depending upon a variety of factors, including the type of
development application submitted and the applicability of any fee reduction or
exemption provisions contained in Riverside County Ordinance No. 663. Said
fee shall be calculated on the approved development project which is
anticipated to be 26.95 acres (gross) in accordance with Tentative Tract Map
No. 36911. If the development is subsequently revised, this acreage amount
may be modified in order to reflect the revised development project acreage
amount. In the event Riverside County Ordinance No. 663 is rescinded, this
condition will no longer be applicable. However, should Riverside County
Ordinance No. 663 be rescinded and superseded by a subsequent mitigation
fee ordinance, payment of the appropriate fee set forth in that ordinance shall
be required.
47. Fees. Prior to issuance of grading permits, the Community Development
Department shall determine if the deposit based fees are in a negative
balance. If so, any outstanding fees shall be paid by the applicant/developer.
48. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
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a. Use watering to control dust generation during demolition of structures
or break-up of pavement. The construction area and vicinity (500-foot
radius) must be swept (preferably with water weepers) and watered at
least twice daily. Site wetting must occur often enough to maintain a
ten (10) percent surface soil moisture content throughout all earth
moving activities. All unpaved demolition and construction areas shall
be wetted at least twice daily during excavation and construction, and
temporary dust covers shall be used to reduce dust emissions and meet
SCAQMD District Rule 403. Wetting could reduce fugitive dust by as
much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least
three (3) times daily;
c. All paved roads, parking and staging areas must be watered at least
once every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either
be covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis
when there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed twenty-five (25) mph;
l. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period
or more, so as to prevent excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
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o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per
hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from
the site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first
and second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a
telephone number to call and receive information about the construction
project or to report complaints regarding excessive fugitive dust
generation. Any reasonable complaints shall be rectified within twenty-
four (24) hours of their receipt.
BIOLOGICAL RESOURCES
49. Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species
Account for the Burrowing Owl included in the Western Riverside County
Multiple Species Habitat Conservation Plan, within 30 days prior to the
issuance of a grading permit, a pre-construction presence/absence survey for
the burrowing owl shall be conducted by a qualified biologist and the results of
this presence/absence survey shall be provided in writing to the City of
Menifee Community Development Department. As long as there are fewer
than 3 pairs of burrowing owls on or adjacent to the Site, passive or active
relocation of the burrowing owls will occur prior to ground-disturbing activities
onsite and follow standard protocols. If 3 or more pairs of burrowing owls are
detected on or adjacent to the Site, the City and County will be contacted
immediately to discuss appropriate actions. If construction must occur during
the avian breeding season, pre-construction surveys shall be performed by a
qualified biologist within 10 calendar days prior to the start of work to
determine the presence or absence of nesting birds within 300 feet (500 feet
for special-status species and raptors) of the impact area. If nesting birds are
detected, the City, County, and Wildlife Agencies shall be contacted to discuss
the potential impact minimization measures to be implemented. If construction
and/or disturbance of the site is suspended for a period of days (30) days or
more, a new survey shall be required.
If the 30-day pre-construction burrowing owl survey finds burrowing owls on
the site, the project biologist shall notify CDFW and USFWS within two
business days of discovering the occupied burrows, and shall subsequently
prepare a Burrowing Owl Protection and Relocation Plan for review and
approval by the California Department of Fish and Wildlife (CDFW), U.S. Fish
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and Wildlife Service (USFWS), and the Regional Conservation Authority
(RCA) prior to initiating any ground-disturbing activities (including disking and
mowing, among others).
50. Raptors and Nesting Bird Protection. To avoid impacting nesting birds, one
of the following must be implemented:
Conduct grading activities from July 1 through January 31st, when raptors are
not likely to be nesting on the site; OR
Seven days prior to the onset of construction activities during the raptor
nesting season (February 1 to June 30), a qualified biologist shall survey
within 500 feet of the project impact area for the presence of any active raptor
nests (common or special status). Any nest found during survey efforts shall
be mapped on the construction plans. If no active nests are found, no further
mitigation would be required. Results of the surveys shall be provided to the
CDFW. If nesting activity is present at any raptor nest site, the active site shall
be protected until nesting activity has ended to ensure compliance with
Section 3503.5 of the California Fish and Game Code. To protect any nest
site, the following restrictions to construction activities are required until nests
are no longer active as determined by a qualified biologist: (1) clearing limits
shall be established within a 500-foot buffer around any occupied nest, unless
otherwise determined by a qualified biologist, and (2) access and surveying
shall be restricted within 300 feet of any occupied nest, unless otherwise
determined by a qualified biologist. Any encroachment into the buffer area
around the known nest shall only be allowed if the biologist determines that
the proposed activity will not disturb the nest occupants. Construction can
proceed when the qualified biologist has determined that fledglings have left
the nest. If an active nest is observed during the non-nesting season, the nest
site shall be monitored by a qualified biologist, and when the raptor is away
from the nest, the biologist will flush any raptor to open space areas. A
qualified biologist, or construction personnel under the direction of the
qualified biologist, shall then remove the nest site so raptors cannot return to a
nest.
If construction is to occur during the MBTA nesting cycle (February 15-
September 15) than a nesting bird survey should be conducted by a qualified
biologist. Disturbance that causes nest abandonment and/or loss of
reproductive effort (e.g., killing or abandonment of eggs or young) may be
considered take and is potentially punishable by fines or imprisonment. Active
bird nests should be mapped utilizing a hand-held global positioning system
(GPS) and a 300’ buffer will be flagged around the nest (500’ buffer for raptor
nests). Construction should not be permitted within the buffer areas while the
nest continues to be active (eggs, chicks, etc.).
51. Environmental Permits. In order to prevent unauthorized impacts to
jurisdictional features or riparian/riverine areas, the following permits shall be
issued and/or reports approved (or exemptions issued) by the respective
resource agency, and any associated conditions of approval shall be agreed
upon, prior to the initiation of any ground disturbing activities associated with
the proposed development:
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a) Clean Water Act Section 404 Permit from the Army Corps of
Engineers;
b) Streambed Alteration Agreement of the Fish and Game Code from
the CDFG;
c) Clean Water Act Section 401 Water Quality Certification from the
Regional Water Quality Control Board (RWQB);
52. In Lieu Payment. The applicant shall pay a one-time fee for 2.19 acres for
riparian and riverine habitats in-lieu fee program off-site reestablishment
through Riverpark Mitigation Bank, or any other approved in-lieu fee program
at time of rough grading permit issuance will be acquired for mitigation of the
impacts at a minimum ratio of 2:1 or greater if required by another agency. If
reestablishment credits are not available then 3.0 acres for riparian and
riverine habitats in-lieu fee program off-site enhancement credits through
Riverpark Mitigation Bank, or any other approved in-lieu fee program at time of
rough grading permit issuance will be acquired for mitigation of the impacts if
required by another agency. Notification to California Department of Fish and
Wildlife, California Regional Water Quality Control Board, and U.S. Army
Corps of Engineers is required regarding which type of in-lieu fee credits
(reestablishment or enhancement) are being utilized. Mitigation for the impacts
will be at a minimum 3:1 ratio for riverine or whatever is required1 by California
Department of Fish and Wildlife, California Regional Water Quality Control
Board, and U.S. Army Corps of Engineers.
Should sufficient in-lieu fee credits not be available for purchase at the time
the project is implemented, or should other agencies not approve in-lieu fee
credit purchase, then the Developer must prepare and submit for review and
approval a Habitat Mitigation and Monitoring Plan (HMMP) for a site-specific
restoration project at a minimum 3:1 mitigation to impact ratio. The plan must
meet County of Riverside requirements, as well as requirements of other
resource and wildlife agencies. Appropriate guarantees for the restoration
project must be in place (e.g., letter of credit, bond, etc.) prior to issuance of a
grading permit.
The Restoration Plan and Habitat Mitigation and Monitoring Program (HMMP)
will be reviewed and approved by the Regional Conservation Authority (RCA)
and Wildlife Agencies prior to project implementation (any vegetation removal,
staging equipment on site, ground disturbance, etc.).
53. Landscaping. Project-related landscaping shall not include exotic plan
species that may be invasive to native habitats. Invasive exotic plant species
not to be used include those listed on the California Invasive Plant Council’s
Invasive Plant Inventory and Table 6-2: Plants that should be avoided adjacent
to the MSHCP Conservation Area,” found in Section 6.1.4 of the MSHCP.
54. Best Management Practices. Best Management Practices and the SWPPP
shall specifically include mandatory measures to prevent any movement of
water, soils, or any material from the site into offsite areas.
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ARCHEOLOGY
55. Archeologist Retained. Prior to issuance of a grading permit the project
applicant shall retain a Riverside County qualified archaeologist to monitor all
ground disturbing activities in an effort to identify any unknown archaeological
resources.
The Project archaeologist and Tribal Monitor(s) shall manage and oversee
monitoring for all initial ground disturbing activities and excavation of each
portion of the Project site including clearing, grubbing, tree removals, mass or
rough grading, trenching, stockpiling of materials, rock crushing, structure
demolition, etc. The Project archaeologist and Tribal Monitor(s) shall have the
authority to temporarily divert, redirect or halt the ground disturbance activities
to allow identification, evaluation, and potential recovery of cultural resources
in coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract
to the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
In addition, the Project Archaeologist, in consultation with the Consulting
Tribe(s), the contractor, and the City, shall develop a Cultural Resources
Management Plan (CRMP) in consultation pursuant to the definition in AB52
to address the details, timing and responsibility of all archaeological and
cultural activities that will occur on the project site. A consulting tribe is
defined as a tribe that initiated the AB 52 tribal consultation process for the
Project, has not opted out of the AB52 consultation process, and has
completed AB 52 consultation with the City as provided for in Cal Pub Res
Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) shall attend the
pre-grading meeting with the City, the construction manager and any
contractors and will conduct a mandatory Cultural Resources Worker
Sensitivity Training to those in attendance. The Training will include a
brief review of the cultural sensitivity of the Project and the surrounding
area; what resources could potentially be identified during earthmoving
activities; the requirements of the monitoring program; the protocols that
apply in the event inadvertent discoveries of cultural resources are
identified, including who to contact and appropriate avoidance
measures until the find(s) can be properly evaluated; and any other
appropriate protocols. All new construction personnel that will conduct
earthwork or grading activities that begin work on the Project following
the initial Training must take the Cultural Sensitivity Training prior to
beginning work and the Project archaeologist and Consulting Tribe(s)
shall make themselves available to provide the training on an as-
needed basis;
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c. The protocols and stipulations that the contractor, City, Consulting
Tribe(s) and Project archaeologist will follow in the event of inadvertent
cultural resources discoveries, including any newly discovered cultural
resource deposits that shall be subject to a cultural resources
evaluation.
56. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno
Indians. Prior to issuance of a grading permit, the developer shall submit a
copy of a signed contract between the above-mentioned Tribe and the land
divider/permit holder for the monitoring of the project to the Community
Development Department and to the Engineering Department. The Tribal
Monitor(s) shall have the authority to temporarily divert, redirect or halt the
ground-disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist.
57. Native American Monitoring (Soboba). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder
shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno
Indians. Prior to issuance of a grading permit, the developer shall submit a
copy of a signed contract between the above-mentioned Tribe and the land
divider/permit holder for the monitoring of the project to the Community
Development Department and to the Engineering Department. The Native
American Monitor(s) shall have the authority to temporarily divert, redirect or
halt the ground-disturbance activities to allow recovery of cultural resources, in
coordination with the Project Archaeologist.
58. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
The permittee shall retain a qualified paleontologist approved by the City of
Menifee to create and implement a project-specific plan for monitoring site
grading/earthmoving activities which exceeds 5 feet in depth in native
sedimentary.
The project paleontologist retained shall review the approved development plan
and shall conduct any pre-construction work necessary to render appropriate
monitoring and mitigation requirements as appropriate. These requirements
shall be documented by the project paleontologist in a Paleontological
Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted
to the Community Development Department for review and approval prior to
issuance of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to
other industry standard and Society of Vertebrate Paleontology standards, are
as follows:
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A. The project paleontologist shall participate in a pre-construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on an
as-needed basis by the project paleontologist during all earthmoving activities
that may expose sensitive strata. Earthmoving activities in areas of the project
area where previously undisturbed strata will be buried but not otherwise
disturbed will not be monitored. The project paleontologist or his/her assign will
have the authority to reduce monitoring once he/she determines the probability
of encountering fossils has dropped below an acceptable level.
C. If the project paleontologist finds fossil remains, earthmoving activities will
be diverted temporarily around the fossil site until the remains have been
evaluated and recovered. Earthmoving will be allowed to proceed through the
site when the project paleontologist determines the fossils have been
recovered and/or the site mitigated to the extent necessary.
D. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not onsite, these activities will be diverted around the fossil
site and the project paleontologist called to the site immediately to recover the
remains.
E. If fossil remains are encountered, fossiliferous rock will be recovered from
the fossil site and processed to allow for the recovery of smaller fossil remains.
Test samples may be recovered from other sampling sites in the rock unit if
appropriate.
F. Any recovered fossil remains will be prepared to the point of identification
and identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials with
completed specimen data cards) and catalogued, an associated specimen data
and corresponding geologic and geographic site data will be archived
(specimen and site numbers and corresponding data entered into appropriate
museum repository catalogs and computerized data bases) at the museum
repository by a laboratory technician. The remains will then be accessioned
into the museum* repository fossil collection, where they will be permanently
stored, maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators.
* The City of Menifee must be consulted on the repository/museum to receive
the fossil material prior to being curated.
G. A qualified paleontologist shall prepare a report of findings made during all
site grading activity with an appended itemized list of fossil specimens
recovered during grading (if any). This report shall be submitted to the
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Community Development Department for review and approval prior to building
final inspection as described elsewhere in these conditions.
All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (e.g. Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet-signed original copies of
the report shall be submitted directly to the Community Development
Department along with a copy of this condition, deposit-based fee and the
grading plan for appropriate case processing and tracking.
Prior to Issuance of Building Permit
59. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director demonstrating compliance with
those conditions of approval and mitigation measures of this tract map which
must be satisfied prior to the issuance of a Building Permit. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
60. Conform Final Site Plan. The building plans shall be consistent with the
approved elevations of the final site of development plans. The building plans
shall be reviewed for consistency with the final site of development plans prior
to Building Permit issuance.
61. Building Plans Required. The developer shall cause building plans to be
submitted to the Building and Safety Department for review and approval by
the Department of Building and Safety - Plan Check Division. Said plans shall
be in conformance with the approved DESIGN GUIDELINES.
1. Plans shall be designed to the provisions of the 2019 (or current)
edition of the California Building, Mechanical, Electrical and Plumbing,
Energy and Green Codes.
2. Five (5) sets of plan drawings shall be submitted along with three (3)
copies of structural and Title 24 Energy documentation.
3. Two (2) sets of precise grading plans shall be submitted at time of
building plan review submittal. Showing all disabled access paths of
travel, cross and directional slope percentages, site accessibility
features and details.
4. All exterior lighting shall comply with Menifee Municipal Code Chapter
6.01, “Dark Sky Ordinance”.
62. Roof Mounted Equipment. Roof-mounted mechanical equipment shall not
be permitted within the subdivision, however, solar equipment or any other
energy-saving devices shall be permitted with Community Development
Department approval.
63. Utilities Underground. All utility extensions within a lot shall be placed
underground.
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64. Building Separation. Building separation between all buildings shall not be
less than ten (10) feet. Additional encroachments are only allowed as
permitted by the Menifee Municipal Code.
65. Parking. Parking spaces are required in accordance with the Menifee
Municipal Code. All parking areas and driveways shall be surfaced to current
standards as approved by the City of Menifee Engineering Department.
MINOR PLANS REQUIRED
66. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to the Menifee Municipal
Code (Plot Plans not subject to the California Environmental Quality Act),
along with the current fee.
Subdivision development shall conform to the approved tract map and shall
conform to the Citywide Design Guidelines.
The plot plan shall be approved by the Community Development Director prior
to approval of the building plans and prior to issuance of Building Permits for
lots included within that plot plan.
The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building
footprints, setbacks, mechanical equipment (and methods for screening)
and model assignments on individual lots.
2) Each model floor plan and elevations (all sides).
3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample
board and colored elevations shall be submitted for permanent filing and
agency distribution after the Community Development Department has
reviewed and approved the sample board and colored elevations in
accordance with the approved Design Manual and other applicable
standards. All writing must be legible. Three (3) matrix sheets showing
structure colors and texture schemes shall be submitted.
4) The number of floor plans for each area shall be in accordance with the
Design Guidelines. For development projects that are to be constructed in
phases, a phasing plan shall be submitted to assure that the requirements
for the number of floor plans is being met.
5) The colors and materials on adjacent residential structures should be varied
to establish a separate identity for the dwellings. A variety of colors and
textures of building materials is encouraged, while maintaining overall
design continuity in the neighborhood. Color sample boards shall be
submitted as a part of the application and review process.
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6) All new residences with garages shall be provided with roll-up (i.e. on
tracks) garage doors (either sectional wood or steel). At least twenty-five
percent (25%) of the garage doors in any project should have windows.
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by this subdivision's conditions of approval. However, this
FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared
individually.
67. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a
Landscaping and Irrigation Plan to the Community Development Department for
review and approval. Said plan shall be submitted to the Department in the form
of a plot plan application pursuant to the Menifee Municipal Code, along with the
current fee. The plan shall be in compliance with the Conceptual Landscaping
Plan, the Menifee Municipal Code and the TENTATIVE MAP conditions of
approval.
The plan shall address all areas and conditions of the project requiring
landscaping and irrigation to be installed including, but not limited to, front yard
landscaping, slope planting, common area and/or basin landscaping within Open
Space Lots and any CFD-maintained landscaping. Emphasis shall be placed on
using plant species that are drought tolerant and low water using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all landscaped
areas requiring irrigation.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Community Development Department. Utilities shall be placed
underground.
3) Any required landscape screening shall be designed to be opaque up to a
minimum height of four (4) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to provide
visual screening or a transition into the primary use area of the site.
Landscape elements shall include earth berming, ground cover, shrubs,
and specimen trees in conjunction with meandering sidewalks, benches,
and other pedestrian amenities where appropriate as approved by the
Community Development Department.
5) Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
6) Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
7) Turf shall be eliminated in areas unless provided for active uses.
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8) All basins for drainage and/or water quality shall be screened from view
with landscaping.
9) All trees shall be minimum double-staked. Weaker and/or slow-growing
trees shall be steel-staked.
10) Plants with similar water requirements shall be grouped together in order to
reduce excessive irrigation runoff and promote surface filtration, where
possible.
Note on Conceptual Plans. The conceptual landscaping plans show general
locations for shrubs, groundcover and trees, but does not specify the size and
each specific type of plant for all locations. Therefore, the Planning Division may
require the addition of plants, change the space of plants, change the type of
plants, or change the size of plants on the working drawing.
The landscaping and irrigation plans for open space lots shall be consistent with
Approved Exhibit L.
NOTES: The Landscape plot plan may include the requirements of any other
minor plot plan required by the subdivision conditions of approval. However,
minor plot plan conditions of approval shall be cleared individually.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineering and Public Works Department ONLY.
Landscaping plans for areas proposed to be maintained by the City Community
Facilities District shall be submitted to the Engineering and Public Works
Department.
Project-related landscaping shall not include exotic plan species that may be
invasive to native habitats. Invasive exotic plant species not to be used include
those listed on the California Invasive Plant Council’s Invasive Plant Inventory
and Table 6-2: Plants that should be avoided adjacent to the MSHCP
Conservation Area,” found in Section 6.1.4 of the MSHCP.
Note: This condition implements Mitigation Measure BIO-3 of the Initial
Study/Mitigated Negative Declaration.
WQMP Treatment Devices. All WQMP treatment devices including design
details shall be shown on the construction landscape plans. If revisions are
made to the WQMP design that result in any changes to the conceptual
landscape plans after entitlement, the revisions will be shown on the construction
landscape plans, subject to the approval of the Community Development
Director.
68. Entry Monument Plans. Building plans for an entry monument shall be
consistent with approved Exhibit L.
If any changes are proposed, the land divider/permit holder shall file five (5)
sets of an Entry Monument plot plan to the Community Development Department
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for review and approval. Said plan shall be submitted to the Department in the
form of a plot plan application pursuant to the Menifee Municipal Code, along
with the current fee. The plan shall be in compliance with the TENTATIVE MAP
conditions of approval.
The plot plan shall contain the following elements:
1. Main entry monuments shall be placed at the following locations:
a. Intersection Valley Boulevard and Connie Way; and
b. Intersection of Valley Boulevard and Chambers Avenue.
2. A color photo simulation of a frontal view of all/the entry monument(s) and
gate(s) with landscaping.
3. A plot plan of the entry monuments) and/or gate(s) with landscaping drawn to
an engineer's scale. If lighting is planned, the location of lights, their intended
direction, and proposed power shall be indicated.
4. An irrigation plan for the entry monument(s) and/or gate(s).
NOTE: The requirements of this plot plan may be incorporated with any minor
plot plan required by the conditions of approval for this subdivision. However,
this ENTRY MONUMENT condition of approval shall be cleared individually.
The monument plan shall be approved prior to issuance of Building Permits. If
monuments do not accommodate design requirements of the County-wide
Design Guidelines or meet line of sight requirements, Lot Line Adjustment or a
Minor Change to the TENTATIVE MAP may be necessary.
69. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to the Menifee Municipal
Code, along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers, tract
number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location.
5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample
board and colored elevations shall be submitted for permanent filing and
agency distribution after the Community Development Department has
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reviewed and approved the sample board and colored elevations. All writing
must be legible. Three (3) matrix sheets showing structure colors and
texture schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See the
Community Development Department Model Home Complex application for
detailed requirements.
The requirements of this plot plan may be incorporated with any minor plot
plan required by the subdivision's conditions of approval. However, this
MODEL HOME COMPLEX condition of approval shall be cleared individually.
The applicant will be required to enter into a model home complex agreement
with the City of Menifee. The agreement stipulates terms for removal of the
complex.
The model home complex plan shall be approved prior to issuance of a
Building Permit.
70. Wall and Fence Plan. The land divider/permit holder shall file five (5) sets of
a Wall/Fencing Plan to the Community Development Department for review
and approval. Said plan shall be submitted to the Department in the form of a
plot plan application pursuant to the Menifee Municipal Code along with the
current fee. The plan shall be in compliance with approved Exhibit L, and the
TENTATIVE MAP conditions of approval.
A. A typical frontal view of all fences shall be shown on the fencing plan.
B. All utility service areas and enclosures shall be screened from view with
landscaping or decorative barriers or baffle treatments, as approved by the
Community Development Department.
C. Front yard return walls shall be constructed of masonry slump stone or
material of similar appearance, maintenance, and structural durability) and
shall be a minimum of five feet in height.
D. Side yard gates are required on one side of the home and shall be
constructed of vinyl. Chain-link fencing is not permitted. All construction
must be of good quality and sufficient durability with an approved stain
and/or sealant to minimize water staining. (Applicants shall provide
specifications that shall be approved by the Community Development
Department).
E. All lots having rear and/or side yards facing local streets or otherwise open
to public view shall have fences or walls constructed of decorative block.
F. Corner lots shall be constructed with wrap-around decorative block wall
returns.
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G. Wrought iron or tubular steel fence sections may be included within tracts
where view opportunities and/or terrain warrant its use. Where privacy of
views is not an issue, tubular steel or wrought iron sections should be
constructed in perimeter walls in order to take advantage of casual view
opportunities.
H. The plan shall show the location of all retaining walls. Retaining walls shall
be constructed with decorative block and a masonry cap as shown in the
conceptual wall plans.
LANDSCAPING
71. Front Yard Landscaping. All front yards shall be provided with landscaping
and automatic irrigation as defined by the Menifee Municipal Code and the
Riverside County Guide to California Friendly Landscaping. The front yard
landscaping must be installed prior to final occupancy release.
72. 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).
73. Performance Securities. Performance securities, in amounts to be
determined by the Community Development Director to guarantee the
installation of plantings, irrigation system, walls and/or fences, in accordance
with the approved plans for open space lots (does not include front yard
landscaping), shall be filed with the Community Development Department.
Securities may require review by the City Attorney and other staff. Permit
holder is encouraged to allow adequate time to ensure that securities are in
place. The performance security may be released one year after structural
final, inspection report, and the Six Month and One-Year Post Establishment
report confirms that the planting and irrigation components have been
adequately installed and maintained. A cash security shall be required when
the estimated cost is $2,500.00 or less. Security deposits are only required for
common area landscaped areas.
74. Landscape Inspection Deposit. Prior to issuance of Building Permits, the
permit holder shall open a Landscape Deposit Based Fee case and deposit
the prevailing deposit amount to cover the pre-installation inspections,
installation inspections, Six Month Post Establishment and One Year Post
Establishment Landscape Inspections. The amount of hours for the
Inspections will be determined by the Community Development Department's
Landscape personnel prior to approval of the requisite Minor Plot Plan for
Planting and Irrigation.
FEES
75. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit based fees for project are in a
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negative balance. If so, any outstanding fees shall be paid by the permittee.
76. Romoland School District. Impacts to the Romoland School District shall be
mitigated in accordance with California State law.
77. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
78. Quimby Fees. Payment of in-lieu fees. The proposed subdivision will fulfill
Quimby obligations through the payment of in-lieu fees. Prior to the issuance
of a building permit, the City Manager or his/her designee shall determine the
amount of Quimby Fees to be paid by the subdivider. Quimby fees shall be
paid directly to the city prior to the issuance of the first certificate of occupancy
of any dwelling unit in the subdivision.
Prior to Final Inspection
79. Mitigation Monitoring. The permittee shall prepare and submit a written
report to the Community Development Director demonstrating compliance with
those conditions of approval and mitigation measures of this tract map which
must be satisfied prior to the issuance of final occupancy. The Community
Development Director may require inspection or other monitoring to ensure
such compliance.
80. Archeology Report - Phase III and IV. Prior to final inspection, the
developer/permit holder shall prompt the Project Archeologist to submit two (2)
copies of the Phase III Data Recovery report (if required for the Project) and
the Phase IV Cultural Resources Monitoring Report that complies with the
Community Development Department's requirements for such reports. The
Phase IV report shall include evidence of the required cultural/historical
sensitivity training for the construction staff held during the pre-grade meeting.
The Community Development Department shall review the reports to
determine adequate mitigation compliance. Provided the reports are adequate,
the Community Development Department shall clear this condition. Once the
report(s) are determined to be adequate, two (2) copies shall be submitted to
the Eastern Information Center (EIC) at the University of California Riverside
(UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural
Resources Department(s).
81. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block
walls constructed as part of any phase of the Project, and written verification
from the developer shall be provided to the Community Development
Department.
82. Fencing and Wall Compliance. Fencing shall be provided throughout the
subdivision in accordance with Approved Exhibit L, the approved final site
development plans and/or walls and fencing plan.
83. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments shall be installed in accordance with the approved entry
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monument plans. The conditions of approval for the entry monument plot plan
may provide for more specific timing based on construction phasing and/or
map phasing.
84. Elevations. Elevations of all buildings and structures shall be in substantial
conformance with the elevations approved as part of the final site of
development plan.
85. Driveways. The land divider/permit holder shall cause all driveways to be
constructed of cement concrete.
86. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
87. Final Planning Inspection. The permittee shall obtain final occupancy sign-
off from the Planning Division for each Building Permit issued by scheduling a
final Planning inspection prior to the final sign-off from the Building
Department. Planning staff shall verify that all pertinent conditions of approval
have been met, including compliance with the approved elevations, site plan,
walls and fencing and landscaping.
LANDSCAPING
88. Soil Management Plan. The permittee shall submit a Soil Management Plan
(Report) to the Community Development Department before the Landscape
Installation Inspection. The report can be sent in electronically. Information on
the contents of the report can be found in the County of Riverside Guide to
California Friendly Landscaping page 16, #7, “What is required in a Soil
Management Plan?”
89. Landscape/Irrigation Install Inspection. The permittee landscape architect
responsible for preparing the Landscaping and Irrigation Plans shall arrange
for a Pre-Landscape installation inspection and a Landscape Completion
Installation Inspection with the Community Development Department. The
pre-landscape inspection shall be arranged at least fifteen (15) working days
prior to installation of landscaping. The landscape completion inspection shall
be arranged at least fifteen (15) working days prior to final inspection of the
structure or issuance of occupancy permit, whichever occurs first. Six Month
and One Year Post-Establishment Inspection will also be required. The
Community Development Department will require a deposit in order to conduct
the landscape inspections.
90. Landscape Installation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, Menifee Municipal Code Chapter 15.04 and 9.86 (as adopted
and any amendments thereto), Eastern Municipal Water District requirements
and the Riverside County Guide to California Landscaping. All landscape and
irrigation components shall be in a condition acceptable to the Community
Development Department. The plants shall be healthy and free of weeds,
disease or pests. The irrigation system shall be properly constructed and
determined to be in good working order.
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91. Final Landscape Approval. The final landscape approval following
installation shall be subject to the review and approval of the City’s Landscape
Architectural Consultant and the Community Development Director. The
Community Development Director may require additional trees, shrubs and/or
groundcover as necessary, if site inspections reveal landscape deficiencies
that were not apparent during the plan review process.
FEES
92. Ordinance No. 17-232 (DIF). Prior to the issuance of either a certificate of
occupancy or prior to Building Permit final inspection, the applicant shall
comply with the provisions of Ordinance No. 17-232, which requires the
payment of the appropriate fee set forth in the Ordinance. Ordinance No. 17-
232 has been established to set forth policies, regulations and fees related to
the funding and construction of facilities necessary to address the direct and
cumulative environmental effects generated by new development projects
described and defined in this Ordinance, and it establishes the authorized
uses of the fees collected.
In the event Ordinance No. 17-232 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 17-232 be rescinded and
superseded by a subsequent City mitigation fee ordinance, payment of the
appropriate fee set forth in that ordinance shall be required.
93. MSHCP Fees. Prior to the issuance of either a certificate of occupancy or
prior to Building Permit final inspection, the applicant shall comply with the
provisions of Ordinance No. 810, which requires payment of the appropriate
fee set forth in the Ordinance. Ordinance No. 810 has been established to set
forth policies, regulations and fees related to the funding and acquisition of
open space and habitat necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance.
The fee shall be paid for each residential unit to be constructed within this land
division.
In the event Ordinance No. 810 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 810 be rescinded and superseded
by a subsequent mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
94. Quimby Fees. Quimby fees shall be paid directly to the City prior to the
issuance of the first certificate of occupancy of any dwelling unit in the
subdivision. The amount of Quimby fees paid shall be consistent with the
amount determined by the City Manager, or their designee, prior to issuance of
a building permit.
95. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permittee.
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Section III: Public
Works/Engineering Conditions of
Approval
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The following are the City of Menifee Public Works / Engineering Department (Public
Works / Engineering Department) Conditions of Approval for this project which shall be
satisfied at no cost to the City or any other Government Agency. All questions regarding
the intent of the following conditions shall be referred to the Public Works / Engineering
Department, Land Development Section. The Developer / Property Owner shall use the
standards and design criteria stated in the following conditions and shall comply with all
applicable City of Menifee standards and ordinances. Should a conflict arise between City
of Menifee standards and design criteria, and any other standards and design criteria,
those of the City of Menifee shall prevail.
A. GENERAL
96. Subdivision Map Act. The Developer / Property Owner shall comply with the
State of California Subdivision Map Act.
97. Project Description, Tentative Tract Map (TTM) 36911 and Lot Line
Adjustment. The proposed Tentative Tract Map 36911 is a subdivision of 26.95
acres of land into 68 Single Family Residential units and ten Open Space Lots,
three of which are to be developed into three dual purpose Water
Quality/Detention Basins (OS 69, 73 and 74). The property owner and applicant,
Recreational Land Investments, Inc. (RLI), is proposing to include in the TTM
boundaries, a 0.69-acre of land currently owned by the neighboring developer,
Cimarron Ridge, LLC. This 0.69-acre land, identified as OS 69 in the proposed
TTM 36911, is to be developed into one of the three proposed dual basins. The
property owner is endeavoring to acquire the 0.69 acre land from Cimarron
Ridge, LLC once it is created as a separate lot through a Lot Line Adjustment
(LLA No. 18-003) process. The proposed LLA involves existing parcels owned
by RLI and Cimarron Ridge, LLC. The proposed LLA process is currently under
review by the City and therefore has not been approved or recorded. Prior to
final map recordation for TTM36911, the LLA adjustment must be approved and
recorded creating the 0.69 acre land.
98. Mylars. All improvement plans and grading plans shall be drawn on twenty-four
(24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer
and/or other registered/licensed professional as required.
99. Plan Check Submittal Process. Improvement plans and grading plans shall be
submitted with necessary supporting documentation and technical studies
(hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the
PW Engineering Department for review and approval. All submittals shall be
signed, and date stamped by the Engineer of Record. The plans must receive
PW approval prior to final map recordation; or issuance of any construction
permit, grading permit, or building permits as applicable or as determined by the
PW Director. All submittals shall include a completed City Fee or Deposit Based
Worksheet and the appropriate plan check fees paid. For any improvements
proposed to be owned and maintained by the Riverside County Flood Control
District (RCFC), improvement plans must receive District technical approval, or
substantial completion clearance letter issued by the District, prior to final map
recordation or as determined by the District.
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100. Plan Approval. 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.
101. 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 Public Works Director / City
Engineer, and shall be incorporated in the grading plans, street improvement
plans, and landscape improvement plans.
102. 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.
103. Construction Times of Operation. The Developer / Property Owner shall
monitor, supervise, and control all construction and construction related activities
to prevent them from causing a public nuisance including, but not limited to, strict
adherence to the following:
(a) Construction activities shall comply with City of Menifee ordinances relating
to construction noise. Any construction within the city located within one-
fourth mile from an occupied residence shall be permitted Monday through
Saturday, except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m.
in accordance with Municipal Code Section 8.01.010. There shall be no
construction permitted on Sunday or nationally recognized holidays unless
approval is obtained from the City Building Official or City Engineer.
(b) Removal of spoils, debris, or other construction materials deposited on any
public street no later than the end of each working day.
(c) The construction site shall accommodate the parking of all motor vehicles
used by persons working at or providing deliveries to the site. Violation of
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any condition or restriction or prohibition set forth in these conditions shall
subject the owner, applicant to remedies as set forth in the City Municipal
Code. In addition, the Public Works Director or the Building Official may
suspend all construction related activities for violation of any condition,
restriction or prohibition set forth in these conditions until such a time it has
been determined that all operations and activities are in conformance with
these conditions.
(d) A Pre-Construction meeting is mandatory with the City’s Public Works
Inspection prior to start of any construction activities.
104. Guarantee for Required Improvements - All final maps shall be in substantial
conformance with approved tentative maps. Prior to final map recordation,
financial security shall be provided to guarantee the construction of all required
improvements associated with the final map. The Public Works Director may
require the dedication and construction of necessary utilities, streets or other
improvements outside the area of any particular map phase if the improvements
are needed for circulation, parking and access or for the welfare and safety of
future occupants of the development.
105. Bond Agreements, Grading and Improvement Security. The Developer /
Property Owner shall enter into bond agreements and post security in forms
acceptable to the City, guaranteeing the construction of all required grading and
improvements in accordance with applicable City policies and ordinances, and
as determined by the Public Works Director / City Engineer. The grading and
improvements shall include, but not limited to: onsite/offsite grading, street
improvements, street lights, traffic signals, signing and striping, landscaping
within right of way or dedicated easements, water quality BMPs, water and
sewer improvements, survey monuments, erosion control and storm drainage
facilities. If map recordation is required, appropriate bond/surety shall be posted
prior to map recordation. Otherwise, appropriate bond/surety shall be posted
prior to grading, building, or construction permit issuance whichever is
applicable.
106. Bond Replacement, Reductions and Releases – All requests for bond
replacements (such as in changes of property ownerships), reductions (such as
in partial completion of improvements), releases (such as in completion of
improvements), shall conform to City policies, standards and applicable City
ordinances. It shall be the responsibility of the developer/property owner to notify
the City in time when any of these bond changes are necessary. The City shall
review all changes in Bond Agreements and the accompanying bonds or
security. Similarly, with the exception of grading bond agreements, all other
agreement changes require Council approvals. Therefore, it shall be the
responsibility of the developer/property owner to coordinate their project timing
with City Council calendar when requesting changes to bond agreements.
107. Existing and Proposed Easements. Prior to final map recordation all existing
and proposed new easements shall be shown on the map and reviewed and
approved by the Public Works / Engineering Department. The final improvement
plans and grading plans shall correctly show all existing easements, traveled
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ways and drainage courses with appropriate drainage flows. The final plans shall
also correctly show all proposed easements and dedications to support the
development project. Any omission or misrepresentation of these documents
may require said plans to be resubmitted for further consideration.
108. 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. The applicant is
responsible for coordinating the work with the serving utility company. 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 even when
collocated with high voltage lines (for example, 115kV). For further clarification,
low voltage lines shall be placed underground even when the high voltage lines
are exempt from relocation or undergrounding in accordance with City standards
and ordinances. 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 undergrounding and / or relocation shall be reflected
on all required design improvement plans. A written proof for initiating the design
and/or application for the relocation issued by the utility company shall be
submitted to the Public Works / Engineering Department for verification
purposes. Prior to issuance of a Certificate of Occupancy, the Developer /
Property Owner shall submit to the Public Works / Engineering Department,
written proof from the pertinent utility company that the required utility work has
been completed.
109. Encroachment Permits, Plan Approval and Clearances. The Developer /
Property Owner shall obtain all required encroachment permits, plan approval,
and / or clearances prior to start of any work within City’s, State’s, or local
agency’s right of way or connection to their facilities.
B. GRADING
General Conditions
110. 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.
111. Regulations and Ordinance on Grading within the City. All grading activities
shall conform to the latest edition of the California Building Code, City General
Plan, City Ordinances, City design standards and specifications and all other
relevant laws, rules and regulations governing grading in the City of Menifee.
Prior to commencing any grading, clearing, grubbing or any topsoil disturbances,
the applicant shall obtain a grading permit from the Public Works / Engineering
Department. Grading activities that are exempt from a grading permit as outlined
by the City ordinance may still require a grading permit by the Public Works
Director / City Engineer when deemed necessary to prevent the potential for
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adverse impacts upon drainage, sensitive environmental features, or to protect
property, health, safety, and welfare.
112. Dust Control. All necessary measures to control dust shall be implemented by
the Developer / Property Owner 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.
113. Use of Maximum and Minimum Grade Criteria. Actual field construction
grades shall not exceed the minimum and maximum grades specified by the
Americans with Disabilities Act (ADA) and approved project grading design, to
allow for construction tolerances. Any improvement that is outside of the
minimum and maximum values will not be accepted by the City Inspector, and
will have to be removed and replaced at the expense of the Developer / Property
Owner.
114. Erosion Control Plans. All grading plans shall require erosion control plans
prior to approval. Temporary erosion control measures shall be implemented
immediately following rough grading to prevent deposition of debris onto
downstream properties or drainage facilities. Plans showing erosion control
measures may be included as part of the grading plans or submitted as a
separate set of plans for City review and approval. Graded but undeveloped land
shall provide, in addition to erosion control planting, any drainage facilities
deemed necessary to control or prevent erosion. Erosion and sediment control
BMPs are required year-round in compliance with all applicable City of Menifee
standards and ordinances and the National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from
the California State Water Resources Control Board (SWRCB). Additional
erosion protection may be required during the rainy season.
115. 2:1 Max Slope Ratio. Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public
Works Engineering Department. A slope stability report shall be submitted and
approved by the PW-Engineering Department for all proposed cut or fill slopes
steeper than 2:1 (horizontal to vertical) or over 30 feet in vertical height - unless
addressed in a previously City approved report.
116. Minimum Drainage Grade. Minimum drainage grade shall be 1% except on
Portland cement concrete where 0.50% shall be the minimum, unless
determined different by the City Engineer/PW Director.
117. 100-Yr Drainage Facilities. All drainage facilities shall be designed to
accommodate 100-year storm flows or as approved by the Public Works /
Engineering Department.
118. Slope Setbacks, Standard slope setbacks from adjacent slopes shall be in
conformance with the Chapter 8.26 – Grading Regulations, see section on
“Setbacks”.
119. Slope Stability Report. A slope stability report shall be submitted to the Public
Works / Engineering Department for all proposed cut and fill slopes steeper than
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2:1 (horizontal: vertical) or over 20 feet in vertical height, in accordance with the
provisions of Chapter 8.26-Grading Regulations.
120. Grading Drainage Site. Positive drainage of the site shall be provided, and
water shall not be allowed to pond behind or flow over cut and fill slopes. Where
water is collected in a common area and discharged, protection of the native
soils shall be provided by planting erosion resistant vegetation, as the native soil
is susceptible to erosion by running water.
121. Slope Landscaping and Irrigation – All manufactured slopes shall be irrigated
and landscaped with grass or approved ground cover, and shall conform to
applicable sections in Chapter 8.26 – Grading Regulations. Slopes exceeding 15
feet in vertical height shall be irrigated and planted with shrubs and/or trees per
applicable City Ordinances. This requirement shall not apply to slopes in
detention basins that are part of flood control facility that will become RCFC’s
ownership and responsibility.
122. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion
control and/or landscape plans are required for manufactured slopes greater
than 3 feet in vertical height. The plans shall be prepared and signed by a
registered landscape architect, and bonded per City ordinances, standards and
policies.
123. Temporary Erosion Control Measures - shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream
properties or drainage facilities. Plans showing these measures shall be
submitted to PW Engineering for review and approval.
124. Retaining Walls. Lots which propose retaining walls will require separate
permits, unless permitted with the approval of a grading plan. They shall be
obtained prior to the issuance of any other building permits. The walls shall be
designed by a registered civil engineer and shall be reviewed by the Engineering
Departments and the Building and Safety Department.
Prior to Grading Permit Issuance
125. Grading Bonds. Prior to issuance of the permit, adequate performance grading
security shall be posted by the developer/property owner with the Public Works
Engineering Department. Grading bonds shall conform to the requirements of
City Grading Regulations Chapter 8.26.
126. Slope Erosion Control Plan. Erosion control or landscape plans that are
required for manufactured slopes are to be signed by a registered landscape
architect and bonded per City ordinance.
127. Geotechnical/Soils Reports. The following Preliminary Geotechnical soils
report was submitted for this development, entitled: “Preliminary Soil
Investigation and Infiltration Tests Report, Proposed 75 Lot Single Family
Residential Development, Tract 36911, City of Menifee, California, prepared by
Soil Exploration Company, Inc., Project No. 16151-01, dated June 13, 2017. The
Public Works / Engineering Department conditionally approved the Preliminary
Geotechnical Soils report. A Final geotechnical report shall be submitted to and
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approved by the Public Works / Engineering Department prior to the issuance of
a grading permit. The Final geotechnical report shall address the following:
• Seismic stability of cut and fill slopes or surficial stability of fill slopes.
• The pavement recommendations shall reflect traffic indices and minimum
pavement sections in accordance with City of Menifee Standard Plans.
Additionally, pavement recommendations shall be provided for the offsite
roadways.
• Correctly identify the project location on a Regional Geologic Map:
• Ground subsidence potential as required by applicable Riverside County
Technical Guidelines.
• Recommendations for remedial grading throughout the project site.
• Provide estimates of settlement and assumed loads from the planned
structures. The Final Report shall include recommendations for both total
and differential settlements.
Two copies of City approved final geotechnical report shall be submitted to the
Public Works / Engineering Department. The Developer / Property Owner shall
comply with the recommendations of the report and City standards and
specifications. All grading shall be in conformance with the recommendations of
the geotechnical/soils reports under the general direction of a licensed
geotechnical engineer, applicable City Ordinances, and as approved by Public
Works / Engineering Department.
128. Offsite Grading Easements. Prior to final map recordation, or issuance of a
grading permit or building permit, whichever occurs first or as determined by the
Public Works Director / City Engineer, the Developer / Property Owner shall
obtain all required easements and/or permissions necessary to perform offsite
grading and/or improvements, from affected property owners. A notarized and
recorded agreement or documents shall be submitted to the Public Works /
Engineering Department. If the construction of the proposed retaining wall, v-
ditch, and associated grading of the westerly limits of the project, will cause the
project to encroach onto the adjacent properties (APN 335-070-029 and 335-
070-052) located west of Byers Road, notarized and recorded easements and/or
permission shall be obtained prior to any construction activity located outside the
project boundaries.
129. Import/Export. In instances where a grading plan involves import or export, prior
to obtaining a grading permit, the Developer / Property Owner shall have
obtained approval for the import/export location from the Public Works /
Engineering Department. If an Environmental Assessment did not previously
approve either location, a Grading Environmental Assessment shall be submitted
to the Planning Director for review and comment, and to the Public Works
Director / City Engineer for approval. Additionally, if the movement of
import/export occurs using City roads, review and approval of the haul routes by
the Public Works / Engineering Department will be required.
130. NPDES/SWPPP. Prior to approval of the grading plans, the developer/property
owner shall obtain a General Construction Activity Storm Water Permit from the
State Water Resources Control Board (SWRCB) in compliance with the National
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Pollutant Discharge Elimination System (NPDES) requirements. Proof of filing a
Notice of Intent (NOI) to construct shall be provided by the developer, and the
State issued Waste Discharge ID number (WDID#) shall be shown on the title
sheet of the grading plans. The developer/property owner shall be responsible
for the preparation and uploading of a Storm Water Pollution Prevention Plan
(SWPPP) into the State’s SMARTS database system. The developer/property
owner shall also be responsible for updating the SWPPP 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 and
the Regional Board has issued a Notice of Termination (NOT) for the
development.
131. SWPPP FOR INACTIVE SITES. The developer/property owner shall be
responsible for ensuring that any graded area left inactive for a long period of
time has appropriate SWPPP BMPs in place and in good working conditions at
all times until construction is completed and the Regional Board has issued a
Notice of Termination (NOT) for the development.
Prior to Building Permit Issuance
132. Grading Permit Prior To Building. Prior to issuance of any building permit, the
Developer / Property Owner shall obtain a grading permit and/or approval to
construct from the Public Works / Engineering Department.
133. Final Rough Grading Conditions. Prior to issuance of each building permit, the
Developer / Property Owner shall cause the Civil Engineer of Record and Soils
Engineer of Record for the approved grading plans, to submit signed and wet
stamped rough grade certification and compaction test reports with 90% or better
compaction. The certifications shall use City approved forms and shall be
submitted to the Public Works / Engineering Department for verification and
acceptance.
134. 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
135. Slope Erosion Control. 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 greater than or
equal to 3' in vertical height shall have erosion control measures provided.
Slopes that exceed 15' in vertical height are to be planted with additional shrubs
and trees as required by the Public Works / Engineering Department. Drip
irrigation or approved equal shall be provided for all irrigated slopes.
136. Plant & Irrigate Slopes. All slopes greater than 5 feet in height shall be
permanently stabilized with landscaping, in accordance with Chapter 8.26
Grading Regulations. If the permanent landscaping is not installed or cannot be
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sufficiently established within a reasonable time period as determined by the
Public Works Director / City Engineer, the slope(s) shall be stabilized with BMPs
approved by the Public Works Director / City Engineer.
137. Finish Grade Drainage. Finish grade shall be sloped to provide proper drainage
away from all exterior foundation walls. The slopes and drainage swales shall be
in accordance with City Standards.
138. Final Grade Certification. The Developer / Property Owner shall cause the Civil
Engineer of Record for approved grading plans to submit signed and wet
stamped final grade certification on City-approved forms, for each building
requesting a certificate of occupancy. The certification shall be submitted to the
Public Works / Engineering Department for verification and acceptance.
139. Final Grade Conformance to Elevations. Final grade elevations of all building
or structure finish floors submitted for grading plan check approval shall be in
substantial conformance with the elevations shown on the approved grading
plans.
C. DRAINAGE
General Conditions
140. Drainage Guideline. The land divider shall protect downstream properties from
damages caused by alteration of the drainage patterns, i.e., concentration or
diversion of flow. Protection shall be provided by constructing adequate drainage
facilities. The protection shall be as approved by Public Works Director / City
Engineer. The land divider shall accept and properly dispose of all off-site
drainage flowing onto or through the site and shall drain to a safe and adequate
point of discharge. In the event the Public Works / Engineering Department
permits the use of streets for drainage purposes, the provisions of City
Ordinances shall apply. Should the quantities exceed the street capacity, or the
use of streets be prohibited for drainage purposes, the sub-divider shall provide
adequate drainage facilities and/or appropriate easements as approved by the
Public Works / Engineering Department.
141. Coordinate Drainage Design. Development of this property shall be
coordinated with the development of adjacent properties to ensure that
watercourses remain unobstructed and stormwaters are not diverted from one
watershed to another. This may require the construction of temporary drainage
facilities or offsite construction and grading, which could encroach onto other
properties. In the event that the construction of temporary drainage facilities or
offsite construction and grading encroaches onto other properties, 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 Public Works / Engineering Department for review.
142. 100-Yr Sump Outlet. Drainage facilities outletting sump conditions shall be
designed to convey the tributary 100-year storm flows. Additional emergency
escape shall also be provided.
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143. 10-Year Curb / 100-Year 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. All lots shall be graded to drain to the adjacent street
or an adequate outlet.
144. Interceptor Drain Criteria. The criteria for maintenance access of
terrace/interceptor drains is as follows: flows between 1-5 cfs shall have a 5-foot
wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular
channel. Terrace/interceptor drains are unacceptable for flows greater than 10
cfs. Flows greater than 10 cfs shall be brought to the street.
145. Perpetuate Drainage Patterns. Any grading shall be designed and performed
in a manner that perpetuates the existing natural drainage patterns with
respect to tributary drainage areas, outlet points and outlet conditions.
Otherwise, a drainage easement shall be obtained from the affected property
owners for the release of concentrated or diverted storm flows. A copy of the
recorded drainage easement shall be submitted to the Public Works /
Engineering Department for review and approval.
146. Emergency Escape. An emergency escape path shall be provided for the
stormwater runoff at all inlets for the proposed underground facilities in the
event that the inlets become blocked with debris. To prevent flood damage to
the proposed structures, all proposed structures in the vicinity of the inlets and
along the emergency escape path shall be protected from flooding by either
properly elevating the finished floor in relation to the inlets and flow path or by
making sure the structures are set back from the inlets to provide adequate flow
through area in the event the emergency escape of the stormwater runoff is
necessary.
Prior To Issuance of Grading Permits
147. Preliminary and Final Drainage Studies. The following Preliminary Drainage
Study was submitted for this development: “Preliminary Hydrology Study,”
prepared by Adkan Engineers dated June 13, 2018. The City Public Works /
Engineering Department has reviewed and conditionally approved the report.
In final engineering and prior to approval of all proposed storm drain facilities or
issuance of a grading permit, the Developer / Property Owner shall submit final
drainage reports for review and approval by the Public Works / Engineering
Department. Additional review and approval by the Flood Control District will be
required if the project is proposing facilities to be owned, operated and
maintained by the Flood Control District; or the project will connect to existing
Flood Control District facilities. The responsible Engineer of Record shall sign
and wet stamp the final study. The project shall comply with all the mitigation
measures identified in the approved final study.
148. Proposed Post Development Drainage Concept. The proposed TTM36911
project site is located westerly of I-215 and southerly of Chambers Avenue in the
western area of the City. The site will accept and convey off-site drainage,
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coming from the southwesterly direction via interceptor drains along the westerly
boundary of the development and collected into storm drains and connect to
existing lines located on Valley Blvd. Onsite drainage which will generally flow in
a west to east direction and will be conveyed through a combination of surface
flow and curb and gutter to three proposed onsite dual Water Quality and
Detention basins: Basin 1, near the southeast corner of the tract, Basin 2, in the
middle of the tract at its easterly boundary, and Basin 3, near the northwest
corner of the development. The basins will serve a both water quality and
detention basins. Flows from these basins will outlet to a proposed storm drain
system that will connect to existing Flood Control District storm drain facilities,
and City drainage facilities located in the adjacent Tract 22483 development east
of the Project.
149. Water Quality/Detention Dual Basin Designs. Basin designs shall incorporate
discernable boundary distinctions and limits to distinguish components that are
for water quality purposes and components that are for flood control or detention
purposes. If the basins are to be maintained by more than one entity such as the
City, Flood Control or HOA, the designs shall be reviewed and approved by the
Public Works Engineering Department prior to approval of any plans. The
designs shall include acceptable maintenance access for responsible
maintaining entities.
150. 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. This
condition shall also apply to proposed bio-retention basin inlets.
151. Increased Runoff. The development of this site will adversely impact
downstream property owners by increasing the rate and volume of flood flows.
To mitigate this impact, the Developer / Property Owner has proposed three dual
WQ/Detention basins. Final design of these basins will be required at the
improvement plan approval stage of this development. The preliminary hydrology
and hydraulics study submitted provided the general size, shape, and location of
the proposed dual basins to mitigate the impacts of increased runoff. In final
engineering and prior to approval of a grading plan or storm drain plans, the
developer shall submit a final drainage study to finalize basin designs. The final
study shall be reviewed and approved by the City Engineer. All
recommendations in the approved study to mitigate impacts of increased runoff
shall be implemented, and any redesigns shall be the responsibility of the
developer.
152. Flood Control District Encroachment Permit Required. An Encroachment
Permit is required for any work within the Flood Control District right of way or
any connection to Flood Control District facilities. The Encroachment Permit
application shall be processed and approved concurrently with the improvement
plans.
Prior to Final Map Recordation or Approval of Flood Control Plans
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153. Drainage Facilities for Ownership and Maintenance by the Flood Control
District. A portion of the proposed drainage facilities may be requested for
ownership and maintenance by the Flood Control District. For such drainage
facilities, applicable Flood Control District standards and guidelines shall be
complied with; including conditions of approval required for said drainage
facilities. Prior to recordation of the final map, or approval of Flood Control
improvement plans, the Developer / Property Owner shall enter into a three party
cooperative agreement with the City and Flood Control District. Both the
Riverside County Board of Supervisors and the City of Menifee City Council shall
approve the agreement.
154. Conditions for Acceptance of Drainage Facilities by Flood Control District.
For drainage facilities requested for ownership and maintenance by the Flood
Control District, a written request must be submitted to the Flood Control District.
The request shall note the project number, location, brief description of the
system (sizes and lengths) and an exhibit that shows the proposed storm drain
alignment.
If the Flood Control District is willing to maintain the requested drainage systems,
the Developer / Property Owner shall complete the following prior to final map
recordation:
• Submit to the Flood Control District preliminary title reports, plats and legal
descriptions for all drainage facilities right of way or easements to be
conveyed to the Flood Control District; and secure such right of way or
easements to the satisfaction of the Flood Control District;
• Execute a three party cooperative agreement with the City and the Flood
Control District establishing the terms and conditions of inspection,
operation and maintenance of said drainage facilities;
• Process approval of drainage plans by the Flood Control District's General
Manager-Chief Engineer. The plans cannot be approved prior to execution
of the agreement.
• Submit an application and applicable fee for the Flood Control District to
draft the agreement;
• Provide guarantee bonds for the drainage facility, and necessary certificate
of insurance.
Prior to Issuance of Certificate of Occupancy
155. Drainage Facility Completion. The City will not release occupancy permits for
any residential lot within the map, or phase within the map, until all necessary
and required drainage facilities are functional. These shall include upstream and
downstream drainage facilities.
D. NPDES, SWPPP and WQMP
General Conditions
156. Stormwater/Urban Runoff Management Program, MMC Chapter 15.01. 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
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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.
157. Water Quality Management Plan (WQMP). In compliance with Santa Ana
Region Regional Water Quality Control Board Orders, and beginning January 1,
2005, projects determined as priority development projects seeking discretionary
approval by the governing body, will be required to comply with the Water
Quality Management Plan requirement for Urban Runoff (WQMP). The WQMP
addresses post-development water quality impacts from new development and
redevelopment projects. This project is within the Santa Ana River (SAR)
watershed, therefore the WQMP requirements for the SAR will apply. The
Regional Board approved WQMP guidelines and templates to assist the
Developer / Property Owner in preparing the necessary WQMP are available on-
line at http://rcflood.org/npdes/ under Watershed Protection web page. To
comply with the requirement for a WQMP, the Developer / Property Owner must
submit a "Project Specific" WQMP in compliance with the latest WQMP
guidelines approved by the Regional Board. This report is intended to a) identify
potential post-project pollutants and hydrologic impacts associated with the
development; b) identify proposed mitigation measures (BMPs) for identified
impacts including site design, source control and treatment control post-
development BMPs; and c) identify sustainable funding and maintenance
mechanisms for the aforementioned BMPs. To comply with this requirement the
Developer / Property Owner has submitted a PRELIMINARY Project Specific
WQMP, prepared by Adkan Engineers and dated January 2020. The City Public
Works / Engineering Department has reviewed and approved the PRELIMINARY
WQMP.
Prior to Grading Permit Issuance
158. Preliminary Project Specific Water Quality Management Plan (Prelim
WQMP) – A Preliminary Project Specific WQMP prepared by Adkan Engineers,
dated January 2015 and Revised February 2019, has been reviewed and
received preliminary approval for this development. The Prelim WQMP
addresses treatment of flows from the developed project condition by directing
the flows to three proposed dual Water Quality /Detention Basins for major
treatment prior to discharge. Prior to basin treatment, the development will
incorporate additional Low Impact Development (LID) techniques such as
treatment trains of BMPs that will provide pre-treatment prior to flows being
directed to the major dual basins. Although approved for concept, the Prelim
WQMP requires revisions that includes the following:
a) The provided DMA requires revision, it does not match the proposed TTM
site plan
b) The Section for Operation, Maintenance and Funding requires correction.
The project is proposing the dual basins to be City-CFD maintained (public),
while the WQMP indicates HOA ownership and maintenance.
c) The enclosed TTM site plan in the WQMP is outdated and not consistent with
the proposed TTM site plan to be considered for Planning Commission
approval.
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159. Final Project Specific Water Quality Management Plan (Final WQMP). Prior
to issuance of a grading permit, a FINAL project specific WQMP in substantial
conformance with the concept of the conditionally approved PRELIMINARY
WQMP shall be reviewed and approved by the Public Works Engineering
Department. The final construction plans shall incorporate all of the structural
BMP’s identified in the approved FINAL WQMP. The final developed project
shall implement all structural and non-structural BMPs specified in the approved
FINAL WQMP. Electronic copy of the approved FINAL WQMP on a CD-ROM in
pdf format shall be submitted to the Public Works / Engineering Department.
The FINAL WQMP submittal shall include at the minimum the following
reports/studies:
• Hydrology/hydraulics report
• Soils Report that includes soil infiltration tests for areas where BMPs are
proposed
• Operations and Maintenance Plan
• Approved Phase I ESA Report and Limited Phase II as may be required by
the approved Phase I ESA
160. Establish Maintenance Entity for WQMP BMPs. This project proposes BMP
facilities that will require maintenance by a public agency. To ensure that the
public is not unduly burdened with future costs, prior to approval of the final
WQMP, the Public Works / Engineering Department will require an acceptable
financial mechanism be implemented to provide for maintenance of all proposed
BMPs in perpetuity. This may consist of a mechanism to assess individual
benefiting property owners, or other means approved by the City. All proposed
structural BMPs must be shown on the project's improvement plans - either the
street plans, grading plans, or landscaping plans as determined by the Public
Works Director / City Engineer.
Prior to Building Permit Issuance
161. 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
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capture devices located within city-owned storm drains or otherwise located
within the public right of way.
Prior to Issuance of Certificate of Occupancy
162. WQMP/BMP Education. Prior to issuance of Certificate of Occupancy, the
Developer / Property Owner shall provide the City proof of notification to future
occupants of all BMP’s and educational and training requirements for said BMP’s
as directed in the approved WQMP. Acceptable proof of notification must be in
the form of a notarized affidavit, or some other forms acceptable to the PW
Director/City Engineer. The Developer / Property Owner may obtain NPDES
Public Educational Program materials from the Flood Control District NPDES
Section by either the Flood Control District’s website at www.rcwatershed.org, or
by calling the Flood Control District’s office directly.
163. Implement WQMP. All structural BMPs described in the project-specific WQMP
shall be constructed and installed in conformance with approved plans and
specifications. It shall be demonstrated that the applicant is prepared to
implement all non-structural BMPs described in the approved project specific
WQMP and that copies of the approved project-specific WQMP are available for
the future owners/occupants. The City will not release occupancy permits for any
portion of the project until all proposed BMPs described in the approved project
specific WQMP are completed and operational.
164. Inspection of BMP Installation. Prior to issuance of any Certificate of
Occupancy, all structural BMPs included in the approved FINAL WQMP shall be
inspected for completion of installation in accordance with approved plans and
specifications, and the FINAL WQMP. The Public Works Stormwater Inspection
team shall verify that all proposed structural BMPs are operational and in
working conditions, and that a hard copy and/or digital copy of the approved
FINAL WQMP are available at the site for use and reference by future
owners/occupants. The inspection shall ensure that the FINAL WQMP at the site
includes the BMP Operation and Maintenance Plan and shall include the site in a
City maintained database for future periodic inspection.
E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS AND DEDICATIONS
General Conditions
165. Road Improvements. All required road improvements shall be per the City of
Menifee General Plan designations, as adopted by the City of Menifee City
Council.
166. Improvement Plans. Plans for the required improvements must be prepared
and shall be based on a design profile extending a minimum of 300 feet beyond
the project boundaries at a grade and alignment approved by the Public Works /
Engineering Department. Completion of road improvements does not imply
acceptance for maintenance by City.
167. City Standards and Ordinances. The Developer / Property Owner shall provide
all street improvements and road dedications set forth herein and in accordance
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with City ordinances and City street improvement standards and policies. It is
understood that the submitted site plan correctly shows acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with
appropriate Q's, and that their omission or misrepresentation may require the
site plan to be resubmitted for further consideration by the Planning Commission.
All questions regarding the true meaning of the conditions shall be referred to the
Public Works / Engineering Department.
168. Soils and Pavement Report. The Developer / Property Owner shall submit a
preliminary soils and pavement investigation report addressing the construction
requirements, including the street structural sections, within the right-of-way.
Street pavement structural designs shall comply with the recommendations in
the City approved Project soils and pavement investigation report, and must
meet City standards and specifications, as approved by the Public Works
Director / City Engineer.
169. Intersection/50' Tangent. All centerline intersections shall be at 90 degrees,
plus or minus 5 degrees, with a minimum 50' tangent, measured from
flowline/curb face or as approved by the Public Works / Engineering Department.
170. Easements On Separate Instrument. Any easement not owned by a public
utility, public entity or subsidiary, not relocated or eliminated prior to building
permit issuance, shall be delineated on the final map in addition to having the
name of the easement holder, and the nature of their interests, shown on the
final map. New easements shall be shown on the final map.
171. Signing and Striping Plan. A signing and striping plan is required for this
project. The applicant shall be responsible for any additional paving and/or
striping removal caused by the striping plan. Traffic signing and striping shall be
performed by City forces with all incurred costs borne by the applicant, unless
otherwise approved by the City Traffic Engineer.
172. Streetlight Design and Plan. Public street lights requiring relocations, or any
required new public street lights shall be designed as LS-3 rate lights in
accordance with City of Menifee Standard Plans and Specifications and as
determined by the Public Works Director / City Engineer. A separate street light
plan is required for this project. Combining street light plans with the public street
improvement plans shall only be at the discretion of the Public Works Director /
City Engineer.
173. Onsite and Offsite Public Streetlights Ownership and Maintenance. All
proposed public street lights shall be designed in accordance with City approved
standards and specifications, as determined and approved by the Public Works
Director / City Engineer. Unless determined otherwise by the Public Works
Director/City Engineer, the City shall have ownership and maintenance of all
proposed public street lights and associated appurtenances, and therefore shall
be provided with adequate service points for power. The design shall be in a
separate street light plan or as determined and approved by the Public Works
Director / City Engineer.
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174. Public Streetlights Service Point Addressing. The Developer / Property
Owner shall coordinate with the Public Works / Engineering Department and with
Southern California Edison the assignment of addresses to public street light
service points. These service points shall also be owned by the City and shall be
located within the public right of way or within duly dedicated public easements.
175. Streetlights Energized. It shall be the responsibility of the Developer / Property
Owner to ensure that all streetlights are energized along the streets associated
with this development, prior to Certificate of Occupancy.
176. Assessment District. Should this project lie within any assessment/benefit
district, the Developer / Property Owner shall, prior to recordation, make
application for and pay for the reapportionment or segregation of the
assessments or pay the unit fees in the benefit district. The Developer / Property
Owner shall be responsible for the cost of processing the assessment
segregation.
177. Parkway Trees. The Developer / Property Owner shall comply with landscaping
requirements within public road rights-of-way, in accordance with City
ordinances. Parkway trees shall be installed along public streets frontage of this
subdivision.
178. Construction Traffic Control Plan. Prior to start of any project related
construction, the Developer / Property Owner shall submit to the Public Works /
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control plan
shall address impacts from construction vehicular traffic, noise, and dust and
shall propose measures to mitigate these effects. The traffic control plan shall
include a Traffic Safety Plan for safe use of public roads right-of-way during
construction. The plan shall specify mitigation measures to address the
following:
a. The estimated day(s), time(s) and duration of any lane closures that are
anticipated to be required by Project construction.
b. Safety measures such as, but not limited to, signage, flagmen, cones,
advance community notice, or other acceptable measures to the
satisfaction of the Public Works / Engineering Department. The purpose of
these measures shall be to safely guide motorists, cyclists, and
pedestrians, and minimize traffic impacts and ensure the safe and even
flow of traffic consistent with City level of service standards and safety
requirements.
c. A notification to the Public Works / Engineering Department at least five (5)
business days in advance of any planned lane closure that will be caused
by Project construction. The City shall evaluate any other known lane
closures, construction activities, or special events that may conflict with the
Project’s scheduled lane closure or create additional impacts to traffic flow,
and, if deemed necessary by the Public Works / Engineering Department,
the Project’s lane closure may be postponed or rescheduled.
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d. A dirt haul route plan shall be submitted for approval prior to any import /
export grading operation. The plan shall identify all origins and destinations
and the time for haul period, and the haul routes shall be approved by the
Traffic Engineer. Haul routes shall not be permitted on residential streets
without the approval of the Traffic Engineer. The traffic control application,
location, and type of traffic control shall be shown on the plan. Daily street
sweeping is required during all hauling operations.
e. 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 and hauling operations. (2) Approved BMPs shall be
installed at all approved construction entrances as part of the SWPPP.
f. Noise from construction truck traffic: Include construction time and
operation of vehicles through surrounding residential streets.
Prior to Final Map Recordation
179. Street Improvement Plan Profile. Plans for the required improvements must be
prepared and shall be based on a design profile extending a minimum of 300
feet beyond the project boundaries at a grade and alignment approved by the
Public Works / Engineering Department. Completion of road improvements does
not imply acceptance for maintenance by the City. Minimum street grade for
public streets shall be 0.5% unless approved otherwise by the Public Works
Director / City Engineer.
180. Bike Lane Designations. Valley Boulevard is designated as a Class II Bike
Lane in the City General Plan. Improvements to Valley Boulevard shall include
necessary lane widths and street striping to attain the road’s respective bike lane
designation.
181. Corner Cutbacks. All corner cutbacks shall be applied per City Standard Plan
No. 82, except for corners at Entry streets intersecting with General Plan roads.
All corner cutbacks at project entrances shall be determined and approved by
the Public Works / Engineering Department.
182. Public Street Designation and Improvements. Easements and right-of way for
public roadways shall be dedicated to the City of Menifee through final map, or
other acceptable recordable instrument. Public street improvements and right-of-
way dedications are as follows
a. Valley Boulevard – This street shall be improved within the dedicated
ROW in accordance with the Modified Arterial standard (City Standard No.
97), which has a 117-foot ROW width and 82-foot curb-to-curb width. Also
included within the 82-foot curb to curb is a 14-foot center raised median.
The western half-width portion also includes a 10-foot DG Trail, 5-foot
sidewalk, and 8-foot Class II Bike Lane. The improvements shall be on the
west side (the southbound side) to the ultimate half-width of 62 feet, plus an
additional 12 feet past the centerline onto the east side (the northbound
side) and shall extend past the project boundary line to the Thornton
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Avenue intersection with appropriate transitions subject to the approval of
the Public Works Director / City Engineer.
b. Fire Access Road (Lot 78) – The Developer / Property Owner shall
construct a Fire Access Road which begins at the western terminus of
Connie Way and extends 440-feet south. The proposed road has a 24-foot
all-weather surface and a maximum slope of 16%. The pavement structural
section shall be designed to support an imposed load of a fire apparatus
with a total minimum weight of 60,000 pounds over two axles. A pavement
structural section recommendation, based on said loading and “R” value of
sub-base that meets City Standard shall be provided to the City Public
Works / Engineering Department for review and approval
c. Northern Segment of Foothill Boulevard – This street shall be improved
within the dedicated ROW in accordance with the General Local standard
(City Standard Plan No. 115, Section A), which has a 60-foot ROW width
and 36-foot curb-to-curb width. Also included within the 60-foot ROW width
is a 12-foot parkway on each side, which includes a 6-foot sidewalk. The
northern portion of the street contains a cul-de-sac.
d. Southern Segment of Foothill Boulevard – This street shall be improved
within the dedicated ROW in accordance with the General Local standard
(City Standard Plan No. 115, Section A), which has a 60-foot ROW width
and 36-foot curb-to-curb width. Also included within the 60-foot ROW width
is a 12-foot parkway on each side, which includes a 6-foot sidewalk. The
southern portion of the street contains a cul-de-sac.
e. Chambers Avenue – This entry street shall be improved within the
dedicated ROW in accordance with the General Local standard (City
Standard Plan No. 115, Section A), which has a 60-foot ROW width and 36-
foot curb-to-curb width. Also included within the 60-foot ROW width is a 12-
foot parkway on each side, which includes a 6-foot sidewalk.
f. Northern Segment of Street “A” – This street shall be improved within the
dedicated ROW in accordance with the General Local standard (City
Standard Plan No. 115, Section A), which has a 60-foot ROW width and 36-
foot curb-to-curb width. Also included within the 60-foot ROW width is a 12-
foot parkway on each side, which includes a 6-foot sidewalk. The northern
portion of the street contains a cul-de-sac.
g. Southern Segment of Street “A” – This street shall be improved within
the dedicated ROW in accordance with the General Local standard (City
Standard Plan No. 115, Section A), which has a 60-foot ROW width and 36-
foot curb-to-curb width. Also included within the 60-foot ROW width is a 12-
foot parkway on each side, which includes a 6-foot sidewalk. The southern
portion of the street contains a cul-de-sac.
h. Connie Way – This entry street shall be improved within the dedicated
ROW in accordance with a General Local standard (City Standard Plan No.
115, Section A), which has a 60-foot ROW width and 36-foot curb-to-curb
width. Also included within the 60-foot ROW width is a 12-foot parkway on
each side, which includes a 6-foot sidewalk.
i. Byers Road – Byers Road is located along the western project boundary
and shall be improved within the dedicated ROW in accordance with a
General Local standard (City Standard Plan No. 115, Section A), which has
a 60-foot ROW. The AC paving shall be 30-ft (18-ft on project side and 12-ft
on opposite side). Furthermore, project-side improvements shall also
include a 12-foot parkway containing a 6-foot sidewalk.
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Improvements include but are not limited to: paving, curb and gutter; sidewalk;
street lights; drainage facilities; water quality; signing and striping; utilities (utility
undergrounding and/or relocation, water and sewer, etc.); landscaping;
appropriate transitions to existing improvements beyond the project boundary;
with all improvements subject to the approval of the Public Works Director / City
Engineer. Improvements shall also include safe roadway geometrics, transitions,
and terminations as approved by the Public Works Director / City Engineer.
Prior to Issuance of Certificate of Occupancy
183. Traffic Impact Analysis. The development shall comply with all the mitigation
measures identified to be constructed or provided in the approved TIA, dated
March 9, 2020, prepared by Urban Crossroads. The City Public Works /
Engineering – Traffic Engineering Division has reviewed the TIA and has
generally concurred with its findings. The Developer / Property Owner shall be
responsible for all improvements and mitigations, such as but not limited to;
right-of-way frontage improvements, traffic signal construction or mitigation, fair
share fees, required or identified in the approved traffic study and according to
these Conditions of Approval. All required improvements identified in the study
shall be included in all improvement plans for review and approval by Public
Works / Engineering. The recommendations / mitigation measures outlined in the
approved TIA are as discussed below. Additional improvements may be required
to address public safety and welfare, as determined by the Public Works Director
/ City Engineer.
184. Intersection of Valley Boulevard at Chambers Avenue. The Developer /
Property Owner shall construct the improvements at the intersection of Valley
Boulevard and Chambers Avenue with the following geometrics:
• Northbound: One shared through‐left turn lane and one right turn lane.
(Stop Controlled)
• Southbound: One shared left‐through‐right turn lane. (Stop Controlled)
• Eastbound: One shared left‐through‐right turn lane. (Stop Controlled)
• Westbound: One shared through‐left turn lane and one right turn lane.
(Stop Controlled)
185. Intersection of Valley Boulevard at Connie Way. The Developer / Property
Owner shall construct the improvements at the intersection of Valley Boulevard
and Connie Way with the following geometrics:
• Northbound: One shared left‐through‐right turn lane. (Stop Controlled)
• Southbound: One shared left-through-right turn lane. (Stop Controlled)
• Eastbound: One shared left‐through‐right turn lane. (Stop Controlled)
• Westbound: One shared through‐right turn lane. (Stop Controlled)
186. Traffic Mitigation Fair Share. The Developer / Property Owner shall pay their
fair share costs for offsite improvements determined as follows:
a. Murrieta Road and Chambers Avenue. Improve intersection geometrics
at Murrieta Road & Chambers Avenue at a fair share cost of 17.3% of the
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total cost of the improvement. Improvements shall include installation of
ADA compliant curb ramps. The intersection geometrics are as follows:
• Northbound: One left turn lane (100’ pocket), one through lane, and one
through-right lane.
• Southbound: One left turn lane (100’ pocket) and one through-right lane.
• Eastbound: One left turn lane (90’ pocket) and one through-right lane.
• Westbound: One left turn lane, one through lane, and one right lane.
187. Reconstruction or Resurfacing Existing Offsite Streets. The Public Works
Director / City Engineer may consider reconstruction or resurfacing of existing
offsite street paving fronting the development to meet existing conditions with
acceptable overlays, provided streets are found meeting the minimum City
standards for pavement conditions at the time of project construction. If it is
determined during project construction that the existing offsite street
improvements are substandard, the Public Works Director / City Engineer will
require the Developer / Property Owner to provide full reconstruction as provided
for in these conditions of approval. At the discretion of the Developer / Property
Owner, the existing pavement may be cored during project construction to
confirm adequate section, and any findings shall be incorporated into project
design. The Public Works Director / City Engineer shall have the final approval
for all street’s conditions.
188. 80% Completion. Occupancy releases will not be issued for any lot exceeding
80% of the total recorded residential lots prior to completion of the following
improvements:
a) Primary and Alternate (secondary) access roads shall be completed and
paved to finish grade according to the limits indicated in the improvement
plans and as noted elsewhere in these conditions.
b) Interior roads shall be completed and paved to finish grade according to the
limits indicated in the improvement plans and as noted elsewhere in these
conditions. All streetlights, service points, curbs, gutters, sidewalks and
driveway approaches shall be installed.
c) With the exception of those utilized as part of the project specific WQMP for
the project, storm drains and flood control facilities shall be completed
according to the improvement plans and as noted elsewhere in these
conditions. For facilities to be owned and maintained by the Flood Control
District, written confirmation of acceptance by the Flood Control District is
required.
d) Water system, including fire hydrants, shall be installed and operational,
according to the improvement plans and as noted elsewhere in these
conditions. All water valves shall be raised to pavement finished grade.
Written confirmation of acceptance from water purveyor is required.
e) Sewer system shall be installed and operational, according to the
improvement plans and as noted elsewhere in these conditions. All sewer
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manholes shall be raised to pavement finished grade. Written confirmation
of acceptance from sewer purveyor is required.
f) Landscaping and irrigation, water and electrical systems shall be installed
and operational in accordance with City ordinance.
The 80% completion shall not apply to BMP facilities serving as water quality
BMP in the project’s approved WQMP. These BMP facilities and any storm drain
facilities that are part of the BMP or Water Quality system must be complete and
operational prior to issuance of any Certificate of Occupancy.
F. WATER, SEWER, RECYCLED WATER
Prior to Building Permit Issuance
189. Wet Utility Improvements. All public potable water, sewer and recycled water
improvements to serve this development shall be designed per the Eastern
Municipal Water District (EMWD) standards and specifications and applicable
City standards. The final design including pipe sizes and alignments shall be
subject to the review and approval by both the EMWD and the City of Menifee.
Applicable City of Menifee plan check fees shall be separate from those of the
EMWD.
190. Wet Utility Improvement Plans. Public Water, Sewer and Recycled Water
improvements shall be drawn on City title block for review and approval by the
Public Works / Engineering Department and EMWD.
191. Offsite and Onsite Lateral Connections. All onsite and offsite sewer, water
and recycled water connections within the public’s ROW shall require
encroachment permits from the City and shall be guaranteed for construction
prior to final map recordation.
G. WASTE MANAGEMENT
General Conditions
192. AB 341. AB 341 focuses on increased commercial waste recycling as a method
to reduce greenhouse gas (GHG) emissions. The regulation requires
businesses and organizations that generate four or more cubic yards of waste
per week and multifamily units of 5 or more, to recycle. A business shall take at
least one of the following actions in order to reuse, recycle, compost, or
otherwise divert commercial solid waste from disposal:
a. Source separate recyclable and/or compostable material from solid waste
and donate or self-haul the material to recycling facilities.
b. Subscribe to a recycling service with their waste hauler.
c. Provide recycling service to their tenants (if commercial or multi-family
complex).
d. Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
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For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#m
andatory
193. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate
eight (8) cubic yards or more or organic waste per week to arrange for organic
waste recycling services. The threshold amount of organic waste generated
requiring compliance by businesses is reduced in subsequent years.
Businesses subject to AB 1826 shall take at least one of the following actions in
order to divert organic wast4e from disposal:
a. Source separate organic material from all other recyclables and donate or
self-haul to a permitted organic waste processing facility.
b. Enter into a contract or work agreement with gardening or landscaping
service provider or refuse hauler to ensure the waste generated from those
services meet the requirements of AB 1826.
c. Consider xeriscaping and using drought tolerant/low maintenance
vegetation in all landscaped areas of the project.
As of January 1, 2019, the above requirements are now applicable to businesses
that generate four (4) or more cubic yards of solid waste per week and one (1) or
more cubic yards of organic waste per week. Additionally, as of January 1, 2019,
a third trash bin is now required for organics recycling, which will require a larger
trash enclosure to accommodate three (3) trash bins. This development may be
subject to this requirement.
Prior to Building Permit Issuance
194. 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
Public Works / Engineering 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.
195. 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, the project site shall have, at a minimum, two (2) bins; one
for waste disposal and the other for the recycling of Construction and Demolition
(C&D) materials. Additional bins are encouraged to be used for further source
separation of C&D recyclable materials. Accurate record keeping (receipts) for
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recycling of C&D recyclable materials and solid waste disposal must be kept.
Arrangements can be made through the franchise hauler.
Prior to Issuance of Certificate of Occupancy
196. 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.
H. CONDITIONS, COVENANTS & RESTRICTIONS (CC&Rs) AND COMMON AREA
MAINTENANCE; CITYWIDE COMMUNITY FACILITIES DISTRICT (CFD)
197. Common Area Maintenance. Any common areas identified in the Tentative
Tract Map shall be owned and maintained as follows:
a) A permanent master maintenance organization shall be established for
the tentative tract map area, to assume maintenance responsibility for all
common recreation, open space, circulation systems and landscaped
areas. The organization may be public (CFD) or private (e.g.,
homeowners’ association). Merger with an area-wide or regional
organization shall satisfy this condition provided that such organization is
legally and financially capable of assuming the responsibilities for
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.
198. Conditions, Covenants and Restrictions (Public Common Areas). If the
permanent master maintenance organization referenced in the condition entitled
"Common Area Maintenance" is a public organization, the applicant shall convey
to the public organization (anticipated to be CFD) dedication/fee simple title or
necessary easements for all designated publicly maintained open space areas,
free and clear of all liens, taxes, assessments, leases (recorded or unrecorded)
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and easements (except those easements which in the sole discretion of the
public organization are acceptable) in order to access and perform needed
maintenance.
As a condition precedent to the City accepting easements or dedications to such
areas, the Developer / Property Owner shall submit the CC&Rs and supporting
documents along with the current fee to the Public Works / Engineering
Department for review and approval.
Prior to Final map Recordation
199. Maintenance Exhibit. Prior to final map recordation, the Developer / Property
Owner shall prepare an exhibit that shows all open space lots within the project
development tract and the maintenance entity for each lot. The exhibit shall be
reviewed and approved by the Community Development Department and the
Public Works / Engineering Department.
200. CC&R Submittal Process and Timing. Prior to recordation of a final map, the
Developer / Property Owner shall submit to the Public Works / Engineering
Department for review and approval CC&R documents consisting of the
following:
a) One copy and an electronic version of the declaration of CC&R’s. Attached
to these documents there shall be included a legal description of the
property included within the CC&R’s and a scaled map or diagram of such
boundaries, both signed and stamped by a California registered civil
engineer or licensed land surveyor. The declaration of CC&R’s submitted
for review shall:
(i) provide for the establishment of a property owner's or home owner’s
association comprised of the owners of each individual lot or unit as
tenants in common,
(ii) provide for the ownership of the common area by either the property
or home owner's association or a permanent public master
maintenance organization, and
(iii) contain provisions approved by the Public Works/ Engineering
Department, Community Development Department, and the City
Attorney.
b) Include the following provision in the CC&Rs:
(i) The management and maintenance of the project site in accordance
with the Storm Water Pollution Prevention Plans (SWPPPs),
Monitoring Programs, and Post Construction Management Plans to
include the following best management practices (BMPs) to reduce
storm water pollution: Initial residents, occupants, or tenants of this
site shall receive educational materials on good housekeeping
practices which contribute to the protection of storm water quality.
These educational materials shall be provided by the Flood Control
District and shall be distributed by the properties owners'
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association. These materials shall address good housekeeping
practices associated with residential developments, such as:
- Where improper disposal of trash has occurred, the property
owners' association shall take corrective action within forty-
eight hours of discovery.
- The street(s) more particularly described on the tract map,
shall be swept by the responsible party at least once a year.
(ii) Maintenance and access for all associated improvements, open
space lots, WQMP basins, storm drain facilities, and utilities (water,
sewer, etc.).
(iii) Identify a physical feature delineating the maintenance responsibility
between the publicly (CFD) maintained landscaping from the
privately (POA or HOA) maintained landscaping along Valley
Boulevard., Connie Way, Chambers Avenue, and Byers Road.
c) As part of the CC&R document, exhibit(s) identifying the areas or
improvements that will be maintained by the HOA, and the exhibit(s) shall
be consistent with the approved Maintenance Exhibit.
d) A sample document conveying title to the purchaser of an individual lot or
unit which provides that the declaration of CC&Rs is incorporated therein by
reference.
e) Once approved, the Developer / Property Owner shall provide a hard copy
of the CC&R’s wet-signed and notarized to the Public Works / Engineering
Department. The Public Works / Engineering Department shall record the
original declaration of CC&R’s prior to or concurrent with the recordation of
the final map.
f) A deposit to pay for the review of the CC&Rs pursuant to the City’s current
fee schedule at the time the above-referenced documents are submitted to
the Public Works / Engineering Department.
g) If the map is to be record in phases, then each phase shall also record a
correlating CC&Rs.
201. Annexation to the Citywide Community Facilities District (CFD). Prior to, or
concurrent with the recordation of the final map, the Developer / Property Owner
shall complete the annexation of the proposed development, into the boundaries
of the City of Menifee Community Facilities Maintenance District (CFD), such as
CFD 2017-1. 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, street sweeping, pavement maintenance, drainage facilities,
water quality basins, graffiti abatement, public parks and other public
improvements or facilities as approved by the Public Works Director / City
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Engineer. The Developer / Property Owner shall be responsible for all cost
associated with the annexation of the proposed development in the citywide
CFD.
202. CFD Annexation Agreement. In the event timing for this development’s
schedule prevents the Developer / Property Owner from complying with
condition of approval for CFD annexation, the Developer / Property Owner shall
enter into a CFD annexation agreement to allow the annexation to complete after
the recordation of a final map or issuance of a building permit, whichever is
applicable, but prior to issuance of a Certificate of Occupancy. The Developer /
Property Owner shall be responsible for all costs associated with the preparation
of the CFD annexation agreement. The agreement shall be approved by the City
Council prior to final map recordation or building permit issuance.
203. Landscape Improvement Plans for Citywide Community Facilities District
(CFD) Maintenance. Landscape improvements within public ROW and / or
areas dedicated to the City for the citywide CFD to maintain shall comply with
City landscape design guidelines and standards. Plans shall be prepared on a
separate City CFD plan for review and approval by the Public Works /
Engineering Department, and the Community Services Department. The plans
may be prepared for each map phase or as one plan for the entire development
as determined by the Public Works Director / City Engineer. When necessary as
determined by the Public Works Director / City Engineer, a separate WQMP
construction plan on City title block maybe required for review and approval by
the Public Works / Engineering Department prior to issuance of a grading permit.
204. 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.
Prior to Issuance of Certificate Occupancy
205. 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 Public Works / Engineering Department
prior to issuance of a construction permit.
206. Maintenance of CFD Accepted Facilities. All landscaping and appurtenant
facilities to be maintained by the citywide CFD shall be built to City standards.
The Developer / Property Owner 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.
I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
207. Fees and Deposits. Prior to approval of final maps, grading plans, improvement
plans, issuance of building permits, and/or issuance of certificate of occupancy,
the Developer / Property Owner shall pay all fees, deposits as applicable. These
shall include but is not limited to: the regional Transportation Uniform Mitigation
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Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Road & Bridge
Benefit District (RBBD), Development Impact Fees (DIF), Area Drainage Plan
(ADP) Fees and any applicable regional fees. Said fees and deposits shall be
collected at the rate in effect at the time of collection as specified in current City
resolutions and ordinances.
208. WRCOG TUMF. 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 Certificate of
Occupancy issuance.
209. Road Bridge Benefit District (RBBD). This project is within the Menifee Valley
Zone F Road Bridge and Benefit District (RBBD). The applicant shall pay the
RBBD fees based on the designated land use and areas, prior to issuance of a
building permit. Should the project proponent choose to defer the time of
payment, a written request shall be submitted to the City, deferring said payment
from the time of issuance of a building permit to issuance of a certificate of
occupancy. Fees which are deferred shall be based upon the fee schedule in
effect at the time of issuance of the permit of each parcel.
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Section IV:
Building and Safety Department
Conditions of Approval
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General Requirements
210. Final Building & Safety Conditions. Final Building & Safety Conditions will be
addressed when building construction plans are submitted to Building & Safety
for review. These conditions will be based on occupancy, use, the California
Building Code (CBC), and related codes which are enforced at the time of
building plan submittal.
211. Compliance with Code. All Design components shall comply with applicable
current adopted code provisions of the California Building, California Residential
Code, Plumbing and Mechanical Codes; California Electrical Code; California
Administrative Code, California Energy Codes, California Green Building
Standards, California Title 24 Disabled Access Regulations, and City of Menifee
Municipal Code.
212. ADA Access. Applicant shall provide details of all applicable disabled access
provisions and building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building.
b. Van accessible parking located as close as possible to the main entrance of
the building.
c. Accessible path of travel from parking to the furthest point of improvement.
d. Path of accessibility from parking to furthest point of improvement.
e. Accessible path of travel from public right of way to all public areas on site,
such as enclosures, clubhouses and picnic areas.
213. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the
time of plan review, a complete exterior site lighting plan with a “photometric
study” showing compliance with County of Riverside Mount Palomar Ordinance
Number 655 for the regulation of light pollution. All streetlights and other outdoor
lighting shall be shown on electrical plans submitted to the Building & Safety
Department. Any outside lighting shall be hooded and aimed not to shine directly
upon adjoining property or public rights-of-way. All exterior LED light fixtures
shall be 3,000 lumens and below.
214. Street Name Addressing. Applicant must obtain street name addressing for all
proposed buildings by requesting street name addressing and submitting a site
plan for commercial, residential/tract, or multi-family residential projects.
215. Obtain Approvals Prior to Construction. Applicant must obtain all building plans
and permit approvals prior to commencement of any construction work.
216. Obtaining Separate Approvals and Permits. Trash Enclosures, patio covers, light
standards, and any block walls will require separate approvals and permits. Solid
covers are required over new and existing trash enclosures.
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217. Demolition. Demolition permits require separate approvals and permits. AQMD
notification and approval may be required.
218. Sewer and Water Plan Approvals. On-site sewer and water plans will require
separate approvals and permits. A total of 6 sets shall be submitted.
219. Hours of Construction. Signage shall be prominently posted at the entrance of
the project indicating the hours or construction, as allowed by the City of Menifee
Municipal Ordinance 8.01.010, for any site within one-quarter mile of an
occupied residence. The permitted hours of construction are Monday through
Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally
recognized holidays unless approval is obtained from the City Building Official or
City Engineer.
220. House Electrical Meter. Provide a house electrical meter to provide power for the
operation of exterior lighting, irrigation pedestals and fire alarm systems for each
building on the site. Developments with single user buildings shall clearly show
on the plans how the operation of exterior lighting and fire alarm systems when a
house meter is not specifically proposed.
221. Roof Drains. Drainage water collected from a roof, awning, canopy or marquee,
and condensate from mechanical equipment shall not flow over a public walking
surface.
222. Protection of drains and penetration. Protection of joints and penetrations in fire
resistance-rated assemblies shall not be concealed from view until inspected for
all designed fire protection. Required fire seals/fire barriers in fire assemblies at
fire resistant penetrations shall be installed by individuals with classification or
certification covering the installation of these systems. Provide certification for
the installation of each area and certification of compliance for Building
Officials/Fire Marshal’s approval.
At Plan Review Submittal
223. Submitting Plans and Calculations. Applicant must submit to Building & Safety
seven (7) complete sets of plans and two (2) sets of supporting documents, two
(2) sets of calculations for review and approval including:
a. An electrical plan including load calculations and panel schedule, plumbing
schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the
Section 1207, of the current adopted code provisions of the California Building
Code.
c. A precise grading plan to verify accessibility for persons with disabilities.
d. Truss calculations that have been stamped by the engineer of record of the
building and the truss manufacturer engineer. Maybe a deferred submittal.
e. Eastern Municipal Water District (EMWD) First Release Required.
Submittals may also be emailed to Building_submittals@Cityofmenifee.us
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Prior to Issuance of Grading Permits
224. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted
separately from the building plans, shall be submitted to Building & Safety for
review and approval.
225. Demolition Permits. A demolition permit shall be obtained if there is an existing
structure to be removed as part of the project. AQMD shall be notified and a
Permit/Release shall be submitted to Building and Safety, Prior to Permit
Issuance.
Prior to Issuance of Building Permits
226. Plans require Stamp of Registered Professional. Applicant shall provide
appropriate stamp of a registered professional with original signature on the
plans. Electronic Signature is acceptable. All associated Building Fees to be
paid.
227. Each Department is Required to Approve, with a signature.
228. Pre-Construction Meeting. A pre-construction meeting is required with the
building inspector prior to the start of the building construction.
Prior to Temporary Certificate of Occupancy
229. Temporary Certificate of Occupancy. Application and deposit to be submitted, a
minimum of 5 working days Prior to effective date. Each department is
required to provide an Exhibit’ clearly identifying those Conditions of Approval
that remain outstanding with a signature.
Prior to Certificate of Occupancy
230. Each department is required to Review and Approve with a Signature, once ALL
Conditions of Approval have been Met/Approved.
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Section V:
Fire Department Conditions of
Approval
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231. West Fire Protection Planning Office Responsibility. It is the responsibility of
the recipient of these Fire Department conditions to forward them to all
interested parties. The building case number is required on all correspondence.
232. Fuel Modification is required – This project is located in LRA – VERY HIGH FIRE
SEVERITY ZONE. (Plans submitted does not reflect the correct fuel
modifications areas. Please provide legal document of fuel mod on adjacent
properties and how 30 feet of defensible space will be utilized from the
structure)- Fuel modification plan shall consist of zones- for example : Typically
Zone 1 extends from the outermost edge of the structure or append outward to
30 feet AND Zone 2 extends from the edge of Zone 1 outward 70 feet for a total
distance of 100ft or to property line. In combinations is how you meet the 100
feet of defensible space.
233. Provide a detailed technical fire behavior analysis report by a qualified wildland
fire behavior professional. Identify the zones and the types of density, plants,
vegetation, irrigation systems etc. the report shall also include plant palette,
trees, vegetation spacing and fuel canopies.
234. Provide legend on plans that include Botanical Name, Natural growth height, and
natural growth width. Indicate the expected height and width of each species and
a separate symbol for each plant.
235. This project is located in a LRA –VERY HIGH FIRE SEVERITY ZONE and shall
comply with Chapter 7A of the California Building Code. Indicate on plans
Building Construction Features designed in accordance with Chapter 7A of the
California Building Code (CBC)/ Residential Code Section 337 is required for all
structures.
236. When a required maintenance area is located on commonly owned land, while
the required zone is located on home owners land, a written disclosure regarding
the zone and vegetation requirement is required to be signed by the home owner
and the lot number referenced in the CC and R’s.
237. The FMZ shall be maintained in perpetuity for fire safety purpose, in accordance
with recorded covenants and CC and R’s, and property title restrictions.
238. Prior to dropping lumber, call for a Vegetation Clearance Inspection: Prior to
dropping lumber, the developer/builder shall provide a separation of combustible
vegetation for a minimum distance of 100 feet from the location of the structure
and lumber stock pile. An inspection sign-off and/or release letter to the building
department is required
239. This project is located in a Local Very High Fire Hazard Severity Zone. Final fuel
modification plans shall be reviewed and approved by the fire code official
concurrent with the submittal for approval of any final map. Final fuel
modification plans shall be submitted to and approved by the fire code official
prior to the issuance of a grading permit.
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240. This project is located in a Local Very High Fire Hazard Severity Zone and shall
comply with Chapter 7A of the California Building Code.
241. Prior to issuance of Certificate of Occupancy or Building Final, the
applicant/developer shall install a fire sprinkler system based on the information
provided. Fire sprinkler plans shall be submitted and approved by the Office of
the Fire Marshal prior to installation. (CFC Section 903)
242. Prior to issuance of Certificate of Occupancy or Building Final, all residential
dwellings shall display street numbers in a prominent location on the street side
of the residence in such a position that the numbers are easily visible to
approaching emergency vehicles. The numbers shall be located consistently on
each dwelling throughout the development. The numerals shall be no less than
four (4) inches in height. (CFC 505.1)
243. Single Family Dwellings. Approved standard fire hydrants (6” x 4” x 2 ½”) shall
be spaced no more than 500 feet apart in any direction so that no point on the
street is more than 250 feet from a hydrant. Where new water mains are
extended along streets where hydrants are not needed for protection of
structures, standard fire hydrants shall be provided at spacing not to exceed
1000 feet along streets for transportation hazards. (CFC 507.3, Appendix B).
244. Multi-family residences shall display the address in accordance with the
Riverside County Fire Department Premises Identification standard 07-01. (CFC
505.1)
245. Prior to building construction, fire apparatus access roads extending beyond 150
feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 503.2.5)
246. During phased construction, fire apparatus access roads extending beyond 150
feet which have not been completed shall have a turn-around capable of
accommodating fire apparatus. (CFC 503.1 and 503.2.5)
247. If construction is phased, each phase shall provide approved emergency
vehicular access for fire protection prior to any building construction. (CFC
501.4)
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Section VI:
Riverside County Environmental
Health Conditions of Approval
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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).
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC20- was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 12 day of August 2020
by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________
Stephanie Roseen, CMC
Deputy City Clerk
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Diederich, Karwin, Phillips, Thomas, Madrid
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