2012/02/07 Sutter Mitland 01, LLC Audie Murphy - QUIMBY Act - SP 00209 AGREEMENT BY AND BETWEEN
CITY OF MENIFEE AND
AUDIE MURPHY RANCH, LLC
REGARDING COMPLIANCE OF
SPECIFIC PLAN 00209 (SP 00209) —AUDIE MURPHY RANCH
WITH GOVERNMENT CODE SECTION 66477 ("QUIMBY ACT")
This Agreement is made this f day of February, 2012, by and between Sutter
Mitland 01, LLC, Brookfield AMR/RG LLC, Brookfield AMR/FR LLC, Woodside AMR 107,
Inc., Woodside AMR 91, Inc. ("Developer") of a residential housing development within the
Audie Murphy Ranch ("AMR") Specific Plan 00209("Specific Plan 00209"or"Specific Plan"
and the City of Menifee ("City") regarding Developer's compliance with the Quimby Act,
through dedication, construction and acceptance of those parks identified in Specific Plan
00209.
RECITALS
WHEREAS, Developer is required to dedicate, construct and offer for acceptance to
Riverside County Service Area 145 public parks within Planning Area 31, 39 and a portion
of 9 as part of their new residential housing development within AMR as shown in Figure
IVC-26, IVC-27, IVC-27A of Specific Plan 00209 (the "Parks"); and
WHEREAS, the Parks do not include utilization of either fuel modification zones or
slopes in other Planning Areas not intended for park purposes; and
WHEREAS, since approval of the Specific Plan by the County of Riverside, the City
was incorporated and now includes the Specific Plan 00209 area within City boundaries;
and
WHEREAS, as a result of that incorporation, the proposed dedication of such public
parks to the County Service Area 145 will not occur and, instead, such parks will be
dedicated to the City for public use; and
WHEREAS, the current conditions of approval (see Exhibit "A") for all tracts within
the Specific Plan provide that the developer shall take the steps necessary to form a
financing mechanism for the maintenance of such parks; and
WHEREAS,the City has formed CFD Maintenance District 2011-1 ("CFD")for such
park maintenance purposes, which must be completed before the issuance of a Certificate
of Occupancy for any lot within Specific Plan 00209, excluding model complexes; and
WHEREAS,the City has agreed that upon dedication, construction and acceptance
by the City of the Parks, Developer will have fulfilled all Quimby Act requirements and
current park conditions of approval for Specific Plan 00209; and
WHEREAS, Developer shall construct and dedicate the Parks, which will total
approximately 24 acres; and
,-00�
AMR QuimbyREV 1 2/7/2012 V
WHEREAS, the City shall, upon Developer's dedications of the Parks in accordance
with the timing and conditions referenced below, accept such dedications as full
compliance with the Specific Plan and all Quimby Act and/or City requirements, and no fees
or other obligations shall be required by the City.
NOW, THEREFORE, BE IT RESOLVED, found and determined that the Recitals set
out above are true and correct, and in consideration of the conditions, provisions, and
mutual promises contained herein, the parties hereby agree as follows:
I. RESPONSIBILITIES OF DEVELOPER
A. Developer shall build to an acceptable standard.
When designing and building the parks, Developer agrees to follow the
provisions of Riverside County Ordinance No. 460, Section 10.35 and the
guidelines adopted by the City.
B. Developer shall build the parks in a timely manner.
Developer shall secure approval from the City of the park conceptual plan,
approval of construction plans and construction, completion and acceptance
of the Parks at the times set out for performance in accordance with City
approved park conditions, as follows:
Planning Area 39 (10.7ac): Developer shall secure approval of the park
conceptual plan from the City of Menifee before the issuance of the 300th
residential building permit within SP 00209. Developer shall secure approval
of construction plans in writing from the City of Menifee before the issuance
of the 300th residential building permit within SP 00209. The park must be
accepted for 90-day maintenance before the issuance of the 300th residential
occupancy permit within SP 00209.
Planning Area 31 (8.4ac): Developer shall secure approval of the park
conceptual plan from the City of Menifee before the issuance of the 300th
residential building permit within SP 00209. Developer shall secure approval
of construction plans in writing from the City of Menifee before the issuance
of the 300th residential building permit within SP 00209. The park must be
accepted for 90-day maintenance before the issuance of the 650th residential
occupancy permit within SP 00209.
Planning Area 9 (4.9ac): Developer shall secure approval of a minor plot
plan showing the detailed park plans for Planning Area 9 from the City of
Menifee before the issuance of the 1,100th residential building permit within
SP 00209. The plans shall show the landscape and irrigation plans, along
with any playground equipment. The irrigation plans may be deferred at the
discretion of the Community Development Director. The park must be
accepted for 90-day maintenance before the issuance of the 1,40
residential occupancy permit within SP 00209.
AMR QuimbyREV 2 2/7/2012
C. Developer shall provide homebuyer notification regarding CFD.
Developer shall provide all necessary notifications to all future property
owners within this Specific Plan that CFD Maintenance District 2011-1
("CFD") is formed and a special tax will be placed on all parcels within this
project to fund ongoing park maintenance.
D. Park parcels will be free of all liens and encumbrances at the time of
dedication.
Developer shall convey property to the City consistent with Riverside County
Ordinance No. 460, Section 10.35.F.5, as adopted by the City.
II. RESPONSIBILITIES OF CITY
A. City shall endeavor to provide timely assistance.
City shall make reasonable efforts to provide all necessary inspections and
document reviews within reasonable timeframes that assist AMR.
B. City shall credit Developer's dedication of park acreage and
improvements against Quimby fees due.
Upon dedication of park acreage and construction improvements and
acceptance by City of such parks and improvements, Developer will have
satisfied Quimby park requirements per the provisions of Riverside County
Ordinance No. 460. Pursuant to Government Code Section
66477(a)(2)(B(9), the value of such dedicated park acreage, any
improvements thereto, and any equipment located thereon shall be a credit
against the payment of fees or dedication of Land.
III. ASSIGNMENT
AMR, its assigns and successors in interest, shall be bound by the terms and
conditions contained in this Agreement.
IV. MISCELLANEOUS
The prevailing party in any proceeding to enforce this Agreement shall be
entitled to reasonable attorney's fees as determined by the Court.
Modifications to this agreement shall be considered to be binding only if they
are made in writing and signed by the interested parties. No waiver of any
term or conditions of this Agreement shall be a continuing waiver thereof.
AMR QuimbyREV 3 2/7/2012
CITY OF MENIFEE
Dated: By: 7
V
/ ' John V. Denver, Mayor
`ri 'g'�' �`� DEVELOPER
Sutter Mitland 01, LLC, a Delaware limited
liability company
Dated: By:
Dennis Chapman 01dr Pf26!5 f/Ats•A1--
BROOKFIELD AMR/RG LLC, a Delaware limited
liability company
Dated: By:
of
Dennis Chapman, Vice President
BROOKFIELD AMR/FR LLC, a Delaware limited
liability company
Dated: By:
Dennis Chapman
AMR QuimbyREV 4 2/7 2 II"
WOODSIDE AMR 107, INC.
Dated: By:
Tim McGinnis
WOODSIDE AMR 91, INC.
Dated: By:
Tim McGinnis
AMR QuimbyREV 5 2/7/2012
I
Exhibit "A"
CONDITIONS OF APPROVAL
FOR THE FIRST EXTENSION OF TIME FOR TENTATIVE TRACT MAP 31391
CITY OF MENIFEE GENERAL CONDITIONS FOR ALL PHASES
1. Approved Project. The land division hereby permitted is to subdivide 245 acres
into 432 schedule "A" parcels and 17 open space lots.
2. Maintenance of Parks and Landscaping. All parks, trails, landscaping and similar
improvements not maintained by a property owner's association or individual
property owner must be completed and annexed into a Lighting and Landscape
Maintenance District, or other entity directly or through an appropriate mechanism
as determined by the City of Menifee.
3. Fire Facilities Dedications. All fire facilities required by the project shall be
dedicated to the City of Menifee.
4. Park Dedication. All Quimby Act or other park fees or dedication for parkland and
park improvements shall be made or paid to the City of Menifee or other entity
directly or through an appropriate mechanism, as determined by the City of Menifee.
5. Previous Conditions of Approval. These Conditions of Approval and the
subsequent new conditions from the City of Menifee supersede all previous
conditions of approval placed on Tentative Tract Map No. 31391 and all previous
County of Riverside conditions of approval that conflict with these Conditions of
Approval, including any subsequent new conditions from the City of Menifee are
rendered null and void.
6. Conditions in Construction Drawings. Any submittal of construction drawings,
grading plans, improvement plans, etc., shall include a copy of these conditions of
approval (in full) immediately following the cover sheet of such plans.
7. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the City
of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees.
Such fees may include but are not limited to processing fees for the costs of
providing planning services when development entitlement applications are
submitted, which fees are designed to cover the full cost of such services, and
development impact fees to mitigate the impact of the development proposed on
public improvements. To the extent that Menifee may develop future financing
AMR QuimbyREV 1 v /,�,N
I
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.
The developer acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
(applicant initials)
7. Indemnification. The developer/applicant shall indemnify, protect, defend, and
hold harmless, the City and County and any agency or instrumentality thereof,
and/or any of its officers, employees and agents (collectively the "City and County")
from any and all claims, actions, demands, and liabilities arising or alleged to arise
as the result of the applicant's performance or failure to perform under this Plot Plan
or the City's and County's approval thereof, or from any proceedings against or
brought against the City or County, or any agency or instrumentality thereof, or any
of their officers, employees and agents, to attack, set aside, void, annul, or seek
monetary damages resulting from an action by the City or County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including
actions approved by the voters of the City, concerning Tentative Tract Map No.
31391, Specific Plan No. 209, and Environmental Impact Report No. 436.
8. 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 24 hours. Subsequently, the Native American Heritage Commission shall
identify the "most likely descendant" within 48 hours. 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.
10. Inadvertent Archaeological 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, 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 in consultation with the Pechanga Band of
Luiseno Mission Indians. In the event that resources are identified:
AMR QuimbyREV 2
a. All ground disturbance activities within 100 feet of the discovered
cultural resources shall be halted until a meeting is convened between
the developer, the archaeologist, the Pechanga representative and
the Planning Director to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed
and after consultation with the Native American tribal representative
and the archaeologist, a decision shall be made, with the concurrence
of the Pechanga, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
C. Grading of further ground disturbance shall not resume within the area
of the discover until an agreement has been reached by all parties as
to the appropriate mitigation.
11. Prior to Issuance of Grading Permits (Fugitive Dust Control)
The project developer shall implement fugitive dust control measures in accordance
with Southern California Air Quality Management District(SCAQMD) Rule 403.The
project developer shall include in construction contracts the control measures
required under Rule 403 at the time of development, including the following:
(a) Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water sweepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a 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 50 percent;
(b) Water active grading/excavation sites and unpaved surfaces at least three
times daily;
(c) All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
(d) Site access points must be swept/washed within thirty 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;
AMR QuimbyREV 3
(h) All haul trucks hauling soil, sand, and other loose materials on public roads
must either be covered or watered while maintaining two feet of freeboard. If
fugitive dust from vehicles becomes a problem, the City reserves the right to
require all haul trucks to be covered while on public roads commencing upon
7-day written notice;
(i) All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
Q) Install wind breaks at the windward sides of construction areas;
(k) Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
(1) Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute period or more, so as to prevent
excessive amounts of dust;
(m) All haul trucks must have a capacity of no less than twelve and three-quarter
(12.75) cubic yards;
(n) All loads shall be secured by trimming, watering or other appropriate means
to prevent spillage and dust;
(o) Traffic speeds on unpaved roads must be limited to 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 24 hours of their receipt.
AMR QuimbyREV 4
I
Landscaping Conditions
12. General Condition —Viable Landscaping -All plant materials within landscaped
common areas shall be maintained in a viable growth condition throughout the life of
this permit.
13. Prior to Issuance of Occupancy Permits—Front Yard Typical Landscaping-All
front yards shall be provided with landscaping and automatic irrigation as defined by
County Ordinance No. 348. Landscaping and Irrigation shall comply with the
Menifee Municipal Code Chapter 15.04, Riverside County Guide to California
Friendly Landscaping, and Ordinance No. 859 (as adopted and any amendments
thereto) provided that said ordinance has been amended to address residential
tracts. The front yard landscaping must be installed prior to final occupancy release.
14. Prior to Issuance of Occupancy Permits—Landscaping Securities for HOA and
Open Space Lots - Performance securities, in amounts to be determined by the
Community Development Director to guarantee the installation of plantings, irrigation
system, walls and/or fences, in accordance with the approved plan, shall be filed
with the Planning 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 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.
15. Prior to Issuance of Occupancy Permits — Landscape/Irrigation Install
Inspection - The permit holder's landscape architect responsible for preparing the
Landscaping and Irrigation Plans shall arrange for an Installation Inspection with the
Planning Department at least fifteen (15)working days prior to final Inspection of the
structure or issuance of occupancy permit, whichever occurs first. Upon successful
completion of the Installation Inspection and compliance with the Planning
Department's Milestone 80 conditions entitled "MAP-LANDSCAPING SECURITIES
(For HOA and Open Space Lots) and MAP- LANDSCAPE INSPECTION DEPOS,"
both the Planning Department's Landscape Inspector and the permit holder's
landscape architect shall execute a Certificate of Completion that shall be submitted
to the Planning Department and the Department of Building and Safety. Costs
associated with the Installation Inspection will be charged to a landscape deposit
account.
16. Prior to Building Occupancy—Comply with Landscape and Irrigation Plan-All
required landscape planting and irrigation shall have been installed in accordance
with approved Landscaping, Irrigation, and Shading Plans, and City of Menifee
Municipal Code Chapter 15.04, Riverside County Guide to California Landscaping,
Ordinance No. 859 (as adopted and any amendments thereto) provided that said
ordinance has been amended to address residential tracts and any requirements of
AMR QuimbyREV 5
the Eastern Municipal Water District. All landscape and irrigation components shall
be in a condition acceptable to the Planning Department through the implementation
of the Department's Milestone 90 condition entitled "MAP - LNDSCP/IRRIG
INSTALL INS."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.
17. Prior to Building Occupancy—Specimen Trees Required— Landscaping plans
shall incorporate the use of specimen (minimum 15 gallon size) canopy trees along
streets and within the parking areas consistent with Specific Plan 209 Amendment
No. 4. All trees and shrubs shall be drawn to reflect the average specimen size at
15 years of age. All trees shall be double-staked and secured with non-wire ties.
Park Conditions
18. Open Space Lot 444 (Park 40F) - Prior to the Issuance of the 1st Building
Permit in the Tract Map—PRIOR TO THE ISSUANCE OF THE 1 S building permit
in the TRACT MAP or, PRIOR TO THE ISSUANCE OF THE 100th building permit
within the SPECIFIC PLAN,whichever occurs first, the linear park/paseo designated
as Planning Area 40F shall be offered for dedication to the City or an entity
designated by the City of Menifee directly or through an appropriate mechanism as
agreed to by the City and the applicant. Additionally, a minor plot plan application
shall be submitted to and approved by the Planning Department showing the
detailed park plans for Planning Area 40F. The plans shall show the landscape and
irrigation plans, along with any playground equipment. The plans shall be approved
by the City or other entity acceptable to the City of Menifee.
19. Open Space Lot 444 (Park 40F) - Prior to the Issuance of the 3501h Building
Permit in the Tract Map — PRIOR TO THE ISSUANCE OF THE 350thbuilding
permit in the TRACT MAP OR SPECIFIC PLAN,whichever occurs first, the park site
within Open Space Lot 444 (Planning Area 40F) shall be constructed and fully
operable. The annexation to the City or an entity designated by the City of Menifee
or other mechanism as agreed to by the City and the application for maintenance of
Open Space Lot 444 (Park 40F) shall be completed.
20. Open Space Lot 447 (Park 39) — Prior to the Issuance of the 150th Building
Permit in the Tract Map — PRIOR TO THE ISSUANCE OF THE 150thbuilding
permit in the TRACT MAP or, PRIOR TO THE ISSUANCE OF THE 300th building
permit within the SPECIFIC PLAN, whichever occurs first, the park designated as
Open Space Lot 447 (Planning Area 39)shall be offered for dedication to the City or
an entity designated by the City of Menifee or another mechanism as agreed to by
the City and the applicant. Additionally, a minor plot plan application shall be filed
with the Planning Department showing the detailed park plans for Planning Area 39.
The plans shall show the landscape and irrigation plans, along with any playground
AMR QuimbyREV 6
if
I
equipment. The plans shall be approved by the City or an entity designated by the
City of Menifee.
21. Open Space Lot 447 (Park 39) - Prior to the Issuance of the 300th Building
Permit in the Tract Map — PRIOR TO THE ISSUANCE OF THE 300th buildinty
permit within the TRACT MAP, or PRIOR TO THE ISSUANCE OF THE 300t
building permit within the SPECIFIC PLAN, the park site within Open Space Lot 447
(Planning Area 39) shall be constructed and fully operable. The park shall be
maintained by the developer until annexation into a maintenance district or other
mechanism as agreed to by the City.
22. Open Space Lot 447 (Park 39) - Prior to the Issuance of the 350th Building
Permit in the Tract Map — PRIOR TO THE ISSUANCE OF THE 350thbuilding
permit within the TRACT MAP or SPECIFIC PLAN, whichever occurs first,
annexation to the City or an entity designated by the City of Menifee or other
mechanism as agreed to by the City and the application for maintenance of Open
Space Lot 447 (Park 39) shall be completed.
23. Park 31—Prior to the Issuance of the 300th Building Permit in the Specific Plan
—PRIOR TO THE ISSUANCE OF THE 300t building permit in the SPECIFIC PLAN,
the park designated as Planning Area 31, shall be offered for dedication to the City
or other entity acceptable to the City of Menifee. Additionally, a minor plot plan
application shall be submitted to and approved by the Planning Department showing
the detailed park plans for the Planning Area 31. The plans shall show the
landscape and irrigation plans, along with any playground equipment. The plans
shall be approved by The City or other entity acceptable to the City of Menifee.
24. Park 31-Prior to the Issuance of the 650th Building Permit in the Specific Plan
—PRIOR TO THE ISSUANCE OF THE 6501hbuilding permit within the SPECIFIC
PLAN, whichever occurs first, the park site within Planning Area 31 shall be
constructed and fully operable.
25. Park 40E - Prior to the Issuance of the 700th Building Permit in the Specific
Plan - PRIOR TO THE ISSUANCE OF THE 700th building permit within the
SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40E shall be
offered for dedication to the City or other entity acceptable to the City of Menifee.
Additionally, a minor plot plan application shall be submitted to and approved by the
Planning Department showing the detailed park plans for Planning Area 40E. The
plans shall show the landscape and irrigation plans, along with any playground
equipment. The plans shall be approved by The City or other entity acceptable to
the City of Menifee.
26. Park 40B - Prior to the Issuance of the 900th Building Permit in the Specific
Plan - PRIOR TO THE ISSUANCE OF THE 900th building permit within the
SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40B shall be
offered for dedication to the City or other entity acceptable to the City of Menifee.
AMR QuimbyREV 7
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Additionally, a minor plot plan application shall be submitted to and approved by the
Planning Department showing the detailed park plans for Planning Area 40B. The
plans shall show the landscape and irrigation plans, along with any playground
equipment. The plans shall be approved by The City or other entity acceptable to
the City of Menifee.
27. Park 40E- Prior to the Issuance of the 900th Building Permit in the Specific
Plan — PRIOR TO THE ISSUANCE OF THE 900th building permit within the
SPECIFIC PLAN, the park site within Planning Area 40E shall be constructed and
fully operable.
28. Park 40G - Prior to the Issuance of the 900th Building Permit in the Specific
Plan — PRIOR TO THE ISSUANCE OF THE 900th building permit within the
SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40G shall be
offered for dedication to the City or other entity acceptable to the City of Menifee.
Additionally, a minor plot plan application shall be submitted to and approved by the
Planning Department showing the detailed park plans for Planning Area 40G. The
plans shall show the landscape and irrigation plans, along with any playground
equipment. The plans shall be approved by The City or other entity acceptable to
the City of Menifee.
29. Park 40G-Prior to the Issuance of the 1,060th1h Building Permit in the Specific
Plan — The park designated as Planning Area 40G shall be constructed and fully
operational prior to the issuance of the 1,060th building permit.
30. Park 40B-Prior to the Issuance of the 1,100thth Building Permit in the Specific
Plan - PRIOR TO THE ISSUANCE OF THE 1100th building permit within the
SPECIFIC PLAN, the park site within Planning Area 40B shall be constructed and
fully operable.
31. Park 40D-Prior to the Issuance of the 1,100thth Building Permit in the Specific
Plan - PRIOR TO THE ISSUANCE OF THE 1100th building permit within the
SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40D and the
activity park located in Planning Area 9 shall be offered for dedication to the City or
other entity acceptable to the City of Menifee. Additionally, a minor plot plan
application shall be submitted to and approved by the Planning Department showing
the detailed park plans for Planning Area 40D and Planning Area 9. The plans shall
show the landscape and irrigation plans, along with any playground equipment. The
plans shall be approved by The City or other entity acceptable to the City of
Menifee.
32. Park 42- Prior to the Issuance of the 1,250thth Building Permit in the Specific
Plan — PRIOR TO THE ISSUANCE OF THE 1250th building permit within the
SPECIFIC PLAN, the park and community center designated as Planning Area 42
shall be offered for dedication to the City or other entity acceptable to the City of
Menifee. Additionally, a minor plot plan application shall be submitted to and
AMR QuimbyREV 8 �J�/�
approved by the Planning Department showing the detailed park plans for Planning
Area 42. The plans need not be working drawings, but shall show the landscape and
irrigation plans, along with any playground equipment. The plans shall be approved
by The City or other entity acceptable to the City of Menifee prior to approval by the
Planning Department. Proof of such approval shall be submitted to the Planning
Department.
33. Park 42- Prior to the Issuance of the 1,350thth Building Permit in the Specific
Plan — The park and community center designated as Planning Area 42s hall be
constructed and fully operational prior to the issuance of the 1,350th building permit.
34. Park 40D and 9- Prior to the Issuance of the 1,400thth Building Permit in the
Specific Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within
the SPECIFIC PLAN, the park site within Planning Area 40D and Planning Area 9
shall be constructed and fully operable.
35. Park 40C-Prior to the Issuance of the 1,400thth Building Permit in the Specific
Plan - PRIOR TO THE ISSUANCE OF THE 1400th building permit within the
SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40C shall be
offered for dedication to the City or other entity acceptable to the City of Menifee.
Additionally, a minor plot plan application shall be submitted to and approved by the
Planning Department showing the detailed park plans for Planning Area 40C. The
plans shall show the landscape and irrigation plans, along with any playground
equipment. The plans shall be approved by The City or other entity acceptable to
the City of Menifee.
36. Park 40A-Prior to the Issuance of the 1,600thth Building Permit in the Specific
Plan - PRIOR TO THE ISSUANCE OF THE 1600th building permit within the
SPECIFIC PLAN, the linear park/paseo designated as Planning Area 40A shall be
offered for dedication to the City or other entity acceptable to the City of Menifee.
Additionally, a minor plot plan application shall be submitted to and approved by the
Planning Department showing the detailed park plans for Planning Area 40A. The
plans shall show the landscape and irrigation plans, along with any playground
equipment. The plans shall be approved by The City or other entity acceptable to
the City of Menifee.
37. Park 40A-Prior to the Issuance of the 1,800thth Building Permit in the Specific
Plan - PRIOR TO THE ISSUANCE OF THE 1800th building permit within the
SPECIFIC PLAN, the park site within Planning Area 40A shall be constructed and
fully operable.
Open Space Lot Conditions
25. Prior to Occupancy—Open Space_Lot 448—Prior to the final occupancy of any of
the following lots, Lot 34 through Lot 38, Lot 65 through 77, or prior to the issuance
of the 100th building permit, whichever occurs first, the landscaping in the western
AMR QuimbyREV 9
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portion of Open Space Lot 448 as shown on the TENTATIVE MAP shall be installed.
The landscaping, including irrigation, must be consistent with the approved
landscaping plans. To ensure that the landscaping is consistent with the approved
plans a landscape inspection will be required as summarized in the "Landscaping
Installation Inspection."
Prior to the occupancy of any of the following lots, Lot 222, Lot 233 through 240, and
Lot 270 through 271, or prior to the issuance of the 300th building permit, whichever
occurs first, landscaping within the eastern portion of open space Lot 448 as shown
on the TENTATIVE MAP shall be installed. The landscaping, including irrigation,
must be consistent with the approved landscaping plans. To ensure that the
landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
26. Prior to Occupancy—Open Space Lot 446—Prior to the final occupancy of any of
the following lots, Lot 1 through Lot 16, landscaping within open space Lot 446 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
27. Prior to Occupancy—Open Space Lot 443—Prior to the final occupancy of any of
the following lots, Lot 17 through Lot 23, landscaping within open space Lot 433 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
28. Prior to Occupancy—Open Space Lot 442—Prior to the final occupancy of any of
the following lots, Lot 24 through Lot 31, landscaping within open space lot 442 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
29. Prior to Occupancy—Open Space Lot 441 —Prior to the final occupancy of any of
the following lots, Lot 99 through Lot 101, landscaping within open space lot 441 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
30. Prior to Occupancy—Open Space Lot 439—Prior to the final occupancy of any of
the following lot, Lot 266, landscaping within open space lot 439 as shown on the
TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be
consistent with the approved landscaping plans. To ensure that the landscaping is
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consistent with the approved plans a landscape inspection will be required as
summarized in the "Landscaping Installation Inspection."
31. Prior to Occupancy—Open Space Lot 438—Prior to the final occupancy of any of
the following lot, Lot 265, landscaping within open space lot 438 as shown on the
TENTATIVE MAP shall be installed. The landscaping, including irrigation, must be
consistent with the approved landscaping plans. To ensure that the landscaping is
consistent with the approved plans a landscape inspection will be required as
summarized in the "Landscaping Installation Inspection."
32. Prior to Occupancy—Open Space Lot 437—Prior to the final occupancy of any of
the following lots, Lot 256 and Lot 257, landscaping within open space lot 437 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
33. Prior to Occupancy—Open Space Lot 436—Prior to the final occupancy of any of
the following lots, Lot 288 and Lot 289, landscaping within open space lot 436 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
34. Prior to Occupancy—Open Space Lot 435—Prior to the final occupancy of any of
the following lots, Lot 192 and Lot 193, landscaping within open space lot 435 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
35. Prior to Occupancy—Open Space Lot 434—Prior to the final occupancy of any of
the following lots, Lot 361 through Lot 368, landscaping within open space lot 434 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
36. Prior to Occupancy—Open Space Lot 433—Prior to the final occupancy of any of
the following lots, Lot 429 through Lot 432 and Lots 313-316, landscaping within
open space lot 433 as shown on the TENTATIVE MAP shall be installed. The
landscaping, including irrigation, must be consistent with the approved landscaping
plans. To ensure that the landscaping is consistent with the approved plans a
landscape inspection will be required as summarized in the "Landscaping
Installation Inspection."
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37. Prior to Occupancy—Open Space Lot 449—Prior to the final occupancy of any of
the following lots, Lot 171 through Lot 176, landscaping within open space lot 449 as
shown on the TENTATIVE MAP shall be installed. The landscaping, including
irrigation, must be consistent with the approved landscaping plans. To ensure that
the landscaping is consistent with the approved plans a landscape inspection will be
required as summarized in the "Landscaping Installation Inspection."
Engineering Conditions
1. General Condition — MS4 Requirements —The project shall comply with the
applicable provisions of SARWQCB Order No. R8-2010-0033 and NPDES No. CAS
618033 as required by the California and Regional Water Quality Control Board. All
MS4 Permit Features, common landscaping, the Restrictive Covenant, parks and
open space are to be annexed to the Landscape Lighting Maintenance District
("LLMD") or City-designated entity for maintenance, or implemented through any
other means acceptable to the Director of Public Works.
2. General Condition—Concrete Specs—All concrete for public improvements shall
be 3,200 psi, 24 day strength.
3. General Condition - Inspections for Transportation/Engineering COAs — All
inspections required by these conditions shall be conducted by the City of Menifee
or other entity acceptable to the City of Menifee.
4. General Condition—As Builts Required— Provide road, utility, water quality and
flood control as-built drawings prior to the City(LLMD) or other entity accepting any
improvements for maintenance.
5. Prior to Building Permit Issuance—Graffiti Abatement- The project proponent
shall file an application for annexation to Landscaping and Lighting Maintenance
District No. 89-1-Consolidated for graffiti abatement of walls and other permanent
structures along City maintained road rights-of-way or such other mechanism
approved by the City of Menifee.
6. Prior to Building Permit Issuance—Traffic Signals—The project proponent shall
comply in accordance with traffic signal requirements within public road rights-of-
way, as directed by the Engineering/Public Works Department. Assurance of traffic
signal maintenance is required by filing an application for annexation to Landscaping
and Lighting Maintenance District No. 89-1-Consolidated for the required traffic
signal(s).
7. Prior to the Issuance of an Occupancy Permit,— Utility Plan - Electrical power,
telephone, communication, street lighting, and cable television lines shall be
designed to be placed underground in accordance with ordinance 460 and 461, or
as approved by the Engineering Department. The applicant is responsible for
coordinating the work with the serving utility company. This also applies to existing
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overhead lines which are 33.6 kilovolts or below along the project frontage and
between the nearest poles offsite in each direction of the project site. A disposition
note describing the above shall be reflected on design improvement plans whenever
those plans are required. Evidence of project proponent initiating the design and/or
application of the relocation issued by the utility company shall be submitted to the
Engineering Department for verification purposes.
8. Prior to the Issuance of an Occupancy Permit— Bike Lanes—Project applicant
shall be responsible for the design of a striping plan for 10' bike lanes on the south
side of Newport Road and submission to the Engineering department for review and
approval prior to building permit issuance.
9. Prior to Building Permit Issuance—Soil and Subgrade— Prior to building permit
issuance, provide documentation of soil and subgrade compaction for review and
approval by the Engineering Department.
10. Prior to Building Occupancy—Annexation into L&LMD- Prior to issuance of an
occupancy permit,the project proponent shall complete annexation to Landscaping
and Lighting Maintenance District No. 89-1-Consolidated or other mechanism
approved by the City of Menifee for maintenance of traffic signals within public road
rights-of-way and continuous landscape maintenance within public road rights-of-
way, in accordance with Ordinance 461.
11. Prior to Building Occupancy — Graffiti Abatement - Prior to issuance of an
occupancy permit the project proponent shall complete annexation to Landscaping
and Lighting Maintenance District No. 89-1-Consolidated for graffiti abatement of
walls and other
permanent structures along City maintained road rights-of-way or other such
mechanism as the City approves.
12. Prior to Building Occupancy— Utility Installation - Electrical power, telephone,
communication, street lighting, and cable television lines shall be placed
underground in accordance with ordinance 460 and 461, or as approved by the
Engineering Department. This also applies to existing overhead lines which are 33.6
kilovolts or below along the project frontage and between the nearest poles offsite in
each direction of the project site. A certificate or other documentation deemed
acceptable of evidence compliance with this condition by the City should be
obtained from the pertinent utility company or utility subcontractor and submitted to
the Engineering Department as proof of completion.
13. Prior to Building Occupancy— Bike Lane - Project applicant shall submit fee
in lieu of the installation of the bike land striping per the approved striping plan
prior to certificate of occupancy.
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14. Prior to Building Occupancy — Additional Improvements - Prior to the
issuance of the final certificate of occupancy for the last unit in each
respective tract, the following requirements are effective:
Prior to obtaining issuance of encroachment permit from the City to construct a
required 14'wide/200' long/90'transition, designated right turn lane,with adjacent 5'
bike lane, on Newport Road at the intersection of Minor Road (or provide an
alternative right turn lane configuration as approved by the Public Works Director),
Project applicant will dedicate to the City necessary additional right of way for such
designated right turn lane and 5' bike lane and, within 60 days of obtaining from the
City an encroachment permit to construct such Newport improvements, will
commence construction, and complete construction of such improvements within 12
months thereafter.
Upon completion and acceptance of such improvements, City shall credit to Sutter
Mitland 01 LLC an amount equal to the following actual costs, which costs shall be
supported by complete receipts and records and verified by the Public Works
Director.
Direct costs of design of the turn lane and bike trail;
Direct costs of construction of improvements, including construction
management;
Utility relocation (as required of Developer)
Direct costs of temporary detours and security.
Costs of liability and construction insurance as pro-rated for this
construction
City fees and costs (including but not limited to encroachment fees, plan
check and inspections)
Such amount shall be credited against Developer Impact Fees otherwise owing
pursuant to Riverside County Ordinance No. 659, as adopted by the City and as
may be amended, for the following categories of fees for Area Plan 17:
C Transportation - Roads, Bridges, Major Improvements
D Transportation - Signals
H Regional Multipurpose Trails
K Fee Program Administration
15. Prior to Building Occupancy - Advance Street Name Sign — Project applicant
shall install advance street name signs approved by the Engineering Department on
Newport Road for advance warning of intersecting street prior to certificate of
occupancy.
16. Prior to Building Occupancy - Slopes — Prior to certificate of occupancy the
applicant shall install landscaping and irrigation on all slopes exceeding five feet in
height to the satisfaction of the Planning and Engineering departments.
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17. Prior to Building Occupancy -Water Quality— Prior to certificate of occupancy,
and subject to the terms and conditions of, and at the times set forth in the Order for
compliance, all proposed water quality features shall comply with any applicable
requirements of the City's MS4 Permit, Regional Water Quality Control Board Order
No. R8-2010-0033 effective 1/29/2010 or the latest requirements, as it may be
renewed or amended from time to time.
18. Prior to Building Occupancy - BMP Maintenance—This project proposes BMP
facilities that are required to be maintained by a lighting and landscape maintenance
district. To ensure that the initial residents are not unduly burdened with future costs,
prior to certificate of occupancy, the City requires an acceptable financial
mechanism be implemented to provide for maintenance of treatment control BMPs
until turnover to the property owners. This may consist of a mechanism to assess
individual benefiting property owners, or other means approved by the City. The
site's treatment control BMPs must be shown on the project's improvement plans -
either the street plans, grading plans, or landscaping plans. The type of
improvement plans that will show the BMPs will depend on the selected
maintenance entity.
This requirement includes the BMP's on the south side of Salt Creek, opposite of
this Tract and the proportionate share of the annual maintenance cost of the
Restrictive Covenant in Salt Creek once it is accepted for maintenance by the City.
The proportionate share shall be the total annual costs of maintenance including
administration divided by the number of housing units within Audie Murphy Ranch.
The annual maintenance costs will be subject to cost adjustments every other year.
The BMP maintenance plan shall contain provisions for all treatment controlled
BMPs to be inspected, and if required, cleaned no later than October 15 each year.
Required documentation shall identify the entity that will inspect and maintain all
structural BMPs within the project boundaries. A copy of all necessary
documentation shall be submitted to the City for review and approval prior to the
issuance of occupancy permits.
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