PC20-521RESOLUTION NO. PC 20-521
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING TENTATIVE TRACT NO. PLN
19-0012 (TENTATIVE TRACT MAP NO. 37668) LOCATED NORTH OF
SCOTT ROAD AND EAST AND WEST OF LINDENBERGER ROAD
(“SUMAC RIDGE”).
WHEREAS, on July 26, 2019, the applicant, MLC Holdings, Inc., filed a formal
application with the City of Menifee for the approval of Tentative Tract Map No. PLN 19-
0012 for the subdivision of 56.58 gross acres into 175 single-family residential lots with
an average lot size of 7,228 square feet with common area lots for recreation and open
space/preservation located north of Scott Road and east and west of Lindenberger
Road; and,
WHEREAS, on October 28, 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. PLN 19-
0012 (Tentative Tract Map No. 37668), 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 project site is designated 2.1-5 Dwelling Units per Acre -
Residential (2.1-5R) and is zoned as Low Density Residential (LDR-2).
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 175-lot single-
family (detached) residential subdivision with a density of 3.07 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.
However, the project utilizes the City’s cluster development standards
pursuant to Section 9.170 of the City’s Municipal Code. Under Section
9.170, the 7,200 sq. ft. minimum lot size does apply. Lots developed
through cluster development subdivisions may be smaller in size than
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would be allowed by the underlying zone (in this case, 7,200 sq. ft.), so
long as the project generally retains the architectural mass, bulk and
scale of surrounding/existing development and as long as the project
preserves, as much as feasible, other environmentally sensitive areas or
habitat on site. In this case, the project does generally retain the
architectural mass, bulk and scale of the adjacent residential subdivision.
The project will have an average lot size of 7,228 sq. ft. and many of the
lots exceed 7,200 sq. ft.
One of the purposes of the cluster development subdivision code is to
provide “site planning and unity of design in harmony with the natural
features and constraints of specific sites, and particularly on sites with
unique or severe topographic or hydrologic features and biological
resources.” The proposed project site contains a drainage feature,
riparian/riverine habitat and a vernal pool. The proposed design of the
project intentionally avoids these features and therefore meets the intent
of this Section. The project also complies with the development standards
of Section 9.170.
The project is surrounded by properties designated as Rural Residential –
2 Acre Minimum (RR2) to the north, RR2 and City of Murrieta Rural
Residential (RR) to the south, 2.1-5R to the east, and 2.1-5R and
Public/Quasi Public Facilities (PF) to the west. These classifications are
compatible with the existing General Plan designation of the subject site.
In addition, the project site zoning classification is compatible with
surrounding 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
north, south, east, and west, and would utilize existing roadways.
The project is consistent with this policy as it lends to the
concentration of growth in strategic locations and preserves 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.
The project proposes site-adjacent roadway improvements
consistent with City of Menifee General Plan cross sections.
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Sidewalk improvements developed by the project will be utilized by
pedestrians. Thus, the project is consistent with this policy.
• Policy LU-1.7 Ensure neighborhood amenities and public facilities
(natural open space areas, parks, libraries, schools, trails, etc.) are
distributed equitably throughout the City.
The subdivision preserves natural open space, particularly within
the northerly and northwesterly portions of the site where riparian
areas and vernal pools exist. The project also proposes a tot lot
park and trails. Thus, the project is consistent with this policy.
• Policy LU-3.4 Require that approval of new development be
contingent upon the project’s ability to secure appropriate
infrastructure services.
The subdivision includes Conditions of Approval which require
appropriate infrastructure. In addition, the subdivision has been
reviewed and conditioned for consistency with the requirements for
domestic water, fire protection, sewage disposal, fences, and
electrical communication facilities.
• 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 Lindenberger Road, which are consistent with the City’s
General Plan and the City’s Public Works and Engineering
Department Standard Details.
• Policy CD-1.3: Strengthen the identity of individual
neighborhoods/communities with entry monuments, flags, street
signs, and/or special tree streets, landscaping, and lighting.
The project will include signs at the primary project entrance, street
signs, coordinated street trees, landscaping throughout the project
site, and street lamps.
• Policy CD-3.1: Preserve positive characteristics and unique features
of a site during the design and development of a new project; the
relationship to scale and character of adjacent uses should be
considered.
As previously stated, the project proposes a cluster design, in
accordance with Section 9.170, of the Development Code to
preserve an onsite area containing riparian areas and vernal pools,
as well as an archeological and cultural resource. As such, the
project preserves unique features within the site.
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• 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 an off-street walking trail and
sidewalk improvements consistent with this policy.
• 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 pocket park and walking trail along the
northern frontage, which contains existing riparian areas and vernal
pools that would be protected with the project. The project also
proposes a meandering sidewalk along Scott Road frontage,
decorate signage and corner treatments at project entrances,
creating visual interest in the immediate area. A variety of tree
species are located within the riparian habitat area.
• Policy CD-3.19 Design walls and fences that are well integrated in
style with adjacent structures and terrain and utilize landscaping and
vegetation materials to soften their appearance.
The project includes landscaping, as well as street trees, which will
soften the appearance of the perimeter and site interior walls. The
walls that will be visible to the public will be constructed of
decorative masonry block and pilasters which will be well integrated
with the adjacent tracts to the south and to the east along Scott
Road which also contain decorative masonry block walls.
• 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.
• 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.
The Tentative Tract Map will provide an off-street walking trail and
sidewalk improvements consistent with this policy.
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
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supporting moderate and above-moderate income housing. The
proposed project has a density of 3.07 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 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 or other features that
would be incompatible with the proposed development. The onsite
riparian areas, vernal pools, and archaeological/cultural resources would
be avoided by the project. The site is bounded by residential
developments to the south, east, 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:
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1. Not 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.
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 single-family residences to the south, east, and west.
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 solar amenities. The project will be consistent with the
development code and the requirements of California Code of
Regulations of Title 24, including requirements for energy efficiency,
thermal insulation, and solar panels.
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.
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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: Consistent with Subdivision Map Act Section 66474.02 for Projects within
State Responsibility Areas or Very High Fire Hazard Severity Zones.
The site is not located within a State Responsibility Area (SRA) or a High
Fire Severity Zone. The project would be subject to compliance with the
California Fire Code and to regulations pertaining to fire protection within
MMC Chapter 8.20.
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.
Access has been designed in cooperation with the Fire Department so as
to provided adequate access to the project and surrounding properties to
the east and west thereby meeting Fire Department design requirements
of Section 4290 of the Public Resources Code.
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee
hereby approves Tentative Tract Map No. PLN 19-0012 subject to the following:
1. The Findings set out above are true and correct; and
2. Tentative Tract Map No. PLN 19-0012 (TR 37668) is hereby approved
subject to the Conditions of Approval set forth in Exhibit “1” to this
Resolution.
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TR 19-0012 Resolution
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PASSED, APPROVED AND ADOPTED this the 28th day of October, 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. PLN 19-0012 (TTM 37668)
Project Description: Tentative Tract Map No. PLN 19-0012 (TTM 37668)
proposes a subdivision of approximately 56.58 acres gross
acres into 175 single-family residential lots ranging in size
from 4,835 to 12,480 square feet (sf) (with an average lot
size of 7,228 sf). The subdivision also creates twenty-eight
lettered lots allocated for open space/water quality (9.73
acres), open space/entry monuments (0.07 acres), and
riparian/vernal pool preservation (2.36 acres). The proposal
also includes recreational amenities consisting of a passive
walking trail and 0.21-acre pocket park with tot lot. The
project site is currently vacant.
The project is located north of Scott Road and west and east
of Lindenberger Road (Assessor’s Parcel No: 372-190-001
and -003, 372-160-006 through -008, and 372-160-013).
Assessor's Parcel No.: 372-190-001, 372-190-003, 372-160-006, 372-160-007, 372-
160-008, 372-160-013.
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 Dwelling Unit
Approval Date: October 28, 2020
Expiration Date: October 28, 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 (NOD) 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
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required are paid.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold
harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors,
consultants, and agents from and against any and all claims, liabilities, losses,
fines, penalties, and expenses, including without limitation litigation expenses
and attorney’s fees, arising out of either the City’s approval of the Project or
actions related to the Property or the acts, omissions, or operations of the
applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising
the applicant/developer with respect to the ownership, planning, design,
construction, and maintenance of the Project and the Property for which the
Project is being approved. In addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification
agreement with the City. The indemnification agreement shall be substantially
the same as the form agreement currently on file with the City.
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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. PLN 19-0012 (Tentative
Tract Map No. 37668) shall be henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean
the Permittee of this project.
TENTATIVE MAP = APPROVED EXHIBIT A = Tentative Tract Map No. 37668
dated September 17, 2020.
APPROVED EXHIBIT L= Conceptual Landscaping Plan dated September 17,
2020
FINAL MAP = Final 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. Perimeter Walls. Perimeter walls shall be located a minimum of three (3) feet
back from retaining walls (when retaining is located on the exterior side of the
perimeter walls) to allow for the planting of landscaping.
FEES
16. Subsequent Submittals. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan
or mitigation monitoring review, shall be reviewed on an hourly basis (research
fee), or other such review fee as may be in effect at the time of submittal, as
required by Resolution No. 18-741 (Cost of Services Fee Study), or any
successor thereto. Each submittal shall be accompanied with a letter clearly
indicating which condition or conditions the submittal is intended to comply
with.
ARCHEOLOGY/PALEONTOLOGY
17. Cultural Resources Disposition. In the event that Native American cultural
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resources are discovered during the course of grading (inadvertent
discoveries), the following procedures shall be carried out for final disposition of
the discoveries:
a) One or more of the following treatments, in order of preference, shall be
employed with the tribes. Evidence of such shall be provided to the City
of Menifee Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in
the place where they were found with no development affecting the
integrity of the resources.
ii. Reburial of the resources on the Project property. The measures for
reburial shall include, at least, the following: Measures and
provisions to protect the future reburial area from any future impacts
in perpetuity. Reburial shall not occur until all legally required
cataloging and basic recordation have been completed, with an
exception that sacred items, burial goods and Native American
human remains are excluded. Any reburial process shall be
culturally appropriate. Listing of contents and location of the reburial
shall be included in the confidential Phase IV report. The Phase IV
Report shall be filed with the City under a confidential cover and not
subject to Public Records Request.
iii. If preservation in place or reburial is not feasible then the resources
shall be curated in a culturally appropriate manner at a Riverside
County curation facility that meets State Resources Department
Office of Historic Preservation Guidelines for the Curation of
Archaeological Resources ensuring access and use pursuant to the
Guidelines. The collection and associated records shall be
transferred, including title, and are to be accompanied by payment
of the fees necessary for permanent curation. Evidence of curation
in the form of a letter from the curation facility stating that subject
archaeological materials have been received and that all fees have
been paid, shall be provided by the landowner to the City. There
shall be no destructive or invasive testing on sacred items, burial
goods and Native American human remains. Results concerning
finds of any inadvertent discoveries shall be included in the Phase
IV monitoring report.
18. Inadvertent 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
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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 to the City for their review and approval prior to
implementation of the said plan.
vi. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the
preferred method of preservation for archaeological resources and
cultural resources. If the landowner and the Tribe(s) cannot agree on
the significance or the mitigation for the archaeological or cultural
resources, these issues will be presented to the City Community
Development Director for decision. The City Community Development
Director shall make the determination based on the provisions of the
California Environmental Quality Act with respect to archaeological
resources, recommendations of the project archeologist and shall take
into account the cultural and religious principles and practices of the
Tribe. Notwithstanding any other rights available under the law, the
decision of the City Community Development Director shall be
appealable to the City Planning Commission and/or City Council.
19. 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
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remains as provided in Public Resources Code Section 5097.98.
20. 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).
21. Inadvertent Paleontological Find. Should fossil remains be encountered
during site development:
1) All site earthmoving shall be ceased in the area of where the fossil
remains are encountered. Earthmoving activities may be diverted to
other areas of the site.
2) The applicant shall retain a qualified paleontologist approved by the
County of Riverside.
3) The paleontologist shall determine the significance of the encountered
fossil remains.
4) Paleontological monitoring of earthmoving activities will continue
thereafter on an as-needed basis by the paleontologist during all
earthmoving activities that may expose sensitive strata. Earthmoving
activities in areas of the project area where previously undisturbed
strata will be buried but not otherwise disturbed will not be monitored.
The supervising paleontologist will have the authority to reduce
monitoring once he/she determines the probability of encountering any
additional fossils has dropped below an acceptable level.
5) If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the
fossil site and the paleontologist called to the site immediately to
recover the remains.
6) Any recovered fossil remains will be prepared to the point of
identification and identified to the lowest taxonomic level possible by
knowledgeable paleontologists. The remains then will be curated
(assigned and labeled with museum* repository fossil specimen
numbers and corresponding fossil site numbers, as appropriate; places
in specimen trays and, if necessary, vials with completed specimen data
cards) and catalogued, an associated specimen data and
corresponding geologic and geographic site data will be archived
(specimen and site numbers and corresponding data entered into
appropriate museum repository catalogs and computerized data bases)
at the museum repository by a laboratory technician. The remains will
then be accessioned into the museum* repository fossil collection,
where they will be permanently stored, maintained, and, along with
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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
22. 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.
23. 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.
24. 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).
25. 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.
26. 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
27. Preliminary Phase Grading. Prior to the approval of an application for a
division into units or phasing plan for the TENTATIVE MAP, a conceptual
grading plan covering the entire TENTATIVE MAP shall be submitted to the
City of Menifee Community Development Department for review and approval.
The preliminary grading plan shall comply with the following:
1. Techniques which will be used to prevent erosion and sedimentation during
and after grading process shall be depicted and documented.
2. Approximate time frames for grading and areas which may be graded
during the higher probability rain months of January through March shall
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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.
28. 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
Title 7 of the City Municipal Code (Subdivision Ordinance).
PRIOR TO FINAL MAP
29. 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.
30. 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.
31. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
32. Surveyor Checklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall have a minimum lot size as allowed under
Section 9.170 of the City Development Code (“Cluster Development
Subdivision”) and in substantial conformance with Approved Exhibit A.
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.
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E. All existing and proposed easements shall be identified on the FINAL MAP.
33. 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 ___.
34. 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.”
35. ECS Note on Riparian Area and Vernal Pools. The following Environmental
Constraints Note shall be placed on the ECS:
“No permits allowing any grading, construction, or surface alterations shall
be issued which effect the delineated riparian areas (Lot W) and the vernal
pools (Lot X) without further investigation and/or mitigation as directed by
the City of Menifee Community Development Department".
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
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
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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. 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:
• Prior to approval of grading plans and/or issuance of building permits,
plans shall include a note indicating that noise-generating Project
construction activities shall only occur Monday through Saturday,
except nationally recognized holidays, 6:30 a.m. to 7:00 p.m. (City of
Menifee Municipal Code, 9.210.060(c)). The Project construction
supervisor shall ensure compliance with the note and the City shall
conduct periodic inspection at its discretion.
• During all Project site construction, the construction contractors shall
equip all construction equipment, fixed or mobile, with properly
operating and maintained mufflers, consistent with manufacturers’
standards. The construction contractor shall place all stationary
construction equipment so that emitted noise is directed away from the
noise sensitive receptors nearest the Project site.
• The construction contractor shall locate equipment staging in areas that
will create the greatest distance between construction-related noise
sources and noise-sensitive receivers nearest the Project site (i.e., to
the west or center) during all Project construction.
• The construction contractor shall limit haul truck deliveries to the same
hours specified for construction equipment (Monday through Saturday,
except nationally recognized holidays, 6:30 a.m. to 7:00 p.m.). The
contractor shall design delivery routes to minimize the exposure of
sensitive land uses or residential dwellings to delivery truck-related
noise.
42. 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 56.58 acres (gross) in accordance with Tentative Tract Map
No. 37668. If the development is subsequently revised, this acreage amount
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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.
43. 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.
44. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management
District (SCAQMD) Rule 403. The permittee shall include in construction
contracts the control measures required under Rule 403 at the time of
development, including the following:
a. Use watering to control dust generation during demolition of structures
or break-up of pavement. The construction area and vicinity (500-foot
radius) must be swept (preferably with water weepers) and watered at
least twice daily. Site wetting must occur often enough to maintain a
ten (10) percent surface soil moisture content throughout all earth
moving activities. All unpaved demolition and construction areas shall
be wetted at least twice daily during excavation and construction, and
temporary dust covers shall be used to reduce dust emissions and meet
SCAQMD District Rule 403. Wetting could reduce fugitive dust by as
much as fifty percent (50%).
b. Water active grading/excavation sites and unpaved surfaces at least
three (3) times daily;
c. All paved roads, parking and staging areas must be watered at least
once every two (2) hours of active operations;
d. Site access points must be swept/washed within thirty (30) minutes of
visible dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either
be covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis
when there is evidence of wind drive fugitive dust;
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j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed twenty-five (25) mph;
l. Suspend excavation and grading activity when winds (instantaneous
gusts) exceed fifteen (15) miles per hour over a thirty (30) minute period
or more, so as to prevent excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate
means to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to fifteen (15) miles per
hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from
the site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
r. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first
and second stage smog alerts; and,
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
45. 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. If it is determined that the project site is
occupied by the Burrowing Owl, take of "active" nests shall be avoided
pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the
Burrowing Owl is present, relocation outside of the nesting season (March 1
through August 31) by a qualified biologist shall be required. The City Biologist
shall be consulted to determine appropriate type of relocation (active or
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passive) and translocation sites. Occupation of this species on the project site
may result in the need to revise grading plans so that take of "active" nests is
avoided or alternatively, a grading permit may be issued once the species has
been actively relocated.
If the grading permit is not obtained within 30 days of the survey a new survey
shall be required.
No ground disturbance, including disking, blading, grubbing or any similar
activity shall occur within the site until the burrowing owl study is reviewed and
approved.
46. Raptors and Nesting Bird Protection. To avoid impacting nesting birds, one
of the following must be implemented:
Conduct grading activities from September 16th through January 31st, when
birds are not likely to be nesting on the site; OR
Conduct pre-construction surveys for nesting birds if construction is to take
place during the nesting season (February 1st through September 15th). A
qualified wildlife biologist shall conduct a pre-construction nest survey no more
than 14 days prior to initiation of grading to provide confirmation of the
presence or absence of active nests on or immediately adjacent to the project
site.
If active nests are encountered, species-specific measures shall be prepared
by a qualified biologist and implemented to prevent abandonment of the active
nest. At a minimum, grading in the vicinity of the nest shall be deferred until the
young birds have fledged. A minimum exclusion buffer of 100 feet shall be
maintained during construction, depending on the species and location. The
perimeter of the nest-setback zone shall be fenced or adequately demarcated
with staked flagging at 20-foot intervals, and construction personnel and
activities restricted from the area. A survey report by the qualified biologist
verifying that (1) no active nests are present, or (2) that the young have
fledged, shall be submitted to the City prior to initiation of grading in the nest-
setback zone. The qualified biologist shall serve as a construction monitor
during those periods when construction activities occur near active nest areas
to ensure that no inadvertent impacts on these nests occur. A report of the
findings prepared by a qualified biologist shall be submitted to the City prior to
ground disturbance and/or issuance of a grading permit.
47. 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.
ARCHEOLOGY
48. 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
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resources.
The Project Archaeologist and the Tribal monitor(s) shall manage and oversee
monitoring for all initial ground disturbing activities and excavation of each
portion of the project site including clearing, grubbing, tree removals, mass or
rough grading, trenching, stockpiling of materials, rock crushing, structure
demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall
have the authority to temporarily divert, redirect or halt the ground disturbance
activities to allow identification, evaluation, and potential recovery of cultural
resources in coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract
to the Community Development Department to ensure compliance with this
condition of approval. Upon verification, the Community Development
Department shall clear this condition.
In addition, the Project Archaeologist, in consultation with the Consulting
Tribe(s), the contractor, and the City, shall develop a Cultural Resources
Management Plan (CRMP) in consultation pursuant to the definition in AB52 to
address the details, timing and responsibility of all archaeological and cultural
activities that will occur on the project site. A consulting tribe is defined as a
tribe that initiated the AB 52 tribal consultation process for the Project, has not
opted out of the AB52 consultation process, and has completed AB 52
consultation with the City as provided for in Cal Pub Res Code Section
21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a) Project grading and development scheduling;
b) The Project archeologist and the Consulting Tribes(s) shall attend the
pre-grading meeting with the City, the construction manager and any
contractors and will conduct a mandatory Cultural Resources Worker
Sensitivity Training to those in attendance. The Training will include a
brief review of the cultural sensitivity of the Project and the surrounding
area; what resources could potentially be identified during earthmoving
activities; the requirements of the monitoring program; the protocols that
apply in the event inadvertent discoveries of cultural resources are
identified, including who to contact and appropriate avoidance
measures until the find(s) can be properly evaluated; and any other
appropriate protocols. All new construction personnel that will conduct
earthwork or grading activities that begin work on the Project following
the initial Training must take the Cultural Sensitivity Training prior to
beginning work and the Project archaeologist and Consulting Tribe(s)
shall make themselves available to provide the training on an as-
needed basis;
c) The protocols and stipulations that the contractor, City, Consulting
Tribe(s) and Project archaeologist will follow in the event of inadvertent
cultural resources discoveries, including any newly discovered cultural
resource deposits that shall be subject to a cultural resources
evaluation.
49. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required
on-site during all ground-disturbing activities, including grading, stockpiling of
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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.
50. 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.
51. 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 Tentative Tract
Map and shall conduct any pre-construction work necessary to render
appropriate monitoring and mitigation requirements as appropriate. These
requirements shall be documented by the project paleontologist in a
Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP
shall be submitted to the Community Development Department for review and
approval prior to issuance of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to
other industry standard and Society of Vertebrate Paleontology standards, are
as follows:
A. The project paleontologist shall participate in a pre-construction project
meeting with development staff and construction operations to ensure
an understanding of any mitigation measures required during
construction, as applicable.
B. Paleontological monitoring of earthmoving activities will be conducted on
an as-needed basis by the project paleontologist during all earthmoving
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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 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,
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Professional Engineer, etc.), as appropriate. Two wet-signed original copies of
the report shall be submitted directly to the Community Development
Department along with a copy of this condition, deposit-based fee and the
grading plan for appropriate case processing and tracking.
PRIOR TO ISSUANCE OF BUILDING PERMITS
52. 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.
53. Conform Final Site Plan. The building plans shall be consistent with the
elevations of the final site of development plans (required below under
condition titled “Final Site of Development Plan.”). The building plans shall be
reviewed for consistency with the final site of development plans prior to
Building Permit issuance.
54. 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”.
55. 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.
56. Utilities Underground. All utility extensions within a lot shall be placed
underground.
57. 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.
58. Parking. Parking spaces are required in accordance with the Menifee
Municipal Code. All parking areas and driveways shall be surfaced to current
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standards as approved by the City of Menifee Engineering Department.
59. Lighting. Prior to the issuance of building permits, all outdoor lighting shall be
shown on electrical plans submitted to the Department of Building and Safety
for Plan Check approval and shall comply with the requirements of the City of
Menifee Municipal Code Chapter 6.01.
MINOR PLANS REQUIRED
60. Final Site of Development Plan. A plot plan application shall be submitted to
the Community Development Department pursuant to the Menifee Municipal
Code, 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.
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.
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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.
61. 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.
8) All basins for drainage and/or water quality shall be screened from view
with landscaping.
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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 plan may include the requirements of any other minor
plot plan required by the subdivision conditions of approval. However, minor
plot plan conditions of approval shall be cleared individually.
Landscaping plans for areas that are totally within the road right-of-way shall be
submitted to the Engineering and Public Works Department ONLY.
Landscaping plans for areas proposed to be maintained by the City Community
Facilities District shall be submitted to the Engineering and Public Works
Department.
WQMP Treatment Devices. All WQMP treatment 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.
62. 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 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. Northwest and northeast corner of the intersection Scott Road and
Lindenberger Road.
2. A color photo simulation of a frontal view of all/the entry monument(s)
and gate(s) with landscaping.
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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.
63. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to the Menifee Municipal Code,
along with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers,
tract number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off-street parking spaces per model and one
parking space for office use. The plan must have one accessible
parking space.
4) Show detailed fencing plan including height and location.
5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the
sample board and colored elevations shall be submitted for permanent
filing and agency distribution after the Community Development
Department has reviewed and approved the sample board and colored
elevations. 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.
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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.
64. 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.
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
65. 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.
66. 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
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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).
67. 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.
68. 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
69. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit based fees for project are in a
negative balance. If so, any outstanding fees shall be paid by the permittee.
70. Menifee School District. Impacts to the Menifee School District shall be
mitigated in accordance with California State law.
71. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
72. 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
73. 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
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Director may require inspection or other monitoring to ensure such compliance.
74. 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).
75. 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.
76. 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.
77. Entry Monuments. Prior to the first occupancy within the tract, entry
monuments shall be installed in accordance with the approved entry 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.
78. 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.
79. Driveways. The land divider/permit holder shall cause all driveways to be
constructed of cement concrete.
80. Roll Up Garage Doors. All residences shall have automatic roll-up garage
doors.
81. 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
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82. 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?”
83. 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.
84. Landscape Installation. All required landscape planting and irrigation, shall
have been installed in accordance with approved Landscaping, Irrigation, and
Shading Plans, Menifee Municipal Code (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.
85. 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
86. 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.
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87. 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.
88. 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.
89. Fees. Prior to issuance of occupancy/final inspections, the Community
Development Department shall determine if the deposit based fees for project
are in a negative balance. If so, any outstanding fees shall be paid by the
permittee.
PRIOR TO ISSUANCE OF GIVEN BUILDING PERMIT OR OCCUPANCY
90. Landscaping and Recreation Amenities Installation. Landscaping,
irrigation and amenities shall be installed in accordance with the conditions
noted below. Landscaping directly adjacent to residential lots will be installed
prior to the occupancy of the lots the landscaping is located adjacent to.
For the larger landscaped areas, the timing is as follows:
Open Space Lot C (Park). Prior to issuance of a certificate of occupancy
for the 32nd production unit within the portion of the project site east of
Lindenberger Road or prior to issuance of a certificate of occupancy for the
87th production unit within the overall project site, whichever occurs first, all
landscaping and irrigation within Open Space Lot C shall be installed,
inspections completed and passed and performance securities posted.
Open Space Lots A (Paseo). Prior to issuance of a certificate of
occupancy for the 87th production unit within the overall tract, all
landscaping and irrigation within Open Space Lot A, as well as the looping
trail within Lot A, shall be installed, inspections completed and passed and
performance securities posted.
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Open Space Lots Adjacent to Eagle Road. The open space landscaping
and irrigation lots located adjacent to Eagle Road as shown on the
Tentative Map shall be installed prior to issuance of a certificate of
occupancy for any production unit in the westerly portion of the tract (area
west of Lindenberger Road).
Open Space Lots Adjacent to Lindenberger and Scott Road. The open
space landscaping and irrigation lots located adjacent to Scott Road and
Lindenberger Road as shown on the Tentative Map shall be installed prior
to issuance of a certificate of occupancy for the 1st production unit in the
tract.
Entry Monuments. Prior to the issuance of a certificate of occupancy for
the 1st production unit within the tract, entry monuments shall be installed in
accordance with Approved Exhibit L, to the satisfaction of the Community
Development Director.
Trails. Prior to issuance of a certificate of occupancy for the 1st production
unit within the overall tract, or as determined by the Engineering and Public
Works Department, whichever occurs first, the trail along Lindenberger
Road and Soctt Road shall be installed, inspections completed and passed
and performance securities posted.
The Community Development Director shall have the ability to modify or defer
the installation of the landscaping as noted above, but may require
performance securities and additional deposits to cover administrative costs.
Under no circumstance shall landscaping be deferred if 80% of the units has
been issued permits.
The installation of landscaping within open space area that will be maintained
by the Community Facilities District (CFD) can be modified or deferred by the
Engineering and Public Works Department.
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Section III: Public
Works/Engineering Conditions of
Approval
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The following are the Public Works / Engineering Department Conditions of Approval for
this development 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 CONDITIONS
91. Subdivision Map Act – The developer / property owner shall comply with the
State of California Subdivision Map Act.
92. Conditions of Approval Supersede Plans, Maps and Exhibits – It is
understood that all required plans, maps and exhibits for this project must
correctly show existing and proposed facilities, dimensions, centerline
elevations, all existing easements, traveled ways, cross sections, and other
required information. Any omission or unacceptability may require this
documentation to be resubmitted for further consideration. In the event that
there is a conflict between what is shown on the required plans, maps and
exhibits and these conditions, these conditions will supersede what is shown
on the plans, maps and exhibits. All questions regarding the true meaning of
these conditions shall be referred to the Public Works / Engineering
Department.
93. Guarantee for Required Improvements – 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, financial security
shall be provided to guarantee the construction of all required improvements
associated with each phase of construction. An exception to this condition may
be allowed for the landscaping improvements. The Public Works Director /
City Engineer may require the dedication and construction of necessary
utilities, streets or other improvements outside the area of any particular map
phase (if the map is phased) if the improvements are needed for circulation,
parking and access or for the welfare and safety of future occupants of the
development project.
94. Bond Agreements and Improvement Security – To guarantee the
construction of all required improvements, the developer / property owner shall
enter into security agreements and post bonds in accordance with applicable
City policies and ordinances. The improvements shall include as applicable,
but not be limited to, the following: onsite / offsite grading, street
improvements, street lights, traffic signals, signing and striping, water / sewer /
recycled water improvements, water quality Best Management Practices
(BMPs), and storm drainage facilities.
95. Existing and Proposed Easements – The submitted plot plan shall correctly
show all existing and proposed easements, traveled ways, and drainage
courses with appropriate drainage flows. The plot plan shall also correctly
show all proposed easements and dedications to support the development
project. Any omission or misrepresentation of these documents may require
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said plot plan to be resubmitted for further consideration.
96. Engineered Plans – All improvement plans and grading plans shall be drawn
on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered
civil engineer or other registered / licensed professional as required.
97. Plan Check Submittal Process – Appropriate plan check submittal forms
shall be completed and submittal check list provided that includes required
plan copies, necessary studies / reports, references, fees, deposits, etc. Prior
to final approval of improvement plans by the Public Works / Engineering
Department, the developer / property owner shall submit to the Public Works /
Engineering Department CAD layers of all improvements to be maintained by
the City (catch basins, street lights, landscaping, 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
to the Public Works / Engineering Department, in one of the following formats:
(a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx
and .dbf) and (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.
98. Final Map Submittal Process – Appropriate final map plan check submittal
forms shall be completed and appropriate fees or deposits paid. Prior to
approval of the final map by the City Council, the developer / property owner
shall provide along with the final map mylars, electronic files of the final map
on Compact Disc (CD), in one of the following formats: (a) Auto CAD DXF, (b)
GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) and (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.
99. Plan Approvals – All required improvement plans and grading plans must be
approved by the Public Works / Engineering Department prior to recordation of
a final map for which the improvements are required, or prior to issuance of
any construction and / or grading permit, whichever comes first and as
determined by the Public Works Director / City Engineer. An exception to this
condition may be allowed for the landscaping improvements. Supporting City-
approved studies including, but not limited to, hydrologic and hydraulic studies
and traffic studies, must be provided prior to approval of plans.
100. 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 Compact
Disc (CD) to the Public Works / Engineering Department, in one of the
following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI
extensions .shp, .shx and .dbf) and (c) Geodatabase (made up of ESRI
extension .gdb). If the required files are unavailable, the developer / property
owner may be required to 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 / City Engineer.
101. Construction Activities and Times of Operation – The developer / property
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owner shall monitor, supervise, and control all construction and construction
related activities to prevent them from causing a public nuisance including, but
not limited to, strict adherence to the following:
(a) Any construction within the City located within one-fourth (1/4) of a mile
from an occupied residence shall be permitted Monday through
Saturday, except nationally recognized holidays, 6:30 A.M. to 7:00 P.M.
There shall be no construction permitted on Sunday or nationally
recognized holidays unless approval is obtained from the City Building
Official or City Engineer. (City of Menifee Municipal Code Section
8.01.010)
(b) All spoils, debris, or other construction materials deposited on any
public street shall be removed no later than the end of each working
day.
(c) The construction site shall accommodate the parking of all motor
vehicles used by persons working at or providing deliveries to the site.
(d) A Pre-Construction meeting is mandatory with the City’s Public Works
Senior Inspector prior to start of any construction activities for this site.
Violation of any condition or restriction or prohibition set forth in these
conditions shall subject the developer / property owner to remedies as set forth
in the City of Menifee Municipal Code. Additionally, the Public Works Director /
City Engineer or the Building Official may suspend all construction-related
activities for violation of any condition, restriction or prohibition set forth in
these conditions until such a time that it has been determined that all
operations and activities are in conformance with these conditions.
102. Dry Utility Installations – Electrical power, telephone, communication, street
lighting, and cable television lines shall be placed underground in accordance
with current City ordinances, or as approved by the Public Works Director /
City Engineer. This applies also to existing overhead lines which are 33.6
kilovolts or below along the project frontage and within the project boundaries.
In cases where 33.6kV or below lines are collocated with high voltage lines (for
example, 115kV), the low voltage lines shall still 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.
B. GRADING
All grading activities shall conform to City of Menifee Chapter 8.26 – Grading Regulations
and applicable City design standards and specifications, City ordinances, policies, rules
and regulations governing grading in the City.
Prior to Issuance of Grading Permit:
103. Geotechnical Report – The following documentation was reviewed and
approved by the City:
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(a) “Due Diligence / Feasibility Geotechnical Assessment, prepared by Petra
Geosciences, Inc., J.N. 18-248, dated July 20, 2018
Since the above-referenced report was a feasibility- or planning-level study, a
project-specific final geotechnical report should be submitted for review and
approval by the Public Works / Engineering Department prior to issuance of
any grading permit. As required by the City, the project-specific final
geotechnical report should address and provide recommendations for the
pertinent geotechnical issues, and be prepared in accordance with the criteria
outlined in the Due-Diligence / Feasibility Geotechnical Assessment. Two
copies of the 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 final geotechnical report and City
standards and specifications. All grading shall be done in conformance with
the recommendations of the final geotechnical report, and under the general
direction of a licensed geotechnical engineer.
104. Grading Permit for Clearing and Grubbing – A grading permit is required
from the Public Works / Engineering Department prior to any clearing,
grubbing, or any topsoil disturbances related to construction grading activities.
105. Erosion Control Plans – All grading plans shall require erosion control plans
prior to approval. Graded but undeveloped land shall provide, in addition to
erosion control measures, drainage facilities deemed necessary to control or
prevent erosion. Erosion and sediment control BMPs are required year-round
in compliance with the National Pollutant Discharge Elimination System
(NPDES) Construction General Permit (CGP) from the State Water Resources
Control Board (SWRCB). Additional erosion protection may be required during
or before an anticipated rain event.
106. Compliance with NPDES Construction General Permit (CGP) – The
developer / property owner shall comply with the NPDES CGP from the
SWRCB. Prior to approval of the grading plans or issuance of any grading
permit, the developer / property owner shall obtain a CGP from the SWRCB.
Proof of filing a Notice of Intent and monitoring plan, shall be submitted to the
City; and the WDID number issued by the SWRCB shall be reflected on all
grading plans prior to approval. For additional information on how to obtain a
CGP, contact the SWRCB.
107. SWPPP – Prior to approval of the grading plans, the developer / property
owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the
development project. The developer / property owner shall be responsible for
uploading the SWPPP into the State’s Stormwater Multiple Application and
Report Tracking System (SMARTS) database, and shall ensure that the
SWPPP is updated to constantly reflect the actual construction status of the
site. A copy of the SWPPP shall be made available at the construction site at
all times until construction is completed. The SWRCB considers a construction
project complete once a Notice of Termination (NOT) has been issued by
SWRCB.
108. SWPPP for Inactive Sites – The developer / property owner shall be
responsible for ensuring that any graded area that is left inactive for longer
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than 14 calendar days has appropriate SWPPP BMPs in place and in good
working conditions at all times until construction is completed and the SWRCB
has issued an NOT for the development project.
109. Grading Bonds – Prior to commencing any grading, the developer / property
owner shall obtain a grading permit from the Public Works / Engineering
Department. Prior to issuance of the permit, adequate performance grading
security shall be posted by the developer / property owner with the Public
Works / Engineering Department.
110. Import / Export – Prior to issuance of a grading permit, grading plans
involving import or export of dirt shall require approval of the import / export
locations from the Public Works / Engineering Department, which may include
submittal of a soils report for review and approval by the Public Works Director
/ City Engineer. A haul route must be submitted for approval by the Public
Works / Engineering Department prior to grading operations.
111. Offsite Grading Easements and Right of Way – Prior to recordation of a final
map, or the issuance of a grading permit, whichever occurs first, the developer
shall obtain all required ROW, easements and / or permissions to perform
offsite grading, from all affected landowners, including those north of the
existing centerline of Barton Banks Street and east of the underlying
dedication on Lindenberger Road. Notarized and recorded agreements or
documents to the satisfaction of the Public Works Director / City Engineer,
authorizing the offsite grading, shall be submitted to the Public Works /
Engineering Department. In the case of the property north of Barton Banks
Street and east of Lindenberger Road, where a proposed realignment of
Lindenberger Road is to occur, if the developer is unable to obtain all required
ROW, easements and / or permissions to complete the proposed realignment,
then the developer may have to re-design the proposed alignment of
Lindenberger Road and connection to Barton Banks Street and re-submit to
the City for further review by the City’s Planning Commission and/or the City
Council.
The proposed alignment of Lindenberger Road will result in a small portion of
land being graded as slope area. This small portion of land is located just
south of the existing centerline of Barton Banks Street and is currently part of
APN 372-190-003. This small portion of land must be dedicated publicly prior
to final map recordation, or issuance of a grading permit or building permit,
whichever comes first.
The proposed alignment of Lindenberger Road will also result in a small
portion of land being sandwiched between the existing dedication and
proposed alignment of Lindenberger Road that runs north of the project’s
northern boundary. In final engineering, the developer shall be responsible for
ensuring this portion is retained by the developer or the HOA. Other options for
its disposition can be reviewed and considered in final engineering by the City.
DESIGN GUIDELINES:
112. 2:1 Maximum Slope – Graded slopes shall be limited to a maximum
steepness ratio of 2:1 (horizontal to vertical ratio) unless otherwise approved
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by the Public Works / Engineering Department.
113. Slope Stability – A slope stability report shall be submitted and approved by
the Public Works / Engineering Department for all proposed cut or fill slopes
steeper than 2:1 (horizontal to vertical ratio) or over 20 feet in vertical height -
unless addressed in a report that has been previously approved by the City.
114. Slope Setbacks – Observe slope setbacks from buildings and property lines,
in accordance with City-adopted ordinances on grading, applicable City design
standards and specifications, and policies, rules and regulations governing
grading in the City.
115. Slope Landscaping and Irrigation – All manufactured slopes shall be
irrigated and landscaped with grass or approved ground cover and shall have
some type of drainage swale at locations approved by the City to collect runoff.
Slopes exceeding 15 feet in vertical height shall be irrigated per City-adopted
ordinances. Drip irrigation shall be used for all irrigated slopes.
116. Control Measures for Slopes Greater than 3 feet in Vertical Height –
Erosion control systems shall include effective stabilization on all slopes
greater than 3 feet in vertical height. Permanent landscaping is required for all
slopes greater than 5 feet in vertical height. The landscape plans shall be
prepared and signed by a registered landscape architect and bonded per City-
adopted ordinances.
117. Temporary Erosion Control Measures – Temporary Erosion Control
Measures shall be implemented immediately following rough grading, to
prevent deposition of debris onto downstream properties or drainage facilities.
Plans showing these measures shall be submitted to the Public Works /
Engineering Department for review and approval.
118. Dust Control – During actual grading, all necessary measures to control dust
shall be implemented by the developer / property owner in accordance with Air
Quality Management District (AQMD) requirements. A watering device shall be
present and in use at the project site during all grading operations.
119. Use of Maximum and Minimum Grade Criteria – Actual field construction
grades shall not exceed the minimum and maximum grades for ADA and
approved project grading design, to allow for construction tolerances. Any
improvement that is out of the minimum and maximum values will not be
accepted by the City Inspector and will need to be removed and replaced at
the expense of the developer / property owner.
Prior to Issuance of Building Permit:
120. No Building Permit Prior to Final Map Recordation – Prior to issuance of
any building permit for production homes, the developer / property owner shall
record the final map.
121. No Building Permit without Grading Permit – Prior to issuance of any
building permit, the developer / property owner shall obtain a grading permit
and / or approval to construct from the Public Works / Engineering
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Department.
122. 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.
123. 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 the approved grading plans. Compaction test certification shall be in
compliance with the approved project geotechnical / soils report.
Prior to Issuance of Certificate of Occupancy:
124. 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.
125. Conform to Elevations - Final grade elevations of all building or structure
finish floors submitted for grading plan check approval shall be in substantial
conformance with the elevations shown on the approved grading plans.
C. DRAINAGE
General Conditions:
126. 10-YR Curb – 100-YR Right-of-Way (ROW) – The 10-year storm flow shall
be contained within the curb and the 100-year storm flow shall be contained
within the street ROW. When either of these criteria is exceeded, additional
drainage facilities shall be installed. The property shall be graded to drain to
the adjacent street or an adequate outlet.
127. 100-YR Sump Outlet – Drainage facilities outletting to sump conditions shall
be designed to convey the tributary 100-year storm flows. Additional
emergency escape shall also be provided.
128. 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
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review.
129. Proposed Drainage – The developer is proposing to route onsite flows from
this development to five (5) water quality bio-retention basins, four (4) located
near the northern boundary of the site, and one (1) located near the southern
boundary of the site. High flows in each of the 4 basins that are located near
the northern boundary of the site will be captured by an outlet riser pipe, which
will transport flows to an underdrain pipe, which will then outlet flows to the
existing wetland / vernal pool area that is located near the northern boundary
of the site. A sump pump is also being proposed for each of these 4 basins, to
prevent the basins from retaining post-storm flows beyond the allowable 72-
hour period. Water pumped from the 4 sump pumps will also outlet to the
existing wetland / vernal pool area. All flows that outlet to the wetland / vernal
pool area will follow the existing (pre-development) drainage pattern. The flow
leaving the site in the developed condition shall not be increased from the flow
leaving the site from the pre-developed condition, and any flow being
discharged to the northerly undeveloped areas shall not be concentrated, and
shall match the existing sheet flow condition. Additionally, any nuisance flow
being directed from the developed site to the vernal pool area shall not create
a vector control issue during times of the year that the vernal pool is
historically dry. The 4 sump pumps will be operated and maintained by the
Homeowners Association (HOA). The 4 sump pumps will be located such that
operation and maintenance of the sump pumps does not interfere with
maintenance of the basins. The City’s Community Facilities District (CFD) will
maintain the basins. High flows in the basin located near the southern
boundary of the site will be captured by an outlet riser pipe, which will transport
flows to an existing 30-inch Reinforced Concrete Pipe that is located under the
intersection of Lindenberger Road and Scott Road. These flows will then
outlet to an existing undeveloped area that is located south of Scott Road,
where the flows will then follow the existing (pre-development) drainage
pattern. Offsite flows will be captured by Modular Wetland bio-treatment
systems located on the northeast and northwest corners of the intersection of
Lindenberger Road and Scott Road, and will then be routed to the existing 30-
inch Reinforced Concrete Pipe that is located under the intersection of
Lindenberger Road and Scott Road.. All onsite and offsite water quality /
drainage systems must be constructed and operational prior to the
issuance of the first Certificate of Occupancy.
130. Trash Racks – Trash Racks shall be installed at all inlet structures that collect
runoff from open areas with potential for large, floatable debris.
Prior to Issuance of Grading Permit:
131. Perpetual Drainage Patterns (Easements) – Grading shall be designed in a
manner that perpetuates the existing natural drainage patterns and conditions
with respect to tributary drainage areas and outlet points. Where these
conditions are not preserved, necessary drainage easements shall be
obtained from all affected property owners for the release onto their properties
of concentrated or diverted storm flows. A copy of the recorded drainage
easement shall be submitted to the Public Works / Engineering Department for
review.
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132. Protection of Downstream Properties – The developer / property owner
shall protect downstream properties from damages that can be caused by
alteration of natural drainage patterns, i.e., concentration or diversion of flow.
Protection shall be provided by constructing adequate drainage facilities
including enlarging existing facilities and securing necessary drainage
easements.
133. Drainage Report – The developer / property owner submitted a Preliminary
Drainage Report, prepared by Huitt-Zollars, Inc., dated September 14, 2020.
The Public Works / Engineering Department has reviewed and approved this
report. All proposed storm drain systems and catch basins shall be sized
adequately to capture the 100-year storm event. A Final Drainage Report
shall be submitted during final engineering. The Final Drainage Report shall
be submitted and approved prior to the issuance of a grading permit and shall
include flood routing calculations to support the proposed detention basin
design.
134. Submit Plans – A copy of the improvement plans, grading plans, final map,
environmental constraint sheet, BMP improvement plans, and any other
necessary documentation, along with supporting hydrologic and hydraulic
calculations, shall be submitted to the Public Works / Engineering Department
for review and approval prior to final map recordation. All submittals shall be
date stamped by the engineer and include a completed City Deposit Based
Fee Worksheet and the appropriate plan check fee deposit. For facilities
proposed for ownership and operation by the Flood Control District, plans shall
be submitted to the Flood Control District with a Flood Control Deposit Based
Fee Worksheet and the appropriate plan check fee deposit.
135. Written Permission for Grading – Written permission shall be obtained from
the affected property owners, allowing the proposed grading and / or facilities
to be installed outside of the project development tract boundaries. A copy of
the written authorization shall be submitted to the Public Works / Engineering
Department for review and approval prior to grading permit issuance.
Prior to Final Map Recordation:
136. Offsite Easements or Redesign – Offsite drainage facilities shall be located
within dedicated drainage easements obtained from the affected property
owner(s). Document(s) shall be recorded and a copy submitted to the Public
Works / Engineering Department prior to recordation of the final map. If the
developer cannot obtain such rights, the map should be redesigned to
eliminate the need for the easement.
137. Storm Drain Lines Larger than 36 Inches – All proposed storm drain lines
larger than 36 inches in diameter may be considered for ownership and
maintenance by the Flood Control District. The developer / property owner
shall enter into a cooperative agreement with the Flood Control District
regarding the terms of the design, construction and operation of facilities
proposed for ownership by the Flood Control District. This cooperative
agreement shall be executed and approved by the City and the Flood
Control District prior to final map recordation.
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DRAINAGE DESIGN CRITERIA
138. 100-Year Drainage Facilities – All drainage facilities shall be designed to
accommodate 100-year storm flows as approved by the City of Menifee. If the
project development tract is built in phases, each phase shall be protected
from the 100-year tributary storm flows.
139. Finish Grade – The finish grade shall be sloped to provide proper drainage
away from all exterior foundation walls. The slope shall be in accordance with
City Standards and Ordinances.
140. Drainage Grade – Minimum drainage design grade shall be in accordance
with City Standards and Ordinances. The engineer of record must submit a
variance request for design grades less than what is stated here, along with a
justification for the lesser grade, which will be subject to the approval of the
Public Works Director / City Engineer.
141. Site Drainage – Positive drainage of the site shall be provided, and water
shall not be allowed to pond behind or flow over cut and fill slopes. Where
water is collected and discharged in a common area, planting erosion resistant
vegetation shall provide protection of the native soils. All cut and fill slopes
shall have a maximum 2:1 grade (horizontal to vertical ratio), unless
determined otherwise by the Public Works Director / City Engineer.
D. WASTE MANAGEMENT
General Conditions:
142. 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:
(b) Source separate recyclable and/or compostable material from solid
waste and donate or self-haul the material to recycling facilities.
(c) Subscribe to a recycling service with their waste hauler.
(d) Provide recycling service to their tenants (if commercial or multi-family
complex).
(e) Demonstrate compliance with the requirements of California Code of
Regulations Title 14.
For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#ma
ndatory
143. 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
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waste recycling services. The threshold amount of organic waste generated
requiring compliance by businesses is reduced in subsequent years.
Businesses subject to AB 1826 shall take at least one of the following actions
in order to divert organic waste from disposal:
(a) Source separate organic material from all other recyclables and donate
or self-haul to a permitted organic waste processing facility.
(b) Enter into a contract or work agreement with gardening or landscaping
service provider or refuse hauler to ensure the waste generated from
those services meet the requirements of AB 1826.
(c) Consider xeriscaping and using drought tolerant / low maintenance
vegetation in all landscaped areas of the project.
As of January 1, 2019, the above requirements are now applicable to
businesses that generate four (4) or more cubic yards of solid waste per week
and one (1) or more cubic yards of organic waste per week. Additionally, as of
January 1, 2019, a third trash bin is now required for organics recycling, which
will require a larger trash enclosure to accommodate three (3) trash bins. This
development may be subject to this requirement.
Prior to Issuance of Building Permit:
144. Recyclables Collection and Loading Area Plot Plan during Construction
– Prior to the issuance of a building permit, the developer / property owner
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.
145. Waste Recycling Plan during Construction – Prior to the issuance of a
building permit for each building, a Waste Recycling Plan (WRP) shall be
submitted to the Public Works / Engineering Department for review and
approval. Completion of Form C, “Waste Reporting Form” of the Construction
and Demolition Waste Diversion Program may be sufficient proof of WRP
compliance, as determined by the Public Works 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 of material used, the measures and methods that will be taken to
recycle, reuse and / or reduce the amount of materials used, 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 recycling 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 (i.e., receipts) for recycling and C&D recyclable materials and solid
waste disposal must be kept. Arrangements can be made through the
franchise hauler.
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Prior to Issuance of Certificate of Occupancy:
146. Waste Management Clearance – Prior to issuance of a certificate of
occupancy 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 Public Works / Engineering Department in order to clear
the project for occupancy permits. Receipts must clearly identify the amount
of waste disposed and C&D materials recycled.
E. TRAFFIC ENGINEERING, STREET IMPROVEMENTS, AND DEDICATIONS
General Conditions:
147. Tentative Tract Map – It is understood that the tentative tract map must
correctly show acceptable centerline elevations, all existing easements,
traveled ways, cross sections, and drainage courses with appropriate drainage
flows. Any omission or unacceptability may require the map to be resubmitted
for further consideration. In the event that there is a conflict between what is
shown on the tentative tract map and these conditions, these conditions will
supersede what is shown on the tentative tract map and any attachments to
the tentative tract map, including the site plan and other plans or exhibits. All
questions regarding the true meaning of these conditions shall be referred to
the Public Works / Engineering Department.
148. Traffic Impact Analysis (TIA) Report – The developer / property owner shall
comply with the recommendations of the TIA dated 3/24/2020, prepared by
STC Traffic, Inc., and also the TIA for Vehicle Miles Traveled dated 7/22/2020,
prepared by STC Traffic, Inc. The Public Works / Engineering Department –
Traffic Engineering section has reviewed and approved both TIA documents.
The developer / property owner shall be responsible for all improvements and
measures addressing development impacts, such as, but not limited to, the
following: ROW frontage improvements, and traffic signal construction or
modification. All required improvements identified in the TIA shall be included
in all improvement plans for review and approval by the Public Works /
Engineering Department. The recommendations and 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.
149. Street Design Standards – Street improvements shall conform to all
applicable City Design Standards and Specifications, the City General Plan,
Ordinances, and all other relevant laws, rules and regulations governing street
construction in the City.
150. Street Improvements – The proposed street improvements will be
constructed on Streets “A” through “J” (inclusive), Barton Banks Street, Eagle
Road, Lindenberger Road, Pitman Lane, and Scott Road, as described in the
Street Dedications and Improvements condition listed herein.
151. Paving or Paving Repairs – The developer / property owner shall be
responsible for obtaining the paving inspections required from the Public
Works / Engineering Department. Paving and / or paving repairs for utility
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street cuts shall be per City of Menifee Standards and Specifications and as
approved by the Public Works Director / City Engineer.
152. Concrete Work – All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed to meet a 28-day minimum concrete strength of 3,250 psi.
153. Intersection Geometrics – All final intersection geometrics may be modified
in final engineering as approved by the Public Works Director / City Engineer.
154. Street Light Plan – A street lighting plan is required for this project. The
street lighting plan shall be submitted to the City and approved by the City
prior to final map recordation. Street lighting shall be designed in accordance
with the latest City Standards and Specifications for LS-3 street light rates, and
as determined by the Public Works Director / City Engineer.
155. Signing and Striping Plan – A traffic signing and striping plan is required for
this project. The signing and striping plan shall be submitted to the City Traffic
Engineer and approved by the City Traffic Engineer prior to final map
recordation. The signing and striping plan shall be in accordance with City
ordinances, standards and specifications, and with the latest edition of the
California Manual on Uniform Traffic Control Devices (CAMUTCD). The
developer / property owner shall be responsible for any additional paving and /
or striping removal caused by the striping plan. Traffic signing and striping
shall be placed along Barton Banks Street, Eagle Road, Lindenberger Road,
Pitman Lane, Scott Road and along the interior streets of the project.
156. Onsite and Offsite Street Lights Ownership and Maintenance – All
proposed public and private street lights shall be designed in accordance with
City-approved standards and specifications, or as determined and approved
by the Public Works Director / City Engineer. The City shall have ownership
and maintenance of all proposed public street lights and associated
appurtenances, and shall be provided with adequate service points for power.
The design shall be incorporated in the project’s street improvement plans or
in a separate street light plan as determined and approved by the Public
Works Director / City Engineer.
157. Street Light Service Point Addressing – The developer shall coordinate with
the Public Works / Engineering Department and with Southern California
Edison the assignment of addresses to required street light service points.
Service points serving public streetlights shall be owned by the City and shall
be located within public ROW or within duly dedicated public easements.
Prior to Issuance of Grading Permit:
158. Sight Distance Analysis – Sight distance analysis shall be conducted at all
project roadway entrances and intersections for conformance with City sight
distance standards. The intersections shall include, but not be limited to, the
following:
a. The intersection of Street “A” and Street “G”.
b. The intersection of Street “D” and Street “G”.
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c. The intersection of Street “E” and Street “G”.
d. The intersection of Street “E” and Street “J”.
e. The intersection of Street “F” and Street “J”.
f. The intersection of Street “H” and Street “I”.
g. The intersection of Street “I” and Lindenberger Road.
The analysis shall be reviewed and approved by the Public Works Director /
City Engineer, and shall be incorporated in the final grading plans, street
improvement plans, and landscape improvement plans.
Prior to Issuance of Building Permit:
159. Traffic Signal Control Devices – All new traffic signals and traffic signal
modifications required for construction by this development project shall
include traffic signal communication infrastructure, network equipment, and
Advanced Traffic Management System (ATMS) license software. Said traffic
signal control devices shall be submitted with the traffic signal design plans
and shall be approved by the Public Works Director / City Engineer, prior to
testing of a new traffic signal. Traffic signal poles shall be placed at the
ultimate locations when appropriate.
160. Traffic Signal Timing Plans – Traffic signal timing plans for new and or
modified signalized intersections shall be submitted with the traffic signal
design plans, and shall be approved by the Public Works Director / City
Engineer prior to installation and testing of a new traffic signal.
161. 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 road ROW during
construction. The plan shall specify the following 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
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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.
(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.
Prior to Final Map Recordation:
162. Improvement Bonds – Prior to final map recordation, or issuance of a grading
permit or building permit, whichever comes first, the developer / property
owner shall enter into bond agreements and post acceptable bonds or
security, to guarantee the completion of all required onsite and offsite
improvements. The bonds shall be in accordance with all applicable City
ordinances, resolutions and municipal codes (See also Bond Agreements and
Improvement Security condition under General Conditions).
163. Acceptance of Public Roadway Dedication 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.
164. Street Dedications and Improvements – Easements and ROW for public
roadways shall be dedicated to the City of Menifee through the final map, or
other acceptable recordable instrument. The project shall ensure that
dedications are consistent with the current City General Plan. Public street
improvements, ROW dedications and easements shall be as follows:
a) Barton Banks Street – This street shall be designed as a Modified
Local (64-foot ROW width / 40-foot curb-to-curb width). The
improvements shall be on the south side (the eastbound side) to the
ultimate half-width of 32 feet, with appropriate transitions subject to the
approval of the Public Works Director / City Engineer. The
improvements shall include new roadway with curb and gutter and a 6-
foot sidewalk (non-curb-adjacent) within a 12-foot parkway, plus an
additional 12 feet of new roadway past the centerline. The length of the
curb transition shall not be less than 10:1.
b) Eagle Road – This street shall be designed as a General Local (60-foot
ROW width / 40-foot curb-to-curb width). The improvements shall be
across the entire road width, with appropriate transitions subject to the
approval of the Public Works Director / City Engineer. The
improvements shall include new roadway with curb and gutter and a 6-
foot sidewalk (non-curb-adjacent) within a 10-foot parkway on each
side. The length of the curb transition shall not be less than 10:1.
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c) Interior Streets “A” through “J” – These streets shall be designed as
a General Local (60-foot ROW width / 36-foot curb-to-curb width). The
improvements shall be across the entire road width, with appropriate
transitions subject to the approval of the Public Works Director / City
Engineer. The improvements shall include new roadway with curb and
gutter and a 6-foot sidewalk (non-curb-adjacent) within a 10-foot
parkway on each side.
d) Lindenberger Road (Between Scott Road and 150 feet North of
Scott Road) – This street shall be designed as a Modified Collector
(74-foot ROW width / 44-foot curb-to-curb width), including a Class III
Bike Lane. The improvements shall be across the entire road width, with
appropriate transitions subject to the approval of the Public Works
Director / City Engineer. The improvements on the east side shall
include new roadway with curb and gutter, a 7-foot sidewalk (curb-
adjacent), and an 8-foot community trail within a 15-foot parkway. The
improvements on the west side shall include new roadway with curb
and gutter and a 6-foot sidewalk (non-curb-adjacent) within a 15-foot
parkway.
e) Lindenberger Road (Between 150 feet North of Scott Road and
Barton Banks Street) – This street shall be designed as a Modified
Collector (70-foot ROW width / 40-foot curb-to-curb width), including a
Class III Bike Lane. The improvements shall be across the entire road
width, with appropriate transitions subject to the approval of the Public
Works Director / City Engineer. The improvements on the east side
shall include new roadway with curb and gutter, a 7-foot sidewalk (curb-
adjacent), and an 8-foot community trail within a 15-foot parkway. The
improvements on the west side shall include new roadway with curb
and gutter, and a 6-foot sidewalk (non-curb-adjacent) within a 15-foot
parkway.
f) Pitman Lane (The Roadway Segment That Fronts Lots 1-4) – This
street shall be designed as a Modified Local (60-foot ROW width / 38-
foot curb-to-curb width). The improvements shall be on the east side
(the northbound side), with appropriate transitions subject to the
approval of the Public Works Director / City Engineer. The
improvements shall be made to the roadway centerline plus 12 feet, and
the improvements shall include pavement widening to include new
roadway with curb and gutter and a 6-foot sidewalk (non-curb-adjacent)
within a 12-foot parkway.
g) Pitman Lane (The Roadway Segment That Runs North of Lot 4) –
This street shall be designed as a Modified Local (60-foot ROW width /
32-foot curb-to-curb width), aligning with the segment that fronts Lots 1-
4, with pavement and curb / gutter transitions subject to the approval of
the Public Works Director / City Engineer, while not encroaching on the
existing wetland / vernal pool area. The existing asphalt concrete berm
shall be replaced with concrete curb and gutter.
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h) Scott Road (Between the Eastern Property Boundary and
Lindenberger Road) – This street shall be designed as a Modified
Urban Arterial (138-foot ROW width / 89-foot curb-to-curb width),
including a Class II Bike Lane. The improvements shall be on the north
side (the westbound side) to the ultimate half-width of 83 feet, with
appropriate transitions subject to the approval of the Public Works
Director / City Engineer. The improvements shall be made to the
roadway centerline plus 12 feet, and the improvements shall include
pavement widening to include an additional lane / shoulder, curb and
gutter / 6-foot sidewalk (sidewalk to be curb-adjacent), and a community
trail with fencing. The parkway width shall be 28 feet.
i) Scott Road (Between Lindenberger Road and Pitman Lane) – This
street shall be designed as an Urban Arterial, according to City of
Menifee Standard Plan No. 96 (152-foot ROW width / 110-foot curb-to-
curb width), including a Class II Bike Lane. The improvements shall be
on the north side (the westbound side) to the ultimate half-width of 76
feet, with appropriate transitions subject to the approval of the Public
Works Director / City Engineer. The improvements shall be made to the
roadway centerline plus 12 feet, and the improvements shall include
pavement widening to include an additional lane / shoulder, and curb
and gutter / 6-foot sidewalk (sidewalk to be meandering / non-curb-
adjacent). The parkway width shall be 21 feet.
j) Traffic Signal at the Intersection of Lindenberger Road (North-
South) and Scott Road (East-West) – The existing traffic signal at the
intersection of Lindenberger Road at Scott Road shall be modified in
accordance with the requirements of the Public Works Director / City
Engineer, to accommodate the widening of Scott Road along the project
frontage.
k) Traffic Signal at the Intersection of Pitman Lane (North-South) and
Scott Road (East-West) – The existing traffic signal at the intersection
of Pitman Lane at Scott Road shall be modified in accordance with the
requirements of the Public Works Director / City Engineer, to
accommodate the widening of Scott Road along the project frontage.
165. Offsite Property and Right of Way – The developer / property owner shall be
responsible for acquiring any offsite real property interests that may be
required in connection with the development project. Prior to recordation of a
final map, or the issuance of a grading permit, whichever occurs first, the
developer shall obtain all required ROW, easements and / or permissions to
perform offsite grading, from all affected landowners north of the existing
centerline of Barton Banks Street and east of the underlying dedication on
Lindenberger Road. Notarized and recorded agreements or documents to the
satisfaction of the Public Works Director / City Engineer, authorizing the offsite
grading, shall be submitted to the Public Works / Engineering Department. In
the case of the property north of Barton Banks Street and east of Lindenberger
Road, where a proposed realignment of Lindenderger Road is to occur, if the
developer is unable to obtain all required ROW, easements and / or
permissions to complete the proposed realignment, then the developer may
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have to re-design the proposed alignment of Lindenberger Road and
connection to Barton Banks Street and re-submit to the City for further review
by the City’s Planning Commission and/or the City Council.
The proposed alignment of Lindenberger Road will result in a small portion of land being
graded as slope area. This small portion of land is located just south of the existing
centerline of Barton Banks Street and is currently part of APN 372-190-003. This small
portion of land must be dedicated publicly prior to final map recordation, or issuance of a
grading permit or building permit, whichever comes first.
166. Acceptance of Public Roadway Dedication and Improvements – Any
easements for public purposes and right-of way for public roadways shall be
granted to the City of Menifee through the final map, or other acceptable
recordable instrument.
167. Encroachment Permits – The developer / property owner shall obtain all
required encroachment permits and clearances prior to start of any work within
City, State, or local agency ROW.
Prior to Issuance of Certificate of Occupancy:
168. Street Name Signs and Other Street Signs – The Developer shall install
street name sign(s) and other necessary street signs to direct safe flow of
vehicular and pedestrian traffic. The signs shall be designed in accordance
with City-approved standards as directed by the Public Works / Engineering
Department.
169. Intersection / 50-Foot Tangent – All centerline intersections shall be at ninety
(90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) foot
tangent, measured from flow line / curb face or as approved by the Public
Works Director / City Engineer.
170. Soils and Pavement Report – If not already addressed in the approved
Geotechnical Report for this project, the developer / property owner shall
submit a City-approved soils and pavement investigation report addressing the
construction requirements, including the street structural sections, within the
ROW.
171. Street Light Installation – Install streetlights along the streets associated with
the development project, in accordance with the City-approved street lighting
plans and standards. It shall be the responsibility of the Developer to ensure
that streetlights are energized along the streets of those lots where the
Developer is seeking Final Inspection for Certificate of Occupancy.
172. ROW Landscaping – ROW landscaping shall be installed per approved plans,
including BMPs identified in the Water Quality Management Plan (WQMP).
Landscaping shall be installed consistent with the timing noted elsewhere in
these Conditions of Approval.
173. Driveways and Driveway Approaches – Driveways and driveway
Approaches shall be designed and constructed per City standards. Prior to
issuance of a Certificate of Occupancy, required driveways shall be
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constructed.
174. 80 Percent Completion – Occupancy releases will not be issued for any lot
exceeding 80 percent of the total recorded residential lots within the project,
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 curbs, gutters, sidewalks and
driveway approaches shall be installed.
c) Storm drains shall be completed according to the improvement plans
and as noted elsewhere in these conditions.
d) Water systems, 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 the
water purveyor is required.
e) Sewer systems shall be installed and operational, according to the
improvement plans and as noted elsewhere in these conditions. All
sewer manholes shall be raised to pavement finished grade. Written
confirmation of acceptance from the sewer purveyor is required.
f) Landscaping and irrigation, as well as water and electrical systems
shall be installed and operational in accordance with City standards
and ordinances.
The 80 percent completion shall not apply to BMP facilities serving as water
quality BMPs 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 the issuance of the first Certificate of
Occupancy.
175. Intersection Geometrics – The following street intersections shall be
improved with the following geometrics:
(a) Lindenberger Road / Scott Road Intersection Improvements – The
developer / property owner shall construct the intersection of Lindenberger
Road / Scott Road with the following lane geometrics:
i. Northbound:
• One shared thru lane and right-turn lane.
• One left-turn lane.
ii. Southbound:
• One shared thru lane and right-turn lane.
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• One left-turn lane.
iii. Eastbound:
• Two thru lanes.
• One right-turn lane.
• One left-turn lane.
iv. Westbound:
• One thru lane.
• One shared thru lane and right-turn lane.
• One left-turn lane.
(b) Pitman Lane / Eagle Road Intersection Improvements – The developer
/ property owner shall construct the intersection of Pitman Lane / Eagle
Road with the following lane geometrics:
v. Southbound:
• One shared right-turn lane and left-turn lane.
vi. Eastbound:
• One shared thru lane and left-turn lane.
vii. Westbound:
• One shared thru lane and right-turn lane.
176. Reconstruction or Resurfacing of Scott Road – The Public Works Director /
City Engineer may consider reconstruction or resurfacing of Scott Road paving
fronting the development to meet existing conditions with acceptable overlays,
provided the road is found to meet the minimum City standards for pavement
conditions at the time of project construction. If it is determined during project
construction that the existing road is found to be substandard, then 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, the existing pavement may be cored during
project construction to confirm the adequate section, and any findings shall be
incorporated into project design. The Public Works Director / City Engineer
shall have the final approval for all road conditions.
177. Reconstruction or Resurfacing of Pitman Lane – The Public Works Director
/ City Engineer may consider reconstruction or resurfacing of Pitman Lane
paving fronting the development to meet existing conditions with acceptable
overlays, provided the road is found to meet the minimum City standards for
pavement conditions at the time of project construction. If it is determined
during project construction that the existing road is found to be substandard,
then 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, the existing
pavement may be cored during project construction to confirm the adequate
section, and any findings shall be incorporated into project design. The Public
Works Director / City Engineer shall have the final approval for all road
conditions.
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F. WATER, AND SEWER, AND RECYCLED WATER
General Conditions:
178. Meet Minimum Standards – All public water, and sewer and recycled water
improvements, as well as required auxiliaries and appurtenances, shall be
designed per current City ordinances and Eastern Municipal Water District
(EMWD) standards and specifications. The final design, including pipe sizes
and alignments, shall be subject to the approval of EMWD.
As amended by the Planning Commission on October 28, 2020
179. Utility Improvement Plans – Public Water, and Sewer and Recycled Water
improvements shall be drawn on City title block for review and approval by the
Public Works / Engineering Department and EMWD.
As amended by the Planning Commission on October 28, 2020
180. Onsite and Offsite Sewer, and Water and Recycled Water Improvements
– All public onsite and offsite sewer, and water and recycled water
improvements shall be guaranteed for construction prior to final map
recordation.
As amended by the Planning Commission on October 28, 2020
181. Sewer Lines – All public sewer line alignments shall be designed such that
the manholes are aligned with the center of lanes or on the lane line and in
accordance with City Standards and EMWD standards.
182. Water Mains and Hydrants – All public water mains and fire hydrants
providing required fire flows shall be constructed in accordance with applicable
City ordinances, and subject to the approval of the Public Works / Engineering
Department and EMWD and the Riverside County Fire Department.
G. NPDES AND WQMP
All City of Menifee requirements for NPDES and WQMPs shall be met per City of Menifee
Municipal Code Chapter 15.01 for Stormwater / Urban Runoff Management Program
unless otherwise approved by the Public Works Director / City Engineer. This project is
required to submit a project specific WQMP prepared in accordance with the latest WQMP
guidelines approved by the Regional Water Quality Control Board.
Prior to Issuance of Grading Permit:
183. Final Project Specific WQMP (Final WQMP) – Prior to issuance of a grading
permit, a Final WQMP shall be reviewed and approved by the Public Works /
Engineering Department. The project submitted a Preliminary WQMP dated
September 14, 2020 and prepared by Huitt-Zollars, Inc. The Public Works /
Engineering Department has reviewed and approved the Preliminary WQMP.
The Final WQMP shall be in substantial conformance with the approved
Preliminary WQMP.
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Final construction plans shall incorporate all of the structural BMPs identified in
the approved Final WQMP. The final developed project shall implement all
structural and non-structural BMPs specified in the approved Final WQMP.
One copy of the approved Final WQMP on a CD-ROM in pdf format shall be
submitted to the Public Works / Engineering Department.
184. Revising the Final WQMP – In the event the Final WQMP requires design
revisions that will substantially deviate from what was previously approved, a
revised or new WQMP shall be submitted for review and approval by the
Public Works / Engineering Department. The cost of reviewing the revised /
new WQMP shall be charged based on the current City-adopted User Fee for
reviewing Final WQMPs.
185. WQMP Right of Entry and Maintenance Agreement – Prior to, or concurrent
with the approval of the Final WQMP, the developer / property owner shall
enter into an acceptable Right of Entry and Maintenance Agreement with the
City to inform future property owners of the requirement to perpetually
implement the approved Final WQMP. An alternative option to meet this
requirement is to include the right of entry provision in a recordable
Covenants, Conditions and Restrictions (CC&Rs).
Prior to Issuance of Certificate of Occupancy:
186. Implement Project Specific WQMP – All structural BMPs described in the
Final WQMP that is approved by the City shall be constructed and operational
in conformance with approved plans and specifications. It shall be
demonstrated that the developer / property owner is prepared to implement all
BMPs described in the Final WQMP that is approved by the City and that
copies of the Final WQMP are available for the future owners / occupants. The
City will not release occupancy permits for any portion of the project, or any
proposed map phase prior to the completion of the construction of all required
structural BMPs, and implementation of non-structural BMPs. An exception
may be granted for BMPs not serving a Drainage Management Area where no
Certificate of Occupancy is being sought.
187. WQMP / BMP Education – Prior to issuance of any Certificate of Occupancy,
the developer / property owner shall provide the City proof of notification to
future occupants, of all BMPs and educational and training requirements for
said BMPs as directed in the City-approved Final WQMP. Acceptable proof of
notification can be in the form of a notarized affidavit, or other forms
acceptable to the Public Works / Engineering Department. The acceptable
proof must state that the distribution of educational materials to future
homebuyers has been completed prior to issuance of occupancy permits.
NPDES Public Educational Program materials may be obtained from the Flood
Control District - NPDES Section by accessing the Flood Control District's
website at www.floodcontrol.co.riverside.ca.us.
H. CITYWIDE Community Facilities District (CFD) 2017-1
Prior to Final Map Recordation:
188. Annexation to the Citywide CFD 2017-1 – Prior to the recordation of the final
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map, the developer / property owner shall complete the annexation of the
proposed development project into the boundaries of CFD 2017-1. The 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, street sweeping / maintenance, drainage facilities,
water quality basins, graffiti abatement and other public improvements or
facilities as approved by the Public Works Director / City Engineer.
The developer / property owner shall be responsible for all costs associated
with the annexation of the proposed development in the citywide CFD.
189. CFD Annexation Agreement – In the event timing for this development
project’s schedule prevents the developer / property owner from complying
with the required timing for the completion of the CFD annexation, the City
may defer the timing of annexation, provided that the developer / property
owner enters into a CFD annexation agreement to allow the annexation to
complete after the final map recordation but prior to the issuance of a building
permit. The developer shall be responsible for all costs associated with the
preparation of the CFD annexation agreement. The agreement shall be
approved by the City Council prior to the final map recordation.
190. Landscape Improvement Plans for CFD Maintenance – Landscape
improvements within public ROW and / or areas dedicated to the City for the
CFD to maintain shall be prepared on a separate City CFD plans set for review
and approval by the Public Works / Engineering Department. The plans may
be prepared as one plan for the entire project, 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 may be required for review and approval by the Public Works /
Engineering Department prior to issuance of a grading permit.
Prior to Issuance of Certificate of Occupancy:
191. 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 certificate of occupancy.
192. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant
facilities to be maintained by CFD 2017-1 shall be built to City standards,
having a separate landscape controller and meter system, separate from the
landscape controller and meter system that is to be used for the privately-
owned landscaping that is to be maintained by the developer / property owner.
Prior to Final Map Recordation:
193. 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
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the Public Works / Engineering Department.
194. 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.
b) The CFD is expected to maintain all parkways within and immediately
adjacent to the public ROW on Barton Banks Street, Lindenberger Road
and Scott Road.
c) 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.
d) The maintenance organization shall be established prior to or concurrent
with the recordation of the first land division.
195. CC&R’s (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) necessary easements or dedication 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 following
documents, along with the current fee, to the Public Works / Engineering
Department, the Community Development Department, and the City Attorney
for review and approval:
a) A signed and notarized declaration of CC&R’s; and
b) A sample document, conveying title to the purchaser, of an individual lot
or unit which provides that the declaration of CC&R’s is incorporated
therein by reference; and
c) A deposit to pay for City Staff and Attorney time, pursuant to the current
City fee schedule.
The declaration of CC&R’s submitted for review shall a) provide for a minimum
term of sixty (60) years, b) provide for the establishment of a Homeowners’
Association (HOA) comprised of the owners of each individual lot or unit as
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tenants in common, and c) contain provisions reviewed and approved by the
City Attorney.
Once approved by the City Attorney, the declaration of CC&R’s shall be
recorded by the Public Works / Engineering Department with one copy retained
for the case file, and one copy provided to the Public Works / Engineering
Department Surveyor.
196. CC&R’s (Private Common Areas) – The common areas anticipated to be
owned and maintained by an HOA include, but are not limited to, the following:
a) The parkway area in front of the sidewalk on the western side of Lots 1 –
3;
b) The parkway areas that front both sides of Eagle Road;
c) Lots H, I, L, M, N, O, T, U, Y, and Z;
d) Open Space Lot C;
e) The sump pumps that will drain the water quality basins;
f) The Milling Rock wall that is adjacent to (located just south of) Open
Space Lot F.
The Public Works Director / City Engineer shall have the discretion to make
changes to what could be publicly or privately maintained.
197. 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.
(b) 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 exhibit.
(c) A deposit to pay for City Staff and Attorney time, pursuant to the City’s
fee schedule at the time the above-referenced documents are
submitted to the Public Works / Engineering Department for review
and approval by the City Attorney.
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
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original declaration of CC&R’s in conjunction with the recordation of the final
map.
I. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
General Conditions:
198. 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 not be limited to, the following:
Regional Transportation Uniform Mitigation Fee (TUMF), Development Impact
Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee.
Said fees and deposits shall be collected at the rate in effect at the time of
collection as specified in current City resolutions and ordinances.
Prior to Issuance of Certificate of Occupancy:
199. TUMF Fees – Prior to the issuance of an occupancy permit, the developer /
property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in
accordance with the fee schedule in effect at the time of issuance, pursuant to
City-adopted Ordinances governing the TUMF program.
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Section IV:
Building and Safety Department
Conditions of Approval
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General Requirements
200. 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.
201. 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.
202. 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.
203. 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.
204. 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.
205. Obtain Approvals Prior to Construction. Applicant must obtain all building plans
and permit approvals prior to commencement of any construction work.
206. 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.
207. Demolition. Demolition permits require separate approvals and permits. AQMD
notification and approval may be required.
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208. 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.
209. 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.
210. 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.
211. 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.
212. 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
213. 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
Prior to Issuance of Grading Permits
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214. 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
215. 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.
216. Each Department is Required to Approve, with a signature.
217. Pre-Construction Meeting. A pre-construction meeting is required with the
building inspector prior to the start of the building construction.
Prior to Certificate of Occupancy
218. 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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219. The Fire Department emergency vehicular access road shall be (all weather
surface) capable of sustaining an imposed load of 80,000 lbs. GVW. The
approved fire access road shall be in place during the time of construction.
Temporary fire access roads shall be approved by the Office of the Fire
Marshal. (CFC 501.4)
220. Prior to construction, all locations where structures are to be built shall have an
approved Fire Department access based on street standards approved by the
Office of the Fire Marshal. (CFC 501.4)
221. During phased construction, dead end roadways and streets which have not
been completed shall have a turn-around capable of accommodating fire
apparatus. (CFC 503.1 and 503.2.5)
222. Prior to building construction, dead end roadways and streets which have not
been completed shall have a turnaround capable of accommodating fire
apparatus. (CFC 503.2.5)
223. Prior to issuance of the building permit for development, independent paved
access to the nearest paved road, maintained by the City shall be designed
and constructed by the developer within the public right of way in accordance
with County & City Standards. (CFC 501.4)
224. Prior to issuance of Building Permits, the applicant/developer shall provide the
Office of the Fire Marshal with an approved site plan for Fire Lanes and
signage. (CFC 501.3)
225. Prior to construction, all locations where structures are to be built shall have an
approved Fire Department access based on street standards approved by the
Office of the Fire Marshal. (CFC 501.4)
226. Fire lanes and fire apparatus access roads shall have an unobstructed width of
not less than twenty–four (24) as approved by the Office of the Fire Marshal
and an unobstructed vertical clearance of not less the thirteen (13) feet six (6)
inches. (CFC 503.2.1)
227. The minimum number of fire hydrants required, as well as the location and
spacing of fire hydrants, shall comply with the C.F.C. and NFPA 24. Fire
hydrants shall be located no closer than 40 feet to a building. A fire hydrant
shall be located within 50 feet of the fire department connection for buildings
protected with a fire sprinkler system. The size and number of outlets required
for the approved fire hydrants are (6” x 4” x 2 ½” x 2 ½”) (CFC 507.5.1,
507.5.7, Appendix C, NFPA 24-7.2.3.)
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228. Prior to construction, all traffic calming designs/devices must be approved by
the Fire Marshal and City Engineer.
229. Single Family Dwellings. Schedule "A" fire prevention approved standard fire
hydrants (6” x 4” x 2 ½”) shall be located at each intersection of all residential
streets. Hydrants shall be spaced no more than 330 feet apart in any direction
so that no point on the street is more than 250 feet from a hydrant. Minimum
fire flow shall be 1000 GPM for 1 hour duration of 20 PSI. Where new water
mains are extended along streets where hydrants are not needed for
protection of structures or similar fire problems, serving one and two-family
residential developments, standard fire hydrants shall be provided at spacing
not to exceed 1000 feet along the tract boundary for transportation hazards.
(City of Menifee Ord 460.148).
230. Blue Dot Reflectors: Blue retro-reflective pavement markers shall be installed
to indicate the location of the hydrants.
231. 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 and shall be low voltage lighted fixtures. (CFC
505.1)
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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. PC20-521 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 28th day of October 2020 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________
Stephanie Roseen, CMC
Deputy City Clerk
Karwin, Phillips, Thomas, Diederich, Madrid
None
None
None
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