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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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 Page 2 of 8 TR 19-0012 Resolution Date: October 28, 2020 Page 2 of 8 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 Page 3 of 8 TR 19-0012 Resolution Date: October 28, 2020 Page 3 of 8 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 Page 4 of 8 TR 19-0012 Resolution Date: October 28, 2020 Page 4 of 8 • 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 Page 5 of 8 TR 19-0012 Resolution Date: October 28, 2020 Page 5 of 8 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: DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 Page 6 of 8 TR 19-0012 Resolution Date: October 28, 2020 Page 6 of 8 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 Page 7 of 8 TR 19-0012 Resolution Date: October 28, 2020 Page 7 of 8 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 Page 8 of 8 TR 19-0012 Resolution Date: October 28, 2020 Page 8 of 8 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 2 required are paid. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 3 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 4 Section I: Conditions Applicable to all Departments DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 5 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 6 Section II: Community Development Department Conditions of Approval DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 7 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 8 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 9 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 10 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 11 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 12 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 13 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 14 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 15 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; DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 16 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 17 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 18 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 19 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 20 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, DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 21 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 22 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 23 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 24 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 25 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 26 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 27 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 28 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 29 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 30 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 31 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 32 Section III: Public Works/Engineering Conditions of Approval DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 33 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 34 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 35 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: DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 36 (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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 37 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 38 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 39 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 40 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 41 132. 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 42 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 43 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 44 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 45 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”. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 46 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 47 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 48 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 49 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 50 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 51 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 52 • 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 53 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 54 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 55 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 56 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 57 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 58 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 59 Section IV: Building and Safety Department Conditions of Approval DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 60 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 61 208. 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 62 214. 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. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 63 Section V: Fire Department Conditions of Approval DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 64 219. 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.) DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 65 228. 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) DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 66 Section VI: Riverside County Environmental Health Conditions of Approval DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 67 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 68 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 October 28, 2020 69 END OF CONDITIONS The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print). DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 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 DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28