Loading...
PC21-539RESOLUTION NO. PC21-539 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. PLN19-0047 (TPM NO. 37071) FOR THE COMMERCIAL SUBDIVISION OF 11.14 GROSS ACRES INTO SIX (6) COMMERCIAL PARCELS AND ONE LETTERED LOT LOCATED ON THE SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS ROAD WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Tentative Parcel Map No. PLN19-0047 (37071) for a commercial parcel map subdividing 11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size from 0.30 acres to 3.47 acres; and, WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft. drive-thru car wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft. restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft. daycare and (7) a 40,000 sq. ft. gym/fitness center and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Conditional Use Permit No. PLN19-0044 to allow for the car -wash; and, WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Master Sign Program No. PLN19-0046 for the development; and, WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off - premises consumption and Public Convenience and Necessity findings for the grocery store; and, WHEREAS, on July 14, 2021, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents, regarding Tentative Parcel Map No. PLN19-0047, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, onsite sign postings, and notice to property owners within 1,000 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: The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the Menifee Municipal Code. Consistency with General Plan Page 2 of 4 Tentative Parcel Map No. PLN19-0047 (37071) July 14, 2021 The General Plan and Zoning designations of the site is Specific Plan No. 140 (Newport Estates). More specifically, the site is located within Planning Area No. 7 (Commercial) which allows for a variety of commercial uses. The proposed Tentative Parcel Map, a subdivision of 11.14 gross acres into six (6) parcels and one (1) lettered lot, meets the requirements of the Specific Plan land use designation. Properties to the north of the subject site are designated by the General Plan as 2.1-5 Residential (2.1-5R) and Public Facilities (PF), properties to the east are designated Economic Development Corridor (EDC) and properties to the west are designated 2.1-5R. Properties to the south of the subject site are also within the Newport Estates Specific Plan The proposed subdivision has been determined to be consistent with adopted Title 7, Subdivision Ordinance, of the Menifee Municipal Code. Furthermore, the subdivision will also comply with the development standards of the Newport Estates Specific Plan including minimum lot size and dimensions, furthering the project's consistency with the Development Code, General Plan, the Town Center Specific plan and the Menifee Municipal Code. Section 2: The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land 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 tentative parcel map does not involve parcels that are subject to the California Land Conservation Act of 1965 or that contain existing agricultural uses. Because this is not a parcel used for agricultural purposes and is not subject to the California Land Conservation Act 1965, subdividing the property from one parcel into six parcels and one lettered lot will not affect the agricultural viability of the property. Section 3: The site is physically suitable for the type and proposed density of development proposed by the tentative map. The Project site is generally flat with no significant grade changes and is covered mostly in light seasonal grasses and a few mature trees and has been generally disturbed from recent tilling and site weed abatement. The site is suitable for the proposed density of development proposed by the map. Furthermore, the proposed project is consistent with the type of development and density identified for the site by the Newport Estates Specific Plan No. 140, Planning Area No. 1 (Commercial) which envisioned a neighborhood shopping center. The site is being divided through this parcel map in order to accommodate a commercial center. Page 3 of 4 Tentative Parcel Map No. PLN19-0047 (37071) July 14, 2021 Therefore, the proposed tentative parcel map is physically suitable for the type and proposed density of development. Section 4: The design of the subdivision and the proposed improvements, with conditions of approval, are either. 1). Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or 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. Environmental impacts resulting from the proposal have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for the project determined that the impacts to Biological Resources would be less than significant with mitigation measures incorporated. The IS/MND determined that the design of the subdivision would not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Section 5: The design of the subdivision and the type of improvements are not likely to cause serious public health problems. Environmental impacts resulting from the proposal have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for the project determined that the impacts would all be less than significant or less than significant with mitigation measures incorporated. Furthermore, the parcel map has been analyzed and conditioned as necessary by the City's Public Works and Engineering Department and Building and Safety Departments, Riverside County Environmental Health, and the Fire Marshal for any potential impacts. Therefore, the design of the subdivision and the type of improvements are not likely to cause serious public health problems. Section 6: The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible As a commercial subdivision of vacant land, opportunities for future passive or natural heating or cooling would be included in the development of the site. The proposed commercial development includes a public plaza with shading opportunities and landscaped trellises have been provided throughout the site for additional cooling opportunities. Buildings within the development will also incorporate metal canopies and fabric awnings for protection from the elements. Therefore, the design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. 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 Page 4 of 4 Tentative Parcel Map No. PLN19-0047 (37071) July 14, 2021 or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The commercial subdivision does not propose conflict with any easements acquired by the public for access purposes. Access to surrounding properties will remain unchanged as a result of the subdivision. Section 7: 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). Per Section 7.75.090 of the Menifee Municipal Code, commercial subdivisions are exempt from Parkland and Dedication Fees. Therefore, the project is consistent with the requirements found in Chapter 7.75. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee makes the following findings: 1. That the Findings set out above are true and correct. 2. That the facts presented within the public record and within this resolution provide a basis to approve Tentative Parcel Map No. PLN 19-0047 subject to the Conditions of Approval set forth in Exhibit 1" of this Resolution. PASSED, APPROVED AND ADOPTED this the 14T" day of July, 2021 V -�'7� -7A Benjamin Dederich, Chairman Attest: Ei.. e ep anie Roseet , Deputy City Clerk Approved as to form: T i , Assistant City Attorney EXHIBIT Egli) CONDITIONS OF APPROVAL Planning Application No.: Tentative Parcel Map No. PLN19-0047 (Tentative Parcel Map No. 37071) Project Description: Tentative Parcel Map No. PLN19-0047 (Tentative Parcel Map No. 37071) proposes to subdivide 11.14 acres into six (6) commercial parcels and one (1) lettered lot ranging in size from 0.30 acres to 3.47 acres. Assessor's Parcel No.: 360-020-051 MSHCP Category: Commercial Retail DIF Category: Commercial Retail SKR Category: Discretionary permit on greater than % (0.5 acres) TUMF Category: Commercial Retail Quimby Category: Not Applicable Approval Date: July 14, 2021 Expiration Date: July 14, 2024 Tentative Parcel Map No. PLN19-0047 1 of 44 Within 48 Hours of the Approval of This Project 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. 2. Filing Notice of Determination (ND/MND). The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Five Hundred and Thirty Dollars and Twenty -Five Cents ($2,530.25) which includes the Two Thousand Four Hundred and Eighty Dollars and Twenty -Five Cent ($2,480.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination (ND) for the Mitigated or Negative Declaration (MND) required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. Tentative Parcel Map No. PLN19-0047 2 of 44 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Public Works Department Conditions of Approval Section IV: Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Tentative Parcel Map No. PLN19-0047 3 of 44 Section I: Conditions Applicable to All Departments Tentative Parcel Map No. PLN19-0047 4 of 44 General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Parcel Map No. 37071 shall be henceforth defined as follows: TENTATIVE MAP = EXHIBIT A - Tentative Parcel Map No. 37071 dated June 21, 2021 (Planning Application No. PLN19-0047) 5. Ninety (90) Days to Protest. The project developer 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 this approval or conditional approval of this project. 6. City of Menifee. 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 may identify and fund mitigation measures under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 7. Mitigation Monitoring and Reporting Program. The developer shall comply with the mitigation monitoring and reporting program ("MMRP") which is incorporated by reference as part of these conditions of approval. 8. Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. PLN19-0045, Tentative Parcel Map No. PLN19-0047, Conditional Use Permit Nos. PLN19-0044 and PLN20-0359 and Sign Program No. PLN19-0046. 9. Comply with Menifee Municipal Code Chapter 7 Subdivisions. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Title 7 (Subdivisions) of the Menifee Municipal Code, unless modified by the conditions listed herein. 10. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee approval date, unless extended as Tentative Parcel Map No. PLN19-0047 5 of 44 provided pursuant to the Subdivision Map Act, and the City of Menifee Subdivision Ordinance. Action on a minor change and/or revised map request shall not extend the time limits of the originally approved TENTATIVE MAP. If the TENTATIVE MAP expires before the recordation of the final phase, no further FINAL MAP recordation shall be permitted. Tentative Parcel Map No. PLN19-0047 6 of 44 Section II: Community Development Department w Conditions of Approval Tentative Parcel Map No. PLN19-0047 7 of 44 General Conditions Fees 11. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to final map, grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 17-232 (Fees and Charges), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Final Map 12. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Menifee Municipal Code Title 7 Subdivisions. 13. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 14. Reciprocal Access and Parking Agreements. Prior to map recordation, reciprocal access and parking agreements shall be established across all parcels for appropriate on -site circulation and access to and from Newport Road and Evans Road for the project site and to allow flexible parking overflow between parcels. 15. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Menifee Municipal Code Title 7 Subdivisions, which shall be submitted as part of the plan check review of the FINAL MAP. 16. ECS Mitigation Monitoring Plan — The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to the Mitigation and Monitoring and Reporting Plan adopted as part of the Mitigated Negative Declaration for the project on file with the Community Development Department." 17. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance." Tentative Parcel Map No. PLN19-0047 8 of 44 Fees 18. Survey Checklist. The Engineering and Community Development Departments shall review any FINAL MAP and ensure compliance with the following: A. All parcels on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration. B. All lots on the FINAL MAP shall comply with the length to width ratios, as established by Menifee Municipal Code Title 7 Subdivisions. C. The total number of parcels on the final map shall be 6 with 1 lettered lot. 19. Fees. Prior to recordation, the Planning Department shall determine if the deposit -based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the developer/owner and/or the developer/owner's successor -in -interest. Tentative Parcel Map No. PLN19-0047 9 of 44 Section III: Engineerinq/Public Works Department Conditions of Approval Tentative Parcel Map No. PLN19-0047 10 of 44 The following are the Public Works / Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works / Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL ENGINEERING CONDITIONS 20. This Tentative Parcel Map is concurrently processing a proposed plot plan, PLN19-0045, and a conditional use permit PLN19-0044, which has its own set of Conditions of Approval. The conditions for this Tentative Parcel Map, PLN19-0047 / TPM 37071, shall be satisfied in concurrence with the Conditions of Approval for the proposed CUP PLN19-044. 21. Subdivision Map Act - The developer / property owner shall comply with the State of California Subdivision Map Act. 22. Mylars — All improvement plans and grading plans shall be drawn on twenty- four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer and/or other registered/licensed professional as required. 23. Bond Agreement, Grading and Improvement Security — To guarantee the construction of all required grading and improvements, the developer / property owner shall enter into Bond Agreements and post security or bonds in accordance with applicable City policies and ordinances. The improvements shall include, but not limited to: onsite/offsite grading, erosion control, street improvements, street lights, traffic signals, signing and striping, public landscape improvements, recreational paseos, parks, water/sewer/recycled water improvements, water quality BMPs, and storm drainage facilities. Bond agreements and bond posting shall be required prior to map recordation, grading, building, or construction permit issuance, whichever is applicable. It should be noted that with the exception of grading bond agreements, all other bond agreements require council approvals. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project timing with City council calendar when requesting City approvals of Bond Agreements. 24. Bond Replacement, Reduction, and Releases — All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security. Similarly, with the exception of grading bond agreements all other agreement changes require City Council approvals. Therefore, it shall be the responsibility of the developer / property owner to coordinate their project Tentative Parcel Map No. PLN19-0047 11 of 44 timing with City Council calendar when requesting changes to the bond agreements. 25. Existing and Proposed Easements - The final grading plan shall correctly show all existing easements, traveled ways, and drainage courses. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration. 26. Plan Check Submittals - 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 (pavement, sidewalk, street lights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a "flash" drive or "thumb" drive, shall be submitted 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 Abf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. 27. Plan Approvals — Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive Public Works / Engineering Department approval prior to issuance of any construction permit, grading permit, or building permits as applicable and as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control and Water Conservation District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District. 28. As -Built Plans - Upon completion of all required improvements, the developer / property owner shall cause the civil engineer of record to as -built all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and AV) or (c) Geodatabase (made up of ESRI extension .gdb). The timing for submitting the as -built plans shall be as determined by the Public Works Director / City Engineer. 29. Construction Times of Operation - The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: Tentative Parcel Map No. PLN19-0047 12 of 44 a. Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the city located within one- fourth mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.010. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / 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 it has been determined that all operations and activities are in conformance with these conditions. d. A Pre -Construction meeting is mandatory with the City's Public Works Inspection team prior to start of any construction activities for this site. 30. 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 AND DRAINAGE 31. Introduction — Improvement such as grading, filling, over excavation and re - compaction, and base or paving which require a grading permit are subject to the Public Works Department conditions of approval stated herein. 32. Grading Regulations Chapter 8.26 — Any construction activity such as over excavation, re -compaction, cut, fill, base or paving which require a grading permit and shall conform to the requirements of City Grading Regulations Chapter 8.26. Additionally grading permits are subject to the Public Works Department conditions of approval stated herein. 33. Regulations and Ordinance on Grading Within the City — In addition to compliance with City Chapter 8.26, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Tentative Parcel Map No. PLN19-0047 13 of 44 Ordinances, City design standards and specifications and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare. 34. Grading Permit for Disturbed Soil — City ordinance on grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related to construction grading. 35. Dust Control — All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board. 36.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department. 37. Slope Setbacks — Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 38. Slope Landscaping and Irrigation — All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. Drip irrigation shall be used for all irrigated slopes. 39. Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect and bonded per applicable City ordinances. 40. Slope Stability Report — A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report. 41. Erosion Control Plans — All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round in compliance with all applicable City of Menifee Standards and Ordinances and the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from Tentative Parcel Map No. PLN19-0047 14 of 44 the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season. 42. Water Quality Management Plan - All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP report. The developer / property owner shall comply with the requirements of the W Q M P report, and City standards and specifications. 43. Design Grade Criteria: a. On -Site Parking — Parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devices. c. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2% or approved by the Public Works Director / City Engineer. Non-compliance with any of the above criteria may require a redesign of the project. Significant redesigns may require a revised Plot Plan and/or Tentative Parcel Map. 44. Drainage Grade - Minimum drainage design grade shall be 1 % except on Portland cement concrete surfaces where 0.5% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1 % with a justification for a lesser grade. 45. Finish Grade — Shall be sloped to provide proper drainage away from all exterior foundation walls. The slope shall be not less than 2% for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 1/2 inches deeper than the adjacent finish grade at the foundation. 46. 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 developer's or owner's expense. 47. 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, protection of the native soils shall Tentative Parcel Map No. PLN19-0047 15 of 44 be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 48. Alteration of Drainage Patterns — Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off -site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow. Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks. 49. Licensed Geotech - A licensed geotechnical engineer shall perform final determination of the foundation characteristics of soils within on -site development areas. 50. 10 Year Curb — 100 Year ROW - The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right-of-way. When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 51. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100 year storm flows as approved by the City of Menifee Public Works / Engineering Department. 52. 100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 100 year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department. 53. 100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be designed to convey the tributary 100 year storm flows. Additional emergency escape shall also be provided. 54.On-Site Storm Drain System - Prior to issuance of a grading permit, the proposed on -site storm drain system shall be designed such that any ponding in the 100 year storm, shall be contained within the site; it shall not encroach onto any adjacent property, and shall maintain a minimum 1-foot freeboard to the proposed building pad elevation. The 100 year storm flow shall be conveyed to the existing Riverside County Flood Control and Water Conservation District storm drain line in Newport Road, and shall not flow over the proposed parkway or within the driveway approach. 55. Retaining Walls — Sections, which propose retaining walls, will require separate permits. They shall be obtained prior to issuance of any other building permits — unless otherwise approved by the Building Official. The walls shall be designed by a registered civil engineer and conform to City Standards. Tentative Parcel Map No. PLN19-0047 16 of 44 Prior to Grading Permit Issuance: 56. Geotechnical Report — The following documentation was reviewed and approved by the City: a. Preliminary Soil Investigation Report Update, Proposed Newport Pointe Retail Center, APN: 360-020-051, Newport Road, Menifee, California, prepared by GeoMat Testing Laboratories, Inc., Project No. 18226-01, dated December 6, 2020. Two copies of City -approved geotechnical/soils report, no more than three (3) years from date of application for a grading permit, shall be provided to the City Public Works / Engineering Department with initial submittal of a grading plan. If there is no approved report and/or said report is past the three (3) years from date of application, a new geotechnical/soils report and/or update letter, respectively, shall be prepared and submitted to City for review and approval. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A fee for review of the geotechnical/soils report and/or update letter shall be paid to the City, the amount of which shall be determined by the City at the first submittal of the report. A pre -grading meeting, certifications, approvals and inspection procedures will be implemented in accordance with City Public Works - Inspection process. All grading shall be done in conformance with the recommendations of the City approved geotechnical/soils reports, and under the general direction of a licensed geotechnical engineer. 57. Drainage Study — The following report was reviewed and approved by the City: Preliminary Hydrology Report for Newport Pointe, prepared by Dost Engineering, received March 31, 2021. Two copies of a final drainage study (also referred to as Hydrology/Hydraulics Report) shall be submitted to the City for review and approval. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. The project shall comply with all mitigation recommended by the approved drainage study. A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by City at first submittal of report. 58. Grading Permit for Clearing and Grubbing — City ordinance on grading requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities. 59. Compliance with NPDES General Construction Permit — The developer/ property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resources Control Board (SWRCB). Tentative Parcel Map No. PLN19-0047 17 of 44 Prior to approval of the grading plans or issuance of any grading permit, the developer / property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans. For additional information on how to obtain a GCP, contact the SWRCB. 60. SWPPP - Prior to approval of the grading plans, the developer / property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer / property owner shall be responsible for uploading the SWPPP into the State's SMARTS database system, and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. The City shall require submittal of NOTs for requests to fully release associated grading bonds. 61. SWPPP for Inactive Sites - The developer / property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working condition at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. 62. Grading Bonds — Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant 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. 63. Import/Export — In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer/property owner shall have obtained approval for the import/export location from the Public Works / Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the Public Works Director / City Engineer for approval. Additionally, if the movement of import/export occurs using City roads, review and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform to the requirements of Chapter 8.26. 64.Offsite Grading — Prior to the issuance of a grading permit, it shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected landowners; including any off -site grading to construct the necessary transition from the west on Newport Road. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. Prior to Building Permif Issuance: Tentative Parcel Map No. PLN19-0047 18 of 44 65. Submit Plans — A copy of the improvement plans, grading plans, 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. All submittals shall be date stamped by the engineer and include a completed City Deposit or Fee Based Worksheet and the appropriate plan check fee or deposit. 66. No Building Permit Prior to Parcel Map Recordation — Prior to issuance of any building permit, the developer / property owner shall record the Parcel Map. 67. No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structures or appurtenances, the developer / property owner shall obtain a grading permit and/or approval to construct from the Public Works / Engineering Department. 68. Final Rough Grading Conditions — Prior to issuance of a building permit for any new structures or appurtenances, 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, for the lots for which building permits are requested. The certifications shall use City approved forms, and shall be submitted to the Public Works / Engineering Department for verification and acceptance. 69. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. Prior to Issuance of Certificate of Occupancy: 70. Final Grade Certification — The developer / property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit a signed and wet stamped final grade certification on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance. 71. 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. 72. Plant & Irrigate Slopes — All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3' in vertical height shall have erosion control measures provided. Slopes that exceed 15' in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department. Drip irrigation shall be provided for all irrigated slopes. Tentative Parcel Map No. PLN19-0047 19 of 44 C. PARCEL MAP 73. 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 Parcel Map thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved Tentative Map, and in accordance with Chapter 7.40 of the City of Menifee Municipal Code. 74. Licensed Surveyor — The Parcel Map shall be prepared by a licensed land surveyor or registered civil engineer qualified by California Board for Professional Engineers, Land Surveyors, and Geologists the to prepare Parcel Maps. 75. Reciprocal Access — Prior to map recordation, reciprocal access shall be established across all parcels for appropriate on -site circulation, access for the project site and to allow shared parking across parcels. 76. Surveyor Checklist — The City Engineering Department — Survey Division shall review the Parcel Map and ensure compliance with the following: a. All parcels on the Parcel Map shall be in substantial conformance with the approved Tentative Map relative to size and configuration. b. The total number of parcels on the Parcel Map shall be six. 77. ECS — The land divider shall prepare and Environmental Constraints Sheet (ECS) in accordance with Chapter 7.65 of the City of Menifee Municipal Code, which shall be submitted as part of the plan check review of the Parcel Map. A note shall be placed on the Parcel 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 XX , Page —XX—. 78. 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 the Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall in in conformance with the Dark Sky Ordinance." 79. ECS Mitigation Monitoring Plan — The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to the Mitigation and Monitoring and Reporting Plan adopted as part of the Mitigated Negative Declaration for the project on file with the Community Development Department." D. COVENANTS, CONDITIONS $ RESTRICTIONS (CC&Rs) Tentative Parcel Map No. PLN19-0047 20 of 44 80. Common Area Maintenance — Any common areas identified in the Tentative Parcel Map shall be owned and maintained as follows: a. A permanent master maintenance organization shall be established for the tentative parcel map area, to assume maintenance responsibility for all common areas. The organization may be public (City CFD, or another agency) or private (e.g., property owners' 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. (See also the Use / Maintenance of Ultimate Right -of -Way Portion of Property and Owner Improvements condition) b. The maintenance organization shall be established prior to or concurrent with the Parcel Map recordation. 81. Conditions, Covenants and Restrictions (Private Common Areas) — In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner association (POA) shall be the mechanism to maintain such common areas. (See also the Use / Maintenance of Ultimate Right -of -Way Portion of Property and Owner Improvements condition) 82. CC&R Content, Submittal Process and Timing — Prior to parcel map recordation, 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 hard copy and an electronic version of the CC&R's. A completed application form to review the CC&Rs, available at the Public Works / Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R's shall: i. provide for the establishment of a property owner's association, ii. provide for the ownership of the common area by the property owner's association, iii. contain provisions approved by the Public Works / Engineering Department, Community Development Department and the City Attorney, iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project's approved WQMP. v. Contain provisions notifying initial occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the property owners' association and/or the developer. vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that are otherwise not maintained by responsible property Tentative Parcel Map No. PLN19-0047 21 of 44 owners. If a separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs. b. As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c. Once approved, the developer / property owner shall provide a hard copy of the CC&R's wet -signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R's prior to or concurrent with the recordation of the parcel map. d. A deposit to pay for the review of the CC&Rs pursuant to the City's current fee schedule at the time the above -referenced documents are submitted to the Public Works / Engineering Department. E. STREETS AND DEDICATIONS 83. Street Improvements - Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. The development includes improvements to Newport Road and Evans Road along the project frontage. Vehicular access to the project as shown on the Plot Plan / Tentative Parcel Map will be provided via four driveways. Driveway #1 is located along Newport Road at the western end of the project. Driveway #2 is located along Newport Road between Parcel No 1 and Parcel No 2. Driveway #3 is located along Newport Road at the eastern end of the project. Driveway #4 is located along Evans Road at the southern end of the project. a) Newport Road — Newport Road shall be improved to a modified Urban Arterial designation with an ultimate half width Right of Way of 65 feet, 55 feet paved curb to centerline, a Class II bike lane, a 6 foot sidewalk adjacent to curb and a 4 foot wide parkway. The improvements shall include a raised median to restrict turns in and out of the development and a half signal at Driveway #2. Relocation of electrical power lines along Newport Road will be required. Prior to recordation of the Parcel Map, the developer shall construct or guarantee the construction of the public street improvements within Newport Road fronting the property to the centerline plus an additional 12 feet past centerline, as approved by the Public Works Director / City Engineer. Improvements shall be adequately transitioned back to the existing pavement to the west as shown on the approved plot plan and preliminary grading plan. The design of the street improvements and transition shall be reviewed and approved by the City Engineer. If needed, it shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents Tentative Parcel Map No. PLN19-0047 22 of 44 authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. b) Evans Road — Evans Road shall be improved to a modified Secondary designation with an ultimate half width Right of Way of 44 feet, 32 feet paved curb to centerline, a 6 foot sidewalk adjacent to curb and a 6 foot wide parkway. Prior to recordation of the Parcel Map, the developer shall construct or guarantee the construction of the public street improvements within Evans Road fronting the property to the centerline plus an additional 12 feet past centerline, as approved by the Public Works Director / City Engineer. The design of the street improvements shall be reviewed and approved by the City Engineer. If needed, it shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. c) Reconstruction or Resurfacing of Newport Road and Evans Road — The Public Works Director / City Engineer may consider reconstruction or resurfacing of existing Newport Road and Evans 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 City Engineer, the developer may core the existing pavement during project design to confirm the adequate section, and any findings shall be incorporated into the project design. The Public Works Director / City Engineer shall have the final approval for all road conditions. 84. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the Public Works Director / City Engineer. 85. Driveway Geometrics - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 86. Acceptance of Public Roadway Dedication and Improvements — Easements and right -of way for public roadways shall be granted to the City through the Parcel Map, or other acceptable recordable instrument. Tentative Parcel Map No. PLN19-0047 23 of 44 87. ADA Compliance — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official. 88. Paving or Paving Repairs — The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director / City Engineer. 89. 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. 90. Signing and Striping — A signing and striping plan for Newport Road and Evans Road is required for this project. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. 91. Traffic Signal Plan — The applicant shall be responsible for design of the half signal at Newport Road and Driveway #2. The traffic signal plan shall be approved by the Public Works Director / City Engineer. 92. Street Light Plan — Street lights requiring relocations, or any required new street lights shall be designed in accordance with current City Standards for LS-3 type streetlights. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer. 93. Street Sweeping and Pavement Maintenance. The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD for street sweeping services and street pavement maintenance. Prior to Issuance of Building Permit 94. Encroachment Permits — The developer / property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. 95. Improvement Bonds — Prior to issuance of any construction permit for all required onsite and offsite public improvements, and/or the recordation of the Parcel Map, whichever occurs first, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes (See also bond agreement condition under General Condition). 96. Newport Road Dedication. The developer / property owner shall construct or guarantee the construction of Newport Road to a modified Urban Arterial designation with an ultimate half width Right of Way of 65 feet, and 55 feet paved curb to centerline. The developer / property owner shall dedicate the necessary Newport Road right of way fronting the development on the Parcel Tentative Parcel Map No. PLN19-0047 24 of 44 Map. The Parcel Map boundary shall extend to the centerline of Newport Road, unless the street was previously dedicated in fee title in which case the map shall note the instrument number that dedicated the right of way. 97. Evans Road Dedication. The developer / property owner shall construct or guarantee the construction of Evans Road to a modified Secondary designation with an ultimate half width Right of Way of 44 feet, and 32 feet paved curb to centerline. The developer / property owner shall dedicate the necessary Evans Road right of way fronting the development on the Parcel Map. The Parcel Map boundary shall extend to the centerline of Newport Road, unless the street was previously dedicated in fee title in which case the map shall note the instrument number that dedicated the right of way. Prior to Issuance of Certificate of Occupancy: 98. Newport Road Improvements — Improvements on Newport Road fronting the development shall be completed to a modified Urban Arterial designation with and ultimate half width Right of Way of 65 feet and 55 feet paved curb to centerline prior to issuance of Certificate of Occupancy. Improvements shall be adequately transitioned from the east as shown on the approved plot plan and preliminary grading plan. Relocation of electrical power lines along Newport Road will be required. It shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 99. Evans Road Improvements — Improvements on Evans Road fronting the completed shall be improved to a modified Secondary designation with and ultimate half width Right of Way of 44 feet and 32 feet paved curb to centerline with a 6 foot sidewalk adjacent to curb and a 6 foot wide parkway prior to issuance of Certificate of Occupancy. It shall be the sole responsibility of the developer/property owner to obtain all proposed or required easements and/or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 100. Driveways and Driveway Approaches — Driveways and Driveway Approaches as shown on the approved plot plan/Tentative Parcel Map shall be designed and constructed prior to issuance of Certificate of Occupancy. The driveways shall be designed and constructed per City of Menifee No. 208 with the exception of the half signal at Driveway #2 on Newport Road which should be designed as a standard intersection with curb returns. F. TRAFFIC ENGINEERING 101. Traffic Impact Analysis Report — The development shall comply with all the improvements and mitigation measures identified to be constructed or provided in the traffic impact analysis approved by the Public Works / Tentative Parcel Map No. PLN19-0047 25 of 44 Engineering Department. The traffic study was prepared by Linscott, Law & Greenspan, Engineers, and dated April 28, 2021. All required improvements and mitigations identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. Additional improvements may be required to address public safety and welfare, as determined by the Public Works Director / City Engineer. Prior to Issuance of Construction Permit: 102. Sight Distance Analysis — Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans. 103. Signing and Striping Plan — Prior to issuance of a construction permit, any necessary signing and striping plan for Newport Road and Evans Road shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 104. Traffic Signal Plan — Prior to issuance of a construction permit, the traffic signal plan for the half signal at Newport Road and Driveway #2 shall be approved by the City Engineer in accordance with City standards and specifications. 105. Driveway Geometrics — Final driveway geometrics may be modified in final engineering as approved by the City Engineer / Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 106. Construction Traffic Control Plan — Prior to start of any project related construction, the developer / property owner shall submit to the Public Works / Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following: a. Dust and dirt fallout from truck loads that gets entrained onto City roadways: (1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP. Tentative Parcel Map No. PLN19-0047 26 of 44 b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets. c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices. Prior to Issuance of Certificate of Occupancy: 107. Construction of Roadway Improvements — The developer / property owner shall construct improvements on Newport Road to a modified Urban Arterial and Evans Road to a modified Secondary as shown on the Conditions of Approval. a. Newport Road Frontage Improvements — The developer / property owner shall construct Newport Road to it's ultimate half section width as a modified Urban Arterial between Evans Road and the western project boundary. The required improvements shall include construction of one (1) additional eastbound through lane, restriping of the eastbound bike lane and appropriate transition approved by the Public Works Director / City Engineer. The design shall be finalized during review of final construction drawings. b. Newport Road Raised Median — The developer / property owner shall construct a full raised median on Newport Road from Evans Road to the western property boundary with appropriate transition approved by the Public Works Director / City Engineer. The design shall be finalized during review of final construction drawings. c. Evans Road Driveway #4 — The developer / property owner shall construct the following improvements at the Evans Road driveway intersection: i. Northbound: two through lanes, one left turn lane ii. Southbound: one through lane, one shared through and right turn lane iii. Eastbound: one shared right turn and left turn lane d. Newport Road East Driveway #3 — The developer property owner shall construct the following improvements at the eastern Newport Road driveway intersection: i. Eastbound: Two through lanes, one shared through and right turn lane ii. Northbound: One right turn lane e. Newport Road Driveway #2 — The developer / property owner shall construct the following improvements at the center Newport Road driveway intersection: i. Install a half signal ii. Eastbound: Two through lanes, one shared through and right turn lane Tentative Parcel Map No. PLN19-0047 27 of 44 Westbound: Three through lanes, one left turn lane Northbound: One right turn lane Northbound: One right turn lane f. Newport Road West Driveway #1 — The developer / property owner shall construct the following improvements at the western Newport Road driveway intersection: iii. Eastbound: Two through lanes, one shared through and right turn lane iv. Northbound: One right turn lane 108. Intersection Geometrics — The following street intersections shall be improved with the following geometrics: a. Newport Road and Evans Road Intersection Improvements i. Northbound: One left turn lane, one through lane, one right turn lane. ii. Souhbound: One left turn lane, one shared through / right turn lane. iii. Eastbound: One left turn lane (200' existing pocket), two through lanes, one right turn trap. iv. Westbound: One left turn lane, two through lanes, one shared through / right turn lane. b. Newport Road: Full-ingress/right-turn out only half -signal at Driveway #2 between Parcels 1 and 2 i. Install a half signal ii. Westbound: One left turn lane, three through lanes iii. Eastbound: Two through lanes, one shared through and right turn lane iv. Northbound: One right turn only lane 109. Traffic Signal at the Intersection of Newport Road and Driveway #2 — Prior to issuance of Certificate of Occupancy, the developer / property owner shall construct a half traffic signal at Newport Road and Driveway #2. All new traffic signals shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic control devices shall be submitted with the traffic signal design plans, and shall be approved by the City Engineer / Public Works Director, prior to testing of a new traffic signal. Traffic signal poles shall be placed at ultimate locations when appropriate. The half signal shall have the following geometrics: a. Westbound: one left turn lane, three through lanes b. Eastbound: Two through lanes, one shared through and right turn lane c. Northbound: One right turn only lane 110. Fair Share Cost Participation for Off -site Improvements — The developer / property owner shall pay fair share costs for off -site improvements as detailed below prior to issuance of a certificate of occupancy. The fair share cost estimates shall be based on conceptual exhibits prepared by the developer, reviewed and approved by the Public Works Director / City Tentative Parcel Map No. PLN 19-0047 28 of 44 Engineer. The conceptual exhibits shall show the proposed improvements overlain onto the existing roadway in order to determine the cost of said improvement. These fair shares are determined as follows: a. Goetz Road at Railroad Canyon Road / Newport Road — The developer / property owner shall contribute a fair share construction cost of 5.5% toward the construction of a westbound right -turn overlap phase. b. Haun Road at Newport Road — The developer / property owner shall contribute a fair share construction cost of 3.7% toward the construction of a fourth eastbound through lane and the eastbound right -turn overlap phase. c. Holland Road Overcrossing — The developer / property owner shall contribute a fair share construction cost of 1.1% toward the construction of the Holland Road Overcrossing. G. NPDES and WQMP 111. Stormwater Management -All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program and as determined and 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. 112. Trash Enclosures Standards and Specifications — Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a. Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b. Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c. Provision of concrete slab floor, graded to collect any spill within the enclosure. d. All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e. The enclosure area shall be protected from receiving direct rainfall or run- on from collateral surfaces. f. The trash enclosure shall be lockable and locked when not in use with a 2- inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non -hazardous liquids without solid trash may be put Tentative Parcel Map No. PLN19-0047 29 of 44 in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a. The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b. A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c. Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. 113. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries — collectively referred to as the "Trash Amendments." Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee's MS4. All trash full capture devices shall be listed on the State Board's current list of certified full capture devices posted on their website (httos://www.waterboards.ca. ov1water issggslprograms/stormwateritrash i mplementation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city -owned storm drains or otherwise located within the public right of way. Prior to Grading Permit Issuance: 114. Final Project -Specific Water Quality Management Plan (Final WQMP) — The following report was reviewed and approved by the City: a. Preliminary Project Specific Water Quality Management Plan, Newport Pointe, DEV2019-053, prepared by Dost Engineering, dated March 24, 2021. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be Tentative Parcel Map No. PLN19-0047 30 of 44 reviewed and approved by the Public Works / Engineering Department. The final developed project construction plans 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. The FINAL WQMP submittal shall include at the minimum the following reports/studies: a) Hydrology/hydraulics report b) Soils Report that includes soil infiltration capacity 115. Revising the Final WQMP. In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 116. WQMP Maintenance Agreement — All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R's) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy: 117. WQMP/BMP Education — Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP's and educational and training requirements for said BMP's as directed in the approved WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer. Public Education Program materials may be obtained from the Riverside County Flood Control and Water Conservation District's NPDES Section through their website at www.rcwatershed.org. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. Tentative Parcel Map No. PLN19-0047 31 of 44 118. Implement WQMP - All structural BMPs described in the project -specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational. 119. Inspection of BMP Installation — Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. H. WATER, SEWER, AND RECYCLED WATER 120. Meet Minimum Standards — All public water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee. 121. Utility Improvement Plans — Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the Public Works / Engineering Department and EMWD. 122. Onsite and Offsite Sewer, Water and Recycled Water Improvements — AII public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to Parcel Map recordation and approval of improvement plans. 123. Sewer Lines —Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. 124. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. I. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) Tentative Parcel Map No. PLN19-0047 32 of 44 Prior to Final Map Recordation: 125. Annexation to the Citywide Community Facilities District (CFD) —Prior to Parcel Map recordation, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services). The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director / City Engineer. The developer / property owner shall be responsible for all costs associated with the annexation of the proposed development in the citywide CFD. 126. CFD Annexation Agreement — In the event timing for this development's schedule prevents the developer / property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete prior to the recordation of the Parcel Map. 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 issuance of a building permit. 127. Landscape Improvement Plans for CFD Maintenance — Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plan for review and approval by the Public Works / Engineering Department. 128. CFD Landscape Guidelines and Improvement Plans — All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit. 129. Landscaping on Newport Road and Evans Road — The parkway areas behind the sidewalk within the public right-of-way fronting the entire property along Newport Road and Evans Road shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD. 130. Maintenance of CFD Accepted Facilities — All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. J. WASTE MANAGEMENT Tentative Parcel Map No. PLN19-0047 33 of 44 131. AB 341 - AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a. Source separate recyclable and/or compostable material from solid waste and donate or self -haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi -family complex). d. Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.or.q/opencms/recycivin-q/recyLr,ling and compost businessh tml#mandatory 132. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal: 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 is subject to this requirement. Prior to Building Permit Issuance: 133. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/fagade, construction materials and signage. The plot plan shall Tentative Parcel Map No. PLN19-0047 34 of 44 clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 134. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B "Waste Reporting Form" of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amounts of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. Prior to Issuance of Certificate of OccuQancv 135. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, "Waste Reporting Form" of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the PW Director / City Engineer. K. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES 136. Fees and Deposits — Prior to approval of grading plans, improvement plans, issuance of building permits, map recordation, and/or issuance of certificate of occupancy, the developer / property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), Road and Bridge Benefit District (RBBD) Fee, and any applicable regional fees. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. 137. Road Bridge Benefit District (RBBD) — This project is within the Menifee Valley Zone C Road Bridge and Benefit District (RBBD). The applicant shall Tentative Parcel Map No. PLN19-0047 35 of 44 pay the RBBD fees based on the designated land use and areas, prior to issuance of a building permit. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment from the time of issuance of a building permit to issuance of a certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel. 138. TUMF Fees — Prior to the issuance of an occupancy permit, the developer / property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program. Tentative Parcel Map No. PLN19-0047 36 of 44 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. PC21- 539 as duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 14th day of July 2021 by the following vote: Ayes: LaDue, Thomas, White, Madrid, Diederich Noes: None Absent: None Abstain: None Ste anie Roseen, CMC Deputy City Clerk