PC23-580RESOLUTION NO. PC 23-580
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO.
37671 PLN19-007 FOR 182 SINGLE FAMILY HOMES WITHIN THE
MENIFEE VILLAGE SPECIFIC PLAN LOCATED SOUTH OF
DOMENIGONI PARKWAY AND WEST OF BRIGGS ROAD.
WHEREAS, the Menifee Village Specific Plan was originally approved by the
Riverside County Board of Supervisors on March 30, 1982 and subsequently been
amended six different times; and
WHEREAS, the property has a recorded tract map (tract Map 32101) approved
by the Riverside County Board of Supervisors on February 16, 2005 for the subdivision
of 69.3 acres into 197 single-family lots with a minim lot size of 6,000 square feet; and
WHEREAS, the recorded map cannot be constructed as designed due to the
need to realign Briggs Road; and
WHEREAS, on July 15, 2019, the applicant, Ron Sullivan of Diamond Brothers
Five Partnership, filed a formal application with the City of Menifee for the approval of
Tract Map No. 37671 PLN 19-007 for a subdivision consisting of 182 detached single-
family homes with a minimum lot size of 6,000 square feet on a 64-acre site with a
density of 2.8 dwelling units per acre. The tract will include 7.5 acres of open
space/landscape parcels, and a 2.9-acre park; and
WHEREAS, pursuant to Section 15183 of the 2022 California Environmental Act
(CEQA) & CEQA Guidelines, projects which are consistent with the density established
by existing zoning, community plan, or general plan policies for which an EIR was
certified are exempt from CEQA and shall not require additional environmental review;
and
WHEREAS, Conditions of Approval have been prepared and attached hereto as
Exhibit "A" of the resolution; and
WHEREAS, on December 14, 2022, the Planning Commission continued the
project off calendar at the request of the applicant; and
WHEREAS, on February 22, 2023, the Planning Commission held a duly noticed
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Tentative Tract Map No. PLN19-007,
which hearing was publicly noticed by a publication in the newspaper of general
circulation, an agenda posting, on -site, and notice to property owners within 300 feet of
the Project boundaries, and to persons requesting public notice; and
WHEREAS, all other legal prerequisites to the adoption of this resolution have
occurred.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
as follows:
TTM No. 37671 PLN19-007
February 22, 2023
Section 1: The City of Menifee's Planning Commission hereby makes the following
findings for Tentative Tract Map — PLN219-007 (TTM No. 37671) in
accordance with Title 7, Article 2, Chapter 7.20.090 "Findings for
Approval for Tentative Maps" of the City of Menifee Subdivision Code:
Finding 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.
The project site has a General Plan Land Use Designation of Menifee
Village Specific Plan which was approved as a master planned residential
community. The intent of the designation established in the specific plan
is residential development within the 2 to 5 dwelling units per acre density
range. The project is proposed at a density of 2.8 dwelling units per acre
which consistent with the specific plan land use designation.
In addition, the Project is consistent with the following City of Menifee
General Plan policies:
• LU-1.1: Concentrate growth in strategic locations to help preserve
rural areas, create place and identity, provide infrastructure efficiently,
and foster the use of transit options.
The proposed subdivision project is in close proximity to future
commercial developments to the west of the project site which will
enhance the walkability of the development and surrounding areas.
LU-1.5: Support development and land use patterns, where
appropriate, that reduce reliance on the automobile and capitalize on
multimodal transportation opportunities.
The project's proximity to several commercial retail zoned sites will
help promote walkability by the residents of the development. When
development of the surrounding commercial area starts, the residents
will have walkable, access to commercial and retail opportunities.
Consistency with the Zoning Code. The Tentative Tract Map is consistent
with the zone designation map.
The Project site is zoned Medium Density Residential within the Menifee
Village Specific Plan. The Tentative Tract Map proposes to subdivide the
project area into 182 single family lots. Additional lots are proposed for
recreational uses, open space areas, internal roads, and easements. As
recorded the minimum lot size required is 6,000 square feet.
Staff has reviewed and conditioned the subdivision for consistency with
subdivision ordinance requirements for lot sizes and dimensions, streets,
domestic water, fire protection, sewage disposal, and other applicable
requirements. The subdivision is consistent with the specific plan and the
Subdivision Ordinance requirements.
Page 2 of 5
TTM No. 37671 PLN19-007
February 22, 2023
Finding 2 - The tentative map does not propose to divide land which is subject
to a contract entered into pursuant to the California Conservation
Act of 1965, or the land is subject to a Land Conservation Act
contract but the resulting parcels following division of the land will
be of an adequate size to sustain their agricultural use:
The 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.
Finding 3 - The site is physically suitable for the type of development and the
proposed land use of the development.
The site is bounded by residential developments to the west, north and
south at a density compatible with what the project is proposing.
Additionally, the site (through the Specific Plan) has been laid out to be
physically suitable to accommodate the development with the proposed
number of lots as well as all other proposed improvements. Therefore, the
site is considered physically suitable for the type of development and the
proposed land use of the site.
The Project has been reviewed by the different Departments to ensure
compliance with applicable regulations, including, but not limited to, City
of Menifee Building and Safety, Engineering and Public Works, and
Riverside County Fire. These Departments have also provided conditions
of approval as appropriate to ensure compliance with applicable
regulations.
Finding 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 avoidable injure fish or wildlife of their
habitat; or
2. Subject to an environmental impact report (EIR) 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.
The original specific plan adopted an EIR with findings that the project
would not result in any significant impacts. Additionally, pursuant to
Section 15183 of the 2022 California Environmental Quality Act (CEQA)
Guidelines, projects which are consistent with the density established by
existing zoning, community plan, or general plan policies for which an EIR
was certified are exempt from CEQA and shall not require additional
environmental review.
Page 3 of 5
TTM No. 37671 PLN 19-007
February 22, 2023
The Tentative Tract Map will not result in conditions detrimental to the
public health, safety, or general welfare as designed and conditioned.
The map has been reviewed and conditioned by the City of Menifee
Community Development, Engineering, Building and Safety and Fire
Departments to ensure that it will not create conditions materially
detrimental to the surrounding uses.
Consistency with Multiple Species Habitat Conservation Plan
(MSHCP)
The City of Menifee has two active conservation plans within the City's
boundary, the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP), and the Stephen's Kangaroo Rat Habitat
Conservation Plan (SKR-HCP). The subject site is within the jurisdiction
of the SKR-HCP and the Western Riverside County MSHCP. The Project
site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi)
(SKR) Fee Area. The proposed project is located within the boundaries of
the Western Riverside County Multiple Species Habitat Conservation
Plan; however, the Project is not located within a Criteria Cell or Cell
Group. The project will be subject to the payment of fees consistent with
City of Menifee Municipal Code Chapter 8.27. Therefore, the Project will
not conflict with the provisions of the adopted HCP, Natural Conservation
Community Plan, or other approved local, regional, or state conservation
plan and the impact is considered less than significant.
Finding 5 - The design of the subdivision and the type of improvements are not
likely to cause serious public health problems.
The public health, safety and general welfare are protected through
project design and conditions of approval. The project site is surrounded
by single-family residences to the west, north, and south.
The Project has been reviewed and conditioned by the City of Menifee
Planning, Engineering, Police, and Fire Departments to ensure that it will
not create conditions materially detrimental to the surrounding uses, nor
will be detrimental to the public health, safety, and general welfare or
incompatible with other properties or land uses in the project vicinity.
Finding 6 - The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent
feasible.
The project will be designed with passive or natural heating opportunities
such as solar amenities. The project will be consistent with the
development code and the requirements of California Code of
Regulations of Title 24, including requirements for energy efficiency,
thermal insulation, and solar panels.
Finding 7 - The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access
through or use of property within the proposed subdivision, or the
Page 4 of 5
TTM No. 37671 PLN 19-007
February 22, 2023
design of the alternate easements which are substantially equivalent
to those previously acquired by the public will be provided.
The subdivision makes provisions for all existing and future easements for
all utilities and public use purposes including the existing gas easement
that bisects the site.
Finding 8 - The subdivision is consistent with the City's parkland dedication
requirements (per the Quimby Act) as applicable, in accordance with
Chapter 7.75 (Parkland Dedication and fees).
The proposed subdivision will fulfill Quimby obligations though the
construction of the park and payment of fees as determined by the
Community Services Department. Fees are required for consistency with
the Quimby Act.
NOW, THEREFORE, 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 Tract Map No. (37671) PLN19-007
subject to the Conditions of Approval set forth in Exhibit "A" to this
Resolution.
3. Resolution Regardinq Custodian of Record: The documents and
materials that constitute the record of proceedings on which this
Resolution has been based are located at the Community Development
Department — Planning Division, 29844 Haun Road, Menifee, CA 92586.
This information is provided in compliance with Public Resources Code
section 21081.6.
PASSED, APPROVED AND ADOPTED this the 22"d day of February, 2023.
dv� I
)"I"ADue, Chairman
chel Valencia, Acting Deputy City Clerk
Approved as to form:
Th an, Assistant City Attorney
Page 5 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Application No.: Tentative Tract Map No. 37671 (PLN19-007)
Project Description: Tentative Tract Map No. (37671) PLN 19-007 proposes a
subdivision consisting of 182 detached single-family homes
with a minimum lot size of 6,000 square feet on a 64-acre
site with a density of 2.8 dwelling units per acre. The tract
will include 7.5 acres of open space/landscape parcels, and
a 2.9-acre park.
The project site is located on the south side of Domenigoni
Parkway and west of Briggs Road within the Menifee Village
Specific Plan.
SP Planning Area: Menifee Village Specific Plan PA 4-6
MSHCP Category: Residential (between 0 to 8 du/ac)
DIF Category: Single -Family Residential
TUMF Category: Single -Family Residential (contact WRCOG)
Quimby Category:
Single-family residential for detached dwelling units.
Approval Date:
February 22, 2023
Expiration Date:
February 22, 2026
Page 1 of 63
Within 48 Hours of the Approval of This Project
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning
Division, a cashier's check or money order made payable to the City of Menifee in
the amount of fifty dollars ($50) for the County administrative fee, to enable the
City to file the Notice of Exemption (NOE) for the project within forty-eight (48)
hours of the approval of the project.
2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and agents
from and against any and all claims, liabilities, losses, fines, penalties, and
expenses, including without limitation litigation expenses and attorney's fees,
arising out of either the City's approval of the Project or actions related to the
Property or the acts, omissions, or operations of the applicant/developer and its
directors, officers, members, partners, employees, agents, contractors, and
subcontractors of each person or entity comprising the applicant/developer with
respect to the ownership, planning, design, construction, and maintenance of the
Project and the Property for which the Project is being approved. In addition to the
above, within 15 days of this approval, the developer/applicant shall enter into an
indemnification agreement with the City. The indemnification agreement shall be
substantially the same as the form agreement currently on file with the City.
Page 2 of 63
Section I: Conditions applicable to All Departments
Section II: Community Development Conditions of
Approval
Section III: Engineering/Grading/Transportation
Conditions of Approval
Section IV: Building and Safety Department Conditions
of Approval
Section V: Riverside County Fire Department
Conditions of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
Page 3 of 63
Section
Conditions Applicable to all
Departments
Page 4 of 63
General Conditions
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of TTM No. 37671 PLN 19-007 shall be henceforth defined
as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the
Permittee of this project.
APPROVED EXHIBIT A = Tentative Tract Map and Conceptual Grading
Plan for TTM No. 37671 PLN 19-007.
4. Ninety (90) Days. The permittee 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.
5. Expiration Date. This approval shall be used within three (3) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By use
is meant the beginning of substantial construction contemplated by this approval
within a three-(3)-year period which is thereafter diligently pursued to completion
or to the actual occupancy of existing buildings or land under the terms of the
authorized use. Prior to the expiration of the three-(3)-year period, the permittee
may request up to a three-(3)-year extension of time in which to begin substantial
construction or use of this permit. Should the three-(3)-year extension be obtained
and no substantial construction or use of this permit be initiated within six (6) years
of the approval date this permit, shall become null and void.
6. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
Page 5 of 63
Section II:
Community Development
Conditions of Approval
Page 6 of 63
General Conditions
7. Comply with Ordinances. The development of these premises'shall comply with
the standards of the City of Menifee Development Code and City of Menifee
Municipal Code and all other applicable ordinances and State and Federal codes
and regulations.
8. Map Act Compliance. This land division shall comply with the State of California
Subdivision Map Act and to all requirements of Menifee Municipal Code, unless
modified by the conditions listed herein.
9. Specific Plan. The applicant shall comply with the Menifee Village Specific Plan
standards and regulations.
10. MMRP. The applicant shall comply with the MMRP adopted for Tract 32101.
11. No Offsite Subdivision Signage. No offsite subdivision signs advertising this land
division/development are permitted, other than those allowed under the Menifee
Municipal Code Section. Violation of this condition of approval may result in no
further permits of any type being issued for this subdivision until the unpermitted
signage is removed.
12. Design Guidelines. The land divider shall comply with the City-wide design
guidelines.
13. One -Story Homes. One-story homes shall be required on lots 163, 165,167, 168,
170, 171, 172, 174, 175 and 176.
14. Phased Construction. If construction is phased, a phasing plan for construction
and landscaping installation shall be approved by the Community Development
Director.
15. Rules for Construction Activities. The permittee shall comply with all SCAQMD
established minimum requirements for construction 'activities to reduce fugitive
dust and PM,o emissions. Current requirements include, but may not be limited
to:
• Any construction equipment using direct internal combustion engines shall
use diesel fuel with a maximum of 0.05 percent sulfur and a four -degree
retard.
• Construction operations affecting off -site roadways shall be scheduled by
implementing traffic hours and shall minimize obstruction of through traffic
lanes.
• On -site heavy equipment used during construction shall be equipped with
diesel particulate filters unless it is demonstrated that such equipment is
not available, or its use is not cost -competitive.
16. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402
which prohibits a person from discharging any source quantities of air
Page 7 of 63
contaminants or other material which cause injury, nuisance, or annoyance to any
considerable number of persons or to the public.
ARCHEOLOGY
17. Human Remains. If human remains are encountered, State Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the
Riverside County Coroner has made the necessary findings as to origin. Further,
pursuant to Public Resource Code Section 5097.98(b) remains shall be left in
place and free from disturbance until a final decision as to the treatment and
disposition has been made. If the Riverside County Coroner determines the
remains to be Native American, the Native American Heritage Commission shall
be contacted within the period specified by law (24 hours). Subsequently, the
Native American Heritage Commission shall identify the "most likely descendant."
The most likely descendant shall then make recommendations and engage in
consultation concerning the treatment of the remains as provided in Public
Resources Code Section 5097.98.
18. Non -Disclosure of Location Reburials. It is understood by all parties that unless
otherwise required by law, the site of any reburial of Native American human
remains or associated grave goods shall not be disclosed and shall not be
governed by public disclosure requirements of the California Public Records Act.
The Coroner, pursuant to the specific exemption set forth in California Government
Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public
disclosure information related to such reburial, pursuant to the specific exemption
set forth in California Government Code 6254 (r).
19. Inadvertent Archeological Find. If during ground disturbance activities, unique
cultural resources are discovered that were not assessed by the archaeological
report(s) and/or environmental assessment conducted prior to project approval,
the following procedures shall be followed. Unique cultural resources are defined,
for this condition only, as being multiple artifacts in close association with each
other, but may include fewer artifacts if the area of the find is determined to be of
significance due to its sacred or cultural importance as determined in consultation
with the Native American Tribe(s).
a. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
developer, the archaeologist, the tribal representative(s) and the
Community Development Director to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed and
after consultation with the tribal representative(s) and the archaeologist, a
decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural resources.
c. Grading of further ground disturbance shall not resume within the area of
the discovery until an agreement has been reached by all parties as to the
appropriate mitigation. Work shall be allowed to continue outside of the
buffer area and will be monitored by additional Tribal monitors if needed.
Page 8 of 63
d. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Management Plan and Monitoring
Agreements entered into with the appropriate tribes. This may include
avoidance of the cultural resources through project design, in -place
preservation of cultural resources located in native soils and/or re -burial on
the Project property so they are not subject to further disturbance in
perpetuity as identified in Non -Disclosure of Reburial Condition.
e. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred
method of preservation for archaeological resources and cultural
resources. If the landowner and the Tribe(s) cannot agree on the
significance or the mitigation for the archaeological or cultural resources,
these issues will be presented to the City Community Development Director
for decision. The City Community Development Director shall make the
determination based on the provisions of the California Environmental
Quality Act with respect to archaeological resources, recommendations of
the project archeologist and shall take into account the cultural and
religious principles and practices of the Tribe. Notwithstanding any other
rights available under the law, the decision of the City Community
Development Director shall be appealable to the City Planning Commission
and/or City Council."
20. Cultural Resources Disposition. In the event that Native American cultural
resources are discovered during the course of ground disturbing activities
(inadvertent discoveries), the following procedures shall be carried out for final
disposition of the discoveries:
a. One or more of the following treatments, in order of preference, shall be
employed with the tribes. Evidence of such shall be provided to the City of
Menifee Community Development Department:
• Preservation -In -Place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them
in the place where they were found with no development affecting
the integrity of the resources.
Reburial of the resources on the Project property. The measures
for reburial shall include, at least, the following: Measures and
provisions to protect the future reburial area from any future impacts
in perpetuity. Reburial shall not occur until all legally required
cataloging and basic recordation have been completed, with an
exception that sacred items, burial goods and Native American
human remains are excluded. Any reburial process shall be
culturally appropriate. Listing of contents and location of the reburial
shall be included in the confidential Phase IV report. The Phase IV
Report shall be filed with the City under a confidential cover and not
subject to Public Records Request.
• If preservation in place or reburial is not feasible then the resources
shall be curated in a culturally appropriate manner at a Riverside
County curation facility that meets State Resources Department
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Office of Historic Preservation Guidelines for the Curation of
Archaeological Resources ensuring access and use pursuant to the
Guidelines. The collection and associated records shall be
transferred, including title, and are to be accompanied by payment
of the fees necessary for permanent curation. Evidence of curation
in the form of a letter from the curation facility stating that subject
archaeological materials have been received and that all fees have
been paid, shall be provided by the landowner to the City. There
shall be no destructive or invasive testing on sacred items, items of
Native American Cultural Patrimony, burial goods and Native
American human remains. Results concerning finds of any
inadvertent discoveries shall be included in the Phase IV monitoring
report.
21. Inadvertent Paleontological Find. In the event that fossils or fossil -bearing
deposits are discovered during construction, excavations within fifty (50) feet of the
find shall be temporarily halted or diverted. The contractor shall notify a qualified
paleontologist to examine the discovery. The paleontologist shall document the
discovery as needed in accordance with Society of Vertebrate Paleontology
standards, evaluate the potential resource, and assess the significance of the find
under the criteria set forth in CEQA Guidelines Section 15064.5. The
paleontologist shall notify the Community Development Department to determine
procedures that would be followed before construction is allowed to resume at the
location of the find. If in consultation with the paleontologist, the Project proponent
determines that avoidance is not feasible, the paleontologist shall prepare an
excavation plan for mitigating the effect of the Project on the qualities that make
the resource important. The plan shall be submitted to the Community
Development Department for review and approval and the Project proponent shall
implement the approval plan.
LANDSCAPING
22. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Community Development Department and
the South Coast Air Quality Management District (SCAQMD).
23. Landscape Plans. All landscaping plans shall be prepared in accordance with the
City's Water Efficient Landscape Ordinance. Such plans shall be reviewed and
approved by the Community Development Department, and the appropriate
maintenance authority.
24. Landscape Submittals. All on -site
Community Development Department
submitted to Public Works Department.
landscape plans shall be submitted to
and all off -site landscape plans shall be
25. Viable Landscaping. All plant materials within landscaped areas shall be
maintained in a viable growth condition and free of weeds and debris throughout
the life of this plot plan. To ensure that this occurs, the Community Development
Page 10 of 63
Department shall require inspections prior to final inspection and six (6) months
and twelve (12) months after the final inspection.
26. Maintenance of Parks and Landscaping. All landscaping and similar
improvements not properly maintained by a property owners association,
individual property owners, or the common area maintenance director must be
annexed into a Lighting and Landscape District, or other mechanism as
determined by the City of Menifee.
27. Landscape Maintenance. The land divider, or any successor -in -interest to the
land divider, shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems within the land division until such time as
those operations are the responsibility of a property owner's association, or any
other successor -in -interest.
FEES
28. Subsequent Submittals. Any subsequent submittals required by these
Conditions of Approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research fee),
or other such review fee as may be in effect at the time of submittal, as required
by Resolution No. 22-1229 (Cost of Services Fee Study), or any successor thereto.
Each submittal shall be accompanied with a letter clearly indicating which condition
or conditions the submittal is intended to comply with.
Prior to Final Map
29. Final Map Required. After the approval of the TENTATIVE MAP and prior to the
expiration of said map, the land divider shall cause the real property included within
the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP
thereof prepared in accordance with the current Engineering Department - Survey
Division requirements, the conditionally approved TENTATIVE MAP, and in
accordance with the City of Menifee Municipal Code.
30. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land
surveyor or registered civil engineer.
31. Surveyor Checklist. The City Engineering Department - Survey Division shall
review any FINAL MAP and ensure compliance with the following:
A. All lots on the FINAL MAP shall be in substantial conformance with the
approved TENTATIVE MAP relative to size and configuration.
B. All lot sizes and dimensions on the FINAL MAP shall be in conformance
with the development standards of the Menifee Municipal Code, Menifee
Village Specific Plan and General Plan
C. The common open space areas shall be shown as a numbered lot on the
FINAL MAP.
32. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS)
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in accordance with Menifee Municipal Code, which shall be submitted as part of
the plan check review of the FINAL MAP. A note shall be placed on the FINAL
MAP "Environmental Constraint Sheet affecting this map is on file at the City of
Menifee Public Works and Engineering Department, in E.C.S Book _, Page _.
The ECS shall include the following notes:
"The property is subject to the MMRP for Tract 32101"
"Lots 25-47 are located within the High Fire Area and subject to additional Building
and Fire Department conditions"
33. Maintenance Exhibit. Prior to map recordation, the developer shall prepare an
exhibit that shows all open space lots within the tract and the maintenance entity
for each lot. The exhibit shall be reviewed and approved by the Community
Development Department and Public Works and Engineering Department.
Prior to Issuance of Gradinq Permit
34. Archeologist Retained. Prior to issuance of a grading permit the project applicant
shall retain a Riverside County qualified archaeologist to monitor all ground
disturbing activities in an effort to identify any unknown archaeological resources.
a. The Project Archaeologist and the Tribal monitor(s) shall manage and
oversee monitoring for all initial ground disturbing activities and excavation
of each portion of the project site including clearing, grubbing, tree
removals, mass or rough grading, trenching, stockpiling of materials, rock
crushing, structure demolition and etc. The Project Archaeologist and the
Tribal monitor(s), shall have the authority to temporarily divert, redirect or
halt the ground disturbance activities to allow identification, evaluation, and
potential recovery of cultural resources in coordination with any required
special interest or tribal monitors.
b. The developer/permit holder shall submit a fully executed copy of the
contract to the Community Development Department to ensure compliance
with this condition of approval. Upon verification, the Community
Development Department shall clear this condition.
c. In addition, the Project Archaeologist, in consultation with the Consulting
Tribe(s), the contractor, and the City, shall develop a Cultural Resources
Management Plan (CRMP) in consultation pursuant to the definition in
AB52 to address the details, timing and responsibility of all archaeological
and cultural activities that will occur on the project site. A consulting tribe is
defined as a tribe that initiated the AB 52 tribal consultation process for the
Project, has not opted out of the AB52 consultation process, and has
completed AB 52 consultation with the City as provided for in Cal Pub Res
Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
d. Project grading and development scheduling;
• The Project archeologist and the Consulting Tribes(s) shall attend
the pre -grading meeting with the City, the construction manager
and any contractors and will conduct a mandatory Cultural
Resources Worker Sensitivity Training to those in attendance.
The Training will include a brief review of the cultural sensitivity of
the Project and the surrounding area; what resources could
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potentially be identified during earthmoving activities; the
requirements of the monitoring program; the protocols that apply
in the event inadvertent discoveries of cultural resources are
identified, including who to contact and appropriate avoidance
measures until the find(s) can be properly evaluated; and any
other appropriate protocols. All new construction personnel that
will conduct earthwork or grading activities that begin work on the
Project following the initial Training must take the Cultural
Sensitivity Training prior to beginning work and the Project
archaeologist and Consulting Tribe(s) shall make themselves
available
• The protocols and stipulations that the contractor, City, Consulting
Tribe(s) and Project archaeologist will follow in the event of
inadvertent cultural resources discoveries, including any newly
discovered cultural resource deposits that shall be subject to a
cultural resources evaluation.
35. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on -
site during all ground -disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder shall
retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians.
Prior to issuance of a grading permit, the developer shall submit a copy of a signed
contract between the above -mentioned Tribe and the land divider/permit holder for
the monitoring of the project to the Community Development Department and to
the Engineering Department. The Tribal Monitor(s) shall have the authority to
temporarily divert, redirect or halt the ground -disturbance activities to allow
recovery of cultural resources, in coordination with the Project Archaeologist.
36. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on -
site during all ground -disturbing activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc. The land divider/permit holder shall
retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior
to issuance of a grading permit, the developer shall submit a copy of a signed
contract between the above -mentioned Tribe and the land divider/permit holder for
the monitoring of the project to the Community Development Department and to
the Engineering Department. The Native American Monitor(s) shall have the
authority to temporarily divert, redirect or halt the ground -disturbance activities to
allow recovery of cultural resources, in coordination with the Project Archaeologist.
37. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
a. The permittee shall retain a qualified paleontologist approved by the City
of Menifee to create and implement a project -specific plan for monitoring
site grading/earthmoving activities which exceeds 5 feet in depth in native
sedimentary.
b. The project paleontologist retained shall review the approved Tentative
Tract Map and shall conduct any pre -construction work necessary to render
appropriate monitoring and mitigation requirements as appropriate. These
requirements shall be documented by the project paleontologist in a
Paleontological Resource Impact Mitigation Program (PRIMP). This
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PRIMP shall be submitted to the Community Development Department for
review and approval prior to issuance of a Grading Permit.
c. Information to be contained in the PRIMP, at a minimum and in addition to
other industry standard and Society of Vertebrate Paleontology standards,
are as follows:
i. The project paleontologist shall participate in a pre -construction
project meeting with development staff and construction
operations to ensure an understanding of any mitigation measures
required during construction, as applicable.
Paleontological monitoring of earthmoving activities will be
conducted on an as -needed basis by the project paleontologist
during all earthmoving activities that may expose sensitive strata.
Earthmoving activities in areas of the project area where
previously undisturbed strata will be buried but not otherwise
disturbed will not be monitored. The project paleontologist or
his/her assign will have the authority to reduce monitoring once
he/she determines the probability of encountering fossils has
dropped below an acceptable level.
iii. If the project paleontologist finds fossil remains, earthmoving
activities will be diverted temporarily around the fossil site until the
remains have been evaluated and recovered. Earthmoving will be
allowed to proceed through the site when the project paleontologist
determines the fossils have been recovered and/or the site
mitigated to the extent necessary.
iv. If fossil remains are encountered by earthmoving activities when
the project paleontologist is not onsite, these activities will be
diverted around the fossil site and the project paleontologist called
to the site immediately to recover the remains.'
V. If fossil remains are encountered, fossiliferous rock will be
recovered from the fossil site and processed to allow for the
recovery of smaller fossil remains. Test samples may be recovered
from other sampling sites in the rock unit if appropriate.
vi Any recovered fossil remains will be prepared to the point of
identification and identified to the lowest taxonomic level possible
by knowledgeable paleontologists. The remains then will be
curated (assigned and labeled with museum* repository fossil
specimen numbers and corresponding fossil site numbers, as
appropriate; places in specimen trays and, if necessary, vials with
completed specimen data cards) and catalogued, an associated
specimen data and corresponding geologic and geographic site
data will be archived (specimen and site numbers and
corresponding data entered into appropriate museum repository
catalogs and computerized data bases) at the museum repository
by a laboratory technician. The remains will then be accessioned
into the museum* repository fossil collection, where they will be
permanently stored, maintained, and, along with associated
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specimen and site data, made available for future study by
qualified scientific investigators.
vii. The City of Menifee must be consulted on the repository/museum
to receive the fossil material prior to being curated.
viii. A qualified paleontologist shall prepare a report of findings made
during all site grading activity with an appended itemized list of
fossil specimens recovered during grading (if any). This report
shall be submitted to the Community Development Department for
review and approval prior to building final inspection as described
elsewhere in these conditions.
ix. All reports shall be signed by the project paleontologist and all
other professionals responsible for the report's content (e.g.
Professional Geologist, Professional Engineer, etc.), as
appropriate. Two wet -signed original copies of the report shall be
submitted directly to the Community Development Department
along with a copy of this condition, deposit -based fee and the
grading plan for appropriate case processing and tracking.
38. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director or review and approval demonstrating
compliance with the standard conditions of approval for this project which must be
satisfied prior to issuance of grading permits. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
39. Rough and Precise Grading Plan Review. The Community Development
Department shall review the rough and precise grading plans for consistency with
the approved site plan and conceptual grading plan and the conditions of approval.
40. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management District
(SCAQMD) Rule 403. The permittee shall include in construction contracts the
control measures required under Rule 403 at the time of development, including
the following:
a. Use watering to control dust generation during demolition of structures or
break-up of pavement. The construction area and vicinity (500-foot radius)
must be swept (preferably with water sweepers) and watered at least twice
daily. Site wetting must occur often enough to maintain a 10 percent
surface soil moisture content throughout all earth moving activities. All
unpaved demolition and construction areas shall be wetted at least twice
daily during excavation and construction, and temporary dust covers shall
be used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three
times daily;
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c. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
d. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
e. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
f. Onsite stockpiles of debris, dirt or dusty material must be covered or
watered at least twice daily;
g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute period or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means
to prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
r. All materials transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction
site that identifies the permitted construction hours and provides a
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telephone number to call and receive information about the construction
project or to report complaints regarding excessive fugitive dust generation.
Any reasonable complaints shall be rectified within 24 hours of their receipt.
41. AQMD Rule 402. The project developer shall implement the following measures
to reduce the emissions of pollutants generated by heavy-duty diesel -powered
equipment operating at the project site throughout the project construction phases.
The project developer shall include in construction contracts the control measures
as may be required under Rule 402, at the time of development, including the
following:
a. Keep all construction equipment in proper tune in accordance with
manufacturer's specifications.
b. Use late model heavy-duty diesel -powered equipment at the project site to
the extent that it is readily available in the South Coast Air Basin (meaning
that it does not have to be imported from another air basin and that the
procurement of the equipment would not cause a delay in construction
activities of more than two weeks).
c. Use low -emission diesel fuel for all heavy-duty diesel -powered equipment
operating and refueling at the project site to the extent that it is readily
available and cost effective in the South Coast Air Basin (meaning that it
does not have to be imported from another air basin, that the procurement
of the equipment would not cause a delay in construction activities of more
than two weeks, that the cost of the equipment use is not more than 20
percent greater than the cost of standard equipment (This measure does
not apply to diesel -powered trucks traveling to and from the site).
d. Utilize alternative fuel construction equipment (i.e., compressed natural
gas, liquid petroleum gas), if equipment is readily available and cost
effective in the South Coast Air Basin (meaning that it does not have to be
imported from another air basin, that the procurement of the equipment
would not cause a delay in construction activities of more than two weeks,
that the cost of the equipment use is not more than 20 percent greater than
the cost of standard equipment).
e. Limit truck and equipment idling time to five minutes or less.
Rely on the electricity infrastructure surrounding the construction sites
rather than electrical generators powered by internal combustion engines
to the extent feasible.
g. General contractors shall maintain and operate construction equipment so
as to minimize exhaust emissions.
Prior to Issuance of Building Permit
42. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director or review and approval demonstrating
compliance with the standard conditions of approval for this project which must be
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satisfied prior to issuance of building permits. The Community Development
Director may require inspection or other monitoring to ensure such compliance.
43. Dark Sky Ordinance. All streetlights and other outdoor lighting shall be shown on
electrical plans submitted to the Department of Building and Safety and the
Community Development Department for plan check approval and shall comply
with the requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky
Ordinance", and the General Plan.
44. Wall and Fencing Plan. A wall and fencing plan shall be submitted to the
Community Development Department for review and approval showing all wall and
fence locations and typical views of all types of fences or walls proposed. This
plan shall require anti -graffiti coatings on fences and walls, where applicable. The
plan shall be approved prior to issuance of a Building Permit.
45. Roof Mounted Equipment. Roof -mounted mechanical equipment shall not be
permitted within the subdivision, however, solar equipment or any other energy -
saving devices shall be permitted with Community Development Department
approval.
46. Utilities Underground. All utility extensions within- a lot shall be placed
underground.
MINOR PLANS REQUIRED
47. Landscaping Plans. The land divider/permit holder shall file electronic
Landscaping and Irrigation Plan to the Community Development Department for
review and approval. Said plan shall be submitted to the Department in the form
of a plot plan application pursuant to Menifee Municipal Code, along with the
current fee. The plan shall be in compliance with the Menifee Municipal Code and
the TENTATIVE MAP conditions of approval.
The plan shall address all areas and conditions of the tract requiring landscaping
and irrigation to be installed including, but not limited to, open space lots including
slope planting, common area, and individual front yard landscaping. Emphasis
shall be placed on using plant species that are drought tolerant and low water
using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all landscaped
areas requiring irrigation. Low water use systems are encouraged.
2) All utility service areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as approved by
the Community Development Department. Utilities shall be placed
underground.
3) Any required landscape screening shall be designed to be opaque up to a
minimum height of six (6) feet at maturity.
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4) Parkways and landscaped building setbacks shall be landscaped to
provide visual screening or a transition into the primary use area of the site.
Landscape elements shall include earth berming, ground cover, shrubs,
and specimen trees in conjunction with meandering sidewalks, benches,
and other pedestrian amenities where appropriate as approved by the
Community Development Department.
5) Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
6) Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
7) Turf shall be eliminated in areas unless provided for active uses.
8) All basins for drainage and/or water quality shall be screened from view
with landscaping.
9) All specimen trees and significant rock outcroppings on the subject
property intended for retention shall be shown on the project's grading
plans. Replacement trees for those to be removed shall also be shown.
10) All trees shall be minimum double -staked. Weaker and/or slow -growing
trees shall be steel -staked.
11) Multi -programmable irrigation controllers which have enough programs to
break up all irrigation stations into hydro zones shall be used. If practical
and feasible, rain shutoff devices shall be employed to prevent irrigation
after significant precipitation. Irrigation systems shall be designed so areas
which have different water use requirements are not mixed on the same
station (hydro zones). Assistance in implementing a schedule based on
plant water needs is available from CIMIS or Mobile Lab. The use of drip
irrigation should be considered for all planter areas that have a shrub
density that will cause excessive spray interference of an overhead
irrigation system. Use flow reducers to mitigate broken heads next to
sidewalks, streets, and driveways.
12) Plants with similar water requirements shall be grouped together in order
to reduce excessive irrigation runoff and promote surface filtration, where
possible.
The landscaping and irrigation plans for the park shall be consistent with
the Tentative Map.
NOTES: The Landscape plot plan may include the requirements of any
other minor plot plan required by the subdivision conditions of approval.
However, minor plot plan conditions of approval shall be cleared
individually. Landscaping plans for areas that are totally within the road
right-of-way shall be submitted to the Engineering Department ONLY.
48. Entry Monument Plans. The land divider/permit holder shall file electronic Entry
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Monument plot plan to the Community Development Department for review and
approval. Said plan shall be submitted to the Department in the form of a plot plan
application pursuant to Menifee Municipal Code along with the current fee. The
plan shall be in compliance with Menifee Municipal Code, and the TENTATIVE
MAP conditions of approval.
The plot plan shall contain the following elements:
1) A color rendering of a frontal view of all/the entry monument(s) with
landscaping.
2) A plot plan of the entry monuments with landscaping drawn to an
engineer's scale. If lighting is planned, the location of lights, their intended
direction, and proposed power shall be indicated.
3) An irrigation plan for the entry monument(s).
NOTE: The requirements of this plot plan should be incorporated with the
Final Site Development Plan submittal. However, this ENTRY
MONUMENT condition of approval shall be cleared individually.
49. Model Home Complex. A plot plan application shall be submitted to the
Community Development Department pursuant to Menifee Municipal Code along
with the current fee.
The Model Home Complex plot plan shall contain the following elements:
1) An engineer's scaled plan showing the model home lots, lot numbers, tract
number, and north arrow.
2) Show front, side and rear yard setbacks.
3) Provide two dimensioned off street parking spaces per model and one
parking space for office use. The plan must have one accessible parking
space.
4) Show detailed fencing plan including height and location
5) Show typical model tour sign locations and elevation.
6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample
board and colored elevations shall be submitted for permanent filing and
agency distribution after the Community Development Department has
reviewed and approved the sample board and colored elevations in
accordance with the approved Design Manual and other applicable
standards. All writing must be legible. Three (3) matrix sheets showing
structure colors and texture schemes shall be submitted.
7) Provide a Model Home Complex landscape and irrigation plan.
NOTES: The Model Home Complex plot plan shall not be approved without
Final Site Development Plan approval, or concurrent approval of both. See
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the Community Development Department Model Home Complex
application for detailed requirements.
The requirements of this plot plan may be incorporated with any minor plot
plan required by the subdivision's conditions of approval. However, this
MODEL HOME COMPLEX condition of approval shall be cleared
individually.
The applicant will be required to
agreement with the City of Menifee
removal of the complex.
enter into a model home complex
The agreement stipulates terms for
The model home complex plan shall be approved prior to issuance of a
Building Permit.
50. Final Site of Development Plan. A plot plan application shall be submitted to the
Community Development Department pursuant to Menifee Municipal Code, along
with the current fee.
Subdivision development shall conform to the approved plot plan and shall
conform to the City of Menifee Design Guidelines.
The plot plan shall be approved by the Community Development Director
prior to issuance of Building Permits for lots included within that plot plan.
The plot plan shall contain the following elements:
1) A final site plan (40' scale precise grading plan) showing all lots, building
footprints, setbacks, mechanical equipment and model assignments on
individual lots.
2) Each model floor plan and elevations (all sides).
3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample
board and colored elevations shall be submitted for permanent filing and
agency distribution after the Community Development Department has
reviewed and approved the sample board and colored elevations in
accordance with the approved Design Manual and other applicable
standards. All writing must be legible. Three (3) matrix sheets showing
structure colors and texture schemes shall be submitted.
4) The number of floor plans for each Area shall be in accordance with the
Design Guidelines. For development projects that are to be constructed in
phases, a phasing plan shall be submitted to assure that the requirements
for the number of floor plans is being met.
5) Homes and garages shall be placed at varying distances from the street
and have varying entry locations.
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6) The colors and materials on adjacent residential structures should be
varied to establish a separate identity for the dwellings. A variety of colors
and textures of building materials is encouraged, while maintaining overall
design continuity in the neighborhood. Color sample boards shall be
submitted as a part of the application and review process.
7) All new residences with garages shall be provided with roll -up (i.e. on
tracks) garage doors (either sectional wood or steel). At least twenty-five
percent (25%) of the garage doors in any project should have windows.
8) Additional retaining walls may be required to meet setbacks and other
development standards of the zone depending on the type of product
utilized.
LANDSCAPING
51. Performance Securities. Performance securities, in amounts to be determined
by the Director of Community Development to guarantee the installation of
plantings, irrigation system, walls and/or fences, in accordance with the approved
plan, shall be filed with the Department of Community Development. Securities
may require review by City Attorney and other staff. Permit holder is encouraged
to allow adequate time to ensure that securities are in place. The performance
security may be released one year after structural final, inspection report, and the
One -Year Post Establishment report confirms that the planting and irrigation
components have been adequately installed and maintained. A cash security shall
be required when the estimated cost is $2,500.00 or less. At applicant's election,
a cash security may also be used for amounts exceeding $2,500.
52. Landscape Inspections. Prior to issuance of Building Permits, the permit holder
shall open a Landscape Deposit Based Fee case and deposit the prevailing
deposit amount to cover the pre -inspection, initial installation inspection, Six (6)
Month and One Year Landscape Inspections. The number of hours for the
inspections will be determined by the Community Development Department's
Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting
and Irrigation.
FEES
53. Fees. Prior to issuance of Building Permits, the Community Development
Department shall determine if the deposit -based fees for project are in a negative
balance. If so, any outstanding fees shall be paid by the permittee.
54. Open Space Fee (MSHCP). Prior to the issuance of a building permit, the
applicant shall comply with the provisions of City of Menifee Municipal Code
Chapter 8.27 (hereinafter Chapter 8.27), which requires the payment of the
appropriate fee set forth in the Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the
Ordinance and the aforementioned Condition of Approval.
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In the event Chapter 8.27 is rescinded, this condition will no longer be applicable.
However, should Chapter 8.27 be rescinded and superseded by a subsequent
mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance
shall be required.
55. Quimby Fees. Payment of in -lieu fees. The proposed subdivision will fulfill
Quimby obligations through the payment of in -lieu fees. Prior to the issuance of a
building permit, the City Manager or his/her designee shall determine the amount
of Quimby Fees to be paid by the subdivider. Quimby fees shall be paid directly
to the city prior to the issuance of the first certificate of occupancy of any dwelling
unit in the subdivision.
56. Stephen's Kangaroo Rat (SKR) Fee. Prior to the issuance of a grading permit,
the applicant shall comply with the provisions of Ordinance No. 663, which
generally requires the payment of the appropriate fee set forth in that ordinance.
The amount of the fee required to be paid may vary depending upon a variety of
factors, including the type of development application submitted and the
applicability of any fee reduction or exemption provisions contained in Ordinance
No. 663. Said fee shall be calculated on the approved development project which
is anticipated to be 64 acres (gross) in accordance with APPROVED EXHIBIT NO.
A of TTM 37671 PLN 19-007. If the development is subsequently revised, this
acreage amount may be modified in order to reflect the revised development
project acreage amount. In the event Ordinance No. 663 is rescinded, this
condition will no longer be applicable. However, should Ordinance No. 663 be
rescinded and superseded by a subsequent mitigation fee ordinance, payment of
the appropriate fee set forth in that ordinance shall be required.
57. Perris Union School District. Impacts to the Perris Union High School District
shall be mitigated in accordance with California State law.
58. Menifee Union School District. Impacts to the Menifee Union School District shall
be mitigated in accordance with California State law.
Open Space Lot Timing
The Community Development Director shall have the ability to defer the installation
of the landscaping and central amenities as noted below but may require
performance securities and additional deposits to cover administrative costs.
Under no circumstance shall landscaping be deferred if 80% of the units have been
issued permits.
The installation of landscaping within open space area that will be maintained by
the Community Facilities District (CFD) can be modified or deferred by the
Engineering and Public Works Department. As some open space areas noted
below may contain water quality basins, the installation of landscaping and
completion of those lots may be required at an earlier time than what is noted in
the conditions by the Engineering and Public Works Department in order to
mitigate water quality impacts of the development.
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59. Park Plans Required. Prior to issuance of the 35th building permit in the tract, the
applicant shall submit a park plan to the City of Menifee Community Services
Department and/or Community Development Department for review and
approval. The plan shall be prepared consistent with the park plan requirements
detailed in Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and
with Menifee Municipal Code Chapter 15.04 for water efficient landscaping. If the
park plan has been approved, this condition shall become null and void.
60. Park Construction. The park and amenities shall be installed and open to the
public prior to issuance of the 135th building permit in the tract. The park and
amenities shall be installed per City approved park plans. The park and amenities
will be inspected by City staff to verify that this has occurred. Failure to comply
with any deadline for the development of the improvements and/or amenities shall
halt the issuance of building permits and suspension of all building inspections for
residential dwelling units within the subdivision. If the park is under construction or
is completed and has passed final inspection, this condition shall become null and
void.
Prior to Final Inspection
61. Mitigation Monitoring. The permittee shall prepare and submit a written report to
the Community Development Director or review and approval demonstrating
compliance with the standard conditions of approval for this project which must be
satisfied prior to final inspection. The Community Development Director may
require inspection or other monitoring to ensure such compliance.
62. Impact Fees. Prior to the occupancy of a building permit the applicant shall comply
with the provisions of Ordinance No. 17-232, which requires the payment of the
appropriate fee set forth in the Ordinance. Ordinance No. 17-232 has been
established to set forth policies, regulations and fees related to the funding and
construction of facilities necessary to address the direct and cumulative
environmental effects generated by new development projects described and
defined in this Ordinance, and it establishes the authorized uses of the fees
collected.
In the event Ordinance No. 17-232 is rescinded, this condition will no longer be
applicable. However, should Ordinance No. 17-232 be rescinded and superseded
by a subsequent City mitigation fee ordinance, payment of the appropriate fee set
forth in that ordinance shall be required.
63. Archeology Report - Phase III and IV. Prior to final inspection, the
developer/permit holder shall prompt the Project Archeologist to submit two (2)
copies of the Phase III Data Recovery report (if required for the Project) and the
Phase IV Cultural Resources Monitoring Report that complies with the Community
Development Department's requirements for such reports. The Phase IV report
shall include evidence of the required cultural/historical sensitivity training for the
construction staff held during the pre -grade meeting. The Community
Development Department shall review the reports to determine adequate
mitigation compliance. Provided the reports are adequate, the Community
Development Department shall clear this condition. Once the report(s) are
determined to be adequate, two (2) copies shall be submitted to the Eastern
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Information Center (EIC) at the University of California Riverside (UCR) and one
(1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources
Department(s).
LANDSCAPING
64. Soil Management Plan. The permittee shall submit a Soil Management Plan
(Report) to the Community Development Department before the Landscape
Installation Inspection. The report can be sent in electronically. Information on the
contents of the report can be found in the County of Riverside Guide to California
Friendly Landscaping page 16, V, "What is required in a Soil Management Plan?"
65. Landscape/Irrigation Install Inspection. The permittee landscape architect
responsible for preparing the Landscaping and Irrigation Plans shall arrange for a
Pre -Landscape installation inspection and a Landscape Completion Installation
Inspection with the Community Development Department. The pre -landscape
inspection shall be arranged at least fifteen (15) working days prior to installation
of landscaping. The landscape completion inspection shall be arranged at least
fifteen (15) working days prior to final inspection of the structure or issuance of
occupancy permit, whichever occurs first. A One Year Post -Establishment
Inspection will also be required. The Community Development Department will
require a deposit in order to conduct the landscape inspections.
66. Landscape Installation. All required landscape planting and irrigation shall have
been installed in accordance with approved Landscaping, Irrigation, and Shading
Plans, Menifee Municipal Code, Eastern Municipal Water District requirements
and the Riverside County Guide to California Landscaping. All landscape and
irrigation components shall be in a condition acceptable to the Community
Development Department. The plants shall be healthy and free of weeds, disease
or pests. The irrigation system shall be properly constructed and determined to be
in good working order.
67. Final Landscape Approval. The final landscape approval following installation
shall be subject to the review and approval of the City's Landscape Architectural
Consultant and the Community Development Director. The Community
Development Director may require additional trees, shrubs and/or groundcover as
necessary, if site inspections reveal landscape deficiencies that were not apparent
during the plan review process.
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Section III -A:
Engineering/Public Works
Department
Conditions of Approval
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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 CONDITIONS
68. Subdivision Map Act - The developer / property owner shall comply with the State of
California Subdivision Map Act.
69. Entitlement. Approval of this Major Modification does not indicate approval of grading,
drainage lines, or appurtenant facilities shown, or any variations from city ordinance,
standard, and policy requirements which have neither been requested nor specifically
approved.
70. Guarantee for Required Improvements Prior to grading permit issuance, or
construction permit issuance, financial security shall be provided to guarantee the
construction of all required improvements associated with each phase of construction.
The Public Works Director may require the dedication and construction of necessary
utilities, streets, or other improvements outside the area of any particular map phase
if the improvements are needed for circulation, parking, and access or for the welfare
and safety of future occupants of the development.
71. Bond Agreements 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, streetlights, 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.
72. Bond Replacement, Reduction, and Releases - All requests for bond replacements
(such as changes of property ownerships), reductions (such as partial completion of
improvements), releases (such as 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
timing with City Council calendar when requesting changes to the bond agreements.
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73. 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.
74. Engineered Plans - All improvement plans, and grading plans shall be drawn on
twenty-four (24) inches by thirty-six (36) inch Mylar and signed by a registered civil
engineer or other registered/licensed professional as required.
75. Map Phasing — As shown on the tentative map, the project shall be split into the
following phases. Required Improvements for these phase are detailed further in these
conditions.
a. Phase 1 — 51 Lots
b. Phase 2 — 78 Lots
c. Final Phase — 53 Lots.
76. Infrastructure Phasing — Each phase shall complete the following infrastructure as
outlined in these Conditions and as shown on the approved Tentative Tract Map:
a. Rough grading and installation of erosion control.
b. Construct the associated WQMP basin. WQMP basin shall be operation al and
functional prior to the first certificate of occupancy. The developer/ property owner
shall reserve "Biorentention Basin A" as WQMP basin on the Final Map along with
the correlating bonds.
c. Construct the internal and any off -site street improvements in accordance with
"Section D — Street Improvements and Dedications" of these conditions.
d. Construct the internal and any off -site storm drain improvements. Provide
easements if proposed storm drain improvements are located outside of the phase
boundaries and existing right-of-way/ easements. Prior to 1st Certificate of
Occupancy, construct the storm drain lines along in -tract circulation road to the
outlet points at WQMP Basin.
e. Install any traffic signals and construct any intersection improvement in
accordance with "Section D — Street Improvements and Dedications" of these
conditions.
f. Construct sanitary sewer, water, and reclaimed water improvements essential to
the needs for residential development. The extent and scope of sewer, water, and
reclaimed water improvements shall be as required by Eastern Municipal Water
District. Provide easements if proposed sewer, water, and reclaimed water
improvements are located outside the phase boundaries and existing right-of-
way/easements.
77. 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
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Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF,
(b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) 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.
78. Final Map Submittal Process — Appropriate final map plan check submittal forms
shall be completed and appropriate fees or deposits paid. Prior to approval of the final
map by the City Council, the developer/ property owner shall provide along with the
final map mylars, electronic files of the final map, in one of the following formats: (a)
AutoCAD DXF, (b) GIS shapefiles or (c) Geodatabase. CAD files created with the
latest version shall be accepted if approved by the Public Works Director / City
Engineer.
79. 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.
80. 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 .dbf) 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.
81. Construction Times of Operation. The developer / property owner shall monitor,
supervise, and control all construction and construction related activities to prevent
them from causing a public nuisance including, but not limited to, strict adherence to
the following:
a. Construction activities shall comply with City of Menifee ordinances relating to
construction noise. Any construction within the City limits located 1/4 of a 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 8.01.020. There shall be no construction permitted on Sunday or
nationally recognized holidays unless prior 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.
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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.
B. GRADING AND DRAINAGE
82.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.
83. 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.
84. 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 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.
85. Grading Permit for Disturbed Soil — City ordinance on grading requires a grading
permit prior to clearing, grubbing or any topsoil disturbances related to construction
grading.
86. 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.
87. 2:1 Max Slope Ratio — Grade slopes shall be limited to a maximum steepness ration
of 2:1 (horizontal to vertical) unless otherwise recommended in the geotechnical report
and approved by the Public Works / Engineering Department. A slop stability report
shall be submitted for all proposed cut and fill slopes steeper than 2:1 slopes or over
10 feet in vertical height.
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88. Drainage and Terracing — Provide drainage facilities and terracing in conformance
with California Building Code's chapter on "Excavation and Grading. "And applicable
City Ordinances on grading.
89. Slope Setbacks — Observe slope setbacks from buildings and property lines per the
California Building Code — as amended by City Ordinance regarding grading.
90. Erosion Control Plans — All grading plans shall require erosion control plans prior to
approval. Temporary erosion control measures shall be implemented immediately
following rough grading to prevent deposition of debris onto downstream properties or
drainage facilities. Plans showing erosion control measures may be included as part
of the grading plans or submitted as a separate set of plans for city review and
approval. Graded but undeveloped land shall provide, in addition to erosion control
planting, any drainage facilities deemed necessary to control or prevent erosion.
Erosion and sediment control BMPs are required year-round in compliance with all
applicable City of Menifee Standards and Ordinances and the National Pollutant
Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System
(MS4) Permit from the California State Water Resources Control Board (SWRCB).
Additional Erosion protection may be required during the rainy season.
91. 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 WQ M P report,
and City standards and specifications.
92. Design Grade Criteria — Onsite parking areas shall be designed in accordance with
the current version of City of Menifee Standards and Specifications. Non-compliance
may require a redesign of the project. Significant redesigns may require a revised Plot
Plan .
93. 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.
94. Finish Grade — Shall be sloped to provide proper drainage away from all exterior
foundation walls in accordance with City of Menifee Standard Plan 300.
95. 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.
96. 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 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.
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97. 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.
98. Licensed Geotech - A licensed geotechnical engineer shall perform final
determination of the foundation characteristics of soils within on -site development
areas.
99. 10 Year Curb —100 Year ROW - The 10-year storm flow shall be contained within the
curb and the 100-year storm flow shall be contained within the street right-of-way.
When either of these criteria is exceeded, additional drainage facilities shall be
installed. All lots shall be graded to drain to adjacent street or an adequate outlet.
100. 100 Year Design Criteria — All grading and drainage shall be designed in
accordance with City standards and Riverside County Flood Control & Water
Conservation District's conditions of approval regarding this application. If not
specifically addressed in RCFCD's conditions, drainage shall be designed to
accommodate 100-year storm flows.
Additionally, the PW Engineering Department's conditional approval of this application
includes an expectation that the conceptual grading plan reviewed and approved for it
complies or can comply with the latest requirement of the WQMP (Water Quality
Management Plan) for the Santa Ana River Watershed as required by the City of
Menifee.
101. 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.
102. Emergency Escape — An emergency escape path shall be provided for the storm
water runoff at all inlets for the proposed underground facilities in the even that the
inlets become blocked with debris. To prevent flood damage to the proposed
structures, all proposed structures in the vicinity of the inlets and along the emergency
escape path shall be protected from flooding by either properly elevating the finished
floor in relation to the inlets and flow path or by making sure the structures are set back
from the inlets to provide adequate flow through area in the event the emergency
escape of the storm water runoff is necessary.
103. 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 not flow over the proposed parkway or within
the driveway approach.
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104. BMP Energy Dissipator — Energy Dissipators, such as rip -rap, shall be installed
at the outlet of a storm drain system that discharges runoff flows into a natural channel
or an unmaintained facility. The dissipators shall be designed to minimize the amount
of erosion downstream of the storm drain outlet.
105. BMP Trash Racks — Trash Racks shall be installed at all inlet structures that
collect runoff from open areas with potential for large, floatable debris.
Prior to Map Recordation
106. Submit Plans and Reports — A copy of the project specific WQMP, improvement
plans, grading plans, BMP improvement plans and any other necessary
documentation along with supporting hydrologic and hydraulic calculations (drainage
report) shall be submitted to PW Engineering Department for review and approval.
The plans must receive PW Engineering approval prior to map recordation. Storm
drain plans or improvement plans for facilities proposed for ownership by RCFCD shall
meet conditions required by the District.
107. On -Site Easements — Onsite drainage facilities located outside of public right-of-
way shall be contained within drainage easements shown on the final map. A note
shall be added to the final map stating, "Drainage easements shall be kept free of
buildings and obstructions".
108. Off -site Easements — Off site drainage facilities shall be located within dedicated
drainage easements obtained from the affected property owner(s). Document(s) shall
be recorded and a copy submitted to the PW Engineering Department prior to
recordation of the final map. If the developer cannot obtain such rights, the map should
be redesigned to eliminate the need for the easement.
109. Written Permission to Grade — Written permission shall be obtained from the
affected property owners allowing the proposed grading and/or facilities to be installed
outside of the tract boundaries. A copy of the written authorization shall be submitted
to the PW Engineering Department for review and approval.
110. BMP Maintenance and Inspection — The developer shall identify a viable
maintenance entity that will inspect and maintain all structural BMP's within the project
boundaries. The maintenance entity shall also be responsible for all catch basins
proposed to be built by this project.
Prior to Grading Permit Issuance
111. Geotechnical Report — Geotechnical soils reports, required to obtain a grading
permit, shall be submitted to the PW Engineering Department for review and approval
prior to issuance of the grading permit. Two copies of City -approved geotechnical/soils
report, no more than three (3) years from date of application for 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 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.
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The geotechnical/soils, compaction and inspection reports will be reviewed in
conformance with the latest edition of the RIVERSIDE COUNTY GEOTECHNICAL
GUIDELINES FOR REVIEW OF GEOTECHNICAL AND GEOLOGICAL 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.
112. Drainage Study —The following report was reviewed and approved by the City:
a. Preliminary Drainage Report for Menifee Village — TTM 37671, Prepared by K & A
Engineering, Dated June 2019
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.
113. 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 Resource Control Board
(SWRCB).
Prior to approval of the grading plans or issuance of any grading permit or construction
permits, 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 prior
to approval of the plans. For additional information on how to obtain a GCP, contact
the SWRCB.
114. 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 will require submittal of NOTs for requests to
fully release associated grading bonds.
115. 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
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appropriate SWPPP BMPs in place and in good working conditions at all times until
construction is completed and the Regional Board has issued a Notice of Termination
(NOT) for the development.
116. Grading Bonds — Grading in excess of 199 cubic yards will require performance
security to be posted with the Public Works Engineering Department. Single Family
Dwelling units grading one lot per permit and proposing to grade less than 5,000 cubic
yards are exempt.
117. 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.
118. Slope Erosion — Erosion control — landscape plans, required for manufactured slopes
greater than 3 feet in vertical height, are to be signed by a registered landscape
architect and bonded per the requirements of applicable City ordinances.
119. Offsite Grading Easements - 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 transitions.
Notarized and recorded agreement or documents authorizing the offsite grading shall
be submitted to the Public Works / Engineering Department.
120. Cross Lot Drainage — Prior to grading permit issuance, a recorded drainage
easement is required for any proposed lot to lot drainage or cross lot drainage.
121. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a manner
that perpetuates the existing natural drainage patterns and conditions with respect to
tributary drainage areas and outlet points. Where these conditions are not preserved,
necessary drainage easements shall be obtained from all affected property owners for
the release onto their properties of concentrated or diverted storm flows. A copy of the
recorded drainage easement shall be submitted to the PW Engineering Department
for review. A recorded drainage easement is required for any proposed lot to lot
drainage or cross lot drainage.
122. Protection of Downstream Properties - The developer/property owner shall protect
downstream properties from damages that can be caused by alteration of natural
drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided
by constructing adequate drainage facilities including enlarging existing facilities and
securing necessary drainage easements.
123. Emergency Overflow — Subsurface drainage, flowing in easements adjacent to or in
lots for homes shall provide emergency overflow facilities — in case the subsurface
drainage is blocked to prevent inundation of residential lots.
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124. Encroachment Permit Required — An Encroachment Permit may be required for any
work within RCFCD right-of-way or within District facilities. The Encroachment Permit
application shall be processed and approved concurrently with the improvement plans.
125. Erosion Control After Grading — Temporary erosion control measures shall be
implemented immediately following any grading to prevent deposition of debris onto
downstream properties or drainage facilities. Plans showing these measures shall be
submitted to the PW Engineering Department for review and approval.
126. BMP Filtration — Impervious areas shall be graded or constructed to drain to
appropriate BMPs identified in the project's approved WQMP.
Prior to Building Permit
127. Submit Plans — A copy of the improvement plans, grading plans, and 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
appropriated plan check fee or deposit.
128. No Building Permit without Legal Lot — Prior to issuance of any building permit, the
developer / property owner shall ensure that the underlying parcels for such buildings
are complying with City Ordinances, Codes, and the Subdivision Map Act.
129. No Building Permit without Grading Permit - Prior to issuance of any building
permit, the developer/property owner shall obtain a grading permit and/or approval to
construct from the Public Works Engineering Department.
130. Final Rough Grading Conditions — Prior to issuance of each building permit, the
developer/property owner shall cause the Civil Engineer of Record and Soils Engineer
of Record for the approved grading plans, to submit signed and wet stamped rough
grade certification and compaction test reports with 90% or better compaction. The
certifications shall use City approved forms and shall be submitted to the Public Works
Engineering Department for verification and acceptance.
131. 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 per Each Final Phase
132. Final Grade Certification — The developer/property owner shall cause the Civil
Engineer of Record for approved grading plans, to submit signed and wet stamped
final grade certification on City approved form, for each building requesting a
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certificate of occupancy. The certification shall be submitted to the Public Works
Engineering Department for verification and acceptance.
133. 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.
134. Finish Grade — Finish grade shall be sloped to provide proper drainage away from
all exterior foundation walls. The slope shall not be less than 2% for not less than 3
feet from any point of exterior foundation. Drainage swales shall not be less than 1
'/z inches deeper than the adjacent finish grade at the foundation.
135. Plant & Irrigate Slopes — All manufactured slopes steeper than a 4:1 (horizontal to
vertical) ratio or 3 feet or greater in vertical height 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.
136. Public and Private Infrastructure - All required public and private infrastructure
(streets and wet utility) improvements must be constructed and accepted by the City
prior to the first final building inspection and the first certificate of occupancy.
C. COVENANTS, CONDITIONS & RESTRICTIONS (CC&Rs)
137. Common Area Maintenance — Any common areas identified in the approved Plot
Plan shall be owned and maintained as follows:
a. A permanent master maintenance organization shall be established for the
project, 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 issuance of a
Certificate of Occupancy.
138. 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 Homeowner association (HOA) 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)
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139. CC&R Content, Submittal Process and Timing — Prior to issuance of Certificate of
Occupancy, 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:
• provide for the establishment of a property owner's association,
• provide for the ownership of the common area by the property
owner's association,
contain provisions approved by the Public Works / Engineering
Department, Community Development Department, and the City
Attorney,
• Contain provisions with regards to the implementation of post
development Water Quality Best Management Practices
identified in the project's approved WQMP.
• 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.
• Contain provisions for allowing the City a Right of Entry to
maintain BMPs that are otherwise not maintained by responsible
property 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 issuance of
Certificate of Occupancy.
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.
D. STREET IMPROVEMENTS AND DEDICATIONS
140. Introduction — Prior to grading permit issuance, the project development shall
provide a new/updated Traffic Study to be reviewed and approved by the City of
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Menifee. The development shall comply with the traffic mitigation measures and fair
share contributions identified in the approved Traffic Study. The TS shall be formally
approved prior to Final Engineering plans.
141. Final Map Phasing/Infrastructure Phasing — The following improvements shall be
completed for each corresponding phase of development.
a. Phase 1 Improvements required prior to or concurrently with Phase 1 Final
Map recordation.
• Completion of Construction of the Traffic Signal Modification at
Lindenberger Road and Domenigoni Parkway
• Completion of secondary access road, including Briggs Road
South of "K" Street to its ultimate classification
• Completion of all interior streets including storm drains, domestic
water, fire hydrants, reclaimed water, dry utilities, streetlights,
curb and gutter, sidewalks, and paved streets within frontage.
• Completion of any required reconstruction or resurfacing of
Domenigoni Parkway along the phase frontage.
• Annexation into Citywide CFD (all three phases).
b. Phase 2 Improvements reauired prior to or concurrentiv with Phase 2 Final
Map recordation:
• Completion of Construction of the traffic signal at Briggs and
Domenigoni Parkway
• Completion of Briggs Road North of "K" Street to its ultimate
classification.
• Completion of any required reconstruction or resurfacing of
Domenigoni Parkway along the phase frontage.
• Completion of all interior streets including storm drains, domestic
fire hydrants, reclaimed water, dry utilities, streetlights, curb and
gutter, sidewalks, and paved streets within frontage.
C. Phase 3 Improvements reauired prior to or concurrently with Phase 3 Final
Map recordation
• Completion of all interior streets including storm drains, domestic
fire hydrants, reclaimed water, dry utilities, streetlights, curb and
gutter, sidewalks and paved streets within frontage.
142. Street Improvements —The developer/ property owner shall be responsible for
implementing the following street improvements in association with the required
phase. (Implementation shall include construction or payment of a fair share amount
for the street improvements as determined in future traffic study):
a. Reconstruction or Resurfacing Domenigoni Parkway — Domenigoni
shall be improved to its ultimate roadway classification, which is an urban
arterial roadway, 6 lanes divided with raised median, consistent with City
of Menifee standard 95. The majority of Domenigoni improvements along
the project's frontage have already been constructed. This project shall be
responsible for bringing the roadway to meet current City Standards and
have a Pavement Condition Index of at least 80 as determined by the
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Public Works Director / City Engineer. The Public Works Director / City
Engineer may consider reconstruction or resurfacing of existing
Domenigoni Parkway paving fronting the development, provided the road
is found to meet the minimum City Standards for pavement standards at
the time of the project construction, and has an adequate structural section
for the design Traffic Index and subgrade R- Value in conformance with
Caltrans Highway Design Manual. If it is determined that the existing road
is found to be substandard, then the Public Works Director / City Engineer
may require the developer / property owner to provide full reconstruction
as provided for in these conditions of approval. At the discretion of the
Public Works Director / City Engineer the developer may evaluate the
existing pavement section with available As -Built plans, or the developer
may core the existing pavement during project design to confirm the
required improvements to bring the roadways to current standards, 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.
b. Briggs Road — Briggs shall be improved to its ultimate roadway
classification, which is a major roadway, 4 lanes divided with raised
median, consistent with city of Menifee standard 110. Improvements shall
be required from Domenigoni to the southerly tract boundary. Transition
back to existing Briggs Road south of the project shall be done in
conformance with MUTCD Guidelines and Caltrans Highway Design
Standard.
c. Intersection of Briggs Road/ Domenigoni Parkway — Project is
responsible for traffic signal improvement of the existing signal at Briggs
Road and Domenigoni Parkway. Shall also require removal of existing
median on Domenigoni Parkway to provide access across Briggs Road.
• Southbound will be required to have three through lanes, a left
turn lane, right turn lane
• Northbound will need three through lanes, a right turn access to
project site, left turn lane.
• Eastbound will be required to have two through lanes, two left turn
lanes, right turn lane.
• Westbound will be required to have two through lanes, two left
turn lanes, right turn lane.
Developer/ property owner shall submit design for geometrics at and in the
vicinity of the intersection of Briggs Road/ Domenigoni Road for review and
approval by the Public Works Director/ City Engineer.
d. Intersection of Lindenberger Road/ Domenigoni Parkway — Project is
responsible for traffic signal modification of the existing signal and medians
at Lindenberger Road and Domenigoni Parkway.
• Southbound will be required to have three through lanes, a left
turn lane, a right turn lane.
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Northbound will be required to have three through lanes, two left
turn lanes, a right turn access to project site.
Eastbound will be required to have a through lane, two left turn
lanes, a right turn lane
Westbound entrance will be required to have a shared
through/right turn lane, a left turn lane.
Developer/ property owner shall submit design for geometrics at and in the
vicinity of the intersection of Lindenberger Road/ Domenigoni Road for
review and approval by the Public Works Director/ City Engineer.
Where credit is eligible, the developer/ property owner shall contact the Public
Works Department for all DIF eligible or other reimbursement eligible
improvements to confirm eligibility and request reimbursement. All work shall be
pre -approved by the Public Works Director/ City Engineer and shall comply with
the requirements of the Public Works Director/ City Engineer.
143. Domenigoni Parkway / Briggs Road Striping — The developer/ property owner
shall design and improve striping on Domenigoni Parkway and Briggs Road,
including the associated stripping modifications at the intersection of Domenigoni
Parkway/Briggs Road and Domenigoni Parkway/Lindenberger Road in accordance
with the recommendations of the future Traffic Study for the project. The developer/
property owner shall submit striping design to the Public Works Director/ City
Engineer for review and approval.
144. City and County Street Improvement Standards — Street improvements shall
conform to all applicable City Design Standards and Specifications, the City General
Plan, City adopted Riverside County Ordinance 461, and all other relevant laws, rules
and regulations governing street construction in the City.
145. Tentative Tract Map — It is understood that the tentative tract map correctly shows
acceptable centerline elevations, all existing easements, traveled ways, and drainage
courses with appropriate Q's, and that their omission or unacceptability may require
the map to be resubmitted for further consideration.
146. 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.
147. Driveways - 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.
148.Acceptance of Public Roadway Dedication and Improvements — Easements and
right -of way for public roadways shall bd granted to the City through acceptable
recordable instrument.
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149.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.
150. 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.
151. 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.
152. Signing and Striping — A signing and striping plan for Briggs Road, Lindenberger
Road and Domenigoni Parkway is required for this project. The applicant shall be
responsible for any additional paving and/or striping removal caused by the striping
plan.
153. Traffic Signal Plan — The applicant shall be responsible for modification of the traffic
signal at Lindenberger Road and Domenigoni Parkway. The traffic signal plan shall
be approved by the Public Works Director / City Engineer.
154. Traffic Signal Plan 2— The applicant shall be responsible for construction of the traffic
signal at Briggs Road and Domenigoni Parkway. The traffic signal plan shall be
approved by the Public Works Director / City Engineer.
155. Street Light Plan — Street lights requiring relocations, or any required new
streetlights 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.
156. 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.
157. 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 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.
Prior to Recordation of Final Map:
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158.Offsite Public Street Lights Ownership and Maintenance — All proposed public
street lights shall be designed in accordance with City approved standards and
specifications, as determined and approved by the Public Works Director/ City
Engineer. Unless determined otherwise by the Public Works Director/ City Engineer,
the City shall have ownership and maintenance of all proposed public street lights
and associated appurtenances, and therefore shall be provided within adequate
service points for power. The design shall be incorporated in the project's street
improvement plans or in a separate street light plan as determined and approved by
the Public Works Director/ City Engineer.
159. Public Street Light Service Point Addressing — The developer shall coordinate
with the Building and Safety Department and Southern California Edison for the
assignment of addresses to public street light service points. These service points
shall also be owned by the City and shall be located within the public right of way or
within duly dedicated public easements.
160.Acceptance of Public Roadway Dedication and Improvements — Easements and
right-of-way for public roadways shall be granted to the City of Menifee through final
map, or other acceptable recordable instrument.
161.Improvement Bonds - Prior to recordation of the final map, 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).
Prior to Issuance of Building Permit:
162. 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.
Prior to Issuance of Anv Certificate of OccupancV:
163. Driveways and Driveway Approaches — Driveways and Driveway Approaches as
shown on the approved plot plan 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.
164. Street Improvement: The developer/ property owner shall construct the following
street improvements in phases in accordance with Condition No. 141:
a. Domenigoni Parkway along Project Frontage
b. Briggs Road within project Site
c. Intersection of Briggs Road/ Domenigoni Parkway
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d. Intersection of Lindenberger Road/ Domenigoni Parkway
165. Completion of Street Improvements — Prior to issuance of a Certificate of
Occupancy, the following street components shall be completed:
a) Primary and Alternate (secondary) access roads shall be completed
and paved to finish grade according to the limits indicated in the
improvement plans and as noted elsewhere in these conditions.
b) Interior roads shall be completed and paved to finish grade according
to the limits indicated in the improvement plans and as noted
elsewhere in these conditions. All curbs, gutters, sidewalks, and
driveway approaches shall be installed
c) Storm drains and flood control facilities shall be completed according
to the improvement plans and as noted elsewhere in these conditions.
Written confirmation of acceptance by the Flood Control District, if
applicable, is required.
d) Water system, including fire hydrants, shall be installed and
operational, according to the improvement plans and as noted
elsewhere in these conditions. All water valves shall be raised to
pavement finished grade. Written confirmation of acceptance from
water purveyor is required.
e) Sewer system shall be installed and operational, according to the
improvement plans and as noted elsewhere in these conditions. All
sewer manholes shall be raised to pavement finished grade. Written
confirmation of acceptance from sewer purveyor is required.
f) Landscaping and irrigation, water and electrical systems shall be
installed and operational in accordance with City adopted County
Ordinance 461.
E. TRAFFIC ENGINEERING
Prior to Recordation of Final Map
166. Design of Traffic Signals — Developer/ Property Owner shall be responsible for
the design of traffic signals at the intersection of:
a. Briggs Road/Domenigoni Parkway
b. Modification of Lindenberger Road and Domenigoni Parkway
167. Traffic Signal Geometrics — Briggs Road/Domenigoni Parkway. - The
intersection of Briggs Road/ Domenigoni Parkway — Project Driveway shall be
improved to provide the following geometrics:
Northbound: Three through lanes, two left turn lanes, one right turn lane
Southbound: Three through lanes, one Left turn lane, one right turn lane
Eastbound: Two through lanes, Two left turn lanes, One Right turn lane
Westbound: Two through lanes, Two left turn lanes, One Right turn lane
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168. Traffic Signal Geometrics — Lindenberger Road/ Domenigoni Parkway - The
intersection of Lindenberger Road/ Domenigoni Parkway shall be improved to
provide the following geometrics:
Northbound: Three through lanes, Two left turn lanes, One right turn lane.
Southbound: Three through lanes, One left turn lane, One right turn lane
Eastbound: One through lane, Two left turn lanes, One right turn lane
Westbound: One shared through/right turn lane, One left turn lane
Prior to Issuance of Construction Permit
169. Signal Modification Deposit - The developer/property owner shall be responsible
for the necessary signal modifications at the intersection Domenigoni Parkway and
Lindenberger Road. Necessary modifications shall include but not be limited to
traffic lane stripping, signage, detection system and signal operations. Necessary
modifications shall be in conformance with the recommendations of the project's
traffic impact study. Additional improvements may be required to address public
safety and welfare, as determined by the Public Works Director/ City Traffic
Engineer.
170. Signing and Striping Plan — Prior to issuance of a construction permit, any
necessary signing and striping plan for Briggs Road, Lindenberger Road and
Domenigoni Parkway shall be approved by the City Traffic Engineer in accordance
with City ordinances, standards, and specifications, and with the latest edition of
the CAMUTCD.
171. Traffic Signal Plan — Prior to issuance of a construction permit, the traffic signal
plan for the traffic signal at Briggs Road and Domenigoni Parkway and
installation of traffic signal at Briggs Road and Domenigoni Parkway shall be
approved by the City Traffic Engineer in accordance with City standards and
specifications.
172. Streetlight Plan — Street light construction plans shall be prepared as separate
plans or combined with the public street improvement plans as approved by the
PW Director / City Engineer.
173. Streetlight Design as LS-3 Rate Lights — All streetlights, other than traffic signal
safety lights, shall be designed as LS-3 rate lights in accordance with approved
City standards and specifications, and as determined by the PW Director.
174. Public Streetlights Service Points — All proposed public streetlights shall be
provided with necessary appurtenances and service points for power, separate
from privately owned streetlights. The developer/property owner shall coordinate
with the PW Department and with Southern California Edison the assignment of
addresses to streetlight service points. Service points for proposed public
streetlights shall become public and shall be located within public right of way or
within duly dedicated public easements.
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175. Street Name Sign - The developer/property owner shall install street name sign(s)
in accordance with applicable City Standards or as directed by the PW Engineering
Department.
176. Driveway Geometrics- Final driveway geometrics may be modified in final
engineering as approved by the 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.
177. Improvement Bonds - Prior to issuance of any construction permit for all required
onsite and offsite public improvements, the developer/project owner shall enter
into a bond agreement and post acceptable bonds or security, to guarantee the
completion 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 Conditions).
178. Construction Traffic Control Plan - Prior to start of any project related
construction, the developer/property owner shall submit to the Public Works
Engineering Department for review and approval, a Construction Traffic Control
Plan in compliance with all applicable City ordinances, standards and
specifications, and the latest edition of the CAMUTCD. This traffic control plan shall
address impacts from construction vehicular traffic, noise, and dust and shall
propose measures to mitigate these effects. The traffic control plan shall include a
Traffic Safety Plan for safe use of public roads right-of-way during construction.
The plan shall specify mitigation measures to address the following:
a) Dust and dirt fallout from truck loads and gets entrained onto City
roadways: (1) Biweekly street sweeping during construction activity,
and daily during all grading operations. (2) Approved BMPs shall be
installed at all approved construction entrances as part of the SWPPP.
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 Building Permit Issuance
179. Acceptance of Public Roadway Dedication and Improvements — Onsite
easements and right -of way for public roadways shall be granted to the City of
Menifee through the final map, or other acceptable recordable instrument. Any off -
site rights -of -way required for access road(s) shall be accepted to vest title in the
name of the public if not already accepted. Any shared access roads necessary
for the adequate circulation of the proposed project, shall be dedicated for
reciprocal access by acceptable recordable instrument prior to any permit
issuance.
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180. 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.
Prior to Issuance of Certificate of Occupancy
181. Cost participation through Payment of TUMF and DIF for Offsite
Improvements- The developer/property owner's TUMF and DIF payment
obligations shall be considered as cost participation for Project's required offsite
improvements only when the offsite improvements for which credits are claimed,
are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments.
Determination for TUMF credits shall be at the discretion of the Western Riverside
Council of Governments (WRCOG), the governing authority, which shall include
entering a three party TUMF Credit Agreement with the developer, WRCOG and
the City of Menifee.
182. Construction of Right -of -Way Improvements - The developer/property owner
shall design and construct Right -of -Way Improvements as described in "Section
D. Street Improvements and Dedications" and "Section E. Traffic Engineering" as
required per each final map phase.
183. Traffic Signal Installation. Developer/ Property Owner shall be responsible for
the construction and installation of traffic signals at the following locations:
a. Briggs Road / Domenigoni Parkway with fee credit eligibility, prior to the
first occupancy in either final map Phase 2 or 3, whichever occurs first
b. Modification of Lindenberger Road / Domenigoni Parkway prior to any
occupancy.
Where credit is eligible, the developer/ property owner shall contact the Public
Works Department and enter into an agreement for signal mitigation fee credit or
reimbursement prior to start of construction of the signals. All work shall be pre -
approved by the Public Works Director/ City Engineer and shall comply with the
requirements of the Public Works Director/ City Engineer.
184. Street Light Installation Install streetlights for each final map phase along the
streets associated with each phase in accordance with the approved street lighting
plan or improvement plans, and City standards, conditions of approval for street
lights, as approved by the Public Works Director/ City Engineer.
F. NPDES AND WQMP
185. 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 unless otherwise approved by the Public Works Director/City Engineer.
This project is required to submit a project specific WQMP prepared in accordance
with the latest WQMP guidelines approved by the Regional Water Quality Control
Board.
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186. 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.
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 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.
187. SWRCB, Trash Amendments - The State Water Resources Control Board (State
Board) adopted amendments to the Water Quality Control Plan for Ocean Waters
of California and the Water Quality Control Plan for Inland Surface Waters,
Enclosed Bays, and Estuaries — collectively referred to as the "Trash
Amendments." Applicable requirements per these amendments shall be adhered
to with implementation measures, prior to building permit issuance. Projects
determined to be within Priority Land Uses as defined in the Trash Amendments,
shall provide trash full capture devices to remove trash from all Priority Land Use
areas that will contribute storm water runoff to the City of Menifee's MS4. All trash
full capture devices shall be listed on the State Board's current list of certified full
capture devices posted on their website
(https://www.waterboards.ca.gov/water issues/programs/storriiwater/trash imple
mentation.shtml), or otherwise approved by State or Regional Water Quality
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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 Issuance of Grading Permit
188. 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 Menifee
Village TTM37671, prepared by K&A Engineering Inc., dated June 28,
2020.
189. Priorto issuance of a grading permit, a FINAL project specific WQMP in substantial
conformance with the approved PRELIMINARY WQMP, shall be reviewed and
approved by the Public Works Engineering Department. Final construction plans
shall incorporate all the structural BMPs identified in the approved FINAL WQMP.
The final developed project shall implement all structural and non-structural BMPs
specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP
on a CD-ROM in pdf format shall be submitted to the Public Works Engineering
Department. 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
c) Limited Phase II Environmental Site Assessment Report, as may be
required by an approved Phase I ESA Report
Final construction plans shall incorporate all the structural BMPs identified in the
approved FINAL WQMP. The final developed project shall implement all structural
and non-structural BMPs specified in the approved FINAL WQMP. One copy of
the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the
Public Works Engineering Department.
190. 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.
191. 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
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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 Any Certificate of Occupancy
192. Implement Project Specific WQMP - All structural BMPs described in the project -
specific WQMP shall be constructed and installed per phase 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.
193. Inspection of BMP Installation — Prior to issuance of Certificate of Occupancy,
all structural BMPs included in the approved FINAL WQMP applicable to each
phase 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
194. WQMP/BMP Education - 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 project's approved Water
Quality Management Plan (WQMP). The PW Engineering Department Must also
receive the original notarized affidavit with the plan check submittal to clear the
appropriate condition. Placing a copy of the affidavit without submitting the original
will not guarantee clearance of the condition.
G. WATER, SEWER, AND RECYCLED WATER
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195. 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.
196. 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.
197. Onsite and Offsite Sewer, Water and Recycled Water Improvements — All
public onsite and offsite sewer, water and recycled water improvements shall be
guaranteed for construction prior to approval of improvement plans.
198. 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.
199. 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.
H. CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD)
Prior to Building Permit Issuance
200. Annexation to the Citywide Community Facilities District (CFD) - Prior to the
issuance of a Building Permit, 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) CFD. 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.
The developer/property owner shall be responsible for all cost associated with the
annexation of the proposed development in the citywide CFD.
201. 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 after the issuance of a building permit but prior
to issuance of a Certificate of Occupancy. 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.
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202. 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 plans for
review and approval by the PW Engineering Department. The plans may be
prepared as one plan for the entire development as determined by the PW
Director. When necessary, as determined by the PW Director, a separate WQMP
construction plan on City title block maybe required for review and approval by the
PW Engineering Department prior to issuance of a grading permit.
203. Parkway Landscaping Design Standards - The parkway areas behind the street
curb within the public's right-of-way, shall be landscaped and irrigated per City
standards and guidelines.
204. 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 PW Engineering Department prior to
issuance of a construction permit.
205. 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.
I. WASTE MANAGEMENT
206. 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 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.orq/opencros/recyclying/recycling and compost business.html#m
andatory
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207.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:
Source separate organic material from all other recyclables and donate or self -
haul to a permitted organic waste processing facility.
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.
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 Buildina Permit Issuance:
208. 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/facade,
construction materials and signage. The plot plan shall 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.
209. 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
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C&D recyclable materials and solid waste disposal must be kept. Arrangements
can be made through the franchise hauler.
Prior to Issuance of Any Certificate of Occupancy:
210. 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.
J. FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
211. Fees and Deposits — Prior to approval of final maps, grading plans, improvement
plans, issuance of building permits, and/or issuance of certificate of occupancy,
the developer/property owner shall pay all fees, deposits as applicable. These shall
include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable
Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable
Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be
collected at the rate in effect at the time of collection as specified in current City
resolutions and ordinances.
Prior to Building Permit Issuance
212. Road Bridge Benefit District — This project is within the Menifee Valley Zone D
Road Bridge and Benefit District (RBBD). The applicant shall pay the RBBD fees
based on the designated land use and areas, prior to the 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.
Prior to Issuance of Certificate of Occupancy
213. 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.
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Section IV:
Building and Safetv Department
Conditions of Approval
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General Requirements
214. Final Building & Safety Conditions. Final Building & Safety Conditions will be
addressed when building construction plans are submitted to Building & Safety for
review. These conditions will be based on occupancy, use, the California Building
Code (CBC), and related codes which are enforced at the time of building plan
submittal.
215. Compliance with Code. All Design components shall comply with applicable
provisions of the 2019 edition of the California Building, Plumbing and Mechanical
Codes; 2019 California Electrical Code; California Administrative Code, 2019
California Energy Codes, 2019 California Green Building Standards, California Title
24 Disabled Access Regulations, and City of Menifee Municipal Code.
216. ADA Access. Applicant shall provide details of all applicable disabled access
provisions and building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building.
b. Van accessible parking located as close as possible to the main entrance of the
building.
c. Accessible path of travel from parking to the furthest point of improvement.
d. Path of accessibility from parking to furthest point of improvement.
e. Accessible path of travel from public right of way to all public areas on site, such
as enclosures, clubhouses and picnic areas.
217. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of
plan review, a complete exterior site lighting plan with a "photometric study" showing
compliance with County of Riverside Mount Palomar Ordinance Number 655 for the
regulation of light pollution. All streetlights and other outdoor lighting shall be shown
on electrical plans submitted to the Building & Safety Department. Any outside lighting
shall be hooded and aimed not to shine directly upon adjoining property or public
rights -of -way. All exterior LED light fixtures shall be 3,000 kelvin and below.
218. Street Name Addressing. Applicant must obtain street name addressing for all
proposed buildings by requesting street name addressing and submitting a site plan
for commercial, residential/tract, or multi -family residential projects.
219.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and
permit approvals prior to commencement of any construction work.
220.Obtaining Separate Approvals and Permits. Trash Enclosures, patio covers, light
standards, and any block walls will require separate approvals and permits. Solid
covers are required over new and existing trash enclosures.
221. Demolition. (If applicable) Demolition permits require separate approvals and permits
AQMD notification and approval may be required.
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222. Sanitary Sewer and Domestic Water Plan Approvals. On -site sanitary sewer and
domestic water plans will require separate approvals and permits from Building and
Safety. A total of 6 sets shall be submitted.
223. Hours of Construction. Signage shall be prominently posted at the entrance of the
project indicating the hours or construction, as allowed by the City of Menifee
Municipal Ordinance 8.01.010, for any site within one -quarter mile of an occupied
residence. The permitted hours of construction are Monday through Saturday 6:30am
to 7:00pm. No work is permitted on Sundays and nationally recognized holidays
unless approval is obtained from the City Building Official or City Engineer.
224. House Electrical Meter. Provide a house electrical meter to provide power for the
operation of exterior lighting, irrigation pedestals and fire alarm systems for each
building on the site. Developments with single user buildings shall clearly show on
the plans how the operation of exterior lighting and fire alarm systems when a house
meter is not specifically proposed.
225. High Fire Requirements. The applicant is required to comply with the 7A requirements
of the building code for lots 25 through 47.
Prior to Issuance of Building Permits
226. All associated Building Fees to be paid.
227. Each Department is required to Approve, with a signature.
Prior to Start of Construction
228. Pre -Construction MeetinMc .. A pre -construction meeting is required with the building
inspector prior to the start of the building construction.
Prior to Temporary Certificate of Occupancy
229. Temporary Certificate of Occupancy. Application and deposit to be submitted, a
minimum of 5 working days prior to effective date. Each department is required
to provide an Exhibit' clearly identifying those Conditions of Approval that remain
outstanding with a signature.
Prior to Certificate of Occupancy
230. Each department is required to Review and Approve with a signature once ALL
Conditions of Approval have been Met/Approved.
Prior to Final Inspection
Each department that has conditions shall have completed and approved their final
inspection prior to requesting the final inspection by the Building and Safety Department.
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Section V:
Riverside County Fire Department
Conditions of Approval
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GENERAL CONDITIONS
231. Fuel Modification. The proposed fuel modification will consist of 100 feet,
70 feet of non -irrigated area outside the lost parcel line radiant heat wall, 30 feet
inside the wall prior to the structure envelope. Zone 1, 30 feet will be irrigated and
maintained by the property owner, Zone 1A AND Zone 2, 70 feet irrigated and non -
irrigated will be HOA maintained.
VEGETATION MANAGEMENT ZONE 1 IRRIGATED — HOMEOWNER MAINTAINED
232. Per Approved Fuel Treatment Exhibit the defensible space zone shall be
free of all combustible construction and materials. It is an irrigated zone
surrounding the structure. It Is measured from the exterior walls of the structure or
from the most distal point of combustible projection.
233. Required Landscaping in this zone shall be fire resistant and shall not
include any pyrophytes that are high in oils and resins such as pines, eucalyptus,
cedar, cypress, or juniper species. For proper plant selections refer to APPENDIX
'A' for a list of acceptable plants or APPENDIX'B' for the prohibited plant list of the
Fire Protection Plan Report.
234. Approved ground covers and lawns that shall be maintained at a height that
does not exceed 4 inches.
235. Vegetation and combustible ground covers (mulch, bark, wood chips, etc.)
are not permitted within 12 inches of a structure.
236. Shrubs should be low -growing and well -irrigated and should be selected
from the plant list in APPENDIX'A' or plants approved by the RVCFD. Shrubs shall
be single specimens or a grouping not exceeding three plants. Mature height of
plants shall not exceed 48 inches. At mature growth, single plants or groupings of
plants shall be separated from each other by at least 5 feet. Plants shall not be
located under vents or windows or withing five feet to either side of a window.
Single specimens of plants or grouping not exceeding three plants are allowed
under mature trees.
237. Trees shall be single specimens or groupings of not more than three trees
selected from the approved plant list. Trees are to be planted such that the mature
canopies will be at least 10 feet from the exterior walls of the structure or from the
most distal point of a combustible projection, an attached accessory structure, or
an accessory structure within 10 feet of a habitable building.
238. An automatic irrigation system is required. Areas inside the drip line of
native oak trees shall not be irrigated.
239. Required Maintenance shall adhere to the following.
a. The lot shall be maintained year-round by the individual property owner within
their property boundary (lot lines) as required by the FPP or the RVCFD.
b. Sprinkler system shall be checked weekly to insure proper working order.
c. Any dead or dying plant material shall be removed or replaced. Shrubs and
trees are to be bi-annually maintained free of dead material.
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d. Trees shall be maintained such that the branches and limbs closest to the
ground are pruned to a height from the ground that is equal to 1/3 the overall
heights of the tree or six feet from the ground, whichever is higher.
e. All trees must be maintained to the current ANSI A300 standards [Tree, Shrub,
and Other Woody Plant Maintenance- Standard Practices (pruning)]
VEGETATION MANAGEMENT ZONE 1A IRRIGATED — HOA MAINTAINED
240. These areas represent manufactured slopes that will be re -planted and
irrigated in perpetuity.
241. The lot shall be maintained year-round by the Homeowner Association
within their property boundary as required by the FPP or the RVCFD.
VEGETATION MANAGEMENT ZONE 2 NON -IRRIGATED — HOA MAINTAINED
242. Zone 2 HOA maintained, is an area starting at fence or PL, and extending
outward for 70 to 80 feet depending on individual lot setbacks. This will be a non -
irrigated dry fuel modification zone. Areas are designated on the Fuel Treatment
Exhibit and shall be maintained on a as needed basis.
243. Fuel Modification area shall be maintained year by the HOA as required by
the FPP or the RVCFD.
244. Grasses shall be maintained weed whipped to 4 inches.
245. The are shall be maintained free of invasive plants and any volunteer native
shrubs.
246. Manufactured Slopes that are within the general Zone 2 area will be
considered as Zone 1A for the purpose of the required landscaping and irrigation.
All designed HOA manufactured slopes shall be maintained and irrigated in
perpetuity.
CONSTRUCTION STANDARDS
247. All structures within the development site shall meet all wildland/interface
standards to the satisfaction of the City of Menifee and RVCFD. Design and
construction shall meet the requirements listed in the 2019 Edition of the California
Fire and Building Codes, with special adherence to Chapter 7A, and the 2019
Edition of the California Residential Code section R337, with ither local
amendments/ordinances adopted by RVCFD.
248. All accessory structures such as decks, balconies, patios, covers, gazebos,
and fences shall be built from non-combustible or ignition resistant materials. Refer
to APPENDIX'D'.
249. Construction or building permits shall not be issued until fire code official
inspects and approves required vegetation clearances, fire apparatus access and
water supply for the construction site.
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250. Prior to the delivery of combustible building constructions materials to the
project site the following conditions shall be completed to the satisfaction of the
City of Menifee and/or RVCFD:
a. Clearance of Zone 1, Zone 1A and 2 vegetation management shall be
provided prior to combustible material arriving on the site and shall be
maintained throughout the duration of construction. Fire code officials may
require additional vegetation management and/or defensible space when
warranted.
b. Additional requirements as listed in the development will be adhere to:
• Mobile stationary or portable powered operated equipment in the HFA shall
bot be used without the RVCFD written approval. Specific fire protection
measures that may be_ required to mitigate the hazard include, but are not
limited to:
• A standby water tender, equipped with a pump, fire hose and nozzle.
• Pre -wetting of the site to avoid the production of sparks between blades,
tracks, and rocks.
• Conducting a fire watch for a minimum of one -hour following the cessation
of operations each day.
• For welding cutting or grinding work, clear away all combustible material
from the area around such operations for a minimum distance of 10 feet.
A hot -work permit will be required prior to commencing work.
• Maintain a serviceable round point shovel with an overall length of not less
than forty-six (46) inches and five (5) gallon backpack water pump type fire
extinguisher fully equipped and ready for use at the immediate area during
the operation.
INFRASTRUCTURE
The Developments water supply shall be provided by the local water purveyor. Fire
Flow requirements shall be provided to Riverside County Fire Department.
251. The water mains shall be capable of providing a potential fire flow 2000
GPM and an actual fire flow available from any one hydrant shall be 1500 GPM for
2 hours duration at 20 PSI residual operating pressure.
252. Approved standard fire hydrants, (6"x4"x2 1/2") shall be located at each
street intersection and spaced not more than 500 feet apart in any direction with
no portion of any lot frontage more than 250 feet from a hydrant. Fire flow shall be
a minimum of 1500 GPM.
253. Blue retro-reflective pavement markers shall be mounted on private streets,
public streets, and driveways to indicate location of fire hydrants. Prior to
installation, placement of markers must be approved by the Riverside County Fire
Department.
254. All homes will require NFPA 13D Residential Sprinklers, per the California
Residential code, California Building Code, and the California Fire Code. Plans
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must be submitted to the Fire Department for review and approval prior to
installation.
255. Fire access roads shall meet the requirements of the RVCFD and shall be
a paved surface capable of supporting loads of 80,000 Ibs gross vehicle weights,
Access to all portions of the building must be within 150 feet of the available fire
department access. Fire access roads shall be maintained for clear access of
emergency vehicles. This project requires primary and secondary access at the
time of construction.
PRIOR TO MAP RECORDATION
256. ECS map must be stamped by the Riverside County Surveyor with the
following note: The land division is located in the "Hazardous Fire Area" of
Riverside County as shown on a map on file with the Clerk of the Board of
Supervisors. Any building constructed on lots created by this land division shall
comply with the special construction provisions contained in Riverside County
Ordinance 787.9.
257. ECS map must be stamped by the Riverside County Surveyor with the
following Note: Prior to the issuance of a grading permit, the developer shall
prepare and submit to the fire department for approval a fire protection/vegetation
management that should include but not limited to the following items: a) Fuel
modification to reduce fire loading. b) Appropriate fire breaks according to fuel
load, slope, and terrain. c). A homeowner's association or appropriate district shall
be responsible for maintenance of all fire protection measures within the open
space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE
DEPARTMENT FUEL MODIFICATION REQUIREMENTS SHALL HAVE
CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER
CONSERVATION AGENCY.
PRIOR TO GRADING PERMIT
258. Fuel Modification. ECS map must be stamped by the Riverside County
Surveyor with the following Note: Prior to the issuance of a grading permit, the
developer shall prepare and submit to the fire department for approval a fire
protection/vegetation management that should include but not limited to the
following items:
a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to
fuel load, slope and terrain. c) A homeowner's association or appropriate
district shall be responsible for maintenance of all fire protection measures
within the open space areas.
ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT
FUEL MODIFICATION REQUIREMENTS SHALL HAVE CONCURRENCE
WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION
AGENCY.
259. Fire Department shall review and approve building setbacks, water and
access for new ingle family dwellings that are in a hazardous fire area.
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PRIOR TO BUILDING PERMIT ISSUANCE
260. The required water system, including all fire hydrant(s), shall be installed,
and accepted by the appropriate water agency and the Riverside County Fire
Department prior to any combustible building material placed on an individual lot.
Contact the Riverside County Fire Department to inspect the required fire flow,
street signs, all weather surface, and all access and/or secondary. Approved water
plans must be at the job site.
261. HFA Review. Fire department shall review and approve setbacks, water
and access for all single-family dwellings, additions and projections that are in a
hazardous fire area.
262. Secondary Access. In the interest of Public Safety, the project shall
provide An Alternate or Secondary Access(s). Said Alternate or Secondary
Access(s) shall have concurrence and approval of both the Traffic/Engineer
Department and the Riverside County Fire Department. Alternate and/or
Secondary Access(s) shall be completed and inspected per the approved plans.
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print)
Page 63 of 63
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Rachel Valencia, Acting Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC23-580 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 22nd day of February, 2023
by the following vote:
Ayes:
Diederich, LaDue, Thomas, Long
Noes:
None
Absent:
None
Abstain:
MadrW
Rachel Valencia
Acting Deputy City Clerk