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PC23-599RESOLUTION NO. PC 23-599 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 38128 (PLN22-002) FOR 96 SINGLE FAMILY LOTS ON AN APPROXIMATELY 28.38-ACRE PROJECT SITE LOCATED WEST SIDE OF BYERS ROAD, EAST OF VALLEY BOULEVARD, NORTH OF ROUSE ROAD AND SOUTH OF TROY LANE (APNS: 330-230-023 & 330-230- 024). WHEREAS, on January 20, 2022, the applicant, Paul Onufer of JPMB Investments, filed a formal application with the City of Menifee for the approval of Tract Map No. 38128 (PLN 22-002) a subdivision for a residential community consisting of 96 detached single- family lots with a minimum lot size of 7,200 square feet on a 28.38-acre site with a density of 3.38 dwelling units per acre. The tract will consist of a 1.25-acre park to include two separate age group tot lots with adjacent seating and shade, picnic tables, drinking fountain, paved multipurpose trial with benches, a separate 0.38-acre passive park, and a 0.81-acre detention basin; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study ("IS") and Mitigated Negative Declaration ("MND") have been prepared to analyze and mitigate the project's potentially significant environmental impacts. WHEREAS, Conditions of Approval have been prepared and attached hereto as Exhibit "A" of the resolution; and WHEREAS, on June 28, 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. 38128 and including the consideration of the IS/MND, 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 700 feet of the Project boundaries, and to persons requesting public notice; 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: Section 1: The City of Menifee's Planning Commission hereby makes the following findings for Tentative Tract Map No. 38128 (PLN22-002) 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 2.1-5 du/ac. The intent of the designation established in the General Plan is residential TTM No. 38128 (PLN22-002) June 28, 2023 development within the 2.1 to 5 dwelling units per acre density range. The project is proposed at a density of 3.38 dwelling units per acre which is consistent with the General Plan land use designation and with the surrounding community. The Project is consistent with the following City of Menifee General Plan policy: • 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 is adjacent to the Cimarron Ridge Specific Plan (SP) directly to the north and west of the project site. The project proposes a complimentary density and layout to the specific plan. Construction of TTM 38128 will enhance the walkability of the development and connect to surrounding communities, including the Cimarron Ridge SP. The project also includes park space to create place and identity for the community. The project site is located approximately '/2 mile from Murrieta Road which is one of the primary transit routes in the City. • Policy LU-1.7 Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the City. The subdivision proposes to provide a park and trails, ensuring that the neighborhood has outdoor recreational amenities. It would also include convenient pedestrian access points to connect to future trails within the Cimarron Ridge Specific Plan. • Policy C-1.1 Require roadways to: Comply with federal, state and local design and safety standards. The Tentative Tract Map proposes improvements for roadways, including Byers Road, Valley Boulevard, and internal tract streets, which are consistent with the City's General Plan and the City's Public Works and Engineering Department Standard Details. • Policy CD- 1.3 Strengthen the identity of individual neighborhoods/communities with entry monuments, flags, street signs, and/or special tree streets, landscaping, and lighting. The project will include special street trees at the entries off Byers Road. The conceptual landscape plan includes the entire tract to provide a consistent and unique landscape plan for the entire community. Monument signage is proposed at the neighborhood park. Consistency with the Zoning Code. The Tentative Tract Map is consistent with the zone designation map. Page 2 of 5 TTM No. 38128 (PLN22-002) June 28, 2023 The Project site is zoned Low Density Residential-2 (LDR-2). The Tentative Tract Map proposes to subdivide the project area into 96 single family lots. Additional lots are proposed for recreational uses, open space areas, and internal roads. The minimum lot size required is 7,200 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 development code and the Subdivision Ordinance requirements. The project meets or exceeds all of the municipal code requirements such as minimum lot size of 7,200 square feet, minimum lot width of 40 feet, and minimum lot depth of 90 feet. 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 proposed project site is not under 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 east, with residential development planned to the west and north at a density compatible with what the project is proposing. The site does not contain steep slopes or other features that would be incompatible with the proposed development. Additionally, the site 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 under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations Page 3 of 5 TTM No. 38128 (PLN22-002) June 28, 2023 make infeasible mitigation measures or project alternatives identified in the environmental impact report. The Tentative Tract Map will not result in conditions detrimental to the public health, safety, or general welfare as designed and conditioned. An initial study and mitigated negative declaration was prepared for TTM 38128 and no significant impacts were identified with incorporation of standard conditions of approval and mitigation measures (as listed in the Mitigation Monitoring and Reporting Program). 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 (2) active conservation plans within the City's boundary, the Western Riverside County 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 MSHCP; 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 Menifee Municipal Code Chapter 17.03 as adopted by the City of Menifee. Therefore, the Project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or state conservation plan and the impact is considered less than significant. 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, conditions of approval, and mitigation measures. The project site is surrounded by existing and future single-family residences to the east, west, and north. Property to the south is owned by Southern California Edison. 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. 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. Page 4 of 5 TTM No. 38128 (PLN22-002) June 28, 2023 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 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. Therefore, no conflicts with easements will occur with the design of the subdivision. 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: 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. 38128 subject to the Conditions of Approval set forth in Exhibit "A" to this Resolution. 3. Resolution Regarding 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 281h day of June, 2023. Jeff ObOe, Chairman Approved as to form. Thai Phan, Assistant City Attorney Page 5 of 5 EXHIBIT 661" CONDITIONS OF APPROVAL Planning Application No.: Tentative Tract Map No. 38128 (PLN22-002) Project Description: Tentative Tract Map No. 38128 PLN22-002) proposes a subdivision consisting of 96 detached single-family lots with a minimum lot size of 7,200 square feet on a 28.38-acre site with a density of approximately 3.38 dwelling units per acre. Amenities within the development would include an approximately 1.25-acre park in the western portion of the site and approximately 0.53 acre of additional open space through the site. An approximately 0.81-acre water quality basin would be constructed in the northeastern portion of the project site. The project site is located in the northwestern portion of the City at Assessor Parcel Numbers (APNs) 330-230-023 and 330-230-024) on a 28.38-acre site in the City of Menifee, County of Riverside, State of California. Specifically, the project site is located at the southwest corner of Byers Road and Troy Lane, approximately 360 feet northwest of the western terminus of Rouse Road. Assessor's Parcel No.: 330-230-023 and 330-230-024 MSHCP Category: Residential (between 0 and 8 du/ac) DIF Category: Single-family Residential TUMF Category: Single -Family Residential (Contact Western Riverside Council of Governments {WRCOG)) Quimby Category: Single-family Residential for Detached Dwelling Units Approval Date: June 28, 2023 Expiration Date: June 28, 2026 Page 1 of 43 Within 48 Hours of the Approval of This Project Filing Notice of Determination (NOD). 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 Two Thousand Eight Hundred Fourteen Dollars and No Cents ($2,814.00) which includes the Two Thousand Seven Hundred Sixty -Four Dollars and No Cents ($2,764.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. 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 43 Section I: Conditions Applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Public Works Department Conditions of Approval Section IV: Building & Safety Conditions of Approval Section V: Fire Department Conditions of Approval Page 3 of 43 Section Conditions Applicable to all Departments Page 4 of 43 General Conditions 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Tentative Tract Map (TTM) No. 38128 (PLN22-002) shall be henceforth defined as follows: Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the Permittee of this project. EXHIBIT A = TTM No. 38128 dated December 10, 2022 EXHIBIT G = Conceptual Grading Plan for TTM No. 38128 dated December 10, 2022 EXHIBIT L = Conceptual Landscape Plan for TTM No. 38128 dated August 13, 2021 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. Mitigation Monitoring and Reporting Program. The developer shall comply with the mitigation monitoring and reporting program ("MMRP") which is incorporated by reference as part of these conditions of approval. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee original approval date, unless extended as provided by the Menifee Municipal Code. Action on a Minor Change and/or Revised Map request shall not extend the time limits of the originally approved TENTATIVE MAP. Page 5 of 43 Section Il: Planning Conditions of Approval Page 6 of 43 8. Comply with Ordinances. The development of these premises shall comply with the standards as adopted by the City of Menifee, City of Menifee Municipal Code, Subdivision Map Act, and all other applicable ordinances and State and Federal codes and regulations and shall conform substantially to the adopted plan as filed in the office of the City of Menifee Community Development Department, unless otherwise amended. 9. Phases. Construction of this project may be done progressively in phases provided a phasing plan is submitted with appropriate fees to the Community Development Department and approved by the Community Development Director prior to issuance of any Building Permits. 10. 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. 11. Reclaimed Water. The permittee shall install purple pipes and connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 12. No Off -Highway Vehicle Use. No off -highway vehicles shall be allowed on any parcel or open space area located within the boundaries of this land division map. 13. SCAQMD Rule 402. The project will prohibits a person from discharging an material which cause injury, nuisance, persons or to the public. ARCHEOLOGY comply with existing SCAQMD Rule 402 which y source quantities of air contaminants or other or annoyance to any considerable number of 14. 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. 15. 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). 16. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or Page 7 of 43 environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the. find ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property, so they are not subject to further disturbance in perpetuity as identified in Non -Disclosure of Reburial Condition. v. 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." 17. Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: 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 Page 8 of 43 reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. 18. Inadvertent Paleontological Find. Should fossil remains be encountered during site development: i. All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. ii. The applicant shall retain a qualified paleontologist approved by the County of Riverside. iii. The paleontologist shall determine the significance of the encountered fossil remains. iv. Paleontological monitoring of earthmoving activities will continue thereafter on an as -needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. v. If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. 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 Page 9 of 43 a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 19. Landscaping Submittals. Final landscape plan submittals are divided into two different processes. All on -site landscaping plans shall be submitted to the Planning Department for review and approval. The on -site landscaping shall include any basins, streetscape, open space and planters on private property that is maintained by the property owner or private entity (HOA or Common Maintenance Entity/Association). All off -site landscaping plans shall be submitted to the Engineering and Public Works Department for review and approval. Off -site plans shall include landscaping in areas maintained by the Community Facilities District (CFD) and are located within the City of Menifee Right -of -Way which can include streetscape, basins or slopes. 20. 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). 21. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition. 22. 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. 23. Maintenance of Landscaping. All landscaping, and similar improvements not properly maintained by a property owners association, individual property owners, or the common area maintenance director shall be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. 24. Front and Side Yard Landscaping Maintenance Responsibility. The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee. 25. 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. 26. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Page 10 of 43 Design) guidelines. FEES 27. 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 28. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to final map for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 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 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 and shall be in conformance with the development standards of the Menifee Municipal Code and General Plan. b. The common open space areas shall be shown as a lettered lot on the FINAL MAP. c. All existing and proposed easements shall be identified on the FINAL MAP. 32. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with the Menifee Municipal Code, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP "Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book _, Page . 33. ECS Note on MMRP. The following Environmental Constraints Note shall be placed on the ECS: Page 11 of 43 "This property is subject to the Mitigation Monitoring and Reporting Plan adopted as part of the Mitigated Negative Declaration for the Project on file with the Community Development Department." 34. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6." 35. Fee Balance. Prior to recordation, the Community Development Department shall determine if the deposit -based fees for the TENTATIVE MAP are in a negative balance. If so, any unpaid fees shall be paid by the land divider and/or the land divider's successor - in -interest. 36. 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. 37. Prior to map recordation, the developer shall submit a fully executed agreement with the property owner directly to the north of the project site (currently Pulte Homes). At a minimum, the agreement shall include permission for grading on the adjacent site (northern boundary of TTM 38128), access easements or utility infrastructure easements, Valley Boulevard construction, and shared perimeter walls. PRIOR TO GRADING PERMIT ISSUANCE (OR ANY GROUND DISTURBING ACTIVITIES) 38. 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 (Approved Exhibit A and G) and the conditions of approval. 39. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this plot plan which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 40. Stockpiling/Staging. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from all existing "sensitive receptors". 41. 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. 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 Page 12 of 43 the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include: a. Project grading and development scheduling; b. The Project archeologist and the Consulting Tribes(s) shall attend the pre -grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as -needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. 42. Pre -Grading Meeting. The qualified archaeologist shall attend the pre -grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component. 43. Paleontologist Required. Prior to the issuance of grading permits, the project applicant shall retain a qualified paleontologist approved by the Community Development Department to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the City Community Development Department for review and approval prior to the issuance of a grading permit. Information to be contained in the PRIMP, at a Page 13 of 43 minimum and in addition to other industry standard and society of Vertebrate Paleontology standards, are as follows: 1) 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. 2) 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. 3) 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. 4) If fossil remains are encountered by earthmoving activities when the project paleontologist is not on -site, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. 5) If fossil remains are found, fossilliferous 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. 6) Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains will then be curated (assigned and labeled with museum repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; placed in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, and associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. The City must be consulted on the repository/museum to receive the fossil material prior to being curated. 7) 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 City for review and approval prior to final building inspection as described elsewhere in this condition set. 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 office of the City Community Development Department along with a copy of this Page 14 of 43 condition and the grading plan for appropriate case processing and tracking. 44. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on -site during all ground -disturbing activities which are below the depths of the previous mass grading. 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 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. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 45. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on -site during all ground -disturbing activities which are below the depths of the previous mass grading. 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. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 46. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 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; 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; Page 15 of 43 e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fuqitive dust; Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. FEES 47. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit or ground disturbance, the permittee 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 17.88 acres (gross) in accordance with APPROVED EXHIBIT A. 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 Page 16 of 43 ordinance shall be required. 48. Fees. Prior to the issuance of grading permits for the Project the Community Development Department shall determine the status of the deposit -based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. PRIOR TO ISSUANCE OF BUILDING PERMIT 49. 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 and mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) for this project which must be satisfied prior to issuance of building permits. The Community Development Director may require inspection or other monitoring to ensure such compliance. 50. Conform Final Site Plan. The building plans shall be consistent with the elevations of the final site of development plans (required below under condition titled "Final Site of Development Plan."). The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. 51. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Said plans shall be in conformance with the approved DESIGN GUIDELINES. 1) Plans shall be designed to the provisions of the 2022(or current) edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2) Five (5) sets of plan drawings shall be submitted along with three (3) copies of structural and Title 24 Energy documentation. 3) Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4) All exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, "Dark Sky Ordinance". 52. 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. 53. Parking. Parking spaces are required in accordance with the Menifee Municipal Code. All parking areas and driveways shall be surfaced to current standards as approved by the City of Menifee Engineering Department. 54. Lighting. Prior to the issuance of building permits, all outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for Plan Check approval and shall comply with the requirements of the City of Menifee Municipal Code Chapter 6.01. MINOR PLANS REQUIRED 55. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department pursuant to the Menifee Municipal Code, along with the current fee. Page 17 of 43 Subdivision development shall conform to the approved tract map and shall conform to the Citywide Design Guidelines. The plot plan shall be approved by the Community Development Director prior to approval of the building plans and prior to issuance of Building Permits for lots included within that plot plan. 56. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee Municipal Code, along with the current fee. Tile plan shall be in compliance with the Conceptual Landscaping Plan, the Menifee Municipal Code and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, front yard landscaping, slope planting, common area and/or basin landscaping within Open Space Lots and any CFD-maintained landscaping. Emphasis shall be placed on using plant species that are drought tolerant and low water using. Note on Conceptual Plans. The conceptual landscaping plans show general locations for shrubs, groundcover and trees, but does not specify the size and each specific type of plant for all locations. Therefore, the Planning Division may require the addition of plants, change the space of plants, change the type of plants, or change the size of plants on the working drawing. The landscaping and irrigation plans for open space lots shall be consistent with Approved Exhibit L. NOTES: The landscape plan may include the requirements of any other minor plot plan required by the subdivision conditions of approval. However, minor plot plan conditions of approval shall be cleared individually. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering and Public Works Department ONLY. Landscaping plans for areas proposed to be maintained by the City Community Facilities District shall be submitted to the Engineering and Public Works Department. 57. WQMP Treatment Devices. All WQMP treatment devices including design details shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Community Development Director. 58. Entry Monument Plans. Building plans for an entry monument shall be consistent with approved Exhibit L. If any changes are proposed, the land divider/permit holder shall file an Entry Monument plot plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee Municipal Code, along with the current fee. The plan shall be in compliance with the TENTATIVE MAP conditions of approval. The plot plan shall contain the following elements: 1. Main entry monuments shall be placed at the following locations: Page 18 of 43 a. Both project entrances on Byers Road 2. A color photo simulation of a frontal view of all/the entry monument(s) with landscaping. 3. 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. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by the conditions of approval for this subdivision. However, this ENTRY MONUMENT condition of approval shall be cleared individually. The monument plan shall be approved prior to issuance of Building Permits. If monuments do not accommodate design requirements of the City Design Guidelines or meet line of sight requirements, Lot Line Adjustment or a Minor Change to the TENTATIVE MAP may be necessary. 59. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to the Menifee Municipal Code, with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off-street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. NOTES: The Model Home Complex plot plan shall not be approved without Final Site Development Plan approval, or concurrent approval of both. See the Community Development Department Model Home Complex application for detailed requirements. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex. The model home complex plan shall be approved prior to issuance of a Building Permit. 60. Wall and Fence Plan. The land divider/permit holder shall submit a Wall/Fencing Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee Municipal Code along with the current fee. The plan shall be in compliance with approved Exhibit L, and the TENTATIVE MAP conditions of approval. Page 19 of 43 A. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. C. Front yard return walls shall be constructed of masonry slump stone or material of similar appearance, maintenance, and structural durability) and shall be a minimum of five feet in height. D. Side yard gates are required on one side of the home and shall be constructed of vinyl. Chain -link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Community Development Department). E. All lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls constructed of decorative block. F. Corner lots shall be constructed with wrap -around decorative block wall returns. G. Wrought iron or tubular steel fence sections may be included within tracts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls to take advantage of casual view opportunities. H. The plan shall show the location of all retaining walls. Retaining walls shall be constructed with decorative block and a masonry cap as shown in the conceptual wall plans. I. Perimeter walls at the north and west property lines are shared with Cimarron Ridge Specific Plan. Therefore, coordination between property owners shall occur so the final wall and fence plan for TTM 38128 matches the approved perimeter walls in the Cimarron Ridge Specific. LANDSCAPING 61. 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. Security deposits are only required for common area landscaped areas. 62. 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). 63. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre -installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. The amount of hours for the Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Page 20 of 43 Irrigation. An initial deposit amount of $6,000 shall be required prior to the approval of any on -site landscape plan. FEES 64. 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. 65. 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 17.03 (hereinafter Chapter 17.03), 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. In the event Chapter 17.03 is rescinded, this condition will no longer be applicable. However, should Chapter 17.03 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 66. Romoland School District. Impacts to the Romoland School District shall be mitigated in accordance with California State law. 67. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. PRIOR TO FINAL INSPECTION 68. 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 and mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) 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. 69. Paleontological Monitoring Report. Prior to final inspection, the applicant shall submit to the Community Development Department, an electronic copy of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. A deposit for the review of the report will be required. 70. Archeology Report - Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted 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 Page 21 of 43 shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. 71. Anti -Graffiti Coating. An anti -graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the Community Development Department. 72. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. The conditions of approval for the entry monument plot plan may provide for more specific timing based on construction phasing and/or map phasing. 73. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the applicant provides to the Department of Building and Safety and the Community Development Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 74. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 75. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan. 76. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. 77. Roll Up Garage Doors. All residences shall have automatic roll -up garage doors. 78. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. 79. Final Planning Inspection. The applicant shall obtain final occupancy sign -off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met and all of the improvements are installed per approved exhibits. LANDSCAPING 80. Soil Management Plan. The applicant shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a Soil Management Plan?" 81. Landscape/Irrigation Install Inspection. The applicant's 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 Page 22 of 43 completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six month and One Year Post -Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 82. Landscape Installation. All required landscape planting and irrigation, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 and 9.195 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 83. Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 84. Resolution No. 22-1229 (DIF). Prior to issuance of certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Resolution No. 22-1229, which requires the payment of the appropriate fee set forth in the Resolution. Resolution No. 22-1229 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 Resolution, and it establishes the authorized uses of the fees collected. In the event Resolution No. 22-1229 is rescinded, this condition will no longer be applicable. However, should Resolution No. 22-1229 be rescinded and superseded by a subsequent City mitigation fee ordinance or resolution, payment of the appropriate fee set forth in that ordinance or resolution shall be required. 85. Quimby Fees. Quimby fees shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the amount determined by the City Manager, or their designee, prior to issuance of a building permit. 86. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. PRIOR TO ISSUANCE OF GIVEN BUILDING PERMIT OR OCCUPANCY CENTRAL AMENITIES and OPEN SPACE CONDITIONS Page 23 of 43 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 an 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. 87. Landscape Plans. Prior to issuance of the 1st building permit of the project, the applicant or applicant -in -successor shall submit and obtain approval of detailed (working drawing) landscape plans from the Community Development Department showing the park plans to be maintained by a Homeowner's Association or other private entity. Landscaping and Recreation Amenities Installation. Landscaping, irrigation and amenities shall be installed in accordance with the conditions noted below. Landscaping directly adjacent to residential lots shall be installed and inspected prior to issuance of occupancy for adjacent residential units. For the larger landscaped areas, the timing is as follows: Lot No. 98 & 99 (Park sites). Prior to issuance of a certificate of occupancy for the 481h production unit within the overall project site, all landscaping and irrigation within Lot No. 98 and Lot No. 99 (parks) shall be installed, inspections completed and passed and performance securities posted. Page 24 of 43 Section III: Engineering/Public Works Department Conditions of Approval Page 25 of 43 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. Tentative Tract Map 38128 is a 96-lot residential lot subdivision. The map is not phased; therefore, all public improvements will be required in one construction phase prior to any issuance of occupancies. If the developer chooses to phase the subdivision map, the phasing of the public improvements will be considered, and the applicable conditions will be updated. It is understood that the tentative tract map must correctly show acceptable street centerline elevations, all existing easements, traveled ways, cross sections, and drainage courses with appropriate drainage flows. Any omission or unacceptability may require the map to be resubmitted for further consideration. If there is a conflict between what is shown on the tentative tract map and these conditions, these conditions will supersede what is shown on the tentative tract map and any attachments to the tentative tract map, including the site plan and other plans or exhibits. All questions regarding the true meaning of these conditions shall be referred to the Public Works / Engineering Department. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/PW Director. Any design exceptions shown on the tentative map and associated engineering documents that are not specifically requested shall be redesigned to meet city standards. Drainage Study — The following report was reviewed and approved by the City a. Preliminary Hydrology and Hydraulics Report for Tract Map 38128: Jen Socal 4, LLC, prepared by Stevenson Porto & Pierce, Inc., dated April 28, 2022. The project shall comply with all mitigation recommended by the approved drainage study, and in accordance with City Standards. The design of drainage facilities will need to be revised if it does not adhere to City Standards. 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. 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. Final Project Specific Water Quality Management Plan (Final WQMP): The City reviewed and approved the report entitled "Preliminary Project Specific Water Quality Management Plan, WQ-0280", prepared by Stevenson Porto & Pierce, Inc., dated April 28, 2022. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP and the most recent Municipal Stormwater permit issued by the Regional Water Quality Control Board. The FINAL WQMP shall be complete with proper signature by the engineer and owner and shall Page 26 of 43 be reviewed and approved by the Public Works Engineering Department. The FINAL WQMP shall contain hardcopies of ALL appendices such as construction plans, site plans, etc. 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 a 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 USB Thumbdrive in pdf format shall be submitted to the Public Works Engineering Department. 3. Increased Runoff Criteria. The project development would increase peak flow rates on downstream properties. Mitigation shall be required to offset such impacts. An increased runoff basin should be shown on the exhibit and calculations supporting the size of the basin shall be submitted to the District and the City for review. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. For design purposes, the proposed detention basin shall be sized using the 6- hour/100-year frequency storm event. Detention basin(s) and outlet(s) sizing will ensure that this storm event does not produce higher peak discharge in the "after" condition than in the "before" condition. For the 100-year event, an AMC II shall be used together with a constant loss rate. Low Loss rates will be determined using the following: i. Undeveloped Condition --> LOW LOSS = 90% ii. Developed Condition --> LOW LOSS = .9 - (.8x%IMPERVIOUS) iii. Basin Site --> LOW LOSS = 10% Where possible and feasible the onsite flows should be mitigated before combining with offsite flows to minimize the size of the detention facility required. If it is necessary to combine offsite and onsite flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (offsite plus onsite), and the second for the area to be developed alone (onsite). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or onsite alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre -developed, post -developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. Page 27 of 43 No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4: 1 and depths should be minimized where public access is uncontrolled. Mitigation basins should be designed for joint use and m a y be incorporated into open space or park areas. Side slopes should be not steeper than 4:1 and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to the City should be provided for any flood control facilities to be owned and maintained by the City. Any facilities proposed to be owned by the District, should be provided with a viable maintenance mechanism acceptable to the City and the District. For the City this would be the citywide CFD. Facilities to remain private shall be maintained by commercial property owners association or homeowners associations. 4. 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. 5. 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. 6. 100 Year Storm- The 100-year storm flow shall be contained within the street top of curb. 7. 100 Year Drainage Facilities -All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee Public Works / Engineering Department. 8. 100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department. 9. 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. Page 28 of 43 10. Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed, and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review. 11. Comingling of Flows. Site restrictions may require the comingling of onsite and offsite flows. A treatment device approved by the City of Menifee Public Works Director shall be utilized to pretreat the flows before entering Home Owners Association ("HOK) facilities. The WQMP will need to show these catch basin inserts. This comingling of flows and the easement shall also be clarified in the Covenants Conditions and Restrictions ("CC&Rs") for the project. If site restrains and existing conditions require said comingling, it will be the obligation of the HOA to accept this water and maintain the system, as well as performing maintenance on the associated filter inserts. The developer shall provide a storm drain and flowage easement, or other applicable document approved by the city of Menifee, providing the right of the city to drain onto the private property. 12.Interceptor Drain Criteria/Guidelines: The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. These guidelines may be modified by the City Engineer/PW Director. 13. BMP — Energy Dissipators: 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. 14. Trash Racks — Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for floatable debris. Trash Racks shall be in compliance with the State -Wide Trash Amendment. 15. Perpetuate Drainage Patterns. The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review and approval. 16. 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. Page 29 of 43 17. 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. 18. Geotechnical Report — The following documentation was reviewed and approved by the City: Geotechnical and Infiltration Evaluation For Proposed Residential Development Tentative Tract Map No. 38128, APNs 330-230-023 and -024 City of Menifee, Riverside County, California, prepared by Geo Tek, Inc., dated June 11, 2021. 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. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A fee for review of the geotechnical/soils report and/or update letter shall be paid to the City, the amount of which shall be determined by the City at the first submittal of the report. Geotechnical Report - A geotechnical/soils report was submitted to the City and reviewed by staff. The geotechnical/soil report was reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. Prior to issuance of any grading permit, two copies of the City approved geotechnical/soils report shall be submitted to the Public Works Engineering Department. The developer/property owner shall comply with the recommendations of the report, and City standards and specifications. All grading shall be done in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer. An updated report may be required if deemed necessary by the Public Works Director prior to the issuance of any grading permit. 19. 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. 20. Grading. All grading shall conform to the latest edition of the California Building Code, applicable City ordinances, and all other relevant laws, rules, and regulations governing grading in Riverside County. Minimum drainage grade shall be 1 % except on Portland cement concrete where 0.5% shall be the minimum. Prior to commencing any grading involving 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the Public Works / Engineering Department. City ordinances on grading requires a grading permit prior to clearing, grubbing or any top soil disturbances related Page 30 of 43 to construction grading. Observe slope setbacks from buildings and property lines per the California Building Code and applicable City ordinance regarding grading. A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal to vertical) or over 10 feet in vertical height. 21. 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. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 22. Offsite Property and Right of Way — The developer / property owner shall be soley responsible for acquiring any offsite real property interests that may be required in connection with the development project. Prior to recordation of a final map, or the issuance of a grading permit, whichever occurs first, the developer shall obtain all required ROW, easements and / or permissions to perform offsite grading and/or improvements from all affected adjoining landowners. Notarized and recorded agreements or documents to the satisfaction of the Public Works Director / City Engineer, authorizing the offsite grading, shall be submitted to the Public Works / Engineering Department. 23. 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. 24.Off-Site Dedications - Prior to the approval of any improvement plans and the commencement of any construction associated with the development, the Developer shall be responsible for obtaining all necessary dedications of rights -of -way for offsite infrastructure improvements, right -of -entry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer. If the Developer cannot acquire a property interest in property required for off -site improvements, Government Code § 66462.5 shall apply and the City retains the right to: a. The Developer shall enter into an agreement to complete the improvements pursuant to Government Code § 66462 at such time as the City acquires an interest in the land that will permit the improvement to be made. b. The Developer shall pay all costs associated with acquiring the offsite real property interests required in connection with the development. 25. Valley Boulevard. The developer / property owner shall dedicate the necessary Valley Boulevard (Arterial Divided Roadway per City Circulation Element) right of way fronting the development on the final map or through another acceptable recordable instrument prior to issuance of any building permit. The right of way dedication for Valley Boulevard shall be made along the widest portion of the project frontage extending perpendicularly with the center line to the ultimate width of the road classification. The Page 31 of 43 developer/ property owner shall be responsible for obtaining necessary right-of-way dedication for portions of Valley Boulevard within the project frontage that are outside the property limit. 26. Byers Road. The developer / property owner shall dedicate the necessary Byers Road (Collector Undivided Roadway per City Circulation Element) right of way fronting the development to the intersection with Rouse Road. The Right of Way dedication can be made on the final map or through another acceptable recordable instrument prior to issuance of any building permit. 27. Traffic Study Report — The following report was reviewed and approved by the City: Traffic Study, Tract 38128 at Byers Road, prepared by Michael Baker, dated November 22, 2022. The Public Works Department — Traffic Engineering Division has reviewed the Traffic Study and has generally concurred with its findings. The developer/property owner shall be responsible for all improvements and mitigations, required or identified in the approved traffic study and according to these Conditions of Approval, such as but not limited to right-of-way frontage improvements, traffic signal construction or modification, and fair share fees. All required improvements and mitigation measures identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. Improvements identified in the Traffic Study are the absolute minimums recommend by the consultant traffic engineer. The City Engineer/PW Director may require traffic or street improvements beyond those identified in said study to address public safety and welfare, or to construct improvements eligible for DIF credits or reimbursement that front the project, as determined by the Public Works Director / City Engineer. 28. Improvement of Valley Boulevard — The developer / property owner shall construct or provide for the construction of Valley Boulevard fronting the development to meet City standards for an Arterial Divided Roadway. The developer / property shall coordinate Valley Boulevard design with adjacent tract developments, particularly the Cimarron Ridge subdivision Tract 36658. The design of Valley Boulevard improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. The Public Works Director or Deputy Public Works Director/City Engineer shall have the final approval for all road designs. The City Engineer may consider an in -lieu contribution from the developer / property owner for the improvement of Valley Boulevard. The developer / property owner shall request this consideration in writing and provide a cost estimate stamped and signed by a Professional Engineer for City Engineer approval. 29. Street Improvements — Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. a. Street Improvement design for intersection of Street "C" and Street "F" shall be approved by the City Engineer for the restrictive minimum sight distance of 200-feet. Developer shall provide sight distance to the maximum extent possible. Page 32 of 43 30. Soils and Pavement Design - 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. Actual Geotechnical Borings and R-Values are required for pavement design calculations and structural sections that are to be shown on the construction plans. Subsequent Final Borings and R Values shall be obtained for final pavement section approval after grading is complete and wet utilities installed and backfilled. 31. 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. 32. Paving or Paving Repairs — The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461 and City of Menifee standards and ordinances. 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. 33. Signing and Striping — A signing and striping plan for Valley Boulevard, Byers Road, and the intersection of Beyers Road with Rouse Road is required for this project along the project frontage and off -site transitions to existing striping. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. The Signing and Striping Plan shall be approved by the City Engineer in accordance with City ordinances, standards, and specifications, and with the latest edition of the CAMUTCD. 34. Construction of Street and Wet Utility Improvements —The developer / property owner shall design and construct the following improvements: a. In -Tract Improvements - Construct all street, storm, sewer, water, park, and wall improvements to public agency engineering standards. Although the streets will be private, all infrastructure improvements shall adhere to public agency standards, unless otherwise approved by City Engineer/PW Director. b. Valley Boulevard Frontage Improvements — The developer / property owner shall construct Valley Boulevard to its ultimate width per City Standards along its entire project frontage as determined by the City Engineer. Valley Boulevard is classified as an Arterial Divided Roadway per the City's Circulation Element. The required improvements shall include the construction of appropriate pavement transitions from the new improvements to existing improvements beyond the project frontage. The design of the transitions shall be in accordance with the CA Highway Design Manual, finalized during review of final construction drawings, and approved by the Public Works Director / City Engineer. C. Valley Boulevard Raised Median — The developer / property owner shall construct or pay contribution to construct a raised median on Valley Boulevard Page 33 of 43 along the project frontage as approved by the Public Works Director / City Engineer. d. Emergency Vehicle Access — Curb within 5 feet of the emergency vehicle access driveway shall be painted red. If there is less then 25 feet between the access and the next driveway to the adjacent lot, the entire curb between the access driveway and the next driveway shall be painted red. e. Byers Road — The applicant shall be responsible for the construction of Byers Road as a two-lane Collector along the project site frontage and connection to Rouse Road (from Troy Lane to Rouse Road. Byers Road improvements shall include 12-foot travel lanes with 4-foot shoulder in each direction and appropriate transitions at the limits of offsite road improvement. Byers Road and Rouse Road Intersection — The applicant shall be responsible for the construction of intersection improvements at Byers Road and Rouse Road to connect the north leg and the east leg of the intersection. The design shall include road pavement to accommodate turning movements as approved by the City Engineer. The design of the improvement shall also consider future connection to the west, and be wide enough to accommodate those ultimate improvement. 35. TUMF Improvement and Credit Agreement for Valley Boulevard Improvements — Valley Boulevard is a qualified TUMF facility. The developer may qualify for credit for constructing Valley Boulevard Improvements. To obtain credit for TUMF eligible facilities, the developer shall enter into a three party TUMF Improvement and Credit Agreement with WRCOG and the City of Mcnifeo, prior to issuance of a building permit. The agreement shall be in accordance with City Ordinances and WRCOG Administrative Policy. The agreement requires WRCOG approval and City Council action. 36. 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. 37. Fair Share Cost Participation for Off -site Improvements — The developer / property owner shall pay fair share costs for off -site improvements as detailed in the approved Traffic Study and identified below prior to issuance of a certificate of occupancy. The fair share cost estimates shall be based on conceptual exhibits prepared by the developer, reviewed and approved by the Public Works Director / City Engineer. These fair shares are determined as follows: a. Traffic Signal at Chambers Avenue and Murrieta Road— The developer / property owner shall contribute a fair share construction cost of 7.07% toward the cost of traffic signal installation. 38. Landscaping on Valley Boulevard - The parkway areas within the public right-of-way or landscape easements fronting the entire property along Valley Boulevard shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD or HOA. Page 34 of 43 Section IV: Building and Safety Conditions of Approval Page 35 of 43 1. 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. 2. Compliance with Code. All Design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes; 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. If a code cycle changes prior to submission of any plans or documents, the plans submitted shall be updated to the current State of California, Title 24, Code of Regulations, City of Menifee Ordinance, or any other state, federal, or city requirements. 3. Photovoltaic System. A photovoltaic (PV) system shall be installed on the newly constructed dwelling units per State of California Assembly Bill 178 (AB-178). The PV plans may be deferred. The proposed location of the PV system shall be shown on the first submittal of the dwelling construction plans for review. Any deferred PV system plans shall be submitted and approved prior to the rough electrical inspection of the ADU. 4. 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. 5. 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. 6. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 7. Obtaining Separate Approvals and Permits. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will require separate approvals and permits. All parks the are a part of the development shall be permitted separately. 8. Private Sanitary Sewer and Domestic Water Plan Approvals. (If Applicable) On -site private sanitary sewer and domestic water plans will require separate approvals and permits from Building and Safety. One (1) set of digital or six (6) sets of plans shall be submitted. 9. Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. Page 36 of 43 10. 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:OOpm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 11. Provide a tract production application and sequence worksheet with the following information: a) Identify the applicant, developer/builder, tract, phase, and lot number(s) on the City's application form. b) On a sequence worksheet, identify the addresses, accessors parcel numbers, lot numbers, plan types, elevations, habitable square foot area, garage square foot area, patio/deck square footage and chosen options. c) Clearly identify all options creating additional square feet, or changes to total square foot area d) Identification of residential lots based on percentages required by the Community Development Department. 12. Submit one (1) set of digital plans including but not limited to: fully dimensioned Structural, Architectural, Plumbing, Mechanical and Electrical Plans, floor, and site plans and, geotechnical reports. All digital plans shall be a minimum equivalent of 24" x 36" size media. A. Site Plans a) Vicinity Map. b) Assessor's Parcel Number, Tract and Lot number; and Site Address. c) Building data: Proposed building Sq. Ft., use/occupancy, Building Code data: The California Model Codes currently in effect are the 2022 California Code of Regulations, Title 24 — Building, Electrical, Mechanical, Plumbing, Green Building Code, Fire, and California Energy Code. B. Floor Plans a) North Arrow. b) Street frontage, lot lines and lot dimensions. c) Building location and setbacks to property lines and/or easements. C. Floor Plans a) Each model or building type. b) Universal Design components for single- family residential dwellings. D. Elevations a) All model or building types. Provide North, South, East, and West side views of the building exterior, showing the structure's exterior features and elements e.g., exterior wall finish, wall veneers, fireplace chimney, roof pitch, roof vents, doors, windows, etc. Page 37 of 43 E. Plumbing/Mechanical a) Points of connection for water/sewer meter locations. b) Material type and sizes for waste/vent, water, and gas supply systems. c) HVAC equipment location; gas stub locations and BTU input for gas appliances. d) County of Riverside Environmental Health Department Approved septic system design. F. Electrical Plan a) Electrical main service size, location, and grounding method. b) Electrical power and lighting plans, lighting fixture schedule. c) Title 24 Energy Code electrical requirements including high efficacy fixture types, motion sensors, dimmer switching or photo controls. G. Structural Plan/Foundation/Framing/Roof Plan and Details a) Structural design by a State of California registered engineer or licensed architect if the proposed structure does not comply with conventional light wood framing. b) Foundation elements to include, footing & slab reinforcement; footing and slab details, including base. c) preparation, sand layer(s), moisture barrier; anchor bolt size and spacing, hold down devices, etc. d) Structural frame plan(s) and key referenced details for walls, floor levels and roof. e) One (set) set of stamped/signed (digital signature accepted) Structural f) Calculations. g) One (1) digital set of stamped/signed (digital signature accepted) Roof Truss Calculations (if applicable). The architect or encginPPr of rPrcrd shall first review and stamp the truss layout sheet, indicating the design to be in general conformance with the building design, prior to submittal to the Building and Safety Department for review and approval. H. Supplemental Information a) One (1) digital copy of current Geotechnical soils reports, dated within 1 year of plan submittal or, an older report with an update letter addressing current soils data from the same engineering firm. b) Package D prescriptive method Energy Forms, or computerized ENV (Envelope), MECH (Mechanical) and Mandatory Measures energy calculation forms for new conditioned space; and all the required compliance forms are to be copied to the full-size plan sheets. c) Include full plan size copies of the city departments Conditions of Approval to the plans. d) One (1) digital copy of the approved signed precise grading plan. e) Fees are based on the current City of Menifee Adopted Fee Schedule. f) The contractor must sign the permit application and provide evidence of current CA State contractor's license. All contractor's/sub-contractors must show proof of State and City licenses and shall comply with Sec. 3800 of the Labor Code regarding Workers Compensation. g) Applicant shall obtain all required clearances and/or approvals from the appropriate water district(s) and Riverside County Fire prior to issuance of any building permits. Page 38 of 43 Prior to Issuance of Building Permits 13. Prior to the model home complex, sales office, and production permits, all maps shall be recorded with the City of Menifee. 14. All associated Building Fees to be paid. 15. Each Department is required to sign the City of Menifee request for residential permit issuance form available on the City of Menifee website. The Building and Safety Department shall be the last to sign the form. Prior to Final Inspection 16. 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. 17. Each Department is required to sign the City of Menifee request for residential occupancy form available on the City of Menifee website. The Building and Safety Department shall be the last to sign the form. Page 39 of 43 Section V: Fire Department Conditions of Approval Page 40 of 43 1. BLUE DOT REFLECTORS- 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. 2. HYDRANT/SPACING - Schedule A fire protection approved standard fire hydrants, (6"x 4"x 2'/2°) locate one at each street intersection and space no more than 330 feet apart in any direction. 3. POTENTIAL FIRE FLOW -The water system shall be capable of providing a fire flow of 1,000 GPM for 2 hours 00duration at a minimum of 20 PSI operating pressure from each fire hydrant. PRIOR TO MAP RECORDATION 4. WATER PLANS -The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by local water company, the originals shall be presented to the Fire Department for signature. 5. ECS-WTR PRIOR TO COMBUSTIBLES- The following note to be added to the ECS map: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 6. 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 Transportation Department and the Riverside County Fire Department. 7. FIRE ACCESS ROADWAY- Fire Department emergency vehicular access road shall be (all weather surface) capable of sustaining an imposed load of 80,000lbs GVW, based on the street standards approved by the City of Menifee Public Works and the Office of the Fire Marshal. PRIOR TO BUILDING PERMIT 8. TRACT WATER VERIFICATION - 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. 9. HYDRANT SYSTEM -Prior to the release of your installation, site prep and/or building permits from Building and Safety. Written certification from the appropriate water district that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. Also a map or APN page showing the location of the fire hydrant and access to the property. Page 41 of 43 10. SECONDARY/ALTER 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 Transportation Department and the Riverside County Fire Department. Alternate and/or Secondary Access(s) shall be completed and inspected per the approved plans. PRIOR TO FINAL INSPECTION 11. VERIFICATION INSPECTION- PRIOR TO MOVING INTO THE RESIDENCE YOU SHALL CONTACT THE RIVERSIDE COUNTY FIRE DEPARTMENT TO SCHEDULE AN INSPECTION FOR THE ITEMS THAT WERE SHOWN AT THE BUILDING PERMIT ISSUANCE IE: ACCESS, ADDRESSING, WATER SYSTEM AND/OR FUEL MODIFICATION. 12. RESIDENTIAL FIRE SPRINKLER - Residential fire sprinklers are required in all one and two family dwellings per the California Residential code, California Building Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2016 Edition. Plans must be submitted to the Fire Dept. for review and approval prior to installation. 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 42 of 43 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC23-599 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 28th day of June, 2023 by the following vote: Ayes: Diederich, Long, Madrid, Thomas, LaDue Noes: None Absent: None Abstain: None