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PC23-602RESOLUTION NO. PC 23-602 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 37450 (PLN21-0361) FOR 33 SINGLE FAMILY LOTS ON AN APPROXIMATELY 10.27-ACRE PROJECT SITE LOCATED ON THE SOUTHWEST CORNER OF GARBANI ROAD AND SHERMAN ROAD (APNS: 360-350-004 AND 360-350-005). WHEREAS, on November 5, 2021, the applicant, Jordan Bursch of Menifee 18 Holdings LLC, filed a formal application with the City of Menifee for the approval of Tract Map No. 37450 (PLN21-0361) subdivision for a residential community consisting of 33 detached single-family lots with a minimum lot size of 7,200 square feet on a 10.27 gross - acre (8.52 net -acres) site with a density of approximately 3.87 dwelling units per acre. The project includes a 0.59 acre open space lot on the south west corner of the project and a 0.24 acre water quality basin on the north east corner; 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 July 12, 2023, the project was continued to July 26, 2023 Planning Commission Hearing, to grant additional time for the City and the Applicant to coordinate on project conditions of approval; and WHEREAS, on July 26, 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. 37450 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 300 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. 37450 (PLN21-0361) 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. TTM No. 37450 (PLN21-0361) July 26, 2023 The project site has a General Plan Land Use Designation of 2.1-5 du/ac and Rural Residential 5 acre minimum. The intent of the designation established in the General Plan is residential development within the 2.1 to 5 dwelling units per acre density range. The intent of the Rural Residential 5 acre minimum designation is to have one home per every 5 acres however, due to this designation only comprising of a small portion of the southwest corner of the project, this area will remain as vacant open space and include a mixture of HOA maintained landscaping and natural vegetation. The project is proposed at a density of 3.87 dwelling units per acre which is consistent with the General Plan land use designations and with the surrounding community. The Project is consistent with the following City of Menifee General Plan policy: • LU-1.8: Ensure new development is carefully designed to avoid or incorporate natural features, including washes, creeks and hillsides. The majority of the project site is designated as 2.1-5 du/acre in the General plan and is intended for single family residential tract developments, however a small, sloped portion of the southwest corner is designated as Rural Residential 5 acre minimum intended for larger rural residential properties with one residential unit per 5 acres. The proposed development leaves this Rural Residential 5-acre minimum portion of the project site as vacant natural open space and an HOA maintained landscaped area to preserve the rural natural hillside feature. • Policy LU-1.6 Coordinate land use, infrastructure, and transportation planning and analysis with regional, county, and other local agencies to further regional and subregional goals for jobs -housing balance. The subdivision is conditioned to improve Garbani Road and Sherman Road along the project frontage which will increase the accessibility for residents within the project to the future Grabani Road on/off ramps planned on the 215 freeway. • 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 Garbani Road, Sherman Road, 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 Garbani Road. The conceptual landscape plan includes the entire tract to provide Page 2 of 6 TTM No. 37450 (PLN21-0361) July 26, 2023 a consistent and unique landscape plan for the entire community. Monument signage is proposed the first entrance off of Sherman Road. Consistency with the Zoning Code. The Tentative Tract Map is consistent with the zone designation map. The Project site is zoned Low Density Residential-2 (LDR-2) and Rural Residential 5 acre minimum (RR5). The Tentative Tract Map proposes to subdivide the project area into 33 single family lots. Additional lots are proposed for 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 north, vacant land to the east and west and an existing single-family home to the south. The site does contain a small slope on the southwest corner of the project site that would be incompatible with the proposed development however, the applicant has proposed to leave this lot as a natural open space and an HOA maintained landscaped lot instead of proposing a single family home. Additionally, the site has been designed 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. Page 3 of 6 TTM No. 37450 (PLN21-0361) July 26, 2023 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 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 37450 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 single-family residences to the north and south along with vacant residential land to the east, and commercial/mixed use vacant land to the east. 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. Page 4 of 6 TTM No. 37450 (PLN21-0361) July 26, 2023 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. 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 payment of fees as determined by the Community Services Department. Fees are required for consistency with the Quimby Act. NOW, THEREFORE, The Planning Commission of the City of Menifee makes the following findings: 1. That the Findings set out above are true and correct. 2. That the facts presented within the public record and within this resolution provide a basis to approve Tentative Tract Map No. 37450 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. Page 5 of 6 TTM No. 37450 (PLN21-0361) July 26, 2023 PASSED, APPROVED AND ADOPTED this the 26th day of July, 2023. Approved as to form: JJL--:� Thai P n, Assistant City Attorney Page 6 of 6 EXHIBIT 941" CONDITIONS OF APPROVAL Planning Application No.: Tentative Tract Map No. 37450 (PLN21-0361) Project Description: Tentative Tract Map No. 37450 PLN21-0361) proposes a subdivision for a community consisting of 33 single family lots with sizes ranging from 7,200 square feet to 10,204 square feet on two vacant parcels totaling 10.27 acres. The tract development will incorporate one detention basin on the north east corner of the project and one HOA maintained open space lot on the south west corner of the project. The project site is located on the south west corner of Garbani Road and Sherman Road within the City of Menifee, County of Riverside, State of California (APNs: 360-350-004, 360-350-005). Assessor's Parcel No.: 360-350-004, 360-350-005 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: July 26, 2023 Expiration Date: July 26, 2026 Page 1 of 77 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 77 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 Section VI: Riverside County Environmental Health Conditions of Approval Page 3 of 77 Section I: Conditions Applicable to all Departments Page 4 of 77 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. 37450 (PLN21-0361) 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. 37450 dated February 16, 2023 EXHIBIT L = Conceptual Landscape Plan for TTM No. 37450 dated August 29, 2022 EXHIBIT M = Maintenance Exhibit Plan for TTM No. 37450 dated February 8, 2023 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 77 Section II: Planning Conditions of Approval Page 6 of 77 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. No Outdoor Storage. No outdoor storage is allowed within the site. For example, no storage lockers, sheds, metal container bins, or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. 12. No Off -Highway Vehicle Use. No off -highway vehicle use 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 comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. ARCHEOLOGY 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 Page 7 of 77 resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between 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: i. Preservation -In -Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. Page 8 of 77 Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. 18. Inadvertent 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 Page 9 of 77 completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 19. 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). 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. Page 10 of 77 FEES 26. 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 27. 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. 28. 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. 29. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 30. 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. 31. 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 _. 32. 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 Page 11 of 77 lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6." 33. ECS Note on MMRP. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to the Mitigation Monitoring and Reporting Program adopted as part of the Mitigated Negative Declaration for the Project on file with the Community Development Department." 34. 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. 35. Maintenance Exhibit. Prior to map recordation, the developer shall prepare an exhibit that shows all open space lots within the tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and Public Works and Engineering Department. PRIOR TO GRADING PERMIT ISSUANCE (OR ANY GROUND DISTURBING ACTIVITIES) 36. 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. 37. 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. 38. 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". 39. 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 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. Page 12 of 77 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. 40. 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. 41. 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 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. Page 13 of 77 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, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. 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 condition and the grading plan for appropriate case processing and tracking. 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 Page 14 of 77 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. 42. 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. 43. 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; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; Page 15 of 77 j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute 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 44. 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 ordinance shall be required. 45. 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. Page 16 of 77 PRIOR TO ISSUANCE OF BUILDING PERMIT 46. 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. 47. 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. 48. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Building and Safety - Plan Check Division. Said plans shall be in conformance with the approved DESIGN GUIDELINES. 1) Plans shall be designed to the provisions of the 2019 (or current) edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2) Five (5) sets of plan drawings shall be submitted along with three (3) copies of structural and Title 24 Energy documentation. 3) Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4) All exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, "Dark Sky Ordinance". 49. 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. 50. 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. 51. 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 52. Final Site of Development Plan. A plot plan application shall be submitted to the Community Development Department pursuant to the Menifee Municipal Code, along with the current fee. Subdivision development shall conform to the approved tract map and shall conform to the Citywide Design Guidelines. Page 17 of 77 The plot plan shall be approved by the Community Development Director prior to approval of the building plans and prior to issuance of Building Permits for lots included within that plot plan. The plot plan shall contain the following elements: 1) A final site plan (40' scale precise grading plan) showing all lots, building footprints, setbacks, mechanical equipment (and methods for screening) and model assignments on individual lots. 2) Each model floor plan and elevations (all sides). 3) Three (3) sets of photographic or color laser prints (8" x 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations in accordance with the approved Design Manual and other applicable standards. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 4) The number of floor plans for each area shall be in accordance with the Design Guidelines. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the requirements for the number of floor plans is being met. 5) The colors and materials on adjacent residential structures should be varied to establish a separate identity for the dwellings. A variety of colors and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood. Color sample boards shall be submitted as a part of the application and review process. 6) All new residences with garages shall be provided with roll -up (i.e. on tracks) garage doors (either sectional wood or steel). At least twenty-five percent (25%) of the garage doors in any project should have windows. NOTE: The requirements of this plot plan may be incorporated with any minor plot plan required by this subdivision's conditions of approval. However, this FINAL SITE DEVELOPENT plot plan condition of approval shall be cleared individually. 53. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee Municipal Code, along with the current fee. The plan shall be in compliance with the Conceptual Landscaping Plan, the Menifee Municipal Code and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, front yard landscaping, slope planting, common area and/or basin landscaping within Open Space Lots and any CFD-maintained landscaping. Emphasis shall be placed on using plant species that are drought tolerant and low water using. Applicant shall submit the landscaping plan showing modification to secondary fire access road to include removable bollards (instead of fencing) with landscaping on both sides of access road. Page 18 of 77 The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of four (4) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless provided for active uses. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. 9) All trees shall be minimum double -staked. Weaker and/or slow -growing trees shall be steel -staked. 10) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. Note on Conceptual Plans. The conceptual landscaping plans show general locations for shrubs, groundcover and trees, but does not specify the size and each specific type of plant for all locations. Therefore, the Planning Division may require the addition of plants, change the space of plants, change the type of plants, or change the size of plants on the working drawing. The landscaping and irrigation plans for open space lots shall be consistent with Approved Exhibit L, as well as any applicable provisions within the Fuel Mod Plan. 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. 54. 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 Page 19 of 77 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. 55. 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 56. Wall and Fence Plan. The land divider/permit holder shall file five (5) sets of a Wall/Fencing/Entry Monument 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. Applicant shall submit the wall and fence plan showing modification to secondary fire access road to include removable bollards with landscaping on both sides of access road. 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 Page 20 of 77 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. LANDSCAPING 57. 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. 58. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre -installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. The amount of hours for the Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. An initial deposit amount of $6,000 shall be required prior to the approval of any on -site landscape plan. FEES 59. 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. 60. Open Space Fee (MSHCP). Prior to the issuance of a building permit, the applicant shall comply with the provisions of City of Menifee Municipal Code Chapter 8.27 (hereinafter Chapter 8.27), which requires the payment of the appropriate fee set forth in the Ordinance. Page 21 of 77 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 8.27 is rescinded, this condition will no longer be applicable. However, should Chapter 8.27 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 61. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 62. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Page 22 of 77 PRIOR TO FINAL INSPECTION 63. 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) forthis project which must be satisfied prior to final inspection. The Community Development Director may require inspection or other monitoring to ensure such compliance. 64. 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. 65. 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 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. 66. 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. 67. 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. 68. 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. 69. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 70. 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. 71. Driveways. The land divider/permit holder shall cause all driveways to be constructed of cement concrete. Page 23 of 77 72. Roll Up Garage Doors. All residences shall have automatic roll -up garage doors 73. 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. 74. 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 75. 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?" 76. 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 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. 77. 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. 78. 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 79. 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 Page 24 of 77 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. 80. 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. 81. 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 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. 82. 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 landscape plans to be maintained by a Homeowner's Association or other private entity. 83. Open Space Lot D. Prior to the occupancy of lots 12 and 13 or the 26th occupancy within the tract (whichever occurs first), Open Space Lot D shall be installed per approved landscape plans. Page 25 of 77 Section III -A: Engineering/Public Works Department Conditions of Approval Page 26 of 77 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 37450 Garbani South is a 33-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 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. 84. Drainage Study — The following report was reviewed and approved by the City: a. Preliminary Hydrology Report for Garbani South TTM 37450 DEV2021-009: Prepared by Ventura Engineering Inland INC., dated June 07, 2018, revised August 16, 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. 86. 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 Page 27 of 77 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. 87. Offsite Easements or Redesign: Offsite drainage facilities shall be located within dedicated drainage easements obtained from the affected property owner(s). Document(s) shall be recorded and a copy submitted to the Public Works / Engineering Department prior to recordation of the final map. If the developer cannot obtain such rights, the map should be redesigned to eliminate the need for the easement. 88. Final Project Specific Water Quality Management Plan (Final WQMP). The following report was reviewed and approved by the City: a. Preliminary Project Specific Water Quality Management Plan, Garbani South (TTM 37450) DEV2021-009, WQ-0222, prepared by Ventura Engineering Inland, Inc., dated October 30, 2017, revised August 16, 2022. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: a) Hydrology/hydraulics report b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 89. Geotechnical Report — The following documentation was reviewed and approved by the City: 1. "Geotechnical Investigation, Proposed Residential Development, Tract Map 37450, SWC Sherman Road and Garbani Road, Menifee, California", prepared by Sladden Engineering, Project No. 664-17070, dated December 12, 2017 2. "Seismic Refraction Survey, Tentative Tract Map 37450, SWC of Garbani and Sherman Roads, City of Menifee, Riverside County, California", prepared by Terra Geosciences, Project No. 183051, dated February 19, 2018. 3. "Response to City of Menifee Review Comments dated June 29, 2018; Project No.: 226815-00022.75, by NV5", prepared by Sladden Engineering, Project No. 664-17079, dated July 27, 2018. Page 28 of 77 4. "Geotechnical Update re: Geotechnical Investigation report prepared by Sladden Engineering dated December 12, 2017." Tract Map 37450, SWC Sherman Road and Garbani Road, Menifee, California, prepared by Sladden Engineering, Project No. 644-17079, Report 22-08-112, dated August 17, 2022. 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. 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. 90. Grading Bonds — Prior to commencing any grading, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer / property owner with the Public Works / Engineering Department. 91. On -Site Storm Drain System - Prior to issuance of a grading permit, the proposed on -site storm drain system shall be designed such that any ponding in the 100-year storm, shall be contained within the site; it shall not encroach onto any adjacent property, and shall maintain a minimum 1-foot freeboard to the proposed building pad elevation. The 100-year storm flow shall be conveyed to Garbani and Sherman Road and shall not flow over the proposed parkway or within the driveway approach. Page 29 of 77 92. Proposed Drainage Termination at the Southeast intersection of Sherman and Garbani - The developer is proposing to take flows from this development to outlet to a proposed rip -rap at the southeast corner of Sherman Rd and Garbani Rd. A development to the east of this project and south of Garbani Rd is currently being reviewed by the City. The proposed development is called Mill Creek or more specifically, Tentative Tract Map 37127. The Mill Creek development includes a proposal to construct a storm drain line along Garbani Rd that will connect to an existing storm drain line on Garbani Rd to the east. If the proposed TR37450 project develops ahead of the Mill Creek development, the proposed rip -rap termination is acceptable, provided TR37450 pay an in -lieu of construction for the cost of design and construction of a final drainage connection to the storm drain proposed by Mill Creek development once available. The in -lieu of construction cost shall be based on the estimated cost reviewed and approved by the PW Engineering Department, and shall be due prior to issuance of a Certificate of Occupancy for TR37450. If the Mill Creek development develops ahead of TR37450, and the storm drain line is already available, TR37450 shall connect to the Mill Creek storm drain in lieu of the rip -rap termination design. 93. Traffic Impact Analysis (TIA) Report — This project was not required to prepare a full TIA due to the small scale of the development. However, the development shall comply with all required improvements and requirements identified in these Conditions of Approval and shall be included in all improvement plans for review and approval by the Public Works Engineering Department. 94. 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. 95. Easements and right-of-way for public roadways shall be dedicated to the City of Menifee through the final map, or other acceptable Page 30 of 77 recordable instrument. The project shall ensure that dedications are consistent with the current City General Plan. Public street improvements and right-of-way dedications shall be as follows: 96. Street Improvements - The proposed street improvements will be constructed on Streets "A" through "C", Sherman Road, and Garbani Road, as described in the Dedications listed herein. 97. Intersection Geometrics — The following street intersections shall be improved with the following geometrics: a) Sherman Road / Garbani Road Intersection Improvements - The developer / property owner shall construct the intersection of Sherman Road/Garbani Road with the following lane geometrics: • Northbound: One shared left -turn / through / right -turn lane (stop - controlled). • Southbound: One shared left-turn/through/right-turn lane. (stop -controlled). • Westbound: One shared left-turn/through lane. One right -turn lane. (stop - controlled). • Eastbound: One left -turn lane. One through lane. One right -turn lane. (stop - controlled). b) Sherman Road / "A" Street and Sherman Road / "B" Street Intersection Improvements - The developer/property owner shall construct the intersection of Sherman RoadP'A" Street and Sherman Road/"B" Street with the following lane geometrics: • Northbound: One shared through left -turn lane. • Southbound: One shared through right -turn lane. • Westbound: One shared through left -turn right -turn lane (stop -controlled). All temporary / final intersection geometrics may be modified in final engineering as approved by the City Engineer. 98. Reconstruction or Resurfacing of Garbani Road and Sherman Road — The Public Works Director / City Engineer may consider reconstruction or resurfacing of Garbani Road and Sherman Road paving fronting the development to meet existing conditions, provided the road is found to meet the minimum City standards for pavement conditions at the time of project construction. If it is determined during project construction that the existing road is found to be substandard, then the Public Works Director / City Engineer will require the developer / property owner to provide full reconstruction as provided for in these conditions of approval. The existing pavement shall be cored during project construction to confirm the structural section, and any findings shall be incorporated into project design. The Public Works Director / City Engineer shall have the final approval for all road conditions. 99. Signing and Striping Plan. A signing and striping plan for Garbani Road and Sherman Road is required for this project. The applicant shall be responsible for any additional paving and/or striping Page 31 of 77 removal caused by the striping plan. Prior to issuance of a construction permit, any necessary signing and striping plan shall be approved by the City Traffic Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD). Traffic signing and striping shall be performed by City forces with all incurred costs borne by the applicant, unless otherwise approved by the City Traffic Engineer. All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate. 100. 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. Streets "A" through "C" inclusive — These streets shall be designed as Modified General Local Roads, Standard Plan No. 115 (36'/56'). The modifications are: right-of-way width of 56 feet, curb -to -curb roadway of 36 feet, and 6-foot sidewalk non- contiguous with curb within the 10' parkway width. b) Sherman Road Frontage Improvements - Sherman Road is designated a two-lane Collector Road and a Class III Bike Lane in the City General Plan. The developer/property owner shall construct the westerly side of Sherman Road from the Garbani Road to the southern project boundary to its ultimate half -section width as a two-lane Collector. An additional 7 feet shall be dedicated to meet the 44-ft half width from centerline to western right-of-way and the following improvements: Half width pavement improvement plus 12-ft beyond the centerline. The pavement extension to 12-ft beyond the centerline may be as determined by the PW Director in final engineering. 2.5 feet Parkway that includes a 6-ft sidewalk that is non- contiguous to the curb, an 8.5-ft DG trail, and a 7' bio-retention area adjacent to the curb. c) Sherman Road Termination South of the Project — In final engineering the end of Sherman Road at the south project boundary shall have an appropriate termination design approved by the Public Page 32 of 77 Works Engineering Department. The design shall include street transition safe for vehicular travel, and drainage design to eliminate deposition of silt and debris. Additional requirement may be required by the Fire Department to ensure appropriate turning movements for fire trucks. d) Garbani Road Frontage Improvements - Garbani Road is designated a Major Divided (raised median) Road (118-foot right-of-way, 59-foot half width), with Class II Bike Lane in the City General Plan. The developer / property owner shall construct the southerly side of Garbani Road to its ultimate half -section width as designated in the City General Plan. An additional 1-foot dedication shall be provided to meet the 60— foot half width and the following improvements: Half width pavement improvement plus 12-foot beyond the centerline. The pavement extension to 12-foot beyond the centerline may be as determined by the PW Director in final engineering. 22 feet Parkway that includes a 6-ft sidewalk that is non- contiguous to the curb, a 10.5-foot decomposed granite (DG) trail, and a 5-foot bio-retention area adjacent to the curb. 101. 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. a. Garbani Road Transitions - Appropriate street transitions at the east end and west end boundaries of the project along Garbani Rd shall be provided. The design shall be approved by the City Engineer. 102. Right of Way Landscape — Right of way landscaping shall be installed per approved plan including best management practices identified in the water quality management plan. Landscaping along Holland Road and Sherman Road shall be installed consistent with the timing noted elsewhere in these Conditions of Approval. 103. 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. 104. Road Bridge Benefit District — This project is within the Scott Road Zone B Road Bridge and Benefit District (RBBD). Page 33 of 77 Section III-B: Engineering/Public Works Department Standard Policies &Procedures Page 34 of 77 85. All required public improvements must be constructed and accepted by the City prior to issuance of the first and any subsequent certificate of occupancy, unless approved by City Engineer/Public Works Director. 86. 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 are not approved. 87. The developer is responsible to furnish & install one 2" and one 3" conduit for traffic signal interconnect and broadband purposes, per City of Menifee Standard Detail 1005, along all circulation element roads and intersections. 88. Subdivision Map Act — The developer / property owner shall comply with the State of California Subdivision Map Act and all other laws, ordinances, and regulations pertaining to the subdivision of land. 89. Mylars — All improvement plans and grading plans shall be drawn on twenty- four (24) inch by thirty-six (36) inch Mylar and signed by a licensed civil engineer and/or other registered/licensed professional as authorized by State law. 90. Guarantee for Required Improvements - Prior to grading permit issuance, construction permit issuance, and/or Final Map recordation, financial security or bonds shall be provided to guarantee the construction of all required improvements associated with each phase of construction, per the City's municipal code. 91. Tentative Tract Map. It is understood that the tentative tract map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate drainage flows, and that their omission or unacceptability may require the map to be resubmitted for further consideration. All questions regarding the true meaning of these conditions shall be referred to the Public Works / Engineering Department. 92. The Public Works Director may require the dedication and construction of necessary utilities, streets, or other improvements outside the area of any particular map phase if the improvements are needed for circulation, drainage, parking, and access or for the welfare and safety of the public. 93. Bond Replacement, Reduction, and Releases - All requests for bond Page 35 of 77 replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards, and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security. 94. Existing and Proposed Easements - The final grading plan and improvement plans shall correctly show all existing easements, traveled ways, drainage courses, and encumbrances. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration. 95. Engineered Plans - All improvement plans, and grading plans shall be drawn on twenty-four (24) inches by thirty-six (36) inch Mylar and signed by a licensed civil engineer or other registered/licensed professional as required. 96. Plan Check Submittals — Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, streetlights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a "flash" drive or "thumb" drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. GIS and ACAD files 2004 or later are required for all final maps upon approval. 97. Final Map Submittal Process — Appropriate final map plan check submittal forms shall be completed and appropriate fees or deposits paid. Prior to approval of the final map by the City Council, the developer / property owner shall provide along with the final map mylars, electronic files of the final map on Compact Disc (CD), in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and Abf) and (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. Page 36 of 77 98. Plan Approvals - Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive Public Works / Engineering Department approval prior to issuance of any construction permit, grading permit, or building permits as applicable and as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control and Water Conservation District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District. All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to recordation of a final map for which the improvements are required, or prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the PW Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. All required CFD landscape plans must be approved prior to building permit issuance. 99. As -Built Plans - Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to as -built all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and Abf) or (c) Geodatabase (made up of ESRI extension .gdb). The timing for submitting the as -built plans shall be as determined by the Public Works Director / City Engineer. 100. Construction Times of Operation. The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: a. Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 7:00 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.020. There shall be no construction permitted on Sunday or Page 37 of 77 nationally recognized holidays unless prior approval is obtained from the City Building Official or City Engineer. b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / City Engineer or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. d. A Pre -Construction meeting is mandatory with the City's Public Works Inspection team prior to permit issuance and the start of any construction activities for this site. 101. Dry Utility Installations - Electrical power, telephone, communication, traffic signal, street lighting, and cable television conduits and lines shall be placed underground in accordance with current City Ordinances 460 and 461, and as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council. 102. All grading activities shall conform to the latest adopted edition of the California Building Code, City Grading Ordinance, Chapter 8.26, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 103. Regulations and Ordinance on Grading Within the City — In addition to compliance with City Chapter 8.26, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Ordinances, City design standards and specifications and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to Page 38 of 77 commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare. 104. Dust Control —All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board. 105. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department. 106. Slope Setbacks — Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 107. Slope Landscaping and Irrigation — All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per City Grading Ordinance Chapter 8.26. Drip irrigation shall be used for all irrigated slopes. 108. Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a licensed landscape architect and bonded per applicable City ordinances. 109. Drainage and Terracing — Provide drainage facilities and terracing in conformance with California Building Code's chapter on "Excavation and Grading" and applicable City ordinances on grading. 110. Control Measures for Slopes Greater than 3 feet in Vertical Height - Erosion control and / or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a registered landscape architect, and bonded per City Ordinances. Page 39 of 77 111. Slope Stability Report — A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal : vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report. 112. Erosion Control Plans —All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round in compliance with all applicable City of Menifee Standards and Ordinances and the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season. 113. Temporary Erosion Control Measures - shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing these measures shall be submitted to the Public Works / Engineering Department for review and approval. 114. Water Quality Management Plan (WQMP) - All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP, executed report. The developer / property owner shall comply with the requirements of the WQMP report, the N P D E S municipal permit in force, and City standards and specifications. 115. Design Grade Criteria — Onsite parking areas shall be designed in accordance with the current version of City of Menifee Standards and Specifications. Non-compliance may require a redesign of the project. Significant redesigns may require a revised Plot Plan. Design Grade Criteria: a) On -Site Parking - Where onsite parking is designed, such as in common areas, parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is Page 40 of 77 the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. b) Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises. c) Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%,or approved by the PW Director/City Engineer. 116. Drainage Grade - Minimum drainage design grade shall be 1 % except on Portland cement concrete surfaces where 0.35% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1 % with a justification for a lesser grade. 117. Finish Grade — Shall be sloped to provide proper drainage away from all exterior foundation walls in accordance with City of Menifee Standard Plan 300. The slope shall be not less than one-half inch per foot for a distance of not less than 3 feet from any point of exterior foundation. Drainage swales shall not be less than 1 '/2 inches deeper than the adjacent finish grade at the foundation. 118. Use of Maximum and Minimum Grade Criteria — Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector and will need to be removed and replaced at developer's or owner's expense. 119. Licensed Geotechnical Engineer - A California licensed Geotechnical Engineer shall perform final determination of the foundation characteristics of soils within on -site development areas, and per the approved geotechnical report reviewed and approved by the City. 120. Retaining Walls — Sections, which propose retaining walls, will require separate permits. They shall be obtained prior to issuance of any other building permits — unless otherwise approved by the Building Official and/or the Public Works Director / City Engineer. The walls shall be designed by a licensed civil engineer and conform to City Standards. The plans shall include plan and profiles sheets. Page 41 of 77 121. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 122. Drainage Runoff Emergency Escape. An emergency escape path shall be provided for the stormwater runoff at all inlets for the proposed underground facilities in the event that the inlets become blocked in any way. To prevent flood damage to the proposed structures, all proposed structures in the vicinity of the inlets and along the emergency escape path shall be protected from flooding by either properly elevating the finished floor in relation to the inlets and flow path or by making sure the structures are set back from the inlets to provide adequate flow through area in the event the emergency escape of the stormwater runoff is necessary. Subsurface drainage flowing in easements adjacent to or in lots for homes shall provide emergency overflow facilities in case the subsurface drainage is blocked to prevent inundation of residential lots. 123. Riverside County Flood Control and Water Conservation District (RCFCWCD) Encroachment Permit Required. An Encroachment Permit Is required for any work within District right of way or any connection to District facilities. The Encroachment Permit application shall be processed and approved concurrently with the improvement plans. 124. RCFCWCD Submittal of Plans. A copy of the project specific WQMP, improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations (drainage report) shall be submitted to the District as reference material for the review and approval of the final drainage report and storm drain plans that propose construction of storm drain facilities that will be owned and maintained by the District. 125. Grading Permit for Clearing and Grubbing — City ordinance on grading requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities. 126. Compliance with NPDES General Construction Permit — The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). This is in addition to the Municipal permit governing design, WQMPs, and permanent BMPs. Page 42 of 77 Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 127. SWPPP - Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State's SMARTS database system and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. The City will require submittal of NOTs for requests to fully release associated grading bonds. 128. SWPPP for Inactive Sites — The developer/property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. 129. 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. 130. Offsite Grading Easements - Prior to recordation of a final map phase, or the issuance of a grading permit within a phased map whichever occurs first, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department. 131. Offsite Property and Right of Way — The developer / property owner shall be responsible for acquiring any offsite real property interests that Page 43 of 77 may be required in connection with the development project. Prior to recordation of a final map, or the issuance of a grading permit, whichever occurs first, the developer shall obtain all required ROW, easements and / or permissions to perform offsite grading, from all affected landowners. 132. Increased Runoff Criteria. The development of this site 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. A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the City for review and approval. 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 11 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. 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. Page 44 of 77 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. 133. 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. 134. 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. 135. 100 Year Storm - The 100-year storm flow shall be contained within the street top of curb. 136. 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. If the tract is built in phases, each phase shall be protected from 100-year tributary storm flows. 137. 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. 138. 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 45 of 77 All grading and drainage shall be designed in accordance with City standards and Riverside County Flood Control & Water Conservation District's conditions of approval regarding this application. If not specifically addressed in RCFCD's conditions, drainage shall be designed to accommodate 100-year storm flows. Additionally, the PW Engineering Department's conditional approval of this application includes an expectation that the conceptual grading plan reviewed and approved for it complies or can comply with the latest requirement of the WQMP (Water Quality Management Plan) for the Santa Ana River Watershed as required by the City of Menifee. 139. 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. 140. 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 HOA facilities. The WQMP will need to show these catch basin inserts. This comingling of flows and the easement shall also be clarified in the 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. 141. 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. 142. 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. 143. 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 Page 46 of 77 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. 144. 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. 145. 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. 146. Storm Drain Lines 36" and larger - All proposed storm drain lines greater than 36" in diameter may be considered for ownership and maintenance by the Flood Control District. The applicant shall enter into a cooperative agreement with the Flood Control District regarding the terms of the design, construction and operation of facilities proposed for ownership by the Flood Control District. 147. No Building Permit without Legal Lot — Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act. 148. No Building Permit Prior to Subdivision Map Recordation — Prior to issuance of any building permit, the developer / property owner shall record the Subdivision Map. Model Homes are exempt from this requirement. 149. No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structure or appurtenance, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department. 150. Final Rough Grading Conditions — Prior to issuance of each building permit, Page 47 of 77 the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City approved forms and shall be submitted to the Public Works Engineering Department for verification and acceptance. 151. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 152. Final Grade Certification — The developer/property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City -approved form, for each building requesting a certificate of occupancy. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 153. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 154. Plant & Irrigate Slopes — All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3' in vertical height shall have erosion control measures provided. Slopes that exceed 15' in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department. Drip irrigation shall be provided for all irrigated slopes. 155. Common Area Maintenance — Any common areas identified on the tentative map shall be owned and maintained through a permanent master maintenance organization shall be established for the project, to assume maintenance responsibility for all common areas. The organization may be public (City CFD, or another agency) or private (e.g., property owners' association). Merger with an area -wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable Page 48 of 77 instrument, and shall be in a form acceptable to the city. The maintenance organization shall be established prior to issuance of a Certificate of Occupancy. 156. Maintenance Exhibit - Prior to final map recordation, the developer / property owner shall prepare an exhibit that shows all open space lots within the project development tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and the Public Works / Engineering Department. 157. Conditions, Covenants and Restrictions (Private Common Areas) - In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner association (POA or HOA) shall be the mechanism to maintain such common areas. 158. CC&R Content, Submittal Process and Timing - The developer/property owner shall submit to the Public Works / Engineering Department for review and approval CC&R documents consisting of the following: a. One hard copy and an electronic version of the CC&R's. A completed application form to review the CC&Rs, available at the Public Works / Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R's shall: provide for the establishment of a property owner's association, ii. provide for the ownership of the common area by the property owner's association, iii. contain provisions approved by the Public Works / Engineering Department, Community Development Department, and the City Attorney, iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project's approved WQMP. v. Contain provisions notifying initial occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the property owners' association and/or the developer. Page 49 of 77 vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that are otherwise not maintained by responsible property owners. If a separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs. b. As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c. Once approved, the developer / property owner shall provide a hard copy of the CC&R's wet -signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R's prior to...... the issuance of Certificate of Occupancy or building permit issuance. d. A deposit to pay for the review of the CC&Rs pursuant to the City's current fee schedule at the time the above -referenced documents are submitted to the Public Works / Engineering Department. 159. Street Improvements Design Standards - Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, Ordinances, and all other relevant laws, rules and regulations governing street construction in the City. 160. Concrete Work - All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength of 3,250 psi. 161. Intersection Geometrics - All final intersection geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. 162. Intersection / 50-Foot Tangent - All centerline intersections shall be at ninety (90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) foot tangent, measured from flow line / curb face or as approved by the Public Works Director / City Engineer. 163. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the Public Works Director / City Engineer. R- Page 50 of 77 Values shall be provided in said report and the Engineer of Record shall provide pavement calculations to the City. 164. Acceptance of Public Roadway Dedication and Improvements — Easements and right -of way for public roadways shall be granted to the City through acceptable recordable instrument. 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. 165. ADA Compliance — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official. 166. 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. 167. Street Light Plan — Street lights requiring relocations, or any required new streetlights shall be designed in accordance with current City Standards for LS-3 type streetlights. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer. 168. Street Lights Installation — Install streetlights along the streets associated with development in accordance with the approved City approved street lighting plans and standards. It shall be the responsibility of the Developer to ensure that streetlights are energized along the streets of those lots where the Developer is seeking Final Inspection for Certificate of Occupancy. 169. Public Streetlights Service Points —All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within Page 51 of 77 public right of way or within duly dedicated public easements. 170. CFD Maintenance - The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD for street sweeping services, street pavement maintenance, landscaping, street lighting, etc. 171. Offsite Grading — A notarized and recorded agreement, or City -approved documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 172. Sight Distance Analysis — Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans. 173. Street Name Sign - The developer/property owner shall install street name sign(s) in accordance with applicable City Standards, or as directed by the PW Engineering Department. 174. Driveway Geometrics- Final driveway geometrics may be modified in Final Engineering as approved by the Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. Prior to issuance of any Certificate of Occupancy, required driveways shall be constructed. 175. Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner shall submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction. The plan shall specify the following mitigation measures to address the following: (a) The estimated day(s), time(s) and duration of any lane closures that are anticipated to be required by Project construction. Page 52 of 77 (b) Safety measures such as, but not limited to, signage, flagmen, cones, advance community notice, or other acceptable measures to the satisfaction of the Public Works Engineering Department. The purpose of the measures shall be to safely guide motorists, cyclists, and pedestrians, minimize traffic impacts and ensure the safe and even flow of traffic consistent with City level of service standards and safety requirements. (c) A notification to the Public Works Department at least five (5) business days in advance of any planned lane closure that will be caused by Project construction. The City shall evaluate any other known lane closures, construction activities, or special events that may conflict with the Project's scheduled lane closure or create additional impacts to traffic flow; and, if deemed necessary by the Public Works Department, the Project's lane closure may be postponed or rescheduled. (d) A dirt haul route plan shall be submitted for approval prior to any import/export grading operation. The plan shall identify all origins and destinations and the time for haul period, and the haul routes shall be approved by the Traffic Engineer. Haul routes shall not be permitted on residential streets without the approval of the Traffic Engineer. The traffic control application, location, and type of traffic control shall be shown on the plan. Daily street sweeping is required during all hauling operations. 176. Traffic Signal Control Devices — All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate. 177. Cost participation through Payment of TUMF and DIF for Improvements - The developer/property owner's TUMF and DIF payment obligations shall be considered as cost participation for Project's required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee. Page 53 of 77 178. Improvement Bonds — Prior to improvement plan approval and issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions, and municipal codes. 179. Completion of Improvements — Prior to issuance of a Certificate of Occupancy, the following street components shall be completed: e. Primary and Alternate (secondary) access roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. f. Interior roads shall be completed and paved to finish grade according to the limits indicated in the improvement plans and as noted elsewhere in these conditions. All curbs, gutters, sidewalks and driveway approaches shall be installed g. Storm drains and flood control facilities shall be completed according to the improvement plans and as noted elsewhere in these conditions. Written confirmation of acceptance by the Flood Control District, if applicable, is required. h. Water system, including fire hydrants, shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All water valves shall be raised to pavement finished grade. Written confirmation of acceptance from water purveyor is required. i. Sewer system shall be installed and operational, according to the improvement plans and as noted elsewhere in these conditions. All sewer manholes shall be raised to pavement finished grade. Written confirmation of acceptance from sewer purveyor is required. j. Landscaping and irrigation, water and electrical systems shall be installed and operational in accordance with City adopted County Ordinance 461. 180. Encroachment Permits — The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. 181. Stormwater Management - All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP Page 54 of 77 prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. 182. Trash Enclosures Standards and Specifications — Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. f) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non -hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be Page 55 of 77 protected and located at the rear of the enclosure to prevent damage from bins. 183. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries — collectively referred to as the "Trash Amendments." Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices in all new and existing catch basins to which this development will be tributary to or receiving from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee's MS4. All trash full capture devices shall be listed on the State Board's current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water issues/programs/stormwater/trash i mplementation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city -owned storm drains or otherwise located within the public right of way. Project specific facilities: The existing catch basin on the east side of Berea Road, between the northern project boundary and Dorval Court shall be retrofitted with a catch basin insert device selected from the list of approved devices by the Santa Ana Regional Water Quality Control Board. The State Water Resources Control Board, Resolution adopted an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of California. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development will be tributary to. Devices shall meet the requirement of the new Trash Amendment. 184. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all the structural BMPs identified in the Page 56 of 77 approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: d) Hydrology/hydraulics report e) Soils Report that includes soil infiltration capacity f) 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. 185. Revising The Final WQMP - In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 186. WQMP Maintenance Agreement - All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R's) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. 187. Implement Project Specific WQMP - All structural BMPs described in the project -specific WQMP shall be constructed or installed and operational in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved project -specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project or subdivision map phase until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational. Page 57 of 77 The City will not release occupancy permits for any portion of the project, or any proposed map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs. 188. Inspection of BMP Installation — Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. 189. WQMP/BMP Education - Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP's and educational and training requirements for said BMP's as directed in the approved WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer. Public Education Program materials may be obtained from the Riverside County Flood Control and Water Conservation District's NPDES Section through their website at www.rcwatershed.orq. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 190. EMWD Minimum Standards — All public water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee. 191, Utility Improvement Plans — Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by Page 58 of 77 the Public Works / Engineering Department and EMWD. 192. Onsite and Offsite Sewer, Water and Recycled Water Improvements -All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to approval of improvement plans and final map approval. 193. Sewer Lines - Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. 194. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. 195. Annexation to the Citywide Community Facilities District (CFD) (2017-1) - Prior to the issuance of a Building Permit or ... map recordation..., the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, pavement maintenance, drainage facilities, street sweeping, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 196. CFD Annexation Agreement - In the event timing for this development's schedule prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the issuance of a building permit but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit. Page 59 of 77 197. Assessment Segregation - Should this project lie within any assessment/benefit district, the applicant shall, prior to any building permit issuance to make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 198. Landscape Improvement Plans for CFD Maintenance — Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared as one plan for the entire development as determined by the PW Director. When necessary, as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 199. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public's right-of-way, shall be landscaped and irrigated per City standards and guidelines. 200. CFD Landscape Guidelines and Improvement Plans — All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 201. Maintenance of CFD Accepted Facilities — All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. 202. AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a) Source separate recyclable and/or compostable material from solid waste and donate or self -haul the material to recycling facilities. Page 60 of 77 b) Subscribe to a recycling service with their waste hauler. c) Provide recycling service to their tenants (if commercial or multi- family complex). d) Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.oro/oDencros/recyclying/recycling and compost business.h tml#mandatory 203. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal: Source separate organic material from all other recyclables and donate or self -haul to a permitted organic waste processing facility. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated, from those services meet the requirements of AB 1826. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development is subject to this requirement. 204. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/facade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. Page 61 of 77 The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. 205. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B "Waste Reporting Form" of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amounts of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. 206. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, "Waste Reporting Form" of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the PW Director / City Engineer. 207 Road Bridge Benefit District -The applicant shall pay the RBBD fees based on the designated land use and areas, prior to the issuance of a building permit. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment from the time of issuance of a building permit to issuance of a certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel. 208. TUMF FEES - Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Page 62 of 77 Fee (TUMF) in accordance with the fee schedule in effect at the time of (building permit or certificate of occupancy) issuance, pursuant to adopted City Ordinance governing the TUMF program. 209. Fees and Deposits - Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Page 63 of 77 Section IV: Building and Safety Conditions of Approval Page 64 of 77 210. 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. 211. 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. 212. 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. 213. 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. 214. 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. 215. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 216. 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. 217. 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. Page 65 of 77 218. Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. 219. 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. 220. 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. 221. 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 Page 66 of 77 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. 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 engineer of record 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. Page 67 of 77 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. Prior to Issuance of Building Permits 222. Prior to the model home complex, sales office, and production permits, all maps shall be recorded with the City of Menifee. 223. All associated Building Fees to be paid. 1. 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 2. 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. 3. 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 68 of 77 Section V: Fire Department Conditions of Approval Page 69 of 77 GENERAL CONDITIONS 99. The proposed fuel modification will consist of 100 feet, 70 feet of non -irrigated area outside the lost parcel line radiant heat wall, 30 feet inside the wall prior to the structure envelope. Zone 1, 30 feet will be irrigated and maintained by the property owner, Zone 1A AND Zone 2, 70 feet irrigated and non -irrigated will be HOA maintained. 100. The area within five feet of the structures (Zone 0) will be maintained as an ember resistant zone and include gravel, pavers, concrete or other noncombustible materials (no combustible bark or mulch). VEGETATION MANAGEMENT ZONE 1 IRRIGATED — HOMEOWNER MAINTAINED 101. Zone 1 per Approved Fuel Treatment Exhibit the defensible space zone shall be free of all combustible construction and materials. It is an irrigated zone surrounding the structure. It Is measured from the exterior walls of the structure or from the most distal point of combustible projection. 102. Required Landscaping in this zone shall be fire resistant and shall not include any pyrophytes that are high in oils and resins such as pines, eucalyptus, cedar, cypress, or juniper species. For proper plant selections refer to Attachment C for a list of acceptable plants or Attachment B for the prohibited plant list of the Fire Protection Plan Report. 103. Approved ground covers and lawns that shall be maintained at a height that does not exceed 4 inches. 104. Vegetation and combustible ground covers (mulch, bark, wood chips, etc.) are not permitted within 5 inches of a structure. 105. Shrubs should be low -growing and well -irrigated and should be selected from the plant list in ATTACHMENT C or plants approved by the RVCFD. Shrubs shall be single specimens or a grouping not exceeding three plants. Mature height of plants shall not exceed 48 inches. At mature growth, single plants or groupings of plants shall be separated from each other by at least 5 feet. Plants shall not be located under vents or windows or withing five feet to either side of a window. Single specimens of plants or grouping not exceeding three plants are allowed under mature trees. 106. Trees shall be single specimens or groupings of not more than three trees selected from the approved plant list. Trees are to be planted such that the mature canopies will be at least 10 feet from the exterior walls of the structure or from the most distal point of a combustible projection, an attached accessory structure, or an accessory structure within 10 feet of a habitable building. 107. An automatic irrigation system is required. Areas inside the drip line of native oak trees shall not be irrigated. Page 70 of 77 108. Required Maintenance shall adhere to the following. a. The lots shall be maintained year-round by the individual property owner within their property boundary (lot lines) as required by the FPP or the RVCFD. b. Sprinkler system shall be checked weekly to insure proper working order. C. Any dead or dying plant material shall be removed or replaced. Shrubs and trees are to be bi-annually maintained free of dead material. d. Trees shall be maintained such that the branches and limbs closest to the ground are pruned to a height from the ground that is equal to 1/3 the overall heights of the tree or six feet from the ground, whichever is higher. e. All trees must be maintained to the current ANSI A300 standards [Tree, Shrub, and Other Woody Plant Maintenance- Standard Practices (pruning)] VEGETATION MANAGEMENT ZONE 1 IRRIGATED — HOA MAINTAINED 109. These areas represent manufactured slopes that will be re -planted and irrigated in perpetuity. 110. The lot shall be maintained year-round by the Homeowner Association within their property boundary as required by the FPP or the RVCFD. VEGETATION MANAGEMENT ZONE 2 NON -IRRIGATED — HOA MAINTAINED 111. Zone 2 HOA maintained, is an area starting at fence or PL, and extending outward up to 100 feet depending on individual lot setbacks. This will be a non - irrigated dry fuel modification zone. Areas are designated on the Fuel Treatment Exhibit and shall be maintained on a as needed basis. 112. Fuel Modification area shall be maintained year by the HOA as required by the FPP or the RVCFD. 113. Grasses shall be maintained weed whipped to 4 inches. 114. The are shall be maintained free of invasive plants and any volunteer native shrubs. 115. Manufactured Slopes that are within the general Zone 2 area will be considered as Zone 1A for the purpose of the required landscaping and irrigation. All designed HOA manufactured slopes shall be maintained and irrigated in perpetuity. CONSTRUCTION STANDARDS Page 71 of 77 116. All structures within the development site shall meet all wildland/interface standards to the satisfaction of the City of Menifee and RVCFD. Design and construction shall meet the requirements listed in the 2022 Edition of the California Fire and Building Codes, with special adherence to Chapter 7A, and the 2022 Edition of the California Residential Code section R337, with ither local amendments/ordinances adopted by RVCFD. 117. All accessory structures such as decks, balconies, patios, covers, gazebos, and fences shall be built from non-combustible or ignition resistant materials. 118. The following additional construction requirements shall be implemented in lots 7 through 19 to mitigated for the inability to achieve the 100 feet of fuel modification. • A six (6) non- combustible wall shall be constructed on the lot boundary facing the wildland vegetation. • All vents in structures shall be "Brandguard:, "O'Hagin Fire & Ice Line- Flame and Ember Resistant or equivalent type vents. • All operable windows shall be provided with metal mesh bug screens over the operable opening to replace traditional vinyl bugs screens to prevent embers from entering the structure. 119. Construction or building permits shall not be issued until fire code official inspects and approves required vegetation clearances, fire apparatus access and water supply for the construction site. 120. Prior to the delivery of combustible building constructions materials to the project site the following conditions shall be completed to the satisfaction of the City of Menifee and/or RVCFD: a. Clearance of Zone 0, Zone1 and Zone 2 vegetation management shall be provided prior to combustible material arriving on the site and shall be maintained throughout the duration of construction. Fire code officials may require additional vegetation management and/or defensible space when warranted. b. Additional requirements as listed in the development will be adhere to: i. Mobile stationary or portable powered operated equipment in the HFA shall bot be used without the RVCFD written approval. Specific fire protection measures that may be required to mitigate the hazard include, but are not limited to: • A standby water tender, equipped with a pump, fire hose and nozzle. Page 72 of 77 • Pre -wetting of the site to avoid the production of sparks between blades, tracks, and rocks. • Conducting a fire watch for a minimum of one -hour following the cessation of operations each day. • For welding cutting or grinding work, clear away all combustible material from the area around such operations for a minimum distance of 10 feet. A hot -work permit will be required prior to commencing work. • Maintain a serviceable round point shovel with an overall length of not less than forty-six (46) inches and five (5) gallon backpack water pump type fire extinguisher fully equipped and ready for use at the immediate area during the operation. INFRASTRUCTURE 121. The Developments water supply shall be provided by the local water purveyor. Fire Flow requirements shall be provided to Riverside County Fire Department. 122. The water mains shall be capable of providing a potential fire flow 2000 GPM and an actual fire flow available from any one hydrant shall be 1500 GPM for 2 hours duration at 20 PSI residual operating pressure. 123. Approved standard fire hydrants, (6"x4"x2 1/2") shall be located at each street intersection and spaced not more than 500 feet apart in any direction with no portion of any lot frontage more than 250 feet from a hydrant. Fire flow shall be a minimum of 1500 GPM. 124. 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. 125. All homes will require NFPA 13D Residential Sprinklers, per the California Residential code, California Building Code, and the California Fire Code. Plans must be submitted to the Fire Department for review and approval prior to installation. 126. Fire access roads shall meet the requirements of the RVCFD and shall be a paved surface capable of supporting loads of 80,000 Ibs gross vehicle weights, Access to all portions of the building must be within 150 feet of the available fire department access. Fire access roads shall be maintained for clear access of Page 73 of 77 emergency vehicles. This project requires primary and secondary access at the time of construction. 127. An emergency access driveway (28-foot width) shall be located between lots 4 &5 connecting to Garbani Road and "B" Street (to be a dedicated fire access road and not shared with residential dwellings). PRIOR TO MAP RECORDATION 128. Ecs map must be stamped by the Riverside County Surveyor with the following note: The land division is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall comply with the special construction provisions contained in Riverside County Ordinance 787.9. 129. ECS map must be stamped by the Riverside County Surveyor with the following Note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope, and terrain. c). A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENTS SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. PRIOR TO GRADING PERMIT 130. Fuel Modification -ECS map must be stamped by the Riverside County Surveyor with the following Note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope and terrain. c) A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENTS SHALL HAVE Page 74 of 77 CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 131. Fire Department shall review and approve building setbacks, water and access for new ingle family dwellings that are in a hazardous fire area. PRIOR TO BUILDING PERMIT 132. 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. 133. HFA Review- Fire department shall review and approve setbacks, water and access for all single-family dwellings, additions and projections that are in a hazardous fire area. 134. Secondary Access- In the interest of Public Safety, the project shall provide An Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Traffic/Engineer Department and the Riverside County Fire Department. Alternate and/or Secondary Access(s) shall be completed and inspected per the approved plans. Page 75 of 77 Section VI: Riverside County Environmental Health Conditions of Approval Page 76 of 77 135. Potable water and sanitary sewer service: A "General Condition" shall be placed on the project indicating that the subject property is proposing to receive potable water service and sanitary sewer service from Eastern Municipal Water District (EMWD). It is the responsibility of this facility to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, in addition to all other applicable agencies. Prior to map recordation, provide documentation that establishes water and service for the project from EMWD. 136. Removal/Abandonment of any existing OWTS and Wells. Any existing wells and/or existing on -site wastewater treatment systems (OWTS) shall be properly removed and/or abandoned under permit with DEH. 137. Environmental Cleanup Programs. As part of the services offered to Contract Cities, the Department of Environmental Health Environmental Cleanup Programs (ECP) conducts environmental reviews on planning projects to ensure that existing site conditions will not negatively affect human health or the environment. The objective of the environmental reviews is: to determine if there are potential sources of environmental and/or human exposures associated with the project, identify the significance of potential adverse effects from the contaminants, and evaluate the adequacy of mitigation measures for minimizing exposures and potential adverse effects from existing contamination and/or hazardous substance handling. 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 77 of 77 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. PC23-602 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 26th day of July, 2023 by the following vote: Ayes: Long, Madrid, Thomas, LaDue Noes: None Absent: Diederich Abstain: None Sarah Manwaring City" Clerk