PC24-627RESOLUTION NO. PC 24-627
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING DEV2023-002 CONSISTING OF
TENTATIVE PARCEL MAP NO. 38674 (PLN23-0025) AND PLOT PLAN
NO. PLN23-0026 FOR DI CAPRI RESIDENTIAL LOCATED AT THE
SOUTHWEST CORNER OF CHAMBERS AVENUE AND MURRIETA
ROAD (APN 335-080-008)
WHEREAS, on February 7, 2023, the applicant, Menifee Fellowship 2022, LLC
filed a formal application with the City of Menifee for a Tentative Parcel Map (TPM) No.
38674 (PLN23-0025) and Plot Plan (PP) No. PLN23-0026, collectively known as
DEV2023-002 — Di Capri Residential, to subdivide an existing 7.65-net acre vacant lot
into three parcels for condominium purposes for the development of 61 single-family
units on the southwest corner of Chambers Avenue and Murrieta Road; 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 the Project's potentially significant environmental impacts; and
WHEREAS, between February 11, 2024 and March 1, 2024, the 20-day public
review period for the Draft IS/MND took effect, which was publicly noticed by a
publication in a newspaper of general circulation, notice to owners within 300 feet of the
Project site boundaries, related agencies and government agencies; and
WHEREAS, Conditions of Approval for the Project have been prepared and
attached hereto as Exhibit "A" of the resolution; and
WHEREAS on March 13, 2024, the Planning Commission of the City of Menifee
held a public hearing on the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the adoption of the
IS/MND for DEV2023-002 — Di Capri Residential, which hearing was publicly noticed by
a publication in The Press Enterprise, a newspaper of general circulation, an agenda
posting, notice to property owners within 300 feet of the Project boundaries, on -site
posting at the Project site, and to persons requesting public notice.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1: The Planning Commission hereby makes the following findings for PLN23-
0025 in accordance with Title 7, Article 2, Chapter 7.20.090 "Findings for Approval for
Tentative Maps" of the City of Menifee Subdivision Code:
Finding 1 - The proposed subdivision and the design and improvements of the
subdivision is consistent with the Development Code, General Plan, any
applicable specific plan, and the Menifee Municipal Code.
The Project site is designated as 5.1-8 du/ac Residential (5.1-8R)
according to the City of Menifee General Plan. The intent of this
designation is to create "Single -Family attached and detached
Di Capri Residential - TPM
March 13, 2024
residences" with a density range between 5 and 8 du/ac. The Project
includes 61 detached units on approximately 7.65 net acres (8.03 gross
acres) for a density of approximately 7.97 residential units per acre. The
Project is consistent with the 5.1-8R Land Use designation, because the
Project will provide a residential use within the established density range.
The Project site is zoned Low -Medium Density Residential (LMDR). The
intent of the LMDR designation (consistent with the Land Use
designation) is to create "Single -Family attached and detached
residences" with a density range between 5 and 8 du/ac. The Project
meets all the Development Code standards of Title 9, including but not
limited to, parking requirements, setbacks/land use buffering, landscape
coverage, floor area ratio (FAR) and height requirements of the LMDR
zone. Moreover, the Project was reviewed against and found consistent
with the Citywide Design Guidelines.
The TPM proposes to subdivide the Project area into three lots for
condominium purposes to support 61 residential units. The Project
includes common areas for recreational uses, open space areas, internal
roads, and easements. 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 Subdivision Ordinance requirements.
Finding 2 - The tentative map does not propose to divide land which is subject to a
contract entered into pursuant to the California Conservation Act of 1965,
or the land is subject to a Land Conservation Act contract but the
resulting parcels following division of the land will be of an adequate size
to sustain their agricultural use:
The tentative map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of
1965.
Finding 3 - The site is physically suitable for the type of development and the
proposed land use of the development.
The proposed Project is for a tentative parcel map; the subject site is
relatively flat and does not contain steep slopes or other features that
would be incompatible with the proposed development. The site is
bounded by residential developments in all directions with the addition of
commercial zoning to the north. The surrounding area is also relatively
flat. Therefore, the site is considered physically suitable for the type of
development and the proposed land use of the site.
The Project has been reviewed by a variety of Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Community Development Department, Engineering and Public
Works Department, and Office of the Fire Marshal. These Departments
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Di Capri Residential - TPM
March 13, 2024
have also provided conditions of approval as appropriate to ensure
compliance with applicable regulations.
Finding 4 - The design of the subdivision and the proposed improvements, with
conditions of approval, are either.
1. Not likely to cause significant environmental damage or
substantially and avoidable injure fish or wildlife of their habitat; or
2. Subject to an environmental impact report under which a finding
has been made pursuant to Public Resources Code Section
21081(a)(3) that specific economic, social, or other considerations
make infeasible mitigation measures or project alternatives
identified in the environmental impact report.
An IS/MND pursuant to the California Environmental Quality Act (CEQA)
was prepared for the Project. In the IS/MND it was found that with
implementation of mitigation measures, the proposed project would not
result in any significant impacts. A Mitigation Monitoring and Reporting
Plan (MMRP) was prepared and identifies all mitigation measures that will
be required for the project.
The approval of the TPM will not result in conditions detrimental to the
public health, safety, or general welfare as designed and conditioned.
The map has been reviewed and conditioned by the City of Menifee
Community Development and Engineering Departments, and Office of the
Fire Marshal, to ensure that it will not create conditions materially
detrimental to the surrounding uses.
Finding 5 - The design of the subdivision and the type of improvements are not likely
to cause serious public health problems.
The Project has been reviewed and conditioned by the City of Menifee
Community Development, Engineering, and Police Departments, and
Office of the Fire Marshal, to ensure that it will not create conditions
materially detrimental to the surrounding uses. In addition, environmental
impacts resulting from the Project have been analyzed in an IS/MND. The
IS/MND determined that potential impacts would all be less than
significant with the necessary mitigation incorporated. Therefore, the
proposed subdivision is not anticipated to create conditions materially
detrimental to the public health, safety and general welfare or injurious to
or incompatible with other properties or land uses in the project vicinity.
Finding 6 - The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible.
The Project will be designed with passive or natural heating opportunities
such as solar amenities. The Project will be consistent with the
development code and the requirements of California Code of
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March 13, 2024
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 TPM proposes to subdivide the project area into three lots for
condominium purposes to support 61 residential units. The subdivision
makes provisions for all existing and future easements for all utilities and
public use purposes.
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.
Section 2: The City of Menifee Planning Commission hereby makes the following
findings for PP No. PLN23-0026, in accordance with Title 9, Article 2, Chapter
9.80.070(B) — Plot Plan, Findings for Approval:
Finding 1 - The proposed design and location of the Plot Plan is consistent with the
adopted General Plan and any applicable specific plan.
The Project site is designated as 5.1-8 du/ac according to the City of
Menifee General Plan. The intent of this designation is to create "Single -
Family attached and detached residences" with a density range between
5 and 8 du/ac. The Project includes 61 detached units on approximately
7.65 net acres (8.03 gross acres) for a density of approximately 7.97
residential units per acre. The Project is consistent with the 5.1-8R Land
Use designation, because the Project will provide a residential use within
the established density range.
In addition, the Project is consistent with the following City of Menifee
General Plan policies:
• LU-1.1: Concentrate growth in strategic locations to help preserve
rural areas, create place and identity, provide infrastructure efficiently,
and foster the use of transit options.
The proposed Project is located on the southwest corner of Chambers
Ave and Murrieta Road, both of which are designated as Secondary
Roadways per the General Plan Circulation Element. The location is
well suited for the proposed development and the location helps
concentrate activity and development near the major transit corridors
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Di Capri Residential - TPM
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of the city as opposed to the rural areas or traveling through
residential areas.
• CD-3.12: Utilize differing but complementary forms of architectural
styles and designs that incorporate representative characteristics of a
given area.
The building is designed to meet the City of Menifee Design
Guidelines such as building form, roof form, massing and articulation,
materials and colors, windows, door and entries. The project includes
three architectural elevations (Craftsman, Farmhouse and Spanish)
and four unique floor plans ranging in size.
• CD-3.13: Utilize architectural design features (e.g., windows, columns,
offset roof planes, etc.) to vertically and horizontally articulate
elevations in the front and rear of residential buildings.
The buildings for the Project utilize a variety of design features that
are appropriate for each architectural style. This includes, but is not
limited to, varying roof treatments and styles, variations on veneer,
mullions and window treatments, and distinctive architectural finishes
such as clay pipes and shutters. The proposed architectural styles
contain balanced four-sided architecture, yet the proposed layout of
the elevation types was under careful consideration.
Finding 2 - The proposed project meets all applicable standards for development and
provisions of this title.
The Project site is zoned LMDR. The intent of the LMDR designation
(consistent with the Land Use designation) is to create "Single -Family
attached and detached residences" with a density range between 5 and 8
du/ac. The Project meets all the Development Code standards of Title 9,
including but not limited to, parking requirements, setbacks/land use
buffering, landscape coverage, floor area ratio (FAR) and height
requirements of the LMDR zone. Moreover, the Project was reviewed
against and found consistent with the Citywide Design Guidelines.
Therefore, the proposed design and location of the Project meets all
applicable standards of development and operation of the City's Zoning
Code, including any applicable specific use regulations.
Finding 3 - The establishment, maintenance, or operation of the proposed project will
not be detrimental to the health, safety, or general welfare of persons
residing or working in the neighborhood of such use or to the general
welfare of the City.
The Project is compatible with the surrounding land uses, General Plan
land use designations, and zoning classifications and is adequately sized,
shaped, designed and located to accommodate the proposed uses. As
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Di Capri Residential - TPM
March 13, 2024
noted above in Sections 1 and 2, the Project includes uses that are
compatible and serve surrounding residents and future businesses.
The Project has been reviewed by a variety of Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Community Development, Engineering and Public Works, Office
of the Fire Marshal, and Riverside County Environmental Health. These
Departments have also provided conditions of approval as appropriate to
ensure compliance with applicable regulations.
The Project incorporates quality architecture and landscaping which will
enhance the area. Environmental impacts resulting from the project have
been analyzed in an MND. The MND determined that potential impacts,
would all be less than significant. Therefore, the Project is not anticipated
to create conditions materially detrimental to the public health, safety and
general welfare or injurious to or incompatible with other properties or
land uses in the project vicinity.
Section 3: Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of CEQA.
The City of Menifee Community Development Department has
determined the above Project will not have a significant effect on the
environment with incorporation of mitigation measures and standard
conditions of approval and has recommended adoption of the IS/MND.
Biological reports were conducted to determine sensitive plant and animal
species onsite and applicable mitigation measures included in the MND
were included for their protection. The MND also includes additional
reports to determine consistency with the Western Riverside County
Multiple Species Habitat Conservation Plan (WR-MSHCP) such as
riparian/riverine areas, vernal pools, narrow endemic plant species,
burrowing owl, and fairy shrimp.
The WR-MSHCP does not identify any covered or special -status fish
species as potentially occurring on the Project site. Further, no fish or
hydrogeomorphic features (e.g., perennial creeks, ponds, lakes,
reservoirs) that would provide suitable habitat for fish were observed on
or within the vicinity of the Project site. Therefore, no fish are expected to
occur and are presumed absent from the Project site. In addition, the
MND discusses amphibians, reptiles, birds, mammals, and invertebrates.
Any significant impacts associated with biological resources have been
mitigated to less than significant. In addition, standard conditions of
approval pertaining to burrowing owl, nesting birds, Stephen's Kangaroo
Rat and cultural resources still apply in this case and shall be addressed
as part of standard monitoring in the conditions of approval. As such, the
subdivision will not cause environmental damage or injure fish, wildlife, or
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Di Capri Residential - TPM
March 13, 2024
their habitat. Furthermore, jurisdictional permits were obtained by the
project applicant from the appropriate wildlife agencies.
NOW THEREFORE, the Planning Commission of the City of Menifee hereby approves
the following:
1. That the Planning Commission determine that the "Findings" set out above are
true and correct.
2. That the Planning Commission determine the IS/MND and MMRP has been
completed for the Project in accordance with CEQA, State and local CEQA
guidelines.
3. That the Planning Commission, pursuant to a separate resolution, finds that the
facts presented within the public record provide the basis to approve the IS/MND
which has been completed for the Project.
4. That the Planning Commission finds that the facts presented within the public
record and within the resolution provide the basis to approve TPM No. 38674
(PLN23-0025) and PP No. PLN23-0026 and that the Planning Commission
approve said entitlements.
5. The documents and materials that constitute the record of proceedings on which
this resolution has been based are located at the Community Development
Department — Planning Division, 29844 Haun Road, Menifee, CA 92586. This
information is provided in compliance with Public Resources Code section
21081.6.
PASSED, APPROVED AND ADOPTED this 13th day of March, 2024.
Atte
C)
a el alencia, Administr ive Assistant
Approved as to form:
Thai Phan, Assistant City Attorney
LaDue, Chairman
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EXHIBIT 661"
CONDITIONS OF APPROVAL
Planning Application: DEV2023-002 - Di Capri Residential Tentative Parcel Map
No. PLN23-0025 (TPM38674) and Plot Plan No. PLN23-
0026
Project Description: TPM No. PLN23-0025 and PP No. PLN23-0026 proposes to
subdivide an existing 7.65-net acre vacant lot into three (3)
parcels for condominium purposes for the development of 61
detached single-family units along with 3 common areas and
a retention basin. The project proposes a density of 7.97
du/ac. The project includes three (3) architectural elevations
(Craftsman, Farmhouse and Spanish) and four (4) unique
two-story floor plans that range in habitable area from 1,766
square feet to 2,022 square feet. The project includes
approximately 147,141 square feet of irrigated landscaped
area.
The project site is located north of McCall Blvd, south of
Chambers Ave, east of Valley Blvd and west of Murrieta Rd .
Assessor's Parcel No.: 335-080-008
MSHCP Category: Residential (0-8 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: March 13, 2024
Expiration Date: March 13, 2027
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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 Nine Hundred Sixty -Six Dollars and Seventy -Five Cents
($2,966.75) which includes the Two Thousand Nine Hundred Sixteen Dollars and
Seventy -Five Cents ($2,916.75) fee, required by Fish and Wildlife Code Section
711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to
file the Notice of Determination 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.
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Section I: Conditions Applicable to All
Departments
Section II: Community Development Department
Conditions of Approval
Section III: Engineering/Public Works Department
Conditions of Approval
Section IV: Building & Safety Conditions of Approval
Section V: Fire Department Conditions of Approval
Section VI: Riverside County Environmental Health
Conditions of Approval
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Section Conditions Applicable to
I: All Departments
Page 4 of 76
General Conditions
3. Exhibits. The project shall be constructed as approved by the Planning Commission on
March 13, 2024, and as shown in Attachment No. 1 in the accompanying staff report. Any
subsequent changes shall be processed per Menifee Municipal Code Section 9.30.120
Modifications to Previously Approved Permits.
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. Comply with All Conditions. The applicant/developer shall comply with all terms and
conditions of PP PLN23-0026 and TPM No. PLN23-0025 (TPM38674).
6. Revocation. In the event the use hereby permitted under this permit, a) is found to be in
violation of the terms and conditions of this permit, b) is found to have been obtained by
fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or
general welfare, or is a public nuisance, this permit shall be subject to the revocation
procedures.
7. Mitigation Monitoring and Reporting Program. The developer shall comply with the
mitigation monitoring and reporting program ("MMRP") which is incorporated by reference
as part of these conditions of approval.
8. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
9. 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.
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Section II: Community Development
Department -
Conditions of Approval
Page 6 of 76
10. 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.
11. Development Impact Fees. The applicant shall pay all applicable development impact
fees including but not limited to Development Impact Fee (DIF), Multi -Species Habitat
Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen's Kangaroo Rat (KRAT),
School Fees, Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit
District (RBBD), and Area Drainage Plan (ADP).
12. Property Maintenance. All parkways, including within the right-of-way, entryway median,
landscaping, walls, fencing, recreational facilities, and on -site lighting shall be maintained
by the property owner or maintenance association.
13. 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.
14. 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.
15. Signs. This approval does not include the approval of any subdivision signage including
freestanding monument or wall signage; a separate Planning application is required. All
signs shall be consistent with the City of Menifee Municipal Code. All signage shall be
reviewed and approved by the Community Development Department, Engineering
Department and Building and Safety Department prior to the installation and/or
construction.
16. 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.
17. Colors and Materials. Building colors and materials shall be in substantial conformance
with those shown on APPROVED EXHIBITS.
18. 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.
ARCHEO/PALEO
19. Human Remains. If human remains are encountered, State Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the Riverside County
Coroner has made the necessary findings as to origin. Further, pursuant to Public
Resource Code Section 5097.98(b) remains shall be left in place and free from
disturbance until a final decision as to the treatment and disposition has been made. If the
Riverside County Coroner determines the remains to be Native American, the Native
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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.
20. Non -Disclosure of Location Reburials. It is understood by all parties that unless
otherwise required by law, the site of any reburial of Native American human remains or
associated grave goods shall not be disclosed and shall not be governed by public
disclosure requirements of the California Public Records Act. The Coroner, pursuant to
the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead
Agencies, will be asked to withhold public disclosure information related to such reburial,
pursuant to the specific exemption set forth in California Government Code 6254 (r).
21. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural
resources are discovered that were not assessed by the archaeological report(s) and/or
environmental assessment conducted prior to project approval, the following procedures
shall be followed. Unique cultural resources are defined, for this condition only, as being
multiple artifacts in close association with each other, but may include fewer artifacts if the
area of the find is determined to be of significance due to its sacred or cultural importance
as determined in consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between 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
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Development Director shall be appealable to the City Planning Commission and/or
City Council."
22. 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.
ii. Reburial of the resources on the Project property. The measures for reburial shall
include, at least, the following: Measures and provisions to protect the future
reburial area from any future impacts in perpetuity. Reburial shall not occur until
all legally required cataloging and basic recordation have been completed, with
an exception that sacred items, burial goods and Native American human remains
are excluded. Any reburial process shall be culturally appropriate. Listing of
contents and location of the reburial shall be included in the confidential Phase IV
report. The Phase IV Report shall be filed with the City under a confidential cover
and not subject to Public Records Request.
iii. If preservation in place or reburial is not feasible then the resources shall be
curated in a culturally appropriate manner at a Riverside County curation facility
that meets State Resources Department Office of Historic Preservation
Guidelines for the Curation of Archaeological Resources ensuring access and use
pursuant to the Guidelines. The collection and associated records shall be
transferred, including title, and are to be accompanied by payment of the fees
necessary for permanent curation. Evidence of curation in the form of a letter from
the curation facility stating that subject archaeological materials have been
received and that all fees have been paid, shall be provided by the landowner to
the City. There shall be no destructive or invasive testing on sacred items, burial
goods and Native American human remains. Results concerning finds of any
inadvertent discoveries shall be included in the Phase IV monitoring report.
23. 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
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previously undisturbed strata will be buried but not otherwise disturbed will not be
monitored. The supervising paleontologist will have the authority to reduce
monitoring once he/she determines the probability of encountering any additional
fossils has dropped below an acceptable level.
v. If fossil remains are encountered by earthmoving activities when the
paleontologist is not onsite, these activities will be diverted around the fossil site
and the paleontologist called to the site immediately to recover the remains.
vi. Any recovered fossil remains will be prepared to the point of identification and
identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials with
completed specimen data cards) and catalogued, an associated specimen data
and corresponding geologic and geographic site data will be archived (specimen
and site numbers and corresponding data entered into appropriate museum
repository catalogs and computerized data bases) at the museum repository by
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
24. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition
so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim
landscaping or provided with other wind and water erosion control measures as approved
by the Community Development Department and the South Coast Air Quality
Management District (SCAQMD).
25. 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.
26. 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.
27. Maintenance of Landscaping. All private landscaping shall be maintained by a property
owners association, individual property owner, or as otherwise established by CC&Rs. All
landscaping, and similar improvements not properly maintained by a property owners
association or individual property owners must be annexed into a Lighting and Landscape
District, or other mechanism as determined by the City of Menifee.
28. Crime Prevention through Environmental Design Guidelines. All plants, landscaping
and foliage shall fall within current CPTED (Crime Prevention through Environmental
Design) guidelines.
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29. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape
watering purposes when secondary or reclaimed water is made available to the site as
required by the Eastern Municipal Water District.
FEES
30. 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
31. 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.
32. Final Map Required. After the approval of the TENTATIVE PARCEL MAP and prior to
the expiration of said tentative map, the land divider shall cause the real property included
within the TENTATIVE PARCEL 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 PARCEL MAP, and in
accordance with Menifee Municipal Code.
33. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or
registered civil engineer.
34. 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/numbered lot on the
FINAL MAP.
c. All existing and proposed easements shall be identified on the FINAL MAP.
35. 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_.
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36. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be
placed on the ECS:
"This property is subject to lighting restrictions as required by Menifee Municipal Code
Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night
lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall
be in conformance with Menifee Municipal Code Chapter 6."
37. 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."
38. Fee Balance. Prior to FINAL MAP recordation, the Community Development Department
shall determine if the deposit -based fees for the TENTATIVE PARCEL 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.
39. Maintenance Exhibit. Prior to FINAL 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)
40. 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 EXHIBITS) and the conditions of approval.
41. 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.
42. 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".
The following two (2) conditions shall be verbatim on all grading plan submittals.
43. AQMD Rule 402. The project developer shall implement the following measures to reduce
the emissions of pollutants generated by heavy-duty diesel -powered equipment operating
at the project site throughout the project construction phases. The project developer shall
include in construction contracts the control measures as may be required under Rule
402, at the time of development, including the following:
a. Keep all construction equipment in proper tune in accordance with manufacturer's
specifications.
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b. Use late model heavy-duty diesel -powered equipment at the project site to the extent
that it is readily available in the South Coast Air Basin (meaning that it does not have
to be imported from another air basin and that the procurement of the equipment would
not cause a delay in construction activities of more than two weeks).
c. Use low -emission diesel fuel for all heavy-duty diesel -powered equipment operating
and refueling at the project site to the extent that it is readily available and cost
effective in the South Coast Air Basin (meaning that it does not have to be imported
from another air basin, that the procurement of the equipment would not cause a delay
in construction activities of more than two weeks, that the cost of the equipment use
is not more than 20 percent greater than the cost of standard equipment (This
measure does not apply to diesel -powered trucks traveling to and from the site).
d. Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid
petroleum gas), if equipment is readily available and cost effective in the South Coast
Air Basin (meaning that it does not have to be imported from another air basin, that
the procurement of the equipment would not cause a delay in construction activities
of more than two weeks, that the cost of the equipment use is not more than 20 percent
greater than the cost of standard equipment).
e. Limit truck and equipment idling time to five minutes or less.
f. Rely on the electricity infrastructure surrounding the construction sites rather than
electrical generators powered by internal combustion engines to the extent feasible.
g. General contractors shall maintain and operate construction equipment so as to
minimize exhaust emissions.
44. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in
accordance with Southern California Air Quality Management District (SCAQMD) Rule
403. The permittee shall include in construction contracts the control measures required
under Rule 403 at the time of development, including the following:
a. Use watering to control dust generation during demolition of structures or break-
up of pavement. The construction area and vicinity (500-foot radius) must be swept
(preferably with water sweepers) and watered at least twice daily. Site wetting must
occur often enough to maintain a 10 percent surface soil moisture content throughout
all earth moving activities. All unpaved demolition and construction areas shall be
wetted at least twice daily during excavation and construction, and temporary dust
covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403.
Wetting could reduce fugitive dust by as much as 50%.
b. Water active grading/excavation sites and unpaved surfaces at least three times
daily;
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;
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g. Cover stockpiles with tarps or apply non -toxic chemical soil binders;
h. All haul trucks hauling soil, sand and other loose materials must either be covered
or maintain two feet of freeboard;
i. All inactive disturbed surface areas must be watered on a daily basis when there
is evidence of wind drive fugitive dust;
j. Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds exceed 25
mph;
I. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute period or more, so as to prevent
excessive amounts of dust;
m. All haul trucks must have a capacity of no less than twelve and three-quarter
(12.75) cubic yards;
n. All loads shall be secured by trimming, watering or other appropriate means to
prevent spillage and dust;
o. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
p. Provide daily clean-up of mud and dirt carried onto paved streets from the site;
q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site;
r. All materials transported off -site shall be either sufficiently watered or securely
covered to prevent excessive amount of dust;
s. Operations on any unpaved surfaces must be suspended during first and second
stage smog alerts; and,
t. An information sign shall be posted at the entrance to each construction site that
identifies the permitted construction hours and provides a 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.
45. 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.
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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;
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.
46. 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.
47. 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.
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
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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 andidentified
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 beaccessioned
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.
48. Pre -construction Burrowing Owl Survey. Pursuant to Objective 6 and Objective 7 of
the Species Account for the Burrowing Owl included in the Western Riverside County
Multiple Species Habitat Conservation Plan, within thirty (30) days prior to the issuance
of a grading permit, a pre -construction presence/absence survey for the burrowing owl
shall be conducted by a qualified biologist and the results of this presence/absence survey
shall be provided in writing to the City of Menifee Community Development Department.
If it is determined that the project site is occupied by the Burrowing Owl, take of "active"
nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act.
However, when the Burrowing Owl is present, relocation outside of the nesting season
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(March 1 through August 31) by a qualified biologist shall be required. The City shall be
consulted to determine appropriate type of relocation (active or passive) and translocation
sites. Occupation of this species on the project site may result in the need to revise
grading plans so that take of "active" nests is avoided or alternatively, a grading permit
may be issued once the species has been actively relocated.
If the grading permit is not obtained within thirty (30) days of the survey a new survey shall
be required.
No ground disturbance, including disking, blading, grubbing or any similar activity (except
for agricultural production on -site which has been a historic and on -going use of the
property) shall occur within the site until the burrowing owl study is reviewed and approved.
49. Nesting Bird Survey. If grading is to occur during the nesting season (February 1 —
August 31), a nesting bird survey shall be conducted within ten (10) days prior to grading
permit issuance. This survey shall be conducted by a qualified biologist holding a
Memorandum of Understanding (MOU) with Riverside County. The findings shall be
submitted to the City of Menifee Community Development Department for review and
approval.
50. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on -site
during all ground -disturbing activities which are below the depths of the previous mass
grading. The land divider/permit holder shall retain a qualified tribal monitor(s) from the
Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer
shall submit a copy of a signed contract between the above -mentioned Tribe and the land
divider/permit holder for the monitoring of the project to the Community Development
Department and to the Engineering Department. The Native American Monitor(s) shall
have the authority to temporarily divert, redirect or halt the ground -disturbance activities
to allow recovery of cultural resources, in coordination with the Project Archaeologist.
The Developer shall relinquish ownership of all cultural resources, including all
archaeological artifacts that are of Native American origin, found in the project area for
proper treatment and disposition to a curational facility that meets or exceeds Federal
Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible
for all curation costs.
51. 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 landdivider/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.
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FEES
52. 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 8.03-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.
53. Fees. Prior to the issuance of grading permits for the Project the Community Development
Department shall determine the status of the deposit -based fees. If the fees are in a
negative status, the permit holder shall pay the outstanding balance.
PRIOR TO ISSUANCE OF BUILDING PERMIT
54. 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.
55. 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.
56. 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 Buildingand
Safety - Plan Check Division. Said plans shall be in conformance with the approved
DESIGN GUIDELINES.
1) Plans shall be designed to the provisions of the 2022 (or current) edition of the
California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes.
2) Five (5) sets of plan drawings shall be submitted along with three (3) copies of
structural and Title 24 Energy documentation.
3) Two (2) sets of precise grading plans shall be submitted at time of building plan
review submittal. Showing all disabled access paths of travel, cross and directional
slope percentages, site accessibility features and details.
4) All exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, "Dark
Sky Ordinance".
57. 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.
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58. 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.
59. Lighting. Prior to the issuance of building permits, all outdoor lighting shall be shown on
electrical plans submitted to the Department of Building and Safety for Plan Check approval
and shall comply with the requirements of the City of Menifee Municipal Code Chapter 6.01.
MINOR PLANS REQUIRED
60. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a
Landscaping and Irrigation Plan to the Community Development Department for review
and approval. Said plan shall be submitted to the Department in the form of a plot plan
application pursuant to the Menifee Municipal Code, along with the current fee. The plan
shall be in compliance with the Conceptual Landscaping Plan, the Menifee Municipal Code
and the TENTATIVE MAP conditions of approval.
The plan shall address all areas and conditions of the project requiring landscaping and
irrigation to be installed including, but not limited to, front yard landscaping, slope planting,
common area and/or basin landscaping within Open Space Lots and any CFD-maintained
landscaping. Emphasis shall be placed on using plant species that are drought tolerant and
low water using.
The plans shall provide for the following:
1) Permanent automatic irrigation systems shall be installed on all landscaped areas
requiring irrigation.
2) All utility service areas and enclosures shall be screened from view with landscaping
and decorative barriers or baffle treatments, as approved by the Community
Development Department. Utilities shall be placed underground.
3) Any required landscape screening shall be designed to be opaque up to a minimum
height of four (4) feet at maturity.
4) Parkways and landscaped building setbacks shall be landscaped to provide visual
screening or a transition into the primary use area of the site. Landscape elements
shall include earth berming, ground cover, shrubs, and specimen trees in conjunction
with meandering sidewalks, benches, and other pedestrian amenities where
appropriate as approved by the Community Development Department.
5) Landscaping plans shall incorporate the use of specimen accent trees at key visual
focal points within the project.
6) Landscaping plans shall incorporate native and drought tolerant plants where
appropriate.
7) Turf shall be eliminated in areas unless provided for active uses.
8) All basins for drainage and/or water quality shall be screened from view with
landscaping.
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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.
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.
61. 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.
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.
62. Entry Monument Plans. The land divider/permit holder shall submit a plot plan application
for Entry Monument Signs to the Community Development Department for review and
approval. Said plan shall be submitted to the Department in the form of a plot plan
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application pursuant to Menifee Municipal Code, along with the current fee. The plan shall
be in compliance with the approved exhibits and the conditions of approval.
The plot plan shall contain the following elements:
1. A color rendering of a frontal view of all/the entry monument(s) with landscaping.
2. The plan shall include dimensions of the sign and lettering, call outs of materials and
plotting of the sign, including setbacks.
3. Entry monument shall be setback a minimum of 3-feet from drive aisle and ROW.
4. The entry monument plan may be combined with the on -site landscape plan.
63. 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.
A. A typical frontal view of all fences shall be shown on the fencing plan.
B. All utility service areas and enclosures shall be screened from view with landscaping
or decorative barriers or baffle treatments, as approved by the Community
Development Department.
C. Front yard return walls shall be constructed of masonry slump stone or material of
similar appearance, maintenance, and structural durability) and shall be a minimum of
five feet in height.
D. Side yard gates are required on one side of the home and shall be constructed of vinyl.
Chain -link fencing is not permitted. All construction must be of good quality and
sufficient durability with an approved stain and/or sealant to minimize water staining.
(Applicants shall provide specifications that shall be approved by the Community
Development Department).
E. All lots having rear and/or side yards facing local streets or otherwise open to public
view shall have fences or walls constructed of decorative block.
F. Corner lots shall be constructed with wrap -around decorative block wall returns.
G. Wrought iron or tubular steel fence sections may be included within tracts where view
opportunities and/or terrain warrant its use. Where privacy of views is not an issue,
tubular steel or wrought iron sections should be constructed in perimeter walls to take
advantage of casual view opportunities.
H. The plan shall show the location of all retaining walls. Retaining walls shall be
constructed with decorative block and a masonry cap as shown in the conceptual wall
plans.
LANDSCAPING
64. 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.
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65. 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).
66. WQMP Treatment Devices. All WQMP treatment devices including design details shall
be shown on the construction landscape plans. If revisions are made to the WQMP design
that result in any changes to the conceptual landscape plans after entitlement, the revisions
will be shown on the construction landscape plans, subject to the approval of the
Community Development Director.
67. 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
68. 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.
69. Quimby Fees. Payment of in -lieu fees. The proposed subdivision will fulfill Quimby
obligations through the payment of in -lieu fees, however, may receive partial credit for
private amenities as determined by City Manager or his/her designee. Prior to the issuance
of a building permit, the City Manager or his/her designee shall determine the amount of
Quimby Fees to be paid by the subdivider. Quimby fees shall be paid directly to the city
prior to the issuance of the first certificate of occupancy of any dwelling unit in the
subdivision. Contact the Community Services Department for assistance in calculating the
required fee.
70. Open Space Fee (MSHCP). Prior to the issuance of a building permit, the applicant shall
comply with the provisions of City of Menifee Municipal Code Chapter 8.27 (hereinafter
Chapter 8.27), which requires the payment of the appropriate fee set forth in the Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the Ordinance and
the aforementioned Condition of Approval.
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.
71. Menifee Union School District. Impacts to the Menifee Union School District shall be
mitigated in accordance with California State law.
72. Perris Union High School District. Impacts to the Perris Union High School District shall
be mitigated in accordance with California State law.
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PRIOR TO FINAL INSPECTION
73. Mitigation Monitoring. The permittee shall prepare and submit a written report to the
Community Development Director or review and approval demonstrating compliance with
the standard conditions of approval and mitigation measures identified in the Initial
Study/Mitigated Negative Declaration (IS/MND) for this project which must be satisfied prior
to final inspection. The Community Development Director may require inspection or other
monitoring to ensure such compliance.
74. 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.
75. 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 Departmentshall 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.
76. 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.
77. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be
installed in accordance with the approved entry monument plans. The conditions of
approval for the entry monument plot plan may provide for more specific timing based on
construction phasing and/or map phasing.
78. 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.
79. Lighting. Exterior lighting shall be consistent with the approved lighting plans.
80. 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.
81. Decorative Driveways. The land divider/permit holder shall cause all driveways to be
constructed of decorative concrete and be in substantial conformance with the APPROVED
EXHIBITS.
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82. Roll Up Garage Doors. All residences shall have automatic roll -up garage doors
83. 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.
84. 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
85. 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 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?"
86. 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.
87. 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.
88. 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
89. 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 76
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.
90. 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.
91. 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.
92. 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.
93. Open Space Landscape —Areal (Chambers Ave Park). Prior to occupancy of the 15,n
unit (25% of all units) or adjacent residential units, whichever occurs first, as shown on
APPROVED EXHIBIT A, the Chambers Ave Park, including all proposed amenities along
with the landscaping and irrigation, shall be installed, inspected, and approved to the
satisfaction of the City.
94. Open Space Landscape — Area 2 (Dog Park). Prior to occupancy of the 30th unit (50%
of all units) or adjacent residential units, whichever occurs first, as shown on APPROVED
EXHIBIT A, the Dog Park, including all proposed amenities along with the landscaping and
irrigation, shall be installed, inspected, and approved to the satisfaction of the City.
95. Open Space Landscape — Area 3 (Murrieta Rd Park). Prior to occupancy of the 45tn
unit (75% of all units) or adjacent residential units, whichever occurs first, as shown on
APPROVED EXHIBIT A, the Murrieta Rd Park, including all proposed amenities along with
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the landscaping and irrigation, shall be installed, inspected, and approved to the
satisfaction of the City.
96.Open Space Landscape. All landscaping and irrigation in open space areas not
specifically mentioned elsewhere within these Conditions of Approval, shall be installed
and inspected prior to issuance of occupancy for adjacent residential units.
Page 26 of 76
Section III -A:
Engineerinq/Public Works
Department
Conditions of Approval
(Project Specific)
Page 27 of 76
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 Parcel Map 38674 Di Capri Development is a 61-unit residential subdivision for
condominium purposes. 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 parcel 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 parcel map and these
conditions, these conditions will supersede what is shown on the tentative parcel map and any
attachments to the tentative parcel map, including the site plan and other plans or exhibits. All
questions regarding the true meaning of these conditions shall be referred to the Public Works /
Engineering Department. Engineering Design exceptions to City design standards and policies must
be specifically requested in writing and approved by City Engineer/PW Director. Any design
exceptions shown on the tentative map and associated engineering documents that are not
specifically requested shall be redesigned to meet city standards.
Drainage Study — The following report was reviewed and approved by the City:
a. Hydrology Report for Di Capri 22241 Chambers Ave Menifee, CA 92586, prepared by Waber
Consultants, Inc., dated December 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.
2. 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, Di Capri, 22241 Chambers Ave,
Menifee CA 92586, prepared by Waber Consultants, Inc., dated December 28, 2022, revised
December 4, 2023.
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
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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.
3. Geotechnical Report — The following documentation was reviewed and approved by the City
Preliminary Geotechnical engineering Report Proposed Single Family Residences Development
APN 335-080-008, City of Menifee California Project No. 22270, prepared by NTS Geotechnical,
dated August 8, 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 final 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.
4. 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:
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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.
5. Traffic Study Report— The following report was reviewed and approved by the City.
Menifee Di Capri Residential Traffic Impact Analysis Project No. 19657, prepared by Ganddini
Group, Inc., dated December 13, 2023.
The Public Works Department — Traffic Engineering Division has reviewed the Traffic Study and
has generally concurred with its findings. The developer/property owner shall be responsible for
all improvements and mitigations, required or identified in the approved traffic study and
according to these Conditions of Approval, such as but not limited to right-of-way frontage
improvements, traffic signal construction or modification, and fair share fees. All required
improvements and mitigation measures identified in the study shall be included in all
improvement plans for review and approval by the Public Works Department. Improvements
identified in the Traffic Study are the absolute minimums recommend by the consultant traffic
engineer. The City Engineer/PW Director may require traffic or street improvements beyond
those identified in said study to address public safety and welfare, or to construct improvements
eligible for DIF credits or reimbursement that front the project, as determined by the Public Works
Director / City Engineer.
6. Reconstruction or Resurfacing of Frontage Roads — Per City Subdivision ordinance, projects
are required to improve frontage streets to the ultimate half -width, plus 12 feet, with pavement
structural sections meeting current city standards. The Public Works Director / City Engineer may
consider reconstruction or resurfacing of Frontage Roads 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.
7. Signing and Striping — A signing and striping plan for Thornton Road and Esther Lane is
required for this project along the project frontage and off -site transitions to existing striping. The
applicant shall be responsible for any additional paving and/or striping removal caused by the
striping plan. The Signing and Striping Plan shall be approved by the City Engineer in accordance
with City ordinances, standards, and specifications, and with the latest edition of the CAMUTCD.
8. Construction of Street and Wet Utility Improvements — The developer / property owner shall
design and construct the following improvements:
A. In -Tract Improvements - Construct all streets, 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.
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a. Entry Roads — The project proposes at parcel entrances private drives consistent with the
City of Menifee Standard No. 124 (60' ROW, 40' Curb to Curb Width). These roadways
shall be kept free of parking, and maintained by the Property Owner / HOA
b. Internal Drive- The project proposes an East/West Private Road terminating with cul-de-
sac's at each end. The private road shall be constructed consistent with the city of Menifee
Standard No. 124 (48' ROW, 28' Curb to Curb Width). Cul-de-sacs shall be built consistent
with Riverside County Standard No. 800. These roadways shall be kept free of parking,
except where indicated on the tentative map, and maintained by the Property Owner / HOA.
c. Private Lanes- Proposed dwelling units are connected to the internal drive via twelve
private lanes. These drives were analyzed to insure adequate circulation for vehicles
ingress and egress for the units, and should match proposed widths, curve radii, turning
movements etc. shown on the entitled tentative map and site plans.
B. Chambers Avenue Frontage Improvements —The developer / property owner shall construct
Chambers Avenue to its ultimate half -width plus 12 feet per City Standards along its entire
project frontage as determined by the City Engineer. Chambers Avenue is classified as a
Secondary Roadway per the City's Circulation Element (Four Lanes, Undivided. Reference
City Standard No. 111), including Community On -Street NEV/Bike Lanes (Class II) in
accordance with the City of Menifee General Plan Circulation Element.
C. Murrieta Road Frontage Improvements — The developer / property owner shall construct
Murrieta Road to its ultimate half -width plus 12 feet per City Standards along its entire project
frontage as determined by the City Engineer. Murrieta Road is classified as a Secondary
Roadway per the city's circulation element (Four Lanes, Undivided. Reference City Standard
no. 111) including community on -street NEV/Bike Lanes (Class II) in accordance with the
City of Menifee General Plan Circulation Element.
The required improvements shall include the construction of appropriate pavement transitions
from the new improvements to existing improvements beyond the project frontage. The design
of the transitions shall be in accordance with the CA Highway Design Manual, finalized during
review of final construction drawings, and approved by the Public Works Director / City Engineer.
9. Landscaping on Frontage Roads - The parkway areas within the public right-of-way or landscape
easements fronting the entire property along frontage roads, shall be landscaped and irrigated
per City standards and guidelines. These areas shall be maintained by the CFD or HOA.
10. Offsite Grading Work - Prior to any grading permit issuance, any necessary offsite grading
easements must be recorded and noted on the grading plans.
11. Murrieta Road Inlets — The site currently drains to existing inlets at the southwest corner Murrieta
Road and Chambers Intersection. Overflow from project site shall be mitigated to the 100-year
peak flow prior to connecting to the existing storm drain system.
12. Offsite Treatment — In consistency with the city MS4 permit, project shall provide treatment for
new impervious from offsite improvements along Chambers Avenue and Murrieta Road. This
shall be shown and implemented in the site final project specific WQMP.
Page 31 of 76
Section III-B:
Engineering/Public Works
Department
Conditions of Approval
(Standard Policies & Procedures)
Page 32 of 76
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.
2. 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.
3. 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.
4. Subdivision Map Act — The developer / property owner shall comply with the State of
California Subdivision Map Act and all other laws, oridnances, and regulations pertaining to
the subdivision of land.
5. 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.
6. 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.
7. 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.
8. Bond Replacement, Reduction, and Releases - All requests for bond replacements (such
as in changes of property ownerships), reductions (such as in partial completion of
improvements), releases (such as in completion of improvements), shall conform to City
policies, standards, and applicable City ordinances. It shall be the responsibility of the
developer / property owner to notify the City in time when any of these bond changes are
necessary. The City shall review all changes in Bond Agreements and the accompanying
bonds or security.
9. 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.
10. 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.
11. 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
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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 Abf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with
the latest version shall only be accepted if approved by the Public Works Director / City
Engineer. GIS and ACAD files 2004 or later are required for all final maps upon approval.
12. 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.
13. 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.
14. 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, and prior to Acceptance of improvements and Performance security/bond
release.
15. 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:
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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 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.
16. 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.
17. 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.
18. Regulations and Ordinance on Grading Within the City — In addition to compliance with
City Chapter 8.26, grading activities shall also conform to the latest edition of the California
Building Code, City General Plan, other City Ordinances, City design standards and
specifications and all other relevant laws, rules and regulations governing grading in the City
of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances,
the applicant shall obtain a grading permit from the Public Works / Engineering Department.
Grading activities that are exempt from a grading permit as outlined by the City ordinance
may still require a grading permit by the Public Works Director / City Engineer when deemed
necessary to prevent the potential for adverse impacts upon drainage, sensitive
environmental features, or to protect property, health safety, and welfare.
19. 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.
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20. 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.
21. Slope Setbacks — Observe slope setbacks from buildings and property lines per the
California Building Code and City ordinance on grading.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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
NPDES municipal permit in force, and City standards and specifications.
27. 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 the maximum slope for any parking area. Where ADA requirement
applies, ADA requirement shall prevail.
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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.
28. Drainage Grade - Minimum drainage design grade shall be 1.5% except on Portland cement
concrete surfaces where 0.50% shall be the minimum for concentrated flow conveyance
(ribbon gutters and . The engineer of record must submit a variance request for design grades
less than 1 % with a justification for a lesser grade.
29. Finish Grade — Shall be sloped to provide proper drainage away from all exterior foundation
walls in accordance with City of Menifee Standard Plan 300.
30. Use of Maximum and Minimum ADA 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.
31. 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.
32. 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.
33. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open
areas with potential for large, floatable debris.
34. 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.
35. 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.
36. 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 Munnicipal permit governing design, WQMPs, and permanent BMPs.
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
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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.
37. 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.
38. 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.
39. 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.
40. 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.
41. Offsite Property and Right of Way — The developer / property owner shall be responsible for
acquiring any offsite real property interests that may be required in connection with the
development project. Prior to recordation of a final map, or the issuance of a grading permit,
whichever occurs first, the developer shall obtain all required ROW, easements and / or
permissions to perform offsite grading, from all affected landowners.
42. 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.
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For the 100-year event, an AMC II shall be used together with a constant loss rate.
Low Loss rates will be determined using the following:
i. Undeveloped Condition --> LOW LOSS = 90%
ii. Developed Condition --> LOW LOSS = .9 - (.8x%IMPERVIOUS)
iii. Basin Site --> LOW LOSS = 10%
Where possible and feasible the onsite flows should be mitigated before combining with
offsite flows to minimize the size of the detention facility required. If it is necessary to
combine offsite and onsite flows into a detention facility two separate conditions should
be evaluated for each duration/return period/before-after development combination
studied; the first for the total tributary area (offsite plus onsite), and the second for the
area to be developed alone (onsite). It must be clearly demonstrated that there is no
increase in peak flow rates under either condition (total tributary area or onsite alone),
for each of the return period/duration combinations required to be evaluated. A single
plot showing the pre -developed, post -developed and routed hydrographs for each storm
considered, shall be included with the submittal of the hydrology study.
No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may
be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets
less than 48" in diameter.
The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without
damage to the facility. Mitigation basins should be designed for joint use and be
incorporated into open space or park areas. Side slopes should be no steeper than 4: 1
and depths should be minimized where public access is uncontrolled.
Mitigation basins should be designed for joint use and m a y be incorporated into open
space or park areas. Side slopes should be not steeper than 4: 1 and depths should be
minimized where public access is uncontrolled.
A viable maintenance mechanism, acceptable to the City should be provided for any flood
control facilities to be owned and maintained by the City. Any facilities proposed to be owned
by the District, should be provided with a viable maintenance mechanism acceptable to the
City and the District. For the City this would be the citywide CFD. Facilities to remain private
shall be maintained by commercial property owners association or homeowners
associations.
43. 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.
44. 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.
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45. 100 Year Storm- The 100-year storm flow shall be contained within the street top of curb.
46. 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.
47. 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.
48. 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.
49. 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.
50. 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.
51.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.
52. 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.
53. Trash Racks — Trash Racks shall be installed at all inlet structures that collect runoff from
open areas with potential for large, floatable debris.
54. Perpetuate Drainage Patterns. The property's street and lot grading shall be designed in
a manner that perpetuates the existing natural drainage patterns with respect to tributary
drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be
obtained from the affected property owners for the release of concentrated or diverted storm
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flows. A copy of the recorded drainage easement shall be submitted to the City for review and
approval.
55. 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.
56. 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.
57. 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.
58. 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.
59. 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.
60. 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.
61. 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.
62. Final Rough Grading Conditions — Prior to issuance of each building permit, the
developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of
Record for the approved grading plans, to submit signed and wet stamped rough grade
certification and compaction test reports with 90% or better compaction. The certifications
shall use City approved forms and shall be submitted to the Public Works Engineering
Department for verification and acceptance.
63. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all
building pads and structure pads submitted for grading plan check approval shall be in
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substantial conformance with the elevations shown on approved grading plans. Compaction
test certification shall be in compliance with the approved project geotechnical/soils report.
64. 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.
65. 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.
66. 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.
67. 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 instrument, and shall be in a form acceptable to the city.
68. 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.
69. 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.
70. 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:
i. provide for the establishment of a property owner's association,
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ii. provide for the ownership of the common area by the property owner's
association,
iii. contain provisions approved by the Public Works / Engineering Department,
Community Development Department, and the City Attorney,
iv. Contain provisions with regards to the implementation of post development
Water Quality Best Management Practices identified in the project's approved
WQMP.
v. Contain provisions notifying initial occupants, or tenants of the project of their
receipt of educational materials on good housekeeping practices which
contribute to the protection of storm water quality. These educational materials
shall be distributed by the property owners' association and/or the developer.
vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that
are otherwise not maintained by responsible property 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.
71. Street Design Standards — Street improvements shall conform to all applicable City Design
Standards and Specifications, the City General Plan, Ordinances, and all other relevant laws,
rules and regulations governing street construction in the City.
72. 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.
73.Intersection Geometrics — All final intersection geometrics may be modified in final
engineering as approved by the Public Works Director / City Engineer.
74. 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 for local roads and one
hundred (100) foot tangent, measured from flow line / curb face or as approved by the Public
Works Director / City Engineer.
75. Street Improvements — Street improvements shall conform to all applicable City Design
Standards and Specifications, the City General Plan, and all other relevant laws, rules and
regulations governing street construction in the City.
76. Soils and Pavement Report - Street pavement structural designs shall comply with the
recommendations in the City approved project soils and pavement investigation report, and
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must meet minimum City standards and specifications, as approved by the Public Works
Director / City Engineer. R-Values shall be provided in said report and the Engineer of Record
shall provide pavement calculations to the City.
77. Driveways - Final driveway geometrics may be modified in final engineering as approved by
the Public Works Director / City Engineer. Driveways shall meet current standard radii on all
existing and proposed commercial drive approaches used as access to the proposed
development. The developer shall adhere to all City standards and regulations for access and
ADA guidelines.
78. 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.
79. 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.
80. 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.
81. 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.
82. Public Streetlights Service Points — All proposed public streetlights shall be provided with
necessary appurtenances and service points for power, separate from privately owned
streetlights. The developer/property owner shall coordinate with the PW Department and with
Southern California Edison the assignment of addresses to streetlight service points. Service
points for proposed public streetlights shall become public and shall be located within public
right of way or within duly dedicated public easements.
83. 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.
84.Offsite Grading — A notarized and recorded agreement, or City -approved documents
authorizing the offsite grading shall be submitted to the Public Works / Engineering
Department.
85. 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.
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86. 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.
87. 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.
88. 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.
89. 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.
90. 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.
91. 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.
92. 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.
93. Stormwater Management - All City of Menifee requirements for NPDES and Water Quality
Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01
for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public
Works Director/City Engineer. This project is required to submit a project specific WQMP
prepared in accordance with the latest WQMP guidelines approved by the Regional Water
Quality Control Board.
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94. 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 protected and located at the rear
of the enclosure to prevent damage from bins.
95. 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 implementation.
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
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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.
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.
96. 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:
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 CD-ROM in pdf format shall be submitted to the Public Works Engineering Department.
97. 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.
98. 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.
99. 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
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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.
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.
100. 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.
101. WQMP/BMP Education - Prior to issuance of Certificate of Occupancy, the developer /
project owner shall provide the City proof of notification to future occupants of all BMP's and
educational and training requirements for said BMP's as directed in the approved WQMP.
Proof of notification shall be provided to the Public Works / Engineering Department in forms
determined acceptable by the Public Works Director / City Engineer. Public Education
Program materials may be obtained from the Riverside County Flood Control and Water
Conservation District's NPDES Section through their website at www.rcwatershed.org. The
developer must provide to the Public Works / Engineering Department a notarized affidavit,
or other notification forms acceptable to the Public Works Director / City Engineer, stating that
the distribution of educational materials to future homebuyers has been completed prior to
issuance of occupancy permits.
A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works
/ Engineering Department MUST also receive the original notarized affidavit with the plan
check submittal to clear the appropriate condition. Placing a copy of the affidavit without
submitting the original will not guarantee clearance of the condition.
102. 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.
103. Utility Improvement Plans — Public Water, Sewer and Recycled Water improvements shall
be drawn on City title block for review and approval by the Public Works / Engineering
Department and EMWD.
104.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.
105. 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.
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106. 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.
107.Annexation to the Citywide Community Facilities District (CFD)- Prior to the issuance of
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.
108. 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 map recordation but prior to issuance of a building permit. The developer
shall be responsible for all costs associated with the preparation of the CFD annexation
agreement. The agreement shall be approved by the City Council prior to issuance of a
building permit.
109. 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.
110. 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.
111. 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.
112.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.
113. 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
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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.
114.AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce
greenhouse gas (GHG) emissions. The regulation requires businesses and organizations
that generate four or more cubic yards of waste per week and multifamily units of 5 or more,
to recycle. A business shall take at least one of the following actions to reuse, recycle,
compost, or otherwise divert commercial solid waste from disposal:
a) Source separate recyclable and/or compostable material from solid waste and
donate or self -haul the material to recycling facilities.
b) Subscribe to a recycling service with their waste hauler.
c) Provide recycling service to their tenants (if commercial or multi -family complex).
d) Demonstrate compliance with the requirements of California Code of Regulations
Title 14.
For more information please visit:
www.rivcowm.org/opencros/recvciving/recycling and compost business. html#mandatory
115.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.
116. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building
permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection
and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for
review and approval. The plot plan shall show the location of and access to the collection area
for recyclable materials, along with its dimensions and construction detail, including
elevation/fagade, construction materials and signage. The plot plan shall clearly indicate how
the trash and recycling enclosures shall be accessed by the hauler.
The applicant shall provide documentation to the Community Development Department to
verify that Engineering and Public Works has approved the plan prior to issuance of a
building permit.
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117. 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.
118. 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.
119. 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.
120. 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.
121.TUMF FEES - Prior to the issuance of an occupancy permit, the developer/property owner
shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee
schedule in effect at the time of (building permit or certificate of occupancy) issuance,
pursuant to adopted City Ordinance governing the TUMF program.
122. 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.
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Section IV:
Building and Safety
Conditions of Approval
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Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed when
building construction plans are submitted to Building & Safety for review. These conditions will be
based on occupancy, use, the California Building Code (CBC), and related codes which are
enforced at the time of building plan submittal.
2. Compliance with Code. All Design components shall comply with applicable provisions of the
2022 edition of the California Building, Plumbing and Mechanical Codes; 2022 California
Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California
Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee
Municipal Code. If a code cycle changes prior to submission of any plans or documents, the plans
submitted shall be updated to the current State of California, Title 24, Code of Regulations, City
of Menifee Ordinance, or any other state, federal, or city requirements.
3. Photovoltaic System. A photovoltaic (PV) system shall be installed on the newly constructed
dwelling units per State of California Assembly Bill 178 (AB-178). The PV plans may be deferred.
The proposed location of the PV system shall be shown on the first submittal of the dwelling
construction plans for review. Any deferred PV system plans shall be submitted and approved
prior to the rough electrical inspection of the ADU.
4. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan
review, a complete exterior site lighting plan with a "photometric study" showing compliance with
County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution.
All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the
Building & Safety Department. Any outside lighting shall be hooded and aimed not to shine
directly upon adjoining property or public rights -of -way. All exterior LED light fixtures shall be
3,000 kelvin and below.
5. Street Name Addressing. Applicant must obtain street name addressing for all proposed
buildings by requesting street name addressing and submitting a site plan for commercial,
residential/tract, or multi -family residential projects.
6. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
7. Obtaining Separate Approvals and Permits. The recreation center, pools, and other
associated structures and amenities for the recreation center shall be permitted separately.
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 that are a part of the development shall be permitted separately.
8. Private Sanitary Sewer and Domestic Water Plan Approvals. (If Applicable) On -site private
sanitary sewer and domestic water plans will require separate approvals and permits from
Building and Safety. One (1) set of digital or six (6) sets of plans shall be submitted.
9. Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD
notification and approval may be required.
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10. Hours of Construction. Signage shall be prominently posted at the entrance of the project
indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance
8.01.010, for any site within one -quarter mile of an occupied residence. The permitted hours of
construction are Monday through Saturday 6:30am to 7:OOpm. No work is permitted on Sundays
and nationally recognized holidays unless approval is obtained from the City Building Official or
City Engineer.
Provide a tract production application and sequence worksheet with the
following information:
1. Identify the applicant, developer/builder, tract, phase, and lot number(s) on the City's application
form.
2. 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.
3. Clearly identify all options creating additional square feet, or changes to total square foot area.
4. Identification of residential lots based on percentages required by the Community Development
Department.
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.
Site Plans
1. Vicinity Map.
2. Assessor's Parcel Number, Tract and Lot number; and Site Address.
3. 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.
Floor Plans
1. North Arrow.
2. Street frontage, lot lines and lot dimensions.
3. Building location and setbacks to property lines and/or easements.
Floor Plans
1. Each model or building type.
2. Universal Design components for single- family residential dwellings.
Elevations
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.
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Plumbing/Mechanical
1. Points of connection for water/sewer meter locations.
2. Material type and sizes for waste/vent, water, and gas supply systems.
3. HVAC equipment location; gas stub locations and BTU input for gas appliances.
4. County of Riverside Environmental Health Department Approved septic system design.
Electrical Plan
1. Electrical main service size, location, and grounding method.
2. Electrical power and lighting plans, lighting fixture schedule.
3. Title 24 Energy Code electrical requirements including high efficacy fixture types, motion
sensors, dimmer switching or photo controls.
Structural Plan/Foundation/Framing/Roof Plan and Details
1. Structural design by a State of California registered engineer or licensed architect if the proposed
structure does not comply with conventional light wood framing.
2. Foundation elements to include, footing & slab reinforcement; footing and slab details,
including base preparation, sand layer(s), moisture barrier; anchor bolt size and spacing, hold
down devices, etc.
3. Structural frame plan(s) and key referenced details for walls, floor levels and roof.
4. One (set) set of stamped/signed (digital signature accepted) Structural Calculations.
5. One (1) digital set of stamped/signed (digital signature accepted) Roof Truss Calculations (if
applicable). The architect or engineer of record s h a I I 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.
Supplemental Information
1. 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.
2. 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.
3. Include full plan size copies of the city department's Conditions of Approval to the plans.
4. One (1) digital copy of the approved signed precise grading plan.
5. Fees are based on the current City of Menifee Adopted Fee Schedule.
6. 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.
7. 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
1. Prior to the model home complex, sales office, and production permits, all maps shall be recorded
with the City of Menifee.
2. All associated Building Fees to be paid.
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3. 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.
Inspections
1. All inspection requests shall be requested through the City of Menifee Accella Citizen Access
(ACA) portal only.
2. All work that has been requested to be inspected shall be ready for inspection prior to 8:00am.
3. The approved plans and documents shall be on -site at the time of inspection.
4. Access to the job site shall be provided on the day of inspection by 8:00am.
5. Any construction changes from the approved plans shall be revised on the plans and submitted
to the Building and Safety Department for review and approval prior to the inspection.
6. Any special inspection or deputy reports required by code, or the approved plans shall be
provided at the time of inspection for the specific portion of work required the special inspection
or deputy report.
Prior to Final Inspection
1. 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.
2. 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.
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Section V:
Fire Department
Conditions of Approval
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1. TURN TEMPLATE- Fire access roads shall be capable of maneuvering through the site with
a minimum inside radius of 14'-0" and outside of 38'-0". (PROVIDE TURN TEMPLATE ON
EXHIBIT).
2. ROADWAYS- Roadways less than 30 feet parking prohibited. Roadway is required to be
posted as a FIRE LANE.
3. SURFACE LOAD AND CAPABILITIES- Fire apparatus access roads shall be designed to
support the impose loads of fire apparatus [80,000 pound live load (gross vehicular weight)
distributed over two axles] and shall be surfaced so as to provide all-weather driving
capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus
access road.
4. FIRE DEPARTMENT ACCESS -Fire apparatus access roads shall extend to within 150 feet
of all portions of the facility and all portions of the exterior walls of the first story of the building
as measured by an approved route around the exterior of the building or facility.
5. SINGLE FAMILY DWELLINGS. standard fire hydrants (6" x 4" x 2 '/2") shall be spaced no
more than 500 feet apart in any direction so that no point on the street is more than 250 feet
from a hydrant. Where new water mains are extended along streets where hydrants are not
needed for protection of structures, standard fire hydrants shall be provided at spacing not to
exceed 1000 feet along streets for transportation hazards. (CFC 507.3, Appendix B).
6. RESIDENTIAL FIRE SPRINKLER - Residential fire sprinklers are required in all one and two
family dwellings per the California Residential code, California Building Code and the
California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2023 Edition. Plans must
be submitted to the Fire Dept. for review and approval prior to installation.
7. ADDRESS- Multi -family residences shall display the address in accordance with the Riverside
County Fire Department Premises Identification standard 07-01. (CFC 505.1)
8. BLUE DOT REFLECTORS- Blue retro- reflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants. Prior to
installation, placement of markers must be approved by the Riverside County Fire
Department.
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Section VI:
Riverside County Environmental
Health Conditions of Approval
Page 59 of 76
County of Riverside
DEPARTMENT OF ENVIRONMENTAL HEALTH
P.O. BOX 7909 • RIVERSIDE, CA 92513-7909
JEFF JOHNSON, DIRECTOR
February 16, 2024
City of Menifee
Planning Department
Attn: Russell Brown
29714 Haun Road
Menifee, CA 92586
SUBJECT: CITY OF MENIFEE — PLANNING APPLICATION DEV2023-002 "Di
CAPRI" (APN#: 335-080-008)
Dear Mr. Brown:
The project listed in the subject heading of this letter is proposing to subdivide an existing 8.03-
acre (gross) vacant lot for condominium purposes into 61 single-family units along with 3
common areas and a retention basin.
The project site is located at the southwest corner of Murrieta Road and Chambers Avenue, in
the City of Menifee. In accordance with the agreement between the County of Riverside.
Department of Environmental Health (DEH) and the City of Menifee, DEH offers the following
comments/recommendations:
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 rnet with EMWD, in addition to all other
applicable agencies.
Prior to building permit issuance, provide documentation that establishes water and service for
the project from EMWD (ex: First Release Letter).
Prior to building permit final, applicant must provide documentation that verifies actual service
from EMWD (ex: Final Release Letter).
REMOVAL/DESTRUCTION OF ANY EXISTING OV1'TS AND WELLS:
Any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be
properly removed and/or destroyed under permit with DEH.
Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside
Phone(888)722-4234
www.rivcoeh.org
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LOCAL ENFORCEMENT AGENCY
Ensure the appropriate size and number of refuse/recycle bins are provided at this site, in
accordance with SB 1383 and that an approved Solid Waste Hauler purveyor is utilized. For
additional information please contact our Local Enforcement Agency (LEA) at (951) 955-8980.
ENVIRONMENTAL CLEANUP PROGRAM (ECPI
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.
For this project, the City of Menifee is taking on the responsibility to review the above aspects of
the project.
Should you have any further questions or require further assistance, please contact me by email
at Allopez@rivco.org or by phone at (951) 955-8980.
Sincerely,
Alberto Lopez, Supervising REHS
Environmental Cleanup Program
Environmental Protection and Oversight Division
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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 62 of 76
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Rachel Valencia, Administrative Assistant of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC24-627 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 13th day of March, 2024 by
the following vote:
Ayes: Diederich, Long, Madrid, Thomas, LaDue
Noes: None
Absent: None
Abstain: None
0
achel Valencia, Administrative Assistant