PC10-33Resolution No. PC10-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PUBLIC USE PERMIT #2009-68 FOR THE MENIFEE VALLEY
HELISTOP.
Whereas, in June 17, 2009, the applicant, Valley Health Systems, filed a formal
application with the City of Menifee for Public Use Permit #2009-068 to allow the
construction and use of an Emergency Medical Systems (EMS) Helistop,
Whereas, on March 9, 2010, the Planning Commission held a duly noticed public
hearing on Public Use Permit #2009-068, considered public testimony and materials in
the staff report and accompanying documents, which hearing was publicly noticed by a
publication in the newspaper of general circulation, an agenda posting, and notice to
property owners within 500 feet of the project site boundaries.
Whereas, at the March 9, 2010 Planning Commission public hearing, the
Commission found that:
The public use permit is consistent with the General Plan Land Use Map and
applicable General Plan objectives, policies, and programs;
2. The public use permit is consistent with Ordinance No. 348, Section 18.29, or
such successor ordinance as may be adopted, which provides for public use
permit procedures, enforcement, and revocations;
3. The public use permit is compatible with or provides adequate buffering of
adjoining uses in that the properties to the west is zoned for commercial uses.
The areas to the north, south, and east are single-family uses. Appropriate noise
buffering, limits of operations, and monitoring has been incorporated into the
project;
4. The establishment, maintenance or conducting of the use for which the public
use permit is sought will not, under the particular case, be detrimental to the
public welfare or injurious to property or improvements in the neighborhood
without mitigation;
5. The project will not interfere with the quiet enjoyment of the property by
residents, provided that operational limitations of the facility are complied with.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
and orders as follows:
1. The Findings set out above are true and correct.
2. Public Use Permit #2009-068 for the construction and operation of a helistop at
the Menifee Valley Medical Center is approved, subject to the Conditions of
Approval as set forth in Exhibit 1 to this Resolution and as approved by the
Planning Commission on March 9, 2010.
Resolution No. PC10-33
Public Use Permit #2009-068 for the Menifee Valley Medical Center Helistop
PASSED, APPROVED AND ADOPTED this 9th day of March 2010, by the
following vote:
AYES:
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Attest:
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Kathy Bennett, City Clerk &
Planning Commission Secretary
EXHIBIT 1
Conditions of Approval for PUP 2009-068
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Conditions of Approval PUP No. 2009-068 1 of 10
Section I:
Conditions Applicable to all
Departments
Conditions of Approval PUP No. 2009-068 2 of 10
General Conditions
Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Public Use Permit No. 2009-068 shall
be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for PublicUse Permit No. 2009-068,
dated March 4, 2010.
2. Description. The use hereby permitted is to allow the construction and
operation of an Emergency Medical Services (EMS) Helicopter Landing
Slte.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and any agency or instrumentality thereof,
and/or any of its officers, employees and agents (collectively the "City ")
from any and all claims, actions, demands, and liabilities arising or alleged
to arise as the result of the applicant's performance or failure to perform
under this Public Use Permit or the City's and County's approval thereof, or
from any proceedings against or brought against the City or County, or any
agency or instrumentality thereof, or any of their officers, employees and
agents, to attack, set aside, void, annul, or seek monetary damages
resulting from an action by the City or County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 2010-013 and Public Use Permit No. 2009-
068.
4. 90 Days to Protest. The project developer has 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. Newly Incorporated City. The City of Menifee is a new City incorporated
on October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure.
In the future the City of Menifee will identify and put in place various
processing fees to cover the reasonable cost of the services provided. The
City also will identify and fund mitigation measure under CEQA through
development impact fees. Such fees may include but are not limited to
processing fees for the costs of providing planning services when
development entitlement applications are submitted, which fees are
designed to cover the full cost of such services, and development impact
fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing
districts to cover the costs of maintenance of improvements constructed by
development, Developer agrees to petition for formation of, annexation to or
inclusion in any such financing district and to pay the cost of such
formation, annexation or inclusion.
Conditions of Approval PUP No. 2009-068 3 of 10
The developer acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time
the fee condition must be met as specified herein.
(applicant initials)
6. City of Menifee. On October 1st, 2008 the City of Menifee incorporated. At
the time the City incorporated it was required to accept all the laws and
ordinances of the County of Riverside. Over time the City will change these
ordinances either by name or content. The applicant or successor in
interest of this project will be subject to ordinances of the City of Menifee
and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a
County of Riverside Ordinance, will in fact be subject to the equivalent City
ordinance or subsequent ordinance introduced by the City. The applicant
or their successor in interest by accepting these conditions also agrees to
accept the equivalent City ordinance or subsequent ordinance introduced
by the City.
7. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Public Use Permit No. 2009-68.
8. Expiration. This approval shall be used within two (2) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever.
By use is meant the beginning of substantial construction contemplated by
this approval within two (2) year period which is thereafter diligently
pursued to completion or to the actual occupancy of existing buildings or
land under the terms of the authorized use. Prior to the expiration of the two
year period, the permittee may request a one (1) year extension of time in
which to begin substantial construction or use of this permit. Should the one
year extension be obtained and no substantial construction or use of this
permit be initiated within three (3) years of the approval date this permit,
shall become null and void.
9. Condition Compliance. WITHIN TWO (2) YEARS OF THE DATE OF
APPROVAL OF THIS PERMIT, the permittee shall prepare and submit a
written report to the Community Development Director demonstrating
compliance with all conditions of approval and mitigation measures of this
permit and E.A. No. 2010-13.
Conditions of Approval PUP No. 2009-068 4 of 10
Section II:
Planning Conditions of Approval
Conditions of Approval PUP No. 2009-068 5 of 10
General Conditions
10. Comply with Ordinance. The development of these premises shall comply
with the standards of Ordinance No. 348 and all other applicable
ordinances and State and Federal codes.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
11. Causes for 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.
12. Ceased Operations. In the event the use hereby permitted ceases
operation for a period of one (1) year or more, this approval shall become
null and void.
13. Business Licensing. Every person conducting a business within the City
of Menifee, as defined in Ordinance No. 857, shall obtain a business
license. For more information regarding business registration, contact the
City of Menifee.
14. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this conditional use permit as a principal
place of residence. No person shall use the premises as a permanent
mailing address nor be entitled to vote using an address within the
premises as a place of residence.
15. Hours of Construction. Truck and construction -related activities shall be
restricted to between the hours of 7:00 a.m. and 7:00 p.m. Monday -
Saturday (excluding federal and state holidays). Exceptions to these
standards may be allowed only with written consent of the Building Official
per City Ordinance.
16. Noise. Exterior noise levels produced by any use allowed under this permit
shall not exceed 75 dB(A), 10-minute LEQ, at the project boundaries.
Additionally, single -event noise levels produced by any use allowed under
this permit shall not exceed 101.8 dB, as measured at the closest
residential use. In the event noise exceeds this standard, the permittee or
the permittee's successor -in -interest shall take the necessary steps to
remedy the situation, which may include discontinued operation of the
facilities.
17. Use. The landing area is operated for private use only. (FAA condition a.)
18. Operations. Operations are to conducted at this facility only during Visual
Flight Rule (VFR) conditions, and in accordance with the restrictions /
Conditions of Approval PUP No. 2009-068 6 of 10
communications requirements of the overlying class of airspace. (FAA
condition b.)
19. Idling. Helicopter idle time should be minimized as much as possible.
(Noise Study condition 1 and ALUC condition 3)
20. Noise Concerns. If noise is expressed as an issue by the community, than
noise monitoring should be conducted during the initial stages of
operations. In the event that the noise criteria are exceeded, the operations
should be reviewed to determine further noise control measures.
Alternative flight tracks may need to be implemented if annoyances are
encountered. (Noise study condition 2)
21. Public Safety Authorization. No operations (takeoffs or landings) shall be
conducted until such time as an officer of an authorized public safety
agency, as defined in Section 21662.1 o the State of California Public
Utilities Code, has designed the facility as an Emergency Medical Service
(EMS) Landing Site and has issued a written determination that the site is
"reasonable and prudent for the safe operation of EMS helicopters" (ALUC
condition 1) A copy of such determination shall be provided to the City of
Menifee.
22. Design. The heliport shall be designed and constructed in accordance with
FAA Advisory Circular 150/5390-213, Helicopter Design, except that the site
shall not be marked as a permitted heliport as described. (ALUC condition
2)
23. FAA letter. Establishment operations shall comply with the
recommendations and requirements of the Federal Aviation Administration
letter dated December 7, 2009, a copy of which is attached hereto. Item d.
on the first page of this letter shall be interpreted as a requirement to
contact CALTRANS Division of Aeronautics and not as a requirement for a
State Heliport Permit, unless required by CALTRANS. (ALUC condition 3)
24. Limits on Operations. Helicopter usage shall be monitored by Menifee
Valley Medical Center so as to limit operations to an average of four arrivals
and four departures per month, except in mass casualty or community
disaster situations, as recognized by City, State, or Federal authorities.
(ALUC condition A).
25. Electric / telephone wires. The applicant shall contact the entity owning
the "electric / telephone wires located south of the proposed heliport" and
request that "spherical obstruction balls" (in accordance with FAA Advisory
Circular 747460-2 series) be placed on the wires. (ALUC condition 6)
26. Fencing. Fencing within the project property shall be installed in
compliance with "Exhibit F".
27. Reporting. A report shall be provided to the City of Menifee by the
operators of the EMS Landing Site once every six months accounting for
the number of take offs and landings. Should the average number of
Conditions of Approval PUP No. 2009-068 7 of 10
arrivals and departures exceed four, then a revised Conditional Use Permit
may be necessary.
Prior to Grading Permit Issuance
28. Air Quality Mitigation Measures. The following mitigation measures shall
be complied with during grading activities: 1) Apply nontoxic chemical soil
stabilizers according to manufactures' specifications to all inactive
construction areas (previously graded areas inactive for 10 days or more);
2) Water active sites at least twice daily (locations where grading is to occur
will be thoroughly watered prior to earth moving); 3) Cover all trucks
hauling dirt, sand soil, or other loose materials, or maintain at least two feet
for freeboard (vertical space between the top of the load and the top of the
trailer) in accordance with the requirements of the California Vehicle Code
(CVC) Section 23114; 4) Pave construction access roads at least 100 feet
onto the site from the main road; 5) reduce traffic speeds on all unpaved
roads to 15 mph or less; 6) Additional dust suppression measures in the
SCQMD CEQA Air Quality Handbook shall be included as Conditions of
Approval to further reduce the likelihood of air quality impacts including:
revegetate disturbed areas as quickly as possible, suspend all excavating
and grading operations when wind speeds (as instantaneous gusts) exceed
25 mph, sweep all streets once per day if visible soil materials are carried
into adjacent streets (recommend water sweepers with reclaimed water),
install wheel washers where vehicles enter and exit unpaved roads onto
paved roads, or wash trucks and any other equipment leaving the site, pave
water, or chemically stabilized all on -site roads as soon as feasible,
minimize at all times the area disturbed by clearing, grading, earthmoving,
or excavation operations. 7) The construction contractor shall select the
construction equipment used on site base on low -emission factors and high
energy efficiency. The Construction Contractor shall ensure that
construction grading plans include a statement that all construction
equipment will be tuned and maintained in accordance with the
manufacturer's specifications. 8) The construction contractor shall utilize
electric or diesel -powered equipment in lieu of gasoline -powered engines
where feasible. 9) The construction contractor shall ensure that
construction grading plans shall include a statement that work crews will
shut off equipment not in use. 10) During smog season (May through
October), the overall length of the construction period will be expanded,
thereby decreasing the size of the area prepared each day, to minimize
vehicles and equipment operating at the same time. 11) The construction
contractor shall time the construction activities so as to not interfere with
peak -hour traffic and minimize obstruction of through traffic lanes adjacent
to the site; if necessary, a flag person shall be retained to maintain safety
adjacent to existing roadways. 12) The construction contractor shall
support and encourage ridesharing and provide transit incentives for the
construction crew. 13) All necessary measures to control dust shall be
implemented by the developer during grading.
29. Paleontology. Should paleontological resources be inadvertently
uncovered during ground disturbing and/or construction activities all work
must immediately be halted in the vicinity and a qualified Paleontologist and
Conditions of Approval PUP No. 2009-068 8 of 10
FEES
the City of Menifee shall be contacted immediately. The qualified
Paleontologist shall observe the find and assess the significance of the
resource. If the paleontological resource is determined to be a potentially
significant resources, the preparation and implementation of a Phase III
Data Recovery Program shall be performed, including the disposition of
recovered artifacts.
30. Erosion Control. The following erosion control measures shall be
complied with during grading activities: 1) Plant and irrigate all
manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3
feet or greater in vertical height with grass or ground cover; slopes 15 feet
or greater in vertical height shall be planted with additional shrubs or trees
as approved by the Building & Safety Department's Erosion Control
Specialist. 2) Erosion control — landscape plans, required for
manufactured slopes greater than 3 feet in vertical height, are to be signed
by a registered landscape architect and bonded per the requirements of
Ordinance No. 457, see form 284-47. 3) Temporary erosion control
measures shall be implemented immediately following rough grading to
prevent deposition of debris onto downstream properties or drainage
facilities. Plans showing these measures shall be submitted to the City for
review. 4) Manufactured slopes shall be graded to a maximum steepness
of 2:1 (horizontal : vertical).
31. Lighting — Mt. Palomar. This property is subject to lighting restrictions as
required by City Ordinance No. 25, which are intended to reduce the effects
of night lighting on the Mount Palomar Observatory.
32. Lighting — Plans. Before installation, all lighting plans shall be approved
by the City Building Official.
33. Subsequent Submittals and Fees. 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 Ordinance No. 671. Each submittal shall
be accompanied with a letter clearly indicating which condition or conditions
the submittal is intended to comply with.
34. Kangaroo Rat Fee. Kangaroo Rat Fees shall be paid in proportion to the
disturbance area of the project. As such the fees shall be paid on 5,280
square feet of disturbance area. (City Ordinance No. 663).
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.
Conditions of Approval PUP No. 2009-068 9 of 10
Signed
Name (please print)
Date
Title (please print)
Conditions of Approval PUP No. 2009-068 10 of 10