PC10-042Resolution No. 10-042
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PLOT PLAN NO. 2010-052 FOR TWO DETACHED ACCESSORY
BUILDINGS TOTALING 720 sq. ft. AT 25872 BETH DRIVE.
Whereas, on March 24, 2010, the applicant, Fred Lewis, filed a formal
application with the City of Menifee Planning Department to allow the use of two (2)
detached accessory buildings totaling 720 sq. ft. at 25872 Beth Drive; and,
Whereas, on April 27, 2010, the Planning Commission held a duly noticed public
hearing on Plot Plan No. 2010-052, 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 300 feet of the project site boundaries.
Whereas, at the April 27, 2010 Planning Commission public hearing, the
Commission found that:
1. The proposed use conforms to all the requirements of the General Plan and all
applicable requirements of State law, the ordinances of Riverside County as
adopted by the City of Menifee and any new ordinances adopted by the City.
2. The project site is designated Rural Community: Very Low Density Residential
(RC: VLDR) (1 Acre Minimum).
3. The proposed use, detached accessory buildings, is a permitted use in the Rural
Community: Very Low Density Residential (RC: VLDR) (1 Acre Minimum).
4. The project site is surrounded by properties which are designated Rural
Community: Very Low Density Residential (RC: VLDR) (1 Acre Minimum) to the
north, south, east and west and Community Development: Medium Density
Residential (CD: MDR) (2-5 dwelling units per acre) further to the east.
5. The proposed zoning for the subject site is Residential Agricultural — 1 Acre
Minimum (R-A-1).
6. The proposed use, detached accessory buildings, is a permitted use with a minor
plot plan, in the Residential Agricultural — 1 Acre Minimum (R-A-1) zone
pursuant to Ordinance 348, Section 18.18.
7. The proposed use, detached accessory buildings, is consistent with the
development standards set forth in the Residential Agricultural — 1 Acre
Minimum (R-A-1).
8. The proposed use, detached accessory buildings, is consistent with the
development standards of Ordinance 348, Section 18.18.
9. The project site is surrounded by properties which are zoned Residential
Agricultural — 1 Acre Minimum (R-A-1) to the north, south, east and west and
One -Family Dwellings (R-1) further to the east.
Resolution No. 10-042
Plot Plan # 2010-052
Lewis. Detached Accessory Buildings
10. The proposed use, detached accessory buildings, is consistent with the character
of the surrounding neighborhood.
11. The surrounding neighborhood contains single family residential uses on large
lots and many of the surrounding parcels contain detached accessory buildings.
12. The project will not have a significant effect on the environment.
13. This project is not located within a Criteria Area of the Multi -Species Habitat
Conservation Plan.
14. The project is exempt from CEQA per Section 15303 "New Construction or
Conversion of Small Structures." This exemption applies to "construction and
location of limited numbers of new, small facilities or structures; installation of
small new equipment and facilities in small structures; and the conversion of
existing small structures from one use to another where only minor modifications
are made in the exterior of the structure. The numbers of structures described in
this section are the maximum allowable on any legal parcel. Examples of this
exemption include, but are not limited to: (e) Accessory (appurtenant) structures
including garages, carports, patios, swimming pools, and fences."
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. The project is exempt for CEQA per Section 15303 "New Construction or
Conversion of Small Structures."
3. Plot Plan #2010-052 for two (2) detached accessory buildings totaling 720 sq. ft.
is approved, subject to the Conditions of Approval and as approved by the
Planning Commission on April 27, 2010.
PASSED, APPROVED AND ADOPTED this 27th day of April 2010, by the
following vote:
R,
Matthew Liesemeyer, Chair
Attest:
�J }UILLf
Kathy Bennett, City Clerk &
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Resolution No. 10-042 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 27t' day of April, 2010 by
the following vote:
Ayes: Miller, Vesey, Zimmerman, Thomas, Liesemeyer
Noes: None
Absent: None
Abstain: None
-Y&2�
Kathy Bennett, City Clerk
CONDITIONS OF APPROVAL
Plot Plan No. 2010-052
Detached Accessory Building
General
1. Project Description. Plot Plan No. 2010-052 proposes the construction of two
(2) sheds totaling 720 sq. ft (Shed 1: 480 sq. ft. and Shed 2: 240 sq. ft.) within a
0.9 acre residential property. The project site contains an existing 3,990 sq. ft.
residence including the garage and a 588 sq. ft. casita (guest house) which shall
remain.
2. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2010-052 shall be henceforth defined as
follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2010-052 dated
March 23, 2010.
APPROVED EXHIBIT B = Elevations, Floor Plans and Colors of Plot Plan
No. 2010-052 dated March 23, 2010.
3. Hold Harmless. The developer/applicant shall indemnify, protect, defend, and
hold harmless, the City and County and any agency or instrumentality thereof,
and/or any of its officers, employees and agents (collectively the "City and
County") 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 Plot Plan 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 Plot Plan No 2010-052 (PP 2010-052).
4. Zoning Compliance. The development of these premises shall comply with the
standards of Ordinance No. 348 and all other applicable Riverside County or City
of Menifee ordinances -and State and Federal codes.
5. Building Official. The proposed project shall adhere to all requirements of the
Building Official. Construction drawings shall be in compliance with the 2052
California Building Code, or as subsequently updated by the State Building
Standards Commission. Water, gas, sewer, electrical transformers, power vaults
and separate fire/water supply lines (if applicable) must be shown on the final set
of construction plans pursuant to the requirements of the Building Official.
6. Fire Marshal. The proposed project shall adhere to all requirements of the Fire
Marshall. Fire hydrants shall be located on the project site pursuant to the
Building Official. The applicant shall submit a fire access and fire underground
plan prior to construction drawings, if required.
7. Truck and Construction Related Activities. 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 shall be allowed only with written consent of the Building Official per
City Ordinance.
8. No Home Occupations. No home occupations are permitted in an accessory
structure or guest home. From section 21.36 of Ordinance 348: Home
Occupations: Home occupations means those uses that are customarily
conducted in a residence, provided such uses must be incidental and secondary
to the principal use of a dwelling as a residence. The following criteria shall apply
to any home occupation:
a. Except for large family day care homes which may require two assistants
and small family day care homes which may require one assistant to be
present in addition to the licensee or provider, no person other than a
resident of the dwelling shall be employed on the premises in the conduct of
a home occupation. b. A home occupation shall be conducted entirely within
the dwelling and shall be incidental and secondary to the use of the dwelling
as a residence.
c. A home occupation shall not be conducted in an accessory structure and
there shall be no storage of equipment or supplies in an accessory structure
or outside building.
d. The residential character of the exterior and interior of the dwelling shall
not be changed.
e. No vehicles or trailers except those normally incidental to residential use
shall be kept on the site.
f. No signs other than one unlighted identification sign, not more than two
square feet in area, shall be erected on the premises.
9. No Habitable Area. No habitable area has been approved with this approval.
The addition of habitable area will require additional approvals.
10. No Commercial Use. No commercial use is allowed on this property, unless the
applicant applies for a Plot Plan or Conditional Use Permit for a commercial use.
11. No Commercial Vehicles. At no time can commercial vehicles be stored on the
property for any length of time.
12. Accessory Structure Floors. Only one single story accessory structure is
approved. No upper (second) stories or mezzanine are approved.
13. Height Limit. The accessory structures shall comply at all times with the height
limit of section 18.18 of the Zoning Code (Detached Accessory Structures), as
amended, regarding the structure height limit of 20 feet. Said height shall be
measured from the adjacent finished ground.
14. No Bare Metal Structures. The construction drawings shall indicate that both
accessory structures shall be painted consistent with approved Exhibit B. The
large accessory structure shall not show any bare metal parts.
15. Subsequent Review. No expansion of the site or the use shall occur without
subsequent reviews and approvals from the Planning Department before such
expansion.
16. Development Restriction. Any use, activity, and/or development occurring on the
site without appropriate city approvals shall constitute a code violation and shall be
treated as such. Any deviation shall require the appropriate Planning Division
review and approval prior to such deviation.
17. Mechanical and Roof Mounted Equipment. All mechanical equipment,
including roof mounted air conditioning units and equipment shall be screened
from the public right-of-way.
18. Expiration Date. This approval shall be used within two (2) years of approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within a 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 request in which to use
this plot plan. A maximum of three one-year extension of time requests shall be
permitted. Should the time period established by any of the extension of time
requests lapse, or should all three one-year extensions be obtained and no
substantial construction or use of this plot plan be initiated within five (5) years of
the effective date of the issuance of this plot plan, this plot plan shall become null
and void.
Prior to Issuance of Permits for Grading
19. Construction Equipment. The applicant shall submit a written statement to the
City of Menifee that construction equipment is and will be properly maintained,
including proper tuning and timing of the engines. The construction contractors)
shall maintain construction and grading equipment and vehicle engines in good
condition and in proper tune with manufacturers' specifications.
All Times During Demolition Grading & Construction
18. South Coast Air Quality Management District Rule 403. The project
developer is required to comply with South Coast Air Quality Management
District (SCAQMD) Rule 403, Fugitive Dust.
19. South Coast Air Quality Management District Rule 431.2. The project
developer is required to comply with SCAQMD Rule 431.2, regarding use of
diesel fuel with sulfur. content of 15 ppm by weight or less.
20. Human Remains Encountered. If human remains are encountered, State
Health and Safety Code section 7050.5 states that no further disturbance shall
occur until the County Coroner has made a determination of origin and
disposition pursuant to Public Resource Code section 5097.98. The County
Coroner shall be notified of the find immediately. If the remains are determined
to be prehistoric, the coroner shall notify the Native American Heritage
Commission, which shall determine and notify the appropriate Native American
tribe who is the most likely descendent (MLD). The descendent shall inspect the
site of the discovery and make recommendations and enter into consultation
concerning the appropriate mitigation. After the recommendations have been
made, the land divider, the MLD, and a City representative shall meet to
determine the appropriate mitigation measures and corrective actions to be
implemented.
21. Inadvertent Archaeological Find. If during ground disturbance activities,
significant archeological or cultural resources are discovered, the following
procedures shall be followed:
(a) All ground disturbance activities within the immediate vicinity of the
discovered archeological or cultural resources shall be halted until a
meeting is convened between the developer, an archaeologist, the
appropriate Native American tribe and the Planning Director to discuss
appropriate actions;
(b) At the meeting, the significance of the discoveries shall be discussed and,
after consultation with the appropriate Native American tribe,
archaeologist, a decision shall be made (with the concurrence of the
Planning Director) as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the archeological or cultural resources; and
(c) Grading shall not resume within the immediate vicinity of the discovery
until an agreement has been reached by the appropriate Native American
tribe, an archaeologist, and the Planning Director as to the appropriate
mitigation. The grading plans shall conform to the mitigations
requirements placed on the map.
22. Transport of Hazardous Substances. The Project developer is required to
comply with all applicable federal, state, and local regulatory requirements
related to the transport, use and storage of hazardous substances. Oversight
agencies include, but are not limited to, the U.S. Environmental Protection
Agency (EPA), State Water Resources Control Board (WRCB), the California
Department of Toxic Substances Control (DTSC), state and federal Occupational
Safety and Health Administrations (OSHA), state Office of Environmental Health
Hazard Assessment (OEHHA), the California Integrated Waste Management
Board (CIWMB), and Riverside County Department of Environmental Health
(DEH).
23. Muffling Construction Equipment. During all excavation and grading activities
associated with project construction, the construction contractor(s) shall ensure
that all construction equipment, fixed or mobile, is equipped with properly
operating and maintained mufflers, consistent with manufacturers' standards.
This requirement shall be noted on the specification sheet of all grading and
construction plans.
Prior to Issuance of Permits for Building Construction
20. Approved Plans. The project shall be developed in substantial conformance with
the Exhibit A and B. Any deviation shall require the appropriate Planning
Department review and approval in advance of implementation.
21. Comply with Building and Safety. Compliance with Department of Building
and Safety directives and all required permits shall be obtained prior to
establishment or continuation of the use.
22. Public Street Right -of -Way. The applicant shall demonstrate that all the
necessary public roadways fronting the project site have fully dedicated public
rights -of -way (or full half -width rights -of -way, as the case may be), per the Street
Plans for the City of Menifee. If the required public rights -of -way have not yet
been fully dedicated, the City Engineer shall determine if dedication is necessary.
CONDITIONS OF APPROVAL
Plot Plan No. 2010-052
Detached Accessory Building
General
1. Project Description. Plot Plan No. 2010-052 proposes the construction of two
(2) sheds totaling 720 sq. ft (Shed 1: 480 sq. ft. and Shed 2: 240 sq. ft.) within a
0.9 acre residential property. The project site contains an existing 3,990 sq. ft.
residence including the garage and a 588 sq. ft. casita (guest house) which shall
remain.
2. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2010-052 shall be henceforth defined as
follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2010-052 dated
March 23, 2010.
APPROVED EXHIBIT B = Elevations, Floor Plans and Colors of Plot Plan
No. 2010-052 dated March 23, 2010.
3. Hold Harmless. The developer/applicant shall indemnify, protect, defend, and
hold harmless, the City and County and any agency or instrumentality thereof,
and/or any of its officers, employees and agents (collectively the "City and
County") 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 Plot Plan 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 Plot Plan No 2010-052 (PP 2010-052).
4. Zoning Compliance. The development of these premises shall comply with the
standards of Ordinance No. 348 and all other applicable Riverside County or City
of Menifee ordinances and State and Federal codes.
5. Building Official. The proposed project shall adhere to all requirements of the
Building Official. Construction drawings shall be in compliance with the 2052
California Building Code, or as subsequently updated by the State Building
Standards Commission. Water, gas, sewer, electrical transformers, power vaults
and separate fire/water supply lines (if applicable) must be shown on the final set
of construction plans pursuant to the requirements of the Building Official.
6. Fire Marshal. The proposed project shall adhere to all requirements of the Fire
Marshall. Fire hydrants shall be located on the project site pursuant to the
Building Official. The applicant shall submit a fire access and fire underground
plan prior to construction drawings, if required.
7. Truck and Construction Related Activities. 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 shall be allowed only with written consent of the Building Official per
City Ordinance.
8. No Home Occupations. No home occupations are permitted in an accessory
structure or guest home. From section 21.36 of Ordinance 348: Home
Occupations: Home occupations means those uses that are customarily
conducted in a residence, provided such uses must be incidental and secondary
to the principal use of a dwelling as a residence. The following criteria shall apply
to any home occupation:
a. Except for large family day care homes which may require two assistants
and small family day care homes which may require one assistant to be
present in addition to the licensee or provider, no person other than a
resident of the dwelling shall be employed on the premises in the conduct of
a home occupation. b. A home occupation shall be conducted entirely within
the dwelling and shall be incidental and secondary to the use of the dwelling
as a residence.
c. A home occupation shall not be conducted in an accessory structure and
there shall be no storage of equipment or supplies in an accessory structure
or outside building.
d. The residential character of the exterior and interior of the dwelling shall
not be changed.
e. No vehicles or trailers except those normally incidental to residential use
shall be kept on the site.
f. No signs other than one unlighted identification sign, not more than two
square feet in area, shall be erected on the premises.
9. No Habitable Area. No habitable area has been approved with this approval.
The addition of habitable area will require additional approvals.
10. No Commercial Use. No commercial use is allowed on this property, unless the
applicant applies for a Plot Plan or Conditional Use Permit for a commercial use.
11. No Commercial Vehicles. At no time can commercial vehicles be stored on the
property for any length of time.
12. Accessory Structure Floors. Only one single story accessory structure is
approved. No upper (second) stories or mezzanine are approved.
13. Height Limit. The accessory structures shall comply at all times with the height
limit of section 18.18 of the Zoning Code (Detached Accessory Structures), as
amended, regarding the structure height limit of 20 feet. Said height shall be
measured from the adjacent finished ground.
14. No Bare Metal Structures. The construction drawings shall indicate that both
accessory structures shall be painted consistent with approved Exhibit B. The
large accessory structure shall not show any bare metal parts.
15. Subsequent Review. No expansion of the site or the use shall occur without
subsequent reviews and approvals from the Planning Department before such
expansion.
16. Development Restriction. Any use, activity, and/or development occurring on the
site without appropriate city approvals shall constitute a code violation and shall be
treated as such. Any deviation shall require the appropriate Planning Division
review and approval prior to such deviation.
17. Mechanical and Roof Mounted Equipment. All mechanical equipment,
including roof mounted air conditioning units and equipment shall be screened
from the public right-of-way.
18. Expiration Date. This approval shall be used within two (2) years of approval
date; otherwise, it shall become null and void and of no effect whatsoever. By
use is meant the beginning of substantial construction contemplated by this
approval within a 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 request in which to use
this plot plan. A maximum of three one-year extension of time requests shall be
permitted. Should the time period established by any of the extension of time
requests lapse, or should all three one-year extensions be obtained and no
substantial construction or use of this plot plan be initiated within five (5) years of
the effective date of the issuance of this plot plan, this plot plan shall become null
and void.
Prior to Issuance of Permits for Grading
19. Construction Equipment. The applicant shall submit a written statement to the
City of Menifee that construction equipment is and will be properly maintained,
including proper tuning and timing of the engines. The construction contractor(s)
shall maintain construction and grading equipment and vehicle engines in good
condition and in proper tune with manufacturers' specifications.
All Times During Demolition. Grading & Construction
18. South Coast Air Quality Management District Rule 403. The project
developer is required to comply with South Coast Air Quality Management
District (SCAQMD) Rule 403, Fugitive Dust.
19. South Coast Air Quality Management District Rule 431.2. The project
developer is required to comply with SCAQMD Rule 431.2, regarding use of
diesel fuel with sulfur -content of 15 ppm by weight or less.
20. Human Remains Encountered. If human remains are encountered, State
Health and Safety Code section 7050.5 states that no further disturbance shall
occur until the County Coroner has made a determination of origin and
disposition pursuant to Public Resource Code section 5097.98. The County
Coroner shall be notified of the find immediately. If the remains are determined
to be prehistoric, the coroner shall notify the Native American Heritage
Commission, which shall determine and notify the appropriate Native American
tribe who is the most likely descendent (MLD). The descendent shall inspect the
site of the discovery and make recommendations and enter into consultation
concerning the appropriate mitigation. After the recommendations have been
made, the land divider, the MLD, and a City representative shall meet to
determine the appropriate mitigation measures and corrective actions to be
implemented.
21. Inadvertent Archaeological Find. If during ground disturbance activities,
significant archeological or cultural resources are discovered, the following
procedures shall be followed:
(a) All ground disturbance activities within the immediate vicinity of the
discovered archeological or cultural resources shall be halted until a
meeting is convened between the developer, an archaeologist, the
appropriate Native American tribe and the Planning Director to discuss
appropriate actions;
(b) At the meeting, the significance of the discoveries shall be discussed and,
after consultation with the appropriate Native American tribe,
archaeologist, a decision shall be made (with the concurrence of the
Planning Director) as to the appropriate mitigation (documentation,
recovery, avoidance, etc.) for the archeological or cultural resources; and
(c) Grading shall not resume within the immediate vicinity of the discovery
until an agreement has been reached by the appropriate Native American
tribe, an archaeologist, and the Planning Director as to the appropriate
mitigation. The grading plans shall conform to the mitigations
requirements placed on the map.
22. Transport of Hazardous Substances. The Project developer is required to
comply with all applicable federal, state, and local regulatory requirements
related to the transport, use and storage of hazardous substances. Oversight
agencies include, but are not limited to, the U.S. Environmental Protection
Agency (EPA), State Water Resources Control Board (WRCB), the California
Department of Toxic Substances Control (DTSC), state and federal Occupational
Safety and Health Administrations (OSHA), state Office of Environmental Health
Hazard Assessment (OEHHA), the California Integrated Waste Management
Board (CIWMB), and Riverside County Department of Environmental Health
(DEH).
23. Muffling Construction Equipment. During all excavation and grading activities
associated with project construction, the construction contractor(s) shall ensure
that all construction equipment, fixed or mobile, is equipped with properly
operating and maintained mufflers, consistent with manufacturers' standards.
This requirement shall be noted on the specification sheet of all grading and
construction plans.
Prior to Issuance of Permits for Building Construction
20. Approved Plans. The project shall be developed in substantial conformance with
the Exhibit A and B. Any deviation shall require the appropriate Planning
Department review and approval in advance of implementation.
21. Comply with Building and Safety. Compliance with Department of Building
and Safety directives and all required permits shall be obtained prior to
establishment or continuation of the use.
22. Public Street Right -of -Way. The applicant shall demonstrate that all the
necessary public roadways fronting the project site have fully dedicated public
rights -of -way (or full half -width rights -of -way, as the case may be), per the Street
Plans for the City of Menifee. If the required public rights -of -way have not yet
been fully dedicated, the City Engineer shall determine if dedication is necessary.