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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.