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PC11-082Resolution PC11-082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT NO. 2011-038 FOR THE CONTINUATION OF OPERATIONS OF THE WICKERD FIREWOOD SALES ON ASSESSOR'S PARCEL NUMBER 360-340-007 Whereas, in 2001, the County of Riverside granted Jack Wickerd a CUP, renewable after 10 years, for the operation of Wickerd Firewood Sales on APN 36-340- 007; and Whereas, in March of 2011, the applicant, Jack Wickerd, filed a formal application with the City of Menifee for Conditional Use Permit No. 2011-038 (the "Project") to continue the operations of the Wickerd Firewood Sales on Assessor's Parcel Number (APN #) 360-340-007 indefinitely; and Whereas, on September 13, 2011, the Planning Commission held the duly noticed public hearing on the Project, considered public testimony and materials in the staff report and accompanying documents, and Whereas, at the September 13, 2011 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 as Community Development: Rural Community: Very Low Density Residential (RC: VLDR) (1 acre minimum lot size) which is consistent with the Sun City / Menifee Area Plan. 3. The project, firewood sales, is considered compatible with the RC: VLDR) (1 acre minimum lot size) based on the consistency with the Scott Road Policies below. 4. The property is within the Scott Road Policy Area, which states the following: SCMVAP 4.1: Very limited rural commercial land uses that serve local or roadway traveler needs may be permitted under the terms of the R-A, A-1, and R-R zones, where those zones already exist within this Policy Area. The commercially developed area (excluding planted areas in the case of nurseries, Christmas tree farms, etc) of any given parcel shall not exceed 2 acres. The project shall be designed to ensure land use compatibility. Working, loading and storage areas shall be screened from roads and residences (on other properties) through design or landscaping. The project is consistent with this policy, since the project complies with the design criteria as listed within the policy. SCMVAP 4.2: Existing commercial land uses that have been established and continue to operate in compliance with the provisions of Ordinance No. 348 prior to the adoption of this General Plan may continue in operation unless circumstances involving the sites, the uses of those sites, and/or the surrounding neighborhood indicate that the uses are no longer appropriate. 4838-8278-2730. I Resolution No. PC11-082 Conditional Use Permit No. 2011-038 The Wickerd Firewood Sales business has been in operation since 2006, before the City of Menifee incorporated. Since the business has complied with all of the conditions of approval imposed on it, the project is considered to be consistent with this policy. Additionally, Staff is recommending that the life of the permit be eliminated. 5. The property is also located within the Very Low Density Residential Policy Area, which states the following: SCMVAP 3.1: Residential development in this area shall retain its existing low density character. 6. Properties to the north, east, and west are also designated Rural Community: Very Low Density Residential (RC: VLDR) (1 acre minimum) and Rural Community: Estate Density Residential (RC: EDR) (2 acre minimum) to the south. 7. There are currently no general plan land use changes proposed on the City's General Plan for this property, and therefore; the project is anticipated to be consistent with the proposed general plan, including a housing element that is consistent with the state housing element law. 8. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan. Areas to the east of the project are anticipated to transition into greater land use intensity and commercial uses. This project is consistent with the existing rural neighborhood, and the anticipated land uses to the east. Therefore, the project shall not interfere with the future adopted general plan, including a housing element that is consistent with the state housing element law. 9. The project proposes to continue the operations of a firewood processing and sales operation located at the northwest corner of Bradley and Scott Roads Road which is within the Scott Road Policy Area of the city, which allows for limited commercial activities. The project promotes the vision and values by providing a balance between urban and rural development, as well as a balance between residential, commercial, and industrial uses within Menifee. The project is consistent with the vision and values of Menifee. 10. The zoning for the subject site is Rural Residential, 1 acre minimum lot size (R-R-1). 11. Firewood Sales are not listed as an allowed use under the R-R zone. However, Section 5.1.e. of Ordinance No. 348 allows for projects not specifically listed to be considered a permitted or conditionally permitted use. The property is substantially similar in nature to the neighboring properties. Additionally, since the project is consistent with the Scott Road Policy Area, it is found that the project is a conditionally permitted use. 4838-8278-2730.1 Resolution No. PC11-082 Conditional Use Permit No. 2011-038 12. The proposed use, the continuation of the firewood processing and sales operation, is consistent with the design criteria and operational methodology as prescribed by the Scott Road Policy Area, and with the development standards set forth in the Rural Residential, 1 acre minimum lot size (R-R-1) zone. 13. Properties to the north, east and west are also zoned R-R-1. Properties to the south are zoned Residential -Agricultural (R-A-2 '/2) and (R-A-1). 14. Residential properties of varying densities surround the subject property. 15. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 16. This project is exempt from CEQA per Section 15301, "Existing Facilities". 11. The project is compatible with the general plan land uses, general plan policies and zoning of the site and; therefore, is considered consistent with the future logical development of the area. 12. The business has been in operation since Riverside County approved the project in 2006. Since the County Fire Department has no issues with the continued operation of the business, the project has been determined to be designed to protect public health, safety, and welfare. 13. The proposed project is compatible with the present and future logical development of the area. 14. The plan considers the location and need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion and takes into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. 15. This project is not located within a Criteria Area of the Multi -Species Habitat Conservation Plan. 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. Conditional Use Permit No. 2011-038 is determined to be exempt from CEQA. 3. City of Menifee Case Conditional Use Permit Number 2011-038 is approved, subject to the Conditions of Approval as approved by the Planning Commission on September 13, 2011 4838-8278-2730.1 Resolution No. PC11-082 Conditional Use Permit No. 2011-038 PASSED, APPROVED AND ADOPTED this 13`d day ep ember, 2011. Chris Thomas, Chariman Attest: ennifer Allen, Planning Commission Secretary Approved as to Form: Karen Feld, City Attorney 4838-8278-2730.1 Wallace W. Edgerton Mayor John V. Denver Mayor Pro Tern Darcy Kuenzi Councilmember Thomas Fuhrman Councilmember Sue Kristjansson Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 95i•679.3843 www.cityofrnenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC11-082 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 13th day of September, 2011 by the following vote: Ayes: Liesemeyer, Matelko, Miller, Zimmerman, Thomas Noes: None Absent: None Abstain: None - - -/, , " e- - - Jenn er Allen, Planning Commission Secretary Conditions of Approval for the Wickerd Firewood Sales Extension Condtional Use Permit No. 2011-038 (formerly County of Riverside Conditional Use Permit No. 3455) Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering Conditions of Approval Section I: Conditions Applicable to all Departments General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2011-038 shall be henceforth defined as follows: Exhibit "A" = Site Plan for onditional Use Permit No. 2011-038, dated September 13, 2011. 2. Project Description of Conditional Use Permit No. 2011-038. The use hereby permitted is for the continuation of the Wickerd Firewood sales indefinitely, subject to these conditions of approval. The operations include 2.5 gross acres of a storage yard, and seven parking spots (including one handicapped). The current entrance is on Scott Road, directly across Sweetwater Road. Once Scott Road is fully expanded, then the entrance will be off of Bradley Road. 3. Indemnification. 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 Conditional Use Permit No. 2011-038. 4. 90 Days to Protest. The land divider 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 the approval or conditional approval of this project. 5. Impact Fees. Since the requisite development impact fees have been paid on this project on the original application, no further development impact fees or open space fees are required to be paid. Any further expansion of the use of the property will require payments of the following fees: a) Related statutory school district fees at the time of payment; b) Open Space Mitigation fees (Ordinance No. 810); c) Multi -Species Habitat Conservation Plan fee (Ordinance No. 810); d) Stephen's Kangaroo Rat Habitat Conservation mitigation fee (Ordinance No.663); e) All Development Impact Fees (DIF) at the time of payment 3 (Ordinance No. 659), which include Traffic Signal Mitigation fees. f) Riverside County Transportation Uniform Mitigation West fees (TUMF) in effect at the time of payment (Ordinance No. 824). 0 Section II: Planning Conditions of Approval General Conditions 6. Comply with Ordinance. The project shall conform to all other regulations and ordinances of the City of Menifee. The development of the property shall be in accordance with the mandatory requirements of all Riverside County ordinances including Ordinances Nos. 348 and state laws; and shall conform substantially with the adopted Riverside County General Plan as filed in the office of the Riverside County Planning Department, unless otherwise amended. 7. No Building or Grading Permits. No new building or grading permits are to be issued as a result of this Conditional Use Permit. 8. Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights of way. 9. Hours of Operation. Use of the facilities approved under this conditional use permit shall be limited to the hours of 8 a.m. to 5 p.m., Monday through Saturday in order to reduce conflict with adjacent residential zones and/or land uses. 10. Basis for Parking. Parking for this project was determined primarily on the basis of County Ordinance No. 348, Section 18.12. a.(2).b), General Commercial, Retail Uses, uncovered sales area. Due to the firewood storage and firewood sales areas are undefined and the number of employees are 1-2 persons, the Planning Department find that the provided 7 parking spaces with one designated for disabled parking is adequate for this specific case. 11. Permit Signs Separately. No signs are approved pursuant to this project approval. Prior to the installation of any on -site advertising or directional signs, a signing plan shall be submitted to and approved by the Planning Department pursuant to the requirements of Section 18.30 (Planning Department review only) of Ordinance No. 348. 12. No Billboards. No outdoor advertising display, sign or billboard (not including on -site advertising or directional signs) shall be constructed or maintained within the property subject to this approval.. 13. Exterior Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 45 db(A), 10-minute LEQ, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute LEQ, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land 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. he permit holder shall comply with the applicable standards of Ordinance No. 847. 14. Noise Monitoring Reports. The permit holder may be required to submit periodic noise monitoring reports as determined by the Department of Building and Safety as part of a code enforcement action. Upon written notice from the R Department of Building and Safety requiring such a report, the permittee or the permittee's successor -in -interest shall prepare and submit an approved report within thirty (30) calendar days to the Department of Building and Safety, unless more time is allowed through written agreement by the Department of Building and Safety. The noise monitoring report shall be approved by the Office of Industrial Hygiene of the Health Service Agency (the permittee or the permittee's successor -in -interest shall be required to place on deposit sufficient funds to cover the costs of this approval prior to commencing the required report). 15. 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. 16. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours of discovery. 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. 17. Cultural Artifacts. If during the operations of the business, unique cultural resources are discovered, the following procedures shall be followed. Unique cultural resources are defined, for this condition, 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. 1. 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 Native American tribal representative and the Planning Director to discuss the significance of the find. 2. At the meeting, the significance of the discoveries shall be discussed and after consultation with the Native American tribal representative and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3. 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. FEES 18. Subsequent Review Fees. Any subsequent review/approvals required by the conditions of approval, including but not limited to grading or building plan review or review of any mitigation monitoring requirement, shall be reviewed on an hourly basis, or other appropriate fee, as listed in Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 7 Prior to Issuance of Gradinq Permits 19. No Grading Permits. No grading is proposed as part of this proposal. All grading and construction of Daily Road shall be conducted in accordance with the Engineering Department conditions of approval. Prior to Issuance of Building Permit 20. No Building Permits. No new construction is proposed as part of the project. Any new structures will need to be applied for separately. Section III: Engineering conditions of Approval General Condition: 21. Conditions. Some of the original conditions of approval written by the County of Riverside are prior to grading, building permit issuance or final building inspection. They may not be enforceable because the proposed lumber yard operation does not propose any grading or new building. It proposes only an extension of their firewood sales. A time frame to comply with these conditions is defined in later conditions.. 22. Drawing. A cleaner plot plan, preferable CADD generated, will be required with any other permit request.. 23. Encroachment Permits — All work to be performed in City, State, or local agency right-of-way shall obtain all required encroachment permits and clearances prior to commencement of work. 24. Site Drainage — Site must remain undisturbed with positive natural drainage. Water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. Within 90 days of Approval by the Planning Commission: 25. R-O-W DEDICATION — Within 90 days of project approval, in conformance to this condition of approval, applicant shall submit right-of-way dedication documents to the City Engineering Department for review and approval and is responsible for paying the corresponding review fee. NPDES 26. Best Management Practices — Within 90 days of project approval, Site Control and Source Control Best Management Practices (BMPs) shall be submitted for review and approval to the City Engineering Department. To comply with the current NPDES permits, the following shall be provided: a stabilized construction entrance at both driveway entrances, erosion/sediment control measures along the perimeter of the property and a compliant trash enclosure. The BMPs shall conform to the latest requirements set forth by the Regional Water Quality Control Board, order R8-2010-0033. A list of approved site and source control BMPs may be found at the CASQA website http://www.cabmphandbooks.com/. 27. BMP Education. Within 90 days of project approval, the applicant shall obtain and distribute environmental awareness education materials on general good housekeeping practices that contribute to protection of stormwater quality to all employees. The applicant may obtain NPDES Public Educational Program materials from the District's NPDES Section by either the District's website: www.floodcontrol.co.riverside.ca.us, e-mail fcn pdes@co. riverside. ca. us, or the 10 toll free number 1-800-506-2555. Please provide Project name, number, and location of it. Note that there is a five-day minimum processing period requested for all orders. Within 120 days of Approval by the Planning Commission: 28. R-O-W DEDICATION — Within 90 days of project approval, in conformance to this condition of approval, upon City review and approval of legal description and plat, applicant shall be responsible of executing and recording the right-of- way deed document. NPDES 29. BMPs Installed. Within 90 days of project approval, all BMPs shall be constructed and installed in conformance with approved Site Control and Source Control BMP plans. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the plans and that copies of the approved BMPs are available for the future owners/occupants. The City will not release complete permit operation prior to the completion of these tasks. 30. BMP Maintenance. Within 120 days of project approval, a BMP Maintenance Plan shall contain maintenance provisions for all site and source control BMP's and shall be located on site at all times. The BMP Maintenance Plan shall identify the entity that will inspect and maintain all BMP's within the project boundaries. The BMP Maintenance Plan shall identify the life of the BMP and frequency of action with respect to each BMP. All BMPs shall be cleaned and maintained no later than October 151h each year. A copy of the BMP Maintenance Plan shall be submitted to the City for review and approval prior to the complete release of this permit. 11