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
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(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).
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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
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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.
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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
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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.
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