PC11-087Resolution PC11-087
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PUBLIC USE PERMIT NO. 2011-065 FOR THE LEARNING TREE
PRESCHOOL MODULAR CLASSROOMS
Whereas, in May of 2011, the applicant, Learning Tree Preschool, filed a formal
application with the City of Menifee for Public Use Permit No. 2011-065 (the "Project")
for the siting and construction of two modular classrooms for the Learning Tree
Preschool on the property (the "Proposed Structures") located at 26704 Murrieta Road
Road. This application pertains to Assessor's Parcel Number (APN #) 331-040-042,
which is ±4.67 acres in size (the "Property"); and
Whereas, on September 2, 2011, the notice of public hearing was published in
the North County Times; and
Whereas, on September 13, 2011 the Planning Commission held a duly noticed
public hearing on the Project, considering 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, through an agenda posting and
through notice given to property owners within 600 feet of the Project boundaries; and
Whereas, the siting and structure conforms to all requirements of the Menifee
General Plan (the Riverside County General Plan, as adopted by the Menifee Planning
Commission) and to all applicable requirements of state law and the ordinances of
Menifee (the Riverside County ordinances, as adopted by the Menifee Planning
Commission), in that the siting and structures are allowed in the General Plan Land Use
category of Community Development — Medium Density Residential (RD: MDR), as well
as the One Family Dwellings Zone (R-1); and
Whereas, the siting of the Proposed Structure is within the allowed setbacks and
rear yard coverage requirements of City Ordinance No. 348; and
Whereas, the siting of the Proposed Structure is designed for the protection of
the public health, safety and general welfare, conforms to the logical development of the
land and is compatible with the present and future logical development of the
surrounding property, in that the Proposed Structure conforms to the zoning standards
for the area and for the type of structures and is a common type of structure found in the
area and enjoyed by various surrounding property owners; and
Whereas, the allowance of the modular classroom buildings do not require the
location and need for dedication and improvement of necessary sidewalks; and
Whereas, the allowance of the siting of the Proposed Structure did take into
account topographical and drainage conditions, in that the City Engineering Department
has reviewed the request and has provided special conditions of approval related to
drainage.
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.
Resolution No. PC11-087
Public Use Permit No. 2011-065
2. City of Menifee Case Public Use Permit Number 2011-065 is approved, subject
to the Conditions of Approval as approved by the Planning Commission on
September 13, 2011
PASSED, APPROVED AND ADOPTED this 13th day of Sept� 2011.
ris Thomas, Chairman
Attest:
J,01fi' nifer Allen, Planning Commission ecretary
Approved to form:
Karen Feld, City Attorney
C -ryo Jk
MENIFEE! jl
0-4
Wallace W. Edgerton
Mayor
John V. Denver
Mayor Pro Tem
Darcy Kuenzi I
Councilmember
Thomas Fuhrman
Councilmember
Sue Kristjansson
Councilmember i
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 95i•679.3843
www.cityofinenifee.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. PC11-087 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
131h day of September, 2011 by the following dote:
Ayes: Liesemeyer, Matelko, Miller, Zimmerman, Thomas
Noes: None
Absent: None
Abstain: None
Je I nifer Allen, lanning Commission Secretary
CONDITIONS OF APPROVAL
2011-066 Learning Tree Day are
General
Project Description. Public Use Permit No. 2011-065 proposes the expansion
of the Learning Tree Day Care that currently operates within Saint Stephen's
Episcopal Church building to two modular structures to be placed on the church's
grounds. Each modular would be approximately 960 square feet, and would
contain class rooms and restrooms in compliance with State of California
requirements. Ancillary actions to the installation of the two modular structures
include:
1) the expansion of the children' play area from approximately 3,355
square feet to approximately 7,455 square feet.
2) The connection of the two modular structures to sewer lines that are
within the eastern portion of the church property.
3) The replacement of the chain link fences surrounding the pay area
with wrought iron fencing.
2. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Public Use Permit No. 2010-158 shall be henceforth
defined as follows:
APPROVED EXHIBIT A = Site Plan for Public Use Permit No. 2011-065
dated August 23, 2011.
APPROVED EXHIBIT B = Floor Plans for Public Use Permit No. 2011-065,
dated August 23, 2011.
APPROVED EXHIBIT C = Elevations for Public Use Permit No. 2011-065,
dated August 23, 2011.
APPROVED EXHIBIT P = Play Area exhibit for Public Use Permit No. 2011-
065, dated August 23, 2011.
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 Public Use Permit or the City's and County's approval thereof, or from
any proceedings against or brought against the City or County, or any agency or
instrumentality thereof, or any of their officers, employees and agents, to attack,
set aside, void, annul, or seek monetary damages resulting from an action by the
City or County, or any agency or instrumentality thereof, advisory agency, appeal
board or legislative body including actions approved by the voters of the City,
concerning Public Use Permit 2011-065, Learning Tree Preschool.
4. Zoning Compliance. The development of these premises shall comply with the
R-1 zoning standards of Ordinance No. 348 and all other applicable Riverside
County or City of Menifee ordinances and State and Federal codes.
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 Public Use Permit. 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 Public Use Permit be initiated within five (5)
years of the effective date of the issuance of this Public Use Permit, this Public
Use Permit shall become null and void.
6. Hours of Operation. The facility may be open from 7 a.m. to 6 p-m., Monday
through Friday, excluding holidays.
7. Licensing and Inspections. It is the responsibility of the applicant to achieve
and maintain all requisite permits and licensing, such as from the County
Department of Environmental Health and the California Department of Education.
8. Ceased Operations. Should this use cease operations for a period of six
months, then this permit shall be considered null and void.
9. Ongoing Operations. The operations of the facility shall be limited to the area
as designated on Exhibit A.
10. Parking. The requirements for parking for'this project and other activities on the
property are established per Section 18.12.a.(2) as follows:
Churches, chapels, and other places of religious worship: 1 space / 35 net
assembly area used simultaneously for assembly purposes. (1,450 square feet /
35 square feet = 42 spaces)
Pre -Schools: 1 space / 500 square feet of gross floor area: (1,920 square feet /
500 square feet = 4 spaces for Learning Tree Pre -School).
Child Care: 1 space / 500 square feet of gross floor area: (2,178 square feet /
500 square feet = 5 spaces for Casa De Paz Child Care).
Convalescent Care: 1 space / 3 employees + 1 space / 3 beds + 1 space /
vehicle owned by the institution: (12 employees / 3 = 4 spaces + 16 beds / 3 = 6
spaces + 1 car owned by institution)
42 spaces for the church + 4 spaces for Learning Tree + 5 spaces for Casa De
Paz Child Care + 4 spaces for the employees of Casa De Paz + 6 spaces for the
residences of Casa De Paz, + 1 car owned by the institution = 62 spaces. 65
spaces are provided.
11. Other City Codes. The project shall conform to all other regulations and
ordinances of the City of Menifee. Ordinances & Laws Compliance -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.
12. Property Maintenance. The site shall be maintained in a graffiti -free state at all
times. Existing graffiti located on the site shall be removed within 48 hours at the
expense of the property owner.
13. Subsequent Review. No expansion of the site or the use shall occur without
subsequent reviews and approvals from the Planning Department before such
expansion.
14. No Billboards. No billboards are allowed on the property.
15. ADA Compliance. The project shall conform to all disabled access
requirements in accordance with the State of California, Title 24, and Federal
Americans with Disabilities Act (ADA), as applicable.
16. 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 75 db(A), 10-minute LEQ, at the project boundaries. 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.
Prior to Issuance of Permits for Gradina
17. 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.
18. Fencing. A fencing plan shall be submitted showing all wall and fence locations
and typical views of all types of fences or walls proposed. This plan shall require
anti -graffiti coatings on fences and walls, where applicable.
All Times During Demolition. Grading & Construction
19. 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.
20. 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.
21. 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 5183.98. 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.
22. 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.
23. 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).
24. 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
25. Approved Plans. The project shall be developed in substantial conformance with
the Exhibits A and B. Any deviation shall require the appropriate Planning
Department review and approval in advance of implementation.
26. Fees. Prior to issuance of building permits, the Planning Department shall
determine if the deposit based fees for the project are in a negative balance. If
so, any outstanding fees shall be paid by the applicant/developer prior to
issuance of any building permits.
Prior to Final Inspection
27. Inspection. The Planning Department shall inspect the building addition to
insure that the structure exterior matches those that were submitted per
Condition of Approval No. 25.
28. Development Fees. Prior to the final occupation of each building, the applicant
shall pay the following fees to the City of Menifee:
Related statutory school district fees in effect at the time of payment;
Open Space Mitigation fees (Ordinance No. 810);
Stephen's Kangaroo Rat Habitat Conservation mitigation fee (Ordinance No.
663);
All Development Impact Fees (DIF) in effect at the time of payment (Ordinance
No. 659), which include Traffic Signal Mitigation fees.
Riverside County Transportation Uniform Mitigation West fees (TUMF) in effect
at the time of payment (Ordinance No. 824).
29. Fees. Prior to final inspection or occupancy, the Planning Department shall
determine if the deposit based fees for the project are in a negative balance. If
so, any outstanding fees shall be paid by the applicant/developer prior to final
occupancy or inspection.
30. Utilities. All utility facilities attached to buildings, including meters and utility
boxes, shall be painted to match the wall of the building to which they are affixed.
These facilities shall also be screened from the public right-of-way by
landscaping.
31. Improvements. All required off -site and on -site improvements shall be completed
and functioning, including undergrounding of utilities, unless otherwise approved by
the City. A certificate should be obtained from the pertinent utility company and
submitted to the Public Works Department as proof of completion for the utilities.
32. 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, or as otherwise approved by the Planning Director.
Engineering Conditions of Approval
Prior to the Issuance of Building Permits
33. ADA. Provide ADA paths from the proposed modular structures to the existing parking
lot and buildings.
Building and Safety Conditions of Approval
Prior to Building Permit Issuance
34. Plans. Plans shall be designed to the provisions of the 2010 California Building,
Mechanical, Electrical and Plumbing, Energy and Green Codes.
35. Restrooms. Restroom facilities will be required to be clearly indicated on plans
submitted for plan review.
36. Building Plans. Three (3) sets of plan drawings shall be submitted along with
two (2) copies of structural and Title 24 Energy documentation.
37. Precise Grade. Three (3) sets of precise grading plans shall be submitted at
time of building plan review submittal. Showing all disabled access paths of
travel and site accessibility features and details.
38. Lighting. All exterior lighting shall comply with Ordinance No. 2009-24, "Dark
Sky Ordinance."
Fire Department Conditions of Approval
General Conditions
39. Blue Dot Reflector. Blue retro reflective pavement markers shall be mounted
on private street, public streets and driveways to indicate location of fire
hydrants. Prior to installation, placement of markers must be approved by
Riverside County Fire Department. More information is available at our office.
40. Min Req Fire Flow. Minimum required fire flow shall be 1500OPM for two hours
duration at 20 PSI residual operating pressure, which must be available before
any combustible material is placed on the job site. Fire flow is based on type VB
construction.
41. Super Fire Hydrant. Super fire hydrant (s) (6" x 4" x 2 .") shall be located not
less than 25 feet or more than 250 feet from any portion of the building as
measured along approved vehicular travel ways.
Prior to Buildinq Permit Issuance
42. Bldg Plan Check. Building plan check deposit fee of $1,056.00 per building
shall be paid in a check or money order to the Riverside County Fire Department
along with our "Plan Review Form" when plans have been reviewed by our office.
43. Water Plans. The applicants or developer shall separately submit two copies of
the water system plans to the Fire Department for review and approval.
Calculated velocities shall not exceed 100 feet per second. Plans shall conform
to the fire hydrant types, location and spacing. The system shall meet the fire
flow requirements. Plans shall be signed and approved by a registered civil
engineer and the local water company with the following certification; "l certify
that the design of the water system is in accordance with the requirements
prescribed by the Riverside County Fire Department."
Prior to Building Permit Final Inspection
44. Fire Lanes. The applicant shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane painting
and/or signs.
45. Auto/Man Fire Alarm. Applicant or developer shall be responsible to install a
manual and automatic Fire Alarm System. Plans must be submitted with our
"Plan Review Form" to the Fire Department for approval prior to installation.
(Current plan check deposit base fee $627.00)
46. Extinguishers. Install portable fire extinguishers with a minimum rating of 2A-
IOBC and signage. Fire Extinguishers located in public areas shall be in
recessed cabinets mounted 48" (Inches) to center above the floor level with
Maximum 4" projection from the wall. Contact Fire Department for proper
placement of equipment prior to installation_
47. Title 19. Comply with Title 19 of the California Administrative Code.
County Environmental Wealth Conditions of Approval
Prior to Building Permit Issuance
48. Sewer Connection. The two proposed modular classroom structures must
connect immediately.
49. Existing Church. The existing church can remain connected to the its dedicated
onsite wastewater treatment system (OWTS) until Learning Tree Preschool has
raised the necessary funds to connect the church building to EMWD's sanitary
sewer system, or until the church's existing OWTS is in need of repair, whichever
comes first.