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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.