PC11-085Resolution PC 11-85
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING PLOT PLAN NO.2011-031 FOR THE REICH DETACHED GARAGE
Whereas, in March of 2011, the applicant, Larry Heidler, filed a formal
application with the City of Menifee for Plot Plan No. 2011-031 and Variance No. 2011-
032 (the "Project") for the siting and construction of an accessory structure on the
property located at 29675 Watson Road, which would be larger than City Ordinance No.
2010-078 would allow. These application pertain to Assessor's Parcel Number (APN #)
327-310-059, which is ±38,929 square feet in size; and
Whereas, between May 27, 2011 and June 14, 2011, the notice of public hearing
was published in the North County Times; and,
Whereas, on June 14, 2011 the Planning Commission held a duly noticed public
hearing on the Project, 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, notice to property owners within
300 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 structure is allowed in the General Plan Land Use
category of Rural Community — Very Low Density Residential (RC — VLDR), as well as
being allowed in the Light Agricultural Zone — 1 acre minimum lot size (A-1-1); and
Whereas, the siting of the structure are within the allowed setbacks, rear yard
coverage requirements of City Ordinance No. 2009-078; and
Whereas, the size of the structure and the height of the structure are outside of
the limits of City Ordinance No. 2009-78, but are allowed with the approval of Variance
No. 2011-031; and
Whereas, the siting of the structure is designed for the protection of the public
health, safety and general welfare and conform to the logical development of the land
and to be compatible with the present and future logical development of the surrounding
property, in that the structures conform to the zoning standards for the area and for the
type of structures; and
Whereas, the allowance of the detached accessory building does not require the
location and need for dedication and improvement of necessary sidewalks; and
Whereas, the allowance of the siting of the structure did take into account
topographical and drainage conditions, in that the City Enginering 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. PC 11-085
Conditional Use Permit No. 2011-031
2. City of Menifee Case Conditional Use Permit Number 2011-031 is approved,
subject to the Conditions of Approval as approved by the Planning Commission
on June 28, 2011
PASSED, APPROVED AND ADOPTED this h u
Chris Thomas, Chariman
Attest:
ennifer Allen, Planning Commission Secretary
Wallace W. Edgerton
Mayor
Fred Twyman
Vice Mayor
John V. Denver
Councilmember
Darcy Kuenzi
Councilmember
Thomas Fuhrman
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 95i•679.3843
,vww.cityofinen ifee. 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. 11-085 was duly adopted by the
Planning Commission of the City of Menifee at a meeting thereof held on the 28th
day of June, 2011 by the following vote:
Ayes: Liesemeyer, Matelko, Miller, Zimmerman, Thomas,
Noes: None
Absent: None
Abstain: None
ennifer Allen, Planning Commission Secretary
CONDITIONS OF APPROVAL
2011-031 Reich Accessory Structure
General
Project Description. Plot Plan No. 2011-031 proposes the construction of a
2,400 square detached accessory garage with a height of 21 feet, 8 inches on a
38,929 square foot residential property located at 29675 Watson Road. The
property currently contains a 2,692 square foot residence.
2. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2011-031 shall be henceforth defined as
follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2011-031 dated June
14, 2011.
APPROVED EXHIBIT B = Elevations for Plot Plan No. 2011-031 dated
June 14, 2011.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2011-031 dated
June 14, 2011.
APPROVED EXHIBIT D = Colors for Plot Plan No. 2011-031 dated June
14, 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 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 2011-031 and Variance No. 2011-32.
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.
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 9.3.020 (i), as modified by the approval of Variance No. 2011-032,
regarding the structure height limit of 21 feet, 8 inches. Said height shall be
measured from the adjacent finished ground.
14. No Bare Metal Structures. The construction drawings shall indicate that the
accessory structures shall be painted consistent with approved Exhibit B. The
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 for Construction. 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 Durinq Demolition Gradinq & 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 (MILD). 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 Buildinq 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. 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.
27. 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.
Prior to Final Inspection
28. 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.
29. 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.
30 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);
Multi -Species Habitat Conservation Plan fee (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).
Homeland / Romoland Area Drainage Plan (ADP) fees, including Line A
Subwatershed fee; and
Engineering Conditions
31. 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.
General Engineering Conditions
32. Construction Times of Operation. Any construction within the City limits
located 1/4 of a mile from an occupied residence shall be limited to the hours of
6:30 a.m. to 7:00 p.m., Monday through Saturday, except on nationally
recognized holidays in accordance with Municipal Code Section 8.01.020.
Construction on Sunday or nationally recognized holidays are not permitted
unless prior approval is obtained from the City Building Official or City Engineer.
33. 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.
34. Concrete Work — All concrete work including curbs, gutters, sidewalks,
driveways, cross gutters, catch basins, manholes, vaults, etc. shall be
constructed with concrete having a 24 day minimum strength of 3,250 psi.
Prior to Grading Permit Issuance
35. General Grading Conditions - All grading shall conform to the latest edition of
the latest adopted edition of the California Building Code, City General Plan,
Ordinance 457 and all other relevant laws, rules and regulations governing
grading in the City Ordinance 457 requires a grading permit prior to clearing,
grubbing, or any top soil disturbances related to construction grading notice:
Operators of construction projects are required to comply with the National
Pollutant Discharge Elimination System (NPDES) Construction Permit from the
State Water Resources Control Board (SWRCB). The Construction Permit
requirement applies to this project and the applicant may obtain compliance by
electronically submitting a Notice of Intent (NOI) and monitoring plan for the
construction site. For additional information and to obtain a copy of the NPDES
state construction permit, contact SWRCB.
36. Erosion Control - Graded but undeveloped land shall provide, in addition to
erosion control planting, any drainage facilities deemed necessary to control or
prevent erosion. Erosion and sediment control BMPs are required year round in
compliance with the State Water Resources Control Board (SWRCB) General
Construction Permit. Additional erosion protection may be required during the
rainy season from October 15 to April 15
37. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness
ratio of 2:1 (horizontal to vertical) unless otherwise approved. Slopes shall be
contour graded and be less than 2:1 where possible to produce a natural
appearance.
38. Drainage Grade - Minimum drainage design grade shall be 1 % except on
Portland cement concrete surfaces where 0.5% shall be the minimum. The
engineer of record must submit a variance request for design grades less than
1 % with a justification for a lesser grade.
39. Drainage Facilities and Terracing - Provide drainage facilities and terracing in
conformance with Section J109 of the California Building Code.
40. Perpetual Drainage Patterns - The property's grading shall be designed in a
manner that perpetuates the existing natural drainage patterns with respect to
tributary drainage area, outlet points and outlet conditions; otherwise, a drainage
easement shall be obtained from the affected property owners for the release of
concentrated or diverted storm flows. A copy of the recorded drainage easement
shall be submitted to the District for review.
41. General Grading Introduction - Improvements such as grading, filling, over
excavation and recompaction, and base or paving which require a grading permit
are subject to the included City Grading conditions of approval.
42. Geotechnical and Soils Reports Submittals - All grading shall be done in
conformance with the recommendations of the included geotechnical/soils
reports and under the general direction of a licensed geotechnical engineer.
Geotechnical/soils reports shall be submitted to the City Engineering Department
for approval prior to issuance of a grading permit. All grading shall be in
conformance with the recommendations of the geotechnical/soils reports as
approved by the City. The geotechnical/soils, compaction and inspection reports
will be reviewed in accordance with the Riverside County Geotechnical
Guidelines for Review of Geotechnical and Geologic Reports. A pregrading
meeting, certifications, approvals and inspection procedures will be implemented
per the City Building and Safety Grading Inspection process.
43. Grading Permit for Clearing and Grubbing — County of Riverside Ordinance
457 requires a grading permit prior to clearing, grubbing, or any top soil
disturbances related to construction grading.
44. Slope Erosion Control Plan - Erosion control - landscape plans, required for
manufactured slopes greater than 3 feet in vertical height, are to be signed by a
registered landscape architect and bonded per the requirements of Ordinance
457.
45. Grading Bonds - Grading in excess of 199 cubic yards will require performance
security to be posted with the City Engineering Department.
46. Import/Export - In instances where a grading plan involves import or export,
prior to obtaining a grading permit, the applicant shall have obtained approval for
the import/export location from the City Engineering Department. Additionally, if
either location was not previously analyzed by an Environmental Assessment,
prior to issuing a grading permit a Grading Environmental Assessment shall be
submitted to the City Engineering Department for review and comment and to the
Menifee City Engineer for approval. A haul route must be submitted and
approved by the Engineering Department prior to grading operations.
47. Plan Submittals - Two (2) copies of the, grading plans and any other necessary
documentation along with supporting hydrologic and hydraulic calculations shall
be submitted to the City Engineering Department for review. The plans shall
receive City approval prior to issuance of grading permits. All submittals shall be
date stamped by the engineer and include the appropriate plan check deposits.
All large format plans shall be bulk folded to 9"x12". A CD of all items shall be
submitted with each plan check. A scanned image of the final approved
improvement plans shall be provided to the City. ACAD files 2004 or later are
required for all final maps upon approval.
48. Site Drainage - Positive drainage of the site shall be provided, and water shall
not be allowed to pond behind or flow over and 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. Final determination of the foundation
characteristics of soils within on -site development areas shall be performed by a
geotechnical engineer unless otherwise approved by the Building and safety
Department
49. Grading Conditions - The property applicant shall obtain a grading permit and
approval to construct from the City Engineering Department. The applicant's civil
engineer shall provide the standard City of Menifee rough grade certification form
prior to issuance of building permit for each building. The applicant's
geotechnical engineer shall submit compaction reports with 90% or better prior to
building permit issuance.
50. Conform to Elevations/Geotechnical Compaction - Rough Grade Elevations
of all building pads and structure pads submitted for grading plan check approval
shall be in substantial conformance with the elevations shown on the approved
Grading Plans. The appropriate Engineer -of -Record Rough Grade Certification
shall be submitted for verification/acceptance to the City Engineering
Department. The appropriate Engineer -of -Record Compaction Testing
Certification meeting compliance with the approved project geotechnical/soils
report shall be submitted for verification/acceptance to the City Engineering
Department.
Prior to Certificate of Occupancy
51. Conform to Elevations - Final Grade Elevations of all building finish floors and
structure finish floors submitted for grading plan check approval shall be in
substantial conformance with the elevations shown on the approved Grading
Plans. The appropriate Engineer -of -Record Final Grade Certification shall be
submitted for verification/acceptance to the City Engineering Department.
52. Final Grade Certification — The applicant's civil engineer shall provide the
standard City of Menifee final grade certification form prior to certificate of
occupancy of each building.
53. Plant and Irrigated Slopes - Plant and irrigate all slopes greater than or equal to
3' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical
height are to be provided with shrubs and/or trees per County Ordinance 457.
Drip irrigation shall be used for all irrigated slopes.
54. BMP Education. The applicant shall obtain environmental awareness education
materials on general good housekeeping practices that contribute to protection of
stormwater quality. 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 fcnpdes@co.riverside. ca. us,
or the toll free number 1-800-506-2555. Please provide Project number, number
of units and location of development. Note that there is a five-day minimum
processing period requested for all orders.
Building and Safety Conditions
Prior to Building Permit Issuance
55. Submit three (3) sets of complete plans designed under the provisions of the
2010 edition of the California Building Codes.
56. Plans shall consist of Architectural, Structural details and calculations designed,
stamped, and signed by a licensed Engineer, electrical single line drawing and
load calculation, plumbing single line drawing (if applicable).