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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).