Loading...
PC15-210Resolution PC 2015-210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2013-114 FOR "BELLANY" WIRELESS STEALTH COMMUNICATION TOWER SOUTH OF SCOTT ROAD AND WEST OF BAILEY PARK BOULEVARD (APN: 384-180-007) Whereas, on June 3, 2013, the applicant, Los Angeles SMSA LP dba Verizon Wireless, filed a formal application with the City of Menifee for a Conditional Use Permit for the construction and operation of a 70'-tall unmanned cell tower disguised as a faux water tank, 11'-6" x 16'-10Y2" equipment shelter, and 30kW backup generator within a 34'-8" x 34'-8" (8'-tall) block wall enclosure located south of Scott Road, west of Bailey Park Boulevard, north of Keller Road, and east of Zeiders Road, within the City of Menifee (APN 384-180-007) (the "Project"); and Whereas, pursuant to the requirements of the California Environmental Quality Act (CEQA) an Initial Study ("IS") and Mitigated Negative Declaration ("MND") have been prepared to analyze and mitigate the Project's potentially significant environmental impacts; and Whereas, on May 27, 2015, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Conditional Use Permit No. 2013-114, which hearing was publicly noticed by a publication in the Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 600 feet of the project boundaries, and to persons requesting public notice; and NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows Section 1. The above recitals are true and correct and adopted as the findings of the Planning Commission. Section 2. With regards to Conditional Use Permit No. 2013-114, the Planning Commission finds as follows: Consistency with the General Plan. The Conditional Use Permit is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The proposed construction and operation of the unmanned stealth cell tower and the installation of the additional ancillary equipment at the base of or within the tower are consistent with the existing General Plan land use designation of Economic Development Corridor (EDC) — Scott Road Subarea. The City is currently updating its zoning code by creating zoning classifications designed to implement the EDC General Plan land use designation. The most -current Draft version of the EDC zoning code would allow for "communication facilities/cell towers" with the approval of a Conditional Use Permit within the EDC — Scott Road Subarea. The EDC — Scott Road Subarea designation is envisioned as business park (light industrial and offices uses) and limited support commercial uses. According to the City's Municipal Code (Chapter 9.08), a wireless communication facility could occur within the City's commercial, industrial, and manufacturing land use zoning Resolution No PC 15-210 CUP 2013-114 May 27, 2015 classifications provided that the facility complies with the standards of the City's Planning and Zoning Code. Therefore, the Municipal Code allows for wire communication facilities within zones with allowable uses similar to those uses allowed under the EDC designation and the Draft EDC implementing zoning currently allows for the proposed use. In addition, the project is consistent with the following City of Menifee General Plan policies: • LU-3.1 - Work with utility providers in the planning, designing, and siting of distribution and support facilities to comply with the standards of the General Plan and Development Code. As discussed under Finding #1 above and Finding #2 below, the proposed Project has been planned, designed, and sited to comply with the standards of the General Plan and the Development Code LU-3.2 - Work with utility providers to increase service capacity as demand increases. The propagation maps for the Project demonstrated that implementation of the proposed wireless communication facility will fill in currently existing coverage gaps. Therefore, the proposed facility will increase service capacity and coverage to support increasing demand. LU-3.5 - Facilitate the shared use of right-of-way, transmission corridors, and other appropriate measures to minimize the visual impact of utilities infrastructure throughout Menifee. The Project has been designed to minimize the visual impact of the wireless communication facility by concealing the proposed antennas within a faux water tank and screening the ancillary ground equipment behind a split -face block wall and landscaping surrounding the block wall enclosure and behind a landscape planter running along the entire project street frontage. CD-1.1 - Enhance the City's identity through the use of distinct City graphics, such as the City Seal, in the design of gateways, street signs, city signage, public facilities and public gathering spaces, and other areas where appropriate. The faux water tank will include the City's logo and, because of the tower's location at the intersection of the 1-215 and Scott Road, the tower will serve as a gateway landmark for those entering the City from the south. As such, the faux water tank with this logo will enhance the City's identity to those traveling along Scott Road and 1-215. • CD-3.3 - Minimize visual impacts of public and private facilities and support structures through sensitive site design and construction. This includes, but is not limited to: appropriate placement of facilities; Resolution No PC 15-210 CUP 2013-114 May 27, 2015 undergrounding, where possible; and aesthetic design (e.g., cell tower stealthing). The wireless communication facility is proposed to be located at the rear of the property which will provide the greatest setback from adjacent public rights -of -way. The facility will be fully concealed (i.e., constructed as a stealth facility) by installing the antennas within a faux water tank. The ground equipment at the base of the tower would be screened by a split -face block wall enclosure and bordered by landscaping on all four sides. In addition, the Project proposes a minimum 5'-wide planter and decorative block wall pilasters and fencing along the entire property frontage to further screen the facility. Therefore, the potential visual impacts of the facility will be minimized. Therefore, the Project is consistent with the property's existing General Plan land use designation of EDC. 2. Consistency with the Zoning Code. The project site is zoned General Commercial (C-1/C-P). The City's Municipal Code (Chapter 9.08) allows for "stand alone [wireless communication] facilities" in all commercial zones with the approval of a Conditional Use Permit provided that they are disguised or concealed and the ground equipment is properly fenced. The proposed tower would be a stealth faux water tank designed to appear as though it were a typical water storage tank, but also designed to complement the architecture of the surrounding area. The ground equipment would be fully screened via an 8'-tall split -face block wall. The tower base would also be bordered by landscaping on all four sides. Therefore, the proposed wireless communication facility conforms to the requirements of the City Zoning Code and the City "Wireless Communication Facilities" ordinance (Chapter 9.08). 3. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The use is compatible with and provides adequate buffering from adjacent uses. The proposed stealth wireless communication tower would fully be concealed as a faux water storage tank. The architecture of the tower would appear to be similar to a typical water storage tank, using a similarly pitched conical metal roof, steel legs and catwalk, and a faux wood storage tank. The base of the tower would be located approximately 500 feet east and southwest of the nearest single-family residences; however, commercial businesses appear to be operating or were recently operating out of two (2) of the three (3) nearby residences. The ground equipment at the base of the tower would be screened by an 8'-0" split -face block wall enclosure and bordered by landscaping on all four sides. In addition, the Project proposes a minimum 5'-wide planter and decorative block wall pilasters and fencing along the entire property frontage. To the north and west are the back sides of shops within a commercial retail Resolution No PC 15-210 CUP 2013-114 May 27, 2015 shopping center (i.e., Shops at Scott). To the east is vacant land. To the south is a heavy-duty construction equipment and vehicle storage yard. The Project will be required to maintain the proposed landscape screening in a viable condition as a requirement under the Conditions of Approval. The City's Municipal Code (Chapter 9.08) allows a maximum height of seventy (70) feet for wireless communication facilities. The proposed tower measures seventy (70) feet tall and, therefore, complies with this standard. The City Municipal Code requires that facilities shall not be situated between the primary building on a parcel and any public or private street adjoining the parcel, so as to create a negative visual impact. The proposed tower lease area is proposed to be located at the rear property, 233'-7" from the future right-of-way line and no buildings are currently located on or are proposed to be located on the property at this time. In addition, the tower is partially screened from Scott Road and Zeiders Road by 26-tall existing commercial retail buildings within the Shops at Scott shopping center. The applicant shall obtain all required Building Permits from the City's Building and Safety Department. The proposed Project has been reviewed and conditioned by the City of Menifee Engineering and Building and Safety Departments and Riverside County Environmental Programs Department, Fire Department, Information Technology (RCIT) Department, and Department Environmental Health. Therefore, the Project will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. An Initial Study and Mitigated Negative Declaration (MND) have been completed for the proposed project and the MND has been adopted by the Planning Commission pursuant to Resolution PC 15-209. The Initial Study/MND did not identify any potentially significant impacts. Section 3. The Planning Commission of the City of Menifee hereby approves Conditional Use Permit No. 2013-114 subject to the Conditions of Approval Exhibit 1" to this Resolution. Resolution No PC 15-210 CUP 2013-114 May 27, 2015 PASSED, APPROVED AND ADOPTED this the 27th day 5marp5. Chris Thomas, Chairman Attest: en ifer Allen, Deputy City Clerk Approved as to form: Ajit THind, Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tern Wallace W. Edgerton Counciimember Greg August Councilmember Matthew Liesemeyer Counciimember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.6793843 www.cityofinenifeems 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. PC15-210 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 2711 day of May, 2015 by the following vote: Ayes: Doty, Phillips Karwin, Sobek, Thomas Noes: None Absent: None Abstain: None Z � ennlfer Allen, Deputy City Clerk EXHIBIT 66 1" Conditions of Approval for Conditional Use Permit No. 2013-114 "Bellany" Wireless Stealth Communication Tower Project Section I: Conditions Applicable to All Departments Section II: Planning Conditions of Approval Section III: Engineering/Grading/Transportation Conditions of Approval Section IV: Riverside County Fire Department Conditions of Approval Section V: Riverside County Environmental Health Conditions of Approval Section VI: Riverside County Environmental Programs Department Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Section Conditions Applicable to all Departments 2 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 General Conditions Project Description. Conditional Use Permit No. 2013-114 proposes the construction and operation of a 70'-tall unmanned cell tower disguised as a faux water tank, 11'-6" x 16'-10'/2" equipment shelter, and 30kW backup generator within a 34'-8" x 34'-8" (8'-tall) block wall enclosure. The project proposes four (4) antennas on three (3) sectors (total of twelve [12] antennas) which would be fully concealed within the faux water tank and installed at a height of 64'-0" (above ground level) (vertical centerline of antennas). The City's logo will be installed on the faux water tank. The walled enclosure would be accessed via a proposed 12'-wide gated access road which would connect to Bailey Park Boulevard. The site would include one (1) 9' x 18' parking pad located outside of the walled enclosure. The project site is located south of Scott Road, west of Bailey Park Boulevard, north of Keller Road, and east of Zeiders Road (APN 384-180-007). 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Minor Conditional Use Permit No. 2013-114 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2013-114, dated February 23, 2015. APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2013-114, dated February 23, 2015. APPROVED EXHIBIT C = Floor Plans and Elevations for Conditional Use Permit No. 2013-114, dated February 23, 2015. APPROVED EXHIBIT L = Landscaping Plans for Conditional Use Permit No. 2013-114, dated February 23, 2015. APPROVED EXHIBIT M = Color and Material Board for Conditional Use Permit No. 2013-114, dated February 23, 2015. 3of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellony" Wireless Stealth Communication Tower Project May 27, 2015 4. Ninety (90) Days to Protest. The project developer has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, c) the facility has failed to comply with any applicable federal standard, d) the operation fails to comply with the requirements of the City's Municipal Code (Chapter 9.08 — "Siting of Wireless Communication Facilities"), e) the facility (including the landscaping, hardscape or site has not been properly maintained or f) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. Expiration. This approval shall be used within two (2) years of the 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 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 in which to begin substantial construction or use of this permit. Should the one year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. 8. Comply with Ordinances. The development of these premises shall comply with the standards of Menifee Municipal Code, Ordinance No. 348, and all other applicable ordinances and State and Federal codes. 9. Building and Safety Department. Compliance with Department of Building and Safety directives and all required permits shall be obtained prior to establishment or continuation of the use. 4of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 10. Engineering Department. Compliance with Engineering Department directives and all required permits shall be obtained prior to establishment or continuation of the use. 11. Business Licensing. Every person conducting a business within the City of Menifee shall obtain a business license as required by the Menifee Municipal Code. For more information regarding business registration, contact the City Clerk. 5 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Section II: Planning Conditions of Approval 6 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 General Conditions 12. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District. 13. Ceased Operations. In the event the use hereby permitted ceases operation for a period of ninety (90) consecutive calendar days unless such cessation is due to natural disaster, in which case the expiration period for non-use shall be one (1) year, this approval shall become null and void. 13. Additional Review. Any expansion or intensification of the use will require review of the expanded or intensified use and potentially approval of additional land use entitlements prior to the commencement of such activity. 14. Interference. As allowed by law or regulation, if the operation of the facilities authorized by this approved Conditional Use Permit generates electronic interference with or otherwise impairs the operation of Riverside County or City of Menifee communication facilities, the applicant shall consult with Riverside County Information Technology staff and implement mitigation measures acceptable to the Riverside County Department of Information Technology and the City of Menifee. 15. Comply with. Geologic Report. The developer shall comply with the recommendations of the Geologic Report. County Geologic Report (GEO) No. 2385 was prepared by Geotechnical Solutions, Inc. for this project (CUP 2013-114) and is entitled: "Geotechnical Engineering and Geology report, Verizon Wireless, Bellany — LAX-286 at 33177 Bailey Park Boulevard, Menifee, California 92584", dated May 30, 2014. GEO No. 2385 concluded: 1. No fault is shown to be located on or near the site. 2. The potential for direct surface fault rupture are considered very remote. 3. The potential for liquefaction in unlikely. 4. Landslides or other forms of natural slope instability do not pose a hazard to the project. 5. Tsunamis do not pose a seismic risk hazard to the site. 6. Subsidence should not pose any significant safety hazard to the proposed development. GEO No. 2385 recommended: 1. The proposed 70-foot-high steel faux water tank may be supported by cast -in -place concrete caissons bearing into natural subgrade materials. 2. It is recommended that the minimum pier diameter should be 48 inches and should be extended to a minimum depth of 15 feet into native material. 7of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 16. Height. The antennas shall be fully concealed within the proposed faux water tank at a height of sixty-four (64) feet (above ground level) (measured at the vertical centerline of the antennas). The peak of the tower shall not measure more than seventy (70) feet in total height measures from existing ground surface below the center of the base of the tower to the top of the tower or from the top of the highest antenna or piece of equipment attached thereto, whichever is greater. 17. Outdoor Lighting. Any proposed outdoor lighting must be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the Dark Sky Ordinance (Ord. 2009-024 — Menifee Municipal Code Chapter 6.01) and the General Plan as adopted by the City. The wireless facility shall be unlit except for a manually operated or motion - detector controlled light above the equipment enclosure and shall be kept off except when personnel is present at night. This requirement is not intended to address interior structure lighting. 18. Equipment Cabinet Shielding. The ground equipment shall be located within the block wall enclosure and shall not be visible from public view. The site plan shows the block walls to be eight (8) feet tall with split -face block and a split -face cap. Changes in the above -listed materials shall be reviewed and approved by the Community Development Department prior to installation of the structures, or prior to repainting or refinishing of the structures. 19. Maintenance of Hardscape and Debris Removal. The telecommunications service provider (i.e., the wireless facility lessee) shall maintain support facilities (i.e., cleaning, painting and specifically the removal of graffiti immediately). The property owner shall agree to perform such maintenance to the extent the telecommunications service provider fails to do so. The property owner shall consent in writing to the City's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as repair or fence any support facilities which constitute a safety hazard and specifically consent to the city's ability to lien the property or place a lien on the tax roll for the repayment of such costs, plus interest, without any further notice thereof. 20. Abandoned Site. Any wireless communication facility that is not continuously operated for a period of ninety (90) days shall be conclusively deemed abandoned except when such non -operation is the result of natural disaster, in which case the period of time shall be 180 days (six months). The telecommunications service provider shall give written notice to the City at such time as use of the facility ceases. The telecommunications service provider shall have sixty (60) days after a notice of abandonment is mailed by the City to make the facility operable, replace the facility with an operable facility, or completely remove the facility and all supporting facilities and restore the site. The owner of the property in a safe manner shall remove and thereafter cause the site to be restored to its original condition (wear and tear excepted) within 180 days of the removal of the facilities. Alternatively, the carrier shall provide a letter of credit or cash deposit acceptable to the City which guarantees removal of all such 8 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellony" Wireless Stealth Communication Tower Project May 27, 2015 equipment and restoration of the property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust by the city for the express purpose of using the funds for removal of the equipment/facility. If the owner does not do so within that period of time, the City may remove or cause to be removed the wireless communication facility at the underlying property owner's expense and place a lien on the property for the cost of such removal as set out in the written consent provided by the property owner. If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it. 21. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the prior to building permit issuance landscaping install and inspected condition. 22. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association or individual property owner. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. 23. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Property Owner. 24. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the 9of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property so they are not subject to further disturbance in perpetuity. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council." 25.Inadvertent Paleontological Find. If paleontological materials are uncovered during grading or other earth -moving activities, the contractor shall be required to halt work in the immediate area of the find and retain a professional paleontologist to examine the materials to determine whether it is a significant paleontological resource. If this determination is positive, the resource shall be left in place, if determined feasible by the project paleontologist. Otherwise the scientifically consequential information shall be fully recovered by the paleontologist. Work may continue outside of the area of the find. However, no further work shall occur in the immediate location of the find until all information recovery has been completed and report concerning it filed with the Community Development Director. The applicant shall bear the cost of implementation of this mitigation. 26. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 10 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Prior to Grading Permit Issuance 27. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permitee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water weepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute pe3riod or more, so as to prevent excessive amounts of dust; 11 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 m. All haul trucks must have a capacity of no less than twelve and three- quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 28. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on - site during all ground -disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 29. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on -site during all ground -disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -mentioned Tribe and the land divider/permit holder for the 12of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 30. Non -Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 31. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 1.84 acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 32. Fees. Prior to the issuance of grading permits for PP 2013-114, the Community Development Department shall determine the status of the deposit based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. Prior to Building Permit Issuance 33. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 34. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. 35. Submit Building Plans. Prior to the issuance of a Building Permit, the permitee shall submit building plans with the City of Menifee Building and Safety 13of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Department. The building plans shall be in substantial conformance with APPROVED EXHIBIT A, B, C, L and M. Building and Safety will require the following items: 1. Plans shall be designed to the provisions of the 2013 edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2. Three (3) sets of plan drawings shall be submitted along with two (2) copies of structural and Title 24 Energy documentation. 3. All exterior lighting shall comply with Ordinance 2009-24, "Dark Sky Ordinance". 4. All exterior lighting shall fall within current commercial standards. 5. Separate plan submittal will be required by Riverside County Fire along with a formal transmittal issued by Building and Safety. 36. Elevations. Elevations of all structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. 37. Color and Materials. The colors and materials on all structures submitted for building plan check approval shall be in substantial conformance with that shown on APPROVED EXHIBIT M. 38. Floor Plans. Floor plans of all structures submitted for building plan check approval shall be in substantial conformance with that shown on APPROVED EXHIBIT C. 39. Signage. Prior to the issuance of building permits, the applicant or their successor - in -interest shall submit a copy of the sign that will be installed at the facility. That sign is required to have the following information: • Address of wireless communications facility and any internal site identification number or code; • Name(s) of company who operates the wireless communications facility; • Full company address, including mailing address and Division name that will address problems; • Telephone number of wireless communications facility company; and, • If a co -located facility (addition antennas and/or equipment shelters or cabinets) are added to an existing facility, an additional sign, including the above described information shall be installed on said shelter or cabinet stating the name of the company who operates the primary wireless communications facility and the name of the company that operates the co - located facility. 40. Waste Recycling Plan Approval. Prior to the issuance of building permits, a Waste Recycling Plan (WRP) shall be submitted to the Riverside County Waste Management Department for review and approval. At a minimum, the WRP must identify the materials (e.g., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities 14of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, two (2) bins: one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and soil waste disposal must be kept. Arrangements can be made through the franchise hauler. If you have any questions, please contact Ryan Ross (Principal Planner) at the Riverside County Waste Management Department at (951) 486-3200. 41. Landscape and Irrigation Plans. If substantial changes, as determined by the Community Development Director, to the landscaping shown on Approved Exhibit L are proposed, the permitee shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. 42. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. 43. Landscape Inspections. Prior to issuance of building permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre installation, installation, Six Month, and One Year Landscape Inspections. The amount of hours for pre installation, installation, Six Month, and One Year Landscape Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. 44. Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. Prior to Building Final Inspection 45. Final Planning Inspection. The permitee shall obtain final occupancy sign -off from the Planning Division for each Building Permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, 15of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 including compliance with the approved elevations, site plan, and landscaping plans, etc. The permitee shall have all required walls, landscaping and automatic irrigation installed and in good condition. 46. Verify City Logo. During the final inspection, the Planning Division shall verify that the City Logo shown on Approved Exhibit B has been applied to the faux water tank. The permittee shall ensure that the logo is applied to the faux water tank and substantially conforms to the logo presented on Approved Exhibit B. 47. Cell Tower Physical Condition. The tower itself, as well as the proposed landscaping, walls and lease area, shall be in good repair, including damaged or missing walls or landscaping, and/or any other apparent items needing repair. 48. Soil Management Plan. The permittee shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a Soil Management Plan?" 49. Landscape/Irrigation Install Inspection. The permittee landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre -landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. A One Year Post -Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 50. Landscape Installation. All required landscape planting and irrigation, including but not limited to onsite, shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 51. Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. 52. Waste Recycling Plan Compliance. Prior to issuance of an occupancy permit, evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved WRP shall be presented by the project proponent to 16 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 the Planning Division of the Riverside County Waste Management Department to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) material recycled. FEES 53. Fees. Prior to issuance of occupancy/final inspections, the Planning Division shall determine if the deposit -based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. 54. Ordinance No. 659 (Development Impact Fee) Fee. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the permittee shall comply with the provisions of Riverside County Ordinance No. 659 (hereinafter Ordinance No. 659), as adopted by the City which requires the payment of the appropriate fee set forth in the Ordinance. Ordinance No. 659 has been established to set forth policies, regulations and fees related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Ordinance, and it establishes the authorized uses of the fees collected. In the event Ordinance No. 659 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 659 be rescinded and superseded by a subsequent City mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 55. Ordinance No. 810 (Open Space) Fee. Prior to the issuance of a certificate of occupancy, or upon building permit final inspection prior to use or occupancy for cases without final inspection or certificate of occupancy (such as an SMP), whichever comes first, the permittee shall comply with the provisions of Riverside County Ordinance No. 810 (hereinafter Ordinance No. 810), which requires the payment of the appropriate fee set forth in the Ordinance. In the event Ordinance No. 810 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 17 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Section III: E nq i neeri nq/Transportation/ Grading Conditions of Approval 18of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 General Condition 56. 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. 57. Grading Permits. Any grading activity resulting in movement of dirt exceeding 50 cubic yards shall require a grading permit from the Public Works -Engineering Department. All grading shall conform to the latest adopted edition of the California Building Code, the Riverside County Ordinance 457 (adopted by the City upon incorporation), applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 58. Erosion Control Plans. All grading plans shall require erosion control plans approved by the Public Works -Engineering Department. Prior to Grading Permit Issuance 59. Dedication of Right of Way. Per the Engineering Department's comments, prior to issuance of building permits, the applicant shall ensure that the property owner dedicates an additional nine feet (9') of right-of-way (ROW) (half -width) on the west side of Bailey Park Boulevard. 19of27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Section IV: Riverside County Fire Department Conditions of Approval 20 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 General Conditions 60. West Fire Protection Planning Office Responsibility. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is noted above) is required on all correspondence. Additional information is available at our website: www.rvcfire.org go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, CA 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 61. City Case Statement. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognize fire protection standards 62. Tank Permits. Applicant and/or developer shall be responsible for obtaining aboveground fuel tank permit, from the Riverside County Fire Department and Environmental Health Department. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tank (s) shall meet the following standards: Tank must be tested and labeled to UL2085 Protected Tank Standard. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. Current plan check deposit base fee is $217.00 for the first Tank, each additional tank $32.00. 63. Auto/Man Gates. Gate(s) shall be automatic or manual operated, minimum 12 feet width, with a setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Current plan check deposit base fee is $126.00. Prior to Building Final Inspection 64. Extinguishers. Install portable fire extinguishers with a minimum rating of 2A- 1013C 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. Conditions of approval may change based on Conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and 21 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Fire hazards in the structure or on the premises from occupancy or operation. 22 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Section V: Riverside County Environmental Health Conditions of Approval 23 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "eellany" Wireless Stealth Communication Tower Project May 27, 2015 General Conditions 14. Future Restroom Facilities. Pursuant to the Riverside County Department of Environmental Health comment letter dated August 28, 2014, for any future restroom facility, the applicant shall contact the Department of Environmental Health for plan check compliance. No restroom facilities have been proposed or approved under this application. 65. Hazardous Materials Management Branch. The following shall apply for any proposed diesel emergency generator: a. A Business Emergency Plan (BEP) shall be submitted to the County of Riverside, Hazardous Materials Management Branch (HMMB). b. A concrete berm shall be installed around all diesel backup generators, especially those designed with single -walled tanks. c. If the fuel tank capacity is greater than or equal to 1,320 gallons, the facility shall be required to prepare a Spill Prevention Control and Countermeasure (SPCC) plan. The SPCC shall be written in compliance with Federal rules and regulations. d. If the generator is located indoors, all entrance doors shall be labeled with an NFPA 704 sign with the appropriate NFPA ratings. e. If the generator is located outdoors, the NFPA 704 sign shall be placed on the most -visible side of the fence, with the appropriate NFPA rations. f. The location and capacity of the "day tank", if proposed, shall be clearly identified in the chemical inventory and facility map section of the BEP. g. The business shall address the handling of spills and leaks in the Prevention, Mitigation, and Abatement sections of the BEP. In. If the generator is located in a remote site, HMMB shall conduct an inspection to -determine whether any exemption can be granted. Prior to Building Final Inspection 15. Business Emergency Plan (BEP). A condition shall be placed on the project indicating that this facility shall be required to submit a BEP to the Hazardous Materials Management Branch (HMMB) for review and acceptance prior to building final inspections. For further information please contact HMMB at (951) 358-5055. 24 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Section VI: Riverside County Environmental Programs Department Conditions of Approval 25 of 27 Conditions of Approval Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project May 27, 2015 Prior to Grading Permit Issuance 66. Nesting Bird Survey. Birds and their nests are protected by the Migratory Bird Treaty Act (MBTA) and California Department of Fish and Wildlife (CDFW) Codes. Since the project supports suitable nesting bird habitat, removal of vegetation or any other potential nesting bird habitat disturbances, shall be conducted outside of the avian nesting season (February 1st through August 311t). If habitat must be cleared during the nesting season, a preconstruction nesting bird survey shall be conducted. The preconstruction nesting bird survey must be conducted by a biologist who holds a current MOU with the County of Riverside. Surveys shall cover all potential nesting habitat areas that could be disturbed by each phase of construction. Surveys shall also include areas within 500 feet of the boundaries of the active construction areas. The biologist shall prepare and submit a report, documenting the results of the survey, . to the City of Menifee Community Development Department for review and approval. If nesting activity is observed, appropriate avoidance measures shall be adopted to avoid any potential impacts to nesting birds. END OF CONDITIONS 26 of 27