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
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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.
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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.
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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.
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Conditions of Approval
Conditional Use Permit No. 2013-114 — "Bellany" Wireless Stealth Communication Tower Project
May 27, 2015
Section II:
Planning Conditions of Approval
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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.
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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
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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
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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.
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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;
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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
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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
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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
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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,
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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
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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.
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Section III:
E nq i neeri nq/Transportation/
Grading Conditions of Approval
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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.
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Section IV:
Riverside County Fire Department
Conditions of Approval
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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
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Fire hazards in the structure or on the premises from occupancy or
operation.
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Section V:
Riverside County Environmental
Health Conditions of Approval
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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.
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Section VI:
Riverside County Environmental
Programs Department
Conditions of Approval
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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
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