PC20-484RESOLUTION NO. PC 20.484
A RESOLUTION OF THE PLANNING GOMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO.2O19-016 ATT MENIFEE WIRELESS COMMUNICATION FAG!LITY
LOCATED AT THE EASTERN MUNICIPAL WATER DISTRICT PUMP
STATION AT 30245 SCOTT ROAD, CrTy OF MENTFEE (ApN 472-010-
010)
WHEREAS, on January 17,2019, AT&T Wireless applied to the City of lrlenifee
for the approval of a Conditional Use Permit for the construction of a new wireless
communication facility that will be concealed "stealth" as a 70' faux water tank, located
within a 1,816 square foot lease area, on 0.87 gross acres; and
WHEREAS, on February 26, 2020, the Planning Commission of the City of
Menifee held a public hearing on Conditional Use Permit No.2019-016, considered all
public testimony as well as materials in the staff report and accompanying documents,
which a 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 500 feet of the project boundaries, and to persons requesting public notice; and,
NOW, THEREFORE BE lT RESOLVED, that the Planning Commission of the
City of Menifee make the following Findings:
Section 1: Gonsistency with the General Plan. The Conditional Use Permit is
consisfenf with the General Plan Land Use Map and applicable General
Plan objectives, policies, and programs.
Consistencv with General Plan
The General Plan land use designation for the subject parcel is Rural
Residential, Five-acre Minimum (RRs). The land use designation is intended
for single-family residential communities.
The proposed construction and operation of unmanned wireless
communication facilities are allowed within the residential zones on
properties that do not contain a residential use when concealed or disguised
per the City's Wireless Communications Facilities code.
The Project proposes a 70-foot-tall, concealed "stealth" faux water tank
located at the EMWD Pump Station on south side of Scott Road. The
property contains no residential use. Because the wireless communication
facility site does not contain any residential use and will be disguised, it is an
allowed use with approval of a Conditional Use Permit.
Goal: LU-3: A full range of public utilities and related services that provide
for the immediate and long term needs of the community.
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.
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The proposed Project has been designed, and sited to comply with the
development standards of the zone, and General Plan guidelines.
EMDW Pump Station Wireless Communications Facility
February 26,2020
a
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LU-3.2 - Work with utility providers to increase seruice capacity as
demand lncreases.
The propagation maps for the Project demonstrated that implementation of
the proposed wireless communication facility will fill in existing gaps in
coverage. Therefore, the wireless facility will provide an increase in
coverage where lacking and will support growing demand.
CD-3.3 - Minimize visual impacts of public and private facilities and
support structures through sensdrve sife desrgrn and construction. This
includes, but not limited to: appropriate placement of facilities;
undergrounding, where possib/e; and aesthetic design (e.9., cell tower
stealthing).
The wireless communication facility is proposed to be located at the EMWD
Pump Station on the south side of Scott Road outside of the ultimate road
right-of-way. The wireless facility proposes to be concealed as a faux water
tank, which would appear consistent with the EMWD Pump Station facility.
The features and architectural design will consist of dark brown earth tones
and the faux water tank will have the appearance of faux wood slats. The
platform will be located behind the perimeter wall and painted brown to
provide consistency and minimize visual impacts to Scott Road and nearby
single family residential.
Consistencv with the Multiple Species Habitat Conservation Plan (MSHCP)
The City of Menifee has two (2) active conservation plans within the City's
boundary, the Western Riverside County MSHCP, and the Stephens'
Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is
within the jurisdiction of the SKR-HCP and the Western Riverside County
MSHCP. The project site is located inside the Stephen's Kangaroo Rat
(Dipodomys stephensi) (SKR) Fee Area, but not subject to fee payment as
determined by RCHCA. The proposed project is located within the
boundaries of the Western Riverside County Multiple Species Habitat
Conservation Plan; however, the project is not located with a Criteria Cell or
Cell Group, and the project area is developed/disturbed. The prolect is not
subject to the payment of fees consistent with Riverside County Ordinance
No. 810.2 as adopted by the City of Menifee. Therefore, the project would
not conflict with the provisions of the adopted HCP, Natural Conservation
Community Plan, or other approved local, regional, or State conservation
plan and the impact is considered less than significant.
Therefore, the project is consistent with the General Plan, and applicable
General Plan objectives, policies, and programs.
Section 2: Consisfency with the Zoning Code. Consistency with the Zoning Code.
The projecf rs conslstent with the zone designation map, and applicable
development standards within the zone designation:
The Project site is zoned Rural Residential (RR) (5 Acre Minimum),
However, this project was deemed complete prior to the current zoning
designation becoming effective and was, therefore, reviewed under the
EMDW Pump Station Wireless Communications Facility
February 26,2020
previous zoning designation for the site, Light Agriculture - 5 Acre lvlinimum
(A-1-5) and under the previous Siting of Wireless Facilities code (Section
9.08). The project was also reviewed against the current Wireless
Communication Facilities code (Section 9.290) for consistency. lt was
determined the project is also consistent with the currently Wireless
Communication Facilities (Section 9.290) code.
The City's Municipal Code Section 9.08 allows for concealed wireless
communication facilities in residential zones where non-residenfral uses
exist with the approval of a Conditional Use Permit, provided they are
consisfenf with architectural and aesthetic integration, height and other
similar factors.
The proposed faux water tank proposes to be concealed "stealth" and will be
located at the EMWD pump station within the existing 8-foot-tall perimeter
wall, which will provide screening for all ground equipment for the proposed
wireless facility and trees and shrubs will be added to the exterior of the
perimeter wall to reduce the visual impact of the faux water tank. ln addition,
the design of the Project will also accommodate co-location for other service
providers.
The Wireless Communication Facilities (Section 9.290) code also allows for
the development of wireless communication facilities in rural and residential
zones, similar to the previous municipal code, as long as the facility is
disguised or concealed and the property does not contain a residential use.
The Project meets the requirements as they relate to Section 9.08 of the
City's Municipal Code.
Section 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 rn the project
vicinity.
The use is compatible with and provides adequate buffering from adjacent
properties. The proposed wireless communication facility will be located on a
0.87-acre lot behind the perimeter block wall of the existing EMWD pump
station. Existing residences are located on the north side of Scott Road, also
behind a perimeter block wall. Although residences are located within the
vicinity of the proposed wireless facility, the closest residence is 180 feet
away from the project site. There is vacant property to the east, west and
south of the subject site. ln addition, the wireless facility will be concealed as
a faux water tank with the antennas and other components located inside
the tank structure and associated ground equipment fully screened within
equipment cabinets behind a perimeter wall.
The applicant shall obtain all required Building Permits from the City's
Building and Safety Department. The proposed Project has been reviewed
and conditioned as necessary by the City of Menifee Engineering, Building
and Safety, Fire Departments and Riverside County lnformation Technology
Department. 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.
EMDW Pump Station Wireless Communications Facility
February 26,2020
Section 4: Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
The proposed use has been determined to be Categorically Exempt under
the California Environmental Quality Act (CEQA) and CEQA Guidelines,
Section 15303 ("New Construction or Conversion of Small Structures"). This
section consists of construction and location of limited numbers of new,
small facilities or structures; installation of small new equipment and facilities
in small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of
the structure. The numbers of structures described in this section are the
maximum allowable on any legal parcel. Examples of this exemption include
but are not limited to: (c) A store, motel, office, restaurant or similar structure
not involving the use of significant amounts of hazardous substances, and
not exceeding 2,500 square feet in floor area. ln urbanized areas, the
exemption also applies to up to four such commercial buildings not
exceeding 10,000 square feet in floor area on sites zoned for such use if not
involving the use of significant amounts of hazardous substances where all
necessary public services and facilities are available and the surrounding
area is not environmentally sensitive (d) Water main, sewage, electrical,
gas, and other utility extensions, including street improvements, of
reasonable length to serve such construction.
The proposed project is for a new wireless communication facility concealed
"stealth" as a 7O-foot tall faux water tank located at the EMWD Pump Station
on Scott Road. The proposed faux water tank is a structure that does not
involve significant amounts of hazardous substances and does not exceed
2,500 square feet in floor area as the project only includes 1,816 square feet
of floor area (faux water tank and lease area combined). Therefore, the
project is exempt per Section 15303, "New Construction or Conversion of
Small Structures," of the CEQA Guidelines.
ln addition, the project site is not included on a list of hazardous materials
sites compiled pursuant to Government Code Section 65962.5 (California
Department of Toxic Substances Control list of various hazardous sites).
BE lT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby
approves Conditional Use Permit No. 2019-016 subject to the following:
1. The Findings set out above are true and correct.
2. Conditional Use Permit No.2019-016 is hereby approved subject to the
Conditions of Approval set forth in Exhibit "1" to this Resolution.
PASSED, APPROVED AND ADOPTED this the 26th day of FEBRUARY, 2020
EMDW Pump Station Wireless Communications Facility
February 26,2020
Attest:
nie Roseen, Deputy City Clerk
Approved as to form:
V , Assistant City Attorney
hrt/
Randy Chairman
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
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)ss
)
l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC20-484 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 26 day of February 2020 by
the following vote:
Ayes: Diederich, Kanrin, Phillips, Thomas, MadridNoes: NoneAbsent: NoneAbstain: None
Roseen, CMC
Deputy City Clerk
ENIFEEF;
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EXHIBIT “1”
CONDITIONS OF APPROVAL
Planning Application No.: “AT&T EMWD Pump Station, Wireless Communication
Facility” - Conditional Use Permit No. 2019-016
Description: Conditional Use Permit No. 2019-016 proposes a new wireless
communication facility that will be concealed “stealth” as a 70’ faux
water tank. The facility will include twelve (12) 8’ panel antennas
(four [4] panels per sector), 36 LTE RRUs at antenna level (12 per
sector), one (1) 2’-6” microwave antenna, six (6) DC-6 surge
suppressors (two [2] per sector), two (2) DC-12 surge suppressors,
1 GPS antenna, one (1) 30KW generator, utility cabinets, and one
(1) 8’ x 8’ foot walk-in cabinet, located within a 1,816 square foot
lease area enclosed within the 8-foot perimeter wall of the EMWD
Menifee wireless facility.
The project site is located west of El Centro Lane, east of Briggs
Road, and south of Scott Road within an existing developed site
owned and operated by Eastern Municipal Water District located
at 30245 Scott Road.
Assessor's Parcel No.: 472-010-010
MSHCP Category: Not applicable
DIF Category: Not Applicable
TUMF Category: Per WRCOG determination
Quimby Category: Not applicable, not a residential land use
Approval Date: February 26, 2019
Expiration Date: February 26, 2022
Within 48 Hours of the Approval of This Project
1. Filing Notice of Exemption (NOE). The applicant/developer shall deliver to the
Planning Division a cashier's check or money order made payable to the County
Clerk in the amount of fifty dollars ($50) for the County administrative fee, to enable
the City to file the Notice of Exemption (NOE) for the project within forty-eight
(48) hours of the approval of the project.
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 operation 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.
Section I: Community Development Department Conditions
of Approval
Section II: Building & Safety Department Conditions of
Approval
Section III: Engineering/Grading/Transportation Department
Conditions of Approval
Section IV: Fire Department Conditions of Approval
Section I:
Community Development
Department Conditions of
Approval
General Conditions
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Conditional Use Permit No. 2019-016 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan, Elevations, Colors and Materials and for
Conditional Use Permit No. 2019-016, dated August 26, 2019.
APPROVED EXHIBIT L = Landscape plant and irrigation for Conditional Use
Permit No. 2019-016, dated August 26, 2019.
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. 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 (“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.
6. Business Registration. 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 of
Menifee.
7. Ceased Operations. In the event the use hereby permitted ceases operation for
a period of one (1) year or more, excluding renovation and casualty, this approval
shall become null and void.
8. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
9. Comply with Ordinances and Codes. The development of these premises shall
comply with the standards of the City of Menifee Municipal Code and all other
applicable Riverside County or City of Menifee ordinances or guidelines and State
and Federal codes. The development of the premises shall conform substantially
with that as shown on Exhibit A, unless otherwise amended by these conditions of
approval.
10. Comply with Building and Safety. Compliance with Department of Building and
Safety directives and all required permits shall be obtained prior to establishment
or continuation of the use.
11. Comply with Engineering Department. Compliance with Engineering
Department directives and all required permits shall be obtained prior to
establishment or continuation of the use.
12. Outside Lighting. Any outside lighting shall be hooded and directed so as not to
shine directly on adjoining property or public rights-of-way and so as to prevent
either the spillage of lumens or reflection in to the sky.
13. Comply with Menifee Municipal Code All lighting shall comply with any
applicable provisions of Menifee Municipal Code Chapter.
14. Parking. All parking aisles shall remain unobstructed at all times.
15. Building Permit Required for Signage. A Building permit will be required through
the City’s Building and Safety Department for all signage. Contact the Building and
Safety Department directly for submittal requirement information.
16. Signs Maintained. All signs shall be maintained in a condition acceptable to the
Community Development Department throughout the life of the permit. Graffiti shall
be removed from all signs within twenty-four (24) hours. Damage to or malfunction
of the sign shall be replaced within 48 hours.
17. No Outdoor Advertising. No outdoor advertising display, sign or billboard (not
including on-site advertising or directional signs) shall be constructed or
maintained within the property subject to this approval.
18. 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.
19. Exterior Noise Levels. Facility-related noise, as projected to any portion of any
surrounding property containing a "sensitive receiver, habitable dwelling, hospital,
school, library or nursing home", must not exceed the following worst-case noise
levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the hours of
10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute leq,
between 7:00 a.m. and 10:00 p. m. (daytime standard).
20. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this conditional use permit as a principal place of
residence. No person shall be entitled to vote using and address within the
premises as a place of residence.
21. 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.
22. Height. The antennas shall be fully concealed within the proposed faux water tank
and the peak of the tank shall not measure more than seventy (70) feet in total
height from existing ground surface below the center of the base of the tower to
the top of the tower.
23. Equipment Cabinet Shielding. The ground equipment shall be located within the
walled enclosure and shall not be visible from public view. The site plan shows the
enclosure walls to be an existing split-face 8’-4” tall CMU masonry block wall with
a masonry cap. Changes in the above-listed materials shall be reviewed and
approved by the Community Development Department.
24. 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.
25. Cell Tower Physical Condition. The tower itself, as well as the proposed walls
and lease area, shall be in good repair, including damaged or missing walls or
landscaping, and/or any other apparent items needing repair.
26. 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
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.
27. Expiration Date. This approval shall be used within three (3) 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 three (3) year period, which is thereafter diligently pursued to completion
under the terms of the authorized use. No extensions of time (in which to begin
substantial construction or use of this permit) are available. Should no substantial
construction or use of this permit be initiated within three (3) years of the approval
date of this permit, this approval shall become null and void.
28. Subsequent Submittals and Fees. 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. 18-741 (Cost of Services Fee Study). Each submittal shall be
accompanied with a letter clearly indicating which condition or conditions the
submittal is intended to comply with.
29. Rules for Construction Activities. The applicant shall adhere to the Best
Available Control Measures (BACMs). SCAQMD Rules that are currently
applicable during construction activity for the project include, but are not limited to:
Rule 1113 (Architectural Coatings); Rule 431.2 (Low Sulfur Fuel); Rule 403
(Fugitive Dust); and Rule 1186 / 1186.1 (Street Sweepers). The specific Rule 403
regulatory requirements that are applicable to the project are as follows:
a. All clearing, grading, earth-moving, or excavation activities shall cease when winds
exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas
within the project are watered at least three times daily during dry weather.
Watering, with complete coverage of disturbed areas, shall occur at least three
times a day, preferably in the midmorning, afternoon, and after work is done for
the day. Implementation of this measure is estimated to reduce PM10 and PM2.5
fugitive dust emissions by approximately 61%.
c. The contractor shall ensure that traffic speeds on unpaved roads and project site
areas are reduced to 15 miles per hour or less to reduce PM10 and PM2.5 fugitive
dust haul road emissions by approximately 44%.
30. Airport Influence Area. The project site is not located within an Airport Influence
Area.
31. Comply with Riverside County Environmental Health Conditions. The
applicant shall comply with the conditions contained in the letter from Riverside
County Department of Environmental Health dated January 31, 2019 attached
herein.
ARCHEOLOGY/PALEONTOLOGY
32. 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.
33. 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).
34. 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).
i. All ground disturbance activities within 100 feet of the discovered cultural
resources shall be halted until a meeting is convened between the
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. Work shall be allowed to continue outside of the
buffer area and will be monitored by additional Tribal monitors if needed.
iv. Treatment and avoidance of the newly discovered resources shall be
consistent with the Cultural Resources Management Plan 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 as identified in Non-Disclosure of Reburial Condition.
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.”
35. Cultural Resources Disposition. In the event that Native American cultural
resources are discovered during the course of grading (inadvertent discoveries),
the following procedures shall be carried out for final disposition of the discoveries:
a) One or more of the following treatments, in order of preference, shall be
employed with the tribes. Evidence of such shall be provided to the City of
Menifee Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in
the place where they were found with no development affecting the
integrity of the resources.
ii. Reburial of the resources on the Project property. The measures for
reburial shall include, at least, the following: Measures and provisions
to protect the future reburial area from any future impacts in
perpetuity. Reburial shall not occur until all legally required cataloging
and basic recordation have been completed, with an exception that
sacred items, burial goods and Native American human remains are
excluded. Any reburial process shall be culturally appropriate. Listing
of contents and location of the reburial shall be included in the
confidential Phase IV report. The Phase IV Report shall be filed with
the City under a confidential cover and not subject to Public Records
Request.
iii. If preservation in place or reburial is not feasible then the resources
shall be curated in a culturally appropriate manner at a Riverside
County curation facility that meets State Resources Department
Office of Historic Preservation Guidelines for the Curation of
Archaeological Resources ensuring access and use pursuant to the
Guidelines. The collection and associated records shall be
transferred, including title, and are to be accompanied by payment of
the fees necessary for permanent curation. Evidence of curation in
the form of a letter from the curation facility stating that subject
archaeological materials have been received and that all fees have
been paid, shall be provided by the landowner to the City. There shall
be no destructive or invasive testing on sacred items, burial goods
and Native American human remains. Results concerning finds of
any inadvertent discoveries shall be included in the Phase IV
monitoring report.
36. 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.
LANDSCAPING
37. Interim Landscaping. Graded but undeveloped land shall be maintained in a
condition so as to prevent a dust and/or blow sand nuisance and shall be either
planted with interim landscaping or provided with other wind and water erosion
control measures as approved by the Community Development Department and
the South Coast Air Quality Management District (SCAQMD).
38. 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 building permit landscaping install and inspection condition.
39. Landscape Plans. All landscaping plans shall be prepared in accordance with the
City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed and
approved by the Community Development Department, and the appropriate
maintenance authority.
40. Maintenance of Landscaping. All private landscaping shall be maintained by the
individual property owner. All landscaping, and similar improvements not properly
maintained by the individual property owners must be annexed into a Lighting and
Landscape District, or other mechanism as determined by the City of Menifee.
FEES
41. Subsequent Submittals and Fees. 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. 18-741 (Cost of Services Fee Study). Each submittal shall be
accompanied with a letter clearly indicating which condition or conditions the
submittal is intended to comply with.
Prior to Grading Permit Issuance
42. Fugitive Dust Control. The permittee shall implement fugitive dust control
measures in accordance with Southern California Air Quality Management District
(SCAQMD) Rule 403. The permittee shall include in construction contracts the
control measures required under Rule 403 at the time of development, including
the following:
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%.
Water active grading/excavation sites and unpaved surfaces at least three times
daily;
a. All paved roads, parking and staging areas must be watered at least once
every two hours of active operations;
b. Site access points must be swept/washed within thirty minutes of visible
dirt deposition;
c. Sweep daily (with water sweepers) all paved parking areas and staging
areas;
d. Onsite stockpiles of debris, dirt or rusty material must be covered or
watered at least twice daily;
e. Cover stockpiles with tarps or apply non-toxic chemical soil binders;
f. All haul trucks hauling soil, sand and other loose materials must either be
covered or maintain two feet of freeboard;
g. All inactive disturbed surface areas must be watered on a daily basis when
there is evidence of wind drive fugitive dust;
h. Install wind breaks at the windward sides of construction areas;
i. Operations on any unpaved surfaces must be suspended when winds
exceed 25 mph;
j. 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;
k. All haul trucks must have a capacity of no less than twelve and three-
quarter (12.75) cubic yards;
l. All loads shall be secured by trimming, watering or other appropriate means
to prevent spillage and dust;
m. Traffic speeds on unpaved roads must be limited to 15 miles per hour;
n. Provide daily clean-up of mud and dirt carried onto paved streets from the
site;
o. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
p. All materials transported off-site shall be either sufficiently watered or
securely covered to prevent excessive amount of dust;
q. Operations on any unpaved surfaces must be suspended during first and
second stage smog alerts; and,
r. 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.
43. Fees. Prior to the issuance of grading permits for CUP No. 2018-078, 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
44. Menifee Union School District. Impacts to the Menifee Union School District
shall be mitigated in accordance with California State law.
45. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
46. 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
Department. The building plans shall be in substantial conformance with
APPROVED EXHIBIT A, B, and C.
Building and Safety will require the following items:
All Design components shall comply with applicable current adopted code
provisions of the California Building, California Residential Code, Plumbing
and Mechanical Codes; California Electrical Code; California
Administrative Code, California Energy Codes, California Green Building
Standards, California Title 24 Disabled Access Regulations, and City of
Menifee Municipal Code. Three (3) sets of plan drawings shall be submitted
along with two (2) copies of structural and Title 24 Energy documentation.
All exterior lighting shall comply with Ordinance, “Dark Sky Ordinance”.
All exterior lighting shall fall within current commercial standards.
Separate plan submittal will be required by Riverside County Fire along
with a formal transmittal issued by Building and Safety.
47. Elevations. Elevations of all structures submitted for building plan check approval
shall be in substantial conformance with the elevations shown on APPROVED
EXHIBIT A.
48. 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 A.
49. 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.
50. Lighting. The building plans shall show the location and types of light fixtures that
will be within the project site and on the building. Lighting fixtures shall be
decorative. Shoe-box-type lighting will not be allowed. The types of lighting fixtures
used shall be subject to Community Development Department approval.
Architecturally appropriate themed lighting fixtures shall be located along the
project perimeter, project entrances, and other focal points on the project site and
shall be subject to Community Development Department review and approval.
51. 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.
52. 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 is estimated to be $5,000.
53. FCC Compliance. Prior to issuance of a building permit, the permit holder shall
perform a radio frequency (RF) compliance pre-construction evaluation to indicate
compliance with FCC Guidelines and submit the results of this evaluation to the
Community Development Department. Please refer to the FCC Office of
Engineering and Technology Bulletin 65 for information on RF exposure
guidelines.
Prior to Building Final Inspection
54. 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,
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.
55. Cell Tower Physical Condition. The tower itself, as well as the proposed walls
and lease area, shall be in good repair, including damaged or missing walls or
landscaping, and/or any other apparent items needing repair.
56. Elevations. The elevations and colors shall conform substantially with that shown
on APPROVED EXHIBIT A.
57. Roof Mounted Equipment. Prior to final occupancy, Community Development
staff will verify that all roof-mounted equipment has been screened in compliance
with the approved plans.
58. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater,
shall be installed underground. If the permittee provides to the Department of
Building and Safety and the Community Development Department a definitive
statement from the utility provider refusing to allow underground installation of the
utilities they provide, this condition shall be null and void with respect to that utility.
59. Lighting. Exterior lighting shall be consistent with the approved lighting plans.
60. 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. 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.
61. 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.
62. 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.
63. Condition Compliance. The Community Development Department shall verify
that the Development Standards and all other preceding conditions have been
complied with prior to any use allowed by this permit.
FEES
64. 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.
Section II:
Building and Safety Department
Conditions of
Approval
General Conditions
65. Address. An application shall be submitted for a new address specifically for the
service panel for the cell tower only.
An application for an address can be through the City of Menifee Engineering
Department.
Section III:
Public Works and Engineering
Department Conditions of
Approval
General Conditions
66. Encroachment. Any encroachment into the public ROW during project
construction, will require an encroachment permit from the Public Works and
Engineering Department, which may require posting of cash security to guarantee
repairs to any public facilities that may be damaged during the course of this
project’s work in the City’s ROW.
67. 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 City’s Municipal Code, applicable City design standards and
specifications, City ordinances, policies, rules and regulations governing grading
in the City.
68. Erosion Control Plans. All grading plans shall require erosion control plans
approved by the Public Works-Engineering Department.
Section IV:
Riverside County Fire Department
Conditions of Approval
General Conditions
69. 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 (CUP 2019-016) 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.
70. City Case Statement. The Riverside County Fire Department recommends the
following fire and life and safety protection measures be provided in accordance
with Riverside County Ordinances and/or recognize fire protection standards.
Prior to Building Permit Issuance
71. Generator. Provide Information (Manufacturer cut sheet) on Generator, fuel
storage type and capacity.
72. Note. Note on plans any battery back-up system that will be used, type of battery
and quantity in gallons or lbs of corrosive if any.
73. Fire Extinguisher. Provide an additional mounted 2A10-BC Rated Fire
Extinguisher for potential use by maintenance personnel. Mount extinguisher 3-5
feet from finished floor.
74. Knox Box. Provide access key card or access key for placement in Knox box
shown on plan.
75. Building Plans. Provide sheet on submittal showing emergency/safety signage
and placement of an NFPA 704 placard showing any hazardous materials in use
at this site shall be posted. Additional safety signage and contact information sign
in the event of an emergency shall be posted.
76. Hazardous Materials, Emergency Generator and Battery Storage. The project
has not been reviewed or approved for hazardous materials or battery storage.
Prior to building permit issuance, building plans shall be submitted for approval
indicating the presence of an emergency generator and battery storage. Battery
storage and fuel use, storage, and handling shall be approved by the Fire
Department per the California Building Code and California Fire Code prior to
materials being stored on site.
77. Further Review. Further review of the project will occur upon receipt of building
plans. Additional requirements may be necessary at that time.
Prior to Final Inspection
78. Knox Box. Provide access key card or access key for placement in Knox box
shown on plan.
79. Addressing. Address for the site shall be posted and be visible from the street.
Numbers shall be in contrast to background and meet City of Menifee and
Riverside County Fire Department requirements for commercial structure
addressing.
80. Further Review. Further review of the project will occur upon receipt of building
plans. Additional requirements may be necessary at that time.
END OF CONDITIONS
The undersigned warrants that he/she is an authorized representative of the project
referenced above, that I am specifically authorized to consent to all of the foregoing
conditions, and that I so consent as of the date set out below.
_______________________________________________ ___________________
Signed Date
_______________________________________________ ___________________
Name (please print) Title (please print)
AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless (“Agreement”) is entered into, effective
as of ______________, by and between the CITY OF MENIFEE, a municipal corporation, on the
one hand, (“City”), and S&B Partners, LLC, a California Limited Liability Corporation, (“Indemnitor”
or “Indemnitors”), on the other. The City and Indemnitor(s) are herein referred to collectively as
the “Parties” and individually as a “Party.”
RECITALS
Whereas, Indemnitor has applied to the City for various discretionary approvals including
Conditional Use Permit No. 2019-016, which proposes a new wireless communication facility that
will be disguised as a 70’ faux water tank (the “Project”) and is located at 30245 Scott Road, within
the City of Menifee, County of Riverside, State of California (APN: 472-010-010) (the “Property”);
and
Whereas, in connection with the consideration of the above-mentioned discretionary
approvals, Indemnitor has offered to, and hereby agrees that it will, indemnify and hold the City
harmless from any challenges arising from or related to the discretionary approvals, the Property
or the Project as more fully set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and based upon the foregoing recitals, and the terms, conditions,
covenants, and agreements contained herein, the Parties hereto agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are an integral part of this
Agreement, and are fully incorporated herein.
2. Indemnitors’ Indemnification Obligations. Indemnitor shall indemnify, defend, and
hold harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors, consultants
(which may include the County of Riverside and its employees, officers, officials, and
agents), and agents (herein, collectively, the “Indemnitees”) 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 (i) the City’s approval of the
Project or actions related to the Property, including without limitation any judicial or
administrative proceeding initiated or maintained by any person or entity challenging the
validity or enforceability of any City permit or approval relating to the Project, any condition
of approval imposed by the City on such permit or approval, and any finding or
determination made and any other action taken by any of the Indemnitees in conjunction
with such permit or approval, including without limitation any action taken pursuant to the
California Environmental Quality Act (“CEQA”), or (ii) the acts, omissions, or operations of
the Indemnitor and the directors, officers, members, partners, employees, agents,
contractors, and subcontractors of each person or entity comprising the Indemnitor with
respect to the ownership, planning, design, construction, and maintenance of the Project
and the Property for which the Project is being approved. The City shall notify the
Indemnitor of any claim, lawsuit, or other judicial or administrative proceeding (herein, an
“Action”) within the scope of this indemnity obligation and request that the Indemnitor
defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor
fails to so defend the Action, the City shall have the right but not the obligation to do so
with counsel of their own choosing, with no right of approval by Indemnitor and, if they do,
the Indemnitor shall promptly pay the City’s full cost thereof, with payments made at least
on a monthly basis. Notwithstanding the foregoing, the indemnity obligation under clause
(i) of the first sentence of this condition shall not apply to the extent the claim arises out of
the willful misconduct or the sole active negligence of the City. This Agreement shall
survive any final action on the Project, and shall survive and be independent of any Project
approvals, even if such Project approvals are invalidated in whole or part.
3. Entire Agreement; Amendments and Waivers. This Agreement contains the entire
agreement between the City and Indemnitor with respect to the subject matter set forth
herein and supersedes any prior discussions, negotiations, and agreements with respect
thereto. This Agreement may be amended or modified only by a written agreement
executed by both Parties. No waiver of any of the terms of this Agreement shall be
effective or binding unless in writing and executed by an authorized representative of the
Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs, executors,
administrators, successors, transferees, and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be
effective as of the date first written above.
Dated: ______________________
“CITY”
CITY OF MENIFEE, a California Municipal
Corporation
By: _______
Its: _____________________________
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
_________________________
Attorneys for the City of Menifee
Dated: ______
“INDEMNITOR”
S&B Partners, LLC, a California Limited
Liability Corporation
By: ______________________________
Print
Name:________________________