PC23-607RESOLUTION NO. 23-607
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING A MINOR PLOT PLAN NO.
PLN22-0195 AND CONDITIONAL USE PERMIT NO. PLN22-0194 FOR
THE ESTABLISHMENT OF A NEW 60-FOOT TALL WIRELESS
COMMUNICATION FACILITY DISGUISED AS A MONO EUCALYPTUS
TREE, LOCATED BEHIND AN EXISTING CHURCH AT 27985
MENIFEE RD APN: 333-080-020, 021
WHEREAS, on July 27, 2022, the applicant, New Cingular Wireless PCS, LLC
dba. AT&T Wireless, whose representative Will Kazimi filed a formal application with the
City of Menifee for Minor Plot Plan ("MPP)" No. PLN22-0195 and Conditional Use Permit
("CUP") No. PLN22-0194, for the proposed construction and operation of a new 60-foot
tall wireless communication facility disguised as a mono eucalyptus ("Project") located
behind an existing church at 27985 Menifee Road (APNs 333-080-020 and 021); and
WHEREAS, the proposed project was reviewed and has been determined to be
Categorically Exempt under the California Environmental Quality Act ("CEQA")
Guidelines, Section 15303 ("New Construction or Conversion of Small Structures"),- and
WHEREAS, on October 25, 2023, the Planning Commission of the City of
Menifee held a public hearing on the Project, considered all public testimony, which
hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of
general circulation, an agenda posting, notice to property owners within 300 feet of the
Project boundaries, on -site posting at the project site, and to persons requesting public
notice.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1: The City of Menifee Planning Commission hereby makes the following
findings in accordance with Title 9, Article 2, Chapter 9.80.070(A) — Plot Plan, Findings
for Approval Minor Plot Plan and Title 9, Article 2, Chapter 9.40.070 — Conditional Use
Permit, Findings for Approval.
Finding 1 - The proposed Project is consistent with the adopted General Plan and
any applicable specific plan.
The proposed Project site is designated as 2.1-5 du/acre Residential
(2.1-5R) according to the City of Menifee General Plan. The intent of this
designation is single-family detached and attached residences with a
density range of 2 to 5 dwelling units per acre. Limited agriculture and
animal keeping is permitted; however, intensive animal keeping is
discouraged. Wireless communications facilities are permitted
throughout the City provided that they obtain proper permits and
approvals as telecommunications are necessary for all land use
designations. In residential zones, the facilities are not allowed on
properties containing a residential use but are allowed for churches or
other non-residential uses when concealed or disguised. The proposed
Heritage Church Wireless Communication Facility
October 25, 2023
development will also help to meet the following goals and objectives of
the General Plan:
Goals:
• LU-3: A full range of public utilities and related services that provide
for the immediate and long-term needs of the community.
The proposed Project will provide telecommunications services to the
surrounding area, including homes, schools, and businesses.
Objectives:
• 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.
The proposed Project will establish another location from which
service providers can locate. The applicant has worked extensively
with the City to ensure that there are no adverse impacts on the site
and has also worked on the design of the facility by incorporating
robust landscaping, some native vegetation, and ample screening.
• LU-3.2 Work with utility providers to increase service capacity as
demand increases.
The proposed Project will help to expand telecommunications
services to the surrounding area. Development in the City has
expanded greatly within the last few years and will continue to
expand. As demand for telecommunication services increases it is
important that well -designed facilities be reviewed and approved, to
meet the service needs of the community.
• CD-3.2 Maintain and incorporate the City's natural amenities,
including its hillsides, indigenous vegetation, and rock outcroppings,
within the proposed project.
The proposed Project has been situated to minimize the amount of
disturbance that would be required to the surrounding hillsides and
natural amenities. The wireless communications facility will be located
on a previously developed portion of the site which was utilized as an
amphitheater. The applicant also worked with the City to add some
native vegetation to the palate of landscaping such as the California
Sycamore, Western Red Bud, and Mauve Red Rose.
• 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;
undergrounding, where possible; and aesthetic design (e.g., cell tower
stealthing).
Page 2 of 5
Heritage Church Wireless Communication Facility
October 25, 2023
As stated above, the proposed Project has been situated to minimize
the amount of disturbance that would be required to the surrounding
hillsides and natural amenities. The wireless communications facility
will be located on a previously developed portion of the site which was
utilized as an amphitheater. The applicant also worked with the City to
add some native vegetation to the palate of landscaping such as the
California Sycamore, Western Red Bud, and Mauve Red Rose.
CD-3.14 Provide variations in color, texture, materials, articulation,
and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
The proposed walls that will surround the communications facility and
equipment enclosure will be landscaped to provide visual breakage.
Additionally, the applicant provided a brick veneer horizontal
treatment to provide more breakage on the walls.
• CD-6.5 Limit light leakage and spillage that may interfere with the
operations of the Palomar Observatory.
The proposed lighting will comply with the City's development
standards and Dark Sky Ordinance.
Finding 2 - The proposed Project meets all applicable standards for development and
provisions of this title.
The Project proposes a wireless communications facility. The Project has
been reviewed by the City of Menifee Community Development
Department, Engineering Department, Police Department, and Office of
the Fire Marshal, as well as applicable external agencies and
departments to ensure that the Project meets all applicable development
standards. The Project complies with the Development Code standards of
Title 9, including but not limited to, setbacks/land use buffering, landscape
coverage, and height requirements. Moreover, the Project was reviewed
against and found consistent with the Citywide Design Guidelines.
Therefore, the proposed design and location of the Project meets all
applicable standards of development and operation of the City's Zoning
Code, including any applicable specific use regulations. The Project is
compatible with the surrounding land uses, General Plan land use
designations, and zoning classifications and is adequately sized, shaped,
designed and located.
Finding 3 - That the proposed site is adequate in size and shape to accommodate
the conditional use in a manner that is compatible with existing and
planned uses in the vicinity.
The proposed Project is for the establishment of a disguised wireless
communication facility. The proposed use is ancillary and will not
generate any activity with the exception of occasional service vehicles.
Page 3 of 5
Heritage Church Wireless Communication Facility
October 25, 2023
The Project has been reviewed and the site is of adequate size and
shape to accommodate the Project. The Project has been designed to
blend in with its surroundings through the disguised design of the facility
as well as landscaping. The facility has been located on the site to not
preclude the future development of the surrounding property and area.
Finding 4 - That the proposed design and location of the conditional use will not be
detrimental to the public health, safety or welfare, or materially injurious to
uses, properties or improvements in the vicinity.
The proposed design and location of the Project will meet all applicable
standards found in the General Plan, Development Code, Design
Guidelines, and State and Federal laws. The Project has been reviewed
by the City of Menifee Community Development Department, Engineering
Department, Police Department, and Office of the Fire Marshal, as well as
applicable external agencies and departments and has been determined
that it will not be detrimental to the public health, safety or welfare, or
materially injurious to surrounding uses, properties or improvements in
the vicinity.
Finding 5 - Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the CEQA.
The City has determined the proposed use to be Categorically Exempt
under CEQA Guidelines Section 15303 Class 3 (New Construction or
Conversion of Small Structures). Class 3 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.
NOW THEREFORE, the Planning Commission of the City of Menifee hereby approves
the following:
1. That the Planning Commission determine that the "Findings" set out above are
true and correct.
2. That the Planning Commission determine the environmental review has been
completed for the Project in accordance with State and local laws, and CEQA
guidelines.
3. That the Planning Commission finds that the facts presented within the public
record and within the resolution provide the basis to approve PLN22-0194
subject to the Conditions of Approval for the Project attached hereto as Exhibit
"A" and that the Planning Commission approve said entitlements.
4. The documents and materials that constitute the record of proceedings on which
this resolution has been based are located at the Community Development
Department — Planning Division, 29844 Haun Road, Menifee, CA 92586. This
Page 4 of 5
Heritage Church Wireless Communication Facility
October 25, 2023
information is provided in compliance with Public Resources Code section
21081.6.
PASSED, APPROVED AND ADOPTED this 25th d y ctober 2023.
Jelf;'aDue, Chairman
Att
6
R chel Valencia, Administrative Assistant
Approved as to form
Thai an./Assistant City Attorney
Page 5 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Application No.: Minor Plot Plan (MPP) No. PLN22-0195 and Conditional Use
Permit (CUP) No. PLN22-0194 for Heritage Church Wireless
Communication Facility
Project Description: MPP No. PLN22-0195 and CUP No. PLN22-0194 is for the site
development, design review, and operation of a new 60-foot
mono eucalyptus disguised wireless communication facility
located at the rear of an existing church.
Assessor's Parcel No.: 333-080-020 and 021
MSHCP Category: Commercial
DIF Category: N/A
TUMF Category: Determined by Western Riverside Council of Governments
(WRCOG)
Quimby Category: N/A
Approval Date: October 25, 2023
Expiration Date: October 25, 2026
Page 1 of 25
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 City in the
amount of fifty dollars ($50) for the County administrative fee, to enable the City to file
the 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 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.
Page 2 of 25
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Section III: Engineering Department
Section IV: Office of the Fire Marshal
Page 3 of 25
Section I:
Conditions Applicable to all
Departments
Page 4 of 25
GENERAL CONDITIONS
3 Definitions. The words identified in the following list that appear in all capitals in the
attached conditions of PLN23-0194 and PLN23-0195 dated October 25, 2023, shall be
henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the
Permittee of this project.
APPROVED EXHIBIT A = Site Plan
APPROVED EXHIBIT B = Elevations
APPROVED EXHIBIT G = Conceptual Grading Plan
APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan
4. Ninety (90) Days. The permittee 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 (Chapter 9 "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 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 a
three-(3)-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 three-(3)-year period, the permittee may request up to a three-(3)-
year extension of time in which to begin substantial construction or use of this permit.
Should the three-(3)-year extension be obtained and no substantial construction or use
of this permit be initiated within six (6) years of the approval date this permit, shall
become null and void.
7. 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.
8. 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.
9 Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
Page 5 of 25
10. 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.
11. 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.
12. 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).
13. 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.
14. Height. The antennas shall be concealed on the proposed mono -eucalyptus and the
peak of the structure shall not measure more than sixty (60) feet in total height from
existing ground surface below the center of the base of the tower to the top of the
structure.
15. Equipment Cabinet Shielding. The ground equipment shall be located within the
walled enclosure and shall not be visible from public view. Changes in the materials
from the approved plans shall be reviewed and approved by the Community
Development Department.
16. 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.
17. 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.
18. 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
Page 6 of 25
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.
19. 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. 22-1229 (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.
20. Co -location. The applicant shall structurally design the facility to support a possible
future colocation should a wireless carrier propose to do so at a later date. The approval
of the proposed project does not include the rights to collocate. Prior to collocating on
the proposed facility, the applicant shall submit an application to the city for review and
approval.
Page 7 of 25
Section II:
Community Development
Department
Page 8 of 25
GENERAL CONDITIONS
21. Comply with Ordinances. The development of these premises shall comply with the
standards of the City of Menifee Development Code and City of Menifee Municipal
Code and all other applicable ordinances and State and Federal codes and regulations
and shall conform substantially to the adopted plan as filed in the office of the City of
Menifee Community Development Department, unless otherwise amended.
The development of the premises shall conform substantially with that as shown on
APPROVED EXHIBIT A, B, G, and L unless otherwise amended by these conditions
of approval.
22. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights -of -way and so as to prevent either the
spillage of lumens or reflection into the sky. All lighting shall comply with any applicable
provisions of the Menifee Municipal Code and Dark Sky Ordinance.
23. Colors and Materials. Building colors and materials shall be in substantial
conformance with those shown on APPROVED EXHIBITS.
24. 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.
PRIOR TO ISSUANCE OF GRADING PERMIT (or any ground disturbing activities
The following two (2) conditions shall be verbatim on all grading plan submittals.
25. AQMD Rule 402. The project developer shall implement the following measures to
reduce the emissions of pollutants generated by heavy-duty diesel -powered equipment
operating at the project site throughout the project construction phases. The project
developer shall include in construction contracts the control measures as may be
required under Rule 402, at the time of development, including the following:
a. Keep all construction equipment in proper tune in accordance with
manufacturer's specifications.
b. Use late model heavy-duty diesel -powered equipment at the project site to the
extent that it is readily available in the South Coast Air Basin (meaning that it
does not have to be imported from another air basin and that the procurement
of the equipment would not cause a delay in construction activities of more than
two weeks).
c. Use low -emission diesel fuel for all heavy-duty diesel -powered equipment
operating and refueling at the project site to the extent that it is readily available
and cost effective in the South Coast Air Basin (meaning that it does not have
to be imported from another air basin, that the procurement of the equipment
would not cause a delay in construction activities of more than two weeks, that
the cost of the equipment use is not more than 20 percent greater than the cost
of standard equipment (This measure does not apply to diesel -powered trucks
traveling to and from the site).
d. Utilize alternative fuel construction equipment (i.e., compressed natural gas,
liquid petroleum gas), if equipment is readily available and cost effective in the
Page 9 of 25
South Coast Air Basin (meaning that it does not have to be imported from
another air basin, that the procurement of the equipment would not cause a
delay in construction activities of more than two weeks, that the cost of the
equipment use is not more than 20 percent greater than the cost of standard
equipment).
e. Limit truck and equipment idling time to five minutes or less.
f. Rely on the electricity infrastructure surrounding the construction sites rather
than electrical generators powered by internal combustion engines to the extent
feasible.
g. General contractors shall maintain and operate construction equipment so as
to minimize exhaust emissions.
26. 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:
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 sweepers) 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 dusty 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;
Install wind breaks at the windward sides of construction areas;
k. Operations on any unpaved surfaces must be suspended when winds exceed
25 mph;
Page 10 of 25
Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 15 miles per hour over a 30-minute period or more, so as to prevent
excessive amounts of dust;
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 receipt.
27. Preconstruction Burrowing Owl Survey. Pursuant to Objective 6 and Objective 7 of
the Species Account for the Burrowing Owl included in the Western Riverside County
Multiple Species Habitat Conservation Plan, within thirty (30) days prior to the issuance
of a grading permit, a pre -construction presence/absence survey for the burrowing owl
shall be conducted by a qualified biologist and the results of this presence/absence
survey shall be provided in writing to the City of Menifee Community Development
Department. If it is determined that the project site is occupied by the Burrowing Owl,
take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird
Treaty Act. However, when the Burrowing Owl is present, relocation outside of the
nesting season (March 1 through August 31) by a qualified biologist shall be required.
The City shall be consulted to determine appropriate type of relocation (active or
passive) and translocation sites. Occupation of this species on the project site may
result in the need to revise grading plans so that take of "active" nests is avoided or
alternatively, a grading permit may be issued once the species has been actively
relocated.
If the grading permit is not obtained within thirty (30) days of the survey a new survey
shall be required. No ground disturbance, including disking, blading, grubbing or any
similar activity (except for agricultural production on -site which has been a historic and
on -going use of the property) shall occur within the site until the burrowing owl study is
reviewed and approved.
Paleontology
28. Paleontologist Required. This site is mapped as having a high potential for
paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO
ISSUANCE OF GRADING PERMITS:
Page 11 of 25
The permittee shall retain a qualified paleontologist approved by the City of Menifee
to create and implement a project -specific plan for monitoring site
grading/earthmoving activities (project paleontologist).
The project paleontologist retained shall review the approved development plan and
shall conduct any pre -construction work necessary to render appropriate monitoring
and mitigation requirements as appropriate. These requirements shall be documented
by the project paleontologist in a Paleontological Resource Impact Mitigation Program
(PRIMP). This PRIMP shall be submitted to the Community Development Department
for review and approval prior to issuance of a Grading Permit.
Information to be contained in the PRIMP, at a minimum and in addition to other
industry standard and Society of Vertebrate Paleontology standards, are as follows:
a. The project paleontologist shall participate in a pre -construction project
meeting with development staff and construction operations to ensure an
understanding of any mitigation measures required during construction, as
applicable.
b. Paleontological monitoring of earthmoving activities will be conducted on an
as -needed basis by the project paleontologist during all earthmoving activities
that may expose sensitive strata. Earthmoving activities in areas of the project
area where previously undisturbed strata will be buried but not otherwise
disturbed will not be monitored. The project paleontologist or his/her assign will
have the authority to reduce monitoring once he/she determines the probability
of encountering fossils has dropped below an acceptable level.
c. If the project paleontologist finds fossil remains, earthmoving activities will be
diverted temporarily around the fossil site until the remains have been
evaluated and recovered. Earthmoving will be allowed to proceed through the
site when the project paleontologist determines the fossils have been
recovered and/or the site mitigated to the extent necessary.
d. If fossil remains are encountered by earthmoving activities when the project
paleontologist is not onsite, these activities will be diverted around the fossil
site and the project paleontologist called to the site immediately to recover the
remains.
e. If fossil remains are encountered, fossiliferous rock will be recovered from the
fossil site and processed to allow for the recovery of smaller fossil remains.
Test samples may be recovered from other sampling sites in the rock unit if
appropriate.
f. Any recovered fossil remains will be prepared to the point of identification and
identified to the lowest taxonomic level possible by knowledgeable
paleontologists. The remains then will be curated (assigned and labeled with
museum* repository fossil specimen numbers and corresponding fossil site
numbers, as appropriate; places in specimen trays and, if necessary, vials with
completed specimen data cards) and catalogued, an associated specimen
data and corresponding geologic and geographic site data will be archived
(specimen and site numbers and corresponding data entered into appropriate
museum repository catalogs and computerized data bases) at the museum
repository by a laboratory technician. The remains will then be accessioned
into the museum* repository fossil collection, where they will be permanently
Page 12 of 25
stored, maintained, and, along with associated specimen and site data, made
available for future study by qualified scientific investigators.
*The City of Menifee must be consulted on the repository/museum to receive
the fossil material prior to being curated.
g. A qualified paleontologist shall prepare a report of findings made during all site
grading activity with an appended itemized list of fossil specimens recovered
during grading (if any). This report shall be submitted to the Community
Development Department for review and approval prior to building final
inspection as described elsewhere in these conditions.
h. All reports shall be signed by the project paleontologist and all other
professionals responsible for the report's content (e.g. Professional Geologist,
Professional Engineer, etc.), as appropriate. Two wet -signed original copies of
the report shall be submitted directly to the Community Development
Department along with a copy of this condition, deposit -based fee and the
grading plan for appropriate case processing and tracking.
29. Inadvertent Paleontological Find. In the event that fossils or fossil -bearing deposits
are discovered during construction, excavations within fifty (50) feet of the find shall be
temporarily halted or diverted. The contractor shall notify a qualified paleontologist to
examine the discovery. The paleontologist shall document the discovery as needed in
accordance with Society of Vertebrate Paleontology standards, evaluate the potential
resource, and assess the significance of the find under the criteria set forth in CEQA
Guidelines Section 15064.5. The paleontologist shall notify the Community
Development Department to determine procedures that would be followed before
construction is allowed to resume at the location of the find. If in consultation with the
paleontologist, the Project proponent determines that avoidance is not feasible, the
paleontologist shall prepare an excavation plan for mitigating the effect of the Project
on the qualities that make the resource important. The plan shall be submitted to the
Community Development Department for review and approval and the Project
proponent shall implement the approval plan.
Archeology
30. Pre -Grading Meeting. The qualified archaeologist shall attend the pre -grading
meeting with the contractors to explain and coordinate the requirements of the
monitoring program, including a cultural sensitivity training component.
31. Archeologist Retained. Prior to issuance of a grading permit the project applicant
shall retain a Riverside County qualified archaeologist to monitor all ground disturbing
activities in an effort to identify any unknown archaeological resources.
The Project Archaeologist and the Tribal monitor(s) shall manage and oversee
monitoring for all initial ground disturbing activities and excavation of each portion of
the project site including clearing, grubbing, tree removals, mass or rough grading,
trenching, stockpiling of materials, rock crushing, structure demolition and etc. The
Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily
divert, redirect or halt the ground disturbance activities to allow identification,
evaluation, and potential recovery of cultural resources in coordination with any
required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to the
Community Development Department to ensure compliance with this condition of
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approval. Upon verification, the Community Development Department shall clear this
condition.
In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the
contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP)
in consultation pursuant to the definition in AB52 to address the details, timing and
responsibility of all archaeological and cultural activities that will occur on the project
site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation
process for the Project, has not opted out of the AB52 consultation process, and has
completed AB 52 consultation with the City as provided for in Cal Pub Res Code
Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) shall attend the pre -
grading meeting with the City, the construction manager and any contractors
and will conduct a mandatory Cultural Resources Worker Sensitivity Training to
those in attendance. The Training will include a brief review of the cultural
sensitivity of the Project and the surrounding area; what resources could
potentially be identified during earthmoving activities; the requirements of the
monitoring program; the protocols that apply in the event inadvertent
discoveries of cultural resources are identified, including who to contact and
appropriate avoidance measures until the find(s) can be properly evaluated;
and any other appropriate protocols. All new construction personnel that will
conduct earthwork or grading activities that begin work on the Project following
the initial Training must take the Cultural Sensitivity Training prior to beginning
work and the Project archaeologist and Consulting Tribe(s) shall make
themselves available to provide the training on an as needed basis;
c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and
Project archaeologist will follow in the event of inadvertent cultural resources
discoveries, including any newly discovered cultural resource deposits that shall
be subject to a cultural resources evaluation.
32. 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 Tribes 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.
33. 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 Tribal Monitor(s) shall have the authority to temporarily divert,
Page 14 of 25
redirect or halt the ground -disturbance activities to allow recovery of cultural resources,
in coordination with the Project Archaeologist.
34. 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.
35. 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).
36. 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).
a. 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.
b. 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.
c. 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.
d. 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
Page 15 of 25
are not subject to further disturbance in perpetuity as identified in Non -
Disclosure of Reburial Condition.
e. 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."
37. 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.
Page 16 of 25
Fees
38. Stephen's Kangaroo Rat (SKR) Fee. Prior to the issuance of a grading permit, the
applicant 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 9.32 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.
39. Fees. Prior to the issuance of grading permits, 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 ISSUANCE OF BUILDING PERMIT
40. Dark Sky Ordinance. All streetlights and other outdoor lighting shall be shown on
electrical plans submitted to the Department of Building and Safety and the Community
Development Department for plan check approval and shall comply with the
requirements of Menifee Municipal Code Chapter 6.01, the "Dark Sky Ordinance", and
the General Plan.
41. Wall and Fencing Plan. A wall and fencing plan shall be submitted to the Community
Development Department for review and approval showing all wall and fence locations
and typical views of all types of fences or walls proposed. This plan shall require anti -
graffiti coatings on fences and walls, where applicable. The plan shall be approved
prior to issuance of a Building Permit.
42. Landscaping Plans. The applicant shall submit 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 the
Menifee Municipal Code, along with the current fee. The plan shall be in compliance
with Menifee Municipal Code Chapter 15.04 and Chapter 9.195.
The plan shall address all areas and conditions of the project requiring landscaping and
irrigation to be installed including, but not limited to, (slope planting, common area
and/or park landscaping within Open Space. Emphasis shall be placed on using plant
species that are drought tolerant and low water using.
43. 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).
44. 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
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maintenance authority. All privately maintained landscaping and irrigation plans shall
be reviewed and approved by the Planning Department while all City or CFD
maintained landscaping and irrigation plans shall be reviewed by the Engineering
Department.
Landscaping
45. 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. At applicant's election, a cash security may also be used for amounts exceeding
$2,500.
46. 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 submitted 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?"
47. 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.
48. Crime Prevention through Environmental Design Guidelines. All plants,
landscaping and foliage shall fall within current CPTED (Crime Prevention through
Environmental Design) guidelines.
49. Double Detectors. Double detector check valve assemblies (backflow preventers) for
landscape irrigation and domestic water shall not be located at visually prominent
locations (such as the end of drive aisles or at site entries) and shall be well -screened
with shrubs, berming, or low screen walls.
50. Landscape Deposit. Prior to building permit issuance, the permit holder shall open a
Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover
the pre -inspection, initial installation inspection, Six Month and One Year Landscape
Inspections. The number of hours for the 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.
51. Pre -Installation Inspection. The permittee landscape architect responsible for
preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape
installation inspection with the Community Development Department. The pre -
landscape inspection shall be arranged at least 15 working days prior to installation of
landscaping.
Page 18 of 25
Fees
52. Open Space Fee (MSHCP). Prior to the issuance of a building permit, the applicant
shall comply with the provisions of City of Menifee Municipal Code Chapter 17.03,
Multiple Species Habitat Conservation Plan Fee (hereinafter Chapter 17.03), which
requires the payment of the appropriate fee set forth in the Ordinance.
The amount of the fee will be based on the "Project Area" as defined in the Ordinance
and the aforementioned Condition of Approval.
In the event Chapter 17.03 is rescinded, this condition will no longer be applicable.
However, should Chapter 17.03 be rescinded and superseded by a subsequent
mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall
be required.
53. School District Impact Fees. The appropriate school district impact fees shall be
mitigated in accordance with California State law. Receipts of payments shall be
submitted to the Community Development Department prior to building permit
I&MI KKJ
a. Romoland School District. Impacts to the Romoland School District shall be
mitigated in accordance with California State law.
b. Perris Union High School District. Impacts to the Perris Union High School
District shall be mitigated in accordance with California State law.
54. Deposit 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 FINAL INSPECTION / OCCUPANCY
55. Walls and Fencing. Walls and fences shall require anti -graffiti coatings, where
applicable and as determined by the Community Development Director.
56. Final Planning Inspection. The permittee shall obtain final occupancy sign -off from
the Planning Division for each Building Permit issued by scheduling a final Community
Development Department inspection prior to the final sign -off from the Building
Department. Community Development staff shall verify that all pertinent conditions of
approval have been met, including compliance with the approved elevations, site plan,
parking lot layout, etc. The permittee shall have all required paving, parking, walls, site
lighting, landscaping and automatic irrigation installed and in good working condition.
57. Tower Physical Condition. The tower itself, as well as the proposed walls and lease
area, shall be in good repair (e.g. no damaged or missing walls or landscaping, and/or
any other apparent items needing repair).
58. Elevations. The elevations and colors shall conform substantially with that shown on
APPROVED EXHIBIT A.
Landscapin_g
59. Landscape Installation. All required landscape planting and irrigation shall have been
installed in accordance with approved Landscaping, Irrigation, and Shading Plans,
Menifee Municipal Code, Eastern Municipal Water District requirements and the
Riverside County Guide to California Landscaping. All landscape and irrigation
Page 19 of 25
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.
60. 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.
61. 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
62. Fees. Prior to issuance of occupancy/final inspections, the Community Development
Department shall determine if the deposit -based fees for the project are in a negative
balance. If so, any outstanding fees shall be paid by the permittee.
Page 20 of 25
Section III:
Engineering Department
Page 21 of 25
63. Reciprocal Access — Prior to map recordation, reciprocal access shall be established
across all parcels for appropriate on -site circulation, access for the project site and to
allow shared parking across parcels.
Page 22 of 25
Section III:
Office of the Fire Marshal
Page 23 of 25
GENERAL CONDITIONS
64. This project is located in LRA —VERY HIGH FIRE SEVERITY ZONE. Provide 30 feet
of defensible space from the structures.
65. This project is located in a LRA —VERY HIGH FIRE SEVERITY ZONE and shall comply
with Chapter 7A of the California Building Code.
66. Fire apparatus access road shall have unobstructed width of not less than 12 feet,
exclusive of shoulders, and 1 foot on each side for a total of 14 feet unobstructed
horizontal clearance, with an unobstructed vertical clearance of not less than 13 feet 6
inches.
67. A rapid entry Knox Box shall be installed on the outside of the building. If a Knox box
has already been installed provide keys to the tenant space for inclusion in the main
building Knox Box. Key(s) shall have durable and legible tags affixed for identification
of the correlating tenant space.
68. Generators (if any) shall be properly placed and comply with current code requirements
and protected from the public. No generator shall be within 35 feet of any building or
structure —(Plans will be separate submittal from cell site review prior to permit
issuance)
69. ADDRESS- The address shall be posted per the Riverside County Fire Department
standards and will be clearly visible from public roadways.
Page 24 of 25
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
Name (please print)
Date
Title (please print)
Page 25 of 25
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Rachel Valencia, Administrative Assistant of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC23-607 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 25th day of October, 2023 by
the following vote:
Ayes:
Long, Madrid, Thomas, LaDue
Noes:
None
Absent:
Diederich
Abstain:
None
chel Valencia; Administrative Assistant