Menifee City Council
March 2, 2022

4 4
6 3
1 Section 5:Compliance with CEQA. The proposed Development Code Amendment and associated Multi-Family Residential Objective Design Standards are in compliance with the requirements of the California Environmental Quality Act.

The proposed Multi-Family Objective Design Standards and associated Development Code Amendment comply with the requirements of the California Environmental Quality Act (CEQA), because the project is exempt from CEQA per Section 15061.b.3 “Common Sense Exemption” as the proposed Code Amendment and Objective Design Standards will establish review procedures and standards that are proposed to implement and facilitate compliance with state law, (i.e., SB 35), where the new Objective Design Standards are in addition to existing standards of the City of Menifee Development Code, are related to site design, architecture, architectural styles, and landscaping and do not affect or change any existing zoning, use, density/intensity or height requirements of the Development Code in a way that would cause potential environmental impacts, and therefore, is exempt from CEQA under the Common Sense Exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.

NOW THEREFORE, the City Council of the City of Menifee hereby approves the Multi- Family Objective Design Standards subject to the following:

1. That the City Council determine that the “Findings” set out above are true and correct.

2. That the City Council finds the facts presented within the public record and within this Planning Commission Resolution provide the basis to approve the Multi-Family Objective Design Standards attached as Exhibit “A” to this Resolution.

PASSED, APPROVED AND ADOPTED this 2ND day of March 2022.

Bill Zimmerman, Mayor
Approved as to form:

Jeffrey T. Melching, City Attorney
Attest:

Stephanie Roseen, Acting City Clerk
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 22
Menifee Mayor and City Council March 2, 2022

MULTIFAMILY

OBJECTIVE DESIGN STANDARDS
DRAFT DECEMBER, 2021

CITY OF MENIFEE, CALIFORNIA
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 23
Menifee Mayor and City Council March 2, 2022

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CITY OF MENIFEE
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 24
Menifee Mayor and City Council March 2, 2022

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MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Multifamily Objective Design Standards
C
ommunity Development Staff:

Cheryl Kitzerow, AICP , Community Development
Director
Orlando Hernandez, Planning Manager
Doug Darnell, AICP , Senior Planner
Kimberly Luna, Assistant Planner
Prepared By:

PlaceWorks
3 MacArthur Place, Suite 1 100
Santa Ana, CA 92707
Contact: Alan Loomis
Administrative Draft December, 2021
Prepared For:

City of Menifee
29844 Haun Road
Menifee, CA 92586
City Council Members:

Bill Zimmerman, Mayor
Dean Deines, Mayor Pro Tem
Bob Karwin
Matthew Liesemeyer
Lesa Sobek
City Manager:

Armando G. Villa
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 25
Menifee Mayor and City Council March 2, 2022

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CITY OF MENIFEE
Adopting Resolutions
(Insert date and list of resolutions , with amendments. Refer to Appendix A, Adopting Resolution for complete text.)
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 26
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MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Table of Contents
Chapter 1 - Introduction 1

1.1 Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.2 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

1.3 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1.3 User Guide. . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Chapter 2 - Site Design Objectives 9

2.1 Community Structure . . . . . . . . . . . . . . . . . . . . 5

2.2 Building Orientation . . . . . . . . . . . . . . . . . . . . . 8

2.3 Service Areas and Utilities . . . . . . . . . . . . . . . . . . 9 Chapter 3 - Architectural Design Objectives

3.1 Building Mass and Articulation. . . . . . . . . . . . . . 11

3.2 Roof and Window Forms. . . . . . . . . . . . . . . . . .13

3.3 Materials and Colors . . . . . . . . . . . . . . . . . . . . 12

3.4 Garages and Carports . . . . . . . . . . . . . . . . . . . 13 Chapter 4 - Architectural Styles 19

4.1 Architectural Style Standards . . . . . . . . . . . . . . . 17

4.2 Spanish Colonial Revival . . . . . . . . . . . . . . . . . . 18

4.3 Craftsman. . . . . . . . . . . . . . . . . . . . . . . . . . . .22

4.4 American Traditional . . . . . . . . . . . . . . . . . . . . 26

4.5 Farmhouse Contemporary . . . . . . . . . . . . . . . . 30

4.6 Tuscan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

4.7 Modern. . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Chapter 5 - Landscape Standards

5.1 Landscape Design. . . . . . . . . . . . . . . . . . . . . . . 42

5.2 Walls and Fencing. . . . . . . . . . . . . . . . . . . . . . . 46

5.3 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Chapter 6 - Administration 35

6.1 Administration of Standards . . . . . . . . . . . . . . . . 51

6.2 Steps for Approval. . . . . . . . . . . . . . . . . . . . . . . 52

6.3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Appendix A - Adoption Resolutions
A.1 Adopting Resolutions . . . . . . . . . . . . . . . . . . . . .59 Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 27
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CITY OF MENIFEE

1. INTRODUCTION
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 28
Menifee Mayor and City Council March 2, 2022

1 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 1: Introduction

1.1 Overview
The Multifamily Objective Design Standards have been adopted by the City of Menifee to evaluate residential development applications, and provide direction to developers and property owners on the key design components to streamline the project approval process. The standards also encourage development of workforce housing compatible with the surrounding
neighborhood and the overall character of the City of Menifee, while also ensuring a high level of design quality, and appropriate site planning.

1.2 Purpose
This document addresses changes in California State laws by placing an emphasis on standards that provide objective criteria to be used as the basis for project approval or denial.

Project applications eligible for this process (refer to Section 1.3, Applicability) shall receive a ministerial, non-subjective review.

These standards have been adopted by the City of Menifee to comply with California Senate Bill 35 as described below:

Senate Bill (“SB”) 35 Government Code Section 65913.4
SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial process, exempting such projects from environmental review under the California Environmental Quality Act (“CEQA”).

This process does not allow public hearings to consider the merits of the project; rather only design review or public oversight of the development is allowed, which must be objective and strictly focused on assessing compliance with criteria required for streamlined projects as well as objective design review of the project (Section 65913.4(c)(1).

Chapter 1 - Introduction
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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 29
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SB 35 requires the availability of a streamlined ministerial approval process for multifamily residential developments in jurisdictions that have not yet made sufficient progress toward meeting their regional housing need allocation (RHNA) goal for construction of above-moderate income housing and/or housing for units below 80% area median income (AMI).

As a part of this streamlining process, cities are required to establish objective design standards for multifamily residential development. SB 35 defines an objective design standard as one that involves “no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant…and the public official prior to submittal.”

1.3 Applicability
These Design Standards apply to proposals for new multifamily development within the City of Menifee, except those areas located within the boundary of a Specific Plan. According to the parameters set forth by Senate Bill 35, the Streamlined Ministerial Process shall be available to proposed communities having at least 10% of units priced to be affordable to households making at or below 80% of the Average Median Income level (AMI), prior to calculating any density bonus.

The site must meet the “infill” requirements (SB 35 definition), and be zoned for residential or mixed-use development. The applicant must also demonstrate that the site is not within Prime Farmland, or farmland within statewide importance, wetlands, a very high fire hazard zone, an earthquake fault zone, special flood hazard area, protected habitat area, or a conservation easement.

Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 30
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3 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 1: Introduction

1.4 User Guide
The Standards are structured to create an easily understood document using accessible language and imagery to streamline the approval process. A baseline index of quality is established while creativity is encouraged, and deviations are allowed on a case by case basis. An overview of the content of each chapter is included below:

B Chapter 1: Introduction. Overview of the purpose of the document and applicability of the Standards.

B Chapter 2: Site Design Standards. Standards for
placement of buildings, orientation of entrances, connection to pedestrian pathways, and placement of parking and trash enclosures.

B Chapter 3: Architectural Design Standards. Required
elements relating to form and massing, roof design,
windows, colors and materials, and other architectural
features.

B Chapter 4: Architectural Styles. Identification of
architectural elements within six styles: Spanish Colonial, Tuscan, Craftsman, American Traditional, Contemporary
Farmhouse, and Modern. The essential features of each style are outlined.

B Chapter 5: Landscape Design Standards. Requirements
for landscape elements, open space, buffer areas, walls and fencing, as well as lighting and signage.

B Chapter 6: Administration. Overview of the approval
process and definition of terms used within the document.

B Appendix A: Adopting Resolutions. The City Council
resolutions adopting the document.

Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 31
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2. SITE DESIGN

STANDARDS
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 32
Menifee Mayor and City Council March 2, 2022

5 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 2: Site Design Standards

2.1 Community Structure
The following community-wide design objectives are consistent with the City of Menifee General Plan and are elements used to convey an overall identity. Building and site layouts shall conform to the City Development Code standards regarding minimum setbacks, minimum open space requirements, maximum height requirements, and other city standards, unless specific variances or minor exception are granted.

B Design Consistency. Provide visual identification as part of the City of Menifee through complimentary landscaping, materials, and building forms.

B Preserve Natural Site Features. Maintain and incorporate the city’s natural amenities, including its hillsides, indigenous vegetation, and rock outcroppings, within proposed
projects.

B Clearly Define Public and Private Realm. Provide visual cues through planting, site planning, signage, fencing, pavement, and scale that clearly distinguish the public areas from private and semi-private areas.

Chapter 2 - Site Design Objectives
B Pedestrian-Serving. Design for the pedestrian by including elements such as walkways which minimize crossings,
lighting, street furniture, and trash receptacles to activate the public and semi-private areas and promote walkability.

Streetscapes form the bulk of community structure, and visually unite a neighborhood with the larger community by using elements such as landscaping, signage, street furniture, lighting, and sidewalks. Streetscape design is to be carefully considered, as it exerts a strong influence on the experience and perception of a project. The following Menifee standards pertain to streetscapes:

B Visibility Triangles. The areas at the end of private drives within the visibility triangle area shall adhere to the City of Menifee Road Improvement Specifications and Standards.

B Crime Prevention Through Environmental Design. A
key method for reducing the incidence of crime and fear of undue risk is through implementation of crime prevention through environmental design measures. Surveillance,
access control, territorial reinforcement, and maintenance are four major design and usage concepts.

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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 33
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2.1.1 Monuments
Monuments play a key role in the establishment of placemaking and the creation of community identity. Community monuments integrate the site with the surroundings and provide an entry and exit experience that creates an aesthetic and functional transition with adjacent areas.

Neighborhood monuments shall be similar in style (but smaller in scale) to either the existing community entry monument or the architectural style of the area they denote. The following standards pertain to both neighborhood and community monuments:

B Create an Identity. Community and neighborhood entry
statements shall be provided that create a distinctive image.

B Placemaking. The identity of new projects shall be strengthened with entry monuments, street signs, and/or special street trees, landscaping, and lighting.

B Location. Monuments shall be placed in setbacks, landscaped entries, or open spaces at principal entries.

B Sight Distances. The design and placement of monuments shall maintain required sight line distances as required by the City of Menifee Road Improvement Specifications and Standards.

B Monument Design. Composed of low garden walls designed to fit into the landscape theme. Entry slopes shall be pulled back from the corners of the wall with ground cover in front. Landscaping is required at the base of all monument signs and shall be no less in area than the square footage of the sign area.

B Theme. The architectural themes of the primary structures shall be reflected in neighborhood identification monuments.

Community entry monument example - Plan View
Example of a community entry monument.

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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 34
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7 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 2: Site Design Standards
Neighborhood entry monument example - Plan View Neighborhood entry monument example - Section View Examples of neighborhood identification monuments.

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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 35
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B Materials. Entry monuments shall be constructed of stone, brick, stucco, beams, planks, or similar materials.

2.2 Building Orientation
During the site design process, adjacencies shall be considered and treated appropriately to maintain the visual cohesiveness of the area. The following standards shall apply:

B Preserve Natural Features. Site plan strategies are to be utilized to preserve natural landforms, boulders, and rock outcroppings.

B Site Design. Building and site layouts shall conform to City standards regarding minimum setbacks, minimum open
space requirements, maximum height requirements, and
other city standards, unless specific variances are granted.

B Varied Setbacks. Long unarticulated building facades shall be avoided by incorporating varying setbacks; unbroken wall planes shall not exceed 30 feet.

B Site Entry Location. Project entries are to be located to minimize conflicts with adjacent residential neighborhoods .

B Parking Location. Parking lots and structures are to be functionally and visually integrated and connected; off-street parking lots should not dominate the streetscene.

B Maximize Open Space. Buildings are to be oriented to
maximize common open space with pedestrian connections
throughout. Five acres of open space are to be provided for every 1,000 residents.

B Observe Buffers. Require setbacks and other design
elements to buffer residential units to the extent possible from the impacts of abutting roadway, commercial,
agricultural, and industrial uses.

B Preserve Corridors. Recognize, preserve, and enhance the aesthetic value of the city’s enhanced landscape corridors and scenic corridors.

Parking spaces and garages should be oriented to the back or side of buildings. Off-street parking shall not dominate the streetscape.

Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 36
Menifee Mayor and City Council March 2, 2022

9 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 2: Site Design Standards

2.3 Service Areas and Utilities
Service areas shall be designed to minimize potential negative visual impacts of public and private facilities and support structures through sensitive site design and construction.

B Visual Buffers. Incorporate visual buffers, including landscaping, equipment and storage area screening, and
roof treatments, on properties abutting either Interstate 215 or residentially designated property.

B Trash Bins. Where individual trash bins and pick-up are proposed, the development shall ensure access and fire
lanes meet minimum requirements and dimensions.

B Trash/recycling. Consult with local waste collector to ensure containers are large enough to handle the refuse generated by the site.

B Location Exhibit. A trash bin/can location exhibit will be required with the development application review to ensure proper storage and access are being provided. CC&Rs will also need to address location of bins, timing for residents to put out and bring in trash cans (if individual pickup is used) and possible parking restrictions.

B Mailbox Design. Cluster mailbox enclosures shall be
designed to be similar or complementary in form, material, and color to the surrounding residential buildings.

B Mailbox Installation. Each mailbox installation shall conform to current United States Postal Service standards.

Illustration to of a well-designed trash enclosure
Mailboxes shall be complementary to surrounding residential buildings.

Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 37
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3. ARCHITECTURAL

DESIGN STANDARDS
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 38
Menifee Mayor and City Council March 2, 2022

11 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 3: Architectural Design Standards
Chapter 3 - Architectural Design Standards

3.1 Building Mass / Articulation

3.1.1 Architectural Design Concept
Well designed neighborhoods include readily identifiable common design elements such as highly articulated facades, distinct entrances, and shared recreational areas or other focal points. The scale, colors, materials, design details, and architectural style of buildings and furnishings of great neighborhhods reflect the overall theme. The following design objectives are to be reflected in the architectural concepts:

B Distinguishable Architectural Style. Building design
shall be consistent with a defined architectural style and incorporate design details commonly associated with that style.

B Contextually Sensitive. Consider the architectural design of neighboring projects, and the existing character of
the community. The project may adopt a consistent or
contrasting architectural approach.

Multi-family buildings shall incorporate a well-defined architectural style.

B Defined Hierarchy of Public and Private Spaces.

Public and private spaces shall be separated by buildings, enclosures, landscaping, screens, vegetation, paving, grade separation, fencing, or gates and doors. These features shall distinguish a progression from the public to the private realm.

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3.1.2 Building Form and Massing
Carefully crafted streetscapes are composed of well articulated building facades. Avoidance of monotonous streetscapes through the incorporation of recesses and architectural detailing.

B Articulation. Deep recesses and architectural detailing is required to avoid long, unbroken building expanses.

Unbroken wall planes greater than 30 feet in length are prohibited.

B Projections. Projecting architectural features such as bowed or bay windows, columns, offset roof planes, and
similar features should be used to create both vertical and horizontal articulation. Offsets and recesses are to measure a minimum of 12 inches.

B Rear and Side Elevations. Offsets and recesses of at least 12 inches shall be included on the rear facades and sides that are adjacent to or visible from streets or open spaces.

B Identifiable Entries. The main building entrance shall be clearly identifiable and distinguished. All entrances shall be emphasized using lighting, landscaping, and architecture.

Example of a multifamily community with front doors facing a collector street.

Example of well articulated multifamily building massing.

Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 40
Menifee Mayor and City Council March 2, 2022

13 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 3: Architectural Design Standards

3.2 Roof and Window Forms

3.2.1 Roof Forms
The California Energy Code (Title 24) requirements are to be considered in roof design, along with meeting the following standards:

B Maximize Solar Exposure. New homes are required to
have roofs structurally designed to maximize solar exposure for the potential installation of solar features.

B Roof Mounted Equipment. Roof lines and roof forms
shall be designed to screen roof mounted mechanical
equipment. All screening shall be constructed consistent with the materials of the building and not simply “box-in” the equipment.

B Parapet Roofs. I f the interior side of a parapet is visible from pedestrian view, it shall be finished with the same materials and a similar level of detail as the front facade.

3.2.2 Windows Forms
Window and door type, material, shape, and proportion shall complement the architectural style of the building.

B Feature Windows. Front and visible edge elevations shall incorporate one feature window treatment that articulates the elevation. Feature Window options include (Choose 1 at least):

B A picture window,
B A window of unique shape or size,
B A window with a substantial surround matching or
contrasting the primary color of the home,
B Decorative iron window grilles,
B A recessed window,
B Decorative window shelves or sill treatments,
B A Juliet balcony with style inspired materials.

Examples of a feature window and a uniquely sized and shaped window.Example of a parapet roof.

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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 41
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3.3 Materials and Colors
Building materials and colors shall reflect the architectural style of the neighborhood, and a cohesive palette shall be developed and carried throughout the project.

B Avoid Unbroken Wall Planes. W here appropriate to the architectural style, materials and textures shall vary between the base and body of a building to break up large wall planes and add a visual base to the building.

B Wrap Corners. Materials applied to any elevation shall turn the corner of the building, ending at a logical termination point related to the roof line or building massing, or a minimum of two feet.

Color and material selections shall reinforce the style of the home.Example of effective color blocking and corner wrapping treatment.

Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 42
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15 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 3: Architectural Design Standards

3.4 Garages and Carports
Garages are to be articulated to the same degree as other portions of the building, and landscaping shall be incorporated to soften the visual quality of alley access ways.

B Garage Locations. Minimize garage doors along street fronts. A maximum of 20% of garages shall be accessed from collector streets.

Other garages shall be accessed from an alley.

B Recessed Garage Doors. Garage doors shall be recessed a minimum of six inches from the face of the garage.

B Garage Size. All two-car garages shall have a minimum free and clear interior dimension of 20 feet x 20 feet, while one-car garages shall have a minimum dimension of 10 feet x 20 feet.

B Detached Structures. Carports, detached garages, and other ancillary structures shall be designed as an integral part of the development, and shall be constructed of complimentary material and colors.

B Carport Roofs. Carports should be compatible with the finish colors and materials of the primary building. Carports should be engineered to be solar ready.

2-CAR GARAGE - MIN. 20’X20’ * 1-CAR GARAGE - MIN. 10’X20’ * Example of well-articulated carports and garages.* All measurements referenced in these garage size diagrams are referring to the interior dimensions.

Add 6-7 inches per wall for exterior dimensions.

Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 43
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4. ARCHITECTURAL
STYLES
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 44
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17 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 4: Architectural Styles
Chapter 4 - Architectural Styles

4.1 Architectural Style Standards
The City of Menifee General Plan calls for a cohesive and attractive built environment in harmony with both the natural and built environments. New residential construction is to reflect the high level of quality of existing planned communities.

The articulation of cohesive architectural elements plays a key role in creating a positive community identity. A balance between authenticity of style and contemporary interpretations of historic elements is key to achieving an attractive multifamily community.

This chapter identifies six architectural styles which speak to the heritage of the Southern California region, as well as aspirations for the future built environment of Menifee. The preferred styles identified through the community engagement process are as follows:

B Spanish Colonial Revival
B Craftsman
B American Traditional
B Contemporary Farmhouse
B Tuscan
B Modern
Alternative styles may be submitted to review by the Community Development Department. However, since a wide range of styles has been provided it is expected that most projects will follow one of the above alternative styles.

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SMALL PORCH

RECESSED ENTRANCES

DECORATIVE LIGHT

FIXTURES

DECORATIVE SPANISH TILE

AROUND PRIMARY ENTRIES

ARCHED ENTRIES AND

WINDOWS

BALCONY WITH

IRON RAILING
NICHES

LOW PITCHED

GABLE ROOF

CLAY TILE ROOF

RECTANGULAR,
DOUBLE–HUNG

WINDOWS

DECORATIVE IRON GRILLES

NO OVERHANGING EAVES

4.2 Spanish Colonial Revival

4.2.1 Style Description
Derived from Spanish/Mediterranean and early Californian influences, this style emerged in the late 19th and early 20th centuries.

Generally, Spanish Colonial Revival style buildings are asymmetrically designed. The style features low-pitched roofs with little or no overhang, and serpentine roof tiles. These homes usually featured wood framing with light color stucco siding. The use of the arch was common, especially above doors, porch entries and main windows.

Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 46
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19 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 4: Architectural Styles

4.2.2 Form and Massing
Required Elements
B Asymmetrical facade
B Multiple roof planes
B Balconies or small porches
B Entrances recessed at least 12”
B Arched doorway

4.2.3 Roof Design
Required Elements
B Low pitched roof (4:12 maximum)
B Spanish (S-shaped) or Mission (half
cylinder) roof tiles
Additional Elements (Choose 2)
B Gabled (front facing) or shed roofs
B Small 12” or less decorative exposed rafter
tails or beams
B Extended overhanging eaves (min. 4
inches facing front)
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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 47
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4.2.4 Window Design
Required Elements
B Arched windows (flat or semi circle)
B Recessed windows with sill and/or headers
surrounds
B Simple divisions of window muntins
Additional Elements (Choose 2)
B Casement windows (50% of total minimum)
B Tall, double–hung windows (50% of total
minimum)
B Decorative wrought iron grill work

4.2.5 Materials & Colors
Required Elements
B White or tan stucco wall with smooth or
lightly textured finish (i.e. hand troweled or
smaller particles)
B Window frames in a contrasting color such
as black, dark brown, forest green, and navy
blue
B Wrought iron light fixtures with curving
brackets
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21 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 4: Architectural Styles

4.2.6 Decorative Accents &
Details
Required Elements
B Wrought iron light fixtures with curving
brackets
Additional Elements: (Choose 5)
B 1. Fabric awnings with metal supports
B 2. Decorative tiles
B 3. Clay tile vents
B 4. Wood brackets
B 5. Wrought iron railing
B 6. Recessed niches
B 7 . Stucco finished chimney with round or
rectangular openings
B 8. Exterior staircase with tile accent

7 86
5 1 2 3
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Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 49
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CONTINUOUS

MOLDING EMPHASIZES

HORIZONTALITY

OVERHANGING

EAVES WITH EXPOSED

RAFTER TAILS

DOUBLE-HUNG WINDOWS

WITH MUNTINS DIVIDING

THE UPPER SASH INTO

FOUR OR SIX SECTIONS

DECORATIVE LIGHT

FIXTURE

PARTIAL-WIDTH PORCH
WOOD 4-POST COLUMN

WITH STONE PIER

WOOD SHINGLES

LOW PITCHED GABLE
ROOF

WINDOW BOX

BALCONY

TRELLIS

STONE WAINSCOTING

4.3 Craftsman

4.3.1 Style Description
The Craftsman style emerged in the early 20th century out of the Arts and Crafts movement. In Menifee, this style is deployed to create a visually rich environment with allusions to regional history. As indicated in the accompanying precedent images and illustrative diagram, recognizable elements include the artful use of wood and natural materials, low-pitched gabled or hipped roofs, horizontal orientation and earth-toned colors. Common design elements also include exposed rafters and beams under eaves, decorative brackets and fasteners, full- or partial-width porches and large columns or piers. Though this style exhibits a horizontal emphasis, vertical architectural elements are often deployed to accentuate corners and entrances. Period Craftsman residences often featured exterior cladding of wood shingles or clapboard siding and details such as extended lintels and decorative lighting with geometric detailing.

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4.3.2 Form and Massing
Required Elements
B Multiple roof planes
B Porches or balconies
B Articulated facades with frequent massing
breaks
B Porches with battered, square, double post
or 4-post columns of stone or wood

4.3.3 Roof Design
Required Elements
B Low- to moderate-pitched gable or
hipped roofs (maximum 5:12 slope)
B Overhanging eaves (minimum 12 inches
along primary elevation)
B Exposed rafter tails or beams
B Brackets or knee braces at gabled ends

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4.3.4 Window Design
Required Elements
B Double-hung windows with muntins dividing
the upper sash into four or six sections
B Contrasting shingles or clapboard siding
B Wooden trim with color contrasting with
walls

4.3.5 Materials and Colors
Required Elements
B Natural accent materials such as stone or
wood. Appropriate stone types include river
rock or stacked stone
B Rich, neutral or earth-toned colors
Decorative Accents and Details
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4.3.6 Decorative Accents and
Details
Required Elements
B Porches with battered, square, double
post or 4-post columns of stone or wood
B Decorative lighting with geometric
detailing
Additional Elements (Choose 5)
B 1. Decorative downspouts
B 2. Moldings or extended lintels to
emphasize horizontality
B 3. Decorative joinery
B 4. Trellis
B 5. Window boxes
B 6. Brackets or knee braces at gabled ends
B 7 . Craftsman styled address marker
21 3
5 76

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4.4 American Traditional

4.4.1 Style Description
The American Traditional style represents a blending of traditional American styles including Cottage, Cape Cod and Farmhouse. Simple and classic elements characterize the style including rectangular forms, wide front porches, decorative shutters, dormers, and wood siding. The style represents a traditional interpretation of the rural farmhouse. Color blocking is usually subtle with white or gray shades comprising the body of the home with light or dark shutters providing contrast. Classical detailing often includes decorative attic vents and simple columns.

DECORATIVE ROOF VENT

CONTRASTING SHUTTERS

FRONT PORCH WITH

SLENDER COLUMNS

RECTANGULAR DOUBLE

HUNG WINDOWS

SIDE GABLED MEDIUM

PITCHED ROOF WITH

ASPHALT SHINGLES
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4.4.2 Form and Massing
Required Elements
B Accentuated front entrance
B Farmhouse style massing
B Side-gabled and front-gabled roof
forms

4.4.3 Roof Design
Required Elements
B Medium to High-pitched roof
(minimum 6:12 slope)
B Asphalt shingles or synthetic slate
shingles
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4.4.4 Window Design
Required Elements
B Rectangular windows oriented
vertically
B Windows detailed with arched or flat
lintels and sills
B Double-hung sashes with muntins

4.4.5 Materials and Colors
Required Elements
B Off-white and earth tones, muted
colors
B Brick cladding, wood, engineered
wood, or vinyl siding cladding
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4.4.6 Decorative Accents and
Details
Additional Elements (Choose 3 )
B 1. Porch with slender columns
B 2. Contrasting paneled shutters
B 3. Arched accent windows or roof vents
B 4. Decorative attic vents
B 5. Dormer windows
1 2
3 
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STEEPLY PITCHED ROOF

ACCENTUATED

VERTICAL ELEMENTS

DORMER WINDOWS

HORIZONTAL AND VERTICAL WOOD

BOARD AND BATTEN SIDING

MULTIPLE ROOF PLANES

FIXED, OPEN AWNING

CASEMENT WINDOWS WITH

MUNTINS

4.5 Contemporary Farmhouse

4.5.1 Style Description
An interpretation of rural residential forms and materials, the Contemporary Farmhouse style reflects the regional agricultural history as well as commercial structures in Menifee. Playful elements such as shed roofs, bright color blocking, and contemporary versions of farm structures such as barns and silos are typical. Roofs are medium to high-pitched, and simple detailing may include porches and wall-mounted gooseneck lights.

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4.5.2 Form and Massing
Required Elements
B Vertical emphasis on facade
B Farm and ranch forms inspired by barns,
silos, sheds, tank houses and granary
towers
B Multiple gable and shed roof planes
B Covered porches and awnings between
lower and upper floors
B Utilize board and batten siding,
corrugated panels to give texture and
variation to exterior walls

4.5.3 Roof Design
Required Elements
B Medium to high-pitched (6:12 slope)
B Front and/or side facing gables
B Variation in heights and/or planes
B Asphalt shingle, metal roofs or synthetic
slate shingles
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4.5.4 Window Design
Required Elements
B Minimal molding around window and
door openings
B Double hung or casement windows
with muntins

4.5.5 Materials and Colors
Required Elements
B Siding materials include wood,
engineered wood, vinyl, steel, fiber
cement
B Unadorned materials: metal, wood,
masonry
B Unified color scheme of either neutral
/ muted or bright / playful colors
B Contrasting accent colors for doors,
windows or features
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4.5.6 Decorative Accents and
Details
Additional Elements (Choose 5)
B 1. Front porch with simple columns
B 2. Barn-style gooseneck lighting
B 3. Open metal awnings
B 4. Playful, bright color blocking
B 5. Black or white contrasting window
sashes
B 6. Shed dormer windows
B 7 . Simple gable brackets
B 8. Simple decorative roof vents
1 2
3 
5 6
7 8
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OVERHANGING EAVES

FLAT OR SERPENTINE

ROOF TILES

WINDOW WITH FLAT LINTEL

AND DIVIDED LITES

VARIATION OF ROOF
PLANES

EXPOSED RAFTER TAILS

VERTICALLY-ORIENTED

RECESSED WINDOWS

SQUARE PROJECTIONS

DECORATIVE METAL

LIGHT FIXTURE
STONE

STONE AND SMOOTH

STUCCO WITH LIGHT

EARTH TONES

RECESSED ENTRY

ARCHED OPENINGS

4.6 Tuscan

4.6.1 Style Description
Tuscan architecture style combines modern and classic elements that make up in the Spanish Revival style and Italian elements.

This style hearkens to the Mediterranean variants found throughout California, with rustic elements. Recognizable elements include the use of stone and stucco, light earth tones, and red tiled roofs. Classical elements such as columns and arches and decorative iron work add visual complexity. Squared towers and projections reflect classic Italianate influences. Porches and porticoes are common, as are vertically-oriented recessed windows.

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4.6.2 Form and Massing
Required Elements
B Asymmetrical arrangement of windows
and design elements along primary
elevation
B Porches, porticoes
B Recessed entries

4.6.3 Roof Design
Required Elements
B Flat or low to moderate-pitched roof
(maximum 6:12 slope)
B Flat or serpentine tiles
B Variation of roof planes
B Overhanging eaves (minimum 12 inches
along primary elevation)
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4.6.4 Window Design
Required Elements
B Vertically oriented rectangular
or arched windows arranged in
asymmetrical patterns
B Casement or double-hung sash with
flat or arched lintels
B Windows recessed 3 to 12 inches from
outer wall
B Divided lite windows

4.6.5 Materials and Colors
Required Elements
B Incorporate rough-hewn stone as
accent feature
B Flat stucco walls in light earth tones
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4.6.6 Decorative Accents and
Details
Additional Elements (Choose 5)
B 1. Juliet balcony
B 2. Decorative wood shutters
B 3. Tower element
B 4. Wood trellis structure
B 5. Stucco or stone chimneys
B 6. Arcade or porch at entry
B 7 . Decorative ironwork (window grilles,
railings, light fixtures, decorative
planters)
B 8. Arched entryway
5 6 7 8
1 2
3 
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4.7 Modern

4.7.1 Style Description
Modern is a contemporary style derived from utilitarian precedents, utilizing block forms, contrasting colors, and eclectic combinations of materials in modern compositions. This style projects a minimalist, clean aesthetic. Simple rectangular shapes and forms are combined within horizontal and vertical planes to create dynamic lines. Flat roofs reinforce the rectangular shapes and provide an opportunity for outdoor deck areas. Accents are simple and modest, usually taking the form of trellis elements.

CLEAN AESTHETIC

WITH MINIMAL

ORNAMENTATION

FLAT ROOFS

LARGE WINDOWS AND

OPENINGS

GEOMETERIC,

RECTANGULAR SHAPES

EMPHASIS ON HORIZONTAL

AND / OR VERTICAL LINES
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4.7.2 Form and Massing
Required Elements
B Asymmetrical composition
B Emphasis of rectangular forms
B Horizontal massing
B Lack of ornament or mouldings
B Geometric shapes

4.7.3 Roof Design
Required Element
B Flat or low-pitched roofs (4:12 slope max)
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4.7.4 Window Design
Required Elements
B Large windows set in horizontal or vertical
bands
B Narrow window frame

4.7.5 Materials & Colors
Required Elements
B Traditional materials such as stucco, wood,
brick and stone reflect a contemporary
aesthetic
B Color blocking to emphasize geometric
forms and break down massing elements
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1 2
3
5 6

4.7.6 Decorative Accents and
Details
Additional Elements (Choose 3 )
B 1. Metal balcony railings
B 2. Eclectic mix of materials including steel,
concrete block, brick, iron, and / or glass
B 3. Broad roof overhangs
B 4. Useable outdoor roof decks
B 5. Trellis shade structures
B 6. Playful use of color to provide
contrasting elements
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5. LANDSCAPE

STANDARDS
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43 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Chapter 5: Landscape Standards
Chapter 5 - Landscape Objectives

5.1 Landscape Design

5.1.1 General Objectives
Landscaping that conveys a positive image of the community or neighborhood is key to creation of an aesthetically pleasing neighborhood. The following reflects the City of Menifee’s objectives for attractive landscape design:

B Buffers Between Dissimilar Uses. Require open space
and recreation buffers, increased setbacks/step backs,
landscape screening, sensitive site planning, and/or other buffer techniques, to the extent possible, between rural/ equestrian-oriented land uses and dissimilar uses.

B Quality Design. Design Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict.

B Create Visual Interest. Encourage the use of creative landscape design to create visual interest and reduce
conflicts between different land uses.

Example of an accessible trail with seating.

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Softening of buildings with landscape is important for streetscape enhancement.

B Accessible Trails. Develop recreational trails for hiking, biking, and equestrian use throughout the city, making
them, to the extent feasible, accessible to people of
different neighborhoods, ages, and abilities.

B Landscape Softening. Landscaping shall be incorporated around the base of buildings to soften the edge between parking, drive aisles and sidewalks.

B Appropriate Transitions. Preserve, protect, and enhance established rural, estate, and residential neighborhoods by providing sensitive and well-designed transitions (building design, landscape, etc.) between these neighborhoods and adjoining areas.

Examples of effective landscape treatments near multifamily residences.

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Examples of passive recreational open space areas.

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5.2 Walls and Fencing
Walls and fencing play an important role in the establishment of the overall level of quality of a community. The following standards apply to wall and fencing requirements:

B Perimeter Walls. Community perimeter or theme walls
shall be solid decorative block walls located where view opportunities are not available. Walls shall be architecturally treated on both sides and shall incorporate landscaping whenever possible.

B Wall Materials. Plain concrete block walls (i.e. precision block) are not permitted. Brick, slump stone, tile, textured concrete, stucco on masonry or steel framing or other material walls which require little or no maintenance are required. Chain link fencing with inserts shall not be used.

B Wall Caps. Wall caps are to be inclorporated as a horizontal design element at the top of walls and should not exceed 4 inches vertical.

B Fencing. Wrought iron or tubular steel fencing, or other transparent type of fencing shall be included within projects where view opportunities and/or terrain warrant its use.

B Integration of Appropriate Style. Design walls and fences that are well integrated in style with adjacent structures and terrain and utilize landscaping and vegetation materials to soften their appearance.

Example of attractive community walls with landscape softening.

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Examples of attractive walls and fencing within the City of Menifee.

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5.3 Lighting
Lighting is an important consideration for multifamily homes to encourage nighttime activity and ensure safety. However, excess light can have negative environmental impacts. The following standards apply to lighting requirements:

B Entrance Lighting. Building entrances and street numbers shall be well-lit and illuminated to be visible from the street.

B Walkway Lighting. Walkways and paseos and parking
lots and access shall be illuminated with a minimum of 1 footcandle to ensure safe nighttime conditions.

B Security Lighting. Building mounted security lighting fixtures shall not project above the fascia or roof of the building.

B Dark Sky/Light Pollution Ordinance. Light sources for wall washing and tree lighting should be hidden and shall meet the standards required by Menifee Municipal Code 6.01:

Dark Sky Light Pollution.

B Energy Efficiency. Incorporate timers and sensors to avoid unnecessary lighting and avoid unnecessary energy use.

B Architectural Compatibility. Lighting Fixtures should complement and be compatible with the building’s design and architectural style.

B Appropriately Sized. Fixtures shall be in scale with the building facade.

Examples of outdoor lighting.

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Examples of appropriate site amenities including enhanced entrance design, planters, water features and a bicycle racks.

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6. ADMINISTRATION
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Chapter 6 - Administration

6.1 Administration of Standards
This chapter provides methodology for the implementation of the Objective Design Standards, including administration, project approval, and appeals. The responsibilities of the City of Menifee Community Development Staff shall include administering, interpreting, and enforcing all requirements and standards of this document.

6.1.1 Interpretation and Severability
Unless otherwise provided herein, any ambiguity concerning the content or application of the Objective Design Standards shall be resolved by the City of Menifee Community Development Director (Director) or his / her designee in a manner consistent with the goals, policies, purpose, and intent established in this document. If any portion of these standards is declared to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining parts of the remaining portions thereof. Should there occur any interpretive conflict between this document and the City of Menifee Municipal Code, the Municipal Code shall take precedence.

6.1.2 Other Reference Documents
The standards and development parameters unique to
multifamily development are provided within this document and as such is the first source of direction regarding proposals, but it is not the only source. This section outlines the other documents pertaining to multifamily housing design, including the 2035 City of Menifee General Plan, Menifee Development Code, and other related City documents.

The City of Menifee Community Development Department will actively seek to clarify and maintain internal consistency between this document and other existing documents, including the following:

City of Menifee General Plan
A General Plan is a statement of the community’s land use values and is the underlying basis for its vision and direction. The City of Menifee General Plan serves as a long-term policy guide for the physical, economic, and environmental growth.

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City of Menifee Development Code
The City of Menifee Municipal Code (Title 9, Articles 3 and 4) establishes districts throughout the City with permitted land uses and development standards. These development standards create the framework for the physical form of the community (building setbacks, heights, etc.). Where the Objective Design Standards are silent, the Development Code will apply as appropriate.

City of Menifee Road Improvement Specifications and
Standards
These standards were adopted by the City of Menifee in 2019, and include standard design details for streets, roads, medians, curbs and driveways including geometrics. Other standards within the document are trails and bikeways, trash enclosures, lighting, irrigation, and planting details.

City of Menifee Multifamily Design Guidelines
The Menifee Multifamily Design Guidelines contain both
standards and flexible options intended as a reference point for a common understanding of the minimum qualitative design expectations. In this way the Design Guidelines differ from the Objective Design Standards, as they are not a checklist of required elements, and offer non-objective suggestions for high quality design.

6.2 Steps for Approval
Procedures for the review and approval of the SB35 Multi-Family Ministerial Review Permit, refer to the Menifee Development Code Chapter 9.87 - SB35 Multi-Family Ministerial Review.

It is the intent of the City of Menifee to require compliance with these objective design standards. However, the City will not impose or enforce any subjective standard that is clearly not an objective standard.

6.3 Definitions
Arcade. A roofed passageway or lane. A series of arches supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery.

Arched. A curved or pointed structural element that is supported at its sides
Articulation. The distinct details, features, textures, or forms in relation to the whole facade.

Asymmetry. Irregular correspondence of form and configuration on opposite sides of a dividing line or plane or about a center or an axis; having unbalanced proportions.

Attached. Joined to or by a wall, especially by sharing a wall with another building; not freestanding.

Awning. A roof-like structure, often made of canvas, wood, or metal that serves as a shelter, as over a storefront, window, door, Item Title: 11.2
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or deck.

Balcony. A platform that projects from the wall of a building and is surrounded by a railing, balustrade or parapet.

Board and Batten. A form of sheathing for wood frame buildings consisting of wide boards, usually placed vertically, whose joints are covered by narrow strips of wood over joints or cracks.

Brackets. A projection from a vertical surface providing structural or visual support under cornices, balconies, windows, or any other overhanging member.

Buffer. A term often applied to landscaped areas separating incompatible land uses. Can also mean an area of a “transitional” land use that lies between two incompatible land uses.

Canopy. A protective roof-like covering, often of canvas, mounted on a frame over a walkway or door or niche; often referred to as an awning.

Casement Window. A window with side hinges that swings
outward from either the right or left.

Coping (Cap). A flat cover of stone or brick that protects the top of a wall.

Court. 1) An extent of open ground partially or completely enclosed by walls or buildings; a courtyard. 2) A short street, especially a wide alley walled by buildings on three sides. 3) A large open section of a building.

Curb Cut. The elimination of a street curb to enable increased Arcade
Porch
Gallery
Terrace

FRONTAGE TYPES

BOARD AND BATTEN
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access to crosswalks/sidewalks, entry driveways or parking lots.

Decorative Joinery. Embellishments or ornamental features used for decoration at the juncture of structural elements.

Detached. Standing apart from others; separate or disconnected.

Detail. An element of a building such as trim, moldings, other ornamentation or decorative features.

Dormer. A structure projecting from a sloping roof usually housing a vertical window that is placed in a small gable, or containing a ventilating louver.

Double-hung Windows. A window unit that has two operable sashes which move vertically in the frame.

Downspout. A vertical pipe used to conduct water from a roof drain or gutter to the ground or cistern.

Eave. The projecting lower edge of a roof.

Eclectic. Selecting or employing individual elements from a variety of sources, systems, or styles.

Elevation. An orthographic view of the vertical features of a building (front, rear, side, interior elevation).

Facade. The entire exterior side of a building; especially the architectural front, sometimes distinguished from the other sides by elaboration of architectural or ornamental details.

Fascia.A plain horizontal band; a fascia board will cover the joint between the wall and the projecting eaves.

SHINGLES

WINDOW BOXES
NICHE
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Fanlight. A semicircular window, usually over a door with radiating bars suggesting an open fan.

Gable Roof. A ridge roof that slopes up from only two walls. A gable is the vertical triangular portion of the end of a building from the eaves to the ridge of the roof.

Hipped (Hip Roof). A roof that is sloped on all four sides.

Knee Brace. A diagonal corner member for bracing the angle between two jointed members; being joined to each other partway along its path serves to stiffen and strengthen the joint.

Maintenance. The work of keeping something in proper
condition; upkeep.

Massing. The general shape, form, and size of a building.

Monument Sign. A ground sign with low overall height.

Monument sign have the appearance of a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials that is compatible with the building materials on the subject property.

Mullion. The vertical member separating adjacent windowpanes.

Multi-family. A multifamily home is any residential property that contains more than one housing unit, such as a duplex, a townhome or an apartment complex.

Muntin. Wood or metal strips separating panels in a window.

Niche(s). A decorative recess set into a wall for the purpose of displaying a statue, vase, font, or other object.

COPING (CAP)

DECORATIVE JOINERY
DORMER
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Overhanging Eaves. The projecting overhang at the lower edge of a roof that sheds rainwater.

Parapet. A retaining wall at the edge of a roof, porch, or terrace.

Pier. A vertical, non-circular masonry support, more massive than a column.

Pilaster. A rectangular column with a capital and base, set into a wall as an ornamental motif.

Pitch. To set at a specified downward slant, i.e. pitch the roof at a steep angle.

Porch. A covered platform, usually having a separate roof, at an entrance to a building. An open or enclosed gallery or room attached to the outside of a building; a veranda.

Portico. A structure consisting of a roof supported by columns or enclosed by walls, usually attached to a building as a porch.

Proportion. The relationship of size, quantity, or degree between two or more things or parts of something.

Rafter Tails. The portion of the rafter that hangs over the wall.

Rooflines. Lines where changes in roof occur, such as ridge, hip, valley, etc., often at different angles.

Scale. The proportion of one object to another. “Pedestrian” or “human” scale incorporates building and landscape elements that are modest in size. “Monumental” scale incorporates large or grand building elements.

EAVE

GABLE ROOF HIP ROOF

KNEE BRACE
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 84
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57 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Appendix A: Adopting Resolutions
Setback. 1) The recessing of the upper part of the facade due to the smaller area of the upper floors; 2) The distance a building is located from the property line, curb of the street, or the edge of the sidewalk.

Shed Roof. A roof shape having only one sloping plane.

Shingles. Thin pieces of wood used in overlapping rows to cover roofs and exterior walls of houses; can be cut in decorative shapes.

Shutter. A movable cover for a window used for protection from weather and intruders.

Siding. The exterior wall covering of a structure.

Sill. The horizontal exterior member at the bottom of a window or door opening, usually sloped away from the bottom of the window or door for drainage of water and overhanging the wall below.

Streetscape. The overall appearance of a street or grouping of streets in an area and/or the relationship of buildings to the surrounding sidewalk and streets.

Stucco. A durable finish for exterior walls, usually composed of cement, sand, and lime and applied while wet. A fine plaster for interior wall ornamentation, such as moldings.

Symmetry. Exact correspondence of form and configuration on opposite sides of a dividing line or plane or about a center or an axis; having balanced proportions.

Townhome. An urban building without side yards, containing one residence on one or more floors.

MULLION AND MUNTIN

PORTICO

RAFTER TAILS
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 85
Menifee Mayor and City Council March 2, 2022

58 CITY OF MENIFEE, CALIFORNIA
Trellis. A system of horizontal joists supported on posts, often designed to support growing plants or provide shade.

Trim. Any visible woodwork or moldings that cover or protect joints, edges, or ends of another material. Examples: baseboards, cornices, door trim, and window trim.

Window Boxes. A long, narrow box in which flowers and other plants are grown, placed on an outside windowsill.

Window Sash. The moveable part of a window made up of the vertical and horizontal frame that holds the glass.

DOUBLE-HUNG WINDOWS CASEMENT WINDOW
FASCIA
Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 86
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59 MULTIFAMILY OBJECTIVE DESIGN STANDARDS • DRAFT DECEMBER, 2021 Appendix A: Adopting Resolutions
Appendix A - Adopting Resolutions
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Item Title: 11.2
Multi-Family Objective Design Standards and Development Code Amendment Item Page Number: 88
Menifee Mayor and City Council March 2, 2022

CITY OF MENIFEE
SUBJECT: Solid Waste and Recycling Ordinance Amendment
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Kori Jones, Management Analyst II
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
---------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Introduce an Ordinance amending Menifee Municipal Code Title 6, Chapter 6.30 Solid Waste and Recycling to meet requirements of California’s Short-Lived Climate Pollutant Reduction Strategy (Senate Bill 1383).

DISCUSSION
Background
California’s Short-Lived Climate Pollutant Reduction Strategy, Senate Bill 1383 (SB 1838), aims to reduce state methane emissions by diverting 75% more organic material out of landfills and by donating 20% more edible food to families in need. These objectives are largely accomplished through programs implemented at the local level where the state requires cities to initiate, monitor, and ultimately enforce programs through local ordinance.

SB 1383 outlines seven key program areas that the state requires of cities:
Organics collection service - Single family households must establish collection service for organics. Language also expands on existing recycling legislation for commercial waste generators and multi-family dwellings with five or more units. Edible food recovery - Tier 1 and Tier 2 food generators (restaurants, retailers, grocers, etc.) must establish donation agreements with food recovery agencies. Education and Outreach – Prior to mandatory enforcement in 2024, cities can focus on public outreach and education about new requirements. Procurement – Cities are required to procure a certain amount, annually, of recycled organic materials such as paper products, biofuel, mulch/compost.

Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 1
Menifee Mayor and City Council March 2, 2022

City of Menifee Staff Report
SB 1383 Ordinance
March 2, 2022

8 4
8 Capacity Planning – Cities are to work with their hauler and on regional level to assess and establish capacity to process organic material. Enforcement – Pass enforceable ordinance and monitor compliance. Recordkeeping – Establish record keeping of all program areas and produce reports as required by the State.

Local Implementation
When the legislation passed in 2016, SB 1383 mandated that cities implement programs by January 1st, 2021. Due to the lack of clarity for specific program requirements as well as limitations presented during the Covid-19 pandemic, many cities across the state were unprepared to fully meet requirements by the January 1 deadline.

As a result, SB 619 was approved by the California legislature in 2021, which provided cities an additional year free of penalties for non-compliance. To take advantage of this grace period, cities could opt to submit for approval a notice of intent to comply by March 1, 2022.

The SB 1838 compliance process outlines state enforcement over jurisdictions considered to be significantly out of compliance. It is an escalating process triggered with a receipt of notice of non-compliance.

To assist with implementation of SB 1383 program, the Cal Recycle Local Assistance Grant Funds call for projects was released in January 2021. These non-competitive funds are based on per capita estimates with a base amount of $20,000. Menifee is currently eligible to receive up to $131,767. Allowable expenses include outreach, education, professional services, materials, and supply purchases. Incentive programs such as bill assistance and business assistance programs are prohibited. Applications for first round funding were submitted in January of 2022 and award notifications are estimated to be received in April of 2022. To remain eligible for funding, the City must adopt an enforceable ordinance by April 1, 2022.

As the local assistance grant precludes the use of funds for incentive programs, Community Services will propose budgeting funds to establish both a senior bill assistance for two years and local business assistance grant program. The business assistance program would be a reimbursement program to assist businesses with training, signage, and supply or equipment purchases.

In addition to these local assistance measures, Community Services, would continue outreach and education via city-sponsored and partnered events, social media, and direct mail; working with Waste Management, local food recovery agencies, and regional partners to establish capacity; and implement other program areas as outlined under the mandate. Community Services also partnered with Menifee Valley Community Cupboard Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 2
Menifee Mayor and City Council March 2, 2022

City of Menifee Staff Report
SB 1383 Ordinance
March 2, 2022

8 4
8 to pursue state funding to expand capacity and operations to accommodate increased donations from local Tier 1 and Tier 2 commercial food generators.

Hauler Responsibilities
Waste Management, as the cities franchise hauler, will play an integral role in establishing local capacity to process organic material, monitoring compliance and reporting, and assisting with public outreach and education. Beginning July 1, 2022, the hauler has proposed the use of both smart truck scanning technology and manual route audits to monitor compliance and generate reports on contamination. The hauler would continue to assist with public outreach via Menifee Matters, newsletters, direct mail, and event presence. Lastly, Waste Management will assist the City in meeting its annual procurement target of recycled organic materials.

Ordinance Amendments
In 2020, the City Council was presented with an amendment to adopt Menifee Municipal Code Title 6 (Chapters 6.30, 6.35, and 6.40). The amendment was adopted alongside the amended franchise agreement with Waste Management and was in response to commercial related State Laws requiring businesses to establish collection service to recycle dry goods (AB 1826) and organics (AB 341).

The current amendment focuses on Chapter 6.30 Solid Waste and Recycling to meet requirements set forth under SB 1383. Amendments are highlighted below:
Chapter 6.30 Solid Waste and Recycling
oRenamed to Solid Waste Disposal and Organic Waste Diversion oSection titles have been revised where appropriate
6:30.010 Definitions
oClarification and grammatical updates for defined terms 6.30.020 Authority to Grant Franchises
oRenamed and outlines franchisee obligations to comply with State Law 6.30.030 Subscription
oEmphasizes generator mandatory subscription to waste collection services and options for exemption
6.30.040 Public Nuisance
oSection deleted, see 6.30.060
oSubsequent sections have been re-numbered
6.30.040 Containers
oGrammatical updates as needed
oAdds distinction for space constraint
6.30.050 Frequency of Collection
oGrammatical updates as needed, changes city to City Manager 6.30.060 Unlawful and Prohibited Acts
oSection revised to include public nuisance
Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 3
Menifee Mayor and City Council March 2, 2022

City of Menifee Staff Report
SB 1383 Ordinance
March 2, 2022

8 4
8 oAddresses commercial food generators and food recovery agencies 6.30.070 Use of containers for solid waste generated during construction oRefers to compliance when hauling of C&D materials
6.30.080 Mandatory Recycling
oRevised to include proper signage and education requirement for commercial and multi-family generators
6.30.090 Recovery of Organic Waste
oHighlights organics collection requirements for all generators 6.30.100 Self-Haulers
oClarifies requirements for self-haulers
6.30.110 Violations
oRenamed to Removal of Unauthorized Containers
6.30.120 Violations; Penalties
oIntroduces SB 1383 fines for non-compliance

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
There is no fiscal impact associated with the recommended action of amending the ordinance. During the initial year of enforcing compliance, staff will focus on outreach and education of both residential and commercial accounts before enforcing with fines.

Once an account has reached the level of enforcement requiring fines, this may lead to some revenue increases, but this amount may be difficult to determine during initial implementation.

ATTACHMENTS

1.Ordinance

2.Exhibit A – Solid Waste Disposal and Organic Waste Diversion (Redlined)

3.Exhibit A – Solid Waste Disposal and Organic Waste Diversion (Clean) Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 4
Menifee Mayor and City Council March 2, 2022

1 ORDINANCE NO. 2022 - ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE AMENDING TITLE 6, CHAPTER 6.30 OF THE CITY OF

MENIFEE MUNICIPAL CODE PERTAINING TO THE

REGULATION OF SOLID WASTE INCLUDING ORGANIC
WASTE
WHEREAS, SB 1383 and the related regulations contained in 14 California Code of Regulations (CCR), Div. 7, Ch. 12 require all California cities to provide a program for the diversion of organic waste from landfills, and
WHEREAS, SB 1383 and the related regulations contained in 14 CCR, Div. 7, Ch. 12 further require all California cities to adopt an ordinance to enforce violations of its program for the diversion of organic waste from landfills; and
WHEREAS, The City Council desires to amend the City of Menifee Municipal Code so as to be in compliance with the requirements of SB 1383 and 14 CCR, Div. 7, Ch. 12, and WHEREAS, City staff have analyzed and determined that the amendments to Title 6, Division 7 of the Municipal Code is not considered a “project” pursuant to CEQA.

NOW, THEREFORE, the City Council of the City of Menifee Ordains as follows:

SECTION 1.The foregoing Recitals are incorporated herein and made a part hereof.

SECTION 2. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment nor will they have the potential of creating a significant effect on the environment.

SECTION 3. Title 6, Chapter 6.30 of the City of Menifee Municipal Code is hereby amended to read in its entirety as set forth in the attached Exhibit A.

SECTION 4.City staff is hereby authorized and directed to file a Notice of Exemption with respect to the adoption of this Ordinance.

SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid.

SECTION 6: The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance with procedures normally taken.

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Menifee Mayor and City Council March 2, 2022

2 SECTION 7: The City Clerk shall certify to the passage of this Ordinance and cause the same to be published as required by law, and the Ordinance shall take effect thirty (30) days after adoption.

SECTION 8: Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed and declared to be of no further force and effect.

This Ordinance was introduced on the 2nd day of March 2022 and PASSED APPROVED AND ADOPTED by the City Council of the City of Menifee at a regular meeting on the ___day of ________ 2022.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah A. Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 6
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EXHIBIT A
CHAPTER 6.30: COLLECTION OF SOLID WASTE DISPOSAL AND RECYCLINGORGANIC

WASTE DIVERSION
Section
§ 6.30.010 Definitions
§ 6.30.020 Authority to grant franchises; franchisee obligations to comply with state law § 6.30.030 Subscription Mandatory requirement to subscribe to collection service or self-haulingbecome a permitted self-hauler
§ 6.30.040 Public nuisance 6.30.050 Containers

6.30.060 § 6.30.050 Frequency of collection

6.30.070 § 6.30.060 Unlawful and prohibited acts; public nuisance

6.30.080 § 6.30.070 Use of containers for solid waste generated during construction and demolition

6.30.090 § 6.30.080 Mandatory recycling

6.30.100 § 6.30.090 Recovery of organic waste

6.30.110 Food providers and special events

6.30.120 § 6.30.100 Self haulers
§ 6.30.110 Removal of unauthorized containers

6.30.130 § 6.30.120 Violations; penalties
§ 6.30.010 DEFINITIONS.

The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the Cal. California Public Resources Code or the Cal. California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows:

AB 939. That state State legislation commonly known as the California Integrated Waste Management Act (Stats. 1989, Chapter 1095, as amended) as codified in Cal. Public Resources Code §§ section 49000 , et seq.

BINS. A metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards.

CART. A plastic container provided by a franchisee for collectionFranchisee for Collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping.

CITY. The City of Menifee.

CITY MANAGER. The City Manager of the city City or his or duly-authorized representative or designee.

COLLECT or COLLECTION or COLLECTING. To take physical possession of, transport, and remove solid waste Solid Waste from a premises.

COMMERCIAL PREMISES. Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 7
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operations, but excluding single-family dwellings Single Family Dwellings upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the properlyproperty. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be COMMERCIAL PREMISESCommercial Premises. Notwithstanding any provision to the contrary herein, for purposes of this chapter, multi-family dwellings receiving solid waste handling services via bins shall be deemed COMMERCIAL PREMISESMulti-Family Dwellings receiving Solid Waste Handling Services via Bins shall be deemed Commercial Premises.

CONTAINER. Any and all types of solid waste Solid Waste receptacles, including cartsCarts, binsBins, and rolloff boxesRolloff Boxes.

FRANCHISEE. A person, persons, firm or corporation that has been issued a franchise by city City to provide solid waste handling services Solid Waste Handling Services within the city.City
HAZARDOUS WASTE. All substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Cal. Health and Safety Code §§ sections 25110.02, 25115 and 25117, or in the future amendments to or re-codifications of such statutes, or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 §6901, et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

MULTI-FAMILY DWELLING. Any building or lot containing more than one five (5) dwelling unit units which franchisee a Franchisee determines (and city the City Manager agrees) must receive solid waste handling services Solid Waste Handling Services through the use of shared binsBins, since they are not reasonably able to receive individualized solid waste handling services Solid Waste Handling Services through the use of carts or customer- provided containersCarts. Any ambiguity as to whether a customer's premises Premises qualifies as a single-family Single Family dwelling or MULTI-FAMILY DWELLING Multi- Family Dwelling shall be resolved by the City Manager whose decision shall be final.

ORGANICS or ORGANIC WASTE. Food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste as defined in Cal. Public Resources Code § 42649.8(c).

PERSON. Any individual, firm, corporation, association, group or other entity.

ORGANIC WASTE. Shall have the same meaning as set forth in 14 CCR, Div. 7, Ch. 12, Section 18982.

PREMISES. Any land, building and/or structure within the city City limits where solid waste Solid Waste is generated or accumulated.

RECYCLABLE MATERIAL. That solid waste capable of being recycled.

PERSON. Any individual, firm, corporation, association, group or other entity RECYCLE or RECYCLING. The process of collectingCollecting, sorting, cleaning, treating and reconstituting materials that would otherwise become solid waste Solid Waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.

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RECYCLABLE MATERIAL. That Solid Waste capable of being Recycled, including without limitation, newsprint, newspaper, paper, aluminum, cardboard, certain plastics or metal.

ROLLOFF BOX. Containers of ten (10) cubic yards or larger, including compactors.

SELF HAULER. Any person Person or entity that, pursuant to § 6.30.090 Section 6.30.100 of this chapter, provides for the collectionCollection, transportation and disposal of solid waste Solid Waste generated by his, her or /her/its own premisesPremises.

SINGLE- FAMILY DWELLING. A building or lot containing one dwelling unitDwelling Unit, and for purposes of this chapter includes buildings and lots with more than one dwelling unit Dwelling Unit where such dwelling units Dwelling Units are determined by the city City Manager to be reasonably able to receive individualized solid waste handling service by the Solid Waste Handling Service by an automated process utilizing cartsCarts. This determination is presumed to have been made by the City Manager for buildings or lots containing up to four (4) dwelling units, unless a specific different determination is made on a case by case basis. Any ambiguity as to whether a premises Premises qualifies as a SINGLE- FAMILY DWELLING or multi-family dwelling Single Family Dwelling or Multi-Family Dwelling shall be resolved by the City Manager.

SOLID WASTE. All discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial solid wasteSolid Waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in the Cal. California Code of Regulations, as it may be amended from time to time. SOLID WASTE Solid Waste does not include hazardous waste Hazardous Waste (Class I), low-level radioactive waste, untreated medical waste, or special wastes Special Wastes as defined herein.

SOLID WASTE HANDLING SERVICES. The collection, transfer, transport, recycling, processing, and disposal of solid waste, including discarded recyclable material and organics for premises within the city.

SOURCE SEPARATION. The process of removing recyclable material from solid waste at the place of discard generation, prior to collection, into separate containers that are designated for recyclable material, organics, and refuse.

SPECIAL EVENT. Any special event, regardless of size, sponsored by any commercial or non-profit organization, group, or individual, which is held within the city, and at which food and/or drinks are being provided for public consumption. This definition shall apply whether such food and/or drinks are prepared within or outside of the Menifee city limits.

SPECIAL WASTES. Wastes other than solid wasteSolid Waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous wasteHazardous Waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling.

YARD WASTE. All leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.
(Ord. 2020-294, passed 3-18-2020)
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§ 6.30.020 AUTHORITY TO GRANT FRANCHISES; FRANCHISEE OBLIGATIONS TO COMPLY WITH STATE LAW.
(A) The City Council may by resolution or ordinance grant one or more franchises for solid waste handling services Solid Waste Handling Services related to solid waste Solid Waste generated within the cityCity.
(Ord. 2020-294, passed 3-18-2020)
(B) Any solid waste enterprise granted a franchise for solid waste handling services shall operate in a manner that complies with all State laws and regulations. This obligation shall expressly, without limitation, require franchisees to provide all programs required by any State law or regulation to its customers, including, as applicable, programs that comply with recycling requirements and requirements related to the diversion of organic waste from landfills; and, further shall require franchisees to operate such programs in a manner consistent with such law or regulation.
§ 6.30.030 SUBSCRIPTION MANDATORY REQUIREMENT TO SUBSCRIBE TO COLLECTION SERVICE OR SELF-HAULINGBECOME A PERMITTED SELF-HAULER.
(A) Arrangements for removal of solid waste mandatoryRemoval of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or person Person in charge or control of each single- family dwelling, each multi- family dwelling, and each commercial premises in the city Single Family Dwelling, each Multi-Family Dwelling, and each Commercial Premises in the City shall either (i) subscribe to solid waste handling services with a franchisee for said premises; Solid Waste Handling Services with a Franchisee for said Premises; or (ii) obtain and maintain registration a permit as a self-hauler as set forth in this chapter in connection with said premisesPremises. (B) Exception; vacant premisesVacant Premises. The above requirement to provide for solid waste handling services Solid Waste Handling Services shall not apply in connection with any single-family dwelling or multi-family dwelling at which all dwelling units are vacant, for a period of 45 Single Family Dwelling, Multi-Family Dwelling, or Commercial Premises which are vacant for a period of forty-five (45) days or more, provided this exception shall only apply during the period of vacancy. Any person Person seeking to avail himself or /herself of the exception provided herein shall bear the burden of providing reasonable evidence to cityCity, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating the premises Premises was vacant for the period in question.
(Ord. 2020-294, passed 3-18-2020)
PUBLIC NUISANCE. (A) It is unlawful, and a public nuisance, for any person to occupy or inhabit any property within the city for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof.
(B) The keeping of solid waste in containers other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 10
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unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances.
(Ord. 2020-294, passed 3-18-2020)
§ 6.30.040 § 6.30.050 CONTAINERS.
(A) Every owner, occupant or person Person in possession, charge or control of any premises Premises within the city City shall deposit or cause to be deposited all solid waste Solid Waste generated or accumulated on such premisesPremises, and intended for collection Collection and disposal, in sealed, watertight binsBins, cartsCarts, rolloff boxes Rolloff Boxes or other containers Containers that are either (i) provided by, or acceptable to, a franchisee a Franchisee; or (ii) approved by the City Manager for self-hauling purposes pursuant to this chapter. No owner, occupant or person Person in possession, charge or control of any premises Premises shall utilize a binBin, cartCart, rolloff box Rolloff Box or other container Container not in conformance with the requirements hereof for the collectionCollection, accumulation or storage of solid waste.Solid Waste. (B) Containers provided by a franchisee shall comply with all applicable State laws and regulations.
(B) No bin, cart, rolloff box or other container (C) No Bin, Cart, Rolloff Box or other Container shall be placed adjacent to or in a street or public right-of-way for collection Collection service more than 24 twenty-four (24) hours prior to the normal collection Collection time, and all containers Containers so placed shall be removed from the street or right-of-way within 12 twelve (12) hours after collectionCollection. (CD) Container lids shall remain closed at all times that the container Container is unattended. If the solid waste Solid Waste contained within a binBin, cartCart, rolloff box Rolloff Box or other container Container exceeds the actual capacity of the containerContainer, then a larger container Container or multiple containers Containers must be utilized. Any solid waste Solid Waste that does not reasonably fit within a container Container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or person Person or entity in control of a premises Premises shall be responsible for the clean-up of any solid waste Solid Waste spilled, dumped or scattered as a result of a container Container overflow. (D (E) It is unlawful for any person Person to share, place solid waste Solid Waste in, or to otherwise use the binBin, cartCart, rolloff box Rolloff Box or other container Container of another person Person or business. Notwithstanding anything contained herein to the contrary, the sharing of containers Containers shall be permitted under the following conditions:
(1) The owner, property manager or person Person in charge or control of a premises Premises upon which a multi-family dwelling Multi-Family Dwelling exists may arrange for containers Containers for shared use by the occupants, tenants or persons Persons in possession of the dwelling units on such premisesPremises. (2) The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a container for solid waste handling services Container for Solid Waste Handling Services at a common location, subject to approval of the City Manager, which approval may be delegated to a franchiseeFranchisee. Approval by the City Manager Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 11
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shall be based upon (i) the type of solid waste Solid Waste generated by each commercial premisesCommercial Premises; and (ii) the number of containers Containers and frequency of solid waste collection Solid Waste Collection needed to protect the public health, welfare and safety.
(E (F) It is unlawful to use any binBin, cartCart, rolloff box Rolloff Box or other container Container furnished by a franchisee Franchisee for any purpose other than the collectionCollection, accumulation and storage of solid wasteSolid Waste; or to convert or alter such containers Containers for other uses; or to intentionally damage such containersContainers.
(FG) All Containers used for the collection of solid waste at single-family dwellings Collection of Solid Waste at Single Family Dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on collection Collection day. If the physical design of the dwelling does not allow for obscuring containers Containers from public view because of the type of fencing or lack thereof, containers or lack of an appropriate enclosed area, Containers shall be stored in an area adjacent to the dwelling at the point furthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling.
(Ord. 2020-294, passed 3-18-2020)
§ 6.30.060 § 6.30.050 FREQUENCY OF COLLECTION.
(A) Single-family dwelling Family Dwelling; multi-family dwellingMulti-Family Dwelling.

With the exception of vacant premises Premises meeting the provisions of § Section

6.30.030(B) above, not less than once per week, every owner, occupant or person Person in possession, charge or control of any single- family dwelling or multi-family dwelling Single Family Dwelling or Multi-Family Dwelling within the city City shall remove by self-hauling (as provided herein) or cause to be removed by subscription to services provided by a franchisee all solid waste Franchisee all Solid Waste stored, generated, collected Collected or accumulated on such premisesPremises.
(B) Commercial premisesPremises. With the exception of vacant premises Premises meeting the provisions of § Section 6.30.030(B) above, not less than once per week, every owner, occupant or person Person in possession, charge or control of any commercial premises Commercial Premises within the city City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a franchiseeFranchisee, all solid waste Solid Waste stored, generated, collected or accumulated on such premisesPremises.
(C) Modifications to collection frequencyCollection Frequency. The City Manager may provide written notice to the owner of any premises Premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such premisesPremises. City may direct that solid waste Solid Waste shall be removed by the owner of any premises Premises so notified on a more frequent schedule (as determined by citythe City Manager) and/or that additional or larger containers Containers shall be utilized (as determined by citythe City Manager).

Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 12
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(Ord. 2020-294, passed 3-18-2020)
§ 6.30.070 § 6.30.060 UNLAWFUL AND PROHIBITED ACTS; PUBLIC NUISANCE. (A) It is unlawful, and a public nuisance, for any person to occupy or inhabit any premises within the City for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof. (B) The keeping of solid waste in containers other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances.
(C) It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to participate in the recycling and organic waste programs offered to him, her or it by the franchisee. (D) It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to comply with the terms of any recycling and organic waste programs offered to him, her or it by the franchisee, including by placing solid waste in containers of a type or nature not designed for the type of waste in question. (E) It is unlawful, and a public nuisance, for any person who is permitted as a self-hauler with City to fail to comply with all requirements of such permit, including those related to the handling of organic waste.
(F) It is unlawful, and a public nuisance, for any person or entity to fail to comply with his or its obligations related to the collection and handling of organic waste as set forth in 14 CCR, Div. 7, Ch. 12; provided, however, the City Manager or his designee is authorized to provide waivers to the requirement to participate in some or all of such obligations where permitted by law.
(G) It is unlawful, and a public nuisance, for any Commercial Edible Food Generator, or any Food Recovery Organization or Service, to fail to meet its obligations as set forth in 14 CCR, Div. 7, Ch. 12.
(A) It is unlawful for any person other than a franchisee (H) It is unlawful, and a public nuisance, for any Person other than a Franchisee (or its agents and employees) to collect Collect any discarded solid waste Solid Waste including recyclable materialRecyclable Material, or otherwise provide solid waste handling services Solid Waste Handling Services within the cityCity. This prohibition shall not, however, apply to:
(1) Registered self-haulers Permitted Self-Haulers as defined in this chapter; (2) The owner, tenant or occupant of a single-family dwelling, multi-family dwelling, or commercial premises Premises who has subscribed for and is receiving solid waste handling services with a franchiseeSolid Waste Handling Services with a Franchisee, when such owner, tenant or occupant is hauling materials generated at his or /her own premises Premises to a lawful disposal or recycling facility. This exemption does not permit the hiring of any person Person or entity, other than a franchiseeFranchisee, to haul solid waste Solid Waste from one’s own premisesPremises;
(3) The collectionCollection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers, using its own employees and Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 13
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equipment, rather than as a hauling service, provided that such solid waste Solid Waste is not collected Collected or transported by a third party hired for the primary purpose of collecting Collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of city City relating to the collection Collection of such materials;
(4) The collection, transportation and disposal of yard waste, green waste Yard Waste and related solid waste Solid Waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such solid waste Solid Waste is not collected Collected or transported by a third party hired for the primary purpose of collecting Collecting and transporting said materials;
(5) Any person Person or entity collecting recyclable material Collecting Recyclable Material sold or donated to it by the person Person or entity that generated such recyclable material Recyclable Material (the “generator”) provided, however, to the extent permitted by law, if the generator is required to pay consideration for the collectionCollection, transportation, transfer or processing of recyclable materialRecyclable Material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation. (BI) It is unlawful , and a public nuisance, for any personPerson, other than the owner, occupant or person Person in possession, charge or control of any single-family dwelling, multi-family dwelling, or commercial premises, or a person Single Family Dwelling, Multi- Family Dwelling, or Commercial Premises, or a Person authorized by law (such as a franchiseeFranchisee), to remove any binBin, cartCart, rolloff box Rolloff Box or other container Container from any such premises Premises or from any location where it was lawfully placed for collectionCollection, without the prior written approval of the owner, occupant or person Person in possession, charge or control of such premisesPremises. (CJ) No It is unlawful, and a public nuisance, for any person shall to place solid waste Solid Waste adjacent to a street or public right-of-way for collection by a franchisee Collection by a Franchisee without having first subscribed for solid waste handling services with such franchisee.Solid Waste Handling Services with such Franchisee. (D) No person shall burn any solid waste within the city, (K) It is unlawful, and a public nuisance, for any person to burn any Solid Waste within the City, except in an approved incinerator or other device for which a permit has been issued by the building official and Fire Marshalfire marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulationsregulations.L. It is unlawful, and a public nuisance, for any Person, other than a Franchisee, to take, remove or appropriate for his/her own use any Solid Waste, including Recyclable Materials, which has been placed in any street or alley for Collection or removal by a Franchisee, regardless of whether the Solid Waste is placed in a Bin, Cart, Rolloff Box or other Container.
(E) It is unlawful for any person, other than a franchisee, to take, remove or appropriate for his or her own use any solid waste, including recyclable materials, which has been placed in any street or alley for collection or removal by a franchisee, regardless of whether the solid waste is placed in a bin, cart, rolloff box or other container.

Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 14
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(Ord. 2020-294, passed 3-18-2020)
§ 6.30.080 § 6.30.070 USE OF CONTAINERS FOR SOLID WASTE GENERATED DURING CONSTRUCTION AND DEMOLITION.

Any person In addition to complying with the requirements of chapter 6.40 of the City’s municial code, any Person who generates solid waste Solid Waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for solid waste handling services with the use of containers from a franchisee or be registered to self- haul such solid waste in the manner set forth hereinSolid Waste Handling Services in connection therewith: (i) by the use of Containers and Collection service from a Franchisee, (ii) as a permitted Self Hauler in compliance with this chapter, or (iii) in compliance with Section 6.30.060(H)(3). In addition to constituting a violation of this chapter, failure to produce evidence of compliance with this section Section upon the request of a city City building inspector, code enforcement officer or other city City officer shall result in the red- tagging of the project by the city City and a requirement that all work cease until compliance with this sectionSection.
(Ord. 2020-294, passed 3-18-2020)
§ 6.30.090 § 6.30.080 MANDATORY RECYCLING.

(A) (1) All commercial premises and all multi-family dwellings must have a recycling program.
(2) A recycling program must include the separation of recyclable material from refuse, including but not limited to (A) In complying with the requirements of this chapter, all Commercial Premises and all Multi-Family Dwellings shall implement a Recycling program. that includes Recyling of at least glass, plastics, cardboard, paper, metals and similar items to those that can be recovered by the city’s franchisee.other materials similar to those materials that are Recycled by the City’s Franchisee.
(B) The Recycling program set forth in Section 6.30.080(A) shall include Container signage and educational materials for employees, tenants and other persons occupying the Premises which provide instruction on the proper means by which to separate materials for Recycling.
(3) A recycling program must also include proper container signage and/or education materials for employees, tenants or other approved users that indicate how to properly separate waste materials.
(4 (C) The goal of the recycling Recycling program set forth in Section 6.30.080(A) shall be to divert at least 50% of waste fifty percent (50%) of Solid Waste generated at the premises from being disposed as refuse designated for disposal in a landfill.Premises from landfull disposal.
(B) If the city’s franchisee (D) If the City’s Franchisee is not utilized to meet the requirements of this sectionSection 6.30.080(A), the owner, the refuse account owner must occupant or Person in possession, charge or control of any Premises to which applies shall provide written certification evidence to the satisfaction of to the City Manager Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 15
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demonstrating that another system is in place for recovery and diversion of waste from the landfill.from landfills of Solid Waste in compliance with the provisions hereof. (Ord. 2020-294, passed 3-18-2020)
§ 6.30.100 § 6.30.090 RECOVERY OF ORGANIC WASTE.

In addition to any other applicable provisions of this chapter, the owner, occupant or Person in possession, charge or control of every Commercial Premises, including every Multi-Family Dwelling, in the City shall comply with all obligations related to Organic Waste, including the following minimum standards:
(A) (1) Any commercial premises ) Any Commercial Premises, including any Multi- Family Dwelling, that generates four (4) cubic yards or more of organic waste Organic Waste per week shall arrange for recycling Recycling services specifically for organic waste.Organic Waste, unless such Premises does not generate Organic Waste.

(2) Any commercial premises that generates four cubic yards or more of solid waste per week, shall arrange for recycling services specifically for organic waste, unless the commercial premises does not generate organic waste.
(3) If at any time CalRecycle, a state agency, determines that statewide disposal of organic waste has not been reduced to 50% of the level of disposal during 2014, a commercial premises that generates two cubic yards or more per week of solid waste shall arrange for organic waste recycling services, unless the commercial premises does not generate organic waste.
(4) Organic waste recycling may be completed (B) Organic Waste Recycling required by this Section 6.03.090 may be accomplished by any one of the following:
(a1) Subscribe to organics collection Subscribing to Organics Collection services offered by the franchisee.a Franchisee;
(b2) Recycle or compost organic waste Recycling or composting Organic Waste for use onsite.;
(c3) Self-haul organic waste to a Self-Haul of Organic Waste, in a manner consistent with all other provisioins of this chapter, to a lawfully permitted location for recycling or composting.Recycling or composting;
(4) Use of a landscaper for removal of Yard Waste in a manner consistent with Section

6.30.060(H)(4) hereof, provided such Yard Waste is delivered to a lawfully permitted Recycling or composting facility;
(d) A landscaper may remove green waste on behalf of a commercial premises if such removal is an ancillary service to the primary work of the landscaper and the organic material is taken to a permitted recycling or composting facility. (5) The city may require written certification of adequate recycling practices from any owner of a commercial premises or of a business located thereon that chooses an organics recycling method other than § 6.30.100(A)(4)(a).

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(B) The city may require written certification from any owner of a commercial premises or of a business located thereon that declares that his or her commercial premises does not produce organic waste.
(5) Any other method that is permitted by law and authorized in writing by the City Manager.
(D) The City Manager may require written documentation to demonstrate compliance with any provision of Section 6.30.090.
(Ord. 2020-294, passed 3-18-2020)
§ 6.30.110 FOOD PROVIDERS AND SPECIAL EVENTS.
(A) Owners or managers of all food providers and special events must provide adequate solid waste collection service to their employees, contractors, customers and guests. (B) Owners or managers of food providers and special events that are expected to host more than 100 persons (including employees) must supply adequate solid waste collection, including appropriate containers, placed in appropriate locations, to make source separation of recyclable materials and refuse
convenient for employees, contractors, customers and guests of the food provider or special event. The containers must:
(1) Be of adequate size and number based on the solid waste quantities reasonably anticipated to be generated at the location.
(2) Bear the appropriate signage and be color coded to identify the type of solid waste to be deposited, blue for recyclable material and brown/black for refuse, and meet any additional design criteria as determined by the city.
(3) Be of sufficient quantity for the size of the event and placed in groups of at least two, including a refuse and recycling container, to provide equally convenient access to users. (C) Owners or managers of food providers and special events that are expected to host more than 100 persons must also provide information or training for employees or contractors on how to source separate refuse and recyclable material. (Ord. 2020-294, passed 3-18-2020)
§ 6.30.120 § 6.30.100 SELF HAULERS.
(A) Self haulers registered and -Haulers who obtain a permit from City, and and are operating in accordance with this chapter are only permitted to collectCollect, transport and dispose of solid waste Solid Waste generated by and upon the self hauler’s own premisesSelf Hauler's own Premises. Under no circumstances may a self hauler collectSelf Hauler Collect, transport or dispose of solid wastes Solid Wastes generated upon premises Premises that are not owned, operated or controlled by the self haulerSelf Hauler. Notwithstanding any other provision of this chapter, registered self haulers shall not be permitted to share, place solid waste in, or to otherwise use the bin, cart, rolloff box, or other container of another person permitted Self Haulers shall not share, place Solid Waste in, or otherwise use the Bin, Cart, Rolloff Box, or other Container of another Person or business.

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(B) Registration. All self haulers shall subscribe to Self Haulers shall apply for and receive a permit to operate as a Self-Hauler from the City and shall comply with the following registration requirements:
(1) Each self hauler shall obtain registration from the City Manager. Self haulers must renew their registrations the commencement of each fiscal year. Initial applications following the adoption of these regulations, for the 2020-2021 fiscal year, must be submitted to the City Manager on or before January 1, 2021.
(1) Each self-Hauler shall obtain a permit from the City Manager, and such permit shall be renewed on an annual basis.
(2) The Each permit application to register for self-hauling, whether upon initial application or renewal, shall include the following: (i) a list of all binsBins, cartsCarts, rolloff boxes Rolloff Boxes and other containers Containers to be used by the self haulerSelf Hauler; (ii) a list of all transport and disposal equipment to be used by the self haulerSelf Hauler; (iii) a written explanation of where all solid waste Solid Waste will be delivered for disposal and diversion; (viv) a written plan explaining to the reasonable satisfaction of the City Manager how not less than 50% of solid waste collected fifty percent (50%) of Solid Waste Collected will be diverted from disposal in compliance with AB 939; (v) a written plan explaining to the reasonable satisfaction of the City Manager how compliance with the requirement to divert organic waste, in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3 will be acheived, and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs. (3) Renewal Permit renewal applications shall additionally include: (i) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50% ) of all solid waste Solid Waste generated at its premises Premises from landfills in a manner that complies with the requirements of AB 939; and (ii) (ii) records reasonably satisfactory to the City Manager demonstrating the manner in which Organic Waste was diverted from landfills in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3 and (iii) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered solid waste Solid Waste generated at its premises Premises to appropriate disposal or recycling facilities at least as frequently as collection Collection is required for such self hauler Self Hauler by the City Manager.
(4) The City Manager shall approve the application if it , and issue a self-hauler permit, if the application meets the requirements of this sectionSection, and if the equipment, containersContainers, diversion plan and disposal plan meet with his or her reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty-percent (50% ) diversion requirement and otherwise complied with all laws related to disposal of solid waste, recycling and diversion of Solid Waste, including without limitation the diversion of Organic Waste. (C) Containers. Each self hauler Self Hauler shall provided its own bins, carts, rolloff boxes or other containers. Bins, carts, rolloff boxes or other containers utilized by a self hauler Bins, Carts, Rolloff Boxes or other Containers. Bins, Carts, Rolloff Boxes or other Containers utilized by a Self Hauler must conform to industry standards for solid waste Solid Waste disposal , comply with all laws and regulations, and must be approved by the City Manager Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 18
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in writing prior to issuance of a self-hauler registrationpermit. In addition, any containers Containers utilized by a self hauler Self Hauler shall comply with the following requirements:
(1) All containers Containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager. (2) All containers Containers shall be maintained in a sealed, watertight condition; (3) Self haulers Haulers shall remove any graffiti that appears on containers Containers within 24 twenty-four (24) hours after becoming aware of it. (D) Collection and transport equipmentTransport Equipment. Collection and transport equipment, including but not limited to transport trucks and vehicles, utilized by a self hauler Self Hauler must be approved by the City Manager in writing prior to issuance of a self-hauler registrationpermit.
(EE) Non-commercial venture Non-Commercial Venture. It is the intent of this chapter to prevent and proscribe self-hauling activities undertaken as a commercial enterprise. Self haulers -Haulers must obtain all equipment, including containers and collection Containers and Collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A self hauler Self Hauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a self hauler Self Hauler utilize an independent contractor or any other person Person or entity for solid waste handling services Solid Waste Handling Services other than a franchiseeFranchisee. (F) Other recycling obligations. Self haulers shall recycle all recyclable materials Recycling Obligations. Self Haulers shall Recycle all Recyclable Materials not otherwise addressed by this section Section to a degree and in a manner consistent with standards generally applicable to the solid waste Solid Waste industry and as required by state State law or regulation.
(G) Collection frequencyFrequency. Unless otherwise specifically provided in this chapter, self haulers Self Haulers shall remove solid waste Solid Waste from their premises Premises at least once per week. However, upon application to the city for City Manager to obtain (or renew) a self-hauler permit, the City Manager may determine a different frequency for solid waste collectionSolid Waste Collection, transport and disposal from the self hauler’s premisesSelf Hauler's Premises. This determination shall be based upon the nature of the premisesPremises, the type of solid waste Solid Waste generated by the premisesPremises, and the collection Collection capacity of the self hauler Self Hauler as demonstrated by information in the application.
(H) Hazardous and special wastesSpecial Wastes. Unless lawfully and currently licensed under state, federal and local laws, no self hauler Self Hauler shall engage in the collectionCollection, transport or disposal of hazardous waste or special wastesHazardous Waste or Special Wastes.
(I) Revocation. The City Manager may revoke a self-hauler permit if the permittee either (i) fails to divert at least fifty percent (50% ) of all solid waste Solid Waste generated at its premises Premises from landfills in a manner that complies with the requirements of AB 939; or (ii) (ii) fails to divert organic waste from disposal in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3, (iii) fails to deliver solid waste Solid Waste generated at its premises Premises to appropriate disposal or recycling facilities at least as frequently as collection Collection is required for such self hauler by the City Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 19
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Manager.Self Hauler by the City Manager, ,or (iv) fails to comply with the provisions of this chapter or its permit. The City Manager shall notify any permittee in writing of the decision to revoke its permit, and the basis therefore, and the permittee may appeal any such decision within 15 days of the date of such notice being issued by requesting an administrative hearing in the same manner applicable to administrative citations set forth in chapter 1.03 of this Code. § 6.30.110 REMOVAL OF UNAUTHORIZED CONTAINERS.
(Ord. 2020-294, passed 3-18-2020)

§ 6.30.130 VIOLATIONS.
(A) Unauthorized containersContainers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any container Container placed within the city City for the collection of solid waste Collection of Solid Waste in violation of §

6.30.070 Section 6.30.060(H) (hereinafter "unauthorized container(s)”) Unauthorized Container(s)") may be impounded as set forth herein.
(1) The City Manager may cause a notice to be placed in a conspicuous place on any unauthorized container Unauthorized Container directing that it be removed. The notice shall specify the nature of the violation and shall state that the binBin, drop-off boxRolloff Box, trailer or waste receptacle or other Container must be removed within 24 twenty-four hours or it may be removed and stored by the cityCity, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the city City to hear any appeal or challenge to the requirement that the container Container be removed; and, further, shall indicate that any appeal of the order for removal must occur within 24 twenty- four hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the unauthorized containerUnauthorized Container, and a copy of the notice shall be provided to owner of the unauthorized container Unauthorized Container once said owners identity is ascertained by cityCity, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the unauthorized container Unauthorized Container seeks to retrieve any such container Container removed hereunder.
(2) If within 24 twenty four hours after a notice to remove is posted on an unauthorized container Unauthorized Container a request for an appeal has not been received and the binBin, drop-off boxRolloff Box, trailer or waste receptacle or other Container is not removed, the City Manager may direct (including by delegation to the franchiseeFranchisee) the removal and storage of the unauthorized containerUnauthorized Container. In addition, if the contents of the container Container is either comprised of a substantial amount of putrescible solid wastepetruscible Solid Waste, or determined by the City Manager to create a threat to health and safety if not disposed of immediately, the City Manager may direct that the contents of the container Container be disposed of. The owner of the unauthorized container Unauthorized Container shall be responsible to reimburse the city City for the actual cost of removal, storage and disposal. All amounts due to the city City for the cost of removal, storage and disposal must be paid before the unauthorized container Unauthorized Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 20
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Container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the cityCity, and the owner shall be liable to the city City in an action brought by the city City for the recovery of such amounts.
(3) Between the date following the date upon which any unauthorized container Unauthorized Container is removed by the cityCity, and the date which is five (5) business days following its retrieval from cityCity, the owner of the unauthorized container Unauthorized Container may request a hearing to appeal the city’s City’s determination that the container is an unauthorized container Container is an Unauthorized Container subject to removal by city City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to city City shall be forgiven and any amounts paid reimbursed.
(4) If the identity of the owner of an unauthorized container Unauthorized Container that has been removed by the city City is known to the City Manager, the City Manager shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the unauthorized container Unauthorized Container is not claimed within 95 ninety-five days after mailing of the notice to the owner, or 90 ninety days after removal if the identity of the owner is unknown to the City Manager, the unauthorized container Unauthorized Container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on unauthorized containers Unauthorized Containers shall specify that the forgoing procedure related to abandonment will apply.
§ 6.30.120 VIOLATIONS; PENALTIES.
(A) This chapter may be enforced in any manner set forth in this Code, or as otherwise provided by law.
(B) Penalty. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney.
(1) Penalty for misdemeanor violationMisdemeanor Violation. Any person convicted of a misdemeanor under any provision of this chapter shall be punishable by a fine of not more than $1,000One Thousand Dollars ($1,000.00), or by imprisonment in the county jail County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (2) Penalty for infraction violationInfraction Violation. Any person convicted of an infraction under any provision of this chapter shall be punished by:
(a) A fine not exceeding $100 One Hundred Dollars ($100.00) for a first violation; (b) A fine not exceeding $200 Two Hundred Dollars ($200.00) for a second violation of the same provision within one (1) year; and
(c) A fine not exceeding $500 Five Hundred Dollars ($500.00) for a third and for any additional violation of the same provision within one (1) year. (C) Violations related to State mandated Organic waste obligations. In addition to any other available remedy, any violation of 14 CCR, Div. 7, Ch. 12, or any of the provisions hereof Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 21
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which address such obligations,shall be subject to the provisions of chapter 1.30 of the City’s municipal code related to administrative citations, modified as follows:
(1) Upon determining a violation has occurred, The City Manager or his designee shall issue a notice of violation pursuant to 14 CCR, Div. 7, Ch. 12, Section 18995.4, requiring compliance within 60 days of such notice.
(2) Absent compliance, the following administrative fines shall apply:
(A) for a first violation - $50
(B) for a second violation - $100
(C) for a third or subsequent violation - $250
(C (D) Violations deemed to be a public nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances. (DE) Attorney fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the city City may recover reasonable attorneys' fees and court costs , and other such expenses of litigation and/or prosecution as it may occur incur by appropriate suit at law lawsuit against the person found to have violated any provisions of this chapter.
(Ord. 2020-294, passed 3-18-2020)
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EXHIBIT A
CHAPTER 6.30: SOLID WASTE DISPOSAL AND ORGANIC WASTE DIVERSION § 6.30.010 Definitions
§ 6.30.020 Authority to grant franchises; franchisee obligations to comply with state law § 6.30.030 Mandatory requirement to subscribe to collection service or become a permitted self-hauler
§ 6.30.040 Containers
§ 6.30.050 Frequency of collection
§ 6.30.060 Unlawful and prohibited acts; public nuisance § 6.30.070 Use of containers for solid waste generated during construction and demolition § 6.30.080 Mandatory recycling
§ 6.30.090 Recovery of organic waste
§ 6.30.100 Self haulers
§ 6.30.110 Removal of unauthorized containers
§ 6.30.120 Violations; penalties
§ 6.30.010 DEFINITIONS.

The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows:

AB 939. That State legislation commonly known as the California Integrated Waste Management Act (Stats. 1989, Chapter 1095, as amended) as codified in Public Resources Code section 49000, et seq.

BINS. A metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards.

CART. A plastic container provided by a Franchisee for Collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping.

CITY. The City of Menifee.

CITY MANAGER. The City Manager of the City or his duly-authorized representative or designee.

COLLECT or COLLECTION or COLLECTING. To take physical possession of, transport, and remove Solid Waste from a premises.

COMMERCIAL PREMISES. Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Single Family Dwellings upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be Commercial Premises. Notwithstanding any provision to the contrary herein, Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 23
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for purposes of this chapter, Multi-Family Dwellings receiving Solid Waste Handling Services via Bins shall be deemed Commercial Premises.

CONTAINER. Any and all types of Solid Waste receptacles, including Carts, Bins, and Rolloff Boxes.

FRANCHISEE. A person, persons, firm or corporation that has been issued a franchise by City to provide Solid Waste Handling Services within the City HAZARDOUS WASTE. All substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code sections 25110.02, 25115 and 25117, or in the future amendments to or re-codifications of such statutes, or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

MULTI-FAMILY DWELLING. Any building or lot containing more than five (5) dwelling units which a Franchisee determines (and the City Manager agrees) must receive Solid Waste Handling Services through the use of shared Bins, since they are not reasonably able to receive individualized Solid Waste Handling Services through the use of Carts. Any ambiguity as to whether a customer's Premises qualifies as a Single Family dwelling or Multi- Family Dwelling shall be resolved by the City Manager whose decision shall be final.

ORGANIC WASTE. Shall have the same meaning as set forth in 14 CCR, Div. 7, Ch. 12, Section 18982.

PREMISES. Any land, building and/or structure within the City limits where Solid Waste is generated or accumulated.

PERSON. Any individual, firm, corporation, association, group or other entity RECYCLE or RECYCLING. The process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become Solid Waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.

RECYCLABLE MATERIAL. That Solid Waste capable of being Recycled, including without limitation, newsprint, newspaper, paper, aluminum, cardboard, certain plastics or metal.

ROLLOFF BOX. Containers of ten (10) cubic yards or larger, including compactors.

SELF HAULER. Any Person or entity that, pursuant to Section 6.30.100 of this chapter, provides for the Collection, transportation and disposal of Solid Waste generated by his/her/its own Premises.

SINGLE FAMILY DWELLING. A building or lot containing one Dwelling Unit, and for purposes of this chapter includes buildings and lots with more than one Dwelling Unit where such Dwelling Units are determined by the City Manager to be reasonably able to receive individualized Solid Waste Handling Service by an automated process utilizing Carts. This determination is presumed to have been made by the City Manager for buildings or lots containing up to four (4) dwelling units, unless a specific different determination is made on a case by case basis. Any ambiguity as to whether a Premises qualifies as a Single Family Dwelling or Multi-Family Dwelling shall be resolved by the City Manager.

SOLID WASTE. All discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 24
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commercial Solid Waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as it may be amended from time to time. Solid Waste does not include Hazardous Waste (Class I), low- level radioactive waste, untreated medical waste, or Special Wastes as defined herein.

SPECIAL WASTES. Wastes other than Solid Waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, Hazardous Waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which require special handling.

YARD WASTE. All leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.
§ 6.30.020 AUTHORITY TO GRANT FRANCHISES; FRANCHISEE OBLIGATIONS TO COMPLY WITH STATE LAW.
(A) The City Council may by resolution or ordinance grant one or more franchises for Solid Waste Handling Services related to Solid Waste generated within the City. (B) Any solid waste enterprise granted a franchise for solid waste handling services shall operate in a manner that complies with all State laws and regulations. This obligation shall expressly, without limitation, require franchisees to provide all programs required by any State law or regulation to its customers, including, as applicable, programs that comply with recycling requirements and requirements related to the diversion of organic waste from landfills; and, further shall require franchisees to operate such programs in a manner consistent with such law or regulation.
§ 6.30.030 MANDATORY REQUIREMENT TO SUBSCRIBE TO COLLECTION SERVICE OR BECOME A PERMITTED SELF-HAULER.
(A) Arrangements for Removal of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or Person in charge or control of each Single Family Dwelling, each Multi-Family Dwelling, and each Commercial Premises in the City shall either (i) subscribe to Solid Waste Handling Services with a Franchisee for said Premises; or (ii) obtain and maintain a permit as a self-hauler as set forth in this chapter in connection with said Premises.
(B) Exception; Vacant Premises. The above requirement to provide for Solid Waste Handling Services shall not apply in connection with any Single Family Dwelling, Multi- Family Dwelling, or Commercial Premises which are vacant for a period of forty-five (45) days or more, provided this exception shall only apply during the period of vacancy. Any Person seeking to avail himself/herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating the Premises was vacant for the period in question.
§ 6.30.040 CONTAINERS.
(A) Every owner, occupant or Person in possession, charge or control of any Premises within the City shall deposit or cause to be deposited all Solid Waste generated or Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 25
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accumulated on such Premises, and intended for Collection and disposal, in sealed, watertight Bins, Carts, Rolloff Boxes or other Containers that are either (i) provided by a Franchisee; or (ii) approved by the City Manager for self-hauling purposes pursuant to this chapter. No owner, occupant or Person in possession, charge or control of any Premises shall utilize a Bin, Cart, Rolloff Box or other Container not in conformance with the requirements hereof for the Collection, accumulation or storage of Solid Waste. (B) Containers provided by a franchisee shall comply with all applicable State laws and regulations.
(C) No Bin, Cart, Rolloff Box or other Container shall be placed adjacent to or in a street or public right-of-way for Collection service more than twenty-four (24) hours prior to the normal Collection time, and all Containers so placed shall be removed from the street or right-of-way within twelve (12) hours after Collection. (D) Container lids shall remain closed at all times that the Container is unattended. If the Solid Waste contained within a Bin, Cart, Rolloff Box or other Container exceeds the actual capacity of the Container, then a larger Container or multiple Containers must be utilized.

Any Solid Waste that does not reasonably fit within a Container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or Person or entity in control of a Premises shall be responsible for the clean-up of any Solid Waste spilled, dumped or scattered as a result of a Container overflow.
(E) It is unlawful for any Person to share, place Solid Waste in, or to otherwise use the Bin, Cart, Rolloff Box or other Container of another Person or business. Notwithstanding anything contained herein to the contrary, the sharing of Containers shall be permitted under the following conditions:
(1) The owner, property manager or Person in charge or control of a Premises upon which a Multi-Family Dwelling exists may arrange for Containers for shared use by the occupants, tenants or Persons in possession of the dwelling units on such Premises. (2) The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a Container for Solid Waste Handling Services at a common location, subject to approval of the City Manager, which approval may be delegated to a Franchisee. Approval by the City Manager shall be based upon (i) the type of Solid Waste generated by each Commercial Premises; and (ii) the number of Containers and frequency of Solid Waste Collection needed to protect the public health, welfare and safety. (F) It is unlawful to use any Bin, Cart, Rolloff Box or other Container furnished by a Franchisee for any purpose other than the Collection, accumulation and storage of Solid Waste; or to convert or alter such Containers for other uses; or to intentionally damage such Containers.
(G) All Containers used for the Collection of Solid Waste at Single Family Dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on Collection day. If the physical design of the dwelling does not allow for obscuring Containers from public view because of the type of fencing or lack thereof, or lack of an appropriate enclosed area, Containers shall be stored in an area adjacent to the dwelling at the point furthest from Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 26
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the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling.
§ 6.30.050 FREQUENCY OF COLLECTION.
(A) Single Family Dwelling; Multi-Family Dwelling. With the exception of vacant Premises meeting the provisions of Section 6.30.030(B) above, not less than once per week, every owner, occupant or Person in possession, charge or control of any Single Family Dwelling or Multi-Family Dwelling within the City shall remove by self-hauling (as provided herein) or cause to be removed by subscription to services provided by a Franchisee all Solid Waste stored, generated, Collected or accumulated on such Premises. (B) Commercial Premises. With the exception of vacant Premises meeting the provisions of Section 6.30.030(B) above, not less than once per week, every owner, occupant or Person in possession, charge or control of any Commercial Premises within the City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a Franchisee, all Solid Waste stored, generated, collected or accumulated on such Premises.
(C) Modifications to Collection Frequency. The City Manager may provide written notice to the owner of any Premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such Premises. City may direct that Solid Waste shall be removed by the owner of any Premises so notified on a more frequent schedule (as determined by the City Manager) and/or that additional or larger Containers shall be utilized (as determined by the City Manager). § 6.30.060 UNLAWFUL AND PROHIBITED ACTS; PUBLIC NUISANCE. (A) It is unlawful, and a public nuisance, for any person to occupy or inhabit any premises within the City for which arrangements have not been made and kept in full force and effect for solid waste handling services in a manner consistent with the provisions hereof. (B) The keeping of solid waste in containers other than those prescribed by this chapter, or the keeping upon premises of solid waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances.
(C) It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to participate in the recycling and organic waste programs offered to him, her or it by the franchisee. (D) It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to comply with the terms of any recycling and organic waste programs offered to him, her or it by the franchisee, including by placing solid waste in containers of a type or nature not designed for the type of waste in question. (E) It is unlawful, and a public nuisance, for any person who is permitted as a self-hauler with City to fail to comply with all requirements of such permit, including those related to the handling of organic waste.
(F) It is unlawful, and a public nuisance, for any person or entity to fail to comply with his or its obligations related to the collection and handling of organic waste as set forth in 14 CCR, Div. 7, Ch. 12; provided, however, the City Manager or his designee is authorized to Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 27
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provide waivers to the requirement to participate in some or all of such obligations where permitted by law.
(G) It is unlawful, and a public nuisance, for any Commercial Edible Food Generator, or any Food Recovery Organization or Service, to fail to meet its obligations as set forth in 14 CCR, Div. 7, Ch. 12.
(H) It is unlawful, and a public nuisance, for any Person other than a Franchisee (or its agents and employees) to Collect any discarded Solid Waste including Recyclable Material, or otherwise provide Solid Waste Handling Services within the City. This prohibition shall not, however, apply to:
(1) Permitted Self-Haulers as defined in this chapter; (2) The owner, tenant or occupant of a Premises who has subscribed for and is receiving Solid Waste Handling Services with a Franchisee, when such owner, tenant or occupant is hauling materials generated at his/her own Premises to a lawful disposal or recycling facility.

This exemption does not permit the hiring of any Person or entity, other than a Franchisee, to haul Solid Waste from one’s own Premises;
(3) The Collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers, using its own employees and equipment, rather than as a hauling service, provided that such Solid Waste is not Collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of City relating to the Collection of such materials;
(4) The collection, transportation and disposal of Yard Waste and related Solid Waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such Solid Waste is not Collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials;
(5) Any Person or entity Collecting Recyclable Material sold or donated to it by the Person or entity that generated such Recyclable Material (the “generator”) provided, however, to the extent permitted by law, if the generator is required to pay consideration for the Collection, transportation, transfer or processing of Recyclable Material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation. (I) It is unlawful, and a public nuisance, for any Person, other than the owner, occupant or Person in possession, charge or control of any Single Family Dwelling, Multi-Family Dwelling, or Commercial Premises, or a Person authorized by law (such as a Franchisee), to remove any Bin, Cart, Rolloff Box or other Container from any such Premises or from any location where it was lawfully placed for Collection, without the prior written approval of the owner, occupant or Person in possession, charge or control of such Premises. (J) It is unlawful, and a public nuisance, for any person to place Solid Waste adjacent to a street or public right-of-way for Collection by a Franchisee without having first subscribed for Solid Waste Handling Services with such Franchisee. (K) It is unlawful, and a public nuisance, for any person to burn any Solid Waste within the City, except in an approved incinerator or other device for which a permit has been issued Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 28
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by the building official and fire marshal, and which complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations.L. It is unlawful, and a public nuisance, for any Person, other than a Franchisee, to take, remove or appropriate for his/her own use any Solid Waste, including Recyclable Materials, which has been placed in any street or alley for Collection or removal by a Franchisee, regardless of whether the Solid Waste is placed in a Bin, Cart, Rolloff Box or other Container. § 6.30.070 USE OF CONTAINERS FOR SOLID WASTE GENERATED DURING CONSTRUCTION AND DEMOLITION.

In addition to complying with the requirements of chapter 6.40 of the City’s municial code, any Person who generates Solid Waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for Solid Waste Handling Services in connection therewith: (i) by the use of Containers and Collection service from a Franchisee, (ii) as a permitted Self Hauler in compliance with this chapter, or (iii) in compliance with Section

6.30.060(H)(3). In addition to constituting a violation of this chapter, failure to produce evidence of compliance with this Section upon the request of a City building inspector, code enforcement officer or other City officer shall result in the red-tagging of the project by the City and a requirement that all work cease until compliance with this Section. § 6.30.080 MANDATORY RECYCLING.
(A) In complying with the requirements of this chapter, all Commercial Premises and all Multi-Family Dwellings shall implement a Recycling program. that includes Recyling of at least glass, plastics, cardboard, paper, metals and other materials similar to those materials that are Recycled by the City’s Franchisee.
(B) The Recycling program set forth in Section 6.30.080(A) shall include Container signage and educational materials for employees, tenants and other persons occupying the Premises which provide instruction on the proper means by which to separate materials for Recycling.
(C) The goal of the Recycling program set forth in Section 6.30.080(A) shall be to divert at least fifty percent (50%) of Solid Waste generated at the Premises from landfull disposal. (D) If the City’s Franchisee is not utilized to meet the requirements of Section 6.30.080(A), the owner, occupant or Person in possession, charge or control of any Premises to which applies shall provide written evidence to the satisfaction to the City Manager demonstrating that another system is in place for recovery and diversion from landfills of Solid Waste in compliance with the provisions hereof.
§ 6.30.090 RECOVERY OF ORGANIC WASTE.

In addition to any other applicable provisions of this chapter, the owner, occupant or Person in possession, charge or control of every Commercial Premises, including every Multi-Family Dwelling, in the City shall comply with all obligations related to Organic Waste, including the following minimum standards:

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(A) Any Commercial Premises, including any Multi-Family Dwelling, that generates four (4) cubic yards or more of Organic Waste per week shall arrange for Recycling services specifically for Organic Waste, unless such Premises does not generate Organic Waste.

(B) Organic Waste Recycling required by this Section 6.03.090 may be accomplished by any one of the following:
(1) Subscribing to Organics Collection services offered by a Franchisee; (2) Recycling or composting Organic Waste for use onsite; (3) Self-Haul of Organic Waste, in a manner consistent with all other provisioins of this chapter, to a lawfully permitted location for Recycling or composting; (4) Use of a landscaper for removal of Yard Waste in a manner consistent with Section

6.30.060(H)(4) hereof, provided such Yard Waste is delivered to a lawfully permitted Recycling or composting facility;
(5) Any other method that is permitted by law and authorized in writing by the City Manager.
(D) The City Manager may require written documentation to demonstrate compliance with any provision of Section 6.30.090.
§ 6.30.100 SELF HAULERS.
(A) Self-Haulers who obtain a permit from City, and and are operating in accordance with this chapter are only permitted to Collect, transport and dispose of Solid Waste generated by and upon the Self Hauler's own Premises. Under no circumstances may a Self Hauler Collect, transport or dispose of Solid Wastes generated upon Premises that are not owned, operated or controlled by the Self Hauler. Notwithstanding any other provision of this chapter, permitted Self Haulers shall not share, place Solid Waste in, or otherwise use the Bin, Cart, Rolloff Box, or other Container of another Person or business. (B) Registration. All Self Haulers shall apply for and receive a permit to operate as a Self- Hauler from the City and shall comply with the following:
(1) Each self-Hauler shall obtain a permit from the City Manager, and such permit shall be renewed on an annual basis.
(2) Each permit application, whether upon initial application or renewal, shall include the following: (i) a list of all Bins, Carts, Rolloff Boxes and other Containers to be used by the Self Hauler; (ii) a list of all transport and disposal equipment to be used by the Self Hauler; (iii) a written explanation of where all Solid Waste will be delivered for disposal and diversion; (iv) a written plan explaining to the reasonable satisfaction of the City Manager how not less than fifty percent (50%) of Solid Waste Collected will be diverted from disposal in compliance with AB 939;(v) a written plan explaining to the reasonable satisfaction of the City Manager how compliance with the requirement to divert organic waste, in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3 will be acheived, and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs.
(3) Permit renewal applications shall additionally include: (i) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50%) of all Solid Waste generated at its Premises from landfills Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 30
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in a manner that complies with the requirements of AB 939; (ii) records reasonably satisfactory to the City Manager demonstrating the manner in which Organic Waste was diverted from landfills in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3 and (iii) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered Solid Waste generated at its Premises to appropriate disposal or recycling facilities at least as frequently as Collection is required for such Self Hauler by the City Manager.
(4) The City Manager shall approve the application, and issue a self-hauler permit, if the application meets the requirements of this Section, and if the equipment, Containers, diversion plan and disposal plan meet with his reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty-percent (50%) diversion requirement and otherwise complied with all laws related to disposal, recycling and diversion of Solid Waste, including without limitation the diversion of Organic Waste.
(C) Containers. Each Self Hauler shall provided its own Bins, Carts, Rolloff Boxes or other Containers. Bins, Carts, Rolloff Boxes or other Containers utilized by a Self Hauler must conform to industry standards for Solid Waste disposal, comply with all laws and regulations, and must be approved by the City Manager in writing prior to issuance of a self- hauler permit. In addition, any Containers utilized by a Self Hauler shall comply with the following requirements:
(1) All Containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager. (2) All Containers shall be maintained in a sealed, watertight condition; (3) Self Haulers shall remove any graffiti that appears on Containers within twenty-four (24) hours after becoming aware of it.
(D) Collection and Transport Equipment. Collection and transport equipment, including but not limited to transport trucks and vehicles, utilized by a Self Hauler must be approved by the City Manager in writing prior to issuance of a self-hauler permit. (E) Non-Commercial Venture. It is the intent of this chapter to prevent and proscribe self- hauling activities undertaken as a commercial enterprise. Self-Haulers must obtain all equipment, including Containers and Collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A Self Hauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a Self Hauler utilize an independent contractor or any other Person or entity for Solid Waste Handling Services other than a Franchisee. (F) Other Recycling Obligations. Self Haulers shall Recycle all Recyclable Materials not otherwise addressed by this Section to a degree and in a manner consistent with standards generally applicable to the Solid Waste industry and as required by State law or regulation. (G) Collection Frequency. Self Haulers shall remove Solid Waste from their Premises at least once per week. However, upon application to the City Manager to obtain (or renew) a self-hauler permit, the City Manager may determine a different frequency for Solid Waste Collection, transport and disposal from the Self Hauler's Premises. This determination shall be based upon the nature of the Premises, the type of Solid Waste generated by the Premises, Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 31
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and the Collection capacity of the Self Hauler as demonstrated by information in the application.
(H) Hazardous and Special Wastes. Unless lawfully and currently licensed under state, federal and local laws, no Self Hauler shall engage in the Collection, transport or disposal of Hazardous Waste or Special Wastes.
(I) Revocation. The City Manager may revoke a self-hauler permit if the permittee (i) fails to divert at least fifty percent (50%) of all Solid Waste generated at its Premises from landfills in a manner that complies with the requirements of AB 939; (ii) fails to divert organic waste from disposal in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3, (iii) fails to deliver Solid Waste generated at its Premises to appropriate disposal or recycling facilities at least as frequently as Collection is required for such Self Hauler by the City Manager, ,or (iv) fails to comply with the provisions of this chapter or its permit. The City Manager shall notify any permittee in writing of the decision to revoke its permit, and the basis therefore, and the permittee may appeal any such decision within 15 days of the date of such notice being issued by requesting an administrative hearing in the same manner applicable to administrative citations set forth in chapter 1.03 of this Code. § 6.30.110 REMOVAL OF UNAUTHORIZED CONTAINERS.
(A) Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any Container placed within the City for the Collection of Solid Waste in violation of Section 6.30.060(H) (hereinafter "Unauthorized Container(s)") may be impounded as set forth herein.
(1) The City Manager may cause a notice to be placed in a conspicuous place on any Unauthorized Container directing that it be removed. The notice shall specify the nature of the violation and shall state that the Bin, Rolloff Box, or other Container must be removed within twenty-four hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the Container be removed; and, further, shall indicate that any appeal of the order for removal must occur within twenty-four hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the Unauthorized Container, and a copy of the notice shall be provided to owner of the Unauthorized Container once said owners identity is ascertained by City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the Unauthorized Container seeks to retrieve any such Container removed hereunder.
(2) If within twenty four hours after a notice to remove is posted on an Unauthorized Container a request for an appeal has not been received and the Bin, Rolloff Box, or other Container is not removed, the City Manager may direct (including by delegation to the Franchisee) the removal and storage of the Unauthorized Container. In addition, if the contents of the Container is either comprised of a substantial amount of petruscible Solid Waste, or determined by the City Manager to create a threat to health and safety if not disposed of immediately, the City Manager may direct that the contents of the Container be disposed of. The owner of the Unauthorized Container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal. All amounts due to the City for the Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 32
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cost of removal, storage and disposal must be paid before the Unauthorized Container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.
(3) Between the date following the date upon which any Unauthorized Container is removed by the City, and the date which is five (5) business days following its retrieval from City, the owner of the Unauthorized Container may request a hearing to appeal the City’s determination that the Container is an Unauthorized Container subject to removal by City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed. (4) If the identity of the owner of an Unauthorized Container that has been removed by the City is known to the City Manager, the City Manager shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the Unauthorized Container is not claimed within ninety-five days after mailing of the notice to the owner, or ninety days after removal if the identity of the owner is unknown to the City Manager, the Unauthorized Container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on Unauthorized Containers shall specify that the forgoing procedure related to abandonment will apply.
§ 6.30.120 VIOLATIONS; PENALTIES.
(A) This chapter may be enforced in any manner set forth in this Code, or as otherwise provided by law.
(B) Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney. (1) Penalty for Misdemeanor Violation. Any person convicted of a misdemeanor under any provision of this chapter shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
(2) Penalty for Infraction Violation. Any person convicted of an infraction under any provision of this chapter shall be punished by:
(a) A fine not exceeding One Hundred Dollars ($100.00) for a first violation; (b) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision within one (1) year; and
(c) A fine not exceeding Five Hundred Dollars ($500.00) for a third and for any additional violation of the same provision within one (1) year. (C) Violations related to State mandated Organic waste obligations. In addition to any other available remedy, any violation of 14 CCR, Div. 7, Ch. 12, or any of the provisions hereof which address such obligations,shall be subject to the provisions of chapter 1.30 of the City’s municipal code related to administrative citations, modified as follows:

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(1) Upon determining a violation has occurred, The City Manager or his designee shall issue a notice of violation pursuant to 14 CCR, Div. 7, Ch. 12, Section 18995.4, requiring compliance within 60 days of such notice.
(2) Absent compliance, the following administrative fines shall apply:
(A) for a first violation - $50
(B) for a second violation - $100
(C) for a third or subsequent violation - $250
(D) Violations deemed to be a public nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances. (E) Attorney fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs, and other such expenses of litigation and/or prosecution as it may incur by appropriate lawsuit against the person found to have violated any provisions of this chapter.

Item Title: 11.3 Solid Waste and Recycling Ordinance Amendment Item Page Number: 34
Menifee Mayor and City Council March 2, 2022

CITY OF MENIFEE
SUBJECT: Redistricting Ordinance Introduction
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, Acting City Clerk
REVIEWED BY: Stephanie Roseen, Acting City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Introduce an Ordinance, repealing and replacing Ordinance No. 2011-101 and amending the boundaries for the four councilmanic districts.

DISCUSSION
Every ten years local governments use new census data to redraw their district lines to reflect how local populations have changed. This process is called redistricting. Assembly Bill 849 requires cities and counties to engage communities in the redistricting process by holding public hearings and/or workshops and providing public outreach. On August 4, 2021, the City Council approved the professional services agreement with Bear Demographics and Research, LLC to help coordinate the City’s redistricting efforts.

This item is the eighth meeting the City has held on the redistricting process. Table one below outlines the meetings held throughout the City between September 2021 and March 2022.

Table 1 – Public Meetings
Date Location Meeting Description
September 15, 2021 City Hall Overview of Redistricting
November 3, 2021 City Hall Pre-Draft Map Public Hearing December 1, 2021 Sun City Library Public Workshop
December 13, 2021 Menifee Library Public Workshop
January 29, 2022 Marion V. Ashley Community
Center
Public Workshop
February 2, 2022 City Hall Draft Map Public Hearing
February 16, 2022 City Hall Pre Final Map Public Hearing March 2, 2022 City Hall Introduction of Final Map
Item Title: 12.1 Redistricting Ordinance Introduction
Item Page Number: 1
Menifee Mayor and City Council March 2, 2022

City of Menifee Staff Report
Redistricting Ordinance Introduction
March 2, 2022

9 0
7 At the February 16, 2022 City Council meeting, four of the five City Councilmembers provided consensus on Draft Map No. 3. This is the introduction and first reading of the Ordinance amending the boundaries for the four councilmanic districts.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Council District Boundaries - Final Map

2. Draft Ordinance
Item Title: 12.1 Redistricting Ordinance Introduction
Item Page Number: 2
Menifee Mayor and City Council March 2, 2022

City of Menifee
2022 City Council Boundaries
Final Map
March 2, 2022
Item Title: 12.1 Redistricting Ordinance Introduction
Item Page Number: 3
Menifee Mayor and City Council March 2, 2022

2 Item Title: 12.1 Redistricting Ordinance Introduction Item Page Number: 4
Menifee Mayor and City Council March 2, 2022

3 Item Title: 12.1 Redistricting Ordinance Introduction Item Page Number: 5
Menifee Mayor and City Council March 2, 2022

4 Item Title: 12.1 Redistricting Ordinance Introduction Item Page Number: 6
Menifee Mayor and City Council March 2, 2022

5 Item Title: 12.1 Redistricting Ordinance Introduction Item Page Number: 7
Menifee Mayor and City Council March 2, 2022

6 Item Title: 12.1 Redistricting Ordinance Introduction Item Page Number: 8
Menifee Mayor and City Council March 2, 2022

7 Item Title: 12.1 Redistricting Ordinance Introduction Item Page Number: 9
Menifee Mayor and City Council March 2, 2022

City of Menifee
2022 Council Districts Demographic Profile
Council District 1 2 3 4 Total
Total Population (Pop) 2020 Adjusted 25,881 25,026 26, 196 25, 692 102, 795 Deviation 182 (673) 497 (7 ) % Deviation 0.7% -2.6% 1.9% 0.0% 4.5%
Latino 32.0% 42.3% 35.1% 42.0% 37.8%
White 53.1% 41.1% 42.2% 38.8% 43.8%
Black 6.5% 5.6% 7.8% 8.5% 7.1%
American Indian 1.2% 1.3% 1.3% 1.3% 1.3%
Asian 5.0% 7.0% 10.5% 6.7% 7.3%
Hawaiian, Pacific Islander 0.4% 0.6% 0.8% 0.6% 0.6%
Other Race 1.0% 1.1% 1.1% 1.2% 1.1%
Multi Minority Race 0.7% 0.9% 1.2% 1.0% 0.9%
Voting Age Population (VAP) 2020 Adjusted 22,048 18,117 18, 983 19, 418 78, 566 Latino 28.4% 39.1% 31.9% 37.7% 34.0%
White 56.7% 44.3% 45.2% 42.4% 47.5%
Black 6.8% 5.6% 8.0% 8.6% 7.2%
American Indian 1.3% 1.3% 1.4% 1.4% 1.3%
Asian 4.9% 7.4% 10.8% 7.1% 7.5%
Hawaiian, Pacific Islander 0.5% 0.6% 0.7% 0.6% 0.6%
Other Race 0.9% 1.1% 1.0% 1.3% 1.1%
Multi Minority Race 0.6% 0.7% 1.0% 0.9% 0.8%
Citizen Voting Age Population (CVAP) 2019 18,229 14,540 16, 259 14, 940 63, 963 Latino 22.0% 38.2% 30.2% 37.5% 31.4%
White 65.7% 52.0% 50.8% 43.8% 53.7%
Black 6.2% 3.7% 8.0% 10.3% 7.0%
Asian 3.4% 4.8% 7.8% 6.2% 5.5%
All Other 2.7% 1.5% 3.1% 2.2% 2.4%
2020 Census State Adjusted Redistricting Data
2019 ACS CVAP Tabulation
March 2, 2022
8 Item Title: 12.1 Redistricting Ordinance Introduction Item Page Number: 10
Menifee Mayor and City Council March 2, 2022

City of Menifee
2022 Council Districts Demographic Profile
Council District 1 2 3 4 Total
Total Households (By Household Income) 9,752 6,109 6,857 6,666 29,384 Less than $35,000 36.9% 13.9% 13.7% 28.5% 24.8%
$35,000 to $75,000 32.7% 26.5% 22.8% 29.8% 28.5%
$75,000 to $150,000 23.8% 39.6% 43.4% 27.5% 32.5%
$150,000 or more 6.6% 20.1% 20.1% 14.1% 14.3%
Population 25 years and over (By Education Level) 17,953 14,105 15,016 14,080 61,153 No High School Diploma 12.7% 10.8% 10.3% 18.9% 13.1%
Diploma, No College Degree 62.9% 58.4% 53.4% 51.9% 57.0% Any College Degree 24.4% 30.9% 36.4% 29.3% 29.9%
Occupied Housing Units 9,752 6,109 6,857 6,666 29,384 Owner occupied 75.0% 83.9% 75.6% 74.4% 76.9%
Renter occupied 25.0% 16.1% 24.4% 25.6% 23.1%
Population 5 years and over (By Language Spoken at
Home) 21,957 20,307 22,791 20,447 85,502 English only 78.2% 73.7% 77.3% 61.6% 72.9%
Spanish 17.4% 20.9% 15.1% 31.3% 20.9%
Asian and Pacific Island languages 1.9% 3.1% 5.3% 3.7% 3.5% Other Indo-European languages 2.5% 2.3% 2.3% 3.5% 2.6%
Population With Poverty Status Determined (by Poverty
Status and Age) 22,979 22,546 24,344 21,528 91,398 Income Below Poverty Level Past 12 Months 8.9% 7.2% 8.3% 12.3% 9.1% Income At or Above Poverty Level Past 12 Months 91.1% 92.8% 91.7% 87.7% 90.9% 2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
March 2, 2022
9 Item Title: 12.1 Redistricting Ordinance Introduction Item Page Number: 11
Menifee Mayor and City Council March 2, 2022

ORDINANCE NO. 2022-_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE REPEALING AND REPLACING ORDINANCE NO.
2011-101 AND AMENDING THE BOUNDARIES FOR THE

FOUR COUNCILMANIC DISTRICTS
WHEREAS, California Elections Code section 21601 requires all cities to redistrict after each Federal decennial census using "that census" as a basis so that the districts shall be as nearly equal in population as may be possible, and to "comply with the applicable provisions of Section 1973 of Title 42 of the United States Code, as amended (the Voting Rights Act); and
WHEREAS, results from the 2020 federal census were received by the City of Menifee; and
WHEREAS, the City held six public hearings and three public input workshops throughout the City to encourage the public’s participation; and WHEREAS, on February 2, 2022 the City held a public hearing and presented two draft maps to the City Council for their consideration and the City Council provided feedback; and
WHEREAS , on February 16, 2022 the City held a public hearing and presented two additional draft maps for the City Council’s consideration and the City Council provided consensus on Draft Map No. 3; and
WHEREAS, on March 2, 2022 the City Council considered the Final Map as described in Exhibit A attached hereto.

THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Section 1.Amendment of Municipal Code. The Menifee Municipal Code Title 2, Chapter 2.04, Section 2.04.070 Councilmanic District Boundaries is hereby amended to read as follows:

SECTION 2.04.070 COUNCILMANIC DISTRICT BOUNDARIES
(A) First District. The region bounded and described as follows:

Beginning at the point of intersection of Census TIGER/Line 652042068 and the northern border of Parcel 341-370-074, and proceeding northerly along Census TIGER/Line 652042068 to Census TIGER/Line 652042070, and proceeding northerly along Census TIGER/Line 652042070 to Census TIGER/Line 652042073, and proceeding northerly along Census TIGER/Line 652042073 to Census TIGER/Line 652042074, and proceeding northerly along Census TIGER/Line 652042074 to the eastern border of Census Block 060650427323003, Item Title: 12.1 Redistricting Ordinance Introduction
Item Page Number: 12
Menifee Mayor and City Council March 2, 2022

and proceeding northerly along the eastern border of Census Block 060650427323003 to the City Boundary, and proceeding northerly and easterly along the City Boundary to I- 215, and proceeding southerly along I- 215 to Newport Rd, and proceeding westerly along Newport Rd to Murrieta Rd, and proceeding northerly along Murrieta Rd to Salt Creek Flood Control Channel, and proceeding westerly along Salt Creek Flood Control Channel to Normandy Rd, and proceeding westerly along Normandy Rd to La Ladera Road, and proceeding northerly along La Ladera Road to the eastern border of Parcels 341-200-016 through 341-370- 054, and proceeding northerly along the eastern border of Parcels 341-200-016 through 341-370-054 to the northern border of Parcels 341-370-054 through 341- 370-074, and proceeding westerly along the northern border of Parcels 341-370- 054 through 341-370-074 to the point of beginning.
(B) Second District. The region bounded and described as follows:

Beginning at the point of intersection of the City Boundary and the eastern border of Census Block 060650427323003, and proceeding southerly along the eastern border of Census Block 060650427323003 to Census TIGER/Line 652042074, and proceeding southerly along Census TIGER/Line 652042074 to Census TIGER/Line 652042073, and proceeding southerly along Census TIGER/Line 652042073 to Census TIGER/Line 652042070, and proceeding southerly along Census TIGER/Line 652042070 to Census TIGER/Line 652042068, and proceeding southerly along Census TIGER/Line 652042068 to the northern border of Parcels 341-370-074 through 341-370-054, and proceeding easterly along the northern border of Parcels 341-370-074 through 341-370-054 to the eastern border of Parcels 341-370-054 through 341-200-016, and proceeding southerly along the eastern border of Parcels 341-370-054 through 341-200-016 to La Ladera Road, and proceeding southerly along La Ladera Road to Normandy Rd, and proceeding easterly along Normandy Rd to Salt Creek Flood Control Channel, and proceeding easterly along Salt Creek Flood Control Channel to Murrieta Rd, and proceeding southerly along Murrieta Rd to Newport Rd, and proceeding easterly along Newport Rd to I- 215, and proceeding southerly along I- 215 to Keller Rd, and proceeding westerly along Keller Rd to the City Boundary, and proceeding northerly and easterly along the City Boundary to the point of beginning. (C) Third District. The region bounded and described as follows: Beginning at the point of intersection of Salt Creek and I- 215, and proceeding easterly along Salt Creek to Menifee Rd, and proceeding northerly along Menifee Rd to Trailhead Dr, and proceeding easterly along Trailhead Dr to Lindenberger Rd, and proceeding southerly along Lindenberger Rd to Salt Creek, and proceeding easterly along Salt Creek to the City Boundary, and proceeding southerly and westerly along the City Boundary to Scott Rd, and proceeding westerly along Scott Rd to I- 215, and proceeding northerly along I- 215 to the point of beginning. (D) Fourth District. The region bounded and described as follows:

Beginning at the point of intersection of I- 215 and Salt Creek, and proceeding northerly along I- 215 to the City Boundary, and proceeding easterly and southerly along the City Boundary to Salt Creek, and proceeding westerly along Salt Creek to Lindenberger Rd, and proceeding northerly along Lindenberger Rd to Trailhead Dr, and proceeding westerly along Trailhead Dr to Menifee Rd, and proceeding Item Title: 12.1 Redistricting Ordinance Introduction
Item Page Number: 13
Menifee Mayor and City Council March 2, 2022

southerly along Menifee Rd to Salt Creek, and proceeding westerly along Salt Creek to I- 215, and proceeding northerly along I- 215 to the point of beginning.

Section 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 3.Effective Date. This ordinance shall take effect 30 days from the date of its adoption.

Section 4.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

This Ordinance was introduced and read on the 2nd day of March 2022 and APPROVED AND ADOPTED THIS ___ DAY of _______, 2022.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.1 Redistricting Ordinance Introduction
Item Page Number: 14
Menifee Mayor and City Council March 2, 2022

Exhibit A
Item Title: 12.1 Redistricting Ordinance Introduction
Item Page Number: 15
Menifee Mayor and City Council March 2, 2022

CITY OF MENIFEE
SUBJECT: Industrial Good Neighbor Policies
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Orlando Hernandez, Planning Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a Resolution approving the Industrial Good Neighbor Policies as an appendix to the City of Menifee’s Design Guidelines.

DISCUSSION
The purpose of the Good Neighbor Policies is to provide local government and developers with ways to address environmental and neighborhood compatibility issues associated with permitting warehouses, logistics and distribution facilities. The proposed policies are designed to promote economic vitality and sustainability of businesses, while protecting the general health, safety, and welfare of the public and surrounding sensitive receptors which include residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, and hospitals.

Staff presented a discussion item regarding industrial warehouse and logistics development at the July 7, 2021 City Council meeting. Some of the information provided to the City Council included a list of policies and/or general guidelines that have been implemented by other jurisdictions aimed to protect residents from industrial warehouse and logistics development. The City Council consensus was for staff to put together a draft document of Good Neighbor Policies appropriate to the City of Menifee.

On December 9, 2021, a draft document of the Good Neighbor Policies was presented to the City Council and general feedback was provided by Council, as well as by applicants and property owners.

Staff has met with multiple stakeholders to discuss the general framework and intent of the policies. Additionally, staff met with approximately 15 representatives from the development community on January 10, 2022 to discuss the draft policies. Staff provided clarifications to some of their comments and incorporated many of the suggested changes into the document.

Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 1
Menifee Mayor and City Council March 2, 2022

City of Menifee Staff Report
Approving Industrial Good Neighbor Policies
March 2, 2022

8 7
0 At the February 9, 2022 Planning Commission meeting, the Planning Commission voted four to one to adopt Resolution No. PC22-559, forwarding a recommendation to the City Council to adopt the Industrial Good Neighbor Policies as an attachment to the City’s Design Guidelines.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no additional fiscal impact.

ATTACHMENTS

1. Resolution and Exhibit A – Industrial Good Neighbor Policies

2.Planning Commission Staff Report

3.Planning Commission Resolution No. PC22-559
Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 2
Menifee Mayor and City Council March 2, 2022

RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

ADOPTING NEW GOOD NEIGHBOR INDUSTRIAL POLICIES AS AN APPENDIX TO THE CITY’S DESIGN GUIDELINES
WHEREAS, on July 7, 2021, a discussion item was presented to the City Council regarding industrial warehouse and logistics development.

WHEREAS, on July 7, 2021, the City Council provided direction to staff to draft Good Neighbor Industrial Policies.

WHEREAS, on December 9, 2021, the City Council held a workshop to discuss the draft Good Neighbor Industrial Policies.

WHEREAS, on January 10, 2022, the draft Good Neighbor Industrial Policies were presented to the Industrial Developer Stakeholder Group, from which the group provided input and suggested modifications to the policies.

WHEREAS, On January 26, 2022, the Policies were on the Planning Commission agenda. Due to a technical error with the zoom account, members of the public who desired to participate virtually were unable to join the meeting. The Planning Commission elected to continue the item to the following Planning Commission meeting to be held on February 9, 2022, to allow all member of the public the opportunity to participate and provide input on the policies.

WHEREAS, on February 9, 2022, the Planning Commission considered the proposed Industrial Good Neighbor Policies; received public testimony; reviewed all materials in the staff report and accompanying documents to recommend approval of the policies; and considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts that the proposed Good Neighbor policies may have upon the environment.

WHEREAS, on the February 9, 2022, the Planning Commission adopted Resolution PC22-559 recommending the City Council adopt the Good Neighbor Industrial Policies.

WHEREAS, on March 2, 2022, the City Council held a duly noticed public hearing concerning the Industrial Good Neighbor Policies, and considered testimony and evidence at the Public Hearing held with respect thereto; and
NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. That the City has considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts the proposed implementation that the Good Neighbor Policies may have upon the environment. That the adoption of the proposed policies does not fall within the definition of a “project” and does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment.

Section 3. Find that the proposed draft Industrial Good Neighbor Policies shall preserve the health, safety, and general welfare of the residents of and visitors to the City of Menifee.

Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 3
Menifee Mayor and City Council March 2, 2022

Resolution Recommending Adoption of Proposed Industrial Good Neighbor Policies

2 4
4 6
0 3
Section 4. Find that the proposed draft Industrial Good Neighbor Policies are consistent with the 2013 General Plan.

Section 5. Adopt the proposed Industrial Good Neighbor Policies, as set forth in Exhibit A hereto.

Section 6.Severability. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitutional.

Section 7. Effective Date. This Resolution shall become effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 2
nd day of March 2022
___________________________
Bill Zimmerman, Mayor
ATTEST:
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 4
Menifee Mayor and City Council March 2, 2022

Exhibit A; Good Neighbor Policies
1 Exhibit A

INDUSTRIAL GOOD NEIGHBOR POLICIES

PURPOSE
The purpose of the Good Neighbor Policies (Policies) is to provide local government and developers with ways to address environmental and neighborhood compatibility issues associated with permitting warehouse, logistics and distribution facilities. These Policies are designed to promote economic vitality and sustainability of businesses, while still protecting the general health, safety, and welfare of the public and sensitive receptors. within the City of Menifee.

Sensitive receptors include residential neighborhoods, schools, public parks, playgrounds, day care centers, nursing homes, hospitals, and other public places where residents are most likely to spend time.

The intent of the City of Menifee’s Good Neighbor Policies, in siting new warehouse, logistics and distribution uses, include:

1. Minimize impacts to sensitive uses

2. Protect public health, safety, and welfare by regulating the design, location and operation of facilities

3. Protect neighborhood character of adjacent communities

APPLICABILITY
The Policies apply to all new warehouse, logistics and distribution facilities (“industrial uses”), excluding pending applications that have been deemed complete as the effective day of this policy, that include any building larger than 100,000 square feet in size or any sized building with more than 10 loading bays (dock-high). These Policies apply in addition to the provisions of the Development Code, and act as a supplement to the City-wide Design Guidelines adopted by the City on April 15, 2020. Project-level review under CEQA would continue to apply to any project, regardless of the total square footage. The hearing body has the discretion and authority to approve projects that deviate from the guidance provided in this policy, subject to unique site- specific conditions such as topography and other relevant factors.

Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 5
Menifee Mayor and City Council March 2, 2022

Exhibit A; Good Neighbor Policies
2 The following summarizes the Policies for the City of Menifee:

General Performance Standards

1. Truck traffic shall generally be routed to impact the least amount of sensitive receptors, (e.g. access locations, use of traffic control features, signage).

2. To the maximum extent feasible, buildings shall be designed so that truck driveways and loading docks are oriented away from sensitive receptors to minimize impacts.

3. Sufficient landscape buffers and walls shall be provided on-site to screen sensitive receptors from truck access, parking, and storage.

4. Building massing shall be consistent with the City’s Industrial Design Guidelines so as to reduce visual dominance on adjacent sensitive receptors.

5. Community outreach throughout the planning process shall occur. The level of public outreach for each project shall be determined by City staff based on the project’s scope and surroundings.

A. Site Design, Access, and Layout

1. Buildings shall be set back a minimum of one foot for every one foot of building height, but no less than 25 feet, when adjacent to a sensitive receptor.

2. Dock high doors shall be a minimum of 250’ from the property line of adjacent sensitive receptors.

3. When not adjacent to sensitive receptors, truck courts and trailer parking should face internal to the site when feasible to avoid screen walls being the most prominent street feature. A "wing-wall" may also be installed perpendicular to the loading dock areas to further attenuate noise related to truck activities and also address aesthetics by screening the loading area.

4. Decorative walls shall be used to screen industrial uses from adjacent sensitive receptors.

Landscaping (and berming for walls greater than six feet in height) shall be used to reduce the visual impact of the walls.

5. To the maximum extent feasible, truck driveways shall not be placed on any portion of the street that fronts sensitive receptors.

6. Facilities shall be designed to provide adequate on-site parking and queuing for trucks/trailers away from sensitive receptors.

7. Check-in gates and/or guard booths are required to be positioned with a minimum of 150 feet inside the property line for on-site truck queuing. An additional 75 feet of on-site queuing shall be added for every 20 loading docks beyond 40 up to 300 feet. Multiple Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 6
Menifee Mayor and City Council March 2, 2022

Exhibit A; Good Neighbor Policies
3 lanes (minimum lane width of 12 feet) are permitted to achieve the required on-site truck queuing. The general queuing and spill-over of trucks onto surrounding public streets are prohibited. Commercial trucks and/or trailers shall not be parked on the public road right- of-way or adjacent to sensitive receptors.

8. Required passenger vehicle parking should be separated from enclosed truck parking/truck court, and have separate primary access.

9. Underground stormwater facilities are preferred over above-ground basins. If above- ground facilities are needed, these should be designed so that the depth (i.e. under 18”) does not require perimeter fencing and can be incorporated as additional landscape buffer.

10. A minimum of 50% of site plantings shall be evergreen broadleaf tree species.

11. Front setbacks shall include a minimum 25-foot landscape planter. For property lines adjacent to a sensitive receptor, side setbacks shall include a minimum 10 foot landscape planter, and rear setbacks shall include a minimum 5 foot landscape planter.

12. No parking shall be permitted in the landscape setback area.

B. Signage and Information

1. Require on-site signage for directional guidance to trucks entering and exiting the facility to minimize potential impacts on sensitive receptors.

2. Anti-idling signs are required to be posted at warehouses to stipulate a 3-minute idling restriction.

3. Legible, durable, weather-proof signs are required at all truck exit driveways directing truck drivers to the truck route and State Highway System.

4. During construction, signs are required to be in public view with contact information for a designated representative of the building occupant and an SCAQMD representative who is designated to receive complaints about excessive dust, fumes, or odors on this site.

5. New and existing industrial uses shall provide truck drivers with information on the closest restaurants, fueling stations, truck repair facilities, and lodging (i.e. by posting in offices/breakrooms).

C. Environmental Considerations
a) Air Quality
Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new logistics and warehouse facilities. CEQA compliance Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 7
Menifee Mayor and City Council March 2, 2022

Exhibit A; Good Neighbor Policies
4 demands a proper accounting of the full air quality and greenhouse gas impacts of industrial uses and adoption of all feasible mitigation of significant impacts. As updated by South Coast Air Quality Management District (AQMD) and California Air Resource Board (CARB), the following policies apply:

1. In compliance with CEQA, conduct SCAQMD URBEMIS and EMFAC computer models to identify the significance of air quality impacts on sensitive receptors. a. Require an air quality analysis to ensure air quality protection, in accordance with the Air Quality Management District (AQMD) guidelines, for both project-specific and cumulative impact analysis.
b. Require “Health Risk Assessments” for industrial uses within 1,000 feet of sensitive receptors.

2. Minimize the air quality impacts of trucks on sensitive receptors a. Design facilities with queuing of trucks on-site and away from sensitive receptors. b. Prevent the queuing of trucks on streets or elsewhere outside of the facility. c. The installation of on-site electric hook-ups to eliminate idling of main and auxiliary engines during loading and unloading of cargo and when trucks are not in use and required where transport refrigeration units (TRUs) are proposed to be used.

3. Require Transportation Demand Management measures for industrial uses with over one hundred employees to reduce work-related vehicle trips.

4. Use of electric-powered hand tools, forklifts, aerial lifts, materials lifts, hoists, pressure washers, plate compactors, and air compressors, when feasible.

5. For buildings with 50 or more dock high doors, site plans are required to identify a planned location for future electric truck charging stations and install conduit to that location. A ratio of one charging station shall be required for every 50 dock high doors.

6. The following environmentally responsible construction practices are required:
a. Use of most readily available technology (CARB Tier 3, Tier 4 Interim, and Tier 4 Compliant equipment).
b. Designate an area of the construction site where electric-powered construction vehicles and equipment can charge if the utility provider can feasibly provide temporary power for this purpose.
c. The maximum daily disturbance area (actively graded area) shall be determined by the Air Quality Study
Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 8
Menifee Mayor and City Council March 2, 2022

Exhibit A; Good Neighbor Policies
5 d. Streets adjacent to the development site shall be swept on a regular basis as determined by the City inspector to remove any construction related debris and dirt.
e. Construction equipment maintenance records and data sheets, which includes equipment design specifications and equipment emission control tier classifications, as well as any other records necessary to verify compliance with items listed above, shall be kept on-site and furnished to the City upon request. b) Noise and Traffic
Noise impacts associated with industrial uses can be the most impactful to sensitive receptors and include various sources, such as unloading, truck movement, rooftop mechanical equipment, and PA systems.

1. Use of perimeter walls, buildings, and/or enhanced landscaping to reduce noise impacts as appropriate.

2. If a public address (PA) system is being used in conjunction with an industrial use, the PA system shall be oriented away from sensitive receptors and the volume set at a level not readily audible past the property line.

3. Prepare a construction traffic control plan prior to grading, detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations to minimize impacts to sensitive receptors.

4. See B5 through B8 above in Site Design, Access and Layout section.

Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 9
Menifee Mayor and City Council March 2, 2022

CITY OF MENIFEE
SUBJECT: Industrial Good Neighbor Policies
MEETING DATE: February 9, 2022
TO: Planning Commission
PREPARED BY: Orlando Hernandez, Planning Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Cheryl Kitzerow, Community Development Director APPLICANT: City of Menifee
--------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a Resolution recommending the City Council find the Industrial Good Neighbor Policies exempt from further environmental review and approve the policies as an appendix to the City of Menifee’s Design Guidelines.

DISCUSSION
Staff presented a discussion item regarding industrial warehouse and logistics development at the July 7, 2021, City Council meeting. Some of the information provided to Council included a list of policies and/or general guidelines that have been implemented by other jurisdictions aimed to protect residents from industrial warehouse and logistics development. The City Council’s direction was for staff to put together a draft document of Good Neighbor Policies appropriate to the City of Menifee and to recommend new language to clarify the General Plan, specific to the Economic Development Corridors, and the Development Code as it relates to industrial and business park uses. On December 9, 2021, a draft document of the Policies was presented to the City Council and general feedback was provided by Council, as well as by applicants, brokers, property owners, and residents. A timeline was provided to City Council specifying a meeting with stakeholders in early January, presenting draft guidelines to Planning Commission in February and final adoption by the City Council in March of 2022.

On January 26, 2022, the Policies were on the Planning Commission agenda. Due to a technical error with the Zoom account, members of the public who desired to participate virtually were unable to join the meeting. The Planning Commission elected to continue the item to the following Planning Commission meeting to be held on February 9, 2022, to allow all member of the public the opportunity to participate and provide input on the policies.

Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 10
Menifee Mayor and City Council March 2, 2022

City of Menifee Planning Commission
Industrial Good Neighbor Policies
February 9, 2022

Good Neighbor Policies:

Over the last several months, staff has met with multiple stakeholders to discuss the general framework of the policies. Staff also met with representatives from the National Association of Industrial Office Parks (NAIOP). Additionally, staff met with approximately 15 stakeholders from the development community on January 10, 2022 to discuss the draft policies. Staff provided clarifications to their comments and incorporated most of the suggested changes to the document.

The purpose of the Good Neighbor Policies is to provide local government and developers with ways to address environmental and neighborhood compatibility issues associated with permitting warehouse, logistics and distribution facilities. The proposed policies are designed to promote economic vitality and sustainability of businesses, while still protecting the general health, safety, and welfare of the public, protect neighborhood character of adjacent communities, and sensitive receptors. Menifee has drafted a document that breaks the different policies into four categories:

1. General Performance Standards

2. Site Design Access and Layout

3. Signage and Information

4. Environmental Considerations

ENVIRONMENTAL DETERMINATION
The City has considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts the proposed implementation that the Industrial Good Neighbor Policies may have upon the environment. The adoption of the proposed policies does not fall within the definition of a “project” and does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment.

ATTACHMENTS

1. Planning Commission Resolution and Exhibit A
Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 11
Menifee Mayor and City Council March 2, 2022

RESOLUTION NO. PC 22-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE,

CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT NEW GOOD

NEIGHBOR INDUSTRIAL POLICIES
WHEREAS, on July 7, 2021, a discussion item was presented to the City Council regarding industrial warehouse and logistics development.

WHEREAS, on July 7, 2021, the City Council provided direction to staff to draft Good Neighbor Industrial Policies.

WHEREAS, on December 9, 2021, the City Council held a workshop to discuss the draft Good Neighbor Industrial Policies.

WHEREAS, on January 10, 2022, the draft Good Neighbor Industrial Policies were presented to the Industrial Developer Stakeholder Group, from which t he group provided input and suggested modifications to the policies.

WHEREAS, On January 26, 2022, the Policies were on the Planning Commission agenda . Due to a technical error with the zoom account, members of the public who desired to participate virtually were unable to join the meeting. The Planning Commission elected to continue the item to the following Planning Commission meeting to be held on February 9, 2022, to allow all member of the public the opportunity to participate and provide input on the policies.

WHEREAS, on February 9, 2022, the Planning Commission considered the proposed Industrial Good Neighbor Policies; receive d public testimony; reviewed all materials in the staff re port and accompanying documents to recommend approval of the policies ; and considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts that the proposed Good Neigh bor policies may have upon the environment.

NOW, THEREFORE, BE IT RESOLVED the City of Menifee Planning Commission recommends to the City Council of the City of Menifee as follows:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. That the City Council find that the City has considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts the proposed impl ementation that the Good Neighbor Policies may have upon the environment. That the adoption of the proposed policies does not fall within the definition of a “project” and does not have the potential for resultin g in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment.

Section 3. That the City Council find that the proposed draft Industrial Good Neighbor Policies are consistent with the requirements of the City of Menifee Municipal Code.

Section 4. That the City Council find that the proposed draft Industrial Good Neighbor Policies shall preserve the health, safety, and general welfare of the residents of and visitors to the City of Menifee.

Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 12
Menifee Mayor and City Council March 2, 2022

Resolution Recommending Adoption of Proposed Industrial Good Neighbor Policies

2 Section 5. That the City Council find that the proposed draft Industrial Good Neighbor Policies are consistent with the 2013 General Plan.

Section 6. That the City Council adopt the proposed Industrial Good Neighbor Policies, as set forth in Exhibit A hereto.

PASSED, APPROVED AND ADOPTED this 9
th day of February 2022
___________________________
David White, Chair
ATTEST:
_______________________________
Stephanie Roseen, Deputy City Clerk
Approved as to form:
_______________________________
V. Thai Phan, Assistant City Attorney
Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 13
Menifee Mayor and City Council March 2, 2022

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Item Title: 12.2 Industrial Good Neighbor Policies
Item Page Number: 21
Menifee Mayor and City Council March 2, 2022

CITY OF MENIFEE
SUBJECT: Permit-Ready Accessory Dwelling Unit Plans and Guidebook MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Senior Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a Resolution approving the Permit-Ready Accessory Dwelling Unit (ADU) plan designs and ADU Guidebook for use by the public in obtaining permits for construction of an accessory dwelling unit per City requirements.

DISCUSSION
With the recent adoption of the 2022-2029 Housing Element, and as part of the City of Menifee’s efforts to plan for housing needs of the community, the City is working on ways to accommodate a variety of housing options in Menifee. One way is by offering Permit-Ready Accessory Dwelling Unit (ADU) plans to residents making it easier to build ADUs in Menifee. ADUs, also known as a "second unit," "in-law unit" or "granny flat" are an attached or detached residential accessory structure on a residential lot that provides independent living facilities for one or more persons.

ADUs are allowed on residentially zoned lots within the City, in addition to an existing primary dwelling unit or with a proposed primary dwelling unit per the Development Code and state law.

Recent state legislation to address the State’s housing crisis and minimize barriers to housing, requires local jurisdictions to allow for ADUs and limits how local jurisdictions may regulate ADUs.

In addition, to allowing for ADUs as required by the State, some jurisdictions are further incentivizing ADUs by offering Permit-Ready ADU plans to streamline the approval process and minimize costs. By offering Permit-Ready ADU plans to the public, local property owners have an option available to them that can reduce time and cost for approval of an ADU by eliminating the need to prepare ADU plans and the need for building plan check review. Other benefits of ADUs include creating more affordable housing (e.g., for relatives, friends, students, etc.), allowing seniors to age in place, increasing property value, and creating an opportunity to earn extra income by having a rental unit.

In March of 2019, the State of California Department of Housing and Community Development (HCD) released a Notice of Funding Availability for the Senate Bill 2 (SB2) Planning Grants Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 1
Menifee Mayor and City Council March 2, 2022

City of Menifee Staff Report
Permit-Ready ADU Plans and Guidebook
March 2, 2022

8 6
7 Program. SB2 was part of a 15-bill housing package aimed at addressing the State's housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California.

In 2020, the City applied for, and was awarded with SB2 funds to streamline housing production.

One of the funded efforts included the ADU plan program. With SB2 grant funds, the City contracted with an architectural firm, Design Path Studio, to prepare the Permit-Ready ADU plans and the ADU Guidebook. This work includes preparation of code compliant ADU construction plans that the City can promote and provide to the public for use in obtaining permits to construct an ADU. The Permit-Ready ADU plans are intended to incentivize, streamline, and minimize costs to homeowners wishing to build an ADU. The ADU Guidebook is intended to be a user- friendly and informative how-to guide for the public with information on how to successfully obtain permits for and build an ADU.

The concept of providing Permit-Ready ADU plans has been implemented in a small number of jurisdictions in recent years. Cities such as Encinitas and San Diego have offered Permit-Ready ADU plans and have been successful in implementing their permit-ready programs by increasing ADU housing stock to their communities. Staff worked with Design Path Studio to look at best practices and examples from those communities and others, as well as the existing character of Menifee to develop a variety of plan size, type, and architectural style options that would be suited to, and fit the needs and character of Menifee. From this effort, Design Path Studio has completed ADU designs, which have been presented to the community and from which final construction drawings will be prepared. Once construction drawings are completed, plans will require review revisions and approval by the Building and Safety Department.

Community Meeting
City staff presented the Permit-Ready ADU plan designs at a community meeting held on October 19, 2021. Notification of the meeting was provided to residents/property owners included on an interest list developed from contacts with the City. Numerous individuals expressed interest over several months, as information on the program was highlighted over the past year in the Menifee Matters publications and the City’s website. Over 50 people attended the meeting resulting in substantial discussion and questions following a presentation of the plans by the City’s consultant.

Questions and discussion generally related to the following:
Timing of when the plans would be available, permit process, and cost for plans (no cost for plans; permits and permit fee required); and
HOA restrictions on ADUs and HOA notification; and
If and how plans could be modified; and
Larger ADUs/greater square footage for larger lots (City’s current ADU standards restrict ADU size to 1,200 square feet); and
Addition of solar to roofs (roofs will be designed for maximum loads); and Fire sprinkler requirements; and
Two bathrooms for three-bedroom options; and
Riverside County Environmental Health requirements for septic (Quail Valley & rural areas); and
Utility connections – Would utilities be separate from the main home? Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 2
Menifee Mayor and City Council March 2, 2022

City of Menifee Staff Report
Permit-Ready ADU Plans and Guidebook
March 2, 2022

8 6
7 From the attendance and level of participation at the community meeting, the response to the plans was positive and reflected significant interest from the community to utilize the Permit- Ready ADU plans and program
Planning Commission
At the February 9, 2022, Planning Commission meeting, the Planning Commission voted unanimously to adopt Resolution No. PC22-558 recommending the City Council approval of the Permit-Ready Accessory Dwelling Unit (ADU) plan designs and ADU Guidebook.

Permit-Ready ADU Plans
The Permit-Ready ADU Plans consist of a total of eight different floor plan options to choose from that range in size from the smallest being a 305 square-foot studio unit plan to the largest being an 1,100 square-foot, 3-bedroom plan. Each floor plan includes two architectural style options.

The plan and architectural style options are follows:
Two Studio Plans:
oStudio Plan 1 – 415 square feet (Craftsman and Spanish style options) oStudio Plan 2 – 305 square feet (Ranch and Tuscan style options) Two 1-Bedroom Plans:
o1 Bedroom/1 Bath Plan 1 – 720 square feet (Craftsman and Spanish style options) o1 Bedroom/1 Bath Plan 2 – 585 square feet (Ranch and Tuscan style options) Two 2-Bedroom Plans:
o2 Bedroom/2 Bath Plan 1 – 900 square feet (Craftsman and Spanish style options) o2 Bedroom/1 Bath Plan 2 – 780 square feet (Ranch and Tuscan style options) Two 3-Bedroom Plans:
o3 Bedroom/2 Bath Plan 1 – 1,100 square feet (Craftsman and Spanish style options)
o3 Bedroom/1 Bath Plan 2 – 990 square feet (Ranch and Tuscan style options) To provide added choice and flexibility among the options described above, each architectural style has a “base” option which includes minimum level of architectural detail for the architectural style depicted, and a “base plus option” with added porch and trellis features/components. With the “base plus” option, the additional porch and trellis elements will enhance the architectural character and livability of an ADU with shade features if a property owner desires such features beyond the basic unit. The goal of the plan options is to provide a wide variety of options to Menifee homeowners in a way that they can choose an option that best suits their property configuration, needs, and budget.

ADU Guidebook
In addition to the Permit-Ready ADU plans, the ADU Guidebook provides an informative “how-to” guide on ADUs and what can be anticipated for anyone interested in adding an ADU to their property. The Guidebook covers sections/topics related to the benefits of ADUs, Getting Started/Planning an ADU Project, Design Considerations, and Permit Process. The Guidebook also includes an overview of the Permit-Ready ADU Program and includes floor plans and 3-D renderings illustrating the architectural styles for all the ADU plan options that will be available to the public.

Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 3
Menifee Mayor and City Council March 2, 2022

City of Menifee Staff Report
Permit-Ready ADU Plans and Guidebook
March 2, 2022

8 6
7 Next Steps
Following the City Council’s review and approval, final Permit-Ready ADU construction plans would be completed, reviewed by the Building and Safety and Fire Departments, and revised as necessary to be fully code compliant. Staff anticipates this process to be complete in March/April to be available to the public in Spring, 2022. Plans would be promoted on the City’s website and in future publications of Menifee Matters.

As stated previously, the ADU plans are an option to the current available method of constructing an ADU. While plans would be fully code compliant (i.e., compliant with building structural, fire, electrical, mechanical, codes), the plans would include a standard site plan template sheet that will require a property owner to prepare and submit to the City a site/plot plan showing existing structures, proposed ADU, setbacks, utility information etc. and/or grading/drainage plan, as is necessary given each property’s unique configuration and circumstances.

Environmental Determination
The project is exempt from CEQA per Section 15061.b.3 “Common Sense Exemption” as the Permit-Ready ADU plans and the ADU Guidebook are informational tools to assist the public in obtaining permits for construction of an ADU in compliance with City requirements. As such, use of Permit-Ready ADU plans and the ADU Guidebook do not affect any City policy, regulation, or ordinance, and do not permit the construction of an ADU on any property within the City; therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.

Findings
Findings for approval of Permit-Ready ADU Plans are included in the resolution.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no additional fiscal impact resulting from the adoption of the proposed Resolution.

ATTACHMENTS

1. Resolution

2. Exhibit A - Permit-Ready ADU Plans and Guidebook
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 4
Menifee Mayor and City Council March 2, 2022

4 4
6 2
5 RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,

CALIFORNIA APPROVING THE CITY OF MENIFEE PERMIT-READY

ACCESSORY DWELLING UNIT PLANS AND ADU GUIDEBOOK FOR USE BY

THE PUBLIC IN OBTAINING PERMITS FOR CONSTRUCTION OF AN

ACCESSORY DWELLING UNIT PER CITY REQUIREMENTS
WHEREAS, With the recent adoption of the City’s 6th cycle, 2021-2029 Housing Element, and as part of the City of Menifee’s efforts to plan for housing needs of the community, the City is working on ways to accommodate a variety of housing in Menifee. One way is by offering Permit- Ready Accessory Dwelling Unit (ADU) plans to residents making it easier to build ADUs in Menifee; and
WHEREAS, in March of 2019, the State of California released a Notice of Funding Availability for the Senate Bill 2 (SB2) Planning Grants Program; and WHEREAS, SB2 was part of a 15-bill housing package aimed at addressing the State's housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California; and WHEREAS, in 2020, the City applied for and was awarded with SB2 funds for City projects and programs to streamline housing production, which included funding for the Permit-Read ADU plan program; and
WHEREAS, with SB2 Grant funds, the City contracted with an architectural firm, Design Path Studio, to prepare the pre-approved ADU plans and ADU Guidance Handbook; and WHEREAS, the SB2 Grant funded effort includes preparation of code compliant ADU construction plans that the City can promote and provide to property owners for their use in obtaining building permits to construct an ADU; and
WHEREAS, the Permit-Ready ADU plans are intended to incentivize, streamline, and minimize costs to homeowners wishing to build an ADU; and WHEREAS, the ADU Guidebook is intended to be a user-friendly guide for the public with information on how to successfully obtain permits for construction of an ADU; and WHEREAS, Design Path Studio has completed ADU designs, which have been presented to the community and from which, final construction drawings will be prepared; and WHEREAS, the Permit-Ready ADU plans consist of a total of eight different floor plan options that range in size from the smallest being a 305 square-foot studio unit plan to the largest being a 1,100 square-foot, 3-bedroom plan, with each floor plan having two architectural style options; and
WHEREAS, the Permit-Ready ADU plans provide a wide variety of plan options to Menifee homeowners in a way that they can choose an option that best suits their property configuration, needs, and budget; and

Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 5
Menifee Mayor and City Council March 2, 2022

4 4
6 2
5 WHEREAS, City Staff presented the ADU plan designs at a community meeting held on October 19, 2021; and
WHEREAS, over 50 people attended the October 19, 2021 community meeting resulting in substantial discussion following a presentation of the plans by the City’s consultant and significant interest from the community to utilize the Permit-Ready ADU plans; and

WHEREAS, the proposed Permit-Ready ADU plans and ADU Guidebook are informational tools to assist the public in obtaining permits for construction of an ADU in compliance with City requirements, and do not affect any City policy, regulation, or ordinance, and do not permit the construction of an ADU on any property within the City, they do not require legal public notice and a public hearing; and
WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, unanimously adopted Resolution No. PC 22-558 recommending that the City Council adopt a resolution approving the proposed Permit-Ready ADU plans and ADU Guidebook; and WHEREAS, on March 2, 2022, the City of Menifee City Council reviewed and discussed all materials in the staff report and accompanying documents to approve the Permit-Ready ADU Plans and ADU Guidebook; and
WHEREAS, the proposed Permit-Ready ADU plans and the ADU Guidebook are exempt from CEQA per Section 15061.b.3 “Common Sense Exemption” as the Permit-Ready ADU plans and the ADU Guidebook are informational tools to assist the public in obtaining permits for construction of an ADU in compliance with City requirements. As such, use of Permit-Ready ADU plans and the ADU Guidebook do not affect any City policy, regulation, or ordinance, and do not permit the construction of an ADU on any property within the City; therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.

NOW, THEREFORE, the City Council of the City of Menifee hereby approves the City of Menifee Permit-Ready ADU plans and ADU Guidebook, attached as Exhibit A of this Resolution, for use by the public for the purpose of obtaining building permits for construction of an ADU per City requirements.

Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 6
Menifee Mayor and City Council March 2, 2022

4 4
6 2
5 PASSED, APPROVED AND ADOPTED this 2ND day of March 2022.

Bill Zimmerman, Mayor
Approved as to form:

Jeffrey T. Melching, City Attorney
Attest:

Stephanie Roseen, Acting City Clerk
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 7
Menifee Mayor and City Council March 2, 2022

February 2022

CITY OF MENIFEE

ACCESSORY

DWELLING UNIT

GUIDEBOOK
+

PERMIT READY

ADU PLANS

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 8
Menifee Mayor and City Council March 2, 2022

Infill housing, including accessory dwelling units (ADUs), is a crucial element in the City’s plan to provide a diverse housing supply. The state and city have responded to the housing crisis by passing new laws and ordinances to encourage the construction of ADUs.

This catalog is a resource for residents interested in adding an ADU to their property. This Guidebook contains two parts: the first is an informational guide on the process of designing and building and ADU; and the second is dedicated to the Permit Ready ADU Program that offers a series of eight ADU building plan sets that residents can select from, at no cost, to build on their property.

Introduction

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 9
Menifee Mayor and City Council March 2, 2022

City Council
Mayor Bill Zimmerman
Mayor Pro Tem Dean Deines
Councilmember Bob Karwin
Councilmember Matthew Liesemeyer
Councilmember Lesa Sobek
Planning Commission
Commissioner Chris Thomas
Commissioner David White
Commissioner Jeff LaDue
Commissioner Benjamin Dieerich
Commissioner Randy Madrid
City Staff
Cheryl Kitzerow, Community Development Director
Orlando Hernandez, Planning Manager
Doug Darnell, Senior Planner
Kimberly Luna, Assistant Planner
Consultant | Design Path Studio
Yvonne St. Pierre, Architect
Geoffrey Plagemann, Planner
Acknowledgments

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 10
Menifee Mayor and City Council March 2, 2022

ADU Guidebook
Section 1: Benefits of ADUs ............................................. 5 Section 2: Getting Started ............................................. 6 Section 3: Designing Your ADU ............................................. 12 Section 4: Permit Process ............................................. 15 Permit Ready ADU Program
Introduction ............................................. 18

Craftsman | Spanish ............................................. 19 Ranch | Tuscan ............................................. 31

Appendix
Contacts + Resources + Code Information ............................................. 43 Contents

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 11
Menifee Mayor and City Council March 2, 2022

ACCESSORY DWELLING UNIT GUIDEBOOK
5 This first part of this Guidebook outlines the application and review procedures for obtaining a permit to create an ADU and provides a summary of key zoning and construction standards.

From providing housing for relatives to helping pay the mortgage, many Menifee homeowners are interested in adding accessory dwelling units (ADUs) to their homes. An accessory dwelling unit (ADU), also known as a “mother-in-law” or “granny flat,” is an attached part of a primary dwelling or detached stand-alone structure separate from the primary dwelling unit on the same lot as an existing dwelling where the lot is zoned for single-family or multifamily use.

An ADU provides complete independent living facilities for one or more persons. This includes permanent provisions for living, sleeping, eating, cooking, and sanitation, all on the same parcel as the primary, single-family dwelling. An ADU can be an efficiency unit, as defined in Section 17958.1 of Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

This Guidebook is a resource to help residents build an ADU. It provides an overview of the entire project, from getting started to pulling permits. The Guidebook provides useful information to reduce the uncertainty in what can feel like a complicated process.

People build ADUs for lots of reasons, but the most common are rental income and/or to house relatives. The concept of creating living space from unused portions of your property or home is not new. However, interest in ADUs has increased in recent years as they are a relatively affordable type of construction that does not require purchasing land or major new infrastructure.

Benefits of Building an ADU
ADU Guidebook - Section 1: Benefits of ADUs
ADUs
ADUs
ADUs
ADU
an
ADUs
an
ADU the
Menifee

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 12
Menifee Mayor and City Council March 2, 2022

ACCESSORY DWELLING UNIT GUIDEBOOK
6 Planning an ADU Project
ADUs come in many shapes and sizes but are always a self-contained unit that is smaller than the primary dwelling and legally part of the same property. ADUs always contain a kitchen, bathroom, and place to sleep. ADUs can range from efficiency studio units to 1200-square- foot units with multiple bedrooms. Interior conversions may include conversion of interior living space of a primary dwelling or conversion of a garage or other existing structure.

A junior accessory dwelling unit (JADU) is a residential dwelling unit that is no more than 500 square feet in area, contained entirely within an existing single-family residence, and can have separate sanitation facilities from, or shared sanitation facilities with, the existing residence.

A building permit is required to build any accessory dwelling unit.

Depending on the scope of work, your project will most likely also require electrical, plumbing, and/or mechanical permits. It is recommended that you visit the Planning and Building Departments to talk with staff about your project while in the planning stages. Staff can help you determine if an ADU is allowed on your property and to discuss zoning standards that are applicable to your project. They can also help answer questions about the building code and applicable construction standards, and utilities.

ADU Guidebook - Section 2: Getting Started

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 13
Menifee Mayor and City Council March 2, 2022

ACCESSORY DWELLING UNIT GUIDEBOOK
7 The City’s Permit Ready Accessory Dwelling Unit Program is envisioned to encourage the construction of ADUs by offering property owners a selection of pre-approved ADU building plans. By choosing one of these plans, the property owner can reduce pre- construction costs and permit review times.

Zoning and Design Standards
One ADU and one JADU are allowed on residentially zoned properties that have no more than one existing or proposed single-family residential dwelling. ADUs can be built as detached (stand-alone accessory structure) or attached units (addition to an existing residence), within an existing home or accessory structure, or as a garage conversion. The City’s ADU standards allow for a range of sizes, from efficiency studios up to 1,200 sf. The zoning of your property and the size of your existing lot and house are determining factors in how large of an ADU you can build.

One parking space for each new unit is required, however, no parking is required if the new ADU is within 1/2 mile of public transit, located within a historic district, or if the unit is created within an existing structure.

To help property owners, several relief standards were created as part of new state law. Setbacks for all ADUs are now four (4’) feet from the side and rear property lines, unless there are superceding environmental or fire codes.

DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS
Number of units Allow up to one ADU And one JADU per single-family lot Maximum unit size Detached: 1,200 sq. ft.

Attached:1,200 sq. ft. or 50% of the floor area of the primary residence, whichever is less
Parking One parking space required unless:
• Within ½ mile of “public transit” (train station and all bus stops) • Created within the area of an existing building
• In a historic district
Front-yard setback • Same as existing primary dwelling
• No additional setback shall be required for an existing garage that is converted to an ADU
Rear and Side-yard
setback
• Same as existing primary dwelling or 4 ft., whichever is less Lot coverage • Based on existing zoning
• 800 sf of ADU is allowed by-right
Height 16’ height allowed by-right or the height limit of the underlying zoning when not applying reduced ADU setbacks
Rental An ADU cannot be rented for periods of less than 30 days

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8 Types of Construction
Timber Frame
Timber frame, or stick-built construction, is the traditional method of home construction. This method is done on-site and relies on wooden posts, beams, studs, joists, and rafters for its basic construction.

Timber framed homes often leave a portion of the wood timber exposed as part of the design aesthetic, in addition to its structural purpose.

Modular
Modular construction relies on pieces of the house or ADU being fabricated off-site, and then being delivered to the building site. The prefabricated pieces are delivered to the site and placed into position, either by hand or with a crane.

Manufactured
Manufactured construction is a process where an entire house or ADU, or sections of them, are predominantly built and assembled in factories. The entire unit, or the sections, and then transported to the building site and assembled.

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9 Design Professionals
As you start the design process, one of your first considerations is what kind of professional you want to work with. Most homeowners choose to work with some type of design professional to to help throughout the design and permit review process. The City recommends the use of a licensed professional, such as an architect or engineer, however, property owners with design experience can choose to manage the design themselves.

Architect
Architects provide a range of design services including full-service from the initial concept to final construction. This can include coordinating with additional consultants such as structural engineers, surveyors, or any other project related subcontractors. Architects are professionally licensed by the state and have a degree in architecture and have passed a series of licensing exams. Architects are legally responsible for the work they design.

Engineer
Engineers are involved in the design, construction, maintenance and inspection of development projects. A licensed engineer is legally responsible for the work they design. Civil or structural engineers can help determine the proper site layout and structural design for development projects.

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10 Landscape Architect
Landscape architects design outdoor environments that connect our built environments to natural surroundings. This can include parks, gardens, hardscapes, and small structures. Landscape architects are professionally licensed by the state and have a degree in landscape architecture, have passed a series of licensing exams, and are legally responsible for the work they design.

Designer
Designers can come from varying backgrounds and skill sets, sometimes referred to as building designers or drafting services.

Most designers have a design-based education and work experience, and some are self-taught, but none are professionally licensed. The services designers provide are dependent upon the level of their experience in the design, engineering, and construction fields.

Surveyor
Land surveyors use exact locations to determine distances, directions, and angles between refereance points or important features on a property. A licensed surveyor can varify and establish boundaries, research land records, and prepare maps and reports for development projects.

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11 Design/Build
A design/build firm will design and construct your ADU. Design/build firms are usually headed by a licensed architect or contractor. There are no standards for design/build firms, so the level of services they provided vary depending on the skillset of the owner and staff. The staff is usually a collection of designers who provide design services for small scale projects.

Manufacturer
Modular and manufactured homes can be an efficient way of constructing your ADU. Manufacturers of these homes are monitored by the state of California, and a contractor is required for the on-site foundation work, utility hookups, and placement or assembly of the unit. Most manufacturers offer a variety of options for homeowners to customize their unit. This method of construction simplifies the design process and generally takes the least amount of time from conception to completion.

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12 ADUs provide many benefits for the owners, the municipality, and for prospective renters. When planning to build an ADU, there are many alternatives to consider. For the use of the ADU, it is helpful to think about your short-term needs and long-term goals. For the design of the ADU, a successful project will make considerations for the location, size, and aesthetic features of the unit.

Purpose
ADUs can be adapted in many ways to meet your living situation as it changes over time. These units provide flexible space for the owners as they can be used as rental properties, home offices, or guest rooms. The size of these units is conducive to multigenerational housing, and provides an affordable option for students, adult children, parents or grandparents, and caregivers. As rental units, ADUs help diversify the housing options within the existing community, and the rental income helps owners offset their housing costs.

Renting
Renting a second unit comes with many responsibilities. It is important to have an understanding of housing law, tenant/landlord responsibilities, and building maintenance which affect rental rates, changes of use, and who lives in the unit.

The City’s ADU/JADU standards require that all rental agreements for new units must have contracts of 30 days or longer, therefore, short- term vacation rental is not an option. Owners can choose, however, to live in their ADU and rent out the primary home.

ADU Guidebook - Section 3: Design Considerations

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13 Neighborhood and Site Context
Lot size, community character, and design guidelines need to be considered when designing an ADU. Every property has an underlying zoning designation, and almost every neighborhood has an established lot and building pattern. Design features such as architectural styles, windows and doors, roof lines, and front porches, and the materials that make up these features, should be considered for the ADU.

Determining your zoning, lot size, and property boundaries will help guide preliminary design decisions. A property survey will provide the boundaries, lot size, and other important information. The zoning maps, designations, and standards can be atttained from the City’s website
(see City Resources in Appendix) or by contacting the
Planning Department.

The size, or massing, of your ADU should compliment the primary residence and the surrouinding neighbors. The relationship, or spacing, between structures can create attractive courtyards, gardens, and private spaces. These landscape and hardscape features are also important elements that connect the ADU to the property and the neighborhood.

When an ADU is proposed in existing space, either through conversion of a garage or accessory structure, or within the house, or when an addition to an existing building is proposed, it may be helpful

EXAMPLE UNIT SIZES

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14 to make an initial visit to the Planning and
Building Departments. The visit provides
an opportunity to discuss the space,
design, and structural issues that may be
associated with the development of an
ADU. In order for staff to provide the best
information possible, simple site and floor
plan drawings are beneficial.

The proper location and size of your ADU,
along with the incorporation of specific
architectural and landscape elements into
the design, will ensure compatibility with
your primary home and neighborhood.

These considerations should be properly
represetnted within the construction
documents that will be submitted to
the City for review. Complete and
comprehensive applicaiton materials and
building plan sets will save time during the
plan check and permit process.

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15 Once the preliminary layout and design of your ADU is complte, a visit to City Hall is a beneficial next step towards construction. City Staff from the Planning, Building, Engineering, and Fire Departments are available to answer your questions regarding your property, building plans, or the construction process.

City Departments
The Planning Department can provide information about your property, including the zoning and lot size, which are critical in determining the type and size of ADU you can build. A Planner can also assist you with all of the other development standards that may influence the design of your ADU.

The Building Department will ultimately issue your permit to construct and occupy your ADU. City Staff can walk you through the permitting and inspection process, and provide you with a list of building codes and drawing requirements that you or your consultants will need to consider prior to applying.

The Engineering Department can help you with questions about property lines, right-of-ways, and utility and drainage easements.

Only a professional survey of your property can accurately determine where all of these boundaries lie, so it is recommended that one be conducted as part of your planning process.

ADU Guidebook - Section 4: Permit Process
ADU Application Checklist

1. One completed and signed appl ication form.

2. One cop y of the current legal description for the property involved, as recorded in the Office of the County Recorder. A copy of a grant deed of each property involved will suffice.

3. If an y of the properties involved do not a but a public street, a copy of appropriate documentation of legal access (e.g. recorded easement) for said property shall be provided.

4. Cop y of Exhibit “A” (Site Plan). The exhibit must also include the information described in the Accessory Dwelling Unit Matrix.

5. A cop y of building floor plans (Exhibit “C”) and elevations (Exhibit “B”) showing the proposed Accessory Unit building.

6. A minimum of thr ee (3) ground-level photographs (color prints) clearly showing the whole project site. Include a locational map identifying the position from which the photo was taken and the approximate area of coverage of each
photograph.

7. Applicable f ee.

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16 The Fire Department can answer questions regarding life safety issues such as requirements for fire sprinklers, required firewall ratings, building separation, and defensible space for wildfires.

The City has many residentiallly zoned lots that are not served by sewer and must rely on septic systems. This is common in the Quail Valley area and rural residential areas. New septic systems require approvals and permits from the County Department of Environmental Health and Building Department. New septic systems are not allowed in cretain areas of the City
(see Appendix for Quail Valley Septic
Moratorium).

Permit Application and Review
The submittal and review process is often quite complex and requires architecture and building technology knowledge and experience for a smooth review. The City’s Permit Ready ADU Plans Program (page 18) offers a selection of floor plans and styles that can be used by residents. Using one of these plans as provided will shorten the review process. Minor modifications to the plans are allowed, but may extend the review time.

All City applications are processed digitally and can be submitted on- line through the Menifee Permit Portal
(link in Appendix). On any plan
submittal, it is recommended that homeowners work with a licensed professional who can explain the requirements through each step of the permitting process.

In the application review phase, various departments will assess your project application to ensure that it meets all applicable regulations. Each department will provide review comments that may require changes to your application or design. The length of the entire process will depend on the completeness of the application, the number of reviews required, and how quickly the application is resubmitted between reviews. Most ADU applications are approved within one to three rounds of review.

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17 D R A F T
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18 Fees
Each ADU will require different fees and the amount will be dependent on your specific project. Typical fees include application fees, impact fees, water and sewer fees, and school fees. State ADU law has established several guidelines for fee assessment. The most prominent are that no school fees can be assessed on a unit smaller that 500 square feet, and no impact fees can be assessed on a unit of 750 square feet or less. In general, all fees will need to be paid prior to receiving a building permit.

Inspections
Your ADU will require a series of inspections to ensure that the project is being built in compliance with all building, fire, and zoning codes. Building Inspectors will check for code compliance, and assure that the ADU is being constructed according to the plans you submitted for the permits. The Planning Department may also do a final inspection to ensure that any special conditions on the project have been met. Additional inspections may also be conducted by other City Departments or agencies.

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ACCESSORY DWELLING UNIT GUIDEBOOK
19 The Menifee Permit Ready Accessory Dwelling Unit Plans Program provides is a series of eight, pre-reviewed, code-compiant ADU construction plans that can be attained online or from City Hall for free. The program helps the City meet strategic plan goals to create diverse housing options throughout the City by encouraging the construction of ADUs. Customizable options allow for a variety of exterior materials and door and window fenestrations to express individual owners’ tastes while respecting community character. These options reduce preconstruction fees for residents and shortens the review process for everyone.

The City selected the architecture and planning firm of Design Path Studio to prepare the Permit Ready ADU Plans and this ADU Guidebook. Design Path Studio was tasked with preparing floor plan options for a studio, a one-bedroom, a two-bedroom, and a three- bedroom option, with two floor plans for each option. Each set of floor plans provides two architectural styles with porch variations, and provides a checklist of options designed to make customizing the exterior easy for owners.

Residents can download digital copies of the full sets of plans from the City’s ADU webpage
(link in Appendix). Residents will need to
have a site plan prepared to submit along with their selected plan set and complete ADU application.

Permit Ready ADU Program
CRAFTSMAN STUDIO WITH PORCH + TRELLIS COMPONENTS
SP ANISH 2 BED/2BATH WITH TOWER COMPONENT

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20 BATHW/D

FLOOR PLAN - STUDIO
D
B
C

STUDIO AREA
23'-0"
18'-0"
6'-0"
5'-2"
A
415 sq ft CRAFTSMAN / SPANISH

TRELLIS COMPONENT

PORCH COMPONENT
STUDIO - PLAN 1 (415 sf)
Craftsman/Spanish - Base + Components

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21 BASE
PORCH + TRELLIS COMPONENTS
STUDIO - PLAN 1 (415 sf)
Craftsman - Base + Components

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22 BASE

PORCH COMPONENT
STUDIO - PLAN 1 (415 sf)
Spanish - Base + Components

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23 FLOOR PLAN - 1 BEDROOM/ 1 BATH

BATHW/DB
C
D
BEDROOM 1

KITCHEN
40'-0"
A

LIVING ROOM
18'-0"
6'-0"
5'-2"
720 sq ft CRAFTSMAN / SPANISH

TRELLIS COMPONENT

PORCH COMPONENT
1 BED/1 BATH - PLAN 1 (720 sf)
Craftsman/Spanish - Base + Components

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24 BASE
PORCH + TRELLIS COMPONENT
1 BED/1 BATH - PLAN 1 (720 sf)
Craftsman - Base + Components

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25 BASE

PORCH COMPONENT
1 BED/1 BATH - PLAN 1 (720 sf)
Spanish - Base + Components

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26 BATHW/D
FLOOR PLAN - 2 BEDROOM/ 2 BATH
BATH
B
C
D
BEDROOM 1BEDROOM 2

KITCHEN

LIVING ROOM
31'-0"
40'-0"
A
25'-6" 14'-6"
12'-11"
6'-0"
18'-0"
5'-2"
908 sq ft CRAFTSMAN / SPANISH

TRELLIS COMPONENT

PORCH COMPONENT
2 BED/2 BATH - PLAN 1 (900 sf)
Craftsman/Spanish - Base + Components

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27 BASE
PORCH + TRELLIS COMPONENTS
2 BED/2 BATH - PLAN 1 (900 sf)
Craftsman - Base + Components

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28 BASE

PORCH COMPONENT

TOWER COMPONENT
2 BED/2 BATH - PLAN 1 (900 sf)
Spanish - Base + Components

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29 BATHW/D BATH
FLOOR PLAN - 3 BEDROOM/ 2 BATH
C
DB
BEDROOM 1BEDROOM 2BEDROOM 3

KITCHEN

LIVING ROOM
1200 sq ft
31'-3"
45'-9"
44'-0"
14'-6"
26'-0"
6'-0"
A

CRAFTSMAN / SPANISH
18'-0"
5'-2"

TRELLIS COMPONENT

PORCH COMPONENT
3 BED/2 BATH - PLAN 1 (1100 sf)
Craftsman/Spanish - Base + Components

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30 BASE
PORCH + TRELLIS COMPONENTS
3 BED/2 BATH - PLAN 1 (1100 sf)
Craftsman - Base + Components

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31 BASE

PORCH COMPONENT

TOWER COMPONENT
3 BED/2 BATH - PLAN 1 (1100 sf)
Spanish - Base + Components

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32 FLOOR PLAN - STUDIO
W/D

FLOOR PLAN - STUDIO
BATH
PATIO
B
D
A
C

STUDIO AREA
17'-0"
18'-4"
305 sq ft RANCH / TUSCAN

PORCH COMPONENT
STUDIO - PLAN 2 (305 sf)
Ranch/Tuscan - Base + Components

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33 BASE

PORCH COMPONENT
STUDIO - PLAN 2 (305 sf)
Ranch - Base + Components

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34 BASE

PORCH COMPONENT
STUDIO - PLAN 2 (305 sf)
Tuscan - Base + Components

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 41
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35 FLOOR PLAN - 1 BEDROOM/ 1 BATH

W/D BATH
BEDROOM 1
B
D
A
C

KITCHEN

LIVING ROOM
17'-0"
34'-10"
PATIO
586 sq ft RANCH / TUSCAN

PORCH COMPONENTS
(SEE IMAGES)
1 BED/1 BATH - PLAN 2 (585 sf)
Ranch/Tuscan - Base + Components

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36 BASE

PORCH COMPONENTS
1 BED/1 BATH - PLAN 2 (585 sf)
Ranch - Base + Components

D R A F T
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37 BASE
TRELLIS + PORCH COMPONENT
1 BED/1 BATH - PLAN 2 (585 sf)
Tuscan - Base + Components

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 44
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38 W/D
FLOOR PLAN - 2 BEDROOM/ 1 BATH
BATH
BEDROOM 1
BEDROOM 2
B
D
C
A

KITCHEN

LIVING ROOM
17'-0"
46'-2"
780 sq ft RANCH / TUSCAN

PORCH COMPONENT
2 BED/1 BATH - PLAN 2 (780 sf)
Ranch/Tuscan - Base + Components

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 45
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39 BASE

PORCH COMPONENT
2 BED/1 BATH - PLAN 2 (780 sf)
Ranch - Base + Components

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40 BASE

PORCH COMPONENT
2 BED/1 BATH - PLAN 2 (780 sf)
Tuscan - Base + Components

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 47
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41 FLOOR PLAN - 3 BEDROOM/ 1 BATH
W/D
BATH
BEDROOM 1
BEDROOM 2
BEDROOM 3
B
D
A
C

KITCHEN

LIVING ROOM
990 sq.ft.
30'-6"
46'-2"

RANCH / TUSCAN
17'-0"

PORCH OR TRELLIS COMPO-
NENT
(SEE IMAGES)
3 BED/1 BATH - PLAN 2 (990 sf)
Ranch/Tuscan - Base + Components

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 48
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42 BASE

PORCH COMPONENT
3 BED/1 BATH - PLAN 2 (990 sf)
Ranch - Base + Components

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 49
Menifee Mayor and City Council March 2, 2022

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43 BASE

TRELLIS COMPONENT
3 BED/1 BATH - PLAN 2 (990 sf)
Tuscan - Base + Components

D R A F T
Item Title: 12.3 Permit-Ready Accessory Dwelling Unit Plans and Guidebook Item Page Number: 50
Menifee Mayor and City Council March 2, 2022

City Contacts
Planning
(951) 723-3741
email
Building
(951) 723-3779
email
Engineering
(951) 723-3719
email
Fire
(951)246-6215
email
Appendix
City Resources
Menifee Comprehensive Development Code
https://online.encodeplus.com/regs/menifee-ca/index.aspx Menifee Zoning Web Maps
https://cityofmenifee.us/147/City-Maps
Menifee ADU Zoning Standards
https://online.encodeplus.com/regs/menifee-ca/doc-viewer.aspx#secid-1445 Menifee Residential Zones Descriptions and Standards
https://online.encodeplus.com/regs/menifee-ca/doc-viewer.aspx#secid-1320 Menifee Residential Zones Descriptions and Standards
https://www.cityofmenifee.us/DocumentCenter/View/13659/Accessory-Dwelling-Unit Menifee Design Guidelines
https://www.cityofmenifee.us/DocumentCenter/View/10273/Design-Guidelines_FINAL-Feb-2020- Adopted-41520
Quail Valley Moratorium
www.cityofenifee.us/663/quail-valley-moratorium
Menifee Permit Portal
https://aca-prod.accela.com/MENIFEE/Default.aspx

D R A F T
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Appendix (cont.)
County and State Resources
Riverside County Planning Department: Map My County
https://gis1.countyofriverside.us/Html5Viewer/?viewer=MMC_Public Riverside County Assessor: Property Search
https://ca-riverside-acr.publicaccessnow.com/Search.aspx California Department of Housing and Community Development (HCD): Second Unit Resources
www.hcd.ca.gov/policy-research/AccessoryDwellingUnits.shtml Division of the State Architect
www.dgs.ca.gov/dsa/Home.aspx

California Building Standards Commission
www.bsc.ca.gov/Home.aspx
California Board for Professional Engineers and Land Surveyors www.bpelsg.ca.gov
California State Fire Marshal: Bulletin 17-001
http://osfm.fire.ca.gov/informationbulletin/pdf/2017/IB_17-001_ Accessory_Dwelling_Units.pdf
Contractors State License Board
www.cslb.ca.gov
California Energy Commission
www.energy.ca.gov
National Resources
American Institute of Architects (AIA)
www.aia.org
Building Industry Association (BIA)
www.biasandiego.org
International Code Council (ICC)
www.iccsafe.org

D R A F T
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