Cities Index.
Agenda packet, first session

Menifee City Council
August 17, 2022

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Agenda packet, first session
Meeting
August 17, 2022
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Menifee City Council
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69
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Menifee City Council has adopted the 2019/2020, 2021/2022, and 2022/2023 action plans and submitted to HUD.

Per the City’s citizen participation plan, a substantial amendment to an annual action plan is required when a “substantial” change is proposed, which includes:
•The addition of a new activity or priority; or
•A change in the nature of an activity, its location, or its target population; or •A change of more than 50 percent in the amount of funds allocated to an activity.

CDBG-CV (Coronavirus) Program
In direct response to the global coronavirus pandemic, $5 billion of the federal CARES Act funding enacted by Congress in March 2020, was directed through HUD identified as CDBG-CV (Coronavirus funds) to provide direct assistance to low moderate-income households.

On June 17, 2020, the City Council accepted the allocation of $307,232 in CDBG-CV1 funds and approved the proposed substantial amendment to the prior year 2019/20 annual action plan, incorporating recommended use of CDBG-CV funds to the following activities:
•Public Service Food Activities
•Small Business Grants
•Workforce Development Public Service Activities
•Administration Costs
On August 19, 2020, the City Council approved to replace previously allocated funds of $100,000 to the small business Grant Program from CDBG-CV1 funds to CARES Act Funds due to mandatory restrictions and requirements of the CDBG-CV program. The $100,000 originally assigned from CDBG-CV1 was reprogrammed to public services (food program and homeless services) and administrative costs.

On February 17, 2021, the City Council approved the proposed substantial amendment of $404,459 in CDBG-CV3 funds to the prior year 2019/20 annual action plan, incorporating recommended use of funds to the following activities listed in the following tables.

TABLE 1: CDBG-CV1 & CBBG-CV3 FUNDING HISTORY
CDBG-CV1 CDBG-CV3 Activity
Amount ($)
Public Services – Rental & Mortgage Assistance (RMAG)
(Acct 481-1920-57100)
$0 $254,459 $254,459
Public Services – Food Activity
(Acct 481-1920-57100)
162,754 50,000 212,754
Public Services – Computer Lab Program
(Acct 481-1920-57100)
50,000 50,000
Public Services – Homeless Outreach
(Acct 481-1920-57100)
33,032 33,032
Public Services – Boys & Girls Club 0 20,000 20,000
Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
CDBG Substantial Amendment to PY 2021/2022
August 17, 2022

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(Acct 481-1920-57100)
Additional Public Services (To be Determined)
(Acct 481-1920-57100)
0 70,000 70,000
Administration ((Maximum Allowance 20%, $142,338)
(Acct 481-1920-57110 & -57115)
61,446 10,000 71,446
Total $307,232 $404,459 $711,691
TABLE 2: Combined CDBG- CV Activities, Expenditures/Encumbered and Balance to Date (Including Previous Substantial Amendments)
Activity Total
Budget
Prior Year
Expenditur
es (thru
FY20/21)
FY2021/22
Expenditures
&
Encumbranc
es
Remainin
g Balance
Public Services – Rental &
Mortgage Program (RMAG)
(Acct 481-1920-57100)
$254,459 $0 ($196,778) $57,681
Public Services – Food Activity
(Acct 481-1920-57100)
212,754 (121,199) (12,794) 78,760
Public Services – Computer Lab
(Acct 481-1920-57100)
50,000 (30,823) 0 19,177
Public Services – Homeless
Outreach
(Acct 481-1920-57100)
33,032 (17,190) (15,842) 0
Public Services – Homeless
Outreach (Additional Funding
Administrative Amendment)
(Acct 481-1920-57100)
66,968 0 (15,699) 51,269
Public Services – Boys & Girls
Club
(Acct 481-1920-57100)
20,000 0 (20,000) 0
Additional Public Services
(To be Determined)
(Acct 481-1920-57100)
3,032 0 0 3,032
Administration
(Maximum Allowance 20%,
$142,338)
(Acct 481-1920-57110 & -57115)
71,446 (9,664) (20,095) 41,687
Total $711,691 ($178,877) ($281,208) $251,606
This substantial amendment to the 2019/2020, 2021/2022, and 2022/2023 action plans is necessary because the City is proposing to amend activities related to both the CDBG-CV funds allocated, and the regular CDBG Program.

A substantial amendment has been prepared reflecting the proposed reprogramming of Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 3
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
CDBG Substantial Amendment to PY 2021/2022
August 17, 2022

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$325,712 from projects/activities originally included as part of the 2019/2020, 2021/2022, and 2022/2023 annual action plans. Staff is recommending that the $325,712 be reprogrammed into the 2019/2020 and 2022/2023 annual actions projects/activities as outlined in Table 3 and 4 below.

TABLE 3: SUBSTANTIAL AMENDMENT TO FY19/20 CDBG-CV FUNDING TABLE 4: SUBSTANTIAL AMENDMENT TO FY22/23 CDBG FUNDING

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
There is no additional fiscal impact from the proposed substantial amendment(s). Reprogramming of funds would ensure timely expenditure of the grant funds. All expenditures related to CDBG, Program Year/
Activity Project
Prior
Budget
Additional
(Reprogrammed)
Budget
Total
Adjusted
Budget Change
2019/2020 CV Public Services –Rental
Mortgage Assistance (including Activity
Delivery Costs)
$254,459 $78,766 $333,225 Reprogrammed from
Food Activity
2019/2020 CV Public Services – Food
Activity
212,754 (78,766) 133,988 Reprogrammed to
RMAG
2019/2020 CV Public Services –
Homeless Outreach Services
100,000 $22,209 122,209 Re-program from
Additional PS & Lab
2019/2020 CV Public Services –
Additional Public Services (To Be
Determined)
3,032 (3,032) 0 Reprogrammed to
Homeless Outreach
2019/2020 CV Public Services –
Computer Lab
50,000 (19,177) 30,823 Reprogrammed to
Homeless Outreach
2019/2020 CV Public Services – Boys
& Girls Club
20,000 - 20,000
2019/2020 CV Administration 71,446 - 71,446
TOTAL $711,691 $711,691
Program Year/Activity Project
Prior
Budget
Additional
(Reprogrammed)
Budget
Total
Adjusted
Budget Change
NEW Activity 2022/2023 Romoland 3rd
Street Pedestrian and ADA
Improvements
$231,033 $224,737 $455,770 Reprogram unused
funds from prior years
2021/2022 Peacock Place Surface
Improvements
224,737 (224,737) 0 Project used other
source of funds
TOTAL $455,770 $455,770
Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 4
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
CDBG Substantial Amendment to PY 2021/2022
August 17, 2022

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and CDBG-CV adopted, and approved project/activities would come from HUD prior year 2019/2020, 2021/2022, and 2022/2023 CDBG and CDBG-CV allocations to the City of Menifee.

ATTACHMENTS

1. Substantial Amendment for 19/20, 21/22 & 22/23

2. Resolution

Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 5
Menifee Mayor and City Council
August 17, 2022
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SUBSTANTIAL AMENDMENT TO THE
2019/2020, 2021/2022 & 2022/2023 ANNUAL ACTION PLANS

A. EXECUTIVE SUMMARY
The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving Community Development Block Grant (CDBG) funds, such as the City of Menifee, to prepare and submit a Consolidated Plan every five years to establish a unified, strategic vision for economic development, housing and community development actions. The Consolidated Pl an encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities. The Menifee City Council adopted the 2017- 2021 Five Year Consolidated Plan on May 3, 2017 and its current Five Year Consolidated Plan on May 4, 2022.

The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. The City must submit an Annual Action Plan to HUD by no later than May 15 of each year during the five-year period.

Per the City’s Citizen Partic ipation Plan, a Substantial Amendment to an Annual Action Plan is required when a “substantial” change is proposed, which includes:
• The addition of a new activity or priority;
• A change in the nature of an activity, its location, or its target population; or • A change of more than 50 percent in the amount of funds allocated to an activity.

This Substantial A mendment to the 2019/2020, 2021/2022 & 2022/2023 Action Plan s is necessary because the City is proposing to add and delete activities described in Section C.

B. CITIZEN PARTICIPATION
A Notice of Public Hearing and a 30-day public review period were published in the Press Enterprise and La Prensa on July 18, 2022, informing the public of the proposed Substantial Amendment, and inviting comm ents at the public hearing. The public review period began on July 18 and ended on August 16 , 202 2. Citizens were able to review copies of the Draft Substantial Amendment at City Hall, Kay Ceniceros Senior Center, and on the City’s website at https://www.cityofmenifee.us/421/Programs-and-Grants. On August 17 , 2022, the Menifee City Council will be hearing public comments regarding the Substantial Amendment.

Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 6
Menifee Mayor and City Council
August 17, 2022
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C. CHANGES TO THE 2019/2020, 2021/2022 & 2022/2023 ANNUAL ACTION PLAN ACTIVITIES

FY19/20 CDBG-CV
Program Year/Activity
Project
Prior
Budget
Additional
(Reprogrammed)
Budget
Total Adjusted
Budget Change
2019/2020 CV Public
Services –Rental Mortgage
Assistance (including
Activity Delivery Costs)
$254,459 $78,766 $333,225
Reprogrammed
from
Food Activity
2019/2020 CV Public
Services – Food Activity $212,754 (78,766) $133,988
Reprogrammed
to
Rental
Mortgage
Assistance
2019/2020 CV Public
Services –Homeless
Outreach Services
$100,000 $22,209 $122,209
Reprogrammed
from
Food Activity
2019/2020 CV Public
Services – Additional
Public Services (To Be
Determined)
$3,032 ($3,032) $0
Reprogrammed
to Homeless
Outreach
2019/2020 CV Public
Services – Computer Lab $50,000 (19,177) $30,823
Reprogrammed
to Homeless
Outreach
2019/2020 CV Public
Services – Boys & Girls
Club
$20,000 - $20,000
2019/2020 CV
Administration $71,446 - $71,446
TOTAL $711,691 $711,691

FY22/23 CDBG
Program Year/Activity
Project
Prior
Budget
Additional
(Reprogrammed)
Budget
Total Adjusted
Budget Change
NEW Activity 2022/2023
Romoland 3rd Street $231,033 $224,737 $455,770 Reprogram unused funds
Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 7
Menifee Mayor and City Council
August 17, 2022
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Pg. 3

Pedestrian and ADA
Improvements
from prior
years
2021/2022 Peacock Place
Surface Improvements $224,737 ($224,737) $0
Project used
other
source of funds
TOTAL $455,770 $455,770

D. PUBLIC COMMENTS
All public comments received during the 30-day public review period or at the public hearing will be incorporated into the overall Substantial Amendment submitted to HUD.

Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 8
Menifee Mayor and City Council
August 17, 2022
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7 RESOLUTION NO. 22- _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2019/2020,
2021/2022 & 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLANS FOR COMMUNITY DEVELOPMENT
BLOCK GRANT & CORONAVIRUS (CDBG-CV) ACTIVITIES.

WHEREAS, the City of Menifee, as an entitlement jurisdiction, receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the City is required to develop an Annual Action Plan each year for submission for approval from the U.S. Department of Housing and Urban Development (HUD), which plans delineate funding allocations to CDBG/CDBG-CV sub-recipients and strategic priorities and the community needs assessment; and WHEREAS, the City of Menifee had previously approved budgets and Annual Action Plans for the program year 2019/2020, 2021/2022 and 2022/2023; and WHEREAS, the Code of Federal Regulations require that the City must amend its approved Annual Action Plan whenever it (a) changes its allocation priorities or method of distribution funds; (b) carries out an activity not previously described in the action plan; or (c) changes the purpose, scope, location, or beneficiaries of an activity; and WHEREAS, the City has complied with the Citizen Participation Plan for the City of Menifee, which requires that specified public hearings are held, notices are published, and the Annual Action Plan Substantial Amendment is made available for public review and comment.

NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENIFEE AS FOLLOWS:

Section 1: The Substantial Amendment to the 2019/2020, 2021/2022 & 2022/2023 Annual Action Plans, a copy of which is on file with the City Clerk of the City of Menifee, is approved.

Section 2: The City Manager, or designee, is hereby authorized and directed to take any actions and execute any documents as are necessary and appropriate to effectuate the intent of this Resolution, including, but not limited to, as serving as the Certifying Officer for all environmental review procedures associated with the various CDBG projects, and Certifying Officer for the purpose of signing correspondence, agreements and other required documents.

Section 3: This Resolution shall take effect upon the date of its adoption.

Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 9
Menifee Mayor and City Council
August 17, 2022
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7 PASSED, APPROVED, AND ADOPTED this 17th day of August 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST APPROVED AS TO FORM:
________________________ __________________________
Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 11.2
Community Development Block Grant Program Substantial Amendment Item Page Number: 10
Menifee Mayor and City Council
August 17, 2022
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CITY OF MENIFEE
SUBJECT: Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code
MEETING DATE: August 17, 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.Introduce an Ordinance approving Code Amendment No. LR22-0140, amending several chapters of the development code (Title 9 of the Menifee Municipal Code) to include minor technical corrections, clarifying language, amendments for General Plan consistency, and changes to parking requirements for industrial and warehouse/distribution facility uses.

DISCUSSION
Background
On December 1, 2009, the City Council adopted Ordinance 2009-66, which established Riverside County Zoning Ordinance No. 348 as the City’s zoning ordinance to be effective until such time when it is repealed, amended, or replaced by the City’s own ordinances adopted by the City Council.

On December 4, 2019, the City Council adopted Ordinance No. 2019-289, approving a Comprehensive Development Code Update ("CDCU") that established City of Menifee’s specific zoning regulations to replace County Ordinance No. 348. The goal was to create user-friendly regulations tailored to the City of Menifee that would effectively assist the City and applicants to achieve the vision, goals, and objectives of the 2013 General Plan, while establishing clear procedures for the review and processing of development projects in the City.

Since the adoption of the Development Code, the Community Development staff has had time to implement and apply the Development Code to the review of development proposals. In doing so, staff has identified areas of the Code where improvements are needed related to technical and grammatical corrections, amending language to simplify and provide more clarity, and for consistency with General Plan goals and policies. In some instances, certain standards have had unintended consequences that do not reasonably facilitate development as anticipated, and revisions to the standards are needed and appropriate.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
Page
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
August 17, 2022

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At the July 13, 2022, Planning Commission meeting, the Planning Commission voted unanimously to adopt Resolution No. PC22-566 recommending that the City Council adopt the proposed ordinance.

This proposed City initiated Development Code amendment is intended to be a general clean-up amendment to various chapters of the Development Code. While most of the proposed amendments are minor in nature, the most substantial amendments involve changes to requirements of Chapter 9.215 – Parking and Loading Standards as described below:

1. Industrial and Warehouse/Distribution Parking Requirements The City Council recently adopted Ordinance No. 2022-337 on March 16, 2022, amending the Development Code definitions of Manufacturing, Warehousing, Logistics/Distribution, and Fulfillment Centers, and adding a new definition for “Research and Development” to provide clear and up-to-date descriptions for each.

The City has experienced an increased interest in warehouse industrial development proposals within the Economic Development Corridor – North Gateway (EDC-NG) area with proposed warehouse development applications currently under review. As a result, staff has recently become aware that the City’s current Warehouse parking standard is one of the most restrictive among the jurisdictions in the region. Warehouse developers currently working with the City have also expressed concerns with the City’s current standard. To address this concern, staff researched the warehouse logistics/distribution parking standards of 26 other jurisdictions in the region to determine if a revision in the parking standard is needed and if so, how much of a reduction would be appropriate.

Through various project scenario calculations, staff proposes a reduced parking requirement based on a sliding scale like what is utilized in other jurisdictions and considered reasonable and appropriate for Menifee. For the initial 100,000 square feet, the requirement is 1 space per 1,000 square feet the same as the current requirement; however, for larger facilities above 100,000 square feet, the number of required spaces is reduced to 1 space per 1,500 square feet, and where over 500,000 square feet, the number of required spaces is further reduced to 1 space per 2,000 square feet of floor area. Parking at a ratio of 1 space per 300 square feet of office area is required in addition to the above.

Other amendments to the Industrial Parking standards include deletion of the “Manufacturing” use in Table 9.215.040-1 to be replaced with the “Research and Development” use since manufacturing is also covered in the “Industrial uses” category, which requires 1 space per 500 square feet of fabrication area (i.e., manufacturing). For the new Research and Development category, a parking requirement of 1 space per 300 square feet of gross floor area is proposed, which aligns with the commonly applied Research and Development use standard of other jurisdictions in the region.

Proposed amendments to the parking requirements for Industrial Uses section of Table

9.220.040-1 Parking Requirements are shown below on the following page:

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
Page
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
August 17, 2022

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Table 9.215.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or
Student
Other Criteria For Vehicle
Stacking
Industrial Uses
Industrial uses
1 space per 250 sq. ft. of
office area, PLUS 1 space
per 500 sq. ft. of fabrication
area, PLUS 1 space per
1,000 sq. ft. of storage area,
AND 1 space per 500 sq. ft.
of floor plan which is
uncommitted to any type of
use
Manufacturing or repair plants
maintaining more than 1 shift
of workers Research and
development
1 space per 2,000 sq. ft. of
gross floor area1 space per
300 sq. ft. of gross floor
area
Warehouse, Logistics, and
distribution facility used
exclusively for storage
1 space per 1,000 sq. ft. of
gross floor area of
warehouse, plus 1 space
per 300 sq. ft. office use 1
space per 1,000 sq. ft. of
gross floor area for the first
100,000 sq. ft.; 1 space per
1,500 sq. ft. for any
additional gross floor area
between 100,000 to
500,000 sq. ft.; 1 space per
2,000 sq. ft. of additional
gross floor area over
500,000 sq. ft.; plus 1 space
per 300 sq. ft. of office use
Fulfillment
center subject to
parking study
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 3
Menifee Mayor and City Council
August 17, 2022
Page
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
August 17, 2022

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2. Parking Conditions and Exceptions. To comply with State law, Section 9.215.040.A, Conditions and Exceptions is amended to add the following provision related to electric vehicle charging stations (EVCS):
“The total number of required parking spaces may be reduced by the amount necessary to accommodate electric vehicle charging stations (EVCS), if the EVCS and associated equipment interferes with, reduces, eliminates, or in any way impacts the required parking spaces for existing uses (for additional EVCS provisions, see Section 9.220.100 Electric/Alternative Fuel Vehicle Parking).”

3. Alternative Programs for Parking
Section 9.215.07 - Alternative Programs for Parking is amended to add four alternative programs for parking that offer limited reductions in minimum parking requirements as an incentive to developers that go above and beyond the minimum requirements in other areas as follows:
•Commercial and industrial projects that provide roadway improvements and/or dedications above and beyond those required by code may be eligible for up to a 5 percent reduction in required parking.

•Developments involving lot consolidation and the elimination of existing legal non- conforming uses, structures, and properties involving a minimum of 5 gross acres may be eligible for up to a 5 percent reduction in required parking. •Commercial and industrial development providing solar photovoltaic (PV) system or acquiring renewable energy from a local utility sufficient to power 100 percent of the facility may be eligible for up to a 5 percent reduction in required parking. •Industrial developments that provide additional front yard landscaping beyond the first 25 feet may be eligible for reductions in required parking as follows:
o1 percent for additional 5 feet
o2 percent for additional 10 feet
o5 percent for additional 15 feet
For use of multiple programs, parking reductions may be combined for maximum reduction of 15 percent total. These added programs will provide greater options and flexibility in parking required for larger industrial and commercial development where a substantial number of parking stalls would be required.

In addition to the above, below is a summary of all Zoning Code Chapters being amended and a brief description of amendments for each Chapter:
•Chapter 9.15 Nonconforming Uses and Structures
oMinor technical corrections changing “Building Inspector” and “Tax Assessor” references to “Community Development Director.”
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 4
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
August 17, 2022

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•Chapter 9.30 Common Application Processing Procedures
o Minor technical corrections to insert text “such as”; and replacing reference to “original approving authority” with more specific reference to the “Planning Commission” to provide more clarity.
•Chapter 9.105 Temporary Use Permit
oCorrected spelling of the word “accommodate”, and grammatical fix to remove the duplicate word “sales.”
•Chapter 9.135 Commercial and Industrial Zones
oInsert text “Chapter 9.240 (Motor Vehicle and Related Uses)” to Table 9.135.030- 1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements. oRelated to street setbacks, a footnote was added to Table 9.135.040-1 Commercial and Industrial Zones – Development Standards for Developments within Planning Shopping Centers for Industrial Parks, to clarify roadway classifications consistent with the General Plan Circulation Element. •Chapter 9.140 Economic Development Corridor Zones
oMinor General Plan consistency amendment related to remove references to residential percentages of the General Plan.
•Chapter 9.165 Accessory Structures
oTable 9.165.030.1 Accessory Structures Setbacks is amended to change the Accessory Dwelling Unit side and rear yard setbacks to 4 feet consistent with State law, which limits the side and rear setback a local jurisdiction can require for an ADU to 4 feet. Footnotes are added to the table to clarify the setbacks for corner (street) side yards and to reference Chapter 9.295 Special Housing Types and

9.35 Accessory Dwelling Units for additional requirements for ADUs. oMinor technical correction to remove “subsection” and insert text “Section A.3” and “of” to provide more clarity.

•Chapter 9.185 Fences, Walls, and Screening
oMinor technical correction to the Agricultural Zone abbreviation from “(A)” to “(AG).” oFigure 9.185.040-1 Fence Height by Location (applicable to all Residential Zones) is revised to show that a maximum 6-foot-high fence is allowed in a corner/street side yard provided that a minimum 5-foot-wide landscape planter area is provided between the back of sidewalk and the fence. In addition, Table 9.185.040-1 Wall/Fence Maximum Height Standards by Zone is updated to add fence height requirements for Corner/Street Side setback condition.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 5
Menifee Mayor and City Council
August 17, 2022
Page
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
August 17, 2022

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•Chapter 9.190 Hillside Development Standards
oMinor technical correction to insert “but not limited to these areas” to clarify the Hillside Development Standard may be applicable to other zones besides Rural Mountainous (RM) and Rural Residential 5-acre minimum (RR5). oMinor technical correction to remove the following text “restrictive” and “previously” to provide more clarity.
oMinor technical corrections to reference the “Community Development Director” and correct the spelling for the word “Maximum.”
oCorrected Table 9.190.060-1 - Maximum Steep Slope Encroachment, to clarify percentage ranges for percentage of a lot in steep slope lands. •Chapter 9.195 Landscaping Standards
oCorrected spelling of the word “landscaping.”
oProvided clarity and referenced the “Community Development Director” rather than the approval authority. Added text to reference Chapter 9.185 (Fences, Walls, and Screening).
oClarified the required percentage parking lot shade trees based on number of parking stalls within a parking lot and clarified the planter width and length requirement to specify that the required 12-inch-wide concrete step-out is required in addition to the 5-foot planter width, and that the planter length shall be the same as the adjacent parking space.
•Chapter 9.215 Parking and Loading Standards
oSee amendment description for Industrial and Warehouse/Distribution Parking Requirements, Parking Conditions and Exceptions, and Alternative Programs for Parking previously discussed above.
•Chapter 9.220 Sign Regulations
oAdded “Can Signs” to Section 9.220.040 Prohibited Signs and removed the text prohibited Can Signs from Section 9.220.130 Permanent On-Site Standards. oRemoved the timeframes for processing sign applications. oInserted footnote number 3 and 4 to multi-tenant office establishments under Table

9.220.130-1 Signage Standards for Permanent On-Site Signs. •Chapter 9.235 Animal Keeping
oMinor grammatical corrections to language and corrected the table reference from

9.285.030-1 to 9.235.030-1. Added language “see Section C below” to Table

9.235.030-1 for more clarity.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 6
Menifee Mayor and City Council
August 17, 2022
Page
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
August 17, 2022

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•Chapter 9.240 Motor Vehicle and Related Uses
oSimplify text related to car washes for conciseness.
•Chapter 9.260 Outdoor Sales, Display and Dining
oMinor clarification to outdoor merchandise display requirements – “A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet wide is maintained.”
•Chapter 9.280 Recycling Facilities
oRevise text to clarify the locational requirement – “recycling facilities to be located at least 150 feet from properties zoned for or occupied by a residential use.” •Chapter 9.290 Wireless Communication Facilities
oMinor grammatical clean-up, removing the word “the.”
•Chapter 9.300 Universal Definitions
oAdded a definition for “Can Sign” and revised the definition of “Industrial” to be inclusive of storage.

In conclusion, none of the proposed amendments involve any changes in zoning, or any changes to allowed uses, or density and intensities allowed within any zone. The proposed Development Code amendments (i.e., Code clean-up items) include technical and grammatical corrections, amended language to simplify and provide more clarity to certain provisions, provide consistency with the General Plan, and amend standards as needed to facilitate development in an appropriate manner as needed to implement the Development Code reasonably and effectively in support of the goals and policies of the City’s General Plan.

Environmental Determination
Staff has reviewed the proposed Municipal Code Amendment in accordance with the California Environmental Quality Act (CEQA) Guidelines and has determined that the code amendment is exempt pursuant to Section 15061 (b) (3) “Common Sense Exemption” of the CEQA Guidelines, as the proposed Code Amendment is a clean-up amendment to the Development Code that consists of minor technical corrections, clarifying language, amendments for General Plan consistency, and changes to parking requirements for industrial and warehouse/distribution facility uses where it can be seen with certainty that there is no possibility that the proposed amendments will have a significant impact on the environment.

Public Notice
The proposed project was noticed on August 5, 2022, for the August 17, 2022, City Council hearing. The public notices were published within The Press Enterprise. Notices were also mailed to anyone requesting a notice.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
Item Title: 11.3
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
August 17, 2022

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

ATTACHMENTS

1. Ordinance – Code Amendment LR22-0140

2. Ordinance Exhibit A
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 8
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9 ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CODE AMENDMENT LR22-0140, AMENDING THE DEVELOPMENT CODE (TITLE 9 OF THE MENIFEE MUNICIPAL CODE),

CONSISTING OF CLEAN-UP AMENDMENTS TO SEVERAL CHAPTERS OF

THE DEVELOPMENT CODE, MINOR TECHNICAL CORRECTIONS,

CLARIFYING LANGUAGE, AMENDMENTS FOR GENERAL PLAN

CONSISTENCY, AND CHANGES TO INDUSTRIAL PARKING
REQUIREMENTS.

WHEREAS, on December 1, 2009, the City Council adopted Ordinance 2009-66, which established Riverside County Zoning Ordinance 348 as the City’s Zoning Ordinance to be effective until such time when it is repealed, amended, or replaced by the City’s own ordinances adopted by the City Council; and
WHEREAS, on December 4, 2019, the City Council adopted Ordinance No. 2019-289 approving a Comprehensive Development Code Update ("CDCU") that established City of Menifee-specific zoning regulations to replace County Ordinance 348, also known as the Development Code (“Code”); and
WHEREAS, since adoption of the Code, staff has implemented and identified areas of the Code where improvements are needed related to technical and grammatical corrections, amending language to simplify and provide more clarity, and for consistency with General Plan goals and policies; and
WHEREAS, certain standards have had unintended consequences that do not reasonably facilitate development as anticipated, and revisions to the standards are needed and appropriate; and
WHEREAS, on May 19, 2022, the City of Menifee initiated an application for a Code Amendment No. LR 22-0140 to amend Title 9 (Zoning Ordinance); and WHEREAS, this proposed Code Amendment No. LR 22-0140 consists of Code clean-up amendments that include technical and grammatical corrections, amended language to simplify and provide more clarity to certain provisions, to provide consistency with the General Plan, comply with State law, and amend standards as needed to facilitate development in an appropriate manner as needed to implement the Code reasonably and effectively in support of the Goals and Policies of the City’s General Plan; and
WHEREAS, the most substantial amendments involve changes to requirements of Chapter 9.215 – Parking and Loading Standards related to parking requirements for Industrial uses, Parking Conditions and Exceptions, and Alternative Programs for Parking; and WHEREAS, on June 23, 2022, the Riverside County Airport Land Use Commission (ALUC) Director found Code Amendment No. LR 22-0140 consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan and the 2010/2011 Perris Valley Airport Land Use Compatibility Plan; and
Item Title: 11.3
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9 WHEREAS, Code Amendment No. LR22-0140 was publicly noticed for a Planning Commission public hearing to be held on July 13, 2022, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on July 13, 2022, the City of Menifee Planning Commission, held a public hearing on Code Amendment No. LR22-0140, considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR22-0140; and
WHEREAS, on July 13, 2022, the City of Menifee Planning Commission, unanimously adopted Resolution No. PC22-566 recommending that the City Council approve Code Amendment No. LR22-0140; and
WHEREAS, Code Amendment No. LR22-0140 was publicly noticed for a City Council public hearing to be held on August 17, 2022, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on August 17, 2022, the City of Menifee City Council, held a public hearing on Code Amendment No. LR22-0140, considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR22-0140.

NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows:

SECTION 1. Sections 9.15.040, 9.15.070, 9.30.120, 9.105.020, 9.105.160, 9.135.030,

9.135.040, 9.140.030, 9.140.050, 9.165.030, 9.165.050, 9.185.040, 9.190.020, 9.190.030,

9.190.050, 9.190.060, 9.195.030, 9.195.040, 9.215.040, 9.215.070, 9.220.040, 9.220.060,

9.220.130, 9.235.010, 9.235.020, 9.235.050, 9.240.110, 9.260.040, 9.280.040, 9.290.060,

9.300.040, and 9.300.100 of the Menifee Development Code are amended pursuant to Code Amendment No. LR22-0140 as shown in Exhibit “A” attached hereto. Deletions are shown via strikethrough and additions are shown via underline.

SECTION 2. All ordinances, resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.

SECTION 3. The proposed Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.

The proposed Zoning Code Amendment consists of Code clean-up amendments that include technical and grammatical corrections, amended language to simplify and provide more clarity to certain provisions, provide consistency with the General Plan, State law, and amend standards as needed to facilitate development in an appropriate manner as needed to implement the Development Code reasonably and effectively, and are consistent with the intent of the following goals and policies of the General Plan:
•LU-1.9: Allow for flexible development standards provided that potential benefits and merit of projects can be balanced with potential impacts.

Item Title: 11.3
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9 •CD-5.3: Consider shared parking and reduced parking standards in areas designated as Economic Development Corridor.

SECTION 4. The proposed Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

The proposed amendments to the Zoning and Development Code prescribes reasonable controls and standards to ensure compatibility with other established uses as none of the proposed amendments involve any changes in zoning, or any changes to allowed uses, or density and intensities allowed within any zone. The proposal consists of Code clean-up amendments that include technical and grammatical corrections, amended language to simplify and provide more clarity to certain provisions, provide consistency with the General Plan, comply with State law, and amend standards as needed to facilitate development in an appropriate manner as needed to implement the Development Code reasonably and effectively.

SECTION 5. The proposed Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

The proposed amendments to the Zoning and Development Code will provide reasonable property development rights while protecting environmentally sensitive land uses and species as it consists of Code clean-up amendments that include technical and grammatical corrections, amended language to simplify and provide more clarity to certain provisions, provide consistency with the General Plan, comply with State law, and amend standards as needed to facilitate development in an appropriate manner as needed to implement the Development Code reasonably and effectively.

SECTION 6.The proposed Development Code Amendment ensures the protection of the general health, safety, and welfare of the community.

The proposed amendment will not result in conditions detrimental to the public health, safety, or general welfare as designed and conditioned as none of the proposed amendments involve any changes in zoning, or any changes to allowed uses, or density and intensities allowed within any zone. The proposal consists of Code clean-up amendments that include technical and grammatical corrections, amended language to simplify and provide more clarity to certain provisions, provide consistency with the General Plan, comply with State law, and amend standards as needed to facilitate development in an appropriate manner as needed to implement the Development Code reasonably and effectively.

Therefore, the modification would not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the impacted vicinity.

SECTION 7. Compliance with CEQA. The proposed Development Code Amendment is in compliance with the requirements of the California Environmental Quality Act.

The proposed Development Code Amendment LR 22-0140 is exempt pursuant to Section 15061 (b) (3) “Common Sense Exemption” of the CEQA Guidelines, as it is a clean-up amendment to the Development Code that consists of minor technical corrections, clarifying language, amendments for General Plan consistency, and changes to parking requirements for Industrial and Warehouse/Distribution Facility uses where it can be seen with certainty that there is no possibility that the proposed amendments will have a significant impact on the environment.

Item Title: 11.3
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9 SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Menifee hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub- divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.

SECTION 9. This ordinance shall take effect 30 days from the date of its adoption.

SECTION 10. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933.

This Ordinance was introduced for first reading on August 17, 2022, and PASSED, APPROVED, AND ADOPTED this ___ day of _________________ 2022.

Bill Zimmerman, Mayor
Approved as to form:

Jeffrey T. Melching, City Attorney
Attest:

Stephanie Roseen, Acting City Clerk
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 12
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 1, Page 9.15-1
EXHIBIT “A”
Chapter 9.15 Nonconforming Uses and Structures

9.15.040 Nonconforming Use of Structures

Nonconforming use of a structure may be continued, provided that:

A.Relocation or Enlargement.

1. Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of any structure than occupied by such use at the time of the adoption of this Title, except as authorized in Section 9.15.040.A.3 below.

2. A structure which contains a nonconforming use shall not be placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Title, except when authorized by approval of a Conditional Use Permit if the approving authority finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses.

3. A structure, or portion thereof, which contains a nonconforming use shall not be enlarged, nor shall any external evidence of such use be increased by any means whatsoever, except that when authorized by approval of a building permit, a structure containing a nonconforming use, and such nonconforming use, may be enlarged or extended to an extent not exceeding 25% of the floor area of the structure devoted to such nonconforming use.

4. The enlargement or extension of a structure permitted by this section shall comply with all requirements of the applicable zone, as well as any additional conditions or more restrictive development standards that the approval authority determines are necessary in order to protect adjacent residential development.

B.Discontinuation or Replacement.

1. If such nonconforming use of a structure ceases for any reason for a continuous period of one year or more, except as provided in Section 9.15.040.E (Restoration of Nonconforming Uses in Damaged Structures), or is changed to a conforming use, any future use of such structure shall be in conformity with all provisions of this Title.

2. If the structure in or on which a nonconforming use is conducted or maintained is moved any distance for any reason, except as provided in Section 9.15.040.A.1, then any future use of such structure shall be in conformity with all provisions of this Title.

3. Such nonconforming use may be reestablished, repaired, or replaced upon the determination that without reestablishment, repair, or replacement, there are no economically viable uses available to a property owner that are consistent with the then-existing land use designations and regulations.

C.Alteration. Except in the case of relocation as provided for in Section 9.15.040.A (Relocation or Enlargement), such structure containing a nonconforming use shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as is required to keep said structure in safe condition, subject to a determination of the Building Official and/or Fire Marshall.

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Menifee, CA | Development Code Article 1, Page 9.15-2
D.Change Only to a Conforming Use. A nonconforming use of a structure may be changed only to a conforming use. Any part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.

E.Restoration of Nonconforming Uses in Damaged Structures. The nonconforming use of any structure which is destroyed or damaged by fire, explosion or other natural calamity, or the public enemy may be continued upon the reconstruction of said structure, provided that, except as otherwise permitted by Section 9.15.040.A (Relocation or Enlargement) herein, said nonconforming use shall not be enlarged or expanded and the resumption of said nonconforming use takes place within 18 months of the time of its interruption, which period may be extended by the Community Development Director Building Inspector for a maximum of 12 months for good cause.

9.15.070 Reconstruction of Damaged Nonconforming Structures

A.Reconstruction Must Conform. If any nonconforming structure is damaged by fire, explosion or other natural calamity, or the public enemy to an extent of 50% or greater of the replacement cost of the entire structure as determined by an estimate prepared by a qualified professional acceptable to the Community Development Director Tax Assessor after any necessary consultation with the Building Official, it shall not thereafter be repaired, reconstructed or used except in conformity with the provisions of this Title.

B.Reconstruction Requires Approval. The reconstruction of all nonconforming structures shall be subject to Plot Plan approval per Chapter 9.80 and all findings and requirements thereof except as otherwise expressly allowed or modified by this section. The approving authority shall determine the degree to which such nonconforming structures shall be required to conform with the requirements of this Title. The approving authority shall consider the extent of the nonconformity, the value of the original structure, the relationship of neighboring properties, conformity with the General Plan, the proposed reconstruction and any other consideration it deems appropriate.

C.Exception for Multifamily Dwellings. In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this subsection shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property.

D.Exception for Single-Family Residential Dwellings. The restoration and reconstruction restriction in this subsection shall not apply to any single-family dwelling or mobile/manufactured home which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this subsection shall not apply to any single-family dwelling or mobile/manufactured home which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 14
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August 17, 2022
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MENIFEE, CA

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Menifee, CA | Development Code Article 2, Page 9.30-1
Chapter 9.30 Common Application Processing Procedures

9.30.120 Modifications to Previously Approved Permits

A.Applicability. Any person holding a permit granted under this Title may request a modification to that permit. For the purpose of this section, the modification of a previously approved permit may include amendment of the terms of the permit itself, amendment to project design, or the waiver or alteration of conditions imposed in the granting of the permit.

B.Request for Modification. An applicant may request a modification to a permit after the effective date of the permit. An application shall be made on forms provided by the Community Development Department and shall be accompanied by the applicable fee.

C.Review Process. A modification may be granted only when the designated approving authority makes all findings required for the original approval. The designated approving authority for a modification to a previously approved permit shall be determined as follows:

1.Minor Modification. Minor modifications to a previously approved permit shall be processed as follows:
a. Applicability. A minor modification is a non-substantive change of a previously approved permit. Minor modifications include:
i. Structural additions to non-residential projects of more than 200 square feet and less than 2,500 square feet or 50 percent of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures. ii. Structural additions or alterations to existing residential projects that add no more than six units.
iii. Expansion of existing parking lots that add less than 25 parking spaces on an existing site.
iv. Modifications to parking and circulation configurations which change the basic parking areas or circulation patterns or which reduce the number of parking spaces. v. Landscape modifications which alter the general concept or reduce the effective amount of landscaping.
vi. Architectural or exterior material or color changes which change the basic form and theme of an existing building, such as, change the location of windows or doors, or conflict with the original architectural form and theme of an existing building. vii. Adjustments to the standards of development established through an approved Planned Development.
viii. Other requests similar to the above-listed minor amendments, as determined by the Director.
b. Review Process. The Director is the designated approval authority for minor modifications. No public hearing shall be required. A written notice of decision shall be issued in the same manner as the original permit. Minor modifications of discretionary permits may be appealed.

2.Major Modifications. Major modifications to a previously approved permit shall be processed as follows:

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a. Applicability. A major modification is a substantive change of a previously approved permit. Major modifications include:
i. Structural additions to non-residential projects of equal to or greater than 2,500 square feet or 50% of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures.
ii. Structural additions or alterations to existing residential projects that add more than six units.
iii. Expansion of existing parking lots that add 25 parking spaces or more on any existing site.
iv. A modification in the approved access to the project site. v. Changes in the allowed uses established for an approved Planned Development. vi. Other requests similar to the above-listed major amendments, as determined by the Director.
b. Review Process. The Planning Commission The original approving authority shall be the designated approving authority for major modifications. Where entitlements were processed concurrently, the designated approving authority shall be the specified approving authority in accordance with Table 9.30.090-1 (Designated Authority for Permits and Approvals) for the permit or approval subject to the request for major modification. A major modification shall be processed in the same manner and subject to the same standards as the original application. Major modifications of discretionary permits may be appealed.

D.Permit Expiration. Granting of a modification to a previously approved permit does not extend the permit expiration date. A permit extension must be reviewed and approved in accordance with the provisions of Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

Item Title: 11.3
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DEVELOPMENT CODE
Menifee, CA | Development Code Article 2, Page 9.105-1 Chapter 9.105 Temporary Use Permit

9.105.020 Applicability

A.Temporary Use Permit Required. A Temporary Use Permit is required prior to establishment of any temporary use as identified in Chapter 9.115 (Temporary Uses) or as otherwise required by this Title.

B.Level of Temporary Use Permit Required. The following applicability thresholds shall be used to determine if the proposed project shall require a Minor Temporary Use Permit or a Major Temporary Use Permit.

1.Minor Temporary Use Permit. A Minor Temporary Use Permit shall be required for temporary uses meeting all the following criteria:
a. The temporary use does not impact surrounding properties, as determined by the Director. Examples include, but are not limited to the following:
i. Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales; ii. Flower sales (non-mobile), vendor stands (non-mobile), seasonal sales of agricultural products for limited periods of time, which, at no time, may be conducted in the public right-of-way;
iii. Special lighting exhibits including spotlights, and specifically including holiday lighting displays;
iv. Veterinary vaccination clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer);
v. Garage or yard sales conducted at the same residential location more than four times per year;
vi. Car shows;
vii. Private events including weddings, picnics or block parties to which 100 people are invited and/or which would not require public road closures or significantly impact traffic on adjacent public roadways;
viii. Live entertainment at a restaurant or bar no more than four times per year. b. The temporary use is exempt from CEQA.

2.Major Temporary Use Permit. A Major Temporary Use Permit shall be required for temporary uses meeting any of the following criteria:
a. The temporary use does impact surrounding properties, as determined by the Director.

Examples include, but are not limited to the following:
i. Temporary construction offices in all zones, except the open space and conservation zone;
ii. Outdoor temporary swap meets or auctions;
iii. Christmas tree sales lots and associated jolly jumps, food sales and on-site banners and other signage;
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Menifee, CA | Development Code Article 2, Page 9.105-2 iv. Pumpkin sales lots and associated jolly jumps, food sales and site banners and other signage;
v. Farmer’s markets held on one day per week in the same location for a total period of time not exceeding one year
vi. Private events including weddings, picnics or block parties to which more than 100 people are invited and/or which would require public road closures or significantly impact traffic on adjacent public roadways;
vii. Special outdoor events, when not held within premises designed to accomodateaccommodate the events, including carnivals, circuses, fairs, parades, rodeos, and large athletic, religious, or entertainment events. b. The temporary use is not exempt from CEQA.

C.Exempt Uses. The following uses are exempt from the requirements of this chapter:

1. Going out of business sales with no additional merchandise and normal promotional activities conducted within the approved display area for the business.

2. Commercial filming regulated by other provisions of this Municipal Code.

3. City, state, federal, school district, community college district or other public agencies’ event when conducted wholly on that agency’s public property or with the consent of another public property owner and which will not require public road closures or significantly impact traffic on adjacent public streets.

4. Homeowners’ association events conducted wholly in common areas within the boundaries of the association and which do not impact public streets or other public facilities.

5. Small scale events (art shows, holiday events), sponsored and sanctioned by the Master Property Association or Property Manager for Regional Shopping Centers which are 20 acres or larger located within the CR - Commercial Retail or EDC - Economic Development Corridor zones, shall be exempt from the TUP process provided the entire event occurs on managed or owned properties and are not anticipated to impact parking, circulation/access, surrounding properties or generate significant traffic.

6. Temporary emergency facilities to accommodate emergency public health and safety needs and activities.

7. Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity.

8. Mobile food truck operations at construction sites that are actively under construction pursuant to a valid building permit or grading permit where the mobile food truck does not vend to the general public during the stop.

D.Other Temporary Uses. For temporary uses that are not identified in this Title, the Community Development Director, at his or her discretion, may determine whether the use should be classified as a minor temporary use or a major temporary use. This determination shall be based upon the similarities and differences with temporary uses and related standards of this Chapter and consideration of the proposed temporary use’s compatibility with the applicable zone and surrounding land uses. Those temporary uses which do not fit within the criteria for minor temporary or major temporary uses shall be addressed through a Plot Plan, Conditional Use Permit or other type of permit or approval identified in this Title, as determined by the Director. A Item Title: 11.3
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Menifee, CA | Development Code Article 2, Page 9.105-3 temporary use which will exceed the length of one calendar year (even when sporadic) requires other types of land use approvals as determined by the Community Development Director.

9.105.160 Standards of Approval – Standards by Activity/Use

The following standards shall apply to the specified temporary activity or use:

A. Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales, that exceed existing land use restrictions shall comply with the following provisions:

1. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business.

2. The maximum number of consecutive days for any one event shall not exceed nine calendar days.

3. Setup and takedown of canopies, lighting, fencing, merchandise and/or items for the event shall not be counted toward the allowable event days per event, except that setup shall not exceed 36 hours and takedown shall not exceed 36 hours unless otherwise authorized by the Community Development Director.

B. Outdoor temporary swap meets or auctions shall be limited to no more often than twice per calendar year on the same property and shall not exceed three consecutive days per event.

C. Christmas tree sales shall only be held from November 1 through December 31.

D. Pumpkin sales sales shall only be held from September 15 through November 2.

E. Vendor stands (non-mobile) shall be limited to the seasonal sale of agricultural products, and shall not be located in the public right-of-way, and signage shall not exceed the standards of the zone in which the stand is located.

F. Farmers markets shall be limited to one day per week in the same location for a total period of time not exceeding one calendar year.

G. Mobile food trucks shall comply with the following provisions:

1. General Standards.
a. Maintain a valid business tax certificate from the City of Menifee to operate within the City.
b. Maintain a valid County Health permit and operate in conformance with all applicable health standards.
c. Post, in public view and without obstruction, on both the front right windshield and the back left bumper of the mobile food truck, the following items:
v. The County of Riverside Department of Environmental Health permit certification stickers.
vi. A notice with at least 3-inch font providing “To report a violation, call the City of Menifee Code Enforcement at 951-246-6214."
d. Sell only food and beverage items regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et. seq., as it currently exists or as may be amended).
e. No verbal solicitation of business from pedestrians or persons in vehicles, and no sale to persons in vehicles.

Item Title: 11.3
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DEVELOPMENT CODE
Menifee, CA | Development Code Article 2, Page 9.105-4 f. No amplified sound or loudspeakers are allowed. The vendor and operation shall comply with the noise limits in Section 9.215.060 (Noise Control Regulations). g. No lighting, except localized lighting that is used on or in the mobile food trucks for the purpose of inside food preparation and menu illumination are allowed. h. No signs other than those exhibited on or in the mobile food truck are allowed. i. No selling or serving alcohol.
j. Provide one trash receptacle and one recycling receptacle for use by patrons in a convenient location that does not impede pedestrian or vehicular traffic. k. Collect and remove all litter or debris generated within a minimum 25-foot radius of the food truck.
l. Contain all associated equipment and operations within the mobile food truck, except for the trash and recycling receptacles required herein.
m. No furniture, umbrellas, generators, objects or structures outside of the vehicle are allowed.
n. No obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling unit is allowed.
o. No restriction of visibility area sight distance at any driveway or intersection. p. Mobile food trucks shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of the business, except for required trash and recycling receptacles or any attached sign or awning. The operator shall provide an 8-foot vertical clearance for pedestrian access under any sign or awning. q. Mobile food truck operators shall control smoke and odors caused by food preparation to avoid a public nuisance.

2.Mobile food trucks prohibited in the Public Right-of-Way. Mobile food truck operators are prohibited from operating in the public right-of-way, except as allowed with a temporary use permit pursuant to this chapter.

3.Mobile Food Trucks on Private Property. Property owners and food truck operators shall comply with all of the following:
a. Ensure that a mobile food truck operator operates only at the location designated on any permit, where applicable.
b. Ensure that a mobile food truck operator displays a copy of the approved mobile food truck permit in a prominent and visible place within each mobile food truck, together with a letter of permission from the property owner consenting to mobile food truck operations on the site in accordance with any approved development permit, where applicable.
c. Mobile food trucks shall operate as follows:
i. Within a paved, level parking area, unless otherwise approved surface by the City Engineer, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the mobile food truck.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 20
Menifee Mayor and City Council
August 17, 2022
Page
597 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 2, Page 9.105-5 ii. Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 21
Menifee Mayor and City Council
August 17, 2022
Page
598 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-1 Chapter 9.135 Commercial and Industrial Zones

9.135.030 Allowed Uses and Approval Requirements

A.Allowed Use Table. Table 9.135.030-1 identifies allowed uses and corresponding approval requirements for the commercial and industrial zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.135.030 shall be permitted in one or more of commercial and industrial zones as indicated in the columns corresponding to each zone.

B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table

9.135.030-1 authorize a use without satisfaction of such specified additional requirements C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Adult businesses -- -- -- -- See Ordinance ____
Airport -- -- -- C
Ambulance services C C P P
Amusement arcade P -- C --
Amusement park, (including multiple
activities such as simulated flying,
racing, mini-golf, etc.)
Indoor
Outdoor
P
C
P
C
Animals, Small (e.g. hamsters, rabbits,
chinchillas, and similar sized animals)
Non-Commercial
Commercial
P
--
P
--
P
--
P
--
Chapter 9.240 (Animal
Keeping)
Animal hospitals and veterinary services
(with outdoor facilities)
P
C
--
P
C
C
--
Animal Rescue -- -- C C Chapter 9.240 (Animal
Keeping)
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 22
Menifee Mayor and City Council
August 17, 2022
Page
599 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-2 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Antique shops, pawn shops, thrift stores P -- C -- Outside collection bins prohibited
Art gallery, library, reading room,
museum. P P -- --
Art supply shops and studios. P P P --
Auction Houses P -- P --
Auditoriums, event centers and
assembly areas, including live
entertainment:

Indoor
Outdoor
P
C
C
--
P
C
--
--
Bakery goods distributors. P -- P P
Bakery shops, Coffeehouse, Cybercafé,
Delicatessens, Ice cream shops P P P --
Banks and financial institutions. P P P --
Banquet facilities. C -- C --
Batting cages – indoor
Outdoor
P
C -- C
C --
Billiard and pool halls, Bowling alleys P -- P -- Chapter 9.255 (Alcohol Sales)
Breweries, distilleries, and wine making
facilities with on-site tasting room and
sales for off-site consumption
C -- P -- Chapter 9.255 (Alcohol
Sales)
Business services P P P --
Car washes P -- C
Caretaker residence or on-site operator
residence, only as accessory to primary
use

C C C C
Catering services P -- P --
Cemeteries and mausoleums -- -- C C
Clinics, including but not limited to
medical and urgent care C C C --
Collection Containers -- -- -- --
Commercial television and radio
broadcast structures -- -- -- P
Concrete batch plants and asphalt plants -- -- -- C
Congregate care facility -- C C --
Chapter 9.275
(Community Care
Facilities)
Contractor, landscape and building
materials storage yard -- -- C C
Convenience stores, not including the
sale of motor vehicle fuel P -- P --
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 23
Menifee Mayor and City Council
August 17, 2022
Page
600 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-3 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Dance Halls, night clubs, discos,
cabarets, cocktail lounges, lodges and
incidental dancing areas, and similar
facilities where dancing is the principal
use
C -- C -- Chapter 9.255 (Alcohol
Sales)
Day Care Center P C C --
Chapter 9.275
(Community Care
Facilities)
Department stores P -- P --
Drug Store P P -- --
Dry cleaning and laundromats (except
uniform supply and industrial
launderers);

P C C --
Educational Institution C C C C
Emergency shelters -- -- -- P In locations specified in the Housing Element
Equipment sales and rental, Large
(including large vehicles, trucks with
beds over 18 feet in length, eighteen
plus (18+) wheelers, and construction
equipment)
-- -- -- C
Equipment sales and rental, Small
(including rototillers, power mowers,
sanders, power saws, cement and
plaster mixers not exceeding 20 cubic
feet in capacity and other similar
equipment)

P -- C C
Fast food/quick service, with drive-
through C C C --
Fast food/quick service, without drive-
through P P P --
Feed and grain sales C -- -- P
Fertilizer production and processing
(organic or inorganic) -- -- -- C
Funeral parlor, mortuary with
crematorium -- C C --
Funeral parlor, mortuary without
crematorium P C C --
Gas station with/without convenience
store, with or without alcoholic
beverage sales, and with or without car
wash

C -- C C
General retail P -- -- --
General warehousing, distribution
centers, and storage (except noxious,
explosives, or dangerous materials)
-- -- P P
Golf Course -- -- -- --
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 24
Menifee Mayor and City Council
August 17, 2022
Page
601 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-4 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Golf driving range (not in association
with full scale course) C -- C --
Governmental facility P P P P
Grocery Store P -- -- -- Chapter 9.255 (Alcohol
Sales)
Hardware and Building Supplies
without outdoor sales/storage
with outdoor sales/storage
P
C
--
--
P
C
P
C
Health, fitness, dance, martial arts
studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
C
C
P
C --
Heliports -- -- C C
Hospital C C -- --
Hotels and resort hotels P C C --
Kennel or cattery -- -- C C Chapter 9.240 (Animal
Keeping)
Laboratories, research and development P P P --
Live/work units C C C --
Lumber yard -- -- -- C
Manufacturing, Handcraft P P P P
Manufacturing, Light-Intensity -- C P P
Manufacturing, Medium-Intensity -- C C P
Manufacturing, Heavy-Intensity -- -- -- P
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- --
Massage Establishment C C -- --
Material storage yard -- -- C P
Membership clubs, organizations, and
lounges C C C --
Mobile home sales and storage, trailer
sales and rental house trailers C -- C C
Motels C -- -- --
Motocross Facilities, Bicycle (BMX)
course -- -- -- --
Motor vehicle body, paint and
upholstery shops C -- C P
Chapter 9.245 (Motor
Vehicle and Related
Uses)
Motor vehicle parts and supply stores P -- C --
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 25
Menifee Mayor and City Council
August 17, 2022
Page
602 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-5 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Motor vehicle repair/services (e.g. tune-
ups, emission tests, brakes, tires,
batteries, electrical)

P -- C P
Chapter 9.245 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs/services - major
(e.g., engine and transmission
repair/rebuild, etc.)
-- -- C P
Chapter 9.245 (Motor
Vehicle and Related
Uses)
Motor vehicle sales and rental (including
outdoor display area and repairs
associated with sales)

C -- C --
Chapter 9.245 (Motor
Vehicle and Related
Uses)
Motor vehicle wholesale, with no
outdoor display P P P P
Motor vehicle impound, wrecking and
junk yards -- -- -- C
Chapter 9.245 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage -- -- C (indoor
only) C
Chapter 9.245 (Motor
Vehicle and Related
Uses)
Nurseries and garden supply, indoor and
outdoor (retail sales only) P -- -- P
Does not include
cultivation of
marijuana/cannabis.

Offices, professional and medical P P P --
Parking lots and parking structures P P P P
Personal and Professional Services P -- P --
Public utility substations and storage
buildings -- -- -- P
Radio and television broadcasting and
recording studios P -- P --
Recreational vehicle, trailer and mobile
home sales and rental. C -- C C
Chapter 9.245 (Motor
Vehicle and Related
Uses)
Recycling collection facilities C -- C C Chapter 9.285
(Recycling Facilities)
Recycling processing facilities -- -- C C Chapter 9.285 (Recycling Facilities)
Religious institutions P P P P
Restaurant P P P P Chapter 9.255 (Alcohol
sales)
Residential care facility -- C -- --
Chapter 9.275
(Community Care
Facilities)
Restaurants with breweries, distilleries
and/or wine making facilities with sales
for on-site and off-site consumption
C C C C Chapter 9.255 (Alcohol
sales)
Self-Storage, public storage facilities C -- C P
Shooting range; Indoor -- -- C --
Shooting range; Outdoor -- -- -- --
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 26
Menifee Mayor and City Council
August 17, 2022
Page
603 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-6 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Simulated shooting games, Indoor (laser
tag, etc.) C -- C --
Simulated shooting games, Outdoor
(paintball, etc.) -- -- -- --
Solid Waste Disposal -- -- -- C
Specialized Retail P -- P --
Sports and recreational facilities (not
including motor driven vehicles and
riding academies, but including archery
ranges, athletic playgrounds, athletic
fields, sports arenas, skating rinks, skate
parks stadiums, and commercial
swimming pools)
Indoor
Outdoor
P
C
--
--
C
C
--
--
Studios for professional work in or
teaching of any form of fine arts P C P --
Swap Meets (Indoor only) C -- -- C All activities must be conducted indoors.

Tattoo Establishments C C C -- Chapter 9.270 (Tattoo
Establishments)
Theater C -- C --
Tourist information centers P P P --
Towing services (with tow truck parking
- no auto storage) -- -- P P
Towing services (with tow truck parking
and auto storage) -- -- -- C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Transportation Stations (bus, railroad
and taxi) P P P P
Trucking and freighting operations -- -- -- C
Uniform supplier and industrial
launderers -- -- C P
Utility offices, uses, and structures P P P P
Vehicle storage and impoundment
within an enclosed building -- -- P P
Vocational/trade school; C -- P C
Warehouse/club store, Standalone
facility 50,000 sq. ft. or larger C -- C --
Wholesale businesses with samples on
the premises but not including storage P -- P --
Wholesale stores and distributors -- -- C --
Wireless Communication Facilities C C C C
Chapter 9.295
(Wireless
Communications
Facilities)
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 27
Menifee Mayor and City Council
August 17, 2022
Page
604 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.135-7

9.135.040 Development Standards

The development standards listed below are the minimum standards for development within the respective zones. Separate development standards have been established for developments on a single lot and for those commercial shopping centers or industrial planned developments which multiple structures on one or more lots.

Table 9.135.040-1 Commercial and Industrial Zones - Development Standards for Developments within Planned Shopping Centers or Industrial Parks Standard Additional Requirements

MINIMUM LOT DIMENSIONS
Net Lot Area (Acre) 5 5 10 10

FLOOR AREA RATIO
Minimum 0.20 0.25 0.25 0.15
Maximum 0.35 1.0 0.60 0.50
YARDS/SETBACKS (Minimum)
Yard Adjacent to Street (Feet):

Arterial/Major/Secondary/Expressways1
Collector
Local
25 20
15 25
20 15
25 20
15 25
20 15
Yard Adjacent to Residential Zone (Feet) 25 25 50 50
Interior Side Yard (Feet) 0 0 0 0
Rear Yard (Feet) 15 10 10 25
Minimum Building Separation (Feet):

One story:

Two stories:

Three or more stories:
10 15
20 15
20 25
15 20
25 15
20 25
BUILDING HEIGHT (Maximum)
Principal Building (Feet) 50 50 50 50
BUILDING COVERAGE (Maximum)
Building Coverage (Percent) 30% 50% 40% 40%
OPEN SPACE COVERAGE (Minimum)
Landscaped Open Space Required (Percent) 20% 25% 25% 20%

FENCES, WALLS, HEDGES, SCREENING
Fence wall or hedge – maximum height
(feet) 6 6 6 6
Fence wall or hedge screening outdoor
storage –minimum/max height (feet) 6/8 N/A 6/12 6/12
Notes:

1. Roadway classifications per the General Plan Circulation Element.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 28
Menifee Mayor and City Council
August 17, 2022
Page
605 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-1 Chapter 9.140 Economic Development Corridor Zones

9.140.030 Allowed Uses and Approval Requirements

A.Allowed Use Table. Table 9.140.030-1 identifies allowed uses and corresponding approval requirements for the EDC zones subject to compliance with all other provisions of this Title.

Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions).

The list of land uses, with the exception of prohibited uses, on Table 9.140.030-1 shall be permitted in one or more of the EDC zones as indicated in the columns corresponding to each zone.

B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table

9.140.030-1 authorize a use without satisfaction of such specified additional requirements C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Accessory dwelling units P P P P P As allowed by State law Adult businesses -- -- -- -- -- See XX (Adult Use
Ordinance)
Airport C -- -- -- --
Ambulance services P C C C P
Amusement and game arcade -- -- P C P
Amusement park(including multiple
activities such as simulated flying,
racing, mini-golf, etc.)
Indoor
Outdoor
P
--
C
--
C
C
C
C
P
--
Art gallery, art studio, library, reading
room, museum P P P P P
Auction Houses:

Indoor
Outdoor
P
C
P
--
P
--
P
--
P
--
Auditoriums, event centers and
assembly areas, including live
entertainment:

Indoor
Outdoor
C
--
C
C
P
C
C
--
P
--
Chapter 9.250 (Alcohol
Sales)
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 29
Menifee Mayor and City Council
August 17, 2022
Page
606 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-2 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Banks and financial institutions P P P P P
Batting cages – indoor
Outdoor
P
C
P
C
P
C
P
C
P
C
Billiard and pool halls, Bowling alleys P C P C P Chapter 9.250 (Alcohol Sales)
Breweries, distilleries, and wine making
facilities with on-site tasting room and
sales for off-site consumption
P P P P P Chapter 9.250 (Alcohol
Sales)
Business Services P P P P P
Car washes P C C P --
Caretaker residence or on-site operator
residence, only as accessory to primary
use

P -- -- -- P
Catering services P C C C P Includes truck parking
Cemeteries, crematories and
mausoleums C C -- C C
Clinics, including but not limited to
medical and urgent care. P P P P P
Collection Containers -- -- -- -- --
Commercial radio and television
broadcasting C C C C C
Community center P P P P P
Concrete batch plants and asphalt
plants -- -- -- -- --
Congregate care facility -- C C C --
Chapter 9.270
(Community Care
Facilities)
Contractor, landscape and building
materials storage yards (new) -- -- -- -- --
Contractor, landscape and building
materials storage yards (legally existing
as of the effective date of this
ordinance)

C -- -- -- C
Convalescent hospital/care facility -- P C C C
Dance Halls, night clubs, discos,
cabarets, cocktail lounges, lodges and
incidental dancing areas, and similar
facilities where dancing is the principal
use
C C C C C Chapter 9.250 (Alcohol
Sales)
Day Care Center C C C C C
Chapter 9.270
(Community Care
Facilities)
Dry cleaning and laundromat (except
uniform supply and industrial
launderers);
-- C P P C
Educational Institution C C C C C
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 30
Menifee Mayor and City Council
August 17, 2022
Page
607 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-3 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Emergency shelters 1 P P P P P
As mandated by State
law and City Housing
Element. See footnote1
below.

Equipment (new) sales, Large (including
large vehicles, trucks with beds over 18
feet in length, eighteen plus (18+)
wheelers, and construction equipment)

P -- -- -- C
May not be located
within 1,000 feet of the
freeway right-of-way.

Equipment (new) sales Small (including
rototillers, power mowers, sanders,
power saws, cement and plaster mixers
not exceeding 20 cubic feet in capacity
and other similar equipment)

P C C C C
May not be located
within 1,000 feet of the
freeway right-of-way.

Fast food/quick service, with drive-
through; C C C C C
Fast food/quick service, without drive-
through P P P P P
Feed and grain sales C -- -- P C
Fertilizer production and processing
organic or inorganic -- -- -- -- --
Gas station with or without a
convenience store, with or without
alcoholic beverage sales, and with or
without car wash

C C C C C
Chapter 9.250 (Alcohol
Sales).

In SG-May not be
located south of Scott
Road.

General Retail P P P P P
Golf Course -- C C C --
Golf driving range (not in association
with full scale course) C C C C C
Governmental facility P P P P P
Grocery Store, Drug Store P P P P P Chapter 9.250 (Alcohol Sales)
Guns and ammunition store C -- -- C C
Hardware or Building Supplies Sales
without outdoor sales/storage
with outdoor sales/storage
P
C
P
C
P
C
P
C
P
C
Health, fitness, dance, martial arts
studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
P
C
P
C
P
C
P
C
Heliports C C C C C
Hospital C C C C C
Hotels and resort hotels P P P P P
Kennel or cattery C C C C C Chapter 9.235 (Animal
Keeping)
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 31
Menifee Mayor and City Council
August 17, 2022
Page
608 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-4 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Live/work units (2) C C C C C
Subject to the
residential percentages
in the General Plan.

Manufacturing, Handcraft P C C C P
Manufacturing, Light-Intensity P C C C P
Manufacturing, Medium-Intensity P -- -- -- P
Manufacturing, Heavy-Intensity C -- -- -- --
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- -- --
Massage Establishment P C C C C
Meat packaging plants, poultry and egg
processing, processing and rendering of
fats and oils
-- -- -- -- --
Membership clubs, organizations, and
lounges C C C C C
Mobile home sales and storage, trailer
sales and rental house trailers C -- -- -- --
Motocross Facilities, Bicycle (BMX)
course C -- -- -- --
Motor vehicle body, paint and
upholstery shops P C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repair/services (e.g. tune-
ups, emission tests, brakes, tires,
batteries, electrical

P P C P P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs - major (e.g.,
engine and transmission repair/rebuild,
etc.)

C C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle sales and rental
(including outdoor display area and
repairs associated with sales):

Automobiles Sales
Automobile Rental
Boats and RVs Sales and Rental
C
C
C
C
C
C
C*
C
C
C
C
C
C
C
C
Chapter 9.240 (Motor
Vehicle and Related
Uses).
*P - Permitted in the
EDC-CC Auto Overlay
Motor vehicle wholesale, with no
outdoor display C -- -- -- --
Motor vehicle wrecking and junk yards -- -- -- -- --
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage –
Indoor
Outdoor
--
--
--
--
--
--
--
--
--
--
Motorcycle sales/service C P C P P
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 32
Menifee Mayor and City Council
August 17, 2022
Page
609 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-5 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Multi-family dwellings C C C C C
Subject to the
residential percentages
in the General Plan.

Section 9.140.050
(Special Requirements
for Mixed Uses and
Residential Uses in EDC
Zones). May not be
located within 1,000
feet of the I-215 right-
of-way.

Natural gas, above ground storage C -- -- -- C
Nurseries and garden supply, indoor
and outdoor (retail sales only) C C C C C
Does not include
cultivation of
marijuana/cannabis.

No outdoor bulk
materials.

Offices (professional and medical) P P P P P
Outdoor dining P P P P P
Chapter 9.260
(Outdoor Sales,
Display, and Dining)
Parking lots and parking structures. P C C P P
Personal Services C P P P C
Pet shops, pet supply, and pet care and
grooming P P P P P
Public utility substations, offices and
storage buildings P P P P P
Recording studios P P P P P
Recycling collection facilities C C -- C C
Chapter 9.280
(Recycling Facilities);
May not be located
within 1,000 feet of the
freeway right-of-way.

Recycling processing facilities C -- -- -- --
Chapter 9.280
(Recycling Facilities);
May not be located
within 1,000 feet of the
freeway right-of-way.

Religious Institutions C C C C C
Research and development (except
noxious, explosives, or dangerous
materials)

P -- P -- P
Residential care facility C C C C C
May not be located
within 1,000 feet of the
I-215 right-of-way.

Restaurants P P P P P Chapter 9.250 (Alcohol
sales)
Item Title: 11.3
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August 17, 2022
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-6 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Restaurants with ancillary breweries,
distilleries and/or wine making facilities
with sales for on-site and off-site
consumption
P P P P P Chapter 9.250 (Alcohol
sales)
Self-Storage, public storage facilities
(new) -- -- -- -- --
Self-Storage, public storage facilities
(existing as of the effective date of this
ordinance)

C C C C C
May expand only
within the footprint of
the existing
development/property.

Shooting range; Indoor P C C C C
Shooting range; Outdoor -- -- -- -- --
Single-family residences C C C C C
Requires tentative
tract map approval.

May not be located
within 1,000 feet of the
I-215 right-of-way.

Smoking Lounge C C C C C
Solid Waste Disposal -- -- -- -- --
Sports and recreational facilities (not
including motor driven vehicles and
riding academies, but including archery
ranges, athletic playgrounds, athletic
fields, sports arenas, skating rinks, skate
parks, stadiums, and commercial
swimming pools)

C C C -- C
Swap Meets (Indoor only) -- -- -- -- --
Tattoo Establishments C C C -- -- Chapter 9.265 (Tattoo Establishments)
Theaters C C P C P
Towing services (with tow truck parking,
no auto storage) p C -- -- C
Truck stops -- -- -- -- --
Trucking and freighting operations C C -- -- C
Vocational/trade school; P C C C P
Warehouse (except noxious, explosives,
or dangerous materials)
Fulfillment Center
Warehousing, logistics and
distribution facility
P
P
--
--
--
--
--
--
--
--
Warehouse/club store, Standalone
facility 50,000 sq. ft. or larger C C C C C
Warehouse/club store, Standalone
facility under 50,000 sq. ft. P P P P P
Wedding chapels C C C C C
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 34
Menifee Mayor and City Council
August 17, 2022
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-7 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Wholesale businesses with samples on
the premises but not including storage. P P P P P
Wholesale stores and distributors C C C C C
Wireless Communication Facilities C C C C C
Chapter 9.290
(Wireless
Communication
Facilities)
FOOTNOTES:

1. Emergency Shelters shall:

A. Provide on-site facilities management personnel during all hours that the emergency shelter is in operation.

B. Be located no less than 300 feet from another emergency shelter.

C. Provide adequate lighting to illuminate the entire outdoor and parking areas of the property.

D. Provide security during all hours that the emergency shelter is in operation.

9.140.050 Special Requirements for Mixed Uses and Residential Uses in Economic Development Corridor Zones

A.Intent of Mixed Uses. The mixed-use allowances within the Economic Development Corridor (EDC) Zones are intended to enhance, revitalize, and provide opportunities for new development in designated areas of the community. This allows for retail and service commercial businesses (local and regional) and moderate- to high-density residential uses to be integrated vertically or horizontally for the benefit of the community.

B.Mixed Use Setback Requirements. Within the required front setback area, paved walkways for pedestrian use shall be augmented with landscaping such as planters and trees. Elements enhancing the pedestrian experience shall be incorporated into the design of the front setback, including but not limited to, benches, lighting schemes, and decorative paving.

1. Mixed-use developments where the front lot line abuts a major traffic corridor must have a minimum front yard setback of 40 feet.

2. Mixed-use developments where the front lot line does not abut a major traffic corridor must have a minimum front yard setback of 25 feet.

C.Mixed Use Notification Requirements. The following notification requirements for mixed use developments in a designated EDC district apply:

1. Residents (owners and tenants) of new residential and mixed-use development projects in an Economic Development Corridor Zone where residential uses are allowed shall be notified in writing before taking up residence that they will be living in an urban-type environment and that noise levels may be higher than a strictly residential area.

2. The conditions of approval of a residential or mixed-use project within an Economic Development Corridor Zone will require prospective residents to acknowledge the receipt of the written noise notification. Signatures shall confirm receipt and understanding of this information.

D.Restrictions on Land Uses and Activities in a Vertically Integrated Mixed-Use Development.

Economic Development Corridor Zones featuring vertically integrated mixed-use developments shall be subject to the following use limitations:

Item Title: 11.3
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Menifee, CA | Development Code Article 3, Page 9.140-8

1. Commercial, office or institutional development component shall comprise a minimum of 0.3 FAR of the overall development.
a. A project consisting entirely of deed-restricted affordable housing will not be required to have a commercial feature component but shall be limited to the EDC districts’ residential percentage limit of the City’s General Plan.
b. Commercial storefronts in the Community Core and Southern Gateway Zones are required along street frontages. Residential development(s) are not allowed street frontage in these EDC Zones.
c. Live-work units are allowed as part of a mixed-use development. Dwelling areas in multi- family residential units are not allowed to be devoted solely to a commercial, office, or production activity.

2.Prohibited Land Uses and Activities in a vertically integrated mixed-use development. The following activities are prohibited within vertically integrated mixed-use developments:
a. General auto repair including paint or body work, auto maintenance or similar use. b. Manufacturing or industrial activities, including, but not limited to, welding, machining or open flame work, except those necessary as part of an art or jewelry producing activity. c. Any other activity, as determined by the Community Development Director to be incompatible with residential activities and/or to have the possibility of adversely impacting the health or safety of residents due to the potential for the use to create late- night activity, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products or wastes, within individuals units or to adjoining/surrounding units.

3.Loading and unloading activities. Conditions of approval for a mixed-use development shall indicate the times when the loading and unloading of goods, products, supplies or similar items will occur. Loading or unloading activities are prohibited between 10:00 p.m. and 7:00 a.m. the following morning on any day of the week.

4.Conversion to Residential. A mixed-use building shall not be converted to entirely residential use unless the development is consistent with all of the standards of this chapter, including

9.140.050.D.1.b and 9.140.050.E.2 regarding street frontage and freeway adjacency. The conversion project proposal must first be reviewed and approved by the Planning Commission. A certificate of occupancy for the conversion is required.

E.Special Requirements for Residential Uses in EDC Zones. All residential uses in EDC zones shall be subject to the following provisions:

1. Residential uses shall not exceed 15% of the total Economic Development Corridor acreage.

2. Residential developments are allowed as "stand alone" projects but not allowed on EDC parcels directly adjacent to a freeway.

3. New residential developments in the Economic Development Corridor Zones are required to include a commercial, office or institutional component and/or enter into an agreement with the City for the development of a commercial, office or institutional facility on another property within the same Economic Development Corridor Zone and within a specified time period.

4. Residential density limitations are established within the General Plan and are in addition to other applicable requirements of this chapter.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 36
Menifee Mayor and City Council
August 17, 2022
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DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-9 F.Single Family Residential Developments in EDC Zones. Single Family residential uses in EDC zones shall be subject to the following requirements:

1. Single-family dwellings existing as of the effective date of the Ord. 2015-180, passed 11-18- 2015 in an Economic Development Corridor Zone shall be considered as permitted uses and shall be subject to development standards for LDR-2 zone, as set forth in Chapter 9.130 of this Title or other zone as determined by the Community Development Director.

2. Tract maps approved prior to the effective date of this chapter located within any Economic Development Corridor Zone shall be considered a permitted residential use and shall be subject to the appropriate Residential Zone development standards of Chapter 9.130 of this Title, as determined by the Community Development Director.

3. Single-family residential portions of mixed-use developments shall be subject to the development standards of the appropriate residential zone in Chapter 9.130, as determined by the Community Development Director.

G.Multi-Family Residential Developments in EDC Zones. Multi-family residential uses shall be subject to the development standards of the appropriate zone in Chapter 9.130, as determined by the Community Development Director.

H.Mixed-Use Multi-Family Developments in EDC Zones. The provisions of this section shall apply to multi-family residential portions of mixed-use developments in addition to other applicable requirements of this chapter.

1.Maximum Number of Bedrooms per Unit. No single dwelling unit shall have more than 4 bedrooms, unless otherwise approved by the Planning Commission.

2.Residential Building Separation. Residential developments and residential portions of mixed- use developments shall meet the minimum building separation requirements as established below:

Minimum Building Separation
(Same Recorded Lot)
From 1 story to 1 story building 15 ft.

From 1 story to 2 story building 20 ft.

From 2 story to 2 story building 20 ft.

Additional story either building 20 ft. plus 5 ft. per additional story above 2 for either building

3.Elevation of First Floor. The first habitable floor of a residential-only building shall be located not more than 4 feet above and not more than one foot below the elevation of the adjacent sidewalk or the finished grade 8 feet from of the foundation.

4.Open space, recreation and leisure area requirements for residential components of integrated mixed-use developments. Residential components of mixed-use developments shall provide open space, recreation, and leisure areas at a minimum of 300 square feet per dwelling unit.

The following spaces shall contribute to the open space, recreation area, and leisure area requirement:
a.Private Open Space. Private open space shall be provided at each unit. Private open space may be provided in the form of a patio, yard, balcony or combination thereof and shall be directly adjacent to and accessible from each unit. Private open space shall have a Item Title: 11.3
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August 17, 2022
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Menifee, CA | Development Code Article 3, Page 9.140-10 minimum area of 90 square feet, with a minimum depth dimension of 6 feet and a minimum width dimension of 10 feet.
b.Active Recreation Areas.
i. Active recreation areas shall include one or more of the following: spa, pool, indoor equipped work-out room(s), tennis, volleyball, racquetball courts, basketball half court, or other similar usable recreational activities as determined acceptable by the Planning Commission during a discretionary review. Active recreation areas shall be open to and accessible to all residents of the mixed-use complex. The required active recreational amenities shall be based on a needs assessment evaluation of the proposed project. The evaluation shall take into consideration the following criteria:
ii. Size and shape of active recreation area;
iii. Location and placement of buildings;
iv. Diversity of recreational amenities needed based upon anticipated resident mix; v. Number of units, size mixture of units, and lot size. vi. Active recreation areas shall not be less than 20 feet in width or depth. Increased dimensions may be required through the discretionary review process based upon specific project circumstances and the intended use of that active recreation area. vii. Active recreation areas may be located indoors, in outdoor portions of habitable levels, or on roof decks. Active recreational areas located in this manner shall not contribute more than 50% of the required open space, recreation, and leisure areas, unless otherwise approved by the Planning Commission.
viii. Active recreation areas shall be buffered from adjacent residentially zoned lots.

Active recreation areas that feature such activities as pools, spas, court activities shall be placed and operated so as not to infringe upon the peacefulness of nearby residential units or adjoining residential properties.
c.Passive Recreation Areas. Passive recreation areas shall incorporate pathways, waterscape, hardscape (i.e., large rocks or boulders, benches, gazebos, raised planters constructed on site of bricks, concrete or rocks, or other materials) and unique features that enhance the appearance, desirability and usability of the area. The intent is to provide landscaped areas that can be utilized for walking, sitting, viewing plants and vegetation, reading, and similar types of passive activities. Passive recreation areas shall have a minimum dimension of 10 feet in width and 30 feet in length. These areas shall not contribute more than 50% of the required open space, recreation and leisure areas.

An area designated as a "Community Garden" may contribute up to 25% of the required open space, recreation and leisure area(s) of a residential development. d.Mixed Use Shared Passive Recreation Areas. Passive recreation areas and joint use patios and plazas may contribute to the requirement for open space, recreation and leisure areas. Passive areas are generally shared with commercial, office or institutional components in a mixed-use development. Passive recreation areas do not include areas used for outdoor dining, fenced or otherwise restricted for use by a single business or tenant. Shared passive recreation areas shall have a minimum dimension of 10 feet in width and 30 feet in length. Such areas shall not contribute to more than 25% of the required open space, recreation and leisure areas.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 38
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August 17, 2022
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DEVELOPMENT CODE
Menifee, CA | Development Code Article 3, Page 9.140-11

5.Additional multi-family residential unit requirements. Each residential unit in a multi-family component of a mixed-use development shall comply with the following requirements:
a.Laundry Facilities. Each unit shall be provided with washer and dryer hookups and laundry space within the unit. For apartment units, common laundry facilities may be provided.
b.Storage Facilities. Each unit shall be provided with a separate storage area having a minimum of 300 cubic feet of private and secure storage space. This storage space may be located within the parking garage provided it does not interfere with garage use for automobile parking. Closet and cupboard space within the dwelling unit shall not count toward meeting this requirement.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 39
Menifee Mayor and City Council
August 17, 2022
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DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.165-1 Chapter 9.165 Accessory Structures

9.165.030 Development Standards

An accessory structure (not including metal shipping containers, see Section 9.165.050-110) is permitted in all residential zones subject to the following requirements, which are in addition to any requirements of that residential zone.

A.Location. Accessory structures shall be located only in rear and interior side yards or within the allowable buildable area.

B.Height. Accessory structures shall not exceed a height of 16 feet, except they shall be allowed up to the maximum building height in the agricultural and rural residential zones.

C.Separation. Accessory structures shall be located at least 10 feet from the primary building and at least 5 feet from another accessory structure.

D.Setbacks. Setback requirements and the placement of accessory structures in the required yards are set forth in Table 9.165.030-1, Accessory Structures Setbacks.

Table 9.165.030-1 Accessory Structures Setbacks
Accessory Structure Front Yard1 Rear Yard1 Interior Side Yard12 Accessory Dwelling Units3 Not permitted 410 ft1 45 ft
Carports Not permitted 5 ft for support column 2 ft
Garage
20 ft (Entrance faces street)
10 ft (Entrance from side not
facing front yard)
10 ft 5 ft
Gazebo/garden structure Not permitted 5 ft 5 ft
Detached guest house Not permitted 10 ft 5 ft
Solar Equipment Not permitted 3 ft 3 ft
Storage/utility storage Not permitted 3 ft 3 ft
Notes:
1If the zoning classification of a particular property provides for a different front, rear, or side yard setback, the smaller setback shall apply. 2For corner (street) side yard setback requirements, refer to development standards of the applicable zone. 3 See Chapter 9.295 (Special Housing Types) and 9.35 (Accessory Dwelling Unit Permit) for additional requirements for Accessory Dwelling Units
E. Accessory uses and structures shall be incidental to and not alter the residential character of a parcel.

F. No accessory structure, or total square footage of multiple accessory structures, shall occupy more than 30% of the rear yard of a parcel. No accessory structure shall be greater than 600 square feet for lots less than one-half acre, 900 square feet for one-half to 1 acre, or 3,000 square feet for lots greater than 1 acre.

G. Lot coverage calculations shall include all enclosed accessory structure area on a lot or parcel.

Item Title: 11.3
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August 17, 2022
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.165-2 H. In the case of through lots, no accessory structure shall encroach upon the required front yard on either street. In the event that the front yard and rear yards cannot be clearly determined, the Community Development Director will determine the required setbacks.

I. Underground facilities shall not be subject to the height limitations.

J. Accessory structures shall include eaves or overhangs and be compatible with the materials, colors and architecture, including roof pitch, of the primary building or residence.

K. Bare metal buildings (metal buildings without paint or exterior architectural coatings or treatments) shall be prohibited.

L. Accessory structures shall not be placed within a lot in a manner which would cause significant environmental impacts to drainages, watercourses, sensitive habitat, or archeological or paleontological resources.

M. An accessory structure used for vehicle storage shall have clear, unobstructed access to the structure across the parcel. No additional curb cuts may be installed for the accessory structure unless otherwise approved by the City Engineer.

N. The use of metal storage container(s) to construct an underground facility shall be prohibited.

O. No accessory structure shall be erected unless a primary building exists on the parcel.

9.165.050 Metal Shipping Containers

Metal shipping containers shall conform to the following standards:

A.Use.

1. Metal shipping containers shall be allowed in all zones on a temporary basis during construction, grading operations when utilized solely for the storage of supplies and equipment that are used for the construction, grading on that site.

2. Within Agriculture and Rural Residential zones, metal shipping containers shall be an accessory use for storage and shall not be used for habitable space, except as allowed by subsection Section A.3 below.

3. Alternative allowances, including size, screening, condition, location, or habitation, may be considered and approved by the Planning Commission under review and approval of a Conditional Use Permit.

B.Minimum Lot Size.

1. No new Metal Shipping Containers may be placed on lots of less than 1 acre.

2. One small shipping container (not exceeding 10 feet in length) may be located on lot of 1 acre or greater.

3. No more than one (1) shipping container is allowed on lots of 2-5 acres.

4. No more than two (2) shipping containers are allowed on lots of 5 acres or greater.

C.Setbacks. Metal shipping containers shall not be located closer than 50 feet from any property line, nor within the area in front of the leading edge of the home upon the residential property, or within any required parking space.

D.Enhancements.

1. Metal Shipping Containers shall be painted a neutral earth-tone or a color consistent with the principal building or dwelling unit.

Item Title: 11.3
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.165-3

2. Metal shipping containers shall be screened from view of public rights-of-way or adjacent residential properties by residential structures, landforms or physical features of the lot, landscaping or opaque fencing of up to 6 feet in height with any visible remaining exterior portion of the container(s) painted in a manner compatible with the principal residence or to blend with the existing landscaping on-site.

3. Screening shall be waived if the container(s) is/are completely encased within an on-site, stick- built skin and eaves, which are architecturally consistent with the primary residence on-site.

E.Size. Containers shall not exceed 50 percent of the floor area of the primary residence on-site, inclusive of all accessory structures.

F.Placement.

1. Metal shipping containers shall conform with all health, safety development, and environmental requirements.

2. Metal shipping containers shall not be placed upon a residential lot in a manner which would cause significant impacts to drainages, watercourses, sensitive habitat, or archeological or paleontological resources.

3. Metal shipping containers shall not be stacked vertically.

Item Title: 11.3
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August 17, 2022
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Menifee, CA | Development Code Article 4, Page 9.185-1 Chapter 9.185 Fences, walls and screening

9.185.040 General Development Standards

A.Architectural Compatibility. Walls, fences, and architectural screening elements shall be compatible with the architectural treatment of the primary building on the parcel and shall meet all standards applicable to the Zone unless otherwise modified by this chapter.

B.Visibility. No wall, fence, or landscaping element shall interfere with intersection visibility or line of sight or other safety issue.

C.Blank Walls Prohibited. Blank walls are prohibited. Where screening or security walls (excluding wrought iron fences) are located within 10 feet of a public ROW, landscaping shall be provided between the wall and the ROW to a minimum height of 42 inches to minimize opportunities for crime and unsafe conditions.

D.Permitted Materials. Approved materials include wood, plexi-glass, vinyl, stone, masonry, brick, block, stucco, wrought iron, and concrete. Where opaque walls are required, they shall be constructed of brick, split-face block, stone, or frame-stucco.

E.Prohibited Materials.

1. Barbed, razor, concertina, corrugated metal and plastic, tarps, and electrified wire of any kind or configuration is prohibited in all Zones, except as modified by section 9.185.040.E.2 below.

2. Woven wire, barbed wire, or electrified fencing may be permitted in the front and side yards of all Agricultural (AG) zones only if needed to secure livestock and/or horses; maximum height not to exceed six feet.

3. Chain-link fencing and similar materials are prohibited along any public ROW regardless of setback, except for temporary construction fencing (9.185.040.C). Where chain-link fencing is used, it shall not be visible from the public ROW. This standard shall apply to all zones except Agricultural (AG) zones.

F.Maintenance. Fences and walls shall be constructed of new material and shall be maintained in a state of good repair. Any dilapidated, dangerous, or unsightly fences or walls shall be repaired or removed.

G.Maximum Height. The height of all walls, fences, and architectural screening elements shall be measured from the finished grade of the property to the highest point of the element.

1. Table 9.185.040-1 establishes the maximum wall/fence heights by Zone.

2. Where additional height is needed based on security or specific site operating requirements, additional wall/fence height may be approved by the Community Development Director, subject to evaluation of adjacencies and necessity.

3. Hedges or other screening vegetation, excluding trees, shall not exceed the maximum height of walls permitted in the zone.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 43
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August 17, 2022
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.185-2 Figure 9.185.040-1 Fence Height by Location (applicable to all Residential Zones) Figure 9.185.040-1 Fence Height by Location (applicable to all Residential Zones) Table 9.185.040-1 Wall/Fence Maximum Height Standards by Zone Maximum Permitted Height by Setback
Ag & Residential
Zones Commercial Zones Industrial Zone EDC ZonesSetback Location Setback ≥ Min.

Setback Setback ≥ Min.

Setback Setback ≥ Min.

Setback Setback ≥ Min.

Setback
Front/Street 36” 6’ 36” 6’ 36” 6’ 36” 6’
Side 6’ 6’ 6’ 6’ 6’ 12’ 6’ 8’

EXISTING

PROPOSED
Item Title: 11.3
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August 17, 2022
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Menifee, CA | Development Code Article 4, Page 9.185-3 Table 9.185.040-1 Wall/Fence Maximum Height Standards by Zone Maximum Permitted Height by Setback
Ag & Residential
Zones Commercial Zones Industrial Zone EDC ZonesSetback Location Setback ≥ Min.

Setback Setback ≥ Min.

Setback Setback ≥ Min.

Setback Setback ≥ Min.

Setback
Corner/Street
Side 6’3 6’ 36” 6’ 36’ 6’ 36” 6’
Rear 6’ 6’ 6’ 6’ 6’ 12’ 6’ 8’
Notes:

1.Fences, walls and screening are not required between land uses unless otherwise specified in this Title. Fences, walls and screening must also be located outside of any public utility easement except as authorized by the applicable utility agency.

2. Maximum height may be increased by the designated approving authority as part of development review.

2.3. For corner side fences, a minimum 5-foot-wide landscape planter strip is required between edge of public sidewalk and wall.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 45
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August 17, 2022
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Menifee, CA | Development Code Article 4, Page 9.190-1 Chapter 9.190 Hillside Development Standards

9.190.020 Applicability

This chapter applies to all development on properties in Menifee that contain significant areas of steep slopes and prominent hillsides and ridgelines as defined in this Title within the areas illustrated on Figure

9.190.020-1 Menifee Hillside Map. These areas and features are typical of the properties in the Rural Mountainous (RM) and Rural Residential, 5-acre minimum (RR5) zones, but not limited to these areas.

Figure 9.190.020-1 Menifee Hillside Map

9.190.030 Exemptions

The following are exempt from the provisions of this chapter:

A. Development that maintains a minimum of 50 feet from the top of any steep slope or hillside and is no closer than 200 feet horizontally and 50 feet vertically from prominent ridgelines.

B. Any project that has a valid, unexpired City- or county-approved tentative tract map or grading permit or other entitlement in place that is consistent with the restrictive regulations previously in effect prior to adoption of the City's General Plan update on December 18, 2013. The requirements of this chapter shall be applied to all approvals that require a discretionary extension or that are extended pursuant to a discretionary extension.

C. Open space projects and regional or community trails on City-owned property.

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Menifee, CA | Development Code Article 4, Page 9.190-2 D. Local public streets or private roads and driveways which are necessary for primary or secondary access to the portion of the site to be developed on steep slope lands of less than 25 percent, provided no less environmentally damaging alternative exists. The determination of whether a proposed road or driveway qualifies for an exemption, in whole or in part, shall be made by the Community Development Director based on an analysis of the project site.

E. Public and private utility systems, provided the Community Development Director finds that the least environmentally damaging alignment has been selected. However, septic systems are not included in this exemption unless the Riverside County Department of Environmental Health has certified that no grading or benching is required.

F. Areas with native vegetation, which are cleared or trimmed to protect existing or proposed structures in potential danger from fire, provided that the area of such clearance is the minimum necessary to comply with applicable fire codes or orders of fire safety officials and that such slopes retain their native root stock or are planted with native vegetation having a low fuel content, and provided further that the natural landform is not reconfigured.

9.190.050 Application Requirements

In addition to the application requirements of Chapter 9.80 (Plot Plans), unless otherwise waived by the Community Development Director, all of the following shall be submitted with a plot plan application for development on steep slopes, hillsides or ridgelines:

A.Plot Plan. A site plan drawn to scale by a California-licensed land surveyor or registered civil engineer, showing the location of all existing peaks, ridgelines, hills, hillsides and other significant landforms including rock outcroppings, all areas within 200 feet of a peak or ridgeline, the location of all existing watercourses, the location of all existing vegetation including oak trees and the type and quantity thereof, the location of all existing and proposed agricultural areas, the location of all existing and proposed dwellings and the location of all existing and proposed accessory facilities.

B.Grading Plan. A grading plan, including a blasting permit, if necessary, subject to the requirements of Title 8 (Grading Ordinance) of the Menifee Municipal Code.

C.Topographic Map. A topographic map of the site, drawn to scale by a California-licensed land surveyor or civil engineer, showing all the items referenced in Subsection A (Plot Plan) of this section. The scale on the topographic map shall be no smaller than 1 inch equals 100 feet, with contour intervals not exceeding 10 feet.

D.Slope Analysis. A slope analysis of the site showing the following slope categories: 0–24% grade, 25–34% grade, 35–50% grade and over 50% grade prepared by a licensed land surveyor or a registered engineer. If the site contains steep hillsides but does not have 50 feet of vertical elevation, an off-site analysis of the adjacent property(ies) must be made to determine whether the steep hillsides on the subject site are part of a steep hillside system that extends off-site and exceeds the 50-foot elevation.

E.Utility Plan. Underground utility plan.

F.Biological Report. A biological report for the site addressing the topics enumerated in subsection G (Conservation Required) of this section.

G.Conservation Required. For any project for which a hillside development plot plan is required by this section, evidence that it is designed to protect wildlife habitat areas, biological corridors, native plants and plant communities, and where practicable, support interconnected, contiguous Item Title: 11.3
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August 17, 2022
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Menifee, CA | Development Code Article 4, Page 9.190-3 and integrated open space systems within an area, particularly when located contiguous to open space preserve areas.

H.Cultural Report. A cultural resources assessment prepared by a qualified archeologist.

I.Photo Survey. Photographs of the portion(s) of the site that would be disturbed taken from each corner of the site and from all vantage points deemed appropriate by the Community Development Director of Planning.

J.Erosion and Sedimentation Control Plan. A proposed erosion and sedimentation control plan showing and describing interim and ultimate erosion and sedimentation control measures.

K.Landscape and Restoration Plan. A proposed landscape and habitat restoration plan, including a restoration time schedule, showing and describing how the site would be landscaped and repaired and how the natural conditions of the site would be replicated. A qualified biologist shall prepare the habitat restoration plan.

L.Architectural Plans. A proposed architectural plan showing how primary and accessory structures would be constructed.

M.Lighting Plan. A proposed exterior lighting plan showing how primary and accessory structures, and landscaping would be illuminated.

N.Visibility Analysis. A line of sight visual analysis.

O.Fuel Modification Plan. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006.

9.190.060 Development Standards

Development that proposes encroachment into steep slopes, hillsides or ridgelines, or that does not qualify for an exemption pursuant to Section 9.190.030 (Exemptions) is subject to the following regulations and the Menifee Steep Hillside Guidelines.

A.Land Disturbance. No disturbance of steep slopes, hillsides and ridgelines shall be permitted except in conformance in all respects with an approved plot plan that details the proposed land disturbance meeting all of the following requirements.

1. Areas situated within 200 feet horizontally and 50 feet vertically of a hilltop or ridgeline shall not be disturbed.

2. The horizontal distance between a natural or graded steep slope and a roof, or portion thereof, shall not be less than 20 feet.

3. The maximum height of a graded slope in areas of natural steep slopes, hilltops or ridgelines shall not exceed 30 feet.

4. The use of blasting for road construction or pad grading shall be strongly discouraged and alternate construction techniques shall be used if feasible. Site disturbance and grading shall be kept to a minimum.

5. The maximum encroachment that may be permitted into steep slope lands shall be as set forth in Table 9.190.060-1- MaximumMaximimum Steep Slope Encroachment. This encroachment may be further reduced due to environmental concerns or other design criteria.

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Menifee, CA | Development Code Article 4, Page 9.190-4 Table 9.190.060-1-Maximimum Maximum Steep Slope Encroachment Percentage of Lot in Steep Slope Lands Maximum Encroachment as Percentage of Area in Steep Slope Lands
75% or less 10%
> 75% and ≤ 80% 12%
> 80% and ≤ 85% 14%
> 85% and ≤ 90% 16%
> 90% and ≤ 95% 18%
> 95% and ≤ 100% 20%
An additional 2% may be added to the maximum encroachment allowance for projects where the existing development area is not contiguous, and access to the entirety of the development area is not otherwise available; or the existing development area does not have direct access to a public right-of-way.

6. Land disturbance shall conform in all respects with the erosion and sedimentation control plan approved by the Community Development Director or City Engineer.

7. All development occurring in steep hillsides shall incorporate the design standards identified in the Menifee Design Guidelines, Hillside Development, as deemed appropriate by the approving authority.

B.Height.

1. No dwelling, building or structure shall have more than two stories.

2. On a level building pad, the maximum height of a dwelling, building or structure shall be measured from the foundation.

3. On a terraced building pad, the maximum height of a dwelling, building or structure shall be 40 feet measured from the lowest finished floor level, excluding any basement areas.

C.Cluster Development Subdivision. Cluster development subdivision pursuant to Chapter 9.170 (Cluster Development Subdivisions) is encouraged as a method to avoid and minimize disturbance of steep slopes, hillsides and ridgelines for residential subdivisions.

D.Subdivisions.

1. Each newly created lot within a subdivision shall include some portion that does not contain steep hillsides that will serve as the location (or future location) of development on the lot.

Such unconstrained area shall be sufficient in size to accommodate a reasonable development without requiring additional encroachment into steep hillsides.

Item Title: 11.3
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Menifee, CA | Development Code Article 4, Page 9.190-5

2. If additional encroachment is desired for development area on an individual lot, the maximum permissible encroachment area calculation will be based on the original subdivision and not the individual lot. If the individual lot has an encroachment area that is less than the maximum percentage of the lot area, additional encroachment into steep hillsides on the lot will only be permitted if and to the extent that the encroachment area of the original subdivision was less than the maximum allowed area of the original unsubdivided premises.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 50
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August 17, 2022
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Menifee, CA | Development Code Article 4, Page 9.195-1 Chapter 9.195 Landscaping Standards

9.195.030 Landscape and Irrigation Plans

When this chapter is applicable to new parks, projects or existing development, as identified in Section

9.195.020 (Applicability), preliminary and final landscape plans shall be submitted in accordance with the requirements of this chapter, including City's Landscape Standards and Park Development Design Standards, and review of such plans shall be conducted as part of the approval process.

A.Preliminary landscape and irrigation plan. A preliminary landscape and irrigation plan shall be submitted to the designated approving authority as part of the discretionary review process. This plan must show a water budget that includes the estimated water use (in gallons), irrigated area (in square feet), precipitation rate and flow rate in gallons per minute, square feet of impervious materials, and stormwater infrastructure locations, as well as conceptual locations for trees, shrubs, ground cover, etc. A corresponding list of planting material by species (using common and scientific name), quantity and size shall be included.

B.Final landscape and irrigation plan. After a preliminary landscape and irrigation plan has been approved by the designated approving authority, a final landscape and irrigation plan shall be submitted to the Community Development Department. For landscaping in public easements or ROW, the final landscape and irrigation plan shall be submitted to the Public Works and Engineering Department, in conjunction with improvement plans. The final landscape planting and irrigation plans shall be prepared by a registered licensed landscape architect and shall be in substantial compliance with the preliminary landscape and irrigation plan approved by the designated approving authority. Final plans shall show the location of and irrigation for trees, shrubs and ground cover. The final landscape plan shall include, at a minimum, plant name (providing both common and scientific name), plant quantity, plant size, location of permeable surfaces, utilities and lighting, irrigation system and plans for tree retention and removal where applicable. For landscainglandscaping in public easements or ROW, when, allowed at the discretion of the Engineering and Public Works Director due to unforeseen circumstances, the installation of the plants, irrigation system and/or other items shown on the final landscaping plan are not installed as illustrated, prior to final inspection an "as- built" plan shall be submitted to document the actual location of installation. The final landscape plan shall also include a water budget that identifies the estimate water use (in gallons), irrigated area (in square feet), precipitation rate and flow rate in gallons per minute.

C.Concept park plans. Preliminary park plans, inclusive of landscaping and irrigation plans, shall be submitted to the designated approving authority as part of the discretionary review process. This plan must show the basic design of the proposed park, whether public or private, parking areas, active and passive activity areas, areas left natural, and drainage and dual use areas, as well as other information as required by the Community Services Department.

9.195.040 Landscape Requirements

The requirements listed below apply to special types of landscaping. However, in any wildland-urban interface fire area, the Riverside County Fire Department/Cal Fire requirements shall prevail.

A.Residential landscape. See Section 9.195.050 (Additional Requirements for Residential Areas).

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 51
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Menifee, CA | Development Code Article 4, Page 9.195-2 B.Substantial landscaping. All required landscaped areas and planters, unless utilized for other purposes such as Water Quality compliance with the governing jurisdiction, shall be landscaped with a mix of trees, shrubs, perennials, ornamental grasses, vines and ground cover to create a dense and layered design. A substantial quantity of plants shall be planted. Drought -tolerant plants shall be used within all landscaped areas to augment the aesthetic and decorative nature of the planted area. Drought- tolerant plants shall augment, but not completely substitute for, other floral arrangements unless specifically approved by the approval authority.

C.Decorative materials. Decorative materials such as mulch, decomposed granite, bark and drought- tolerant plants, as well as non-living inert material (rock, cobbles, decorative stone, etc.), may be used within any landscape area required by this chapter upon approval by the approval authority.

D.Project entry landscaping. Entries to projects (both residential and nonresidential) shall be designed as a special statement reflective of the character and scale of the project to establish identity for tenants, visitors and patrons. Irrigated, flowering accent plantings, decorative drought- tolerant annuals (to be replaced as needed for maintenance) and specimen trees shall be used to reinforce the entry statement.

E.Trees adjacent to building walls. With the exception of single-family housing developments, trees shall be planted in areas of public view adjacent to structures at a rate of one tree per 30 linear feet of building dimensions, particularly to interrupt expansive horizontal and vertical surfaces.

Tree clusters may be used to satisfy specific design objectives.

F.Screening of drive-through aisles. To shield vehicles and associated headlights in a drive-through lane from view of abutting street rights-of-way, a minimum 5-foot -wide planter shall include a minimum 3-foot-tall (maximum 4-foot-tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. Trimming and pruning of the landscape barrier shall be performed in a manner that maintains the shielding of vehicle headlights in the drive-through lane from adjacent street rights-of-way. The landscape barrier site design shall not preclude or impede safe and secure ingress and egress from the facility while providing screening from the public right-of-way.

G.Screening of outdoor equipment. Screening is required according to Chapter 9.185 (Fences, Walls and Screening).

A.Public and Pedestrian spaces. Public and Pedestrian space landscaping shall include a combination of shade trees and pedestrian shading devices (e.g., canopies, awnings, umbrellas) placed so as to cover 50% of the total space with a shade canopy within 15 years of securing the building permit.

B.Signs. Landscaping shall be provided at the base of the supporting structure of freestanding signs equal to the area of one face of the sign except as otherwise allowed by the approval authorityCommunity Development Director. For example, 50 square feet of sign area requires 50 square feet of landscaped area. The approval authorityCommunity Development Director may reduce this ratio during formal project review if found necessary and/or appropriate for the overall design of the proposed project. Such landscaping shall be appropriately irrigated and shall include floral arrangements that include drought- tolerant annuals and perennials that are designed to facilitate maintenance as well as to enhance aesthetic quality.

C.Buffering between uses. A landscape buffer shall only be used between land uses when residential uses are located next to non-residential uses or when necessary, as determined by the designated approving authority. A landscaping strip with a minimum width of 5 feet shall be installed adjacent to a screening wall, except that a minimum of 6 feet of landscaping (with trees) shall be provided between a parking lot and a screening wall.

Item Title: 11.3
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August 17, 2022
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Menifee, CA | Development Code Article 4, Page 9.195-3 D.Sound walls/masonry walls. Where setback and open space areas are screened from public view by walls or similar approved structures, landscaping shall be provided so that 50% of the wall will be covered by landscape material within three years. See Chapter 9.185 (Fences, Walls, and Screening).

E.Existing trees. Mature trees on the site in good health shall be preserved whenever possible. Credit for the preservation of existing trees shall be as specified in Section 9.200.030.C (Credit for Tree Preservation).

F.Parking lot landscape. Parking lot landscape includes perimeter planters, planters abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers and parking islands throughout the parking lot. All landscaped areas, including those with drought-tolerant plants, shall be irrigated. Landscape requirements applicable to all commercial, industrial, mixed-use and multi-family parking lots with five or more spaces are listed below. See Chapter 9.240 (Motor Vehicle and Related Uses) for superseding standards, requirements and exceptions.

1. Maintenance. All landscaped areas, whether populated with drought-tolerant plants, other species or decorative materials such as mulch, decomposed granite, bark or other non-living inert materials (rock, cobble, decorative stone, etc.), shall be maintained in a clean, weed-free and disease-free manner as specified in this chapter and as reviewed, approved and installed (per City inspection) at all times.

2. Trees required. Trees are required to be planted at a rate of one tree for every four parking stalls. At maturity, trees should reach a minimum height and spread of 40 feet so as to form a shade canopy over parking stalls. Smaller ornamental trees may not be used to satisfy this requirement. Tree selections shall be approved by the Community Development Department.

3. Minimum landscape. A minimum of 10% of the total off-street parking area shall be landscaped with trees, shrubs and appropriate ground cover. The parking area shall be computed by adding the areas used for access drive aisles, stalls, maneuvering and landscaping within that portion of the premises devoted to vehicular parking and circulation.

4. Minimum Parking Lot Shading Requirements. Parking area landscaping shall include shade trees unless otherwise approved by the approval authority, so as to provide for adequate shade canopies within 15 years of age as follows:
a. 30% for Parking Lots with between 5-24 parking stalls b. 40% for Parking Lots with between 254-429 parking stalls c. 50% for Parking Lots with more than 50 parking stalls

5. Perimeter strip. Unenclosed parking facilities shall provide a perimeter landscaped strip at least 5 feet wide (inside dimension) where the facility adjoins a front, side or rear property line. The perimeter landscaped strip may include a landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site or parking facility.

6. Screening. All surface parking areas shall be screened from streets and adjoining properties, and the open space areas between the property line and public street right-of-way shall be landscaped with berms, swales, trees, shrubs and ground cover (or a combination thereof).

7. Location. Parking lot landscaping shall be located so that pedestrians are not required to cross unpaved areas to reach building entrances from parked cars (see Figure 9.195.040-1, Parking Lot Landscaping ).

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 53
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August 17, 2022
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Menifee, CA | Development Code Article 4, Page 9.195-4

8. Planter design. All parking lot planters shall be designed to meet the following minimum requirements (see Figure 9.195.040-1, Parking Lot Landscaping):
a. Planters shall be separated from maneuvering and parking areas by a 6-inch raised concrete curb or equivalent.
b. Tree planting wells located at the front of parking stalls shall contain a minimum of 25 square feet, and the smallest inside dimension shall not be less than 5 feet. c. Landscape planters along the sides of parking stalls shall be a minimum 5 feet wide, the same length as the adjacent parking space, and shall contain a 12-inch-wide concrete monolith pour or curb and "step-out." in addition to the planter width. The length of the planter shall be, at a minimum, the same as the adjacent parking space.

9. Please see the City of Menifee Landscape Standards Design Guidelines for additional applicable standards for parking lot landscaping.

Figure 9.195.040-1 Parking Lot Landscaping
Item Title: 11.3
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Menifee, CA | Development Code Article 4, Page 9.215-1 Chapter 9.215 Parking and Loading Standards

9.215.040 Development Standards

In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements for the various uses computed separately unless shared parking is approved.

The following Table 9.215.040-1, Parking Requirements, is designed to allow calculation of parking spaces required for the uses shown.

Table 9.220.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
General Commercial/Retail Uses
Automobile repair and service
shops/stations
1 space per 150 sq. ft.
gross floor area (not including
building for service bays)
4 spaces per service
bay
Banks and financial institutions 1 space per 250 sq. ft. gross floor area
Stacking for 6 vehicles
prior to the drive-up
window
Furniture and home furnishing
stores
1 space per 750 sq. ft. of sale
or display area
Clubs, discos, ballrooms,
cabarets, cocktail lounges,
dance halls, lodges &
incidental dancing areas, and
similar facilities where dancing
is the principal use
1 space per 30 sq. ft. of dance
floor area
General retail 3 spaces per 1,000 sq. ft. of
gross floor area
See 9.220.040.A.1
below
Personal Services (barber,
beauty, nails, etc.)
1 space per 150 sq. ft.
gross floor area
Professional business offices 3 spaces per 1,000 sq. ft. of floor area
Restaurants or similar use,
including drive-through
8 spaces per 1,000 sq. ft. of
gross floor area
1 space per
2 employees
Stacking for 6 vehicles
prior to the menu
board, or as required
by a traffic impact
assessment
Self-Storage, public storage
facilities
2 spaces per
3 employees
Recreational Uses
Amusement parks including
multiple activities (such as
simulated flying, racing, and
mini gold etc.), and arcades
1 space per 250 sq. ft. of gross
floor area
Item Title: 11.3
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DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-2 Table 9.220.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Auditoriums, event centers,
bingo operations, and assembly
areas, including live
entertainment
1 space per 30 sq. ft. of net
assembly area 1 space per 3 seats
Billiard and pool rooms, bowling
alleys
1 space per 250 sq. ft. of gross
floor area
Game courts, badminton,
tennis, racquetball 1 space per court
Golf Course 4 spaces per hole
Golf driving ranges (not in
association with full-scale
course)
1 space per tee
Health and Fitness
clubs/gymnasiums, indoor
1 space per 200 sq. ft. of gross
floor area
Parks and recreational areas,
private
1 space per 8,000 sq. ft. of
active recreational area within
a park or playground
1 space per acre of
passive recreational
area within a park
or playground
Sports and recreational facilities
(not including motor driven
vehicles and riding academies,
but including archery ranges,
athletic playgrounds, athletic
fields, sports arenas, skating
rinks, stadiums, and commercial
swimming pools)
1 space per 30 sq. ft. of net
assembly area
Theaters 1 space per 250 sq. ft. of gross
floor area 1 space per 3 seats
Industrial Uses
Industrial uses
1 space per 250 sq. ft. of
office area, PLUS 1 space per
500 sq. ft. of fabrication area,
PLUS 1 space per 1,000 sq. ft.
of storage area, AND 1 space
per 500 sq. ft. of floor plan
which is uncommitted to any
type of use
Manufacturing or repair plants
maintaining more than one shift
of workers Research and
Development
1 space per 2,000 sq. ft. of
gross floor area1 space per
300 sq. ft. of gross floor area
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 56
Menifee Mayor and City Council
August 17, 2022
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DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-3 Table 9.220.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Warehouse, Logistics and
Distribution Facility used
exclusively for storage
1 space per 1,000 sq. ft. of
gross floor area of warehouse,
plus 1 space per 300 sq. ft. of
office use 1 space per 1,000
sq. ft. of gross floor area for
the first 100,000 sq. ft.; 1
space per 1,500 sq. ft. for any
additional gross floor area
between 100,000 to 500,000
sq. ft.; 1 space per 2,000 sq.
ft. of additional gross floor
area over 500,000 sq. ft.; plus
1 space per 300 sq. ft. of
office use
Fulfillment Center
subject to parking
study
Residential Uses
Single-family 2 spaces per dwelling unit
Duplex (two-family dwelling) 2 spaces per dwelling unit Multiple-family: single bedroom
or studio 1.00 spaces per unit
Multiple-family: two bedrooms 1.50 spaces per unit
Multiple-family: three or more
bedrooms 2.50 spaces per unit 1 space per
employee
Planned residential
development: single-bedroom
or studio

1.25 spaces per unit
Planned residential
development: two or more
bedrooms

2.5 spaces per unit
Senior citizen development 1.25 per unit
Mobile home park
2 spaces per travel trailer or
mobile home space; spaces
may be tandem
1 guest space per 8
mobile home
spaces
Accessory dwelling unit (ADU) See 9.300.020 See 9.220.040.A.4 below See 9.300.020
Multi-family and Mixed Use
Residential guest 1 space per each 10 dwelling
units
Lodging Uses
Boarding houses, lodging or
rooming houses, dormitories,
fraternity and sorority houses
1 space per guest
room
Hotels and motels
1 space per guest
room PLUS 1 space
per 300 sq. ft. of
meeting/conference
or ballrooms
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 57
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August 17, 2022
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Menifee, CA | Development Code Article 4, Page 9.215-4 Table 9.220.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Recreational vehicle 1 space per recreational
vehicle site
1 visitor space per 5
recreational vehicle
sites
Medical Uses
Assisted living and community
care facilities
1 space per
3 employees
1 space per 3 beds,
PLUS 1 space per
vehicle owned and
operated by the
institution
Hospitals
1 space per
staff
member of
largest shift
1 space per 2
patient beds, PLUS
1 space per vehicle
owned and
operated by
hospital or clinic
Offices, clinics, including but not
limited to medical, urgent care,
eye care, dental and
chiropractic
1 space per 200 sq. ft.
of net leasable floor area
Small animal hospitals and
veterinary services (no outdoor
facilities)
1 space per 300 sq. ft.
of gross floor area
Civic/Religious Institutions
Art gallery, library, reading room,
museum
1 space per 400 sq. ft.
of gross floor area
1 space per 2
employees
Cemeteries 1 space per 50 sq. ft
of net assembly room area
1 space per
employee
1 space per vehicle
operated on the
grounds by the
proprietary
institution
Funeral parlor, mortuary with
crematorium
1 space per 50 sq. ft.
of net assembly area
1 space per
employee
Religious institutions
1 space per 50 sq. ft.
of net assembly area
used simultaneously
for assembly purposes
Public Utilities
Public utility substations and
storage buildings
1 space per
2 employees
1 space per vehicle
kept in connection
with the use
Educational Institutions
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 58
Menifee Mayor and City Council
August 17, 2022
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DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-5 Table 9.220.040-1 Parking Requirements
Use Per Square Foot or Unit
Per
Employee
or Student
Other Criteria For Vehicle Stacking
Day care centers, including
nurseries and preschools
1 space per
2 employees
PLUS 1 space
per 5
children
based on
facility
capacity
Elementary and junior high
schools

1.5 spaces per classroom PLUS
1 space per 5 fixed seats in
auditorium, gymnasium, or
similar public assembly facility
Loading/unloading
space for at least 2
school buses, or as
required by a traffic
impact assessment
High schools 8 spaces per classroom
Loading/unloading
space for at least 2
school buses
Colleges, universities, business
colleges, commercial schools
1 space per
employee
PLUS 4
spaces per
10 students
based on
maximum
classroom
capacity
Trade and vocational schools 1 space per 35 SF or
instruction gross floor area OR
2 spaces per
3 people
based on
maximum
number of
students and
staff
A.Conditions and Exceptions. The following are conditions and exceptions to the requirements of Table 9.215.040-1, Parking Requirements.

1. Existing, permitted, non-residential uses on lots less than 6,500 square feet are exempt from the parking requirements.

2. Up to 2,500 square feet of floor area of non-residential uses in existing vertical mixed-use buildings are exempt from the parking requirements.

3. No minimum requirement for residential or mixed-use reuse of listed historic structures.

4. Multi-family and mixed-use guest parking. Guest parking spaces shall be distributed throughout multi-family development sites and the residential portion of the mixed-use development in a manner that allows an ease of use between the guest space and the location of the residential units. Guest spaces shall be marked as such and shall remain available for visitors to the property. In mixed use projects, these spaces are not to be used as additional Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 59
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Menifee, CA | Development Code Article 4, Page 9.215-6 parking for permanent residents or count towards required commercial parking within a mixed commercial/residential development.

5. Unless otherwise specified, all parking must be within 600 feet of the use served, on the same parcel as the use or on an adjoining appropriately zoned parcel.

6. All vehicle storage (stacking) spaces shall be located off-street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area. See Section 9.240.090 Drive-Through and Drive-In Facilities for stacking space dimensions.

7. Commercial parking stalls shall be within a building or screened with a combination of walls and landscaping. An alternative screening structure/device may be approved by the approval authority.

8. Residential parking requirements set forth in this Chapter shall be provided within a parking structure or enclosed one- and two-car garages, except that for multiple family residences, condominiums, planned residential developments and senior citizen planned residential developments, at least one of the required parking spaces per unit shall be located in a garage or carport. Parking spaces shall be assigned to each individual unit. Individual one- and two- car garages shall maintain a minimum clear parking area of not less than 10 feet by 20 feet for a one-car garage and not less than 20 feet by 20 feet for a two-car garage. No storage cabinets, areas designated for trash cans or recyclable containers, or mechanical equipment, including but not limited to, water heaters, utility sinks or washers and dryers, shall encroach into the required parking area.

9. The total number of required parking spaces may be reduced by the amount necessary to accommodate electric vehicle charging stations (EVCS), if the EVCS and associated equipment interferes with, reduces, eliminates, or in any way impacts the required parking spaces for existing uses (for additional EVCS provisions, see Section 9.220.100 Electric/Alternative Fuel Vehicle Parking).

B.Layout Design Standards.

1. Location of Parking Areas
a. No parking space shall be located within 3 feet of any property line. b. No parking space on a driveway providing direct access to a street shall be located closer than 30 feet from the property line at the right-of-way.

C.Parking Space Specifications.

1. The location and dimensions of parking spaces and aisles adjacent to parking spaces shall be provided in accordance with Table 9.215.040-2, Dimensions of Parking Spaces and Aisles.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 60
Menifee Mayor and City Council
August 17, 2022
Page
637 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-7 Table 9.215.040-2 Dimensions of Parking Spaces and Aisles Parking
Angle
Stall
Width
(feet)
Stall
Length
(feet)
Stall
Width
Parallel
to Curb
or Wall
(feet)
Parking
Space
Depth
to Wall
or Curb
(feet)
Parking
Space
Depth to
Interlock
(feet)
Maneuvering
Aisle Width
(feet)(1)
Wall/Curb
to Interlock
Double Bay
(feet)
Wall to
Wall
Double
Parking
Bay
(feet)
Interlock
to
Interlock
Double
Bay (feet)
Figure
Label A B C D E F G Not
Shown H
90 o 9.0 18.0 9.0 18.0 18.0 24.0 60.0 60.0 60.0
75 o 9.0 18.0 9.5 19.5 18.5 21.0 59.0 60.0 58.0
60 o 9.0 18.0 10.5 20.0 17.75 17.5 55.25 57.5 53.0
45 o 9.0 18.0 13.0 19.0 15.75 15.0 49.75 53.0 46.5
0 o 9.0 22.0 NA 9.0 22.0 12.0 43.0 33.0 NA
(1) Aisles used for fire access shall not be less than 24 feet in width. Aisle widths below 24 feet can only be used for one-way traffic.

Figure 9.260.040-2 Reference Drawing for Minimum Parking Dimensions

2. The width of driveways for one-family and two-family dwellings shall be 12 feet, and 24 feet for all other multifamily and non-residential uses, except as otherwise modified by the approval authority. All driveways located within a road right-of-way shall be approved by the City Engineer. Where parallel parking is allowed, the minimum width shall be increased by 8 feet for parking on one side and by 16 feet for parking on both sides.

3. Stub streets in excess of 150 feet shall have a minimum 45-foot radius turnaround at the end, or as otherwise approved by the Riverside County Fire Department/Cal Fire.

D.Off-Street Parking Area Striping
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 61
Menifee Mayor and City Council
August 17, 2022
Page
638 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-8

1. If five or more parking spaces are provided, each space shall be clearly marked with white paint or other easily distinguishable material.

2. If ten or more parking spaces are provided and one-way aisles are used, directional signs or arrows painted on the surface shall be used to properly direct traffic.

E.Drainage

1. All parking areas, including driveways, shall be graded to prevent ponding and to minimize drainage runoff from entering adjoining properties.

F.Curbs, Bumpers, Wheel Stops or Similar Devices

1. Public parking areas shall be equipped with permanent curbs, bumpers, wheel stops or similar devices so that parked vehicles do not overhang required walkways, planters or landscaped areas.
a. If the method used is designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than 2 feet from the edge of any required walkway, planter or landscaped area, or from any building. b. The innermost 2 feet of each parking space, between the wheel stop or other barrier, and any required planter or walkway, may either be paved or be planted with low ground cover.

2. This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement(s).

G.Lighting

1. Parking area lighting is not required. However, if parking areas are lighted, such lighting facilities shall be located to prevent lights from shining directly onto adjoining properties or streets.

2. Parking area lighting shall be of an energy-efficient type. Parking area lighting shall be consistent with Chapter 9.205, Lighting Standards and Chapter 6.01, Dark Sky Lighting Requirements of the Menifee Municipal Code.

H.Walls

1. All paved parking areas, other than those required for single-family residential uses, which adjoin property zoned residentially, shall have a 6-foot-high solid masonry wall with an anti- graffiti coating installed to preclude a view of the parking area from such adjoining property.

However, any walls within 10 feet of any street or alley shall be 30 inches high.

I.Loading Space Requirements

1. On each lot used for manufacturing, storage, warehousing, goods display, a department store, a wholesale store, a market, a hotel, a hospital, a laundry, dry cleaning or other uses which involve the receipt or distribution by vehicles of materials or merchandise, adequate loading space for delivery vehicle stacking and for loading activities shall be provided and maintained.

The loading space and delivery vehicle stacking area shall be located and designed so as to avoid undue interference with parking, or the public use of streets and alleys.

2. Each required loading space shall be ten feet wide, twenty-five feet long, and fourteen feet of unobstructed vertical height.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 62
Menifee Mayor and City Council
August 17, 2022
Page
639 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-9

3. Turning Radius. All loading areas shall be provided with an adequate turning radius. An adequate turning radius means one which will enable a vehicle to maneuver into and out of the loading area without backing onto a street or highway.

4. Screening shall be provided consistent with Chapter 9.185, Fences, walls and screening.

MINIMUM NUMBER OF LOADING SPACES
Gross Floor Area (square feet) Number of Loading Spaces 7,499 or less 0
7,500 to 14,999 1
15,000 to 24,999 2
25,000 to 39,999 3
40,000 to 59,999 4
60,000 to 79,999 5
80,000 to 100,000 6
For each additional 100,000 6 plus 1
J.Parking for Persons with Disabilities
Parking spaces shall be provided for access by persons with disabilities in accordance with California Code of Regulations, Title 24.

K.Bicycle Parking Facilities

1. Bicycle Parking Facility Classifications. Bicycle parking facilities shall be classified as follows:
a. Class I. Covered, lockable enclosures with permanently anchored racks for bicycles. b. Class II. Lockable bicycle rooms with permanently anchored racks, where the bicyclist supplies only a padlock.
c. Class III. Lockable, permanently anchored bicycle racks, where the bicyclist supplies a padlock and chain or cable to secure the bicycle to the stationary object, typically a cement slab or vertical metal bar.

2. Bicycle Parking Requirements.
a. Minimum Bicycle Parking Facilities. The minimum bicycle parking shall be provided per Table 9.215.040-5, Bicycle Spaces for Bicycle Parking Facility Class.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 63
Menifee Mayor and City Council
August 17, 2022
Page
640 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-10 Table 9.215.040-5 Bicycle Spaces for Bicycle Parking Facility Class Bicycle Spaces for Bicycle Parking Facility Class
Facility
Class INDUSTRIAL RESTAURANTS AND

COCKTAIL LOUNGES

COMMERCIAL, OFFICE

AND SERVICE USES NOT

OTHERWISE LISTED
Multi-Family
Employees
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I or Class II
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I or Class II
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I or Class II
A minimum of 2 bicycle
spaces required.

Type: Class I, II, or III
Patrons or
visitors Type: N/A
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I, II or III
1 bicycle space for every
25 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I, II, or III
N/A
Tenants N/A N/A N/A
1 bicycle space for every
20 parking spaces
required. A minimum of 2
bicycle spaces required.

Type: Class I, II, or III
NOTES:

1.Where the application of the provisions in the above table results in the requirement for a fraction of a bicycle parking space, such a space need not be provided unless the fraction exceeds 50 percent.

2.Where the application of the provisions in the above table results in the requirement of fewer than six employee spaces, Class II racks need not be placed within an enclosed lockable area. b. Design Standards. Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle and the locking device when the facilities are occupied. General space allowances shall include a 2-foot width and a 6-foot length per bicycle and a 5-foot-wide maneuvering space behind the bicycle. The facilities shall be located on a hard, dust-free surface, preferably asphalt or concrete. c. Exemptions. Requests for exemptions from bicycle parking requirements shall be made in writing to the approval authority.
i. Exemptions from bicycle parking requirements shall be submitted and processed concurrently with the project application.
ii. Exemptions may be granted depending upon the location of the site with respect to an urbanized area, the nature and hours of operation of the proposed use, and the accessibility of the site by bicycle at present and in the future.

9.215.070 Alternative Programs for Parking

A. A residential, commercial or industrial project may provide for alternative programs which reduce parking demand in return for a reduction in the number of off-street parking spaces required.

Parking reductions can be combined for a maximum reduction of 15% of the required parking standard unless stated otherwise.

B. Alternative programs that may be considered by the approval authority under this provision include, but are not limited to, the following:

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 64
Menifee Mayor and City Council
August 17, 2022
Page
641 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-11

1. Private Carpool/Vanpool Operations. Office or industrial developments which guarantee preferred parking spaces to employees who participate regularly in a carpool or vanpool may have their parking requirement reduced by 2 parking spaces for every one space which is marked for a carpool or vanpool at a preferred location.

2. Mass Transit. Developments which are located within 150 feet of a mass transit facility may have their parking requirement reduced by 2% of the total number of required parking spaces.

3. Bicycle Parking. Developments which provide secured bicycle parking facilities exceeding the minimum requirement may reduce the number of required parking spaces by one vehicle space for every three additional bicycle spaces provided.

4. Shared Parking Requirements. The approval authority may, upon application by the owner or lessee of any property, authorize shared use of parking facilities under the following conditions:
a. Sufficient evidence shall be presented to the approval authority to demonstrate that no substantial conflict in the principal hours or periods of peak demand will exist between the uses or structures which propose to share parking.
b. The building or use for which an application for shared parking is being made shall be located within 300 feet of the parking area to be shared. c. No more than 50% of the parking space requirement shall be met through shared parking. d. Parties sharing off-street parking facilities shall provide evidence of a reciprocal parking agreement for such joint use by a proper legal instrument recorded in the office of the County Recorder with the number of copies as required and thereof filed with the City Clerk.

5. Roadway Improvements and/or Dedications. A commercial/industrial project that provides roadway improvements that exceed the improvements required by this Code and/or improvements recommended by an eligible traffic study may be eligible for up to a 5% reduction to parking required by this Chapter 9.220. Eligibility for a reduction in required parking pursuant to this Paragraph shall be determined by the Community Development Director and Public Works Director in their sole discretion.

6. Lot Consolidation. Developments involving lot consolidation and the elimination of existing legal non-conforming uses/structures/properties totaling a minimum of 5 gross acres may be eligible for up to a 5% reduction to parking required by this Chapter 9.220, provided that the adequacy of the proposed parking can be demonstrated in a parking study approved by the Community Development Director and Public Works Director. Eligibility for a reduction in required parking pursuant to this Paragraph, and the amount of said reduction, if any, shall be determined by the Community Development Director and Public Works Director in their sole discretion.

7. Renewable Energy. A commercial/industrial development that installs a solar photovoltaic (PV) system or otherwise acquire energy from a local utility that has been generated by renewable sources, sufficient to power 100% of the anticipated initial improvements for the facility may be eligible for up to a 5% reduction to parking required by this Chapter 9.220.

Each building shall include an electrical system and other infrastructure sufficiently sized to accommodate the PV arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. Documentation shall be submitted for review and approval by the Community Development Director prior to approval for this renewable Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 65
Menifee Mayor and City Council
August 17, 2022
Page
642 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.215-12 energy incentive. Eligibility for a reduction in required parking pursuant to this Paragraph, and the amount of said reduction, if any, shall be determined by the Community Development Director and Public Works Director in their sole discretion.

8. Landscape Setback. Industrial developments that provide additional front yard landscaping (along the entire frontage) beyond the first 25 feet may reduce required parking as follows:
a. 1% for additional 5 feet
b. 3% for additional 10 feet
c. 5% for additional 15 feet
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 66
Menifee Mayor and City Council
August 17, 2022
Page
643 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-1 Chapter 9.220 Sign Regulations

9.220.040 Prohibited Signs

The signs listed in this section are inconsistent with the purposes and requirements of this chapter and as such are prohibited in all zoning districts, unless specifically authorized by another provision of this chapter.

A. Any sign inconsistent with the requirements of this chapter.

B. Roof signs or signs placed above the roofline, except if allowed as part of an approved master sign program.

C. Blinking and flashing signs.

C. D. Can signs.

D. E. Pennants, banners, A-frame ("sandwich board") signs, and flags displaying a commercial message unless allowed through a temporary sign permit.

E. F. Signs which are mobile, rotate or move, except if allowed as part of an approved master sign program.

F. G. Signs which block a pedestrian path of travel.

G. H. Obscene or unlawful advertising.

H. I. Off-site commercial signs, except as provided in Section 9.225.150 (Allowed Off-Site Signage).

I. J. Signs placed in the public right-of-way or affixed to an element or structure on the public right- of-way, or located on a tree, fence, utility pole or other item located on public property, except where required by a governmental agency.

J. K. Inflatable balloon signs, including, but not limited to, individual balloons, balloon strings and other inflatable objects made of a flexible material and inflated so as to be lighter than air, except if approved as part of a temporary sign permit for a property occupied by an auto center. This category also includes air-activated or air-blown signs and "air dancer" signs.

K. L. Neon-style signs with or without exposed tubing, except as otherwise permitted for commercially zoned property and as part of exempt window signage as described in 9.225.050.

L. M. Painted signs, such as signs painted on a fence, unless a noncommercial mural or part of a master sign program.

M. N. Signs affixed to vehicles or trailers that advertise or promote a business that are the primary purpose of the vehicle (e.g., rolling billboard). This prohibition does not apply to signs permanently affixed to the side of a business or commercial vehicle (e.g., vehicle wraps on a delivery or service vehicle) or to signs required by state or federal law (e.g., contractor's license number).

N. O. Signs attached to light standards unless part of a master sign program or the City's street banner program.

O. P. Signs affixed to or placed on a structure or property not owned by the person installing the signs without the written consent of the structure or property owner.

P. Q. Signs that are dilapidated, abandoned or in disrepair or dangerous condition.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 67
Menifee Mayor and City Council
August 17, 2022
Page
644 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-2 Q. R.Pole signs.

R. S. Any sign not expressly authorized pursuant to this chapter.

9.220.060 Application Process

A.Method of application. An application for a standard sign permit, temporary sign permit or master sign program shall be made on the form(s) prescribed by the Community Development Department. The application shall be accompanied by a fee in an amount established by resolution of the City Council.

B.Review authority. The Community Development Director, or his/her designee, shall be the review and decision-making authority for all sign permits required by this chapter, unless the sign permit application is accompanied by a variance request and/or is not exempt from review under the California Environmental Quality Act (CEQA). For sign permit applications accompanied by a variance request and/or that are not exempt from CEQA, the Planning Commission shall be the review and decision-making authority. In addition, the Community Development Director may, on a case-by-case basis, refer an application for a minor master sign program to the Planning Commission, in which case the Planning Commission shall be the review and decision-making authority for that application.

C.Processing of applications.

1.Completeness. The Community Development Director shall determine whether an application contains all the necessary information and items. If it is determined that the application is not complete, the applicant shall be notified personally or in writing., within 5 business days for temporary sign permits, 15 business days for standard sign permits and 30 business days for master sign programs, of the date of receipt of the application that the application is not complete and the reasons therefor, including a listing of any additional information necessary to render the application complete. The time frames set forth in this paragraph are subject to reasonable extension by the Community Development Director if notification from the City within such time frames is infeasible due to, for example, a holiday weekend.

2.Disqualification. A sign application shall not be approved if:
a. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application.
b. There is any other existing code violation on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the proposed sign(s). c. The application is substantially the same as an application previously denied, unless (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application. d. The applicant has not obtained any applicable required use permit.

D.Multiple sign applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 68
Menifee Mayor and City Council
August 17, 2022
Page
645 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-3 E.Temporary or standard sign permit issuance. The Community Development Director shall issue a temporary sign permit within 5 calendar days of an application being deemed complete if the Community Development Director determines the proposed signs are in conformance with the requirements of this code. The Community Development Director shall issue a standard sign permit within 30 calendar days of an application being deemed complete if the Community Development Director determines the proposed signs are in conformance with the requirements of this code.

F.Master sign program approval. The Community Development Director shall approve a master sign program, if exempt from CEQA and if no variance is required, if the Community Development Director determines the proposed signs are in conformance with the requirements of this code, and the design, location and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. The Community Development Director may impose conditions in order to ensure compliance with this chapter and to prevent an adverse or detrimental impact on the surrounding neighborhood. Community Development Director may approve deviation from the requirements of this chapter where deemed consistent with the intent of the chapter.

G.Form of decision. The Community Development Director's decision concerning a temporary sign permit, a standard sign permit or a master sign program shall be in writing and delivered to the applicant personally, electronically or via mail at the address provided on the application. The processing time periods set forth in this section may be waived by the applicant. If a decision is not rendered within the time periods described in this section, or as otherwise agreed to by the applicant, the application shall be deemed denied.

H.Permits issued in error or in conflict with this chapter. Any approval or permit issued in error may be summarily revoked by the City upon written notice to the holder of the reason for the revocation. Any permit or authorization of any type issued in conflict with the provisions of this chapter shall be null and void.

I.Inspections. Inspection and approval of foundations, as well as a building permit, are required when a sign includes a footing design. The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing, reinforcement method and the like. All signs subject to this permit requirement require final inspection and approval by both the Community Development Department and the Building and Safety Department.

9.220.130 Permanent On-Site Sign Standards

A.Purpose and intent. All permanent on-site signs, unless specifically exempt from permitting requirements under this chapter, require a sign permit as described in this chapter. Except as provided in divisions (d) through (h) of this section, permanent on-site signs shall be consistent with the standards listed in Table 9.220.130-1 (Signage Standards for Permanent On-Site Signs) as listed by base zoning district.

B.General sign development and design requirements. The following general design requirements shall apply to permanent on-site signs.

1.Design compatibility with building. Signs shall be compatible with the architectural style of the primary building or buildings on the site where the sign is located. Signs located on Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 69
Menifee Mayor and City Council
August 17, 2022
Page
646 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-4 commercial sites but in a predominantly residential area shall consider compatibility with such residential area. In determining whether a sign is compatible, the Community Development Director may consider the form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering.

2.Sign illumination. The artificial illumination of signs, either from an internal or external source, shall be designed so as not to cast stray light on surrounding rights-of-way and properties. The following requirements shall apply to all illuminated signs:
a. External light sources shall be directed and shielded to limit direct illumination of an object other than the sign.
b. The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign. c. Unless otherwise permitted by another requirement of this chapter, signs shall not have blinking, flashing or fluttering lights, or other illumination devices that have a changing light intensity, brightness or color.
d. Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices.
e. Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations, as well as with all applicable provisions of this code, including Chapter 6.01 (Dark Sky; Light Pollution).

C.Development and design standards for specific sign types. The following additional requirements shall apply to the specific sign types identified:

1.Awning, canopy and umbrella signs. Awning, canopy and umbrella signs may be permitted only as an integral part of the awning, canopy or umbrella to which they are attached or applied. They shall be considered wall signs for signage area calculation purposes; however, if the sign does not contain any text, it shall not be considered a sign for allowable signage area calculation purposes. Awning signs shall only be allowed for first- and second-story occupancies, and temporary signs shall not be placed on or attached to awnings, canopies or umbrellas unless authorized pursuant to a temporary sign permit.

2.Monument signs. Monument signs shall only be permitted as follows:
a. In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure are prohibited. Either the sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign shall be used to fill any voids.
b. Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is made of brick or brick veneer, a complementary monument sign would also include brick.
c. For monument signs in multitenant centers, the name of the center shall not be calculated in the maximum sign area. Rather, the name of the center shall have a separate maximum sign area of 8 square feet. All tenant signs shall have a minimum letter height of 8 inches. The maximum number of tenants is four tenants on each sign face.

The two sign faces of a monument sign are not required to be identical in terms of tenant identification.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 70
Menifee Mayor and City Council
August 17, 2022
Page
647 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-5 d. Landscaping shall be provided at the base of the sign. At a minimum, the landscape area shall be equal to the area of the sign. The approval authority may reduce this ratio during formal project review if found necessary and/or appropriate for the overall design of the proposed project. Landscaping shall be complementary to the landscaping for the overall site, shall be appropriately irrigated and shall include floral arrangements that include drought-tolerant annuals and perennials, which are designed to facilitate maintenance as well as to enhance aesthetic quality. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way.

3.Projecting signs. Projecting signs, including, but not limited to, blade signs, bracket signs and marquee signs, shall be considered wall signs for the purposes of sign area calculations.

Projecting signs shall only be permitted as follows:
a. Location. Projecting signs shall be placed only on ground-floor facades, except for businesses located above the ground level with direct exterior pedestrian access and shall be spaced to maximize visibility of the signage.
b. Angle of projection. Projecting signs shall be located either at right angles to the building front along the building facade, or, when located on the corner of a building, at a 45- degree angle to the corner of the building.
c. Height. The lowest point of a projecting sign shall be a minimum of 8 feet above grade. d. Projection and suspension. The sign may project a maximum of 5.5 feet from the building and shall be suspended with a clear space of at least 6 inches between the sign and the building.
e. Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign.
f. Encroachment. Blade, bracket or marquee signs may not encroach into the public right- of-way or be located above it, into a designated emergency vehicle/fire access lane or into City-owned property without first obtaining an encroachment permit.

4.Wall signs.
a. Signs should not obscure or cover architectural elements or decorative features of the building. A building’s architectural style and overall proportions should guide the design and placement of signs and the sign types selected for each business. The size and shape of a sign should be proportionate with the scale of the structure and/or architectural feature on which the sign is placed.
b. Wall sign raceways shall be concealed from public view (e.g., within the building wall or otherwise integrated with the design of the sign and building) so as to not detract from the architectural character of the building.
c. Channel letters, reverse channel letters and pushpin letters are required. Use of can signs is prohibited.
d. Signage containing multiple elements (e.g., logo and text) on one facade shall be designed so that the multiple elements are located and scaled with relationship to each other. e. Wall signs shall not extend more than seventy-five percent of the suite length for multi- tenant buildings or seventy-five percent of the facade/architectural element that the sign is placed on for a single tenant or multi-tenant buildings.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 71
Menifee Mayor and City Council
August 17, 2022
Page
648 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-6 f. Signs shall be placed in a manner that is consistent with the proportion and scale of architectural elements on the building facade.
g.For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and fourth sixty percent of the maximum allowable sign area for the corresponding frontages.

Figure9.220.130-1 Appropriate Wall Sign Placement

5.Neon-style signs. Neon-style signs for business identification are only permitted in commercial zoning districts as part of a master sign program, except that up to two signs not exceeding 4 square feet (combined) of neon-style window signage shall be allowed by right in all districts. Neon tubing shall be fully enclosed in a metal frame and covered with Plexiglas.

Neon-style banding of buildings for architectural detailing is prohibited.

6.Menu/order board signs for drive-in and drive-through uses. Each drive-in or drive-through use is permitted two menu/order board signs and one clearance bar per drive-through lane.

Such menu/order board signs and clearance bars shall not count as signs for purposes of Table

9.220.130-1 (Signage Standards for Permanent On-Site Signs), either in terms of number or area. The maximum height for a menu/order board sign shall be 6 feet and the maximum area allowed for each sign is 75 square feet. No alterations or additions (e.g., rider signs) along the exterior of a menu/order board sign or clearance bar are permitted.

7.Home Occupation and Home-based businesses. Provided the business is properly licensed and in compliance with all other applicable laws and regulations, signage for home occupation and home-based businesses shall comply with Chapter 9.320.050.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 72
Menifee Mayor and City Council
August 17, 2022
Page
649 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-7

8.Regional centers and automobile centers. The maximum number of signs permitted, maximum area and maximum height of signs for regional shopping and automobile centers shall be determined as part of a master sign program. In addition to the allowable signage set forth in Table 9.220.130-1, regional centers and automobile centers are allowed one additional monument sign, with a maximum height of 55 feet, a maximum width of 20 feet, a maximum of two sign faces and a maximum sign area of 480 square feet per sign face (including center identification).

9.Movie theaters. Permissible signage and associated regulations for movie theaters shall be as determined as part of a master sign program.

10.Service stations. Signs for service stations shall be consistent with the standards in Table

9.220.130-2 (Signage Standards for Permanent On-Site Signs for Service Stations).

D.Format and organization of standards. The signage standards listed below are summarized, where applicable, in table format for ease of use and organization. Concepts described in these tables are as follows.

1.Collective sign area. Allowable sign area either is a set square footage per establishment or is based on a ratio of allowable sign area to primary building frontage (e.g., 1 square foot of sign per 1 linear foot of primary building frontage, or 1 sf:1 lf). Where a ratio is described, it applies to the maximum sign area listed in Table 9.220.130-1 (Signage Standards for Permanent On- Site Signs). Sign area is calculated pursuant to Section 9.220.120 (Sign Measurement Standards). The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that sign type. For commercial, office and mixed- use zoning districts, there are additional wall sign allowances for sub-establishments.

2.Mixed-use zoning districts. In mixed-use zoning districts, signage for residential uses shall be consistent with the standards for residential zoning districts (e.g., as if the development were in a residential zoning district). For nonresidential uses, signs shall be consistent with the standards for commercial and office zoning districts.

Table 9.220.130-1 Signage Standards for Permanent On-Site Signs (1) Development Standards
Use Type Sign Type Maximum Number
Permitted
Maximum
Aggregate Area (1)
Maximum
Height
Residential Zoning Districts
Wall sign 1 sign per establishment 20 sf RooflineInstitution Monument sign 1 sign per establishment 24 sf 6 ft.

Wall sign Roofline or 20 ft.,
whichever is lessMulti-family complex,
<=12 units Monument sign
1 sign per street frontage,
maximum 2 signs 12 sf
6 ft.

Wall sign Roofline or 20 ft.,
whichever is lessMulti-family complex, >
12 units Monument sign
1 sign per street frontage,
maximum 2 signs 24 sf
6 ft.

Wall sign 6 ft.Permanent subdivision
identification sign Monument sign 2 signs per development entry 24 sf (2) 6 ft.

Wall sign 20 sf RooflineSchool Monument sign 2 per school 50 sf 20 ft.

Commercial and Office Zoning Districts
Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 73
Menifee Mayor and City Council
August 17, 2022
Page
650 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-8 Table 9.220.130-1 Signage Standards for Permanent On-Site Signs (1) Development Standards
Use Type Sign Type Maximum Number
Permitted
Maximum
Aggregate Area (1)
Maximum
Height
Wall sign
1 wall sign per
building face,
max 3
1 sf: 1 lf Roofline or 20 ft.,
whichever is lessEstablishments not in a
multitenant center
Monument sign 1 sign per street
frontage, max 2
Max 4 signs
total between
both types 32 sf 8 ft.

Wall sign, primary
establishment
1 sign per establishment per
building face, max 3 1 sf :1 lf,
Wall sign, sub-
establishment
1 sign per sub-establishment
building face, max 2 1 sf: 1 lf,
Roofline or 20 ft.,
whichever is less
Retail
establishments under
100,000 square feet in a
multitenant center
Monument 1 sign per street frontage (3 & 4) 32 sf (4) 8 ft.

Wall signs, primary
establishment
6 signs total (maximum 4 signs
per building face) 1 sf :1 lf max
Wall sign, sub-
establishment
1 sign per sub-establishment
building face, max 3 1 sf :1 lf
Cannot project
above wall plane
Retail establishments
over 100,000 square
feet (freestanding or
within multitenant
center) Monument signs 1 per street frontage (3 & 4) 72 sf 12 ft.

Wall sign
1 sign per establishment (not
per tenant) per building face,
max 2
1 sf :1 lf,
Roofline
Letter height may
not exceed: 2'6"
Logo height may
not exceed: 4'
Office establishments in
a multitenant center
with two stories or less
Monument sign 1 sign per building per street
frontage (3) 32 sf (4) 8 ft.

Wall sign
2 building identification signs or
primary tenant identification
signs and 6 secondary tenant
identification signs
3 story - 175 sf
4 story - 200 sf
5 story - 225 sf
Roofline.

Letter height may
not exceed:
3 story - 2'10"
4 story - 3'
5 story - 3'4"
Logo height may
not exceed:
3 story - 4'6"
4 story - 4'10"
5 story - 5'4"
Office establishments in
a multitenant center
with three stories or
more
Monument Sign 1 sign per street frontage (3) 32 sf (5) 8 ft.

Industrial Zoning Districts
Wall sign 1 sign per establishment per
building face, max 2
1 sf :1 lf, max 150 sf
total per
establishment
RooflineAll establishments
Monument sign 1 sign per street frontage (3) 32 sf (5) 8 ft.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 74
Menifee Mayor and City Council
August 17, 2022
Page
651 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 4, Page 9.220-9 Table 9.220.130-1 Signage Standards for Permanent On-Site Signs (1) Development Standards
Use Type Sign Type Maximum Number
Permitted
Maximum
Aggregate Area (1)
Maximum
Height
Table Notes:

1.Signage required by the Fire District's standards for multi-family and commercial/industrial facilities are exempt from the limits set forth in this table.

2.Subdivision entrance sign areas may be increased based on the subdivision name and architectural enhancement, subject to approval authority review.

3.May be increased to 2 per street frontage when signs are spaced a minimum of 300 feet apart. Alternatively, the maximum area may be increased to 48 square feet when the site frontage is longer than 500 feet. In no case may these two allowances be combined.

4.On multitenant monument signs, the name of the center shall not be calculated in the maximum sign area. Rather, the name of the center shall have a separate maximum sign area of 8 square feet.

5.May be increased to 2 per street frontage when signs are spaced a minimum of 300 feet apart, but additional signs allowed per this section cannot exceed 8 feet in height and 32 square feet in area.

Table 9.220.130-2 Signage Standards for Permanent On-Site Signs for Service Stations Development Standards
Sign Type(1)
Maximum Number Permitted Maximum
Aggregate Area(2) Maximum Height
Monument 1 sign per street
frontage, max 2 36 sf 8 ft.

Wall sign, primary
establishment
1 sign per street
frontage, max 2 Roofline
Wall sign, canopy 1 sign per street
frontage
Max 5 signs total
between all types 2 sf :1 lf, max 50 sf
Roofline
Wall Sign, sub-
establishment 1 sign per sub-establishment, max 2 12 sf Roofline or 20 ft., whichever is less
Table Notes:
(1)Temporary signs are subject to separate permit requirements and regulations set forth in Section 9.220.130 (Temporary On-Site Commercial Sign Standards) of this code.
(2)The total maximum area includes pricing information required by California Business and Professions Code Section 13530, et seq.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 75
Menifee Mayor and City Council
August 17, 2022
Page
652 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.235-1 Chapter 9.235 Animal Keeping

9.235.010 Purpose

The purpose of this chapter is to provide reasonable standards for the keeping and raising of animals to avoid and minimize adverse impacts on adjacent properties and preserves the city’s quality and character.

This chapter will allows for keeping of animals in limited numbers with reasonable controls and safeguards to protect the character of the community.

9.235.020 Applicability

A. The requirements contained in this chapter shall apply to all animal keeping in the City of Menifee including domestic and farm animals, kennels, catteries, horse stables, boarding and riding academies.

B. Any legally established nonconforming animal keeping use that became nonconforming upon adoption of this ordinance shall be permitted to continue subject to Chapter 9.15 (Nonconforming Uses, Structures).

C. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 9.23580.030-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the Community Development Director.

9.235.050 Kennels

A. Kennels may be for commercial or noncommercial purposes, including for raising of guard dogs, care animals, rescue animals, and breeding and boarding.

B. The following classes of kennels are allowed in the following zones pursuant to Table 9.235.050-1, pursuant to the following development standards:

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of
Kennels
Zones
Where
Allowed
Maximum
Number of
Animals per
Site
Minimum
Lot Size for
Keeping
Such
Animals
Kennel Definitions
No Kennel All zones 1–4 dogs --
One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development
Department.

Class I Kennel

AG, RM,
RR5, RR2,
RR1, RR½,
LDR-1, LDR-
2 5–10 dogs 1 acre
Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.

Class II
Kennel/Cattery
AG, RR5,
RR2, RR1,
RR½, BP, HI,
EDC
11–25 dogs
10–25 cats
1 acre
(or as noted in
Section C
below)
Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 76
Menifee Mayor and City Council
August 17, 2022
Page
653 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.235-2 Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of
Kennels
Zones
Where
Allowed
Maximum
Number of
Animals per
Site
Minimum
Lot Size for
Keeping
Such
Animals
Kennel Definitions
Class III
Kennel/Cattery
AG, RR5,
RR2, RR1,

BP, HI, EDC
26–40 dogs
26–40 cats
1 acre
(or as noted
Section C
below)
Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.

Class IV
Kennel/Cattery
AG, RR5,
RR2, RR1,

BP, HI, EDC
41 or more
dogs or cats
1 acre
(or as noted in
Section C
below below)
Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.

Sentry Dog
Kennel
AG, RR5,
RR2, RR1,

BP, HI, EDC
5 or more
dogs
1 acre
(or as noted in
Section C
below)
Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."
C. Development and Operations Standards.

1. Residency. In agricultural, rural and residential zones permitting kennels, such kennels may be placed upon parcels containing detached single-family dwelling units. All Class II Kennels and above shall include a single-family dwelling to be used by a live-in caretaker.

Notwithstanding any provision within this ordinance to the contrary, no parcel with a kennel or cattery shall contain more than the maximum number of detached single-family dwelling units permitted by the existing zoning on the property. Multi-family dwelling units and attached single-family dwelling units shall not be permitted in conjunction with kennels or catteries, provided, however, that a guest living quarter or accessory dwelling unit shall be permitted in accordance with current City zoning regulations.

2. Minimum Lot Size. The minimum lot size for a kennel or cattery in an agricultural, residential or rural zone is 1 acre (gross). There is no minimum lot size for a kennel or cattery in a business park or industrial zone other than what is required by the existing zoning on the property.

3. License. The applicant shall obtain and continuously maintain all necessary licenses as adopted by the City.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 77
Menifee Mayor and City Council
August 17, 2022
Page
654 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.240-1 Chapter 9.240 Motor Vehicle and Related Uses

9.240.110 Car Washes

Self-service car washes included with a gas station will be reviewed in conjunction with the gas station conditional use permit, but otherwise, Car Washes shall comply with the following criteria. Car washes shall comply with the following criteria.

A. Such businesses shall be located at least 150 feet from any residential structure.

B. Wash bays and vacuum areas shall be screened from public view.

C. An attendant shall regularly monitor the facility during business hours to control noise, litter and other nuisances.

D. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m., unless otherwise specifically established as a condition of approval. Water and electrical systems shall automatically shut off during non-business hours, except for security and fire protection.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 78
Menifee Mayor and City Council
August 17, 2022
Page
655 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.260-1 Chapter 9.260 Outdoor Sales, Display and Dining

9.260.040 Development Standards and Requirements for Outdoor Sales and Dining

A.Outdoor Merchandise Display. Any outdoor display exhibited in conjunction with the business being conducted within the building may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:

1. The items being displayed shall be of the same types that are lawfully displayed and sold inside the building on the premises, except alcohol.

2. The aggregate display area shall not exceed 25 percent of the linear frontage of the storefront or 10 linear feet, whichever is greater.

3. Items shall not project more than 4 feet from the storefront.

4. No item, or any portion thereof, shall be displayed on public property; provided, however, that items may be displayed within the public right-of-way if an Encroachment Permit has first been procured from the City.

5. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business.

6. No item shall be displayed in a manner that causes a safety hazard, obstructs the entrance to any building, interferes with or impedes the flow of pedestrian or vehicle traffic, is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.

7. A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet wide is maintained.

B.Outdoor Dining. The following development standards apply to all outdoor dining areas:

1. A clear path of at least 5 feet wide, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times.

2. No outdoor dining area shall obstruct the entrance to any building, interfere with or impede the flow of pedestrian or vehicle traffic, or create any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.

3. Outdoor dining area furniture, including but not limited to tables, chairs, and umbrellas, shall be of high quality and consistent with the theme of the primary establishment or overall premises.

4. An outdoor dining area shall be used only for dining, drinking and circulation, and shall operate only in conjunction with and during the same hours as the adjacent eating and drinking establishment.

5. The area within, and adjacent to, the outdoor dining area shall be clean and free of litter at all times.

6. Trash or storage areas shall not be located on or adjacent to the public right-of-way.

7. Outdoor dining shall be oriented away from adjacent residential uses except as approved by the approving authority.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 79
Menifee Mayor and City Council
August 17, 2022
Page
656 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.260-2

8. Parking shall be in compliance with the standards of Chapter 9.215(Parking and Loading Standards) for the primary use and any outdoor dining area in excess of 200 square feet.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 80
Menifee Mayor and City Council
August 17, 2022
Page
657 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.280-1 Chapter 9.280 Recycling Facilities

9.280.040 Development and Performance Standards

The following development and performance standards shall apply to all recycling collection and processing facilities.

A.No Unattended Facilities. All outdoor recycling facilities shall be attended and administered by on- site personnel during the hours the facility is open.

B.Secured Site. The site shall be secured from unauthorized entry and from deposit or removal of materials when attendants are not present.

C.Screening. The facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by solid wood or vinyl fence or masonry wall at least 6 feet in height which is buffered by exterior landscaping.

D.Setbacks. Setbacks from property lines shall be those provided for the zoning district in which the facility is located. The facility shall be buffered by a landscape strip at least 10 feet wide along each property line.

E.Residential Setback. The facility shall be located at least 150 feet from property zoned or occupied for residential use.

F.Processing Facilities. Processing facilities shall only be permitted in fully enclosed buildings. There shall be no outdoor storage of equipment or materials of any kind. The facility shall be located at least 150 feet from property zoned for, or designated for or occupied by a residential use.

G.Hours of Operation. If the facility is located within 150 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 9:00 a.m.

H.Containers. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, or material may be baled or placed on pallets if completely screened from view.

1. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department.

2. No storage, excluding truck trailers and seagoing cargo containers, shall be visible above the height of the fencing, screening or landscaping.

I.Site Maintenance. The site shall be maintained free of litter, dust, flies and any other undesirable materials, and cleaned of loose debris on a daily basis.

J.Containment. No material shall be left outside the recycling containers. The facility shall display a notice stating that no material shall be left outside the recycling containers. The containers shall be clearly marked to identify the type of material that may be deposited.

K.Signs. Sign criteria shall be those applicable to the zoning district in which the facility is located.

1. The container shall comply with the signage requirements of California Welfare and Institutions Code Section 151.

L.No Nuisance. The facility shall not create any dust, fumes, smoke, vibration or odor above an ambient level that is detectable on neighboring properties.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 81
Menifee Mayor and City Council
August 17, 2022
Page
658 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.280-2 M.Noise. Noise levels shall not exceed 60 dBA (A-weighted decibels) as measured at the property line of an existing residence or zoning district allowing residential land uses and shall not exceed 70 dBA at any other property line.

N.Posted Information. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the zone, and directional signs may be installed with the approval of the Community Development Department, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

O.Power Equipment. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for the efficient temporary storage and shipment of material, may be approved at the discretion of the approving authority if noise restrictions and other conditions are met.

P.Waste Oil. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 82
Menifee Mayor and City Council
August 17, 2022
Page
659 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.290-1 Chapter 9.290 Wireless Communication Facilities

9.290.060 Development Standards – General

All wireless communication facilities shall comply with the following development standards:

A.Siting.

1. All wireless communication facilities shall be located to maintain applicable easements or similar restrictions on the subject property.

2. Wireless communication facilities shall meet the setbacks of the underlying zone. All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure. Where possible, facilities shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel so as to create a negative visual impact.

3. In residential zones, wireless communication facilities are prohibited on properties containing residences but may be permitted on properties containing churches or other non-residential uses in residential zones only when concealed or disguised and with written consent of the Community Development Director based upon aesthetics, architectural integration, pole height and similar factors as set out herein.

4. Wireless communication facilities must be located so as to avoid precluding the future development of the surrounding property and area.

B.Height Limitations.

1. The height of the antenna structure shall be no greater than the minimum necessary to provide the required coverage and shall not exceed an overall height of 70 feet as measured pursuant 9.160.040 Building Height Measurements and Exceptions.

2. No new antenna structure that exceeds 15 feet in height shall be installed on an exposed prominent ridgeline greater than 1,350 feet above mean sea level, unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible, or unless it is co-located or disguised on an existing structure.

3. Wireless communication support facilities in areas of high visibility shall be sited below the ridgeline or designed, where possible, to minimize their profile (i.e., placed underground, depressed or located behind berms).

4. A freestanding above ground wireless communication support facility shall be no taller than 15 feet in height.

C.Stealth, Concealment, Screening, Materials and Design.

1. Antennas shall be constructed of metal or another nonflammable material, unless specifically approved by the City to be otherwise.

2. All buildings, poles, towers, antenna supports, antennas and other components of each wireless communication site shall comprise materials that are of the same color or treated with colors to conceal the equipment, as well as with anti-graffiti paint or coating and vines/plants.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 83
Menifee Mayor and City Council
August 17, 2022
Page
660 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.290-2

3. Wireless communication support facilities in the public right-of-way shall be constructed of nonreflective materials (visible exterior surfaces only).

4. Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to the any applicable design guidelines where appropriate. Where there are no structures in the immediate vicinity, equipment closures shall blend with existing naturally occurring elements of the viewing background and shall be screened from view. Screening may include a block wall, wrought iron fence or other effective mechanism, as determined by the Community Development Director.

D.Vegetation and Landscape Screening, Protection and Maintenance. All equipment enclosures shall be installed in such a manner so as to maintain and enhance existing native and/or landscaped vegetation to screen the facility. The level of screening shall be consistent with the type of facility proposed, its zone and its location. In addition, a landscape screening and maintenance plan or schedule shall be submitted and must contain the items noted below. Notwithstanding, the Community Development Director may consider non-vegetative screening where appropriate and effective. The landscape screening and maintenance plan shall:

1. Comply with the City’s adopted Title 15.04 (Landscape Water Use Efficiency Requirements) and Chapter 9.195 (Landscaping Standards).

2. Indicate all existing vegetation to be maintained and landscaping that is to be installed on the site to control erosion and screen the facility from adjacent land uses and public vistas and to restore vegetation removed or damaged during construction.

3. Provide for the protection of existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/wireless communication line routes from damage to the extent possible, both during the construction period and thereafter.

4. Provide for the repair and replacement of dead or damaged vegetation, watering (as necessary), disease and insect control, pruning and so forth. The provisions of the lease may set out the lessee’s or lessor’s responsibility for such maintenance. In addition, the property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent to the City’s entry onto the property to inspect and, as necessary, restore or remove vegetation and to place a lien on the property or on the secured property tax roll for the costs thereof.

E.Maintenance and Debris Removal. In addition to the provisions for ongoing vegetation and landscape maintenance, the provisions of the lease shall set out the lessee's responsibility for the maintenance of support facilities (i.e., cleaning, painting and specifically the removal of graffiti immediately) as well as the removal of trash and debris from the site. The property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent in writing to the City's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as to repair or fence any support facilities which constitute a safety hazard and specifically consent to the City's ability to place a lien on the property or on the secured property tax roll for the repayment of such costs, plus interest, without any further notice thereof.

F.Lighting. Except as required by State or Federal law, all wireless communication facilities shall be unlit except for a manually operated or motion-detector controlled light above the equipment shed door, which shall be kept off except when personnel are present at night. This requirement is not intended to address interior structure lighting. Any lighting system installed shall also be shielded to the greatest extent possible so as to minimize the negative impact of such lighting on Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 84
Menifee Mayor and City Council
August 17, 2022
Page
661 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 5, Page 9.290-3 adjacent properties and so as not to create a nuisance for surrounding property owners or a wildlife attractant.

G.Parking. All wireless communication facilities shall be served by the minimum roads and parking areas necessary to accommodate service vehicles. Existing roads shall be used for access, whenever possible, and be upgraded to the minimum amount necessary to meet standards specified by the Fire Marshal and the Director of Public Works. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent wireless communication facilities and/or other permitted uses. Existing off-site parking areas shall be used whenever possible.

H.Signage. All freestanding wireless communication sites shall provide unlighted identification signage of not more than 3 square feet in size. The sign shall indicate the name of the company operating the facility and shall provide a phone number to be called in an emergency. Wireless communications facilities and antennas shall not contain or add advertising or signs.

I.Security. The wireless communications service and property owner shall:

1. Maintain a security program when determined to be necessary by, and subject to the review and approval of, the Menifee Police Department that will prevent unauthorized access and vandalism.

2. Ensure sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce the potential for trespass and injury.

Table 9.290.060-1 (1) (2)
Type of Facility All Agricultural, Rural, and Residential Zones
All Commercial,
Industrial, and
EDC Zones
Open Space
and
Conservation
Zones
Public/Quasi-
Public Facilities
Zones
Facility mounted
on the roof or
on/in building or
existing structure
Not allowed on properties containing a
residential use. Allowed for churches or other
non-residential uses when concealed or
disguised and with the written consent of the
Community Development Director based
upon aesthetics, architectural integration,
pole height and similar factors as set out
herein.

Yes - when
concealed or
disguised
Not permitted
Yes - when
concealed or
disguised
Antennas
mounted on public
facilities (e.g.
water tanks, pump
stations, or utility
poles).

Yes - Same as above
Yes - when
concealed or
disguised
Not permitted
Yes - when
concealed or
disguised
Stand alone
facilities Yes - Same as above
Yes - when
concealed or
disguised
Not permitted
Yes - when
concealed or
disguised
Colocation (3) Shall be treated in the same manner as
original location
Same as original
location Not permitted Same as original
location

1. For wireless facilities within specific plans, the facilities shall be allowed as indicated in the comparable zoning/land use noted above, unless the specific plan document contains requirements that are more stringent.

2. In the event the City must site a facility where otherwise not allowed in order to provide for coverage or co-location, such siting will require a major conditional use permit.

3. Colocations on existing mono-poles are allowed; however, upgrades to the enclosures, landscaping, or other features shall be required to the extent feasible consistent with the development standards contained in this chapter.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 85
Menifee Mayor and City Council
August 17, 2022
Page
662 of 734

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code Article 6, Page 9.300-1 Chapter 9.300 Universal Definitions

9.300.040 “C” Definitions

Can Sign. A sign in which the sign copy is placed on a transparent face, which is attached to an enclosed box or can, usually made of metal, that has an internal light source.

9.300.100 “I” Definitions

Industrial. The manufacture, production, and/or processing and/or storage of consumer goods. See also Manufacturing.

Item Title: 11.3
Ordinance Introduction for an Amendment to Title 9 of the Menifee Municipal Code, the Development Code Item Page Number: 86
Menifee Mayor and City Council
August 17, 2022
Page
663 of 734

CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with Menifee Union School District for Expanded Learning Opportunity Program
Partnership
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a memorandum of understanding with the Menifee Union School District for fiscal years 2022/23, 2023/24, and 2024/25 to operate grant funded Expanded Learning Opportunity Programs; and

2. Adopt a budget amendment resolution authorizing an increase in revenue and appropriation of expenditures in the amount of $1,708,236 to a program account as assigned by the Finance Department for the direct costs; and

3. Adopt a budget amendment resolution authorizing an increase to the Community Services General Fund for an amount not to exceed $58,726 for the addition of 50% of a Management Aide; and

4. Adopt a resolution approving the updated Authorized Position Listing for fiscal year 2022/23 to include increased staffing.

DISCUSSION
Based on direction provided by the Mayor and City Council, the Strategic Visioning Plan was updated on May 4, 2022, to include an emphasis on enhancing the City’s social infrastructure, improving access to parks and recreational opportunities. In keeping with this direction, the development of collaborative partnerships with local organizations and educational institutions was identified as one of the key objectives established for the Community Services Department with the adoption of the fiscal year 2022/23 operating budget. This objective aims to maximize available community resources and leverage existing facilities and programs to the benefit of residents.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
664 of 734

City of Menifee Staff Report
Memorandum of Understanding with Menifee Union School District August 17, 2022

Page 2 of 5 ends

1 1
4 0
With this objective in mind, staff has continued efforts to expand recreation programs beyond the confines of the limited, City owned facilities. Community Services staff initiated conversations with Menifee Union School District (MUSD) about the possibility of expanding youth recreation sports programs on school campuses. Given the Community Services Department’s experience with and reputation for developing quality enrichment programs, MUSD expressed an interest in working with the City to develop after school programming that would help MUSD meet requirements established with the passage of Assembly Bill (AB) 130 for expanded student learning opportunities.

Under AB 130 all California schools are required to offer no less than nine hours of combined instructional time and expanded learning opportunities before and/or after school. AB 130 created a statewide initiative that would fully fund Expanded Learning Opportunity Programs (ELOP) on an ongoing basis to increase accessibility of educational enrichment for all students in Transitional Kindergarten (TK) through sixth grade by leveraging community collaborations.

Under the oversight of the Expanded Learning Division of the California Department of Education, ELOP is the newest program aimed at providing learning experiences outside of the regular school day that develop the academic, social, emotional, and physical needs and interests of students. ELOP is designed to be hands-on, engaging, student-centered, and complementary to the regular school day through partnerships with community organizations like the City of Menifee.

Youth can experience high levels of stress from disruptions in their daily lives such as worrying about their family members’ health and financial strains in their household. The need for additional supports to refocus students on the task of learning and being in a school community is of the utmost importance. The National League of Cities addressed this in 2020, when they promoted a call to action for local municipalities to engage in expanded learning opportunities as important learning hubs to “address the holistic needs of children, youth, and families from food and housing insecurity to social-emotional development opportunities.” Tasked with creating a comprehensive after school program that has the potential to serve up to 2,700 students across the district amid an ever-changing school environment, MUSD requested a meeting with Community Services staff to discuss terms and potential costs related to partnering with the City. Under the terms of the proposed agreement the City would staff and operate a broad range of enrichment programs at schools within Menifee city limits while MUSD administration would retain the responsibility for general oversight of program goals, curriculum, and integration with the regular school day. The programs at each school site will include academic assistance, art & crafts, sports, and extracurricular activities similar to those provided at the City’s current afterschool program offered at Lazy Creek Recreation Center.

Given the current workforce climate and the ability for the City to staff programs with primarily part-time temporary (at-will) employees, a phasing plan for program implementation was developed. The target start date for the ELOP partnership is tentatively scheduled for October 3, 2022, with staffing at a 20:1 student to staff ratio for grades 1-6, and 10:1 for TK and Kindergarten, to serve approximately 90 students at eight elementary schools and two middle schools for a total of 900 students. Depending on enrollment and interest in the program, MUSD would work with the City to further expand the program in an effort to achieve the State identified goal of 2,160 students across the ten elementary and middle school sites and as new school sites are developed.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
665 of 734

City of Menifee Staff Report
Memorandum of Understanding with Menifee Union School District August 17, 2022

Page 3 of 5 ends

1 1
4 0
Staffing levels for the gradual increase of service levels are scheduled to start with approximately 45 part-time staff and upon full implementation would reach just over 116 part-time staff in the Community Services Leader I/II and Community Services Specialist classifications. Strict adherence to the student to staff ratios would be enforced and the program would only add students as staffing levels permit. Given the increase in staffing within the Community Services Department, the City’s proposal also incorporates additional levels of administration and supervision utilizing one full-time Community Services Coordinator, half of a full-time Management Aide, and one full-time Community Services Supervisor. The addition of this program would in effect create an additional division of the Community Services Department due to the number of staff and associated budget with expenditures being fully reimbursed by MUSD utilizing ELOP funding.

The Management Aide position will be a full-time position, though 50% will support the ELOP and 50% will support the Solid Waste and Recycling programs, which will be reimbursed and offset by each respective program. The Management Aide will assist with reporting, record keeping, invoicing, and compliance audits for both programs under the purview of the Community Services Department.

City and District staff worked on creating a Memorandum of Understanding (MOU) that explicitly outlines the City’s and the District’s responsibilities. The MOU proposes the option to extend year to year and the three-year term is outlined in Table 1 below.

Table 1 – MOU Term
Fiscal Year Approx. Number of Students Maximum Budget Allocation 2022/2023 1,080 $ 1,708,236*
2023/2024 1,820 $ 2,853,844
2024/2025 2,010 $ 3,126,532
*Prorated for program to begin in October 2022, not full year.

Both the Community Services Department and MUSD are excited for the opportunity to leverage shared resources and expand educational and recreational services through ELOP to Menifee families.

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community

FISCAL IMPACT
To support AB 130 the Legislature created a permanent funding stream for program implementation and updated California Education Code (EC Section 46120) to require local education agencies, like MUSD, to provide ELOP without an opt out mechanism. Because ELOP is required by the California Department of Education, program funding is expected to be ongoing.

The partnership between the City and MUSD would be budgeted as a reimbursable grant program where monthly invoices from the City detailing actual expenditures would be paid by MUSD Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
666 of 734

City of Menifee Staff Report
Memorandum of Understanding with Menifee Union School District August 17, 2022

Page 4 of 5 ends

1 1
4 0
utilizing ELOP grant funds within 30 days of receipt. The MOU details the maximum budget allocation in Exhibit B-2 and is summarized below in Table 2. Several other notable increases in the annual budget include: the addition of Kathryn Newport Middle School in year two, the addition of Elementary School No. 15 in year three, and the phasing in of the Community Services Coordinator in year two.

Table 2 – ELOP Budget by Fiscal Year
Year 1
FY 2022/23*
Year 2
FY 2023/24
Year 3
FY 2024/25
Personnel Costs $ 1,664,869 $ 2,781,387 $ 3,046,529 Operational Costs $ 43,367 $ 72,456 $ 80,003 TOTAL COST $ 1,708,236* $ 2,853,843 $ 3,126,532 Total Student Capacity 1,080 1,820 2,010
*Prorated for program to begin in October 2022, not full year.

The associated staffing levels for the ELOP partnership is also outlined in Exhibit B-2 of the MOU, utilizing the required student to staff ratios of 20:1 for grades 1-6 and 10:1 for TK and Kindergarten. Table 3 summarizes the staffing levels based on the phasing in approach outlined in the discussion.

Table 3 – New Staffing and Student Services Levels
Position
Year 1
FY
2022/23
Year 2
FY
2023/24
Year 3
FY
2024/25
CS Leader I TK (PT) 8 8 9
CS Leader I (PT) 30 57 63
CS Leader II (PT) 10 19 21
CS Specialist (PT ½ Benefitted) 10 11 12
CS Coordinator (FT) 0 1 1
CS Supervisor (FT) 1 1 1
Management Aide (FT)* 0.5 0.5 0.5
TOTALS 59.5** 97.5 107.5
* Remaining 50% of Management Aide would be funded through the General Fund to support Solid Waste and Recycling programs in the Community Services Department.
**59.5 +.5 Management Aide Position total 34.6 FTE, 34.1 FTE dedicated to ELOP Program.

The Management Aide position will support both the ELOP and the Solid Waste and Recycling programs assisting with reporting, record keeping, invoicing, and compliance audits for both programs under the purview of the Community Services Department. As such, half of the cost associated with this position will be funded through ELOP and the other half of the position will be funded through the Solid Waste & Recycling General Fund account (100-4661), offset by various State/County grants and program implementation funds provided by Waste Management annually.

A portion of the eligible reimbursement will cover labor overhead costs associated with administering the program. All ELOP program costs, included associated overhead costs, will be Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
667 of 734

City of Menifee Staff Report
Memorandum of Understanding with Menifee Union School District August 17, 2022

Page 5 of 5 ends

1 1
4 0
reimbursed through the program, and thereby not create additional fiscal impact to the general fund.

In order to implement the MOU, a budget amendment resolution would be required to establish the budget and an amendment to the Authorized Position Listing to update the staffing levels associated with the ELOP partnership. Upon the commencement of the initial three-year term of the MOU, the City and District would revisit the terms and associated costs and work towards renewing and potentially adjusting the terms to include automatic renewals.

ATTACHMENTS

1. Memorandum of Understanding

2. Budget Amendment Resolution

3. Budget Amendment Resolution

3. Resolution - Authorized Position Listing
Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
668 of 734

2905/031858-0001
18114440.2 a08/11/22

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF MENIFEE

AND MENIFEE UNION SCHOOL DISTRICT FOR EXPANDED LEARNING

OPPORTUNITIES PROGRAM
The City of Menifee (“City”) and the Menifee Union School District (“District”), hereby enter into the following MEMORANDU M OF UNDERSTANDING (“MOU”) for purposes of providing a Menifee Expanded Learning Opportunities Program, hereinafter referred to as “ELOP” on this ______ day of ____________________, 2022 (“Effective Date”).

RECITALS
A. WHEREAS, the District periodically receives ELOP Grant Funds from the California Department of Education referred to hereinafter as the “Grant”; and B. WHEREAS, the District will use the Grant in part, to fund the ELOP; and C. WHEREAS, the City and the District agree to partner to provide the ELOP to students eligible for transitional kindergarten through sixth grade at designated educational sites within the City of Menifee; and
D. WHEREAS, the District and the City recognize the benefit the ELOP program provides to the community by engaging youth in positive recreation pursuits, providing an active learning environment for youth participants; and E. WHEREAS, the District agrees to fund costs of the ELOP as outlined in this MOU under Exhibit A -1 ( Menifee Union School District Responsibilities ) and throughout the term of this MOU; and
F. WHEREAS, the City agrees to administer, provide staffing, and lesson plans for the ELOP as approved by the District and outlined in this MOU under Exhibit B-1 (City of Menifee Responsibilities) and through the term of this MOU.

NOW, THEREFORE, in consideration of the foregoing recitals of fact and the covenants, conditions and promises herein, the Parties hereto agree as follows:

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
669 of 734

2905/031858-0001
18114440.2 a08/11/22 -2-

SECTION 1. COMPENSATION. The District agrees to reimburse the City for reimbursable expenses as provided in Exhibit B-2 (ELOP Budget – City Reimbursable Expenses). As set forth in Exhibit B -2, the District shall reimburse the City for up to a total amount not -to-exceed $1,708,236 in year 1 of this MOU (fiscal year 2022/23), a total amount not-to-exceed $2,853,843 in year 2 (fiscal year 2023/24) and $3,126,532 in year 3 (fiscal year 2024/25) , unless otherwise modified in writing by the District and the City.

SECTION 2. TERM. This MOU is valid from the Effective Date through June 30, 2025. This MOU may be renewed for up to two ( 2) renewal terms of one (1) year each upon mutual agreement of the Parties and contingent on availability of Grant funding.

SECTION 3. DISTRICT’S OBLIGATIONS . The District shall p rovide oversight, direction, and funding of the ELOP, procure and provide all supplies, equipment, indoor site locations, as outlined in Exhibit A-1 (Menifee Union School District Responsibilities).

SECTION 4. CITY’S OBLIGATIONS. The City shall a dminister and provide staffing for the ELOP as outlined in Exhibit B-1 (City of Menifee Responsibilities).

SECTION 5. ADMINISTRATION. The following individuals are designated as representatives of the respective Parties . The representatives shall be responsible for administration of this MOU and for coordinating and monitoring performance under this MOU .

In the event such representatives are changed, the Party making the change shall notify the other Party in writing:

5.1 City of Menifee, Community Services Department
c/o Mariana Mitchell, Community Services Manager
29995 Evans Rd, Menifee, CA 92586
Email – [email protected]

5.2 Menifee Union School District
c/o Jesse Ramirez, Director of Expanded Learning
29775 Haun Road, Menifee, CA
Email – [email protected]
SECTION 6. RECORDS. The City shall maintain complete and accurate records with respect to all costs and expenses incurred under this MOU for a period of three (3) years from the date of final payment under this MOU. All such records shall be clearly identifiable. Upon seven (7) days' written notice, the City shall allow a representative of the District during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this MOU. The City shall allow inspection of all records maintained pursuant to this Section for a period of three (3) years from t he date of final payment under Section 1 of this MOU.

SECTION 7. INDEMNIFICATION.

To the fullest extent permitted by law, City shall defend, indemnify and hold harmless the District, and its officials , agents, volunteers and employees (“ indemnified parties”) from an d against claims, damages, losses and expenses, inc luding but not limited to attorney fees, arising out of City’s performance under this contract, regardless of whether such claim, damage, loss or Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
670 of 734

2905/031858-0001
18114440.2 a08/11/22 -3-

expense is caused in part by an indemnified party. This inc ludes, but is not limited to, claims, damages, losses and expenses arising from injury to, loss of, theft of or unauthorized access to personally identifiable information or documents containing such information, as most broadly defined under state or fede ral law; or any actual or alleged failure to comply with any provision of law. However, City shall not be obligated to indemnify an indemnified party for liability due to willful misconduct, active negligence, or sole negligence for which that indemnified party is legally responsible.

To the fullest extent permitted by law, the District shall defend, indemnify and hold harmless City, and its officials, agents, volunteers and employees (“ City indemnified parties”) from and against claims, damages, losses and expenses, including but not limited to attorney f ees, arising out of the District’s performance under this agreement, regardless of whether such claim, damage, loss or expense is caused in part by an indemnified party. This includes, but is not limited to , claims, damages, losses and expenses arising fro m injury to, loss of, theft of or unauthorized access to personally identifiable information or documents containing such information, as most broadly defined under state or federal law; or any actual or al leged failure to comply with any provision of law. However, District shall not be obligated to indemnify any City indemnified party for liability due to willful misconduct, active negligence, or sole negligence for which that indemnified party is legally responsible.

SECTION 8. INSURANCES AND WORKER’S COMPENSATION

8.1 By executing this MOU, the City and the District each certifies that it is aware of and will comply with Labor Code section 3700 requiring every employer to be insured against liability for workers compensation or to undertake self -insurance before commencing any of the work of this MOU. The City shall provide for self- insurance required by California law to protect itself from claims under the Workers Compensation Act (Lab. Code, § 3200 et seq.).

8.2 Prior to the City's execution of this MOU, the City, at its own expense, shall obtain, and shall thereafter maintain during the term of this MOU, such commercial general liability insurance as required to insure the City against damages for personal injury, including death, as well as from claims for property damage which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting on behalf of the City. All liability insurance shall by issued by insurance c ompanies authorized to transact liability insuranc e business in the State of California. The City's Commercial G eneral liability policy shall cover both bodily injury (including death) and property damage (including but not limited to premises -operations liability, personal injury liability and contractua l liability), in an amount not less than $2,000,000 per -occurrence limit/$3,000,000 aggregate , Business Auto coverage with limits not less than $1,000,000 per accident for bodily injury and property damage for all owned, hired and non- owned automobiles, Workers Compensation including statutory coverage as required by the state of California including Employers Liability with limits no less than $1,000,000 each accident , Sexual Abuse and Molestation coverage with limits not less than $1,000,000 per occurrence/ $3,000,000 aggregate.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
671 of 734

2905/031858-0001
18114440.2 a08/11/22 -4-

(a) District to be named as Additional Insured on a separate endorsement or policy must read “any person or organization as required by written contract” and must be primary, non-contributory for Commercial General liability and Business Auto.
(b) A Waiver of Subrogation to be provided for Commercial General Liability, Business Auto and Workers Compensation and name District in the schedule under “Name of Person or Organization”
Evidence of self-insurance and excess coverage and an additional insured endorsement documenting the coverage required by this MOU for commercial general liability shall be f iled with the District and shall include the City, its officers, agents and employees as addi tional insured. The policy shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to the City by certifie d or registered mail. The City, its officers, agents and employees make no representation tha t the limits of the insurance specified to be carried by the District pursuant to this MOU are adequate to protect the District. If the District believes that any required insurance coverage is inadequate, the District will obtain such additional insurance coverage as the District deems adequate, at the District's sole expense.

SECTION 9. TIME OF ESSENCE. Time is of the essence for each and every provision of this MOU.

SECTION 10. DISPUTES.

10.1 GOVERNING LAW AND VENUE. This MOU shall be governed exclusively by the laws of the State o f California. The Riverside Superior Court shall be the sole proper venue for any and all suits brought to enforc e or interpret the provisions of this MOU.

10.2 ATTORNEYS’ FEES. If any legal action or other proceeding is brought for the enforcement of this MOU, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this MOU, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Secti on shall not exceed the hourly rate paid by the Ci ty for legal services multiplied by the reasonable number of hours spent by the prevailing Pa rty in the conduct of the legal action or proceeding. The court may set such fees in the same action or in a separate action brought for that purpose.

10.3 NONLIABILITY OF OFFICERS AND EMPLOYEES. No officer, official, employee, agent, representative, or volunt eer of a defaulting or breaching Party shall be personally liable to the other Party , or any successor in interes t, in the event of any default or breach by such d efaulting or breaching Party or for any Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
672 of 734

2905/031858-0001
18114440.2 a08/11/22 -5-

amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this MOU.

SECTION 11. TERMINATION.

11.1 Without Cause: Any Party hereto may terminate this MOU without cause upon six (6) months’ written notice either personally delivered or mailed postage pre - paid by certi fied mail, return receipt requested, to the other Party’s last known address for t he purposes of giving notice under this section. If this MOU is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this MOU prior to the effective date of termination.

11.2 With Cause: Any Party hereto may terminate this MOU with cause for material breaches of this Agreement upon ninety (90) days’ written notice and either personally delivered or mailed posta ge pre-paid by certified mail, return receipt requested, to the other Party’s last known address for the purposes of giving notice under this section. The written notice provided pursuant to this Section shall indicate the nature of the alleged material br each, and what actions may be required to remediate the alleged material breach. Upon receipt of the notice, the allegedly breaching Party shall have thirty (30) days to cure the alleged material breach, or such longer period as mutually agreed by the Par ties in writing (“Cure Period”). If the alleged material breach is cured dur ing the Cure Period, no termination shall occur. If the alleged material breach is not cured within the Cure Period, the Agreement shall terminate upon expiration of the ninety ( 90) day notice period specified in this Section. If this MOU is so terminate d, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this MOU prior to the effective date of termination.

SECTION 12. GENERAL PROVISIONS.

12.1 CHANGES, MODIFICATIONS, AMENDMENTS, AND WAIVERS. This MOU may be changed, modified, amended or waived only by w ritten agreement signed by the Parties and adopted by resolution of each Party’s legislative authority. Any waiver of a term or condition of this MOU shall apply only to the specific act, occurrence, or omi ssion and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. Waiver or breach of any term or condition of this MOU shall not be considered a waiver of any prior or subsequent breach.

12.2 TITLES AND CAPTIONS. Titles or captions contained herein are inserted a s a matter of convenience and for reference only, and in no way define, limit, extend, or describe the scope of this MOU or any provisions hereof . No provision in this MOU is to be interpreted for or agains t a Party because that Party or his legal representative drafted such provision.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
673 of 734

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12.3 ASSIGNMENT. Neither Party may assign its rights or delegate its duties under this MOU, whether by assignment, further, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this MOU.

12.4 NO THIRD- PARTY BENEFICIARIES. T here are no intended third- party beneficiaries under this MOU and no such other third parties shall have any rights or obligations hereunder.

12.5 SEVERABILITY. In the event any term or condition of this MOU or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions or applications of this MOU which can be given effect without the inv alid term, condition, or application. To this end the terms and conditions of this MOU are declared severable.

12.6 ENTIRE AGREEMENT. This document sets forth the entire MOU between the City and the District, and may be modified only by further written amendment between the Parties hereto, in a ccordance with P aragraph 12.1 (Changes, Modifications, Amendments, and Waivers).

12.7 SURVIVAL. The provisions of Sections 7 and 10 shall survive termination of this MOU.

12.8 AUTHORITY. The Parties to this MOU represent and warrant that this MOU has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
674 of 734

2905/031858-0001
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12.9 COUNTERPARTS. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

IN WITNESS WHEREOF, each Party hereto has executed this MOU by its duly authorized representatives as of the Effective Date.

CITY OF MENIFEE
By:__________________________________

City Manager

ATTEST:

By:__________________________________

City Clerk

APPROVED AS TO FORM:

By:__________________________________

City Attorney

Menifee Union School District
By:__________________________________

Its: _______________________________

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
675 of 734

Exhibit A-1 Menifee Union School District Responsibilities It is the sole responsibility of the District, to ensure the aspects of the ELOP outlined herein.

Capitalized terms not otherwise defined herein are defined in the Memorandum of Understanding (“MOU”) to which this Exhibit A-1 is attached.

District as Lead Agent
The District as the Local Educational Agency (LEA) shall be the lead fiscal and administrative agent of the ELOP. The District agrees to submit all reports required by the California Department of Education in a timely manner and in advance of deadlines. The District will provide oversight and general administrative direction of the ELOP which maintains requirements of the G rant, including but not limited to: attendance, assessments, student information and etc.; and that meets the needs of the District.

ELOP City Program Locations and Office
The District shall furnish and maintain a minimum of three (3) rooms as base program locations for ELOP and a minimum of one (1) workspace , inclusive of a telephone and computer, for City personnel performing the City’s obligations pursuant to the MOU (“City ELOP Personnel”) , per ELOP school site.

ELOP Curriculum
The District will retain the responsibility for general oversight of program goals, all curriculum, and integration with the regular school day academic goals.

Supplies and Equipment
The District shall procure, furnish, and deliver all s upplies, services, and equipment necessary to support the ELOP and as requested by City ELOP Personnel. Such requests shall be submitted in writing, by the City , to the District no less than monthly. Supply requests will be approved or denied as unnecessary to support the ELOP within seven (7) calendar days.

Reimbursement for Non -Personnel Expenses – In cases where time is a factor, City ELOP Personnel may opt to procure request ed supplies and equipment directly by obtaining written preapproval from the District Director of Expanded Learning or his/her designee within 48 hours.

These expenses shall be notated and reimbursed as non-personnel expenses on City reimbursement requests submitted pursuant to Exhibit B-2 to the MOU.

Meeting and Communication with the City
The District shall p rovide s upport for ELOP by notifying City ELOP Personnel , in a timely manner, of changes or opportunities affecting the ELOP including, but not limited to, attending periodic meetings with City ELOP Personnel, providing annual or biannual reviews of ELOP to provide direction to the City, and communicating routinely with ELOP personnel regarding the administration of the program.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
676 of 734

Professional Development
The District will provide City ELOP Personnel with safety, evacuation and emergency training.

The District will provide all relevant safety protocols and procedures to City ELOP Personnel necessary for the operation of the ELOP. The District will also provide the necessary training relevant to the implementation of the curriculum developed by District.

Marketing of Program
The District shall actively market the availability of ELOP programming to students and parents, provide annual and routine updates to the District school faculty regarding ELOP hours of operations, programs, and application process. The District shall f oster communication with, and involvement of, parents through parent orientations, development and distribution of monthly newsletters, open houses, and other parent events.

Reimbursement to the City
The District shall reimburse City expenditures related to the ELOP as outlined under Exhibit B-2 to the MOU..

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
677 of 734

Exhibit B-1 City of Menifee Responsibilities
The City understands and agrees to the responsibilities enumerated herein . Capitalized terms not otherwise defined herein are defined in the Memorandum of Understanding (“MOU”) to which this Exhibit B-1 is attached.

Service Locations
The City will operate ELOP at District school sites located within City limits the program will be staffed to provide services to nine (9) elementary Schools and (3) middle Schools as outlined in Table 1 below . City personnel performing the City’s obligations pursuant to the MOU (“City ELOP Personnel”). will maintain a waiting list t o ensure that vacancies are filled as soon they occur and as staffing levels permit.

Table 1 – Service Locations and Maximum Attendance
School Site
Callie Kirkpatrick ES
Freedom Crest ES
Southshore ES
Chester Morrison ES
Quail Valley ES
Taawila ES
Evans Ranch ES
Ridgemoore ES
Elementary #15 *Beginning Fiscal Year 24/25, Year 3
Bell Mountain MS
Hans Christensen MS
Kathryn Newport MS *Beginning FY 23/24, Year 2
* Students served/Program Capacity is based on 20:1 student to staff ratios for 1st – 6th grade and 10:1 student to staff ratio for t ransitional kindergarten and kindergarten as staffing levels permit as illustrated in Exhibit B-2 “Program Budget” -Table 1 Personnel
The City shall provide all City ELOP Personnel. All City ELOP Personnel must meet the minimum education or experience qualifications of the Menifee Unified School District Instructional Aide classification (job description has been included in this Exhibit). The City shall use diligent efforts to replace staff within 30 days of all vacancies . The City will establish a substitute pool for all program sites based on need. The City shall determine number of total staff for the ELOP at each of the program sites set forth in Table 1 based on the terms of this Exhibit, need, and attendance.

Hiring costs associated with the ELOP will include Fingerprinting (DOJ & FBI) and a physica l examination including drug screening and tuberculosis test which will be added to the cost of the program will be calculated at the rate of $155 per attempt to hire. Additionally, the City will provide staff uniforms at the cost of $75 per hire . These hiring costs shall be subject to reimbursement by the District pursuant to Exhibit B-2 to the MOU.

The City shall provide each program site the City ELOP Personnel listed in Exhibit B-2.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
678 of 734

Community Services Leader I/II PT primary responsibility is to present and lead fun recreational and educational activities. The Community Services Leader I PT will provide basic instruction and lead participants in games, arts or crafts projects, fitness activities, outdoor skill activities, dance and music opportunities, and field trips. These individuals maintain constant interaction with the student participants. The Community Services Leader II is differentiated from the Community Services Leader I, in that they are able to function autonomously and aid in planning, developing, implementing and coordinating programs.

Community Services Specialist PT will oversee City staff on a daily basis at the program site and interact s daily with school administrators, custodial staff, and student participants. Their primary role is to assist with planning activities and maintain a cooperative program atmosphere.

At times, this may include addressing behavioral issues and resolving concerns. This position may act in a supervisory role in the absence of a Community Services Coordinator.

Community Services Coordinator FT will be required to directly supervise Community Service Leaders I/II and Community Services Specialists regarding the ELOP implementation and City payroll/risk management and provide direct communication between City ELOP Personnel and District personnel. This position works directly with program site staff and will primarily focus on program staff in areas including, but not limited to: behavior guidance, classroom management, program planning, and general supervision.

Management Aide 0.5 FT will be responsible for generat ing monthly invoices and compile the necessary documentation to substantiate charges for District reimbursement pursuant to Exhibit B-2 to the MOU. This position shall also be responsible for maintaining records associated with City payroll/risk management , program implementation, and staff recruitment, retention and training. This position will also track and monitor budget to forecast expenditures and work with the District on budget amendments as required.

Community Services Supervisor FT directly supervises Community Service Coordinator and provides general supervision to all levels of City ELOP Personnel regarding program implementation. This position oversees City ELOP Personnel recruitment, retention, and training.

This position works directly with applicable program sites and the District to ensure program wide initiatives are implemented across all program sites and program goals are met appropriately.

Uniforms & Cell Phone Policy
As provided by the District, City ELOP P ersonnel will follow the dress code and management standards approved by the District regarding dress, personal use of cell phones, headsets, recording/listening devices, and other electronic devices.

Hours of Operation & Daily Schedule
The ELOP will follow the Menifee Unified School District calendar, with operating hours beginning at the end of the regular school day until 5:00 PM for elementary school and until 6:00 PM for middle school. The ELOP will be closed on holidays, school breaks and al l non-contract school days. An additional 30 days, at 9 hours a day, will be held at the direction of the District.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
679 of 734

Ratio Requirements
Staff to student ratio shall be maintained at a ratio of 1:20 for 1 st – 6th grades and 1:10 for transitional kindergarten and kindergarten.

Curriculum
The City ELOP Personnel will take direction from the District regarding the ELOP curriculum.

Supplies, Services, and Equipment
The District shall procure, furnish, and deliver all supplies, services, and equipment necessary to support the ELOP and as requested by City ELOP Personnel. Such requests shall be submitted in writing, by the City , to the District no less than monthly. Supply requests will be approved or denied as unnecessary to support the ELOP within seven (7) calendar days.

Reimbursement for Non -Personnel Expenses – In cases where time is a factor, City ELOP Personnel may opt to procure request ed supplies and equipment directly by obtaining written preapproval from the District Director of Expanded Learning or his/her designee within 48 hours.

These expenses shall be notated and reimbursed as non-personnel expenses on City reimbursement requests submitted pursuant to Exhibit B-2 to the MOU.

Professional Development
In addition to attending periodic safety training as required by the District, City ELOP Personnel will maintain emergency contact information of all ELOP participants. In the event of an emergency, City ELOP Personnel will follow, and adjust as directed by the District, safety protocols and procedures provided by the District . City ELOP Personnel will complete First Aid and CPR training and professional development courses as required and paid for by the District.

Communication with the DISTRICT
City ELOP Personnel shall attend periodic meetings with the District ELOP personnel, respond to requests during annual or biannual reviews of ELOP , and respond and adhere to direction to the City received from the District with regard to the Parties’ respective obligations under the MOU.

Reimbursement to the CITY
City expenditures related to the ELOP shall be submitted to the District for reimbursement as outlined under Exhibit B-2 to the MOU.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
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JOB DESCRIPTION
Menifee Union School District

Instructional Aide III

Purpose Statement

Under the direction of an assigned administrator, provide assistance to students at school, including students attending early childhood programs and/or special education students at school as noted in each student’s Individualized Education Program (IEP).

This job classification requires a high degree of positive contact with both students and other staff members. Employees in this classification provide specialized health care procedures (under the direction of a credentialed School Nurse) to specific disabled students. This classification differs from other Instructional Aide classifications in that employees in the Instructional Aide III classification receive more extensive training in providing specialized physical health care assistance and perform invasive procedures.

_____________________________________________________________________

Essential Functions

• Collaborate and support students and school personnel, to meet the needs of identified students, implement various communication systems and appropriate methodologies;
• Adapt curriculum plans to individual students needs; • Assist with the modification of classroom environments as needed; • Communicate with staff and administrators to coordinate activities, exchange information and resolve issues;
• Maintain a variety of comprehensive data, records and files related to assigned activities and students;
• Maintain current knowledge of applicable laws, codes, regulations, policies and procedures related to assigned activities;
• Assist students in personal care such as toileting, dressing, grooming, and eating;
• Operate a variety of office equipment and technology, including, but not limited to, a computer/laptop/tablet and assigned software;
• And perform related duties as assigned.

Job Requirements: Minimum Qualifications

Knowledge and Abilities

• Positive behavioral intervention techniques;
• Problems and concerns of students with special needs and/or early childhood students
• Instructional methods and techniques;
• Curriculum, goals and objectives of the department;
• Operation of a variety of office equipment, technology, and software; • Effective oral and written communication skills;
• Applicable laws, codes, regulations, policies and procedures; • Interpersonal skills using tact, patience , respect, and courtesy; • Understand and relate to preschool age children and/or children with special needs;
Item Title: 12.1
Memorandum

of

Understanding

with

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Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
681 of 734

• Assist students in personal care such as toileting, dressing, grooming, and eating;
• Assist in providing specialized physical health care assistance and perform invasive procedures after receiving training from a District Nurse; • Implement various communication systems and appropriate methodologies; • Provide staff training and lesson progression consultation; • Maintain a variety of comprehensive records and files; • Communicate effectively both orally and in writing;
• Establish and maintain cooperative and effective working relationships with others;
• Analyze situations accurately and adopt an effective course of action; • Work independently with little direction;
• Plan and organize work;
• Interpret, apply and explain applicable laws, codes, regulations, policies and procedures;
• Operate of a variety of office equipment, technology, and software; • Sufficient training and experience to demonstrate the knowledge and abilities listed above including some experience working with children with special education needs in an organized setting.

Working Environment

Classroom environment and outdoor environment

Hazards

Contact with dissatisfied or aggressive individuals.

Experience

Sufficient training and experience to demonstrate the knowledge and abilities listed above including some experience working with children with special education needs in an organized setting.

Education

Any combination equivalent to: graduation from high school; 6 units in early childhood education for state preschool Instructional Aides

Certificates & Licenses

Valid California Drivers License.

Valid First Aid and CPR Certificate issued by an authorized agency.

Preschool Requirements

Preschool employees will be required to provide evidence of and maintain influenza, pertussis and measles vaccinations in compliance with federal and/or state legal requirements.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
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Clearances

Criminal Justice Fingerprint/Background Clearance

FLSA Status Board Approval Date

Non Exempt August 14, 2007

Revised

October 28, 2014

Revised

May 12, 2016

Item Title: 12.1
Memorandum

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Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
683 of 734

Transitional KindergartenInstructional Aide

PRIMARY FUNCTION
Education and Experience
Any combination equivalent to graduation
from high school;
Experience in an
educational environment with
Pre-Kindergarten to 3rd grade students is
desirable;
college units in early childhood
education is desirable; a work history
demonstrating dependability, reliability,
and good attendance required.

Licenses and Other Requirements●
Skills Test – (spelling, grammar,
proofreading, writing, and math)●
Current valid California Driver’s
License and insurable at standard
rates by the District’s insurance carrier
and maintain such insurability.●
CPR & First Aid Certification
Clearances●
Criminal Justice
Fingerprint/Background Clearance●
TB Clearance
C
ONTACT
PHONE:
(951) 672-1851
WEBSITE:
www.menifeeusd.org
Address:
29775 Haun Road, Menifee, CA 92586
C

OMPENSATION
:

Schedule:
261
Row:

Days:
195
B
OARD
A

PPROVED
:

June 28, 2022
Under the direction anddirect supervision of theclassroom teacherand site principal, assists instructional personnel in the administrationof transitional kindergarten learning and enrichment experiences tostudents individually and in small groups in providingacademic,behavior and social instruction and support; monitors and reportsstudent progress regarding behavior and performance; assistsstudents in developing various self-help skills, including hygiene,eating, social, community, vocational, and leisure/recreational skills;may assist with toileting of students;performs relatedwork asrequired.

ESSENTIAL DUTIES:
● Collaborates with the teacher on the implementation of classroomlearning that promotes an inclusive, positive, motivating andeducationally rich environment;● Assists with the instruction of students in small groups and as aclass collaboratively;● Implements and modifies transitional kindergarten curriculumsuch as learning materials and activities, as directed by theteacher, which may also include kindergarten in a TransitionalKindergarten/Kindergarten combination class;● Evaluates and identifies each student’s readiness skills accordingto age, ability and interest as directed by teacher;● Collects anecdotal notes and other data such as student behaviorobservations and assessment results for the purpose of providinginformation to teacher or other district personnel;● Assists in the preparation of a welcoming and stimulatingclassroom environment including consideration of safety andsupport for children in the classroom, during lunch, and on theplayground;● Assists students with washing, diaper changing and toileting, andother personal care activities as needed;● Sanitizes and disinfects learning materials, tables, chairs, andother classroom surfaces;● Implements standards set by the teacher of appropriate studentbehavior for the purpose of achieving effective participation inactivities; providing a safe and optimal learning environment;● Operates classroom equipment including audio/visual devices andvarious forms of classroom technology;● Attends trainings and meetings for the purpose of conveyingand/or gathering information required to perform functions andreceiving updated current information on best practices;● Performs other related duties as assigned.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
684 of 734

PHYSICAL DEMANDS
Activities vary and are not always
predictable. The amount of time for
each activity varies depending upon
daily workload and priority schedules.

The position’s duties can vary from
day to day and moment to moment.

The professional must be able to
physically respond to possible
emergency situations and may
perform duties in some temperature
extremes and hazardous conditions.

Note that the listed demands are the
District’s minimum requirements:●
Lifting●
Climbing●
Balancing●
Carrying●
Pushing●
Pulling●
Kneeling●
Bending●
Twisting●
Stooping●
Reaching●
Crouching●
Crawling●
Walking●
Able to lift up to thirty (30) pounds
frequently, and sixty (60) pounds
occasionally;●
Able to carry up to thirty (30)
pounds frequently, and sixty (60)
pounds occasionally;●
Able to push and pull objects
weighing up to sixty (60) pounds;●
Able to demonstrate manual
dexterity necessary to assist
students with buttoning clothing,
eating, operating a computer or
assist staff with student toileting
procedures;●
Able to use safety equipment and
devices designated for this
position;●
Significant fine finger dexterity;●
Ability to read printed directions or
instructions;●
Ability to see, hear, speak,
understand, communicate, and
comprehend;●
Sitting, walking, and standing for
extended periods of time;
Essential Job Requirements - Qualifications – Knowledge,Skills and Abilities Knowledge of:● Concepts of child growth, development and behavior;characteristics of school age children;● Student behavior management strategies and techniques;● Health and safety regulations as related to the position;● Interpersonal skills using tact, patience, and courtesy;● Oral and written communication skills;● Correct English usage, including spelling, grammar, andpunctuation.

Ability to:● Appropriately manage student behavior and guide studentstoward acceptable social behavior;● Implement learning activities for students;● Adapt basic teaching techniques and methods to support theteacher;● Maintain a healthy and safe environment;● Understand and follow oral and written instructions;● Monitor and assist students;● Demonstrate an understanding, patient, warm and receptiveattitude toward students;● Understand and apply rules, regulations, procedures and policies;● Communicate effectively in the English language, both in oral andwritten form;● Maintain confidentiality of sensitive and privileged information;● Establish and maintain effective positive working relation shipswith students, staff, parents, teachers, and administrators;● Assist students in personal care such as toileting, dressing,grooming, and eating;● Analyze situations accurately and adopt an effective course ofaction;● Plan and organize work.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
685 of 734

●
Ability to have transportation to
conduct business.

M
ENTAL
D
EMANDS●
Ability to organize and coordinate
schedules.●
Ability to analyze and interpret
data.●
Ability to think critically, problem
solve, and multitask.●
Ability to communicate with the
public.●
Ability to read, analyze and
interpret printed matter and
computer screens.●
Ability to create written
communication so others will be
able to clearly understand the
written communications.●
Ability to communicate so others
will be able to clearly understand.●
Ability to understand speech.

S

UPERVISOR
Site Principal

BARGAINING UNIT STATUS
Classified Non-Exempt

EVALUATION
Performance of this job will be
evaluated in accordance with
provisions of Board Policy on
Evaluation of Classified Employees.

E
QUAL
O

PPORTUNITY
:

Menifee Union School District provides equal
opportunity in employment without regard to
race, religion, color, national origin, ancestry,
physical handicap, medical condition, sexual
orientation, marital status, age, gender
expression, gender identity, and gender in
accordance with Title VI of the Civil Rights Act of
1964, Title IX of the Education Amendment of
1972, Section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of 1975, and
Menifee Union School District policy. A physical
examination and drug screen may be required of
all finalists before employment.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
686 of 734

Exhibit B-2 ELOP Budget – City Reimbursable Expenses
Terms
Capitalized terms not otherwise defined herein are defined in the Memorandum of Understanding (“MOU”) to which this Exhibit B-2 is attached.

City Reimbursable Expenses
The District shall reimburse the City for expenses included in Table 1 herein , up to an amount not -to-exceed $1,708,236 in year 1 in fiscal year 2022/23, an amount not-to-exceed $2,853,844 in fiscal year 2023/24, and an amount not-to-exceed $3,126,532 fiscal year 2024/25 (each a “City Reimbursable Expense”) . The Parties may also mutually agree in writing to additional City Reimbursable Expenses, or to revisions to the budgets contained in Tables 1which are currently es timates of approximate costs . City Reimbursable Expenses shall also include supplies and equipment procured by the City and reimbursed by the District pursuant to Exhibits A-1 and B-1 to the MOU.

Payments for Reimbursement
Reimbursement requests shall be produced by the City and submitted to the District for approval either quarterly or monthly. The District shall issue payments for approved reimbursements within 30 days of receipt of the reimbursement request. Denial or delay of payment and the reason therefor shall be communicated to the City in writing within 14 days of receipt of the reimbursement request . The District shall not deny a reimbursement request for a City Reimbursable Expense.

Table 1 – “Program Budget”
Fiscal Year 22-23 (Year 1) amount is based on an abbreviated schedule with an after-school program commencing on October 3, 2022 at eight (8) e lementary schools and two (2) middle school sites in the City listed in Exhibit B-1 to the MOU, serving as many students possible while complying with minimum student to staff ratios of 10:1 for transitional kindergarten and kindergarten and 20:1 for 1through 6th grade. The fiscal year 2022/23 budget is not to exceed $1,708,236.

Fiscal Year 23-24 (Year 2) amount is based on a schedule with an after-school program commencing on first day of school at eight (8) elementary schools and three (3) middle school sites in the City listed in Exhibit B-1 to the MOU, serving as many students possible while complying with minimum student to staff ratios of 10:1 for transitional kindergarten and kindergarten and 20:1 for 1 through 6th grade. The fiscal year 2023/24 budget is not to exceed $2,853,844.

Fiscal Year 24-25 (Year 3) amount is based on a schedule with an after-school program commencing on first day of school at nine (9) elementary schools and three (3) middle school sites in the City listed in Exhibit B -1 to the MOU, serving as many students possible while complying with minimu m student to staff ratios of 10:1 for transitional kindergarten and kindergarten and 20:1 for 1 through 6th grade. The fiscal year 2023/24 budget is not to exceed $3,126,532.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
687 of 734

Table 1 – Program Budget (Estimation/Illustration of staff cost) FY 22/23 FY 23/24 FY 24/25

Item Title: 12.1
Memorandum

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School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
688 of 734

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
689 of 734

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with resolution 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

ELOP Fund Adopted FY 2022/23 Revenue Budget: $0

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
August 17, 2022
Expanded Learning Opportunity
Programs (ELOP) Program
Reimbursement
360-3890 $1,708,236
TOTAL: $1,708,236
Amended ELOP Fund FY 2022/23 Revenue Budget: $1,708,236 ELOP Fund Adopted FY 2022/23 Expenditure Budget: $0

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
August 17, 2022
Expanded Learning Opportunity
Programs (ELOP) Program
(PERSONNEL COSTS)
360-4660-xxxxx
(Various) $1,616,350
August 17, 2022
Expanded Learning Opportunity
Programs (ELOP) Program
(Office Supplies)
360-4660-51010 15,000
August 17, 2022
Expanded Learning Opportunity
Programs (ELOP) Program
(Hiring Costs)
360-4660-51600 9,223
August 17, 2022
Expanded Learning Opportunity
Programs (ELOP) Program
(Travel/Conferences/Meetings)
360-4660-52210 13,200
August 17, 2022
Expanded Learning Opportunity
Programs (ELOP) Program
(Uniforms)
360-4660-52400 4,463
August 17, 2022
Expanded Learning Opportunity
Programs (ELOP) Program
(Professional Services)
360-4660-52800 50,000
TOTAL: $1,708,236
Amend ELOP Fund FY 2022/23 Expenditure Budget: $1,708,236 Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
690 of 734

Amending the Fiscal Year 2022/23 ELOP Fund Budget
Fiscal Year 2022/23 ELOP Program
2 4
3 9
7 5

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the ELOP Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Expanded Learning Opportunity Programs (ELOP)
Program Reimbursement $1,708,236
Amended ELOP Fund FY 2022/23 Budget $1,708,236

Expenditures:

Expanded Learning Opportunity Programs (ELOP) Program
(PERSONNEL COSTS) $1,616,350
Expanded Learning Opportunity Programs (ELOP) Program
(Office Supplies) 15,000
Expanded Learning Opportunity Programs (ELOP) Program
(Hiring Costs) 9,223
Expanded Learning Opportunity Programs (ELOP) Program
(Travel/Conferences/Meetings) 13,200
Expanded Learning Opportunity Programs (ELOP) Program
(Uniforms) 4,463
Expanded Learning Opportunity Programs (ELOP) Program
(Professional Services) 50,000
Amended ELOP Fund FY 2022/23 Budget $1,708,236 PASSED, APPROVED AND ADOPTED this 17h day of August 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
691 of 734

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with resolution 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

General Fund Adopted FY 2022/23 Revenue Budget: $67,933,273

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended General Fund FY 2022/23 Revenue Budget: $67,933,273 General Fund Adopted FY 2022/23 Expenditure Budget: $67,933,273

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022
FY21/22 Budget Carry-over
(Reprogrammed) Fire Station #68
Improvements
100-4555-58101 $97,675
August 17, 2022 Community Services: Management Aide
(0.5 FTE) Addition
100-4661-xxxxx
(Various) 58,726
TOTAL: $156,401
Amend General Fund FY 2022/23 Expenditure Budget: $68,089,674

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
692 of 734

Amending the Fiscal Year 2022/23 General Fund Budget
Community Services: Management Aide Addition
2 4
3 9
7 5

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the General Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended General Fund FY 2022/23 Budget $67,933,273

Expenditures:

Community Services: Management Aide (0.5 FTE)
Addition $58,726
Amended General Fund FY 2022/23 Budget $68,089,674 PASSED, APPROVED AND ADOPTED this 17th day of August 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
693 of 734

RESOLUTION NO. 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MENIFEE, CALIFORNIA, UPDATING THE CLASSIFICATION

AND COMPENSATION PLAN FOR THE CITY OF MENIFEE

WHEREAS, it is necessary to amend the City’s Classification and Compensation plan from time to time to maintain a current plan which reflects the organizational structure, workload, or otherwise; and

WHEREAS, the City Cou ncil has approved a memorandum of understanding with the Menifee Union School District for fiscal years 2022/23, 2023/24, and 2024/25 to operate grant funded Expanded Learning Opportunity Programs; and

WHEREAS, the Classification and Compensation Plan has been updated to reflect changes required with the parti cipation in the Expanded Learning Division of the California Department of Education for fiscal year 2022/23; and

WHEREAS, the Classification and Compensation Plan, including the schedule of authorized positions, attached hereto, is hereby adopted pursuant to Section 45001 of the California Government Code; such list is attached to this Res olution as “Exhibit A” and incorporated herein by this reference; and

WHEREAS, the changes to the Classification and Compensation Plan require City Council approval; and

WHEREAS, the updated Classification and Compensation Plan shall become effective immediately, and may be, thereafter, amended; and

WHEREAS, the City Manager shall implement the attached Classification and Compensation Plan and has the authority to select and appoint employees in accordance with the City’s Personnel Rules and Regulations; and

WHEREAS, the City Manager in accordance with the City of Menifee Municipal Code Section 2.08.060(B), shall administer the City personnel system; this resolution specifically authorizes the City Manager to establish, fix and alter job classifications including titles, descriptions, compensation and number of positions in the Classification and Compensation Plan as needed, subject to the total personnel expenditure budget limitations approved by the City Council, and in accordance with the provisions of Gov. Code 3500 et. seq., if applicable; and

WHEREAS, all prior resolutions and parts of this resolution in conflict with this resolution are hereby rescinded.

NOW, THEREFORE, BE IT RESOLVED that the City of Menifee, California, does hereby DETERMINE and ORDER as follows:

Section 1 : The City Council hereby does adopt the Classification and Compensation Plan effective immediately as presented herewith.

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
694 of 734

City of Menifee
Resolution- Classification & Compensation Plan

PASSED, APPROVED AND ADOPTED this 17 Day of August 2022.

_________________________
Bill Zimmerman, Mayor

Attest:

_____________________
Stephanie Roseen, Acting City Clerk

Approved as to form:

______________________
Jeffrey T. Melching, City Attorney

Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
695 of 734

"EXHIBIT A"
Effective 8/17/2022
Department Title Classification Group FTE Step From Step To Council Council Member Elec Elected n/a n/a 7,800.00$
Council Council Member Elec Elected n/a n/a 7,800.00$
Council Council Member Elec Elected n/a n/a 7,800.00$
Council Council Member Elec Elected n/a n/a 7,800.00$
Council Mayor Elec Elected n/a n/a 9,000.00$

City Exective Office City Manager Contract 1.0 n/a - n/a 272,929$ City Exective Office Assistant City Manager Contract 1.0 625 183,677$ 675 235,699$ City Exective Office Public Information & Legislative Affairs Officer Mid 1.0 535 117,249$ 585 150,457$ City Exective Office Senior Management Analyst Conf 1.0 481 89,566$ 531 114,933$ City Exective Office Management Analyst Conf 1.0 443 74,102$ 493 95,090$ City Exective Office Media & Production Coordinator Gen 1.0 432 70,146$ 482 90,014$ City Exective Office Public Information Specialist Gen 1.0 405 61,309$ 455 78,673$ City Exective Office Media Specialist Gen 1.0 405 61,309$ 455 78,673$ City Exective Office Executive Assistant Conf 1.0 387 56,044$ 437 71,918$

Building and Safety Building Official Mid 1.0 547 124,481$ 597 159,737$ Building and Safety Building/Safety Manager Mid 1.0 525 111,545$ 575 143,137$ Building and Safety Plans Examiner Gen 2.0 443 74,102$ 493 95,090$ Building and Safety Senior Building Inspector Gen 1.0 443 74,102$ 493 95,090$ Building and Safety Building Inspector Gen 4.0 420 66,071$ 470 84,784$ Building and Safety Management Analyst Prof 1.0 443 74,102$ 493 95,090$ Building and Safety Permit Center Coordinator Prof 1.0 432 70,146$ 482 90,014$ Building and Safety Building Permit Technician Gen 3.0 395 58,326$ 445 74,845$ Building and Safety Office Specialist II Gen 1.0 318 39,726$ 368 50,977$

City Clerk City Clerk Exec 1.0 579 146,021$ 629 187,379$ City Clerk Management Analyst Prof 1.0 443 74,102$ 493 95,090$ City Clerk Assistant City Clerk Prof 1.0 462 81,468$ 512 104,542$ City Clerk Records Technician Gen 1.0 347 45,908$ 397 58,911$ City Clerk Administrative Assistant Gen 1.0 367 50,724$ 417 65,090$ City Clerk Receptionist Gen 1.0 284 33,530$ 334 43,026$

Code Enforcement Code Enforcement Supervisor Prof 1.0 449 76,353$ 499 97,979$ Code Enforcement Senior Code Enforcement Officer Gen 2.0 430 69,450$ 480 89,120$ Code Enforcement Code Enforcement Officer II Gen 2.0 409 62,544$ 459 80,258$ Code Enforcement Code Enforcement Officer I Gen 1.0 387 56,044$ 437 71,918$ Code Enforcement Code Enforcement Technician Gen 1.0 367 50,724$ 417 65,090$ Code Enforcement Office Specialist II Gen 1.0 318 39,726$ 368 50,977$

Community Development Community Development Director Contract 1.0 605 166,239$ 655 213,323$ Community Development Planning Manager Mid 1.0 547 124,481$ 597 159,737$ Community Development Principal Planner Mid 1.0 516 106,648$ 566 136,854$ Community Development Senior Planner Prof 3.0 481 89,566$ 531 114,933$ Community Development Senior Management Analyst Prof 1.0 481 89,566$ 531 114,933$ Community Development Associate Planner Gen 3.0 449 76,353$ 499 97,979$ Community Development Management Analyst I Prof 1.0 443 74,102$ 493 95,090$ Community Development Management Aide (Part-Time)(Limited Term) Prof 0.5 405 61,309$ 455 78,673$ Community Development Assistant Planner Gen 2.0 430 69,450$ 480 89,120$ Community Development Planning Technician Gen 1.0 395 58,326$ 445 74,845$ Community Development Administrative Assistant Gen 1.0 367 50,724$ 417 65,090$

CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2022-2023
Annual Salary Ranges
FY22/23 New Request
FY21/22 Personnel Approved Under
CM Authority
Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
696 of 734

"EXHIBIT A"
Effective 8/17/2022
Department Title Classification Group FTE Step From Step To

CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2022-2023
Annual Salary Ranges
FY22/23 New Request
FY21/22 Personnel Approved Under
CM Authority

Community Services Community Services Director Contract 1.0 605 166,239$ 655 213,323$ Community Services Park/Landscape Maintenance Manager Mid 1.0 525 111,545$ 575 143,137$ Community Services Community Services Manager Mid 1.0 525 111,545$ 575 143,137$ Community Services Management Analyst II Prof 1.0 462 81,468$ 512 104,542$ Community Services Community Services Supervisor Prof 2.0 449 76,353$ 499 97,979$ Community Services Management Analyst I Prof 1.0 443 74,102$ 493 95,090$ Community Services Field Supervisor Prof 1.0 420 66,071$ 470 84,784$ Community Services Management Aide Gen 1.0 405 61,309$ 455 78,673$ Community Services Community Services Coordinator Gen 4.0 383 54,937$ 433 70,497$ Community Services Park Ranger Gen 2.0 383 54,937$ 433 70,497$ Community Services Sr. Park Maintenance Worker Gen 1.0 377 53,318$ 427 68,419$ Community Services Park Maintenance Worker II Gen 6.0 360 48,983$ 410 62,857$ Community Services Sr. Facility Maintenance Worker Gen 1.0 377 53,318$ 427 68,419$ Community Services Facilities Maintenance Worker II Gen 1.0 360 48,983$ 410 62,857$ Community Services Administrative Assistant Gen 1.0 367 50,724$ 417 65,090$ Community Services Office Aide (Part-Time) PT 0.5 269 30,206$ 319 46,850$ Community Services Community Services Specialist (Part-Time) PT 9.8 326 41,343$ 376 46,850$ Community Services Part Time Leader, Instructor, Maintenance(Full Time Equivalents) PT 47.75 32,242$ 46,403$

Economic Development Economic Development Director Contract 1.0 595 158,152$ 645 202,944$ Economic Development Sr. Management Analyst Prof 1.0 481 89,566$ 531 114,933$ Economic Development Management Aide Gen 2.0 405 61,309$ 455 78,673$

Finance Chief Financial Officer Contract 1.0 605 166,239$ 655 213,323$ Finance Deputy Finance Director Contract 1.0 564 135,496$ 614 173,872$ Finance Finance Manager Mid/Conf 2.0 534 116,666$ 584 149,709$ Finance Principal Accountant Mid 1.0 516 106,648$ 566 136,854$ Finance Financial Analyst Prof 1.0 481 89,566$ 531 114,933$ Finance Senior Accountant Prof 1.0 481 89,566$ 531 114,933$ Finance Accountant II Prof - 462 81,468$ 512 104,542$ Finance Accountant I Prof - 443 74,102$ 493 95,090$ Finance Accountant Trainee Gen 1.0 405 61,309$ 455 78,673$ Finance Contract/Purchasing Specialist Gen 1.0 405 61,309$ 455 78,673$ Finance Management Aide Gen 1.0 405 61,309$ 455 78,673$ Finance Senior Accounting Technician Gen 2.0 396 58,617$ 446 75,219$ Finance Accounting Technician II Gen 2.0 377 53,318$ 427 68,419$ Finance Contract/Purchasing Technician II Gen 1.0 377 53,318$ 427 68,419$ Finance Contract/Purchasing Technician I Gen 1.0 354 47,539$ 404 61,004$ Finance Administrative Assistant Gen 1.0 367 50,724$ 417 65,090$ Finance Accounting Technician I (Business License) Gen 1.0 354 47,539$ 404 61,004$ Finance Accounting Technician I Gen 1.0 354 47,539$ 404 61,004$ Finance Accounting Assistant Gen 1.0 330 42,176$ 380 54,122$ Finance Cashier Gen 1.0 318 39,726$ 390 50,977$ Human Resources Deputy Human Resources Director Contract 1.0 564 135,496$ 614 173,872$ Human Resources Human Resources Manager Conf 1.0 525 111,545$ 575 143,137$ Human Resources Human Resources Analyst Conf 2.0 462 81,468$ 512 104,542$ Human Resources Emergency Management Analyst Conf 1.0 443 74,102$ 493 95,090$ Human Resources Human Resources Technician Conf 2.0 377 53,318$ 427 68,419$ Human Resources Office Specialist II Conf 1.0 318 39,726$ 368 50,977$ Information Technology Chief Information Officer Contract 1.0 605 166,239$ 655 213,323$ Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
697 of 734

"EXHIBIT A"
Effective 8/17/2022
Department Title Classification Group FTE Step From Step To

CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2022-2023
Annual Salary Ranges
FY22/23 New Request
FY21/22 Personnel Approved Under
CM Authority
Information Technology Information Technology Manager Mid/Conf 1.0 525 111,545$ 554 143,137$ Information Technology Geographic Information System Coordinator Conf 1.0 481 89,566$ 531 114,933$ Information Technology Audio Visual (AV) System Coordinator Conf 1.0 481 89,566$ 531 114,933$ Information Technology Information Technology Analyst Conf 3.0 462 81,468$ 512 104,542$ Information Technology Management Analyst II Conf 1.0 462 81,468$ 512 104,542$ Information Technology Information Technology Technician Conf 3.0 396 58,617$ 446 75,219$ Information Technology Geographic Information System Technician Conf 2.0 396 58,617$ 446 75,219$ Information Technology Audio Visual (AV) System Technician Conf 1.0 396 58,617$ 446 75,219$ Fire Senior Fire Permit Technician Gen 1.0 395 58,326$ 445 74,845$ Fire Office Specialist II Gen 1.0 318 39,726$ 368 50,977$ Police Chief of Police Contract 1.0 PC625 185,513$ PC675 238,056$ Police Police Captain PMA 2.0 P587 149,014$ P637 191,218$ Police Police Lieutenant PMA 4.0 P557 128,305$ P607 164,645$ Police Police Support Services Manager Mid 1.0 525 111,545$ 575 143,137$ Police Police Sergeant PMA 12.0 P518 105,625$ P568 135,541$ Police Budget and Grants Analyst Prof 1.0 481 89,566$ 531 114,933$ Police Senior Police Personnel & Training Analyst Conf 1.0 481 89,566$ 531 114,933$ Police Crime Analyst Prof 1.0 462 81,468$ 512 104,542$ Police Police Officer POA 72.0 P467 81,903$ P517 105,100$ Police Police Records Supervisor Prof 1.0 430 69,450$ 480 89,120$ Police Crime Scene/Property & Evidence Specialist PEA Misc 2.0 420 68,714$ 470 88,176$ Police Sr. Community Service Officer PEA Misc 1.0 429 71,869$ 479 92,224$ Police Community Service Officer II PEA Misc 6.0 409 65,046$ 459 83,469$ Police Investigative Specialist II PEA Misc 4.0 409 65,046$ 459 83,469$ Police Executive Assistant Conf 1.0 387 56,044$ 437 71,918$ Police Sr. Police Records Technician PEA Misc 1.0 397 61,267$ 447 78,619$ Police Property Room Technician PEA Misc 1.0 377 55,450$ 427 71,156$ Police Police Records Technician PEA Misc 5.0 377 55,450$ 427 71,156$ Police Administrative Assistant Gen 1.0 367 50,724$ 417 65,090$ Public Works/Engineering Director of Public Works and Engineering Contract 1.0 605 166,239$ 655 213,323$ Public Works/Engineering Deputy Director of Public Works/City Engineer Contract 1.0 570 139,612$ 620 179,153$ Public Works/Engineering Assistant City Engineer Mid 1.0 547 124,481$ 597 159,737$ Public Works/Engineering Principal Engineer Mid 2.0 534 116,666$ 584 149,709$ Public Works/Engineering Public Works Manager Mid 1.0 525 111,545$ 575 143,137$ Public Works/Engineering Construction Manager Mid 1.0 516 106,648$ 566 136,854$ Public Works/Engineering Senior Engineer (Part-Time) Prof 0.5 504 100,453$ 554 128,904$ Public Works/Engineering Senior Engineer Prof 3.0 504 100,453$ 554 128,904$ Public Works/Engineering Associate Engineer Gen 5.0 481 89,566$ 531 114,933$ Public Works/Engineering Financial Analyst Prof 1.0 481 89,566$ 531 114,933$ Public Works/Engineering Senior Public Works Inspector Gen 1.0 462 81,468$ 512 104,542$ Public Works/Engineering Fleet & Equipment Supervisor Prof 1.0 449 76,353$ 499 97,979$ Public Works/Engineering Public Works Maintenance Supervisor Prof 1.0 449 76,353$ 499 97,979$ Public Works/Engineering Assistant Engineer Gen 2.0 443 74,102$ 493 95,090$ Public Works/Engineering Management Analyst I Prof 2.0 443 74,102$ 493 95,090$ Public Works/Engineering Public Works Inspector II Gen 1.0 430 69,450$ 480 89,120$ Public Works/Engineering Senior Fleet Technician Gen 1.0 420 66,071$ 470 84,784$ Public Works/Engineering Public Works Inspector I Gen 2.0 409 62,544$ 459 80,258$ Public Works/Engineering Fleet Technician Gen 1.0 395 58,326$ 445 74,845$ Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
698 of 734

"EXHIBIT A"
Effective 8/17/2022
Department Title Classification Group FTE Step From Step To

CITY OF MENIFEE
AUTHORIZED POSITIONS and COMPENSATION
FISCAL YEAR 2022-2023
Annual Salary Ranges
FY22/23 New Request
FY21/22 Personnel Approved Under
CM Authority
Public Works/Engineering Engineering Technician I Gen 2.0 395 58,326$ 445 74,845$ Public Works/Engineering Senior Street Maintenance Worker Gen 2.0 377 53,318$ 427 68,419$ Public Works/Engineering Administrative Assistant Gen 2.0 367 50,724$ 417 65,090$ Public Works/Engineering Street Maintenance Worker II Gen 8.0 360 48,983$ 410 62,857$ Public Works/Engineering Fleet Services Worker I Gen 1.0 340 44,333$ 390 56,889$ Public Works/Engineering Street Maintenance Worker I Gen 2.0 340 44,333$ 390 56,889$ Public Works/Engineering Office Specialist II Gen 1.0 318 39,726$ 390 50,977$ TOTAL BUDGETED POSITIONS 350.00
Group Key:

Elec: Elected
Appt: Appointed
Nonrep: Non-Represented
Conf: Confidential
Mid: Mid-Management
PMA: Police Management
POA: Police Officers
PEA Misc: Police Employee Miscellaneous Unit
Prof: Professional
Gen: General
PT: Part-Time
Item Title: 12.1
Memorandum

of

Understanding

with

Menifee

Union

School

District

for

Expanded

Learning

Opportunity

Program
Partnership
Menifee Mayor and City Council
August 17, 2022
Page
699 of 734

CITY OF MENIFEE
SUBJECT: Ordinance Introduction of an Amendment to Title 8 of the Menifee Municipal Code to add Electrical Vehicle Charging Station Permit Procedures
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Antonio Chavez, Management Analyst
REVIEWED BY: Craig Carlson, Building Official
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Introduce an ordinance adding Chapter 8.24 to Title 8 of the Menifee Municipal Code, setting forth procedures for expediting permit processes for electric vehicle charging systems.

DISCUSSION
In 2015, the State of California adopted Assembly Bill (AB) 1236 (Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations.

An electric vehicle charging station is any level of electric vehicle supply equipment station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. AB 1236 refers to the recommendations in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research.

Per Government Code Section 65850.7 local ordinances are to include timelines for plan check as well as a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review. This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to show the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not Item Title: 12.2
Ordinance

Introduction

of

an

Amendment

to

Title

8 of

the

Menifee

Municipal

Code

to

add

Electrical

Vehicle

Charging
Station Permit Procedures
Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
Page
700 of 734

City of Menifee Staff Report
Ordinance for Electrical Vehicle Charging Station Permit Procedures August 17, 2022

Page 2 of 2 ends
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