Menifee City Council
February 21, 2024

EXHIBIT “A”

CONDITIONS OF APPROVAL
Planning Application No.:Tentative Parcel Map No. 38432 (PLN22-0114) and Plot Plan No. PLN22-0115
Project Description: Tentative Parcel Map No. 38432 (PLN22-0114) proposes to combine eight parcels (APNs 331-150-036, 331-150-037, 331- 150-039, 331-150-040, 331-150-041, 331-150-042, 331-150- 044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net-acres.

Plot Plan No. PLN22-0115 proposes to construct one concrete tilt-up building totaling 1,138,638 square feet which includes 10,000 square feet of office, 928,638 square feet of ground floor warehouse and 200,000 square feet of mezzanine space on an approximately 43.94 net-acre project site. The building proposes a structural height of approximately 50 feet and includes 616 automobile parking spaces, 284 truck trailer parking spaces, and 128 dock doors. The project would include on-site landscaping as well as off-site landscaping within the Dawson Road and Antelope Road rights-of-way.

Assessor's Parcel No.:331-150-036, -037, -039, -040, -041, -042, -044, & -045 MSHCP Category:Industrial
DIF Category:Industrial/Business Park
TUMF Category:Industrial
Quimby Category:Quimby fees are not required for industrial developments Approval Date:December 13, 2023
Expiration Date:December 13, 2026
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1.Indemnification. Indemnification. Within 48 hours of project approval, the Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved.

2.Filing Notice of Determination. Within 48 hours of project approval, the Planning Division will determine the appropriate fees for the Notice of Determination (NOD) filing and request the payment of fees to the City of Menifee in the form of a check or cash.

Upon receipt of payment, the Planning Division will file the NOD with the relevant agencies as required under Public Resources Code, California Code of Regulations and California Fish and Game Code.

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Section I: Conditions Applicable to All Departments
Section II: Planning Division Conditions of Approval
Section III-A: Engineering/Public Works Department Conditions of Approval
Section III-B: Engineering/Public Works Department Standard Policies & Procedures
Section IV: Building and Safety Division Conditions of Approval Section V: Office of the Fire Marshal Conditions of Approval Section VI: Other Agency Conditions of Approval
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Section I:

Conditions Applicable to all
Departments
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3.Exhibits. The project shall be constructed as approved by the Planning Commission on December 13, 2023, and as shown in Attachment No. 1 in the accompanying staff report. Any subsequent changes shall be processed per Menifee Municipal Code Section 9.30.120 Modifications to Previously Approved Permits.

4.Mitigation Monitoring. The applicant shall comply with, prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Project which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance.

5.Ninety (90) Days. The applicant has ninety (90) days from the date of approval of these conditions to protest the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project per Government Code Section 66020.

6.Subsequent Submittals. Any subsequent submittals required by these Conditions of Approval, including but not limited to grading plan, building plan or mitigation monitoring review and appropriate fees paid as may be in effect at the time of submittal, as required by Resolution No. 22- 1229 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with.

7.Expiration Date. This approval shall become null and void three (3) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection or an extension of time application has been submitted to the Planning Division prior to the expiration date. Extensions may be granted per Menifee Municipal Code.

8.Modifications or Revisions. The applicant shall obtain City approval for any modifications or revisions to the approval of this project.

9.Comply with Ordinances. This project shall comply with the standards of the City of Menifee Development Code, City of Menifee Municipal Code, City of Menifee Design Guidelines and all other applicable ordinances and State and Federal codes and regulations.

10.Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky.

11.Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Title 7 of the City of Menifee Municipal Code, unless modified by the conditions listed herein.

12.No Offsite Signage. No offsite signs advertising this land division/development are permitted, other than those allowed under the Menifee Municipal Code. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed.

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13.Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact, Multi-Species Habitat Conservation Plan (MSHCP), Stephen’s Kangaroo Rat (KRAT), School Fees, Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).

14.Property Maintenance. All parkways, entryway medians, on-site and off-site landscaping, walls, fencing, recreational facilities, basins, and on-site lighting shall be maintained by the owner, private entity, the City of Menifee Community Facilities District (CFD), or other mechanism approved by the City.

All landscaping and similar improvements not properly maintained by a property owners association, individual property owners, or the common area maintenance director must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee.

The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner’s association, or any other successor-in-interest.

15.Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority.

16.Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures.

17.Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by Eastern Municipal Water District.

18.Laws, Ordinances, and Regulations. Existing requirements based on local, state, or federal regulations or laws are frequently required independently of CEQA review.

Typical requirements include compliance with the provisions of the Building Code, CalGreen Code, local municipal code, SCAQMD Rules, etc. Since Laws, Ordinances, and Regulations (LORs) are neither Project specific nor a result of development of the Project, they are not considered to be project design features or Mitigation Measures.

LOR-1Prior to the issuance of grading permits, the City Engineer shall confirm that the Grading Plan, Building Plans and Specifications require all construction contractors to comply with South Coast Air Quality Management District’s (SCAQMD’s) Rules 402 and 403 to minimize construction emissions of dust and particulates. The measures include, but are not limited to, the following:
• Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized.

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• All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized.
• All material transported off-site will be either sufficiently watered or securely covered to prevent excessive amounts of dust.
• The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times.
• Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface.

LOR-2 Pursuant to SCAQMD Rule 1113, the Project Applicant shall require by contract specifications that the interior and exterior architectural coatings (paint and primer including parking lot paint) products used would have a volatile organic compound rating of 50 grams per liter or less.

LOR-3 Require diesel powered construction equipment to turn off when not in use per Title 13 of the California Code of Regulations, Section 2449.

LOR-4Install water-efficient irrigation systems and devices, such as soil moisture- based irrigation controls and sensors for landscaping according to the City’s Landscape Water Use Efficiency requirements (Municipal MC Chapter 1504).

LOR-5 The Project shall be designed in accordance with the applicable Title 24 Energy Efficiency Standards for Nonresidential Buildings (California Code of Regulations [CCR], Title 24, Part 6). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods. The Building Official, or designee shall ensure compliance prior to the issuance of each building permit. The Title 24 Energy Efficiency Standards (Section 110.10) require buildings to be designed to have 15 percent of the roof area “solar ready” that will structurally accommodate later installation of rooftop solar panels. If future building operators pursue providing additional rooftop solar panels, they will submit plans for solar panels prior to occupancy.

LOR-6 The Project shall be designed in accordance with the applicable California Green Building Standards (CALGreen) Code (24 CCR, Part 11). The Building Official, or designee shall ensure compliance prior to the issuance of each building permit.

These requirements include, but are not limited to:
• Design buildings to be water efficient. Install water-efficient fixtures in accordance with Section 5.303 (nonresidential) of the California Green Building Standards Code Part 11.
• Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1 (nonresidential) of the California Green Building Standards Code Part 11. • Provide storage areas for recyclables and green waste and adequate recycling containers located in readily accessible areas in accordance with Section 5.410 (nonresidential) of the California Green Building Standards Code Part 11. • To facilitate future installation of electric vehicle supply equipment (EVSE), nonresidential construction shall comply with Section 5.106.5.3 (nonresidential electric vehicle charging) of the California Green Building Standards Code Part

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LOR-7The Project tenants shall comply with the SCAQMD Indirect Source Rule (Rule 2305). This rule is expected to reduce NOX and PM10 emissions during construction and operation. Emission reductions resulting from this rule were not included in the Project analysis. Compliance with Rule 2305 is enforced by the SCAQMD through their reporting process and is required for all warehouse projects greater than 100,000 square feet.

LOR-8 Trees shall be installed in automobile parking areas to provide 50 percent shade cover of parking areas within fifteen years in accordance with Menifee MC (Development Code) section 9.195.040 of the City’s Development Code. Trees shall be planted that are capable of meeting this requirement.

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Section II:

Planning Division Conditions of
Approval
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General Conditions

19.Loading Areas. Loading and/or unloading of goods/supplies shall occur in designated loading areas as shown on the approved exhibits. No loading or unloading is allowed within drive aisles, parking areas, or on adjacent public streets. Loading areas shall be kept free of debris and clean throughout the life of this plot plan.

20.No Outdoor Storage. No outdoor storage is allowed within or upon the site except for truck trailers to be located at the designated parking areas within the truck court, including dock door spaces, as shown on the approved exhibits. No storage lockers, sheds, or bins shall be allowed to be stored outside the building unless first reviewed and approved by the Community Development Department. All trailer parking within the truck courts shall be fully screened from all adjacent streets with a screen wall and landscaping.

21.Screening. Sliding gates into loading areas visible from the street shall be constructed with wrought iron or tubular steel and perforated metal screening or equivalent durable material. The gate shall be painted to complement adjacent walls.

22.Sound Dampening. The design of dock-high loading doors shall minimize noise through installation of devices such as rubber seals and/or other sound-dampening features, and shall be included on the tenant improvement building permit plans.

23.Outside Agencies. The applicant shall comply with all comments and conditions of approval from any responsible agencies as shown in the attached letters from associated agencies.

24.Airport Influence Area. The project site is located within Zone D and E of the March Air Reserve Airport Influence Area. Therefore, the below notice shall be provided to all prospective purchasers of the property and tenants of the building and shall be recorded as a deed notice.
“NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances [can vary from person to person. You may wish to consider what airport annoyances], if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Business & Professions Code Section 11010 (b)(13)(A)”

25.Electromagnetic Radiation Notification. March Air Reserve Base must be notified of any land use having an electromagnetic radiation component to assess whether a potential conflict with Air Base radio communications could result. Sources of electromagnetic radiation include radio wave transmission in conjunction with remote equipment inclusive of irrigation controllers, access gates, etc.

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ARCHEOLOGICAL

26.Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. The remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC) within the period specified by law (24 hours). The NAHC will determine and notify a “most likely descendant.” With the permission of the landowner or his/her authorized representative, the most likely descendant may inspect the site of the discovery. This inspection shall be completed within 48 hours of notification by the NAHC. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.

27.Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code section 7927.000, parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 7927.000.

28.Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s).
a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.
c. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. d. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements Item Title: 11.1
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entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non- Disclosure of Reburial Condition.
e. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.”

29.Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources.
ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity.

Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation.

Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods Item Title: 11.1
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and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.

30.Inadvertent Paleontological Find. In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within fifty (50) feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery as needed in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the Community Development Department to determine procedures that would be followed before construction is allowed to resume at the location of the find. If in consultation with the paleontologist, the Project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan shall be submitted to the Community Development Department for review and approval and the Project proponent shall implement the approval plan.

Prior to Final Map

31.Processing Fees. Prior to issuance of building permits, the Planning Division shall determine if any fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.

32.Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).

33.Final Map Required. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the land divider shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department – Survey Division requirements, the conditionally approved TENTATIVE MAP, and in accordance with City of Menifee Municipal Code.

34.Environmental Constraints Sheet (ECS). The land divider shall prepare an ECS in accordance with Menifee Municipal Code, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP “Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book ___, Page ___.

35.ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS:
“This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6.” Item Title: 11.1
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36.ECS Note Biological. The following Environmental Constraints Note shall be placed on the ECS: “A biological report was prepared for this property in August 2023 by ELMT Consulting, Inc. and is on file at the City of Menifee Planning Division. Biological resources requiring protection include, but are not limited to, Burrowing Owl and Nesting Birds. The property is subject to biological resources restrictions based on the results of the reports.”

37.ECS Note EIR. The following Environmental Constraints Note shall be placed on the ECS: “An EIR was prepared for this property by Kimley Horn and is on file at the City of Menifee Planning Division (State Clearinghouse No. 2022120083). The property is subject to environmental restrictions based on the results of the reports. A Mitigation Monitoring and Reporting Program (MMRP) was adopted with the EIR and should be referenced to determine project compliance prior to recordation of the final map.” Prior to Issuance of Grading Permit

38.Processing Fees. Prior to issuance of building permits, the Planning Division shall determine if any fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.

39.Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).

40.Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Environmental Impact Report (EIR) for this Project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.

41.Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. a. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. b. The developer/permit holder shall submit a fully executed copy of the contract to the Planning Division to ensure compliance with this condition of approval.

Upon verification, the Planning Division shall clear this condition. c. In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Item Title: 11.1
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Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
d. Project grading and development scheduling;
i. The Project archeologist and the Consulting Tribes(s) shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available
ii. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.

42.Paleontologist Required. This site is mapped as having a high potential for paleontological resources (fossils) at shallow depth. Therefore, PRIOR TO ISSUANCE OF GRADING PERMITS:
a. The applicant shall retain a qualified paleontologist approved by the City of Menifee to create and implement a project-specific plan for monitoring site grading/earthmoving activities which exceeds 5 feet in depth in native sedimentary.
b. The project paleontologist retained shall review the approved Tentative Tract Map and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the Planning Division for review and approval prior to issuance of a Grading Permit.
c. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows:
i. The project paleontologist shall participate in a pre-construction project meeting with development staff and construction operations to ensure Item Title: 11.1
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an understanding of any mitigation measures required during construction, as applicable.
ii. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level.
iii. If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. iv. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains.
v. If fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate.
vi. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators.
vii. The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated.
viii. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Planning Division for review and approval prior to building final inspection as described elsewhere in these conditions. ix. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Planning Item Title: 11.1
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Division along with a copy of this condition, deposit-based fee and the grading plan for appropriate case processing and tracking.

43.Native American Monitoring (Soboba Band of Luiseño Indians and Pechanga Band of Indians). Tribal monitor(s) from both tribes shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians as well as the Pechanga Band of Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribes and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.

44.Archeology Report - Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).

Prior to Issuance of Building Permit

45.Processing Fees. Prior to issuance of building permits, the Planning Division shall determine if any fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.

46.Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, Menifee Union School District and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).

47.Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the EIR for this project which must be satisfied prior to issuance of building permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.

48.Dark Sky Ordinance. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division and the Planning Division Item Title: 11.1
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for plan check approval and shall comply with the requirements of Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, and the General Plan.

49.Roof-Mounted Equipment Plans. Roof-mounted equipment shall be shielded from ground view of the following: subject property, adjacent properties, and the adjacent rights-of-way. All building plans shall show roof-mounted equipment and methods for screening and shall be submitted to the Community Development Department for review and approval prior to building permit issuance.

50.Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the applicant provides to the Building and Safety Division and the Planning Division a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility.

51.Landscape and Irrigation Plans. Prior to building permit issuance, the applicant shall submit landscape and irrigation plans to the Planning Division for review and approval.

The fee for submittal will be determined by Resolution No. 22-1229 Cost of Services Fee Study and Planning Division Fee Schedule at the time of application submittal.

The plan shall be in substantial conformance to the approved exhibits, Menifee Municipal Code and the conditions of approval. The plan shall show all common open space areas (e.g., outdoor gathering areas). The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, slope planting, water quality basins, common area and/or outdoor gathering area landscaping.

Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering Department only.

52.Break Areas. Outdoor employee break/lunch areas with seating, trash bins, shade and landscaping shall be provided near each office area of each building and located away from loading, storage and trash areas. The exact location and design shall be shown on the landscape and irrigation plans and shall be reviewed and approved by the Community Development Department prior to building permit issuance. An indoor break area can be substituted for an outdoor break area at the discretion of the Community Development Director if the indoor break area is determined to provide superior amenities or if it is determined that there is no acceptable location for an outdoor break area near the office area.

53.Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. At applicant’s election, a cash security may also be used for amounts exceeding $2,500.

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54.Landscape Inspections. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-inspection, initial installation inspection, Six (6) Month and One Year Landscape Inspections.

55.Wall and Fencing Plan. Walls and fences shall require anti-graffiti coatings, where applicable and as determined by the Community Development Director.

56.Security Systems. Prior to the issuance of tenant improvement building permits, the applicant shall prepare a security plan for the site. The security plan for this project shall include a comprehensive security camera system that clearly depicts the entire parking field. This security camera system shall be based in the building containing the management office for this development, or inside a security office or other place acceptable to the City of Menifee Police Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month or as approved by the Police Department. The above camera surveillance system shall include LPR (License Plate Recognition) cameras installed at the entrances/exits to this project or as approved by the Police Department. LPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit this complex. It should be noted that high quality day/night vision LPR cameras are relatively inexpensive. The plan shall be approved prior to issuance of tenant improvement Building Permits. The Police Department and/or Community Development Department shall verify that the security system has been installed prior to final tenant occupancy.

In addition, the trash enclosure shall be properly secured and have a lock as well as a covering to keep unauthorized persons from entering the dumpster area.

57.Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees.

58.Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition.

59.Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the State air quality management authorities.

60.Curb and Walkway on End Stall Planters. Unless otherwise approved by the Community Development Director, a twelve (12) inch wide walkway shall be constructed along planters on end stalls adjacent to automobile parking areas. Public parking areas shall be designed with permanent curb, bumper, or wheel stop or similar Item Title: 11.1
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device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas.

61.Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines.

62.Double Detectors. Double detector check valve assemblies (backflow preventers) for landscape irrigation and domestic water shall not be located at visually prominent locations (such as the end of drive aisles or at site entries) and shall be well-screened with shrubs, berming, or low screen walls.

Prior to Final Inspection

63.Processing Fees. Prior to issuance of building permits, the Planning Division shall determine if any fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.

64.Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, Menifee Union School District and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).

65.Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the EIR for this project which must be satisfied prior to final inspection. The Community Development Director may require inspection or other monitoring to ensure such compliance.

66.Paleontological Monitoring Report. Prior to issuance of a certificate of occupancy, the applicant shall submit to the Planning Division, an electronic copy of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed on Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required.

67.Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block walls constructed as part of any phase of the Project, and written verification from the developer shall be provided to the Planning Division.

68.Final Planning Inspection. The applicant shall obtain final occupancy sign-off from the Planning Division for each building permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, decorative paving, public plazas, etc. The applicant shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition.

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69.Soil Management Plan. The applicant shall submit a Soil Management Plan (Report) to the Planning Division before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?”

70.Landscape Installation. All required landscape planting and irrigation shall be installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code, Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order.

71.Landscape Inspections. The applicant shall obtain a final certificate of completion from the Planning Division’s Landscape Inspector for each building permit issued by scheduling a final landscape inspection prior to the final occupancy from the Planning Division.

72.Phasing. If the project has been phased, all facilities meant to serve the current phase of development shall be installed in a usable condition. Project landscaping may not all be deferred until the final phase.

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Section III-A
Engineering/Public Works
Department Conditions of Approval
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The following are the Public Works / Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail.

Tentative Parcel Map 38432 proposes to consolidate eight parcels into one parcel to be improved for industrial development. The map is not phased; therefore, all public improvements will be required in one construction phase prior to any issuance of occupancies, unless otherwise approved by the City Engineer / Public Works Director. If the developer chooses to phase the subdivision map, the phasing of the public improvements will be considered, and the applicable conditions will be updated.

It is understood that the tentative parcel map must correctly show acceptable centerline elevations, all existing easements, traveled ways, cross sections, and drainage courses with appropriate drainage flows. Any omission or unacceptability may require the map to be resubmitted for further consideration. If there is a conflict between what is shown on the tentative parcel map and these conditions, these conditions will supersede what is shown on the tentative parcel map and any attachments to the tentative parcel map, including the site plan and other plans or exhibits. All questions regarding the true meaning of these conditions shall be referred to the Public Works / Engineering Department. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/PW Director. Any design exceptions shown on the tentative map and associated engineering documents that are not specifically requested shall be redesigned to meet city standards.

73. Drainage Study – The following report was reviewed and approved by the City: Preliminary Hydrology Report for CORE5 – Motte Business Center DEV2022-014, prepared by Huitt- Zollars, Inc., dated August 3rd, 2023.

The project shall comply with all mitigation recommended by the approved drainage study, and in accordance with City Standards. The design of drainage facilities will need to be revised if it does not adhere to City Standards.

Two copies of a final drainage study (also referred to as Hydrology/Hydraulics Report) shall be submitted to the City for review and approval. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre- and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by City at first submittal of report.

74. Final Project Specific Water Quality Management Plan (Final WQMP). The following report was reviewed and approved by the City: Preliminary Project Specific Water Quality Management Plan, Core 5 – Motte Business Center DEV2022-014 WQ-0297, prepared by Huitt-Zollars, Inc., dated April 12, 2022 revised August 2, 2023.

Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project Item Title: 11.1
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shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies:
a) Hydrology/hydraulics report
b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report
Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department.

75. Geotechnical Report – The following documentation was reviewed and approved by the City: Geotechnical Investigation Proposed Warehouse Project No. 21G173-1, prepared by Southern California Geotechnical, dated June 17, 2021.

Two copies of City-approved geotechnical/soils report, no more than three (3) years from date of application for grading permit, shall be provided to the City Public Works / Engineering Department with initial submittal of a grading plan. If there is no approved report and/or said report is past three (3) years from date of application, a new geotechnical/soils report and/or update letter, respectively, shall be prepared and submitted to City for review and approval. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A fee for review of the geotechnical/soils report and/or update letter shall be paid to the City, the amount of which shall be determined by the City at the first submittal of the report.

Geotechnical Report - A geotechnical/soils report was submitted to the City and reviewed by staff. The geotechnical/soil report was reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. Prior to issuance of any grading permit, two copies of the City approved geotechnical/soils report shall be submitted to the Public Works Engineering Department.

The developer/property owner shall comply with the recommendations of the report, and City standards and specifications. All grading shall be done in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer. An updated report may be required if deemed necessary by the Public Works Director prior to the issuance of any grading permit.

76. Off-Site Dedications - Prior to the approval of any improvement plans and the commencement of any construction associated with the development, the Developer shall be responsible for obtaining all necessary dedications of rights-of-way for offsite infrastructure improvements, right-of-entry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer. If the Developer cannot acquire a property interest in property required for off-site improvements, Government Code § 66462.5 shall apply and the City retains the right to:

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a. The Developer shall enter into an agreement to complete the improvements pursuant to Government Code § 66462 at such time as the City acquires an interest in the land that will permit the improvement to be made.
b. The Developer shall pay all costs associated with acquiring the offsite real property interests required in connection with the development.
c. In the instance where the developer and the city has made all reasonable efforts to negotiate the acquiring of said land, the developer may request that the city enter into the process of eminent domain, which shall be done in accordance with all applicable laws and regulations and at the discretion of City Approval.

77. Antelope Road / Dawson Road Dedication. The developer / property owner shall dedicate the necessary Antelope Road (Secondary undivided Roadway per City Circulation Element) and Dawson Road (Industrial Collector Undivided Roadway) right of way fronting the development on the final map or through another acceptable recordable instrument prior to issuance of any building permit.

78. Traffic Study Report – The following report was reviewed and approved by the City:

Traffic Study for the Proposed Motte Business Center Project in the City of Menifee, prepared by Kimley-Horn and Associates, Inc., dated August 2023.

The Public Works Department – Traffic Engineering Division has reviewed the Traffic Study and has generally concurred with its findings. The developer/property owner shall be responsible for all improvements and mitigations, required or identified in the approved traffic study and according to these Conditions of Approval, such as but not limited to right- of-way frontage improvements, traffic signal construction or modification, and fair share fees. All required improvements and mitigation measures identified in the study shall be included in all improvement plans for review and approval by the Public Works Department.

Improvements identified in the Traffic Study are the absolute minimums recommend by the consultant traffic engineer. The City Engineer/PW Director may require traffic or street improvements beyond those identified in said study to address public safety and welfare, or to construct improvements eligible for DIF credits or reimbursement that front the project, as determined by the Public Works Director / City Engineer.

79. Summary of Improvements – The following is a summary of improvement requirements for the project. Construction of said improvements required prior to Certificate of Occupancy.

During Final Engineering, the developer / property owner can update the traffic study which could affect the following improvements, at the approval of the Public Works / Engineering Department :
a.Dawson Road – Project shall improve Dawson Road frontage to the ultimate half-width plus 12’ in accordance with City of Menifee Industrial Collector Roadway Standard Plan No. 112, including offsite transitions back to existing roadway conditions, approved by the City Engineer/Public Works Director.
b.Antelope Road – Project shall improve Antelope Road along project frontage to the ultimate half-width plus 12’ in accordance with the City of Menifee Secondary Roadway Standard Plan No. 111, including appropriate offsite transitions back to existing roadway conditions, approved by the City Engineer/Public Works Director. i. Unpaved Antelope Road shall be improved south of the project frontage to McLaughlin Road with one lane in each direction. The improvements on either side of the roadway shall include 12 foot paved lanes plus a 6 foot paved shoulder and the necessary drainage improvements such as swales Item Title: 11.1
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and culverts to maintain existing drainage patterns. The improvements shall include appropriate transitions subject to the approval of the Public Works Director / City Engineer.
ii. The improvements to Antelope Road south of the project frontage to McLaughlin Road may require obtaining right of way from Southern California Edison. In the event that the right of way acquisition impacts the project schedule, the developer / property owner may defer completion of the improvements as approved of the Public Works Director / City Engineer. c.Ethanac Road – Ethanac Road improvements from Dawson to Encanto Drive shall be constructed to the recommended configuration (4-Lane Arterial) as approved by the City Engineer/Public Works Director.
d.Antelope Road/Ethanac Road – At the intersection of Antelope Road and Ethanac Road, provide the following improvements, approved by the City Engineer/Public Works Director:
i. Add a dedicated westbound left-turn lane
ii. Widen Ethanac road to provide two-way left turn lane through the intersection
e.Dawson Road/Ethanac Road – At intersection of Dawson Road and Ethanac Road, provide the following improvements, approved by the City Engineer/Public works Director:
i. Install Traffic Signal
ii. Add a dedicated westbound left turn lane
iii. Add a dedicated eastbound right turn lane
iv. Add a dedicated northbound left turn lane

80. Raised medians shall be required to restrict turning movements where deemed necessary for public health and safety, as determined by the City Engineer/Public Works Director.

81. Fair Share Cost Participation for Off-site Improvements – The developer / property owner shall pay fair share costs for off-site improvements as detailed in the Traffic Study and identified below prior to issuance of a certificate of occupancy. The fair share cost estimates shall be based on conceptual exhibits prepared by the developer, reviewed and approved by the Public Works Director / City Engineer. These fair shares are determined as follows:
a. I-215 SB Ramps at Ethanac Road– The developer / property owner shall contribute a fair share construction cost of 2.7%.
b. I-215 NB Ramps at Ethanac – The developer / property owner shall contribute a fair share construction cost of 4.8%.
c. Trumble Road at Ethanac Road – The developer / property owner shall contribute a fair share construction cost of 7.4%.
d. Sherman Road at Ethanac Road – The developer / property owner shall contribute a fair share construction cost of 10.8%
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82. Signing and Striping – A signing and striping plan for project improvements is required for this project along the project frontage and off-site transitions and off-site improvements.

The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. The Signing and Striping Plan shall be approved by the City Engineer in accordance with City ordinances, standards, and specifications, and with the latest edition of the CAMUTCD.

83. Traffic Signals – The applicant shall be responsible for the construction of a new traffic signal at Dawson Road and Ethanac Road. The traffic signal plan shall be approved by the Public Works Director / City Engineer.

All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate.

84. Construction of Street and Wet Utility Improvements – The developer / property owner shall design and construct the following improvements:
a. Improvements - Construct all street, storm, sewer, water, and wall improvements to public agency engineering standards. All infrastructure improvements shall adhere to public agency standards, unless otherwise approved by City Engineer/PW Director. b. Frontage Improvements – The developer / property owner shall construct Antelope Road and Dawson Road to its ultimate half-width plus 12 feet per City Standards along its entire project frontage as determined by the City Engineer, detailed in conditions above.

The required improvements shall include the construction of appropriate pavement transitions from the new improvements to existing improvements beyond the project frontage. The design of the transitions shall be in accordance with the CA Highway Design Manual, finalized during review of final construction drawings, and approved by the Public Works Director / City Engineer.

85. TUMF Improvement and Credit Agreement for Ethanac Road Improvements– Ethanac Road is a qualified TUMF facility. The developer may qualify for credit for constructing Ethanac Road Improvements. To obtain credit for TUMF eligible facilities, the developer shall enter into a three party TUMF Improvement and Credit Agreement with WRCOG and the City of Menifee, prior to issuance of a building permit. The agreement shall be in accordance with City Ordinances and WRCOG Administrative Policy. The agreement requires WRCOG approval and City Council action.

86. Cost participation through Payment of TUMF and DIF for Offsite Improvements- The developer/property owner’s TUMF and DIF payment obligations shall be considered as cost participation for Project’s required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments.

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87. Streetscape Landscaping - The parkway areas within the public right-of-way or landscape easements fronting the entire property along Antelope Road and Dawson, shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD.

88. Drainage Improvements – Project shall construct the following drainage facilities in accordance with City of Menifee and RCFC standards and specifications, as approved by the City Engineer/Public Works Director.
a. Antelope Road – The Project shall construct an inlet structure (Line A-1B) capturing existing drainage flow beyond the northeast boundary, conveying it southbound on/adjacent to Antelope Road to the Existing RCFCD Romoland Line-A Channel. b. Dawson Road – The Project shall improve a storm drain line (Line A-1A) conveying flow southbound on Dawson Road to the Existing RCFCD Romoland Line-A Channel.

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Section III-B:

Engineering/Public Works
Department Standard Policies &
Procedures
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 318

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February 21, 2024
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89. All required public improvements must be constructed and accepted by the City prior to issuance of the first and any subsequent certificate of occupancy, unless approved by City Engineer/Public Works Director.

90. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/PW Director. Any design exceptions shown on the tentative map and associated engineering documents that are not specifically requested are not approved.

91. The developer is responsible to furnish & install one 2” and one 3” conduit for traffic signal interconnect and broadband purposes, per City of Menifee Standard Detail 1005, along all circulation element roads and intersections along project frontage.

92. Subdivision Map Act – The developer / property owner shall comply with the State of California Subdivision Map Act and all other laws, ordinances, and regulations pertaining to the subdivision of land.

93. Mylars – All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a licensed civil engineer and/or other registered/licensed professional as authorized by State law.

94. Guarantee for Required Improvements. Prior to grading permit issuance, construction permit issuance, and/or Final Map recordation, financial security or bonds shall be provided to guarantee the construction of all required improvements associated with each phase of construction, per the City’s municipal code.

95. Bond Replacement, Reduction, and Releases - All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards, and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security.

96. Existing and Proposed Easements - The final grading plan and improvement plans shall correctly show all existing easements, traveled ways, drainage courses, and encumbrances. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration.

97. Engineered Plans - All improvement plans, and grading plans shall be drawn on twenty- four (24) inches by thirty-six (36) inch Mylar and signed by a licensed civil engineer or other registered/licensed professional as required.

98.Plan Check Submittals – Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, streetlights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted to the Public Item Title: 11.1
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Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. GIS and ACAD files 2004 or later are required for all final maps upon approval.

99.Final Map Submittal Process – Appropriate final map plan check submittal forms shall be completed and appropriate fees or deposits paid. Prior to approval of the final map by the City Council, the developer / property owner shall provide along with the final map mylars, electronic files of the final map on Compact Disc (CD), in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) and (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer.
100.Plan Approvals – Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive Public Works / Engineering Department approval prior to issuance of any construction permit, grading permit, or building permits as applicable and as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control and Water Conservation District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District.

All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to recordation of a final map for which the improvements are required, or prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the PW Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. All required CFD landscape plans must be approved prior to building permit issuance. 101.As-Built Plans – Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to as-built all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). The timing for submitting the as-built plans shall be as determined by the Public Works Director / City Engineer. 102.Construction Times of Operation. The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following:
a. Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the City limits located 1/4 of a mile from Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 320

Menifee Mayor and City Council
February 21, 2024
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an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 6:30 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.020. There shall be no construction permitted on Sunday or nationally recognized holidays unless prior approval is obtained from the City Building Official or City Engineer.
b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day.
c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / City Engineer or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions.
d. A Pre-Construction meeting is mandatory with the City’s Public Works Inspection team prior to permit issuance and the start of any construction activities for this site. 103.Dry Utility Installations - Electrical power, telephone, communication, traffic signal, street lighting, and cable television conduits and lines shall be placed underground in accordance with current City Ordinances 460 and 461, and as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are

33.6 kilovolts or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council. 104. All grading activities shall conform to the latest adopted edition of the California Building Code, City Grading Ordinance, Chapter 8.26, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City.
105.Regulations and Ordinance on Grading Within the City – In addition to compliance with City Chapter 8.26, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Ordinances, City design standards and specifications and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare.
106.Dust Control – All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 321

Menifee Mayor and City Council
February 21, 2024
Page
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107.2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department.
108.Slope Setbacks – Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 109.Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per City Grading Ordinance Chapter 8.26. Drip irrigation shall be used for all irrigated slopes.
110.Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a licensed landscape architect and bonded per applicable City ordinances.
111.Slope Stability Report – A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report.
112.Erosion Control Plans – All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval.

Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round in compliance with all applicable City of Menifee Standards and Ordinances and the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season.
113.Water Quality Management Plan (WQMP) - All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP, executed report. The developer / property owner shall comply with the requirements of the WQMP report, the NPDES municipal permit in force, and City standards and specifications.
114.Design Grade Criteria – Onsite parking areas shall be designed in accordance with the current version of City of Menifee Standards and Specifications. Non-compliance may require a redesign of the project. Significant redesigns may require a revised Plot Plan.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 322

Menifee Mayor and City Council
February 21, 2024
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Design Grade Criteria:
a) On-Site Parking – Where onsite parking is designed, such as in common areas, parking stalls and driveways shall not have grade breaks exceeding 4%. A 50’ minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail.
b) Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises.
c)Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%,or approved by the PW Director/City Engineer. 115.Drainage Grade - Minimum drainage design grade shall be 1% except on Portland cement concrete surfaces where 0.35% shall be the minimum. The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade.
116.Finish Grade – Shall be sloped to provide proper drainage away from all exterior foundation walls in accordance with City of Menifee Standard Plan 300. 117.Use of Maximum and Minimum Grade Criteria – Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector and will need to be removed and replaced at developer’s or owner’s expense. 118.Licensed Geotechnical Engineer - A California licensed Geotechnical Engineer shall perform final determination of the foundation characteristics of soils within on-site development areas, and per the approved geotechnical report reviewed and approved by the City.
119.Retaining Walls – Sections, which propose retaining walls, will require separate permits. They shall be obtained prior to issuance of any other building permits – unless otherwise approved by the Building Official and/or the Public Works Director / City Engineer. The walls shall be designed by a licensed civil engineer and conform to City Standards. The plans shall include plan and profiles sheets. 120.Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 121.Drainage Runoff Emergency Escape. An emergency escape path shall be provided for the stormwater runoff at all inlets for the proposed underground facilities in the event that the inlets become blocked in any way. To prevent flood damage to the proposed structures, all proposed structures in the vicinity of the inlets and along the emergency escape path shall be protected from flooding by either properly elevating the finished floor in relation to the inlets and flow path or by making sure the structures are set back from the inlets to provide adequate flow through area in the event the emergency escape of the stormwater runoff is necessary.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 323

Menifee Mayor and City Council
February 21, 2024
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122.Riverside County Flood Control and Water Conservation District (RCFCWCD) Encroachment Permit Required. An Encroachment Permit Is required for any work within District right of way or any connection to District facilities. The Encroachment Permit application shall be processed and approved concurrently with the improvement plans.
123.RCFCWCD Submittal of Plans. A copy of the project specific WQMP, improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations (drainage report) shall be submitted to the District as reference material for the review and approval of the final drainage report and storm drain plans that propose construction of storm drain facilities that will be owned and maintained by the District.
124.Grading Permit for Clearing and Grubbing – City ordinance on grading requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities.
125.Compliance with NPDES General Construction Permit – The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). This is in addition to the Municipal permit governing design, WQMPs, and permanent BMPs.

Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 126.SWPPP - Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed.

The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. The City will require submittal of NOTs for requests to fully release associated grading bonds.
127.SWPPP for Inactive Sites – The developer/property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development.
128.Import/Export – In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer/property owner shall have obtained approval for the import/export location from the Public Works / Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and Item Title: 11.1
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Item Page Number: 324

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February 21, 2024
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comment and to the Public Works Director / City Engineer for approval. Additionally, if the movement of import/export occurs using City roads, review, and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform to the requirements of Chapter 8.26. 129.Offsite Grading Easements - Prior to recordation of a final map phase, or the issuance of a grading permit within a phased map whichever occurs first, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department.
130.Offsite Property and Right of Way – The developer / property owner shall be responsible for acquiring any offsite real property interests that may be required in connection with the development project. Prior to recordation of a final map, or the issuance of a grading permit, whichever occurs first, the developer shall obtain all required ROW, easements and / or permissions to perform offsite grading, from all affected landowners.
131.Acquisition of Property – If the developer / property owner is unable to obtain necessary property and right of way, where needed the City will assist in processing eminent domain to obtain right of way, in accordance with all laws and regulations and only after good faith efforts have been undertaken in negotiating the acquisition of property. It shall be the responsibility of the developer / property owner to coordinate their project timing with the eminent domain process as right of way acquisition is required prior to plan approval.
132.Increased Runoff Criteria. The development of this site would increase peak flow rates on downstream properties. Mitigation shall be required to offset such impacts. An increased runoff basin should be shown on the exhibit and calculations supporting the size of the basin shall be submitted to the District and the City for review. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable.

A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the City for review and approval. For design purposes, the proposed detention basin shall be sized using the 1-hour/100-year frequency storm event. Detention basin(s) and outlet(s) sizing will ensure that this storm event does not produce higher peak discharge in the "after" condition than in the "before" condition. For the 100-year event, an AMC II shall be used together with a constant loss rate.

Low Loss rates will be determined using the following:
i. Undeveloped Condition --> LOW LOSS = 90%
ii. Developed Condition --> LOW LOSS = .9 - (.8x%IMPERVIOUS) iii. Basin Site --> LOW LOSS = 10%
Where possible and feasible the onsite flows should be mitigated before combining with offsite flows to minimize the size of the detention facility required. If it is necessary to combine offsite and onsite flows into a detention facility two separate Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 325

Menifee Mayor and City Council
February 21, 2024
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conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (offsite plus onsite), and the second for the area to be developed alone (onsite). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or onsite alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre-developed, post-developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study.

No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter.

The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4: 1 and depths should be minimized where public access is uncontrolled.

Mitigation basins should be designed for joint use and m a y be incorporated into open space or park areas. Side slopes should be not steeper than 4: I and depths should be minimized where public access is uncontrolled.

A viable maintenance mechanism, acceptable to the City should be provided for any flood control facilities to be owned and maintained by the City. Any facilities proposed to be owned by the District, should be provided with a viable maintenance mechanism acceptable to the City and the District. For the City this would be the citywide CFD.

Facilities to remain private shall be maintained by commercial property owners association or homeowners associations.
133. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical.
134. Alteration of Drainage Patterns – Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off-site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow.

Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks.
135. 100 Year Storm- The 100-year storm flow shall be contained within the street top of curb.
136. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee Public Works / Engineering Department.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 326

Menifee Mayor and City Council
February 21, 2024
Page
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137. 100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department. 138. 100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided.
139. Coordinate Drainage Design: Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed, and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows if needed. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review. 140. Comingling of Flows. Site restrictions may require the comingling of onsite and offsite flows. A treatment device approved by the City of Menifee Public Works Director shall be utilized to pretreat the flows before entering HOA facilities. The WQMP will need to show these catch basin inserts. This comingling of flows and the easement shall also be clarified in the CC&Rs for the project. If site restrains and existing conditions require said comingling, it will be the obligation of the HOA to accept this water and maintain the system, as well as performing maintenance on the associated filter inserts. The developer shall provide a storm drain and flowage easement, or other applicable document approved by the city of Menifee, providing the right of the city to drain onto the private property.
141. Interceptor Drain Criteria/Guidelines: The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel.

Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. These guidelines may be modified by the City Engineer/PW Director.
142. BMP – Energy Dissipators: Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet.
143. Trash Racks – Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 144. Perpetuate Drainage Patterns. The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review and approval.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 327

Menifee Mayor and City Council
February 21, 2024
Page
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145. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review.
146.Protection of Downstream Properties - The developer/property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements.
147. Storm Drain Lines 36” and larger - All proposed storm drain lines greater than 36" in diameter may be considered for ownership and maintenance by the Flood Control District. The applicant shall enter into a cooperative agreement with the Flood Control District regarding the terms of the design, construction and operation of facilities proposed for ownership by the Flood Control District. 148.No Building Permit without Legal Lot – Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act. 149.No Building Permit Prior to Subdivision Map Recordation – Prior to issuance of any building permit, the developer / property owner shall record the Subdivision Map.

Model Homes are exempt from this requirement.
150.No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structure or appurtenance, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department.
151.Final Rough Grading Conditions – Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City approved forms and shall be submitted to the Public Works Engineering Department for verification and acceptance. 152.Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans.

Compaction test certification shall be in compliance with the approved project geotechnical/soils report.

153.Final Grade Certification – The developer/property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City-approved form, for each building requesting a certificate of occupancy. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 328

Menifee Mayor and City Council
February 21, 2024
Page
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154.Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 155.Plant & Irrigate Slopes – All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3’ in vertical height shall have erosion control measures provided. Slopes that exceed 15’ in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department. Drip irrigation shall be provided for all irrigated slopes. 156.Common Area Maintenance – Any common areas identified on the tentative map shall be owned and maintained through a permanent master maintenance organization shall be established for the project, to assume maintenance responsibility for all common areas. The organization may be public (City CFD, or another agency) or private (e.g., property owners’ association). Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable instrument, and shall be in a form acceptable to the city.
157.Maintenance Exhibit – Prior to final map recordation, the developer / property owner shall prepare an exhibit that shows all open space lots within the project development tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and the Public Works / Engineering Department.
158.Conditions, Covenants and Restrictions (Private Common Areas) – In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner association (POA or HOA) shall be the mechanism to maintain such common areas.
159.CC&R Content, Submittal Process and Timing – If necessary, the developer/property owner shall submit to the Public Works / Engineering Department for review and approval CC&R documents consisting of the following:
a. One hard copy and an electronic version of the CC&R’s. A completed application form to review the CC&Rs, available at the Public Works / Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R’s shall:
i. provide for the establishment of a property owner's association, ii. provide for the ownership of the common area by the property owner's association,
iii. contain provisions approved by the Public Works / Engineering Department, Community Development Department, and the City Attorney,
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 329

Menifee Mayor and City Council
February 21, 2024
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iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project’s approved WQMP.
v. Contain provisions notifying initial occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the property owners' association and/or the developer.
vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that are otherwise not maintained by responsible property owners. If a separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs.
b. As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c. Once approved, the developer / property owner shall provide a hard copy of the CC&R’s wet-signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R’s prior to…… the issuance of Certificate of Occupancy or building permit issuance.
d. A deposit to pay for the review of the CC&Rs pursuant to the City’s current fee schedule at the time the above-referenced documents are submitted to the Public Works / Engineering Department.
160.Street Design Standards – Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, Ordinances, and all other relevant laws, rules and regulations governing street construction in the City. 161.Concrete Work – All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28- day minimum concrete strength of 3,250 psi.
162.Intersection Geometrics – All final intersection geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. 163.Intersection / 50-Foot Tangent – All centerline intersections shall be at ninety (90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) foot tangent, measured from flow line / curb face or as approved by the Public Works Director / City Engineer.
164.Street Improvements – Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. 165.Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement investigation report, and must meet minimum City standards and specifications, as approved by the Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 330

Menifee Mayor and City Council
February 21, 2024
Page
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Public Works Director / City Engineer. R-Values shall be provided in said report and the Engineer of Record shall provide pavement calculations to the City. 166.Driveways - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines.
167.Acceptance of Public Roadway Dedication and Improvements – Easements and right-of way for public roadways required by this project shall be granted to the City through acceptable recordable instrument. Onsite easements and right-of way for public roadways shall be granted to the City of Menifee through the final map, or other acceptable recordable instrument. Any off-site rights-of-way required for access road(s) shall be accepted to vest title in the name of the public if not already accepted. Any shared access roads necessary for the adequate circulation of the proposed project, shall be dedicated for reciprocal access by acceptable recordable instrument prior to any permit issuance.
168.ADA Compliance – ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official.
169.Paving or Paving Repairs – The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461 and City of Menifee standards and ordinances. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director / City Engineer.
170.Street Light Plan – Street lights requiring relocations, or any required new streetlights shall be designed in accordance with current City Standards for LS-3 type streetlights.

Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer.
171.Public Streetlights Service Points – All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements.
172.CFD Maintenance - The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD for street sweeping services, street pavement maintenance, landscaping, street lighting, etc. 173.Offsite Grading – If necessary, a notarized and recorded agreement, or City-approved documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department.

Item Title: 11.1
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174.Sight Distance Analysis – Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final grading plans, street improvement plans, and landscape improvement plans.
175.Street Name Sign - The developer/property owner shall install street name sign(s) in accordance with applicable City Standards, or as directed by the PW Engineering Department.
176.Driveway Geometrics- Final driveway geometrics may be modified in Final Engineering as approved by the Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines.
177.Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner shall submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction.
178.Traffic Signal Control Devices – All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate.
179.Cost participation through Payment of TUMF and DIF for Improvements- The developer/property owner’s TUMF and DIF payment obligations shall be considered as cost participation for Project’s required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee.
180.Improvement Bonds – Prior to improvement plan approval and issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions, and municipal codes.

Item Title: 11.1
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Item Page Number: 332

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February 21, 2024
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181.Encroachment Permits – The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way.
182.Stormwater Management - All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board.
183.Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including:
a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open.
b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces.
f) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access.

Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria.

An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins.
184.SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Item Title: 11.1
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February 21, 2024
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Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices in all new and existing catch basins to which this development will be tributary to or receiving from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implemen tation.shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way.

The State Water Resources Control Board, Resolution adopted an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of California. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance.

Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development will be tributary to. Devices shall meet the requirement of the new Trash Amendment.
185. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies:
a) Hydrology/hydraulics report
b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report
Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department.
186.Revising The Final WQMP - In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a Item Title: 11.1
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February 21, 2024
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deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP.
187.WQMP Maintenance Agreement - All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP.
188.Implement Project Specific WQMP - All structural BMPs described in the project- specific WQMP shall be constructed or installed and operational in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project or subdivision map phase until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational.

The City will not release occupancy permits for any portion of the project, or any proposed map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs.
189.Inspection of BMP Installation – Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. 190.WQMP/BMP Education - Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer. Public Education Program materials may be obtained from the Riverside County Flood Control and Water Conservation District’s NPDES Section through their website at www.rcwatershed.org. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits.

A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 335

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February 21, 2024
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the plan check submittal to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 191.EMWD Minimum Standards – All public water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee.
192.Utility Improvement Plans – Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the Public Works / Engineering Department and EMWD.
193.Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to approval of improvement plans and final map approval. 194.Sewer Lines – Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards.
195.Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department.
196.Annexation to the Citywide Community Facilities District (CFD) (2017-1) - Prior to the issuance of a Building Permit or…map recordation…, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD.

The citywide CFD shall be responsible for:

The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, pavement maintenance, drainage facilities, street sweeping, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director.

The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 197. CFD Annexation Agreement - In the event timing for this development’s schedule prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the issuance of a building permit but prior to issuance of a Certificate of Occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 336

Menifee Mayor and City Council
February 21, 2024
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198.Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared as one plan for the entire development as determined by the PW Director. When necessary, as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit.
199.Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public’s right-of-way, shall be landscaped and irrigated per City standards and guidelines.
200.CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 201.Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system.
202.AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:

a) Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b) Subscribe to a recycling service with their waste hauler. c) Provide recycling service to their tenants (if commercial or multi-family complex). d) Demonstrate compliance with the requirements of California Code of Regulations Title 14.

For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#manda tory

203.AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal:

Source separate organic material from all other recyclables and donate or self-haul to a permitted organic waste processing facility.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 337

Menifee Mayor and City Council
February 21, 2024
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Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826.

Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project.

As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development is subject to this requirement. 204.Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler.

The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit.
205.Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amounts of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. 206.Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the PW Director / City Engineer.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 338

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February 21, 2024
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207.Fees and Deposits – Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances.
208.Road Bridge Benefit District –The city is in the process of creating a Road and Bridge Benefit District in the Area. The applicant shall pay the RBBD fees based on the designated land use and areas, prior to the issuance of a building permit, or enter into an RBBD credit Agreement with the City for qualifying improvements. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment from the time of issuance of a building permit to issuance of a certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel. If the owner / developer constructs RBBD eligible improvements through another project that exceed its RBBD obligation, those credits, at the approval of the Public Works Director / City Engineer, could be applied to other projects that the owner / developer is constructing via agreement.
209.TUMF FEES - Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of (building permit or certificate of occupancy) issuance, pursuant to adopted City Ordinance governing the TUMF program, unless otherwise stated where a three party agreement is executed between WRCOG, the City of Menifee, and the developer / property owner precluding property owner from paying TUMF Fees.
210.Area Drainage Plan (ADP) Fees. The proposed development is located within the bounds of the Homeland / Romoland ADP of the Riverside County Flood Control and Water Conservation District (Flood Control District), for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to building permits for this project. The fee due will be based on the fee in effect at the time of payment. The developer acknowledges that if the estimated cost for required MDP / ADP facilities exceeds the required ADP fees and the developer wishes to receive credit for reimbursement in excess of his fees, the facilities will be constructed as a public works contract.
211.Fees and Deposits – Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 339

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February 21, 2024
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Section IV:

Building and Safety Division
Conditions of Approval
Item Title: 11.1
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Item Page Number: 340

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February 21, 2024
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General Requirements
212. Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 213. Compliance with Code. All Design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes; 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, and City of Menifee Municipal Code, 2022 California Fire Code.
214. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building.
c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right of way to all public areas on site, such as enclosures, clubhouses and picnic areas.
215. California Green Building Code Requirements.
a. The plans shall clearly indicate the location and total amount of Clean Air Vehicle (CAV) parking stalls as required.
b. The plans shall clearly indicate the location and total amount of future electric vehicle (EV) parking stalls within the site.
c. The plans shall clearly indicate the location and total amount of future medium and heavy-duty electric (EV) parking stalls within the site. The requirement is applicable to warehousing with off-street loading.
216. Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a “photometric study” showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building & Safety Department. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin and below. 217. Street Name Addressing. Applicant must obtain street name addressing for all proposed buildings by requesting street name addressing and submitting a site plan for commercial, residential/tract, or multi-family residential projects. 218. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 341

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February 21, 2024
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219. Obtaining Separate Approvals and Permits. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 220. Sanitary Sewer and Domestic Water Plan Approvals. On-site sanitary sewer and domestic water plans will require separate approvals and permits from Building and Safety. A total of 6 sets shall be submitted.
221. Demolition. (If applicable) Demolition permits require separate approvals and permits.

AQMD notification and approval may be required.
222. Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance 8.01.010, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 223. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.

At Plan Review Submittal
224. Submitting Plans and Calculations. Applicant must submit to Building & Safety one (1) complete set of each document listed below for electronic submittals to include complete sets of plans, supporting documents, calculations for review including:

All digital plans shall be submitted with a minimum 24” x 36” digital equivalent.

General Requirements
a. All sheets of the plans and the first sheet of the calculations are required to be signed by the licensed architect or engineer responsible for the plan preparation. (Business & Professions Code 5802), (Business & Professions Code 5536.1, 5802, & 6735)
Cover Sheet
b. Vicinity Map
c. Parcel number and Site Address
d. Business Name
e. Building data: Building square feet and use/occupancy as R-3, Building code data :
2022 California Model Codes as based on the 2021 IRC, 2021 UMC and UPC, 2020 NEC, 2021 IFC and the 2022 California Energy Code.
f. List any flammable/combustible materials, chemicals, toxics, or hazardous materials used or stored and total quantities or each, including MSDS reports. g. Indicate if the building has a fire sprinkler system. h. Sheet Index
Item Title: 11.1
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Item Page Number: 342

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February 21, 2024
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Plot Plans
i. North Arrow
j. Property Lines/Easements
k. Street/Alleys
l. Clearly dimension building setbacks from property lines, street centerlines, and from all adjacent buildings and structures on the site plan.

Prior to Issuance of Building Permits
225. All associated Building Fees to be paid.
226. Each Department is required to Approve, with a signature.

Prior to Certificate of Occupancy
227. Each department is required to Review and Approve with a signature once ALL Conditions of Approval have been Met/Approved.

Prior to Final Inspection
228. Each department that has conditions shall have completed and approved their final inspection prior to requesting the final inspection by the Building and Safety Department.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 343

Menifee Mayor and City Council
February 21, 2024
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Section V:

Office of the Fire Marshal
Conditions of Approval
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 344

Menifee Mayor and City Council
February 21, 2024
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229. SURFACE LOAD AND CAPABILITIES- Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [80,000 pound live load (gross vehicular weight) distributed over two axles] and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus access road.
230. GATES- Gate entrances shall be at least two feet wider than the width of the traffic lanes serving the gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, 38 feet turning radius shall be used. 231. AUTO GATES- Gates shall be automatic minimum 24 feet in width. Gate access shall be equipped with a rapid entry system to include OPTICOM and Knox Electric switches.

Plan shall be submitted to the Fire Department for approval prior to installation.

Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system.
232. FIRE DEPARTMENT ACCESS-Fire apparatus access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
233. TURN AROUND- Turn arounds shall be provided to all building sites on fire apparatus access roads over 150 feet in length and shall be within 50 feet of the building. The minimum outside turning radius for a turnaround shall be 38 feet, not including parking.

If a hammerhead is used instead, the top of the “T” shall be a minimum of 120 feet in length.
234. SECONDARY ACCCESS- In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s). Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department.
235. MINIMUM REQUIRED FIRE FLOW- The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings in accordance with Ordinance 787 and the California Fire Code. A fire flow of 8,000 gpm for a 4 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site (without reduction). A minimum number of 8 or more (e) Super fire hydrant(s) (6”x4”x2½”x2½”) shall be provided for this project. Additional fire hydrants may be required to meet the spacing requirements of the California Fire Code.
236. LOOP SYSTEM REQUIRED- A combination of on-site and off-site super fire hydrants (6”x4”x2½”x2½”) on a looped system shall be provided spaced an average of 200 feet between fire hydrants and in no case shall fire hydrants be further than 120 feet from any portion of on a street or road frontage as measured along approved vehicular travel ways. Fire hydrant(s) shall be located so that no portion of the building is farther than Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 345

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250 feet from any hydrant(s) as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 237. ADDRESS AT SITE - The site address shall be clearly posted at the job site entrance during construction. This will enable incoming emergency equipment and inspectors to locate the job site from the assigned street. Numbers shall be a minimum of 24 inches in height.
238. SPRINKLER SYSTEM- Buildings or structures exceeding 3600 sq. ft are required to have approved CFC and NFPA 13 compliant fire sprinkler systems installed. ESFR system to be required for a project of this size.
239. BUILDING ACCESS- Shall comply per Table 3206.2 California Fire Code, fir-e apparatus access roads in accordance with Section 503 shall be provided within 150 feet of all portions of the exterior walls of buildings used for high pile storage. 240. ACCESS DOORS- Where building access is required by Table 3206.2, fire department access doors shall be provided in accordance with this section. Access doors shall be accessible without the use of a ladder.
241. NUMBER OF DOORS REQUIRED- Not less than one door shall be provided in each 100 linear feet, or fraction thereof, of the exterior walls that face required fire apparatus access roads. The required access doors shall be distributed such that the lineal distance between adjacent access doors does not exceed 100 feet. 242. SMOKE AND HEAT REMOVAL- Where smoke and heat removal is required by Table 3206.2 it shall be in accordance with Section 910.
243. ADDITIONAL REQUIRED HYDRANTS- Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards.

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Motte Business Center Appeal
Item Page Number: 346

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Section VI:

Other Agency Conditions of
Approval
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Item Title: 11.1
Motte Business Center Appeal
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Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 349

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The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date
_______________________________________________ ___________________ Name (please print) Title (please print)
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 350

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February 21, 2024
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NOTICE OF PUBLIC HEARING
AND

NOTICE OF AVAILABILITY OF A FINAL ENVIRONMENTAL IMPACT REPORT TIME OF HEARING: December 13, 2023
DATE OF HEARING: 6:00PM, or as soon thereafter as possible PLACE OF HEARING: MENIFEE CITY COUNCIL CHAMBERS
29844 Haun Road, Menifee, CA 92586
A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE PLANNING COMMISSION to consider the project shown below:

Project Title: “Motte Business Center” – Tentative Parcel Map (TPM) No. 38432 (PLN22-0114) and Plot Plan No. PLN22-0115 – Environmental Impact Report (EIR) (State Clearinghouse Number #2022120083) Project Location: The Project is generally located southeast of Interstate 215/Ethanac Road interchange in the City of Menifee, County of Riverside, State of California. The Project is generally bounded by a Riverside County Flood Control channel, Southern California Edison (SCE) utility corridor, and McLaughlin Road to the south; commercial, non-conforming residential uses and Ethanac Road to the north; Antelope Road to the east; and Dawson Road to the west. The Project consists of eight parcels (Assessor Parcel Numbers (APNs): 331-150- 036, -037, -039, -040, -041, -042, -044, -045).

The Planning Commission will consider whether to approve of the following project at a public hearing:

Tentative Parcel Map (TPM) No. 38432 (PLN22-0114) proposes to combine eight parcels (APNs 331-150-036, 331-150-037, 331-150-039, 331-150-040, 331-150-041, 331-150-042, 331-150-044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net-acres.

Plot Plan (PP) No. PLN22-0115 proposes to construct one concrete tilt-up building totaling 1,138,638 square feet which includes 10,000 square feet of office, 928,638 square feet of ground floor warehouse and 200,000 square feet of mezzanine space on an approximately 43.94 net-acre project site. The building proposes a structural height of approximately 50 feet and includes 616 automobile parking spaces, 284 truck trailer parking spaces, and 128 dock doors. The project would include landscaping on the Project site and along the entire project frontage within the Dawson Road and Antelope Road rights-of-way.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 351

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Environmental Information: On September 29, 2023, a Notice of Availability of the Draft EIR was sent to Responsible and Trustee Agencies, and mailed to surrounding property owners and non-owner residents within 400 feet of the project site, stating that copies of the Draft EIR were available for public review on the City’s website, at the City of Menifee City Hall, the Sun City Library and Menifee Library. The public review period was for the State-mandated 45 days, from September 29, 2023, through November 13, 2023. Analysis presented in the Draft EIR indicated that the proposed project would have certain significant and unavoidable greenhouse gas impacts. The Draft EIR also presented mitigation measures, which will reduce project-specific and cumulative impacts. All other environmental effects evaluated in the Draft EIR are considered less than significant or can be successfully mitigated below the applicable significance thresholds.

The Final Environmental Impact Report (FEIR) responds to the comments and includes text revisions to the Draft EIR in response to input received on the Draft EIR. Unlike the Draft EIR, comments on the FEIR are not required to be responded to by the City. If written comments are received, they will be provided to the Planning Commission as part of the staff report for the Project. The Draft EIR and FEIR will be submitted to the Planning Commission for requested certification and action on the Project.

The FEIR is available on the City of Menifee Community Development Department website:
https://www.cityofmenifee.us/325/Environmental-Notices-Documents. A hard copy of the FEIR can be viewed at: Menifee City Hall – 29844 Haun Road, Menifee, CA 92586.

The Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites).

Any person wishing to comment on the proposed Project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of the public hearing. All such comments will be submitted to the Planning Commission, and the Planning Commission will consider such comments, in addition to any oral testimony, before making a decision on the proposed Project.

If this Project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Be advised that as a result of public hearings and comment, the Planning Commission may amend, in whole or in part, the proposed Project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed Project, may be changed in a way other than specifically proposed.

For further information regarding this project or to provide written correspondence, please contact Brett Hamilton, at (951) 723-3747 or e-mail [email protected].

CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Brett Hamilton, Senior Planner
29844 Haun Road
Menifee, CA 92586
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 352

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February 21, 2024
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NOTICE OF PUBLIC HEARING
TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter.

DATE OF HEARING: February 21, 2024
PLACE OF HEARING:MENIFEE CITY COUNCIL CHAMBERS
29844 HAUN ROAD MENIFEE, CA 92586
A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to consider the project shown below:

Project Title:

Appeal (PLN23-0249) of Planning Commission
Decision of the Motte Business Center Project
(Tentative Parcel Map No. 38432 and Plot Plan No.

PLN22-0115)
Project Location:

The project site is generally located southeast of
Interstate 215/Ethanac Road interchange in the City
of Menifee, County of Riverside, State of California, at APN Nos. 331-150-036, -037, -039, -040, -041, -042,
-044, and -045.

General Plan Land Use and Zoning:

Specific Plan
Menifee North Specific Plan; Planning Area 2
(Industrial)
The City Council will consider the following
project at a public hearing:

On December 13, 2023, the Planning Commission held a duly noticed public hearing and voted 4-1 to approve Tentative Parcel Map No. 38432 and Plot Plan No. PLN22-0115 along with the related environmental analysis. On December 22, 2023, the City received an application from the City of Perris to appeal the Planning Commission decision.

Tentative Parcel Map (TPM) No. 38432 (PLN22-0114) proposes to combine eight parcels (Assessor Parcel Numbers (APNs): 331-150-036, 331-150-037, 331-150-039, 331-150-040, 331-150-041, 331-150-042, 331- 150-044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net-acres.

Plot Plan No. PLN22-0115 proposes to construct one concrete tilt-up building totaling 1,138,638 square feet which includes 10,000 square feet of office, 928,638 square feet of ground floor warehouse and 200,000 square feet of mezzanine space on an approximately 43.94 net-acre project site. The building proposes a structural height of approximately 50 feet and includes 616 automobile and 284 truck trailer parking spaces.

Environmental Information: Additional environmental review of the appealed Project is not required. The Planning Commission adopted Resolution No. PC23-611 which was prepared for the Project (State Clearinghouse No. 2022120083), and mitigations measures were provided. The EIR determined the Project could result in significant and unavoidable impacts under the category of Greenhouse Gas Emissions based on the analysis and findings in the Draft EIR and required adoption of a Statement of Overriding Considerations. Following the Project’s approval, a Notice of Determination was filed with the Riverside County Clerk’s Office on December 14, 2023. The EIR can be found at the following web address:
http://www.cityofmenifee.us/325/Environmental-Notices-Documents.

Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 353

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February 21, 2024
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Any person wishing to comment on the proposed project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of public hearing. All such comments will be submitted to the City Council, and the City Council will consider such comments, in addition to any oral testimony, before making a decision on the proposed project.

If this project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Be advised that as a result of public hearings and comment, the City Council may amend, in whole or in part, the proposed project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed project, may be changed in a way other than specifically proposed.

For further information regarding this project, please contact Brett Hamilton, at (951) 723-3747 or e-mail [email protected], or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us. To view the case file for the proposed project contact the Community Development Department office at (951) 672-6777 Monday through Friday, from 8:00 A.M. to 5:00 P.M.

Please send all written correspondence to:

CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Brett Hamilton, Senior Planner
29844 Haun Road
Menifee, CA 92586
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 354

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February 21, 2024
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CITY OF MENIFEE
SUBJECT: Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: Rebekah Kramer, Assistant to the City Manager REVIEWED BY: Armando G Villa, City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and discuss an increase in compensation for members of the City Council in accordance with the provisions of Government Code Section 36516 and Municipal Code Section 2.04.040; and

2. Introduce an Ordinance approving a statutory increase in compensation for members of the City Council to take effect after the 2024 municipal election.

DISCUSSION
The compensation provided to the City Council is established by statute (Government Code Section 36516) which sets a starting salary based upon city population. The salary of the Mayor has been established by a voter initiative process approved on November 4, 2014, and is set at $100 per month more than the compensation provided for members of the City Council. If the compensation is increased for the members of the City Council the salary of the Mayor would increase by the same amount.

The City Council compensation schedule for general law cities has not been adjusted since 1984.

Between 1984 and 2022, the consumer price index (CPI) for the Riverside County area, which measures inflation, rose by 116 percent (uncompounded ). Senate Bill (SB) 329 was passed in June 2023 increasing the base salary for City Council members to ensure that compensation keeps pace with inflation. With the passage of SB 329 the base salary that can be paid to council members in cities with a population between 75,000 and 150,000 is now $1,900 per month. The compensation for members of the City Council is currently set at $650 per month and has not been increased since 2014. Since that time, the City’s population has grown from close to 82,000 to over 110,000 residents. In October of this year the City of Temecula, with a Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 1

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City of Menifee Staff Report
Ordinance Approving an Increase in Compensation for Members of the City Council February 21, 2024

1 8
0 4
population of over 108,000 residents, adopted an ordinance increasing council compensation to $1,900 per month.

If the Mayor and members of the City Council were to receive the allowable increase of $1,250 per month, the compensation for the members of the City Council would total $1,900 per month, and the compensation for the Mayor would total $2,000 per month. Government Code section 36516.5 stipulates that an adjustment in compensation can only take place when a new term of office begins. Given that the Mayor and members of the City Council serve in staggered terms of office, any salary adjustment that is approved by ordinance would take effect following the certification of the next municipal election when new members take office in December 2024.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
Currently the base salary for City Council is $650 per month and $750 for the Mayor. If the base salary for City Council is increased to the maximum allowed under the provisions of Government Code Section 36516, the monthly salary for each member would increase by $1,250 per month for a revised monthly total of $1,900 for each member of the City Council and $2,000 for the Mayor. This equates to a total cost increase of $75,000 per year once the change takes effect.

Given that the change would not go into effect until December of 2024, there would be no impact to the Fiscal Year (FY) 2023/2024 operating budget. The impact to the FY 2024/2025 operating budget would equate to an increase of $43,750 for the seven-month period extending from December 2024 through June 2025. If an increase is approved, a budget appropriation would be included in the FY 2024/2025 mid-cycle budget adjustment.

ATTACHMENTS

1. Ordinance – City Council Compensation Increase

2. Ordinance No. 2013-129

3. Ordinance No. 2014-166

4. Senate Bill 329 - Government Code Section 36516

5. Government Code Section 36516

6. Government Code Section 36516.1

7. Government Code Section 36516.5

8. BLS CIP-W Riverside County Area 1984-2022
Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 2

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1 ORDINANCE NO. Insert No.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,

CALIFORNIA, APPROVING A STATUTORY INCREASE IN COMPENSATION FOR

MEMBERS OF THE CITY COUNCIL TO TAKE EFFECT AFTER THE NOVEMBER 2024 MUNICIPAL ELECTION
WHEREAS, the City of Menifee (“City”), was incorporated as a general law city effective October 1, 2008; and
WHEREAS, the compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation; and WHEREAS, under the provisions of Senate Bill (SB) 329 approved by the Governor of the State of California on June 29, 2023, and filed with the Secretary of State on June 29, 2023, Government Code Section 36516 has been updated to provide that the base salary that may be paid to City Council members in cities with a population of over 75,000 and up to 150,000 is now $1,900 per month; and
WHEREAS, based upon the January 1, 2023, State of California Department of Finance population estimates, the City's population now exceeds 110,000 ; and WHEREAS, as authorized by Government Code Section 36516, on August 6, 2013, City Council member salaries were set at $650 per month, effective after the November 2014 municipal election; and
WHEREAS, by voter initiative approved at the November 4, 2014 election, the Mayor 's salary is set at $100 per month more than the compensation set for members of the City Council and is subject to adjustment in accord with Government Code Section 36516 ; and WHEREAS, the City of Menifee has a staggered system of electing members to the City Council in which districts one and three and the position of Mayor are up for election at the Presidential general election held in November of even numbered years and districts two and four are up for election at the non-Presidential general election held in November of even numbered years; and
WHEREAS, Government Code Section 36516.5 provides that no increase in compensation can apply to any member of a City Council during his or her term of office, except that “all members of a council serving staggered terms are eligible for a salary increase whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term”; and
WHEREAS, to assure that members of the Menifee City Council are compensated in a manner that is consistent with California law and allowed the benefit of legally permitted increases an ordinance implementing such an increase must be adopted.

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

Section 1.Recitals Incorporated. The City Council of the City of Menifee finds that the above recitals are true and correct, and that the above recitals are incorporated herein by reference as if set forth in full.

Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 3

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City Council Compensation Increase 2024

2 Section 2.Findings.
(A).The salary of the Mayor has been established by voter initiative proved on November 4, 2014, and is set at $100 per month more than the compensation set for members of the City Council. The salary of the Mayor is subject to further adjustment in accord with Government Code Section 36516.
(B). California law permits the City of Menifee to increase compensation paid to members of the City Council by ordinance.
(C). Following the November 2024 municipal election, the legally permitted increase in salary for members of the City Council that may be implemented is $1,900 per month.

Section 3. Increase in Compensation. Effective upon commencement of the term of office beginning after the general municipal election to be held in November of 2024, the base salary compensation payable to all members of the City Council is increased to $1,900 per month, and the base salary compensation payable to the Mayor is increased to $2,000 per month.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5.Effective Date. This Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Menifee by Government Code Section 36516, and shall take full force and effect upon the commencement of the term of office beginning after the general election to be held in November 2024.

Section 6.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 4

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February 21, 2024
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City Council Compensation Increase 2024

3 This Ordinance was introduced and read on the 1st day of November, 2023 and APPROVED AND ADOPTED THIS Day DAY of MONTH USING CAPS, Year.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 5

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February 21, 2024
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ORDINANCE NO. 2013- 129

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE

APPROVING STATUTORY INCREASE IN COMPENSATION FOR
MEMBERS OF THE CITY COUNCIL TO TAKE EFFECT AFTER 2014

MUNICIPAL ELECTION
WHEREAS, the City of Menifee (" City"), was incorporated effective October 1, 2008; and
WHEREAS, at the time of incorporation, the City' s population was less than 75, 000 residents; and
WHEREAS, in accord with the provisions of Government Code Section 36516 On October 1, 2008 the salaries for members of the City Council was set at $ 500, the maximum amount allowed for cities with a population of 75, 000; and WHEREAS, the results of the 2010 decennial census indicate that the total population in the City of Menifee now exceeds 82, 000 residents, and WHEREAS, Government Code Section 36516 provides that the maximum base salary amount that may be paid to Council members in cities with a population of 75, 000 or more is $ 600, subject to annual increases of 5%; and WHEREAS, the City Council has not considered or approved increases in salary for members of the City Council for the period from 2008 through 2013, and WHEREAS, the uncompounded 5% annual increase allowed under the provisions of Government Code Section 36516 now permits the City to adjust compensation for members of the City Council by an increase of 30% for the time period from 2008 to 2014; and
WHEREAS, since incorporation of the City, the City has changed its organizational structure to include election of members of the City Council by districts and the separate election of the Mayor and the Mayor' s salary has been established through the initiative process at a flat annual rate of $ 8, 000; and WHEREAS, the terms of an initiative measure approved by a vote of the people may only be changed by resubmitting the matter to the electorate for approval; and WHEREAS, the City of Menifee has a staggered system of electing members to the City Council in which districts one and three and the position of Mayor are up for election at the Presidential general election held in November of even numbered years and districts two and four and the Mayor are up for election at the non-Presidential general election held in November of even numbered years; and 1-
01071/ 0002/ 55036. 03
Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 6

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WHEREAS, Government Code Section 36516. 5 provides that no increase in compensation can apply to any member of a City Council during his or her term of office unless the terms of members of the City Council are staggered and there has been a municipal election to fill those seats up for election on a staggered basis, at which time any increase approved prior to such election to take effect after the election applies to all members of the City Council ; and
WHEREAS, in order to assure that members of the Menifee City Council are compensated in a manner that is consistent with California law and allowed the benefit of legally permitted increases an ordinance implementing such an increase must be adopted.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE ORDAINS AS FOLLOWS:

SECTION 1. Recitals Incorporated: The City Council of the City of Menifee finds that the above recitals are true and correct, and that the above recitals are incorporated herein by reference as if set forth in full.

SECTION 2. Findings:
a. Because the compensation provided for the Mayor was set by an initiative measure adopted by the electorate, it can only be adjusted by another vote on that issue and may not be adjusted by an ordinance adopted by the City Council.
b. California law permits the City of Menifee to increase compensation paid to members of the City Council other than the Mayor by 5% per year over the base salary of $ 500 per month established in October of 2008.

C. No adjustment to the base salary for eligible members of the City Council can take effect until after the City Council election scheduled to be held in 2014.
d. In 2014, an increase of 5% per year for the six year period of time from 2008 to 2014 may be implemented.
e. The legally permitted increase in salary for members of the City Council other than the Mayor that may be implemented is $150 per month for the time period from 2008 to 2014.

SECTION 3. INCREASE IN COMPENSATION: Effective upon commencement of the term of office beginning after the general municipal election to be held in November of 2014, the base salary compensation payable to all members of the City Council other than the Mayor is increased to $ 650 per month. 2-
01071/ 0002/ 55036. 03
Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 7

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SECTION 4. Authority and Effect. This Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Menifee by Government Code Section 36516, and shall take full force and effect according to law.

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. Certification and Publishing. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be published in a manner prescribed by law.

APPROVED and ADOPTED this 6thday of August, 2013.

APPROVED AS TO FORM
Scott A. Mann, Mayor J611ieBi i y Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No. 2013-129 to be the original ordinance adopted by the City Council of the City of Menifee on August 6, 2013 and that said ordinance was published in accordance with the law.

Date:

KathyyBennett, City Clerk
01071/ 0002/ 55036. 03
Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 8

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February 21, 2024
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ENIFE
Scott A. Mann
Mayor
Wallace W. Edgerton STATE OF CALIFORNIA )
Deputy Mayor COUNTY OF RIVERSIDE ) ss
John V. Denver

CITY OF MENIFEE
Councilmember
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Thomas Fuhrman foregoing Ordinance No. 2013-129was duly adopted by the City Council of the Councilmember
Cityof Menifeeat a meetingthereofheldonthe 61.' day of August2013bythe Greg August following vote:

Councilmember
Ayes: August, Denver, Edgerton, Fuhrman, Mann
Noes: None

Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee, CA 92586
Phone 951.672. 6777
Fax 951.679.3843
www. cityofinenifee. us
Item Title: 12.1
Statutory Increase in Compensation for Members of the City Council to Take Effect after the 2024 Municipal Election
Item Page Number: 9

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ORDINANCE NO. 2014- 166

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA,

RELATING TO COMPENSATION OF THE OFFICE OF MAYOR
THE PEOPLE OF THE CITY OF MENIFEE ORDAIN AS FOLLOWS:

SECTION 1. Amendment of Measure CC
Measure CC enacted in 2010 by a vote of the people setting compensation at $8,000 per year in the City of Menifee, is hereby amended in accord with the provisions of Government Code Section 36516. 1.

SECTION 2. Compensation for Mayor
Compensation of the Mayor shall be set at $ 100 more per month than the compensation set for members of the City Council and shall be subject to adjustment in accord with the provisions and procedures set forth in Government Code Section 36516.

SECTION 3. Severability.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Effective Date
This ordinance shall take effect according to law ten days after certification of the election at which it is adopted.

Ordinance Passed by the Voters of the City of Menifee on November 4, 2014.

Certificate of Originality
1, Kathy Bennett, City Clerk of the City of Menifee, California, do hereby attest to and certify the attached Ordinance No. to be the original ordinance adopted by the People of the City of Menifee at the regular municipal election held on November 4, 2014, as certified by the City Council on December 3, 2014.

Kathy Bennett; City Clerk
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Senate Bill No. 329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local government.
[Approved by Governor June 29, 2023. Filed with Secretary of State June 29, 2023.]
legislative counsel’s digest
SB 329, Dodd. Cities: city council members: compensation.

Existing law authorizes a city council to enact an ordinance to pro vide each member of the city council a salary based upon the population of the city, as specified. Existing la w authorizes that amount to be increased by the city council by an amount that does not e xceed 5% for each calendar year from the operati ve date of the last adjustment of the salary that is in effect when the increase is enacted. Existing law provides for the procedures by which a city may enact ordinances.

This bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance passed by the city council, as specified. The bill w ould authorize the salary of council members to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in ef fect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Inde x, which shall not exceed 10% for each calendar year. The bill would require the city council to consider the adoption of an ordinance to increase council member compensation in open session during at least 2 regular meetings of the city council.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The compensation schedule for general la w cities has not been adjusted since 1984, meaning that city council compensation has not k ept pace with inflation.
(b)  Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.

SEC. 2. Section 36516 of the Government Code is amended to read:

96 STATE OF CALIFORNIA

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36516. (a)  (1)  A city council may enact an ordinance pro viding that each member of the city council shall recei ve a salary based on the population of the city as set forth in paragraph (2).
(2)  The salaries approved by ordinance under paragraph (1) shall be as follows:
(A)  In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B)  In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.
(C)  In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month. (D)  In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month. (E)  In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F)  In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3)  For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4)  The salary of council members may be increased beyond the amount provided in this subdi vision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not e xceed the greater of either of the following:
(A)  An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in ef fect when the ordinance or amendment is enacted.
(B)  An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Inde x, which shall not e xceed 10 percent for each calendar year.
(5)  No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b)  Notwithstanding subdi vision (a), at an y municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors v oting at the election f avor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
(c)  Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serv es. If the other statute that authorizes the compensation does not specify the amount 96 — 2 — Ch. 27

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of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority , or similar body.
(d)  Any amounts paid by a city for retirement, health and welf are, and federal social security benefits shall not be included for purposes of determining salary under this section, pro vided that the same benefits are available and paid by the city for its employees.
(e)  Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section. (f)  A city council member may w aive any or all of the compensation permitted by this section.
(g)  (1)  For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.
(2)  At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.
(3)  At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

O
96 Ch. 27 — 3 —

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State of California

GOVERNMENT CODE
Section 36516
36516. (a)  (1)  A city council may enact an ordinance providing that each member of the city council shall recei ve a salary based on the population of the city as set forth in paragraph (2).
(2)  The salaries approved by ordinance under paragraph (1) shall be as follows:
(A)  In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B)  In cities o ver 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C)  In cities o ver 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month. (D)  In cities o ver 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month. (E)  In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F)  In cities o ver 250,000 population, up to and including three thousand tw o hundred dollars ($3,200) per month.
(3)  For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4)  The salary of council members may be increased beyond the amount provided in this subdi vision by an ordinance or by an amendment to an ordinance, b ut the amount of the increase shall not exceed the greater of either of the following:
(A)  An amount equal to 5 percent for each calendar year from the operati ve date of the last adjustment of the salary in ef fect when the ordinance or amendment is enacted.
(B)  An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5)  No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b)  Notwithstanding subdivision (a), at an y municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors v oting at the election favor it, all of the council members shall recei ve the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.

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(c)  Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in e xcess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority , or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d)  Any amounts paid by a city for retirement, health and welf are, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e)  Any amounts paid by a city to reimb urse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f)  A city council member may waive any or all of the compensation permitted by this section.
(g)  (1)  For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.
(2)  At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation.

The ordinance shall not be adopted at the first meeting. (3)  At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.
(Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.) Item Title: 12.1
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State of California

GOVERNMENT CODE
Section 36516.1
36516.1. A mayor elected pursuant to Sections 34900 to 34904, inclusi ve, may be provided with compensation in addition to that which he or she receives as a council member. That additional compensation may be provided by an ordinance adopted by the city council or by a majority v ote of the electors v oting on the proposition at a municipal election.
(Amended by Stats. 2010, Ch. 699, Sec. 14. (SB 894) Effective January 1, 2011.)

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State of California

GOVERNMENT CODE
Section 36516.5
36516.5. A change in compensation does not apply to a council member during the council member’s term of office. This prohibition shall not pre vent the adjustment of the compensation of all members of a council serving staggered terms whene ver one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office. (Amended by Stats. 2010, Ch. 699, Sec. 15. (SB 894) Effective January 1, 2011.)

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Bureau of Labor Statistics
Series Id:

Series Title:

Area:

Item:

Base Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 1984 3.4 3.1 2.9 3.0 3.8 3.9 2.4 3.8 2.5 1.2 2.1 2.2 2.9 1985 3.5 3.4 4.0 4.2 3.6 3.5 5.2 4.3 4.5 5.8 5.0 4.4 4.2 3.7 4.9 1986 4.1 3.6 3.8 2.8 2.7 3.3 2.5 1.8 2.9 2.6 2.2 1.7 2.8 3.4 2.2 1987 2.0 3.4 3.7 4.6 4.5 3.6 3.8 4.7 4.2 4.2 4.5 5.1 4.1 3.6 4.4 1988 4.6 4.0 4.2 4.1 4.2 4.5 4.6 4.3 4.4 4.5 4.8 4.7 4.4 4.3 4.5 1989 4.7 4.9 4.6 5.1 5.1 5.4 5.6 5.0 5.2 4.5 4.5 4.9 5.0 5.0 5.0 1990 5.8 6.1 6.2 5.0 4.6 4.6 4.7 5.4 5.5 6.3 6.6 6.5 5.6 5.3 5.9 1991 5.7 4.4 3.7 4.7 4.4 4.0 4.3 3.9 3.5 3.0 3.1 2.5 3.9 4.5 3.4 1992 2.8 3.5 4.2 3.7 3.6 4.0 3.6 3.6 3.3 3.7 3.2 3.5 3.6 3.6 3.5 1993 3.4 3.3 2.7 2.5 2.6 2.1 1.8 1.8 1.5 1.5 2.0 2.2 2.3 2.8 1.8 1994 1.7 1.3 1.5 1.2 0.8 0.9 1.2 1.3 1.6 1.6 0.9 1.0 1.2 1.2 1.2 1995 1.5 1.6 1.6 2.0 2.5 2.5 1.9 1.6 1.4 1.3 1.0 0.9 1.6 1.9 1.4 1996 0.9 1.1 1.7 1.9 1.7 1.2 2.0 1.8 2.3 2.2 2.5 2.2 1.8 1.5 2.1 1997 2.1 1.8 1.5 1.2 1.1 1.5 1.0 1.4 1.3 1.4 1.3 1.7 1.4 1.5 1.4 1998 1.0 0.9 0.6 0.8 1.4 1.5 1.4 1.4 0.9 0.9 1.4 1.2 1.1 1.0 1.2 1999 1.7 2.0 2.1 2.9 2.2 1.8 2.1 2.4 2.9 2.5 2.3 2.4 2.3 2.1 2.4 2000 2.2 2.7 3.5 2.4 2.9 3.4 3.6 3.4 3.5 3.9 3.7 3.6 3.3 2.9 3.6 2001 3.7 3.6 3.2 3.4 3.7 4.6 3.8 3.5 3.1 2.5 2.5 1.8 3.3 3.7 2.9 2002 2.5 2.7 2.8 3.1 2.9 1.6 2.2 2.6 2.8 3.2 3.7 4.1 2.8 2.5 3.1 2003 3.7 3.9 4.5 3.5 2.6 2.8 2.6 2.8 3.2 2.7 2.0 2.0 3.0 3.5 2.6 2004 2.2 2.1 1.8 2.4 3.8 4.3 4.0 3.3 3.2 4.7 5.4 4.6 3.5 2.8 4.2 2005 3.7 3.8 3.9 4.9 4.2 3.4 4.2 5.3 6.0 5.4 4.3 4.2 4.4 3.9 4.9 2006 5.2 5.0 4.5 4.5 5.3 5.4 5.1 4.4 3.2 1.8 2.5 3.3 4.2 5.0 3.3 2007 3.1 3.4 4.0 3.6 3.0 2.7 2.4 2.1 2.2 3.8 4.7 4.6 3.3 3.3 3.3 2008 4.6 3.7 3.6 3.7 4.1 6.1 6.6 5.7 5.0 3.5 0.6 -0.6 3.9 4.3 3.5 2009 -0.6 -0.5 -1.6 -2.1 -2.4 -2.8 -3.2 -2.1 -1.4 -0.6 1.2 2.5 -1.2 -1.7 -0.6 2010 2.3 1.8 2.4 2.4 2.0 1.0 1.0 1.0 0.5 0.9 1.0 1.6 1.5 2.0 1.0 2011 2.0 2.6 3.5 3.9 3.7 3.3 2.7 2.7 3.5 3.1 3.2 2.2 3.0 3.2 2.9 2012 2.1 2.1 2.0 1.3 1.5 1.5 1.9 2.5 2.2 3.2 2.1 2.0 2.0 1.8 2.3 2013 1.9 2.4 1.3 0.9 1.0 1.5 1.6 0.9 0.7 -0.3 0.5 1.2 1.1 1.5 0.8 2014 0.8 0.4 1.0 1.6 1.8 1.9 2.1 1.8 1.6 1.4 1.0 0.3 1.3 1.3 1.4 2015 -0.7 -0.4 0.2 0.0 0.9 0.4 1.2 1.0 0.4 0.7 1.4 1.9 0.6 0.1 1.1 2016 3.3 2.3 1.3 1.6 0.6 1.1 0.3 0.6 1.5 1.9 1.5 1.7 1.5 1.7 1.3 2017 1.7 2.5 2.4 2.5 2.4 2.2 2.5 2.9 3.2 3.0 3.7 3.7 2.7 2.3 3.2 2018 3.7 3.7 3.9 4.1 4.3 4.2 4.0 4.1 3.9 4.3 3.8 3.3 3.9 4.0 3.9 CPI for Urban Wage Earners and Clerical Workers (CPI-W) 12-Month Percent Change
CWURS49ASA0
Not Seasonally Adjusted
All items in Los Angeles-Long Beach-Anaheim, CA,
urban wage earners and clerical workers, not Los Angeles-Long Beach-Anaheim, CA All items
1982-84=100
1984 to 2018
Source: Bureau of Labor Statistics Generated: September 2023 Item Title: 12.1
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Bureau of Labor Statistics
CPI for Urban Wage Earners and Clerical Workers (CPI-W) 12-Month Percent Change
Series Id: CWURS49CSA0
Not Seasonally Adjusted
Series Title: All items in Riverside-San Bernardino-Ontario, CA, urban wage earners and clerical workers, not seasonally adjusted Area: Riverside-San Bernardino-Ontario, CA
Item: All items
Base Period: DECEMBER 2017=100
Years: 2019 to 2023
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2019 3.1 2.8 3 2.6 3.3 3 3 3 2.9
2020 3.4 2.5 1.3 2.1 2.1 2.1 2.2 2.3 2.1
2021 2.4 4.1 5.8 6.5 7 8.1 5.9 4.4 7.4
2022 8.5 9.9 9.8 9.5 8.2 7.3 8.7 9.4 8.0
TOTAL 116.1 1984-2022 Uncompounded Increase
Note: The Riverside-San Bernardino-Ontario area was established after the 2018. Prior to the revision, Riverside County was counted as part of the Los Angeles-Riverside-Orange area (including Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties). The Los Angeles-Riverside-Orange area is now the Los Angeles-Long Beach-Anaheim area. Because the Riverside-San Bernardino-Ontario area was established in 2018 there is no 12-month CPI percentage change data prior to 2019 for this area. For this reason, the CPI for the Los Angeles-Long Beach-Anaheim area has been used to calculate the annual CPI increase for 2018.

Source: Bureau of Labor Statistics Generated: September 2023 Item Title: 12.1
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CITY OF MENIFEE
SUBJECT: Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: David Gutierrez, Police Captain
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Introduce an ordinance repealing and replacing Chapter 5.45 of Title 5 of the Menifee Municipal Code relating to the regulation of Massage Establishments.

DISCUSSION
Currently, there are five massage businesses operating within the City. Since taking over police services in July of 2020, the Menifee Police Department Problem Oriented Policing Officers and Special Enforcement Team Detectives have conducted surveillance and undercover operations related to an additional five massage businesses within the City. All five investigations resulted in prostitution arrests or evidence of prostitution occurring at the locations. Each location had their business license revoked for criminal acts.

Staff has conducted research to determine how other cities regulate massage businesses and massage therapists including having discussions with our City Attorney’s Office, the Riverside County District Attorney’s Office, and the Riverside County Human Trafficking Group. Based on the research and staff’s professional experience and knowledge, staff is recommending repealing and replacing Chapter 5.45 of Title 5 of the Menifee Municipal Code related to the regulation of massage businesses.

Chapter 5.45 of Title 5 of the Menifee Municipal Code was last updated in November of 2009.

While there are some good components to the existing ordinance, staff is recommending repealing the existing ordinance, in its entirety, and replacing it as described in the attached Exhibit A to the proposed ordinance.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 1

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City of Menifee Staff Report
Repeal and Replacement of Massage Ordinance
February 21, 2024

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Staff believes the recommended changes serve both the needs of the massage therapy profession as well as the City. Below are the most significant proposed changes to the City’s existing ordinance concerning the regulation of massage businesses:
•Updated the title of the Ordinance to Massage “Businesses.” •Updated definitions to include “Operator”, “Out-call Massage Service”, “Mobile Massage Service”, “Out-Call Massage Authorization”, “Recognized School of Massage”, and “Sole Practitioner.”
•Updated section 5.45.040 to include:
oA massage business shall notify the Finance Department within 10 days of any new therapist’s employment including providing proof of California Massage Therapy Council (CMTC) certification.
oA massage business shall notify the Finance Department within 10 days of upon any therapist ceasing to be employed.
oA massage business must provide the Finance Department with proof of insurance.
oA massage business shall maintain a current register of all persons employed as a therapist which includes specific information.
oA massage business shall maintain on premises the original business license and original CMTC certificate for all therapists.
•The allowed hours of operation were changed from 7AM-10PM to 8AM-9PM. •Added a prohibition against selling, giving away, dispensing, providing, or preparing any alcoholic beverages or food.
•Added a prohibition against massage businesses utilizing the premise or factories of a recognized school of massage.
•Added additional language requiring patrons to be properly draped along with a prohibition against sleeping beds being on site.
•Added a prohibition against open flames.
•A specific prohibition against sexual activity and locking massage room doors. •Added a requirement for there to be a list of services and prices posted in an open and conspicuous place on the premises, and a prohibition against doing any other services than those listed.
•Added a requirement for each massage service provided to be kept on a ledger with specific information.
•A prohibition against a massage business location being utilized for residential purposes. •Added a prohibition against warning devices.
•Added a section for Out-Call Massage requirements and a section requiring couples massages needing authorization from the city.
•Added some clarification and more specific language related to a massage therapist’s attire.
•Added a section regulating certain advertising practices. •Added a section prohibiting a person who has been granted a business license for a massage business to conduct any business not specific to the license and a requirement to obtain a new business license if the business name is changed. •Added a requirement for all owners or operators of a massage business to be present on premises when the business is open and providing massage therapy. The only exception would be if an owner or operator has designated a “designated manager.” Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 2

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City of Menifee Staff Report
Repeal and Replacement of Massage Ordinance
February 21, 2024

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•Added a section that would prohibit an applicant from reapplying for a massage business license for a period of one year if their business license was denied or revoked for failure to comply with any requirements of the ordinance.
•Added a section prohibiting a new massage business from opening at the same location where the business license has been revoked and the CUP is also revoked.

Staff invited current massage business license holders and property owners to a community meeting on November 14, 2023, to learn more about the proposed repeal and replacement of the massage ordinance. The community meeting flyer was mailed out on October 25, 2023. Four current massage business owners and one prospective massage business owner attended the meeting. The attendees had some clarifying questions but were in support of the proposed repeal and replacement of the massage business ordinance.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

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

ATTACHMENTS

1. Proposed Ordinance

2. Redline of Ordinance Changes

3. Community Meeting Flyer
Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 3

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4 7
9 0
2 ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MENIFEE, CALIFORNIA REPEALING AND REPLACING THE
ENTIRETY OF CHAPTER 5.45 OF THE MENIFEE MUNICIPAL CODE

RELATING TO MASSAGE ESTABLISHMENTS
WHEREAS, the City of Menifee seeks to protect the public health, safety, and welfare of all residents, visitors, employees, and business owners; and WHEREAS, the City of Menifee, like many cities across the United States, has experienced an increase of massage businesses that exhibit illegal behavior and violate state and local law; and
WHEREAS, the Menifee Police Department has worked diligently with various City departments and the public to shut down illegal massage businesses; and WHEREAS, in 2022 the City Council of the City of Menifee adopted a new business license ordinance which further regulated special business types such as massage businesses; and
WHEREAS, the City Council seeks adopt further regulations to ensure that all massage businesses operating in the City of Menifee are sanitary, compliant, and safe.

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

SECTION 1. The above recitals are true and correct and are incorporated in full herein.

SECTION 2. Chapter 5.45: Massage Establishments is repealed in its entirety and replaced as described by Exhibit “A”, attached hereto and incorporated herein in full.

SECTION 3. All ordinances, resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.

SECTION 4. 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 5. This ordinance shall take effect 30 days from the date of its adoption.

SECTION 6. 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.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 4

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2 This Ordinance was introduced for first reading on February 21, 2024, and PASSED, APPROVED, AND ADOPTED this ___ day of _________________ 2024.

Bill Zimmerman, Mayor
Approved as to form:

Jeffrey T. Melching, City Attorney
Attest:

Sarah Manwaring, City Clerk
Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 5

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2 Exhibit A
CHAPTER 5.45: MASSAGE BUSINESSES
Section

5.45.010 Definitions

5.45.020 Massage therapy license required

5.45.030 Exemptions from chapter

5.45.040 Licensing of massage business

5.45.050 Hours of operation

5.45.060 Minors

5.45.070 Alcoholic beverages and food

5.45.080 Recognized school of massage

5.45.090 Physical facility and Building Code requirements

5.45.100 Health and safety requirements

5.45.110 Warning devices prohibited

5.45.120 Out-call massage requirements

5.45.130 Couple’s massage authorization requirements

5.45.140 In-Home massage business requirements

5.45.150 Attire and physical hygiene requirements

5.45.160 Prohibited advertising practices

5.45.170 Inspection by government officials

5.45.180 Owner and operator responsibility; denial, revocation, restriction, or suspension of business license

5.45.190 Remedies cumulative; each day a separate offense

5.45.200 Public nuisance

5.45.210 Criminal penalties

5.45.220 Civil injunction

5.45.230 Administrative fines and costs

5.45.240 Authorization to verify
§ 5.45.010 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CALIFORNIA MASSAGE THERAPY COUNCIL (CMTC). The organization responsible for facilitating and implementing Cal. Business and Professions Code Ch. 10.5 (commencing with § 4600) of Division 2, as that section may be amended from time to time, affecting massage therapists in California.

CMTC CERTIFICATE. The certificate issued by the California Massage Therapy Council to massage therapists pursuant to Cal. Business and Professions Code § 4604(a) and to massage practitioners pursuant to Cal. Business and Professions Code § 4604.2, as these sections may be amended from time to time.

COMPENSATION. The payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 6

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2 COUPLE’S MASSAGE. A massage performed by two (2) massage therapists to two (2) persons in the same room at the same time within a massage business.

COUPLE’S MASSAGE AUTHORIZATION. An authorization indicated on a massage business license issued to a massage business obtained under sections 5.45.020 and 5.45.130 of this chapter allowing the performance of couple’s massage. Nothing in this chapter shall be construed to require massage therapists to obtain a separate license, permit, certificate, or other authorization to provide massage.

EMPLOYED OR RETAINED BY.
(1) Any person who is a directly paid employee of a massage business; (2) Any person whose association with a massage business is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage business; and
(3) Any person who receives a referral of patrons from a massage business and who at any time before or after the referral arranges in any way for compensation to flow to the massage business or any of its owners (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or the parties record the compensation in their financial records).

IN-HOME MASSAGE BUSINESS. A massage business established solely within a residence in which massages are provided by appointments only. The in-home massage business must be owned and/or operated by the same person or persons who owns or leases the residence.

Massages cannot be provided by therapists other than the owner or lessee of the residence.

MASSAGE, MASSAGE THERAPY, ACUPRESSURE BODYWORK. Used in this chapter interchangeably. The scientific manipulation soft tissues of the human body, including but not limited to, any method of pressure or friction against or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking, or stimulating of the external surfaces of the body with hands or with any object or appliance. For purposes of this chapter, the terms massage, massage therapy, acupressure, and bodywork shall have the same meaning and specifically exclude the diagnosis, prescription, intentional manipulation or adjustments of the skeletal structure, or any other service, procedure or therapy which requires a license to practice (e.g., chiropractic, osteopathy, orthopedics, physical therapy, podiatry or medicine), hypnosis, naturopathic, colonic irrigation, acupuncture, vacuum cupping, nutritional or dietary counseling, detoxification programs, yoga, exercise, Vichy showers and spiritual healing.

MASSAGE BUSINESS. Any sole proprietorship, business, establishment, or enterprise which offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron, except for locations where massage is only provided at an out-call basis. Any business which offers any combination of massage therapy and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools, and hot tubs, shall be deemed a massage business under this chapter. For purposes of this chapter, massage business includes “acupressure” or “day spa” establishments.

MASSAGE THERAPIST. Any person to whom a CMTC certificate has been issued pursuant to Cal. Business and Professions Code § 4604(a) or § 4604.2, as these sections may be amended from time to time, who is engaged in the practice of massage therapy for compensation. As used Item Title: 12.2
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2 in this chapter, the terms bodyworker, bodywork therapist, massage and bodywork therapist, and massage practitioner shall have the same meaning as massage therapist.

OPERATOR. The owner(s), operator(s), or individual(s) in charge of or in control of a massage business and subject to the responsibilities in section 5.45.180 of this chapter.

OUT-CALL MASSAGE SERVICE, MOBILE MASSAGE SERVICE. Used in this chapter interchangeably. The provision of massage services at a location other than the operational address of a massage business identified on a business license, by a massage therapist, in compliance with all the requirements of section 5.45.120 of this chapter.

OUT-CALL MASSAGE AUTHORIZATION. An authorization indicated on a massage business license issued under section 5.45.120 of this chapter to a massage business to perform out-call massages. Nothing in this chapter shall be construed to require massage therapists to obtain a separate license, permit, certificate, or other authorization to provide massage.

PERSON. Any individual, proprietorship, partnership, corporation, firm, association, joint stock company, or combination of the above in whatever form or character.

RECOGNIZED SCHOOL OF MASSAGE. A school approved by the California Massage Therapy Council that meets minimum standards for training and curriculum in massage and related subjects, that meets any of the following requirements, and that has not been otherwise unapproved by the CMTC:
(A) Is approved by the Bureau for Private Postsecondary Education. (B) Is approved by the Department of Consumer Affairs.
(C) Is an institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following:
(1) A public institution.
(2) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, as it may be amended from time to time, and that is not managed by any entity for profit.
(3) A for-profit institution.
(4) An institution that does not meet all of the criteria in subparagraph (B) that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, that has been in continuous operation since April 15, 1997, as it may be amended from time to time, and that is not managed by any entity for profit. (D) Is a college or university of the state higher education system, as defined in Section 100850 of the Education Code, as that section may be amended from time to time.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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2 (E) Is a school requiring equal or greater training than what is required pursuant to this chapter and is recognized by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education.

SOLE PRACTITIONER. A massage business where the owner owns 100 percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active license issued in accordance with this Code, and has no other employees or independent contractors.
§ 5.45.020 MASSAGE THERAPY LICENSE REQUIRED.

Except where a specific exemption is applicable pursuant to this chapter, it is a violation of this Code for any person to engage in the practice of massage therapy and for any massage business to employ or retain a person, unless the person first obtains and continues to maintain in full force and effect a valid CMTC certificate.
§ 5.45.030 EXEMPTIONS FROM CHAPTER.

Unless otherwise specified, this chapter shall not apply to:
(A) Persons holding a valid certificate to practice the healing arts under the laws of the state including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses, and licensed vocational nurses;
(B) State-licensed hospitals, nursing homes, sanitariums, physiotherapy establishments, or other state-licensed physical or mental health facilities and their employees; (C) Recognized schools of massage and their students in training, provided, the students provide message therapy only under the direct personal supervision of an instructor; (D) Barbers and cosmetologists who are licensed under the laws of the state while providing massage therapy within the scope of their licenses, provided that, the massage therapy is limited solely to the neck, face, scalp, feet, and lower limbs up to the knees, and hands and arms, of their patrons; and
(E) Persons who provide massage therapy to amateur, semi-professional, or professional athletes or athletic teams, facilities, or events, so long as such persons do not practice massage therapy as their primary occupation in the City. § 5.45.040 LICENSING OF MASSAGE BUSINESS.
(A) Every massage business applying for a City business license shall meet the requirements of this chapter before the business license may be issued, and shall continue to meet the requirements or be subject to suspension or revocation of the license. (B) Every massage business shall:
(1) Within ten (10) calendar days of the commencement of any massage therapist’s period of employment, notify the Finance Department – Business Licensing Division of the City of Menifee Provide the Finance Department in writing of the Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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2 employment or affiliation with the massage therapist and provide a copy of their CMTC certificate;
(2) Within ten (10) calendar days of the date a massage therapist ceases to be employed by or affiliated with a massage business, notify the Finance Department – Business Licensing Division of the City of Menifee in writing of such cessation. (3) Provide the Finance Department with proof of insurance provided by an insurance company authorized to do business in the State of California evidencing that the massage business and all massage therapists performing massage for the massage business, are insured under a liability insurance policy providing minimum coverage of Two Million Dollars ($2,000,000) for personal injury or death to any person arising out of or in connection with the operation of any massage business and the performance of massage for the massage business. All massage businesses or establishments must comply with the requirements of California Labor Code Section 3700 et seq., as those sections may be amended from time to time. Such insurance required by this Subdivision shall remain in full force and effect at all times throughout the operation of the massage business. (4) Maintain a current register of all persons employed as massage therapists by the massage business, which shall include the full name, date of birth, current address, phone number, CMTC certificate number, and the CMTC certificate expiration date for each employee. This register shall be available for inspection by City personnel at all times during regular business hours;
(5) Maintain on its premises the original massage business license and original CMTC certificate for each massage therapist working at the establishment, which shall be displayed in a conspicuous public place on the premises. It shall be unlawful to display photocopies of licenses or certificates. The massage establishment licensee shall be responsible for ensuring each massage therapist’s certificate is displayed in a conspicuous place on the premises; and
(6) Apply for a new business license in the event that the massage business changes names or management or transfers the business to another person. § 5.45.050 HOURS OF OPERATION.

No massage business shall provide massage therapy between the hours of 9:00 p.m. and 8:00 a.m. of the following day. All customers, patrons, and visitors must be excluded from the massage business premises during these hours.
§ 5.45.060 MINORS.

It shall be unlawful for any massage business to:
(A) Employ or retain any person who is under the age of 18 years to provide any massage therapy; or
(B) Provide massage therapy to any person who is under the age of 18 years, except at the request of a parent or other person in lawful custody of the minor.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 10

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2 § 5.45.070 ALCOHOLIC BEVERAGES AND FOOD.
(A) It shall be unlawful for any massage business to sell, give, dispense, provide, or keep, or cause to be sold, given, dispensed, provided, or kept, any alcoholic beverage, as defined in the Business and Professions Code § 23004, as that section may be amended from time to time, on the premises of any massage business or in conjunction with any massage business.
(B) No food shall be prepared for sale or sold at a massage business or at any location where an out-call massage service or residential massage is performed unless the massage business obtains an appropriate food vending or sales permit from the County of Riverside.
§ 5.45.080 RECOGNIZED SCHOOL OF MASSAGE.

No massage business shall use the facilities or premises of a recognized school of massage in connection with the operation of a massage business. Students training at a recognized school of massage may perform a massage on a member of the general public while on the premises of the recognized school of massage pursuant to section 5.45.080 of this chapter. § 5.45.090 PHYSICAL FACILITY AND BUILDING CODE REQUIREMENTS.

The following physical facility requirements shall be applicable to all massage businesses. (A) All doors to dressing rooms, toilet rooms, and massage therapy cubicles, rooms, booths, or areas shall open inward and shall be self-closing. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner dressing rooms and massage therapy cubicles, rooms, booths, or areas.
(B) Minimum lighting equivalent to at least one 40-watt light shall be provided in each massage therapy cubicle, room, booth, or area.
(C) A massage table shall be used for all massage therapy, with the exception of “Thai,” “Shiatsu,” and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron’s genitalia and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times. The tables should have a minimum height of 28 inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage business. Massage tables or padded pats used for outcall massage services must be inspected and approved by the City of Menifee Police Department before use.
(D) Massages may be provided to no more than two (2) persons at the same time in the same cubicle, room, booth, or area.
(E) Couple’s massages are subject to the following requirements:
(1) Couple’s massages may only be performed in cubicles, rooms, booths, or areas at least 100 square feet in size.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 11

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2 (2) Two (2) massage therapists must be present at all times in the cubicle, room, booth, or area where couple’s massages are being provided, at all times when such massage is provided.
(3) Two (2) massage tables shall be used for all couple’s massage therapy with one patron permitted on each table at one time, with the exception of “Thai,” “Shiatsu,” and similar forms of massage therapy, which may be provided on two (2) separate padded mats on the floor with one (1) patron permitted on each mat at a time. Each patron’s genitalia and any female patron’s breasts below a point immediately above the top of the areola must be fully draped while any employee of the massage business is in the massage therapy cubicle, room, booth, or area with the patron(s). The tables should have a minimum height of 28 inches. Beds, floor mattresses and waterbeds are not permitted on the premises of the massage business.
(F) All locker facilities, if any, that are provided for the use of patrons shall be fully secured for the protection of the patron’s valuables, and the patron shall be given control of the key or other means of access.
(G) In any massage business which employs two (2) or more massage therapists performing on-site massage simultaneously, separate restroom facilities shall be provided for each gender in convenient locations. This subdivision shall not be construed to prohibit a person of one sex from engaging in the massage of a person of the other sex. Upon a showing of good cause, the Community Development Director may exempt a massage establishment from the requirement to maintain separate facilities.
(H) The massage business shall comply with all local and state building standards applicable to other professional and personal services businesses, including, but not limited to, the following provisions in the current California Building Standards Code:
(1) Have a system of adequate ventilation;
(2) Have a supply of hot and cold running water;
(3) Have all plumbing and electrical installations installed under permit and inspection by the building and safety department;
(4) Have a supply of potable drinking water;
(5) Provide hand washing facilities; and
(6) Provide public toilet rooms.
§ 5.45.100 HEALTH AND SAFETY REQUIREMENTS.

The following health and safety requirements shall be applicable to all massage businesses or establishments, including in-home massage businesses, unless otherwise stated:
(A) The massage business shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering or linen has once Item Title: 12.2
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2 been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering or by a non-commercial laundering process which includes immersion in water at least 140°F for not less than 15 minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use.
(B) All massage therapy cubicles, rooms, booths, and areas, wet and dry heat rooms, toilet rooms, shower compartments, and hot tubs and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day the premises are open, and the facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.
(C) Open flames of any kind (including but not limited to candles) are prohibited in any massage establishment, pursuant to California Fire Code § 308.1, as that section may be amended from time to time.
(D) All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used or made available to a patron, it shall be removed from the container in a way as not to contaminate the remaining portion.
(E) All bathrobes, bathing suits, and other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one (1) patron, or shall be laundered after each use pursuant to this section.
(F) All combs, brushes, and or other items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one (1) patron, or shall be fully disinfected after each use.
(G) No patrons shall be allowed to use any shower facilities of the massage business unless the patrons are offered slip-resistant sandals or slippers while in the shower compartment.

All footwear such as sandals or slippers that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one (1) patron, or shall be fully disinfected after each use.
(H) No person(s) other than the person(s) receiving a massage and the massage technician shall be within a room in a massage establishment wherein a massage is being given. (I) The patron’s genitalia and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the massage business is in the massage therapy cubicle, room, booth, or area with the patron. No massage therapy shall be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus, gluteal fold, or areola of a patron at any time before, during, or after a massage.
(J) No owner, massage technician, or other employee of a massage establishment, or any other person shall engage in any form of sexual activity on the property.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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2 (K) Massages may not be carried on within any separate cubicle, room, booth, or area within a massage establishment or in connection with a massage business, which is fitted with a door capable of being locked unless the only door is an exterior door, and the massage business is a business entity owned by one individual with one or no employees or independent contractors. A temporary lock may be used to secure a massage cubicle, room, booth, or area within a massage business if no staff is present outside of the massage cubicle, room, booth, or area to secure the safety of the massage therapist and client, provided that no lock may be permanently affixed and the locking device must be entirely removed after each massage session and every person in the cubicle, room, booth, or area shall be able to freely exit at all times. (L) Except when there is no staff available to assure security for massage therapy patrons and staff who are behind closed doors, all reception and hallway doors must remain unlocked during business hours. Back or exterior doors other than front doors used solely for employee ingress and egress may be secured as permitted by applicable law, which allow for safety doors which may be opened from the inside when locked, but shall otherwise remain unlocked during business hours. This subdivision (I) shall not apply if the massage business is a business entity owned by one individual with one or no employees or independent contractors.
(M) A list of services available and the price of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in readily understandable language. No massage business owner, operator, manager, or person in charge of, or in control of, the massage business shall permit, and no massage therapist shall offer to perform, any services other than those posted. (N) For each massage service provided, each massage business shall keep a complete and legible written record of:
(1) The date and hour that service was provided;
(2) The service received;
(3) The name or initials of the employee entering the information; and (4) The name of the massage therapist administering the service. (O) All such records referenced in subsection (N) above shall be open to inspection and copying by City personnel. Such records shall not be used by any massage therapist or operator of a massage business for any purpose other than as records of service provided, and may not be provided to other parties unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of one year, and shall be immediately available for inspection during business hours. (P) No massage business shall be used for residential purposes. No operator of a massage business shall permit any person to live on the premises of the massage business located in a commercial zone. This prohibition shall not apply in cases in which an out-call massage takes place at a residence or to in-home massages businesses. § 5.45.110 WARNING DEVICES PROHIBITED.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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2 The presence of any device which can be utilized as an early warning system, to alert the employees or operator of a massage business to the presence of city personnel, law enforcement, or other local authorities on the premises is prohibited in any massage business. Such prohibited devices include, but are not limited to, light or music dimmers, electronic detection devices, external or internal video equipment, and alarm systems other than those used for fire and/or carbon monoxide alarms.
§ 5.45.120 OUT-CALL MASSAGE REQUIREMENTS.
(A) Any massage business must obtain an out-call massage permit prior to performing out- call massage. A copy of the out-call massage permit must be posted in the massage business. City personnel may inspect the massage business where the couple’s massage will take place to determine whether the location meets the requirements of this section and all other requirements imposed by this chapter.
(B) Any out-call massage service must be booked by a massage business and shall not be performed at any location other than the location booked by the massage business. (C) No massage business shall be permitted to operate solely as an outcall massage service. (D) Out-call massage services may comprise no more than forty percent (40%) of the annual proceeds generated by a massage business.
(E) No out-call massage services may be performed at a commercial establishment, other than at the patron’s own place of business.
(F) Unless otherwise provided, the provision of out-call massage requirements shall comply with the provisions of this chapter.
§ 5.45.130 COUPLE’S MASSAGE AUTHORIZATION REQUIREMENTS.

All massage businesses must obtain a couple’s massage authorization prior to performing couple’s massage. A copy of the couple’s massage authorization must be posted in the room, cubicle, booth, or area where the couple’s massage is to take place. City personnel may inspect the massage business where the couple’s massage will take place to determine whether the location meets the requirements of this section and all other requirements imposed by this chapter.
§ 5.45.140 IN-HOME MASSAGE BUSINESS REQUIREMENTS.

All in-home massage businesses must obtain a home occupation permit as well as a massage business license and an in-home massage business authorization prior to operating a massage business from within a residential home. A copy of the in-home massage business authorization must be posted in the room, cubicle, booth, or area where massages are to take place. City personnel may inspect the in-home massage business where massages will take place to determine whether the location meets the requirements of this section and all other requirements imposed by this chapter.
§ 5.45.150 ATTIRE AND PHYSICAL HYGIENE REQUIREMENTS.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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2 The following attire and physical hygiene requirements shall be applicable to all massage therapists and massage practitioners who are employed or retained by a massage business or are sole practitioners within the City.
(A) All persons shall be clean and wear clean and sanitary outer garments at all times. Persons shall not dress, while engaged in the practice of massage, or while visible to clients of a massage establishment, in any of the following:
(1) Attire that is transparent, see-through, sheer, or substantially exposes the certificate holder’s undergarments;
(2) Swim attire, if not providing a water-based massage modality approved by the CMTC;
(3) A manner that exposes the certificate holder’s breasts, buttocks, or genitals; (4) A manner that constitutes a violation of section 314 of the Penal Code; or (5) A manner that is otherwise deemed by the CMTC to constitute unprofessional attire based on the custom and practice of the profession in California. (B) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a patron. No massage therapy shall be provided upon a surface of the skin or scalp of a patron where the skin is inflamed, broken (e.g., abrased, cut) or where a skin infection or eruption is present. (C) No person afflicted with an infection or parasitic infestation capable of being transmitted to a patron shall knowingly provide massage therapy to a patron, or remain on the premises of a massage business while so infected or infested. Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this section. Infections or parasitic infestations capable of being transmitted to a patron include, but are not limited to:
(1) Cold, influenza, or other respiratory illness accompanied by a fever, until 24 hours after resolution of the fever or otherwise as provided by public health officials; (2) Streptococcal pharyngitis (“strep throat”), until 24 hours after treatment has been initiated and 24 hours after resolution of fever;
(3) Purulent conjunctivitis (“pink eye”), until examined by a physician and approved for return to work;
(4) Pertussis (“whooping cough”), until five days of antibiotic therapy has been completed;
(5) Varicella (“chicken pox”), until the sixth day after onset of rash or sooner if all lesions have dried and crusted;
(6) Mumps, until nine (9) days after onset of parotid gland swelling; Item Title: 12.2
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2 (7) Tuberculosis, until a physician or local health department authority states that the person is non-infectious;
(8) Impetigo (bacterial skin infection), until 24 hours after treatment has begun; (9) Pediculosis (head lice), until the morning after first treatment; and (10) Scabies (“crabs”), until after treatment has been completed § 5.45.160 PROHIBITED ADVERTISING PRACTICES.
(A)It is a violation of this chapter for any person who does not possess a valid and unexpired CMTC certificate, and for any massage business that employs or retains such a person to:
(1) State or advertise or put out any sign, card, or other devise, or to represent to the public through any print or electronic media, that such person is certified, registered, or licensed by a governmental agency as a massage therapist or practitioner; or
(2) Hold oneself out of use of the title of “certified massage therapist” or “certified massage practitioner” or any other term, such as “licensed,” “registered,” or “CMT,” that implies or suggests that the person is the holder of a valid and unexpired CMTC certificate.
(B)No massage business shall place, publish, or distribute, or cause to be placed, published, or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to subdivision (M) of section 5.45.100 of this chapter, nor shall any massage business employ language in the text of such advertising matter that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.
§ 5.45.170 INSPECTION BY GOVERNMENT OFFICIALS.
(A)All massage businesses or establishments, as a condition of their business licenses, shall permit representatives of the City, Riverside County Health Department, Police Department, or Fire Department, to conduct reasonable inspections of all areas during the regular business hours of the massage business, for the purpose of verifying CMTC certificates and ensuring compliance with state and local law, including, but not limited to, Cal. Business and Professions Code Ch. 10.5 (commencing with § 4600), as these sections may be amended from time to time, City zoning requirements, City building code requirements, the requirements delineated in this chapter or other applicable fire and health and safety requirements.
(B)Nothing in this section shall be deemed to prohibit the above-described government officials from pursuing any and all available legal remedies to secure entry into and reasonable inspection of the premises of the massage business if the entry is refused.

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2 (C)It is a violation of this chapter for the massage business to prohibit or interfere with the lawful inspection of the premises at any time it is open for business § 5.45.180 OWNER AND OPERATOR RESPONSIBILITY; DENIAL, REVOCATION, RESTRICTION OR SUSPENSION OF BUSINESS LICENSE.

The following provisions shall apply to all massage businesses or establishments. (A) For the purpose of enforcement of the requirements of this chapter, all owners and operators of the massage business shall be responsible for the conduct of all of its employees, agents, independent contractors, or other representatives, while on the premises of the massage business or providing massage therapy. (B) Notwithstanding the provisions of Cal. Business and Professions Code Ch. 10.5 (commencing with § 4600) of Division 2, as that section may be amended from time to time, the City, or its authorized agent, may:
(1) Require the massage business in its application for a business license, or for the renewal of a business license, to provide information relevant to the activities of the massage business regulated by this chapter;
(2) Make reasonable investigations into the information provided in the application for a business license;
(3) Verify the CMTC certificates of the massage therapists and practitioners employed by the massage business;
(4) Conduct reasonable safety and health inspections of the massage business; (5) Charge a business licensing fee sufficient to cover the costs of the business licensing activities regulated by this chapter; and
(6) Deny, revoke, restrict or suspend a business license for the following causes:
(a) An employee, agent, independent contractor, or other representative of the massage business has committed a violation of this chapter or Cal. Business and Professions Code Ch. 10.5 (commencing with § 4600) of Division 2; (b) The massage business has provided materially false information in its application for a business license; or
(c) Any other reason allowed by law.
(C) Except as otherwise provided by this chapter, no person granted a business license for a massage business shall operate under any name or conduct the business at any location not specific in the license. If the business name, facilities, and/or location is changed, a new business license shall be obtained.
(D) All owners or operators of a massage business shall be present on the premises at all times when the massage business is open for business and is providing massage therapy, unless such owner or operator designated a “designated manager” to oversee the conduct Item Title: 12.2
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2 of all employees, agents, independent contractors, or other representatives of the massage business at all times when the massage business is open for business and is providing massage therapy. The name of the designated manager on duty shall be posted in a conspicuous public place in the public area of the massage business. (E) If an application for a massage business license is denied or revoked for failure to comply with any requirements of this chapter or chapter 5.01 of the Menifee Municipal Code, the applicant may not reapply for a massage business license for a period of one (1) year from the date the application was denied.
(F) In the event a massage business license is revoked, no new massage business license may be issued at the location where the revoked massage business license previously operated for a period of one (1) year.
(G) In addition to compliance with this chapter, massage businesses must comply with Menifee Municipal Code section 5.01.070 Additional License Requirements for Massages Businesses, which, among other things, prohibits the approval of a conditional use permit for a massage business at a location if a conditional use permit for that location was previously revoked in the last five years.
§ 5.45.190 REMEDIES CUMULATIVE: EACH DAY A SEPARATE OFFENSE.

Any person subject to this chapter who personally, or through an agent, employee, independent contractor, or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by the person. All remedies provided herein shall be cumulative and not exclusive.
§ 5.45.200 PUBLIC NUISANCE.

Any massage establishment or business operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take other steps and shall apply to the court or courts as may have jurisdiction to grant relief as will abate or remove the massage establishments or businesses and restrain and enjoin any person from operating, conducting, or maintaining a massage establishment or business contrary to the provisions of this chapter.
§ 5.45.210 CRIMINAL PENALTIES.

Any person subject to this chapter who personally, or through an agent, employee, independent contractor, or other representative, violates any provision of this chapter commits a misdemeanor.

Any person convicted of a misdemeanor shall be subject to punishment by fine and or imprisonment to the maximum extent permitted by state law. § 5.45.220 CIVIL INJUNCTION.

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause for injunctive relief.

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2 § 5.45.230 ADMINISTRATIVE FINES AND COSTS.

In addition to the remedies set forth above, any person subject to this chapter who personally, or through an agent, employee independent contractor or other representative, violates any provision of this chapter may be administratively cited. § 5.45.240 AUTHORIZATION TO VERIFY.

By engaging in the practice of massage therapy within the City, and applying for a business license or renewal of a business license, each massage business endorses the provisions of this chapter, agrees to cooperate with the City regarding the provisions and provides authorization for the City, its agents and employees, and the county, its agents and employees, to verify all information requested in the massage business’s license application or renewal and to engage in reasonable investigations associated with the City’s effort to enforce the provisions of this chapter Item Title: 12.2
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1 CHAPTER 5.45: MASSAGE ESTABLISHMENTSBUSINESSES
Section

5.45.010 Definitions

5.45.020 Massage therapy license required

5.45.030 Exemptions from chapter

5.45.040 Licensing of massage business or establishment

5.45.050 Hours of operation

5.45.060 Minors

5.45.070 Alcoholic beverages and food

5.45.080 Recognized school of massage

5.45.090 Physical facility and Building C ode requirements

5.45.080 5.45.100 Health and safety requirements

5.45.110 Warning devices prohibited

5.45.120 Out-call massage requirements

5.45.130 Couple’s massage authorization requirements

5.45.140 In-Home massage business requirements

5.45.090 5.45.150 Attire and physical hygiene requirements

5.45.160 Prohibited advertising practices

5.45.100 5.45.170 Inspection by government officials

5.45.110 5.45.180 Owner and operator responsib ility; denial, revocation, restriction , or suspension of business license

5.45.120 5.45.190 Remedies cumulative; each day a separate offense

5.45.130 5.45.200 Public nuisance

5.45.140 5.45.210 Criminal penalties

5.45.150 5.45.220 Civil injunction

5.45.160 5.45.230 Administrative fines and costs

5.45.170 5.45.240 Authorization to verify
§

5.45.010 DEFINITIONS.

For the purpose of this chapter, the following definitions shal l apply unless the context clearly indicates or requires a different meaning.

CALIFORNIA MASSAGE THERAPY COUNCIL (CMTC). The organization responsible for facilitating and implementing Cal. Business and Professions Cod e Ch. 10.5 (commencing with §
4600) of Division 2, as that section may be amended from time to time, affecting massage therapists in California.

CMTC CERTIFICATE. The certificate issued by the California Massage Therapy Counc il to massage therapists pursuant to Cal. Business and Professions Code § 4601(c4604(a) and to massage practitioners pursuant to Cal. Business and Professions Code § 4601(b) or Cal.

Business and Professions Code § 4604(c) 4604.2, as these sections may be amended from time to time.

COMPENSATION. The payment, loan, advance, donation, contribution, deposit, exchange or gift of money , or anything of value.

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2 COUPLE’S MASSAGE. A massage performed by two (2) massage therapists to two (2) persons in the same room at the same time within a massage business.

COUPLE’S MASSAGE AUTHORIZATION. An authorization indicated on a massage business license issued to a massage business obtained under sections 5.45.020 and 5.45.130 of this chapter allowing the performance of couple’s massage. Nothing in this chapter shall be construed to require massage therapists to obtain a separate license, per mit, certificate, or other authorization to provide massage.

EMPLOYED OR RETAINED BY.
(1) (1) Any person who is a directly paid employee of a massage busines s o r establishment;
(2) (2) Any person whose association with a massage business or establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage business or establishment; and (3) (3) Any person who receives a referral of patrons from a massage bu siness or establishment and who at any time before or after the referral arranges in an y way for compensation to flow to the massage business or establishment or any of its owners (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or the parties record the compensation in their financial records).

IN-HOME MASSAGE BUSINESS. A massage business established solely within a residence in which massages are provided by appointments only. The in-home m assage business must be owned and/or operated by the same person or persons who owns or leases the residence.

Massages cannot be provided by therapists other than the owner or lessee of the residence.

MASSAGE, MASSAGE THERAPY, ACUPRESSURE BODYWORK. Used in this chapter interchangeably. The application of various techniques to the muscular structure and scientific manipulation soft tissues of the human body, including but not limited to, any method of pressure or friction against or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking
, or stimulating of the external surfaces of the body with hands or with any object or appliance. The terms MASSAGEFor purposes of this chapter, MASSAGE THERAPY and BODYWORK the terms massage, massage therapy, acupressure, and bodywork shall have the same meaning and specifically exclude the diagnosis, prescription, intentional manipulation or adjustments of the skeletal structure, or any other service, procedure or therapy which requires a license to practice (e.g., chiropractic, osteopathy, orthopedics, physical therapy, podiatry or medicine), hypnosis, naturopathic, colonic irrigation, acupuncture, vacuum cupping, nutritional or dietary counseling, detoxification programs, yoga, exercise, Vichy showers and spiritual healing.

MASSAGE BUSINESS OR ESTABLISHMENT . Any sole proprietorship, business o r , establishment , or enterprise which offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron, except for locations where massage is only provided at an out-call basis. Any business or establishment which offers any combination of massage therapy and bath fac ilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools , and hot tubs, shall be deemed a massage business or establishment under this chapter. For purposes of this chapter, MASSAGE BUSINESS OR ESTABLISHMENT massage business includes “acupressure” or “day spa” establishments.

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3 MASSAGE THERAPIST. Any person to whom a CMTC certificate has been issued pursuant to Cal. Business and Professions Code § 4601(b) or (c) or Cal. Business and Professions Code § 4604(a) or (c) and § 4604.2, as these sections may be amended from time to time, who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms BODYWORKER, BODYWORK THERAPIST or MASSAGE AND BODYWORK
THERAPIST or MASSAGE PRACTITIONER bodyworker, bodywork therapist, massage and bodywork therapist, and massage practitioner shall have the same meaning as MASSAGE THERAPIST.massage therapist.

OPERATOR. The owner(s), operator(s), or individual(s) in charge of or in control of a massage business and subject to the responsibilities in section 5.45.180 of this chapter.

OUT-CALL MASSAGE SERVICE, MOBILE MASSAGE SERVICE. Used in this chapter interchangeably. The provision of massage services at a location other than the operational address of a massage business identified on a business license, by a massage therapist, in compliance with all the requirements of section 5.45.120 of this chapter.

OUT-CALL MASSAGE AUTHORIZATION. An authorization indicated on a massage business license issued under section 5.45.120 of this chapter to a massage business to perform out-call massages. Nothing in this chapter shall be construed to require massage therapists to obtain a separate license, permit, certificate, or other authorization to provide massage.

PERSON. Any individual, proprietorship, partnership, corporation, firm, association, joint stock company , or combination of the above in whatever form or character.

RECOGNIZED SCHOOL OF MASSAGE. A facility that teaches the theory, ethics, practice, profession and work of massage therapy and that is approved by the California Massage Therapy Council (“CMTC”). The term RECOGNIZED SCHOOL OF MASSAGE shall not include a school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class. The city shall have the right to confirm that all sole practitioners and massage therapists and practitioners employed by a massage business or establishment actually attended class at a RECOGNIZED SCHOOL OF MASSAGE.

RECOGNIZED SCHOOL OF MASSAGE. A school approved by the California Massage Therapy Council that meets minimum standards for training and curriculum in massage and related subjects, that meets any of the following requirements, and that has not been otherwise unapproved by the CMTC:
(A) Is approved by the Bureau for Private Postsecondary Education. (B) Is approved by the Department of Consumer Affairs.
(C) Is an institution accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges and that is one of the following:
(1) A public institution.

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4 (2) An institution incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, as it may be amended from time to time, and that is not managed by any entity for profit.
(3) A for-profit institution.
(4) An institution that does not meet all of the criteria in subparagraph (B) that is incorporated and lawfully operating as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, that has been in continuous operation since April 15, 1997, as it may be amended from time to time, and that is not managed by any entity for profit. (D) Is a college or university of the state higher education system, as defined in Section 100850 of the Education Code, as that section may be amended from time to time. (E) Is a school requiring equal or greater training than what is required pursuant to this chapter and is recognized by the corresponding agency in another state or accredited by an agency recognized by the United States Department of Education.

SOLE PRACTITIONER. A massage business where the owner owns 100 percent of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active license issued in accordance with this Code, and has no other employees or independent contractors.
§

5.45.020 MASSAGE THERAPY LICENSE REQUIRED.

Except where a specific exemption is applicable pursuant to this chapter, it is a violation of this chapter Code for any person to engage in the practice of massage therapy and for any massage business or establishment to employ or retain a person, unless the person first obtains and continues to maintain in full force and effect a valid CMTC certificate. §

5.45.030 EXEMPTIONS FROM CHAPTER.

Unless otherwise specified, this chapter shall not apply to:
(A) (A) Persons holding a valid certificate to practice the healing arts under the laws of the state including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses
, and licensed vocational nurses;
(B) (B) State-licensed hospitals, nursing homes, sanitariums, physiotherapy establishments , or other state-licensed physical or mental health facilities and their employees;
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5 (C) (C) Recognized schools of massage and their students in training ; , provided, the students provide message therapy only under the direct personal supervision of an instructor;
(D) (D) Barbers and cosmetologists who are licensed under the laws of the state while providing massage therapy within the scope of their licenses; , provided that, the massage therapy is limited solely to the neck, face, scalp, feet , and lower limbs up to the knees, and hands and arms, of their patrons; and
(E) (E) Persons who provide massage therapy to amateur, semi-professional , or professional athletes or athletic teams, fac ilities , or events, so long as such persons do not practice massage therapy as their primary occupation in the cityCity. §

5.45.040 LICENSING OF MASSAGE BUSINESS OR ESTABLISHMENT. (A) (A) Every massage business or establishment applying for a city City business license shall meet the requirements of this chapter before the business license may be issued, and shall continue to meet the requirements or be subject to suspension or revocation of the license.
(B)
(B) Every massage business or establishment shall:
(1) Provide the City Clerk or his or her designee with a copy of the CMTC certificate of every person who is employed or retained by the massage business or establishment to provide massage therapy, within 30 calendar days of the commencement of the person’s period of employment;
(2) Maintain on its premises a copy or other evidence of each CMTC certificate for review by city representatives; and
(1) Within ten (10) calendar days of the commencement of any massage therapist’s period of employment, notify the Finance Department – Business Licensing Division of the City of Menifee Provide the Finance Department in writing of the employment or affiliation with the mass age therapist and provide a copy of their CMTC certificate;
(2) Within ten (10) calendar days of the date a massage therapist ceases to be employed by or affiliated with a massage business, notify the Finance Department – Business Licensing Division of the City of Menifee in writing o f such cessation. (3) Provide the Finance Department with proof of insurance provided by an insurance company authorized to do business in the State of California evidencing that the massage business and all massage therapists performing massage for the massage business, are insured under a liab ility insurance policy providing minimum coverage of Two Million Dollars ($2,000,000) for personal injury or death to any person arising out of or in connection with the operation of any massage business and the performance of massage for the massage business. All massage businesses or establishments must comply with the requirements of California Labor Code Section 3700 et seq., as those sections may be amended from time Item Title: 12.2
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6 to time. Such insurance required by this Subdivision shall remain in full force and effect at all times throughout the operation of the massage business. (4) Maintain a current register of all persons employed as massage therapists by the massage business, which shall include the full name, date of birth, current address, phone number, CMTC certificate number, and the CMTC certificate expiration date for each employee. This register shall be available for inspection by City personnel at all times during regular business hours;
(5) Maintain on its premises the original massage business license and original CMTC certificate for each massage therapist working at the establishment, which shall be displayed in a conspicuous public place on the premises. It shall be unlawful to display photocopies of licenses or certificates. The massage es tablishment licensee shall be responsible for ensuring each massage therapist’s certificate is displayed in a conspicuous place on the premises; and
(6) (3) Apply for a new business license in the event that the massage business or establishment changes names, or management or transfers the business to another person.
§

5.45.050 HOURS OF OPERATION.

No massage business or establishment shall provide massage therapy to the public for compensation between the hours of 10:00 9:00 p.m. and 7:00 8:00 a.m. of the following day.

All customers, patrons, and visitors must be excluded from the massage business premises during these hours.
§

5.45.060 MINORS.

It shall be unlawful for any massage business or establishment, and for any massage business or establishment to:
(A) (A) Employ or retain any person who is under the age of 18 years to provide any massage therapy to the public for compensation; or
(B) (B) Provide massage therapy to any person who is under the age of 18 years, except at the special instance and request of a parent or other person in lawful custody of the minor.
§

5.45.070 ALCOHOLIC BEVERAGES AND FOOD.
(A) It shall be unlawful for any massage business to sell, give, dispense, provide, or keep, or cause to be sold, given, dispensed, provided, or kept, any alcoholic beverage, as defined in the Business and Professions Code § 23004, as that section may be amended from Item Title: 12.2
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7 time to time, on the premises of any massage business or in conjunction with any massage business.
(B) No food shall be prepared for sale or sold at a massage business or at any location where an out-call massage service or residential massage is performed unless the massage business obtains an appropriate food vending or sales permit from the County of Riverside.
§ 5.45.080 RECOGNIZED SCHOOL OF MASSAGE.

No massage business shall use the fac ilities or premises of a rec ognized school of massage in connection with the operation of a massage business. Students training at a recognized school of massage may perform a massage on a member of the general public while on the premises of the recognized school of massage pursuant to section 5.45.080 of this chapter. §

5.45.090 PHYSICAL FACILITY AND BUILDING CODE REQUIREMENTS.

The following physical facility r equirements shall be applicable to all massage businesses o r establishments.
(A) (A) All doors to dressing rooms, toilet rooms , and massage therapy rooms or cubicles , rooms, booths, or areas shall open inward and shall be self-closing. Draw drapes, curtain enclosures , or accordion-pleated closures in lieu of doors are acceptable on all inner dressing rooms and massage therapy rooms or cubicles, rooms, booths, or areas. (B) (B) Minimum lighting equivalent to at least one 40-watt light shall be provided in each massage therapy room or cubicle, room, booth, or area.
(C) (C) A massage table shall be used for all massage therapy, with the exception of “Thai”, “Shiatsu ,” “Shiatsu, ” and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs or similar style of garment ’s genitalia and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times. The tables should have a minimum height of 28 inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage business. Massage tables or padded pats used for outcall massage services must be inspected and approved by the City of Menifee Police Department before use.
(D) Massages may be provided to no more than two (2) persons at the same time in the same cubicle, room, booth, or area.
(E) Couple’s massages are subject to the following requirements:
(1) Couple’s massages may only be performed in cubicles, rooms, booths, or areas at least 100 square feet in size.

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8 (2) Two (2) massage therapists must be present at all times in the cubicle, room, booth, or area where couple’s massages are being provided, at a ll times when such massage is provided.
(3) Two (2) massage tables shall be used for all couple’s massage therapy with one patron permitted on each table at one time, with the exception of “Thai,” “Shiatsu,” and similar forms of massage therapy, which may be provided on two (2) separate padded mats on the floor with one (1) patron permitted on each mat at a time. Each patron’s genitalia and any female patron’s breasts below a point immediately above the top of the areola must be fully draped while any employee of the massage business is in the massage therapy cubicle, room, booth, or area with the patron(s). The tables should have a minimum height of 28 inches. Beds, f loor mattresses and waterbeds are not permitted on the premises of the massage business or establishment.
(F) (D) All locker facilities, if any, that are provi ded for the use of patrons shall be fully secured for the protection of the patron’s valuables, and the patron shall be given control of the key or other means of access.
(G) In any massage business which employs two (2) or more massage therapists performing on-site massage simultaneously, separate restroom fac ilities shall be provi ded for each gender in convenient locations. This subdivision shall not be construed to prohibit a person of one sex from engaging in the massage of a person of the other sex. Upon a showing of good cause, the Community Development Director may exempt a massage establishment from the requirement to maintain separate facilities.
(H) (E) The massage business or establishment shall comply with all local and state building standards applicable to other professional and personal services businesses, including, but not limited to, the following provisions in the current California Buildi ng Standards Code:
(1) (1) Have a system of adequate ventilation in accordance with the provisions of the 2010 California Building Code;
(2) (2) Have a supply of hot and cold running water in accordance with the provisions of the 2010 California Building Code;;
(3) Have all plumbing and electrical installations installed under permit and inspection by the building and safety department;
(4) (3) Have a supply of potable drinking water in accordance with the provisions of the 2010 California Building Code;
(5) (4) Provide hand washing fac ilities in accordance with the provisions of the 2010 California Building Code; and
(6) (5) Provide public toilet rooms in accordance with the provisions of th e 2010 California Building Code.

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9 § 5.45.080 5.45.100 HEALTH AND SAFETY REQUIREMENTS.

The following health and safety requirements shall be applicable to all massage businesses or establishments., including in-home massage businesses, unless otherwise stated:
(A) (A) The massage business or establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings , and linens, all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering or linen has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Towels, coverings , and linens shall be laundered either by regular commercial laundering or by a non-commercial laundering process which includes immersion in water at least 140°F for not less than 15 minutes during the washing or rinsing operation. Clean towels, covering s , and linens shall be stored in closed, clean cabinets when not in use.
(B) (B) All massage therapy rooms or cubicles, rooms, booths, and areas, wet and dry heat rooms, toilet rooms, shower compartments , and hot tubs and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day the premises are open , and the facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.
(C) Open flames of any kind (including but not limited to candles) are prohibited in any massage establishment, pursuant to California Fire Code § 308.1, as that section may be amended from time to time.
(D) (C) All liquids, creams , or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents.

When only a portion of a liquid, cream , or other preparation is to be used or made available to a patron, it shall be removed from the container in a way as not to contaminate the remaining portion.
(E) (D) All bathrobes, bathing suits , and other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one (1) patron, or shall be laundered after each use pursuant to division (A) abovethis section. (F) (E) All combs, brushes , and or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one (1) patron, or shall be fully disinfected after each use. (G) (F) No patrons shall be allowed to use any shower facilities of the massage business or establishment unless the patrons are offered slip-resistant sandals or flip-flops slippers while in the shower compartment. All footwear such as sandals o r flip-flops slippers that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one (1) patron, or shall be fully disinfected after each use. (H) No person(s) other than the person(s) receiving a massage and the massage technician shall be within a room in a massage establishment wherein a massage is being given.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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10 (I) (G) The patron’s genitals, pubic area, anus, gluteal fold genitalia and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the massage business or establishment is in the massage therapy room or cubicle , room, booth, or area with the patron. No massage therapy shall be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus, gluteal fold , or areola of a patron at any time before, during, or after a massage.
(J) No owner, massage technician, or other employee of a massage establishment, or any other person shall engage in any form of sexual activity on the property. (K) Massages may not be carried on within any separate cubicle, room, booth, or area within a massage establishment or in connection with a massage business, which is fitted with a door capable of being locked unless the only door is an exterior door, and the massage business is a business entity owned by one individual with one or no employees or independent contractors. A temporary lock may be used to secure a massage cubicle, room, booth, or area within a massage business if no staff is p resent outside of the massage cubicle, room, booth, or area to secure the safety of the massage therapist and client, provided that no lock may be permanently affixed and the locking device must be entirely removed after each massage session and every person in the cubicle, room, booth, or area shall be able to freely exit at all times. (L) Except when there is no staff available to assure security for massage therapy patrons and staff who are behind closed doors, all reception and hallway doors must remain unlocked during business hours. Back or exterior doors other than front doors used solely for employee ingress and egress may be secured as permitted by applicable law, which allow for safety doors which may be opened from the inside when locked, but shall otherwise remain unlocked during business hours. This subdivision (I) shall not apply if the massage business is a business entity owned by one individual with one or no employees or independent contractors.
(M) A list of services available and the price of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in readily understandable language. No massage business owner, operator, manager, or person in charge of, or in control of, the massage business shall permit, and no massage therapist shall offer to perform, any services other than those posted. (N) For each massage service provided, each massage business shall keep a complete and legible written record of:
(1) The date and hour that service was provided;
(2) The service received;
(3) The name or initials of the employee entering the information; and (4) The name of the massage therapist administering the service. (O) All such records referenced in subsection (N) above shall be open to inspection and copying by City personnel. Such records shall not be used by any massage therapist or operator of a massage business for any purpose other than as records of service provided, Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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11 and may not be provided to other parties unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of one year, and shall be immediately available for inspection during business hours. (P) No massage business shall be used for residential purposes. No operator of a massage business shall permit any person to live on the premises of the massage business located in a commercial zone. This prohibition shall not apply in cases in which an out-call massage takes place at a residence or to in-home massages businesses. §

5.45.110 WARNING DEVICES PROHIBITED.

The presence of any device which can be utilized as an early wa rning system, to alert the employees or operator of a massage business to the presence of city personnel, law enforcement, or other local authorities on the premises is prohibited in any massage business. Such prohibited devices include, but are not limited to, light or music dimmers, electronic detection devices, external or internal video equipment, and alarm systems other than those used for fire and/or carbon monoxide alarms.
§

5.45.120 OUT-CALL MASSAGE REQUIREMENTS.
(A) Any massage business must obtain an out-call massage permit prior to performing out- call massage. A copy of the out-call massage permit must be pos ted in the massage business. City personnel may inspect the massage business where the couple’s massage will take place to determine whether the location meets the req uirements of this section and all other requirements imposed by this chapter.
(B) Any out-call massage service must be booked by a massage business and shall not be performed at any location other than the location booked by the massage business. (C) No massage business shall be permitted to operate solely as an outcall massage service. (D) Out-call massage services may comprise no more than forty percent (40%) of the annual proceeds generated by a massage business.
(E) No out-call massage services may be performed at a commercial establishment, other than at the patron’s own place of business.
(F) Unless otherwise provided, the provision of out-call massage requirements shall comply with the provisions of this chapter.
§

5.45.130 COUPLE’S MASSAGE AUTHORIZATION REQUIREMENTS.

All massage businesses must obtain a couple’s massage authorization prior to performing couple’s massage. A copy of the couple’s massage authorization must be posted in the room, cubicle, booth, or area where the couple’s massage is to take place. City personnel may inspect Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 31

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12 the massage business where the couple’s massage will take place to determine whether the location meets the requirements of this section and all other requirements imposed by this chapter.
§

5.45.140 IN-HOME MASSAGE BUSINESS REQUIREMENTS.

All in-home massage businesses must obtain a home occupation permit as well as a massage business license and an in-home massage business authorization prior to operating a massage business from within a residential home. A copy of the in-home massage business authorization must be posted in the room, cubicle, booth, or area where massa g e s a r e t o t a k e p l a c e . C i t y personnel may inspect the in-home massage business where massag es will take place to determine whether the location meets the requirements of this section and all other requirements imposed by this chapter.
§ 5.45.090 § 5.45.150 ATTIRE AND PHYSICAL HYGIENE REQUIREMENTS.

The following attire and physical hygiene requirements shall be applicable to all massage therapists and massage practitioners who are employed or retained by a massage business or establishment or are sole practitioners within the municipal boundaries of the cityCity. (A) (A) All persons shall be clean and wear clean and sanitary outer garments at all times.

All outer garments shall be of a fully opaque, non-transparent material and provide complete covering from at least the mid thigh to two inches below the collarbone.

The midriff may not be exposed.Persons shall not dress, while engaged in the practice of massage, or while visible to clients of a massage establishment, in any of the following:
(1) Attire that is transparent, see-through, sheer, or substantially exposes the certificate holder’s undergarments;
(2) Swim attire, if not providing a water-based massage modality approved by the CMTC;
(3) A manner that exposes the certificate holder’s breasts, buttocks, or genitals; (4) A manner that constitutes a violation of section 314 of the Penal Code; or (5) A manner that is otherwise deemed by the CMTC to constitute unprofessional attire based on the custom and practice of the profession in California. (B) (B) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a patron. No massage therapy shall be provided upon a surface of the skin or scalp of a patron where the skin is inflamed, broken (e.g., abrased, cut) or where a skin infection or eruption is present.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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13 (C) (C) (1) No person afflicted with an infection or parasitic infestation capable of being transmitted to a patron shall knowingly provide massage therapy to a patron, or remain on the premises of a massage business or establishment while so infected or infested.

Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this section. Infections or parasitic infestations capable of being transmitted to a patron include, but are not limited to:
(1) (a) Cold, influenza , or other respiratory illness accompanied by a fever, until 24 hours after resolution of the fever or otherwise as provided by public health officials;
(2) (b) Streptococcal pharyngitis (“strep throat”), until 24 hours after treatment has been initiated and 24 hours after resolution of fever; (3) (c) Purulent conjunctivitis (“pink eye”), until examined by a physician and approved for return to work;
(4) (d) Pertussis (“whooping cough”), until five days of antibiotic therapy has been completed;
(5) (e) Varicella (“chicken pox”), until the sixth day after onset of rash or sooner if all lesions have dried and crusted;
(6) (f) Mumps, until nine (9) days after onset of paratid parotid gland swelling; (7) (g) Tuberculosis, until a physician or local health department authority states that the person is non-infectious;
(8) (h) Impetigo (bacterial skin infection), until 24 hours after treatment has begun;
(9) (i) Pediculosis (head lice), until the morning after first treatment; and (10) (j) Scabies (“crabs”), until after treatment has been completed. §

5.45.160 PROHIBITED ADVERTISING PRACTICES.
(A) It is a violation of this chapter for any person who does not possess a valid and unexpired CMTC certificate, and for any massage business that employs or retains such a person to:
(1) State or advertise or put out any sign, card, or other devise, or to represent to the public through any print or electronic media, that such person is certified, registered, or licensed by a governmental agency as a massage therapist or practitioner; or
(2) Hold oneself out of use of the title of “certified massage therapist” or “certified massage practitioner” or any other term, such as “licensed,” “registered,” or “CMT,” Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
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14 that implies or suggests that the person is the holder of a valid and unexpired CMTC certificate.
(B) No massage business shall place, publish, or distribute, or cause to be placed, published, or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to subdi vision (M) of section 5.45.100 of this chapter, nor shall any massage business employ language in the text of such advertising matter that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter.
(2) Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this division (C). § 5.45.100 § 5.45.170 INSPECTION BY GOVERNMENT OFFICIALS. (A) (A) All massage businesses or establishments, as a condition of their business licenses, shall permit representatives of the cityCity, Riverside County Health Department, Police Department , or Fire Department, to conduct reasonable inspections of all areas during the regular business hours of the massage business o r establishment, for the purpose of verifying CMTC certificates and ensuring compliance with state and local law, including, but not limited to, Cal. Business and Professions Code Ch. 10.5 (commencing with § 4600), city as these sections may be amended from time to time, City zoning requirements, city City building code requirements, the requirements delineated in this chapter or other applicable fire and health and safety requirements. (B) (B) Nothing in this section shall be deemed to prohibit the above-described government officials from pursuing any and all available legal remedies to secure entry into and reasonable inspection of the premises of the massage business or establishment if the entry is refused.
(C) (C) It is a violation of this chapter for the massage business or establishment to prohibit or interfere with the lawful inspection of the premises at any time it is open for business.
§ 5.45.110 § 5.45.180 OWNER AND OPERATOR RESPONSIBILITY; DENIAL, REVOCATION, RESTRICTION OR SUSPENSION OF BUSINESS LICENSE.

The following provisions shall apply to all massage businesses or establishments. (A) (A) For the purpose of enforcement of the requirements of this chapter, all owners and operators of the massage business or establishment shall be responsible for the conduct of all of its employees, agents, independent contractors , or other representatives, while Item Title: 12.2
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15 on the premises of the massage business or establishment or providing massage therapy.
(B) (B) Notwithstanding the provisions of Cal. Business and Professions Code Ch. 10.5 (commencing with § 4600) of Division 2, the city, as that section may be amended from time to time, the City, or its authorized agent, may:
(1) (1) Require the massage business or establishment in its application for a business license, or for the renewal of a business license, to provide information relevant to the activities of the massage business or establishment regulated by this chapter;
(2) (2) Make reasonable investigations into the information provided in t h e application for a business license;
(3) (3) Verify the CMTC certificates of the massage therapists and practitioners employed by the massage business or establishment;
(4) (4) Conduct reasonable safety and health inspections of the massage business or establishment;
(5) (5) Charge a business licensing fee sufficient to cover the costs of the business licensing activities regulated by this chapter; and
(6) (6) Deny, revoke, restrict or suspend a business license for the fo llowing causes:
(a) (a) An employee, agent, independent contractor , or other representative of the massage business or establishment has committed a violation of this chapter or Cal. Business and Professions Code C h . 1 0 . 5 (commencing with § 4600) of Division 2;
(b) (b) The massage business or establishment has provided materially false information in its application for a business license; or (c) (c) Any other reason allowed by law.
(C) Except as otherwise provided by this chapter, no person granted a business license for a massage business shall operate under any name or conduct the business at any location not specific in the license. If the business name, facilities, and/or location is changed, a new business license shall be obtained.
(D) All owners or operators of a massage business shall be present on the premises at all times when the massage business is open for business and is providing massage therapy, unless such owner or operator designated a “designated manager” to oversee the conduct of all employees, agents, independent contractors, or other representatives of the massage business at all times when the massage business is open for business and is providing massage therapy. The name of the designated manager on duty sha ll be posted in a conspicuous public place in the public area of the massage business.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 35

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February 21, 2024
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16 (E) If an application for a massage business license is denied or revoked for failure to comply with any requirements of this chapter or chapter 5.01 of the Menifee Municipal Code, the applicant may not reapply for a massage business license for a period of one (1) year from the date the application was denied.
(F) In the event a massage business license is revoked, no new massage business licens e may be issued at the location where the revoked massage business license previously operated for a period of one (1) year.
(G) In addition to compliance with this chapter, massage businesses must comply with Menifee Municipal Code section 5.01.070 Additional License Requirements for Massages Businesses, which, among other things, prohibits the approval of a conditional use permit for a massage business at a location if a conditional use permi t for that location was previously revoked in the last five years.
§ 5.45.120 § 5.45.190 REMEDIES CUMULATIVE: EACH DAY A SEPARATE OFFENSE.

Any person subject to this chapter who personally, or through an agent, employee, independent contractor , or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued , or permitted by the person. All remedies provided herein shall be cumulative and not exclusive.
§ 5.45.130 5.45.200 PUBLIC NUISANCE.

Any massage establishment or business operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the
city City may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take other steps and shall apply to the court or courts as may have jurisdiction to grant relief as will abate or remove the massage establishments or businesses and restrain and enjoin any person from operating, conducting , or maintaining a massage establishment or business contrary to the provisions of this chapter.
§ 5.45.140 § 5.45.210 CRIMINAL PENALTIES.

Any person subject to this chapter who personally, or through an agent, employee, independent contractor
, or other representative, violates any provision of this chapter c o m m i t s a misdemeanor. Any person convicted of a misdemeanor shall be subject to punishment by fine and or imprisonment to the maximum extent permitted by state law.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 36

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17 § 5.45.150 5.45.220 CIVIL INJUNCTION.

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the cityCity, create a cause for injunctive relief. § 5.45.160 5.45.230 ADMINISTRATIVE FINES AND COSTS.

In addition to the remedies set forth above, any person subject to this chapter who personally, or through an agent, employee independent contractor or other representative, violates any provision of this chapter may be administratively cited. § 5.45.170 5.45.240 AUTHORIZATION TO VERIFY.

By engaging in the practice of massage therapy within the borders of the cityCity, and applying for a business license or renewal of a business license, each massage business or establishment endorses the provisions of this chapter, agrees to cooperate wi th the city City regarding the provisions and provides authorization for the cityCity, its agents and employees, and the county, its agents and employees, to verify all information requested in the massage business’ or establishment’s business business’s license application or renewal and to engage in reasonable investigations associated with the city’s City’s effort to enforce the provisions of this chapter. The activities may include, but are not limited to, requesting appropriate information from the State Massage Therapy Council.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 37

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February 21, 2024
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COMMUNITYDISCUSSION
Discussion of proposed changes to
Chapter 5 of Title 5 of the Menifee
Municipal Code related to the
regulation of Massage Establishments.

The City is considering a Repeal and Replacement
of its City Ordinance pertaining to massage
establishments.

Due to the potential for unlawful activity that
impacts surrounding neighborhoods and the
potential for human trafficking to occur in
massage establishments, the Menifee Police
Department is proposing to enhance the current
"Massage Ordinance" in place.

Through conducted research and investigations,
the Police Department believes the
recommended changes are fair to the massage
profession as well as to the needs of the City.

Since July 2020, the Menifee Police Department
has investigated five massage businesses within
the city and all five investigations resulted in
prostitution arrests or evidence of prostitution
occurring at the locations.

Some of the proposed changes will affect
business hours, require all services to be listed
publicly, regulate certain types of advertising, and
clarify language regarding a massage therapist's
attire.

The proposed changes would impact existing
massage establishments and any new massage
establishment in the future.

MEETING INFORMATION
November 14, 2023
5:00 PM
Menifee Police Department
29714 Haun Road
Menifee, CA 92586
QUESTIONS?
Questions or comments about
the proposed regulations are
welcomed by phone or email to:

EMAIL : [email protected]
PHONE : 951-723-1509
This community meeting is for anyone interested in learning more about the proposed changes including current/future establishment owners, property owners, landlords, therapists, etc.

Item Title: 12.2
Ordinance Introduction for the Repeal and Replacement of Chapter 5.45 of Title 5 Related to the Regulation of Massage Establishments
Item Page Number: 38

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CITY OF MENIFEE
SUBJECT: Southern Gateway Specific Plan Ad Hoc Subcommittee MEETING DATE: February 21, 2024
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst II
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Establish and appoint two Councilmembers to a City Council Ad Hoc Subcommittee for the Southern Gateway Specific Plan project in keeping with City Council Policy No. 2.

DISCUSSION
In alignment with the Strategic Plan, the City of Menifee has initiated the preparation of a Specific Plan for the Economic Development Corridor – Southern Gateway (EDC-SG) to create a new framework for maximizing the area’s potential as an innovation district. The Southern Gateway Specific Plan would embody an illustrated vision for the area to be developed through robust public outreach, collaboration with key stakeholders, and transparent community engagement.

On December 6, 2023, the City Council approved the Professional Services Agreement with Rick Engineering Company for this project, and a kick-off meeting was held on January 9, 2024.

Staff is requesting the formation of an Ad Hoc Subcommittee consisting of two City Council members to review and provide input in the Specific Plan development process during the course of the next 18-24 months. Meetings are anticipated to be held quarterly, or as needed throughout the work effort.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

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

Item Title: 12.3
Southern Gateway Specific Plan Ad Hoc Subcommittee
Item Page Number: 1

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February 21, 2024
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City of Menifee Staff Report
Southern Gateway SP Ad Hoc Subcommittee
February 21, 2024