2008-03 Establishing an Interim Planning Commission ORDINANCE NO. 2008-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
ESTABLISHING AN INTERIM PLANNING COMMISSION AND APPOINTING THE CITY
COUNCIL MEMBERS AS THE INTERIM PLANNING COMMISSION; APPOINTING THE CITY
MANAGER OR HIS DESIGNEE AS THE PLANNING DIRECTOR, ZONING ADMINISTRATOR
AND CODE ENFORCEMENT ADMINISTRATOR; AND CONFIRMING THAT THE CITY
COUNCIL MEMBERS WILL ACT AS THE APPEALS BODY FOR ANY PLANNING, ZONING
OR CODE ENFORCEMENT APPEALS
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The City Council of the City of Menifee finds as follows:
(a) Section 65100 of the California Government Code requires the legislative body of
each city to determine a planning agency to carry out the purposes of the Government Code
Title 7, Planning and Land Use.
(b) Prior to incorporation, the Planning Agency for this area was the Riverside
County Planning Commission and the County's Planning Director and Zoning Administrator had
the authority to issue certain ministerial land use approvals and permits;
(c) It is the intent of the City to establish and appoint a separate planning advisory
body in the future as well as to hire planning staff.
(d) It is necessary for the efficient operation of the affairs of the City that the City
Council establish an Interim Planning Commission immediately.
(e) The Riverside County ordinances also provide for certain decisions to be made
by the Planning Director, Zoning Administrator and Code Enforcement Administrator as well as
for certain ministerial approvals or permits to be granted by a zoning administrator;
(f) It is important for the City to make such decisions locally consistent with
designation of the City Council as the Interim Planning Commission.
(g) It is also important that any and all appeals of land use, zoning or code
enforcement matters come to the City Council.
SECTION 2. INTERIM PLANNING COMMISSION.
An Interim Planning Commission for the City is hereby established. The members of the
City Council shall serve as members of the Interim Planning Commission. They shall perform
the planning agency functions described in Government Code Section 65100, and shall fulfill the
functions delegated to the Planning Commission for the County of Riverside under the relevant
ordinances and resolutions, which the City has adopted as required upon incorporation.
SECTION 2. INTERIM PLANNING DIRECTOR.
The City Manager or his designee shall perform the functions of the Riverside County
Planning Director as such functions have been assigned or delegated to the Riverside County
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Planning Director by the relevant County of Riverside ordinances and resolutions, which the City
has adopted upon incorporation as required, as well as the applicable provisions of law.
SECTION 3. INTERIM ZONING ADMINISTRATOR.
The City Manager or his designee shall perform the functions of the Riverside County
Zoning Administrator and Code Enforcement Administrator as such functions have been
assigned or delegated to the Zoning Administrator by the relevant County of Riverside
ordinances or resolutions, which the City has adopted upon incorporation as required, as well as
by any provisions of applicable law.
SECTION 4. APPEALS BOARD(S).
The City Council or its designee(s) shall perform the functions of any and all planning,
zoning or code enforcement appeals board created by the relevant County of Riverside
ordinances and resolutions, which the City has adopted by reference as required by law.
SECTION 4. RELATION TO COUNTY ORDINANCE
The provisions of this Ordinance are intended to confirm the provisions of City
Ordinance No. 2008-01 as to how to interpret County ordinances. Notwithstanding, if necessary
to achieve the actions contemplated by this ordinance, this Ordinance shall be interpreted to
supersede any provisions of the ordinance of the County of Riverside which cover the same
matters as in this Ordinance and which are in effect pursuant to City Ordinance No. 2008-1.
SECTION 5. SEVERABILITY
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, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE: URGENCY
The City of Menifee is newly incorporated and it comprises territory formerly
unincorporated. It is necessary that this ordinance take effect immediately in order to provide a
Municipal Code having a scheme of classification for the grouping of ordinances as they are
adopted, and to provide a basic administrative framework of rules and regulations under which
the fundamental operations of the newly established municipal government can be conducted.
Therefore, the City Council finds that this ordinance is necessary for the immediate preservation
of the public peace, health, and safety, and declares that it shall take effect immediately upon its
adoption as an urgency ordinance.
SECTION 6.
The City Clerk shall certify the adoption of this Ordinance and shall cause the same to
be posted as required by law.
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PASSED, APPROVED AND ADOPTED this 1st day of October, 2008, by 4/5th vote as
follows: I J J
Ayes �'���►-�)I �CC
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Noes:
. `;1I, K�u
Absent:
Abstain:
Wallace W. Edgerton, Mayor
Attest:
,r
Ka by bennett, City Clerk
Approved as to form:
Elizabeth Marlyn, Interim City Attorney
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