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2009-45 Pre-Application Review Procedure ORDINANCE NO. 2009-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE ADDING CHAPTER 9.5 TO THE MENIFEE MUNICIPAL CODE TO ESTABLISH A CITY PRE- APPLICATION REVIEW PROCEDURE (PAR) AND REPEALING RIVERSIDE COUNTY ORDINANCE NO. 752, AS AMENDED The City Council of the city of Menifee does ordain as follows: Section 1. Chapter 9.5 is added to the Menifee Municipal Code to read as follows: Chapter 9.5 Pre-Application Review Procedure (PAR) Section 9.5.010 Purpose 9.5.020 Application 9.5.030 Development Review Committee 9.5.040 PAR Letter 9.5.010 Purpose. The purpose of the PAR is to advise prospective applicants of current City standards and requirements; to assess whether a proposal is consistent with such standards before the applicant has expended large sums of money; make applicants familiar with requirements and thus potentially shorten the processing time for applications; and encourage designs which are sensitive to the City's environmental and development priorities. The PAR is an optional process which is not required of an applicant. The PAR letter is NOT a development entitlement in any way. 9.5.020 Application. A PAR application shall be made in writing to the Community Development Director on forms provided for that purpose. All applications must be accompanied by the filing fee set by Resolution of the City Council. The amount and detail of information submitted with the application varies with the complexity of the project. The following is the minimum information required. The Community Development Director may require additional information before the application is complete. (a) Current contact information for the applicant. (b) Current contact information for the developer (c) Location of development and APN (d) Current zoning and general plan designation (if known) (e) Type of development proposed (f) Any current entitlements; types of entitlements requested City of Menifee Ordinance No. 2009-45 (g) Proposed timing - (h) Proposed environmental review (i) Physical characteristics of the property; acreage, boundary lines and appropriate maps and exhibits which show proximity to streets (private or public), circulation and access; a contour map may be requested (j) Existing dwellings or other structures (k) Current services: water, sewer, (1) Proximity to schools (m)Is the property in a. MSHCP criteria cell b. Specific plan c. Policy area d. Agricultural preserve e. Airport influence area f. Fault zone g. FEMA Flood plain status Any contamination h. High fire area i. Similar areas (n) If applicable, proposed lot lines and dimensions, setbacks, pad elevations, street grades, etc. (o) Additional requirements may apply to condominiums, mobile/manufactured home parks or recreational vehicle park 9.5.030 Development Review Committee. (a) The Development Review Committee (DRC) shall consist of representatives from Planning, Engineering (including Flood Control), Building and Safety, Public Works, Police, Fire and a City Manager's representative. The Community Development Director may request that other representatives attend as necessary. The Community Development Director shall chair the DRC. The Committee is not subject to the Brown Act and the public may not attend such meetings unless the applicant and DRC consent in advance in writing. (b) Once the Community Development Director has .determined that the PAR application is complete, she shall provide copies of the application to the members of the Development Review Committee (DRC) and place the application on the schedule for review by the DRC not more than 30 days after the application has been provided to the DRC members. (c) At the DRC meeting, there shall be a representative from the applicant who is able to answer questions as well as representatives from each DRC member. If a DRC member representative cannot attend, the Community Development Director shall have written comments from member and be authorized to speak on its behalf. (d) At the DRC, the applicant shall be prepared to discuss the proposal in detail and to identify any major issues that may arise. If at the end of the DRC some issues have not 2 City of Menifee Ordinance No. 2009-45 been resolved, those issues will be identified and additional information requested. The DRC may be continued from time to time. 9.5.040 PAR Letter. The PAR letter shall be the result of the DRC meeting and shall contain the DRC's comments on the development proposal but in no way shall be considered as approval of the proposal and shall not bind the approving body or prevent staff or such body from requiring additional information or studies or making additional recommendations. The PAR letter shall be valid for two (2) years from its date, unless a shorter period is specified in the letter. Substantial changes to the proposal, other changed conditions, changed local codes or policies or changed federal or state laws or regulations shall invalidate the PAR letter and necessitate a new PAR process. The content of the letter will vary depending upon the type of proposal, but general will contain the following information: (a) The applications which must be filed to process the proposal and timing requirements therefore, including but not limited to general plan amendments, specific plans or amendments, changes of zone, tract maps, parcel maps, plot plans or CUP's. (b) Special studies and their timing requirements, including those required by CEQA, including but not limited to fiscal impact, service and infrastructure impact, private debt burden, biological, archeological, paleontological, geological, flood, traffic, slip stability, noise, air quality. (c) Special plans and their timing requirements, including but not limited to conceptual grading plans, detailed grading plans, storm water pollution prevention plans, dust control plans and area development plans. (d) Current process, development impact and maintenance fees for the project, including but not limited to application and process fees; mitigation fees (such as signal or drainage); special district formations and fees (road and bridge benefit district, ULMD's); TUMF, MSHCP, K-rat, DIF. (e) Environmental issues associated with the proposal, including the possible need for an EIR subject to the EA. (f) Design considerations, including but not limited to internal drainage, off site drainage, density limitations; (g) Changes necessary before staff can recommend approval and any concerns not resolved or a statement that the project will not be recommended as approved. (h) Applicable code provisions, including the findings required for approval. 3 City of Menifee Ordinance No. 2009-45 Section 2. This ordinance shall be effective 30 days from the date of its adoption. PASSED, APPROVED AND ADOPTED this day of , 2009, by the following vote: AYES: &rw-Lk, &4�-t10 NOES: nO�JU ABSENTV�-k— ABSTAIN: fVu-, Wallace W. Edgerton, Mayor ATTEST: 0 Kathy Bennett, City Clerk Approved as to form: Elizabeth Martyn, City Attorney 4