2010-73 Levels of Plng auth ORDINANCE NO. 2010-73
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE AMENDING
RIVERSIDE COUNTY ORDINANCES NOS. 348 AND 460 TO REVISE THE LEVELS OF CITY
AUTHORITY TO APPROVE DEVELOPMENT PROJECTS, REPEALING ORDINANCE No.
348 Sections 18.26 (d), 18.26(f), 18.26(g), 18.43, and Title XIXa and ORDINANCE No. 460,
Sections 1.3, 6.5, 6.6.and 6.7 and ADDING CHAPTER 9.1 TO THE MENIFEE MUNICIPAL
CODE TO PROVIDE THE PROCEDURE FOR PROCESSING PERMIT APPLICATIONS
The City Council of the City of Menifee does ordain as follows:
Section 1. Findinns.
The City Council finds as follows:
(a) Upon incorporation, the City was required to adopt County Land Use Ordinance
No. 348 and Subdivision Ordinance No. 460 (along with other County ordinances) and has
continued to use those ordinances as the City developed its own procedures.
(b) The City now has its own Planning Commission, staff and planning procedures
which are more appropriate for the City than those developed for a large County.
(c) The City Council wishes to revise such procedures while keeping in place the
zoning provisions of adopted County ordinances at least until completion of the City's General
Plan.
Section 2. Amendment/Repeal of County Ordinances.
Notwithstanding any other provisions of Ordinances 348 or 460, or of any other County
ordinances adopted by the City, the process for processing and action on applications for
permits, entitlements or other matters under such ordinances shall be that set out in this
ordinance and Chapter 9.1 of the Menifee Municipal Code and conflicting provisions of County
ordinances are repealed and shall be of no force and effect. All County ordinances adopted by
the City shall be read and interpreted to be consistent with the provisions of the City Code and
ordinances and with their administration by the City. This ordinance does not amend existing
City ordinances or the processes set out therein.
(a) As used in County Ordinances No. 348, No. 460 and any other County
ordinances adopted by City, "Planning Director" shall mean "Community Development Director"
or his or her designee.
(b) County Ordinance No. 348, Section 18.26 is repealed in its entirety.
(c) County Ordinance No. 348, Section 18.43 regarding "substantial
conformance/compliance is amended to apply only to commercial wind energy conversion.
Matters for which substantial conformance/compliance was utilized instead shall require an
amended permit which utilizes the same process as an original permit as set out under Chapter
9.1.
(d) County Ordinance No. 460 Section 1.3 hereby is repealed and all references to
the "Land Development Committee" are deleted.
(e) County Ordinance No. 460, Sections 6.5, 6.6, 6.7 hereby are repealed.
City of Menifee Ordinance No. 2009-73
Planning Approval Process
Section 3. Additional Appeal Provisions:
Section 2.20.150(e) of the Menifee Municipal is added to read as follows:
Any Planning Commissioner or City Council member may appeal a project according to
the procedures and within the time frames set out here without payment of the appeal fee.
Section 4. Adoption of Permit Application and Processing Procedures:
Menifee Municipal Code Chapter 9.1 is adopted to read as follows:
Chapter 9.1
Permit Application and Processing
Section 9.1.010 Permit Applications
Section 9.1.020 Notice of Hearing
Section 9.1.030 Conduct of Hearing
Section 9.1.040 Community Development Director Actions
Section 9.1.050 Planning Commission Actions
Section 9.1.060 City Council Actions
9.1.010 Permit Applications:
The following procedures shall apply to applications for any permit or variance described in
Ordinance No. 348 unless otherwise provided in this Code, Ordinance No. 348 or Ordinance
No. 460, as those may be amended from time to time. The provisions hereof may be utilized for
applications under Ordinance 460 as determined to be appropriate by the Director of Public
Works.
(a) Permit Applications shall be filed with the Planning Department accompanied
by the fees adopted by the City Council depending upon the type of permit requested. The
application shall meet the requirements of this Code and/or Ordinance 348, 460 or other County
Ordinances adopted by the City. The Community Development Director shall determine
whether the application is complete and notify the applicant of any additional materials required.
Once the application has been determined to be complete, the Community Development
Director shall process the application as set out in Riverside County Ordinance No. 348 or 460,
as amended by this Code and from time to time.
(b) Any reference to a "Director's Hearing" in Ordinance No. 348 is eliminated;
instead, such items shall be processed as set out in this Section/Chapter.
(c) If the application is one which must be set for hearing before the Planning
Commission or City Council, no such hearing shall be set until the application meets all
applicable requirements (including but not limited to payment of fees), CEQA review has been
completed, and there are no outstanding code violations on the property that is the subject of
the application.
(d) When there are multiple types of approvals associated with or for an
application/permit or project, all such approvals shall be heard by the highest level decision-
maker for any of those approvals. For example, where a project includes a change of zone, all
approvals for that project shall be heard by the City Council.
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City of Menifee Ordinance No.2009-73
Planning Approval Process
9.1.020 Notice of hearing: Notice of any hearing shall be given as required by
Govt. Code Sections 65090 and/or 65091 as follows:
(a) A brief description of the application, its location, the hearing body, CEQA status
and the date, time and place of the hearing shall be delivered by all of the following methods:
(1) Publication once in a newspaper of general circulation within the City;
(2) Mailing to the owner of the property which is the subject of the applicant
or his/her authorized agent and to the applicant;
(3) Mailing or delivering to each local agency expected to provide water,
sewer, streets, roads, schools or other essential facilities or services to
the projects whose ability to provide such facilities and services may be
significantly affected;
(4) Mailing or delivering to all owners of real property which is located within
300 feet of the exterior boundaries of the property as such owners are
shown on the last equalized assessment roll or known to the City OR to
25 property owners within a radius of up to one mile around the project,
as determined by the Community Development Director.
(5) Mailing by first class mail to any person who has filed a written request for
special notice;
(6) If the number of owners to whom notice would be mailed or delivered is
greater than 1,000, notice instead may be provided by placing a display
advertisement of at least 1/3rd page in at least one newspaper of general
circulation in the City at least 10 days prior to the hearing.
(7) For a proposed conversion of residential property to a condominium,
community apartment or stock cooperative project, such notice shall be
given by 15` class mail to each tenant of the property, including time and
place of the hearing and notice of the tenants' rights to appear and to be
heard.
(b) Additional notice may be required by the Community Development Director,
Planning Commission or City Council.
(c) Failure to receive notice of a hearing shall not invalidate any action taken.
9.1.030 Conduct of the hearing:
The Planning Commission or City Council shall consider written comments and hear relevant
testimony from any interested persons and may require that witnesses be sworn. Decisions
shall be made, given, delivered and appealed as set out in Chapter 2.20 of this Code.
9.1.040 Actions by Community Development Director:
The Community Development Director may take final action on the following types of
applications/permit/ projects, including, but not limited to documentation of CEQA exemption.
Such final action shall be taken without notice or hearing except where notice otherwise is
required . The decision of the Community Development Director is subject to appeal as set
forth below.
Notwithstanding, the Community Development Director may refer any project to the Planning
Commission and shall refer any project to the Planning Commission if it is not
exempt from CEQA:
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City of Menifee Ordinance No.2009-73
Planning Approval Process
(a) Accessory buildings as provided in this Code.
(b) Certificates of Compliance.
(c) Conditional Use Permits, minor and extension of minor CUPs.
(d) Crowing fowl permit with notice as provided in Ordinance No. 348, Section
19.28b;
(e) Final site plans of development
(f) Guest houses as provided in Chapter 9.2 of this Code.
(g) Kennels for 5 to 10 canines
(h) Landscaping, Lighting, Shading and Irrigation Plans.
(i) Large family day care homes
Q) Lot Line Adjustments.
(k) Lot Mergers.
(1) Model homes complexes; temporary sales trailers.
(m) Outdoor advertising (signage)
(n) Plot plans, minor (including commercial and industrial minor plot plans);
(o) Project where otherwise authorized by state law or similar projects exempt from
CEQA.
(p) Sales Trailers, temporary
(q) Second unit permit (including mobile or manufactured homes)
(r) Setbacks, minor (up to the level of a variance).
(s) Subdivision maps, minor changes.
(t) Substantial conformance of commercial wind energy conversion system permits
(u) Temporary use permits, minor, as set out in Chapter 9.6 of this Code
(v) Temporary sales trailers
(w) Time extensions for maps, CUP's and plot plans originally approved the City.
(x) Unit phasing maps without any offsite improvements.
9.1.050 Planning Commission Actions.
Except as otherwise provided, the Planning Commission will be the final decision-maker for the
following applications/permits/projects, with notice and hearing required as set out in Section
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City of Menifee Ordinance No. 2009-73
Planning Approval Process
9.1.030 or as otherwise required. When the Planning Commission makes the final decision
regarding the project, the Planning Commission is authorized to approve/adopt the appropriate
document(s) under CEQA.
(a) Accessory buildings as provided in this Code
(b) Any matter referred to the Planning Commission by the Community Development
Director or by the City Council.
(c) Catteries of 10 to 25 felines (maximum).
(d) Commercial wind energy conversion system permits
(e) Conditional Use Permits, major and extensions of major CUPs; fast track
commercial and industrial.
(f) Hazardous waste facilities sites.
(g) Kennels for more than 10 canines
(h) Outdoor advertising display (billboard)
(i) Parcel maps and amendments
0) Plot plan, major or site development plan
(k) Public Use permits
(1) Similar projects not exempt from CEQA or as provided by state law
(m) Temporary Use Permits, Major as set out in this Code
(n) Time extensions for maps and plot plans originally approved by County
(o) Unit/map phasing with any offsite improvements
(p) Variances (whether or not associated with a land use or permit application)
9.1.060 City Council Actions.
The City Council shall be the final decision maker for the following projects after advisory review
by the Planning Commission
(a) Final Maps (ministerial).
(b) General plan and amendment.
(c) Reversion to Acreage.
(d) Specific plan and amendment (including planned unit development).
(e) Surface Mining Permits.
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City of Menifee Ordinance No. 2009-73
Planning Approval Process
(g) Tentative tract maps and amendment revisions or minor changes
(h) Vesting tentative maps
(i) Zoning ordinances and all approvals accompanied by a change of zone
Q) Similar projects not exempt from CEQA or as provided by state law.
Section 5. Effective Date.
This ordinance shall be effective 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED THIS 18'" day of May, 2010.
Wallace W. Edgerton, M or
ATTEST:
i&zij
Kathy Bennett, City Clerk
Approved as to form:
Karen Feld, City Attorney
6
ENIFE \I
Wallace W. Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
John V.Denver
Councilmember
Darcy Kuenzi
Councilmember STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Scott A.Mann CITY OF MENIFEE j
Councilmember
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2010-73 was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Menifee on the 4`h day of
May, 2010, and that thereafter, said Ordinance was duly adopted by the City
Council of the City of Menifee at a meeting thereof held on the 18`h day of May,
2010 by the following vote:
Ayes: Denver, Edgerton, Kuenzi, Mann and Twyman
Noes: None
Absent: None
Abstain: None
L U1't�
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityof men ifee.us