Menifee Municipal Code Ch. 16.03 The Approval Process

(A) Investigation. During the economic development incentive program application period, the city shall investigate the applicant and request reasonable additional information and data from the applicant necessary for review and evaluation of the proposed development. Applicants are required to provide such additional information or data as reasonably requested in a timely manner. If confidential information is provided regarding the applicant's business practices, it shall remain confidential to the extent permissible by law.

(B) Discretionary awards. The granting of economic development incentives purely discretionary by city and no applicant shall have any entitlement or vested right thereto. Accordingly, it is the responsibility of the applicant to provide a high quality project, to the highest degree possible, to meet the objectives of this chapter. Only information available to the public may be used to justify any decision hereunder.

(Ord. 2013-130, passed 8-21-2013)

The City Council may approve the economic development incentive program if it finds as follows.

(A) The project will meet the conditions of § 16.02.010 by doing one or more of the following:

(1) Alleviating persist conditions of blight; or

(2) Provide significant area-wide infrastructure; or

(3) Meet the job creation objectives; or

(4) Create a significant positive fiscal impact on city; or

(5) If no one of these conditions is fully met, but in combination, the overall objectives are met.

(B) The project will produce public or private facilities for the community and which would be significant to the community character and quality of life.

(C) The project has received all other discretionary entitlements required under the zoning ordinance, including any environmental review required by the California Environmental Quality Act.

(D) The economic incentive agreement contains provisions to assure the continued operation for an identified amount of time consistent with this title and providing for the enforcement of the covenants contained therein by city.

(Ord. 2013-130, passed 8-21-2013)

If the economic development incentive program is approved, an economic development incentive agreement shall be entered into which includes the elements contained in § 16.01.030. The agreement must describe specifically the project and the exact assistance provided. It must identify how the project is anticipated to meet the criteria in § 16.02.010. It must also provide for periodic review of performance and provide remedies for violations of the covenants and conditions. The agreement shall permit transfer subject to the city's reasonable approval and provide for city approval of any tenants necessary to achieve the purpose of the project. The agreement shall show the public purposes of the project will be achieved.

(Ord. 2013-130, passed 8-21-2013)