Prior to approval of the tentative map and conditional use permit, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given in accordance with Cal. Gov’t Code § 65090 and Menifee Development Code § 9.35.080 (Public Hearing and Notice). A copy of any staff report shall be served by the developer on each tenant of the subject property at least three days prior to the hearing, either by personal service or by posting the report on the front door of the unit and mailing it to the tenant. The Planning Commission shall not approve a tentative map for conversion of apartment units unless the Planning Commission finds that:
(A) All provisions of this chapter are met.
(B) The proposed conversion is consistent with the goals, objectives, policies, general land uses, and programs specified in the Menifee General Plan, including the Housing Element, and with any applicable specific plan.
(C) The proposed conversion will conform to the Menifee Municipal Code in effect at the time of tentative map and development plan approval, except as otherwise provided in this chapter.
(D) The overall design, physical condition, and amenities of the condominium conversion are consistent with those associated with condominium developments throughout the city and such elements achieve a high degree of appearance, quality, and safety.
(E) The proposed project will not convert, during the current calendar year, more than 5% of the potentially convertible rental units in Menifee for the current calendar year, except as otherwise provided in this chapter.
(F) There is no evidence in the public hearing record to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion.
(G) There is no evidence in the public hearing record to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)