Menifee Zoning Code Ch. 9.25 Land Use and Development Approval Requirements

Contents:

9.25.010 Purpose

9.25.020 Requirements for Development and New Land Uses

9.25.030 Consistency with the General Plan

9.25.040 Substantial Conformance Determination

9.25.050 Additional Approvals May Be Required

9.25.060 Inspections

The purpose of this chapter is to establish the general requirements of this Title for the review and approval of proposed development and new land uses in the City.

Except as otherwise provided in this Title, all uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements:

1. Allowed Uses. The use of land shall be consistent with the allowed use regulations as follows:

2. Permanent uses. Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) lists the allowed uses and permit requirements for various land uses in each of the City’s base zones and overlay zones.

3. Temporary uses. Temporary uses must comply with the requirements of Chapter 9.105 (Temporary Uses).

4. Permit and Approval Requirements.

5. No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated until the permit or approval is finally granted and all required conditions of the permit or approval have been completed.

6. No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval.

7. Development Standards. All uses and structures must comply with the development standards described in this Title. In addition:

8. No structure shall be erected, maintained, converted, reconstructed, or structurally altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zone in which the structure or land is located.

9. No structure shall be erected, maintained, reconstructed, or structurally altered to exceed the height or envelope or setback limit for the zone in which the structure is located, unless specifically approved in accordance with the provisions of this Title.

10. No lot area shall be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this Title, unless specifically approved in accordance with the provisions of this Title.

11. Every structure shall be located on a lot as defined by this Title.

12. Conditions of Approval. The use of land and the construction of structures authorized by permits or approvals granted by the City in accordance with the procedures provided by this Title shall comply with any applicable conditions of approval imposed by the designated approving authority in granting the permit or approval, including any permit or approval that was granted prior to the effective date of this Title or any amendments thereto.

13. Legal Parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with Title 7 (Subdivisions) and the Subdivision Map Act as determined by the City Engineer. Legal nonconforming parcels may be used or developed in compliance with Chapter 9.15 (Nonconforming Uses and Structures).

No use of land or buildings for which an application or approval is required pursuant to this Title is to be approved for processing under this Title unless it is consistent with the General Plan. In the event of any conflict between this Title and the General Plan, the General Plan shall prevail. In the event that this Title becomes inconsistent with the General Plan by reason of an amendment there to or an element thereof, this Title shall be amended within a reasonable time so that it is consistent with the General Plan as amended. A proposed use is consistent with the General Plan when all of the following conditions exist:

1. The proposed use is in conformance with the programs and standards of the General Plan.
2. The proposed use is to be established and maintained in a manner that is consistent with the General Plan and all applicable standards contained therein.

1. The Community Development Director may approve minor changes to a previously approved permit at the administrative level if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare.

2. A substantial conformance determination may include:

3. Structural additions to non-residential projects of less than 200 square feet. Square footage shall be the aggregate of all proposed structures.

4. Structural additions or alterations to existing residential projects that add no additional units.

5. Changes to parking and circulation configurations which do not change the basic parking areas or circulation concept or reduce the number of parking spaces.

6. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping.

7. Non-substantial changes to building configurations or layouts.

8. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original architectural form and theme of an existing building.

9. Other requests similar to the above-listed changes, as determined by the Director.

10. No notice of decision is required for determinations of substantial conformance.

The establishment, operation, construction or development of uses, properties and structures shall be subject to all permitting and licensing requirements imposed by other sections of this Municipal Code or applicable local, state or federal laws. All applicable permits, licenses or other approvals including, without limitation, use, building, grading or other construction permits and business licenses shall be obtained prior to the start of work or operations. This specifically includes building, grading or other construction permits and business licenses, and permits or approvals of the responsible public agencies and service districts. Nothing in this Title eliminates the need for obtaining any other permits required by the City or any permit, approval, or entitlement required by the regulations of any county, regional, special district, state, or federal agency.

City officials are authorized to perform inspections related to permit issuance and other approvals made in accordance with this Title as follows:

1. Pre-approval Inspections. Every applicant seeking a permit or any other approval in compliance with this Title shall allow the City officials handling the application access to any premises or property that is the subject of the application. Reasonable notice shall be provided in advance of a pre-approval inspection by the City.
2. Post-approval Inspections. If the permit or other action in compliance with this Title is approved, the owner or applicant shall allow authorized City officials access to the premises in order to determine compliance with the approved permit and/or any conditions of approval imposed on the permit or approval action.