Menifee Zoning Code Ch. 9.70 Minor Exception

Contents:

9.70.010 Purpose

9.70.020 Applicability

9.70.030 Application and Required Fees

9.70.040 Approving Authority

9.70.050 Public Hearing and Notice

9.70.060 Conditions of Approval

9.70.070 Findings for Approval

9.70.080 Notice of Decision

9.70.090 Effective Date

9.70.100 Appeals

9.70.110 Expiration

9.70.120 Extension of Time

9.70.130 Modifications

Exceptions to development standards may be necessary to allow creative design solutions and to accommodate unique site conditions. The minor exception process allows minor deviations from certain requirements of this Title to be approved at the administrative level to provide relief from the unintended consequences of the strict application of development standards.

A Minor Exception may be applied to the following development standards in any zone to the maximum reduction or increase as specified. Minor Exceptions do not apply to land use or density and shall not waive or modify a specific prohibition or procedural requirement.

1. Reduce required setbacks to a maximum exception of 10 percent.
2. Increase building height to a maximum exception of 10 percent.
3. Increase lot coverage to a maximum of 10 percent or up to 1,000 square feet, whichever is less.
4. Increase fence, wall and screen (height only) to a maximum of 10 percent.
5. Reduce off-street parking requirements (excluding stall and aisle dimensions) to a maximum of 10 percent.
6. Increase sign height to a maximum of 10 percent or 12 inches, whichever is less.
7. Increase sign letter height to a maximum of 10 percent.
8. Increase sign area to a maximum of 10 percent.
9. Location of an accessory dwelling unit to the front of a primary dwelling unit.
10. Minor exceptions as determined by the Director that provide relief of no more than 10 percent from the identified standard and meet the intent and purpose of this Title.

1. Application Filing and Processing. Applications for a Minor Exception shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Minor Exception shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Minor Exception.

No public hearing is required prior to taking action on an application for a Minor Exception.

In approving an application for a Minor Exception, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Minor Exception, the approving authority shall make all the following findings:

1. The proposed development is compatible with existing and proposed land uses in the surrounding area.
2. Any exceptions to or deviations from the requirements or development standards result in the creation of appropriate and necessary project design solutions that would not be available through adherence to otherwise required provision of this Title provisions.
3. Granting the minor exception will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the project.
4. The proposed development is consistent with the purposes of the General Plan or any applicable specific plan or development agreement.

Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the permit.
4. The deadlines, criteria and fees for filing an appeal.

Minor Exceptions shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on an application for a Minor Exception are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Minor Exceptions shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

The expiration date of a Minor Exception may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Any modifications affecting an approved Minor Exception shall be handled as a new application.