Menifee Zoning Code Ch. 9.115 Zone Change/Zoning Code Amendment

Contents:

9.115.010 Purpose

9.115.020 Applicability

9.115.030 Application and Required Fees

9.115.040 Approving Authority

9.115.050 Public Hearing and Notice

9.115.060 Alterations

9.115.070 Findings for Approval

9.115.080 Notice of Decision

9.115.090 Effective Date

9.115.100 Appeals

9.115.110 Expiration

9.115.120 Extension of Time

9.115.130 Modifications

9.115.140 Prezoning

This chapter establishes procedures for the review of changes to the Zoning Map and this Title, including amendments to or deletions from the text and/or exhibits of this Title.

A Zone Change or Zoning Code Amendment is required for any amendment to a provision of this Title, including the adoption of new regulations or deletion of existing regulations, or any rezone or change of the zone on the Zoning Map for any parcel(s).

1. Application Filing and Processing. Applications for a Zone Change or Zoning Code Amendment shall be filed and processed in accordance with 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 Zone Change or Zoning Code Amendment shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:

1. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Zone Change or a Zoning Code Amendment.
2. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, alter, or deny an application for a Zone Change or a Zoning Code Amendment.

The Planning Commission shall hold a public hearing to make a recommendation on an application for a Zone Change or Zoning Code Amendment. The Planning Commission’s recommendation shall be forwarded to the City Council, in accordance with Subsection 2.20.140.C of the Menifee Municipal Code. The City Council shall hold a public hearing prior to taking action on an application for a Zone Change or Zoning Code Amendment. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

In approving an application for a Zone Change or Zoning Code Amendment, the City Council may make alterations to the proposal to ensure that the approval will comply with the required findings. Any substantial alteration made to the proposed Zone Change or Zoning Code Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation in accordance with Section 9.30.090.F (Approving Authority).

Prior to approving an application for a Zone Change or Zoning Code Amendment, the approving authority shall make all the following findings, which shall be made by ordinance:

1. The proposed zone or amendments to this Title is consistent with the intent of the goals and policies of the General Plan.
2. The proposed zone or amendments to this Title prescribes reasonable controls and standards to ensure compatibility with other established uses.
3. The proposed zone or amendments to this Title provides reasonable property development rights while protecting environmentally sensitive land uses and species.
4. The proposed zone or amendments to this Title ensures protection of the general health, safety and welfare of the community.

Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Zone Changes and Zoning Code Amendments shall become effective on the 31st day following the date of approval.

Actions taken by the City Council on an application for Zone Change or Zoning Code Amendment are final and are not subject to appeal.

Approved Zone Changes and approved Zoning Code Amendments do not expire.

No extensions of time are necessary as an approved Zone Change or an approved Zoning Code Amendment do not expire.

Any modifications affecting an approved Zone Change or an approved Zoning Code Amendment shall be handled as a new application.

1. Purpose. The purpose of prezoning is to establish the zone for unincorporated property within the sphere of influence, prior to annexation.
2. Review Process. The method of accomplishing prezoning shall be the same as for a Zone Change.
3. Effective Date. Such prezoning shall become effective at the time annexation becomes effective.