Menifee Zoning Code Ch. 9.30 Common Application Processing Procedures

Contents:

9.30.010 Purpose and Applicability

9.30.020 Applications and Fees

9.30.030 Pre-Application Review

9.30.040 Initiation of Application

9.30.050 Withdrawal of Application

9.30.060 Determination of Completeness

9.30.070 Application Review and Report

9.30.080 Public Hearing and Notice

9.30.090 Approving Authority

9.30.100 Appeals

9.30.110 Permit Time Limits, Expiration, and Extensions

9.30.120 Modifications to Previously Approved Permits

9.30.130 Reapplications

9.30.140 Indemnification and Hold Harmless for Permits and Approvals

The purpose of this chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits and other approvals. These common procedures apply to all permits and approvals described in this Title, unless stated otherwise.

1. All applications for a permit or approval, as identified in this Title, must be submitted in writing to the Community Development Department on a completed City application designated for the specific request.
2. Minimum submittal requirements shall be established by the Community Development Director and are listed on the application checklist. Additional information specific to the permit or approval and necessary for the complete analysis of an application may be required by the Director. All required material, information and fees shall be provided by the applicant before the application is accepted for processing.
3. No application shall be considered complete for acceptance and processing until the required application fees are paid in full. Applications initiated by the City shall not require an application fee.

1. Purpose. The purpose of the pre-application review is to advise prospective applicants of current City standards and requirements, to assess whether a proposal is consistent with such standards before the applicant expends large sums of money, inform applicants of applicable requirements and thus potentially shorten the processing time for applications, and encourage designs which are sensitive to the City's environmental and development priorities.
2. Applicability. The pre-application review process is optional and is not required prior to submittal of a formal application. A prospective applicant may request a pre-application review for any potential project.
3. Request. A pre-application review request shall be made in writing to the Community Development Director on forms provided for that purpose. All requests must be accompanied by the applicable filing fee.
4. Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the "Act"). An application that is undergoing pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 9.30.060 (Determination of Completeness). Requests for pre-application review shall not constitute submission and receipt by the City of a development application.
5. Recommendations are Advisory. Neither the pre-application review nor the provision of information shall be construed as a recommendation for approval or denial of the potential development proposal by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City. During the formal review of applications, additional information, applications, etc., may be required.

Applications may be initiated by any interested party, the Community Development Director, Planning Commission or City Council, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following:

1. Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers.
2. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.

1. Request. The Director may withdraw any application upon written request by the applicant or authorized agent representative prior to the final determination on the application.
2. Notice of Withdrawal. The Director shall mail a notice of withdrawal to the applicant within three business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with the Chapter.
3. Fees Partially Refunded. Partial refunds of permit fees collected by the City may be granted, at the discretion of the Community Development Director only if, prior to staff making a determination or recommendation on the application, the applicant submits a written request to withdraw the application.

1. Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory period of 30 days, established by state law for determining completeness (California Government Code Section 65943 [Permit Streamlining Act]), shall begin the day the application is accepted by the Community Development Department.

2. Initial Determination. Within 30 days of application acceptance, the Director shall determine whether the application is complete. The Director shall notify the applicant in writing that one of the determinations has been made:

3. Complete Application. All submittal requirements have been satisfied and the application has been deemed complete.

4. Incomplete Application. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted application is not in compliance with City development standards and application requirements.

5. Determination on Resubmittal. Within 30 days of acceptance of information submitted in response to a determination of incomplete application, the Director shall determine whether the application is complete. The Director shall notify the applicant in writing that one of the determinations has been made:

6. Complete Application. All submittal requirements have been satisfied and the application has been deemed complete.

7. Incomplete Application. Specific information is still necessary to complete the application. The letter shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application.

8. Right to Appeal. The applicant may appeal the determination in accordance with Section 9.30.100 (Appeals) and California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than 60 days after receipt of the applicant’s written appeal.

1. After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA).

2. The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans.

3. Reports for an application shall be prepared and disseminated as follows:

4. For applications decided at the administrative level, the Director will prepare a report, including a decision to approve, conditionally approve, alter, or deny the application.

5. For applications to be heard by the Planning Commission and/or City Council, the Director will prepare a report to the recommending authority, if applicable, and designated approving authority describing the project and may include a recommendation to approve, conditionally approve, alter, or deny the application. The report shall be provided to the applicant prior to consideration of the application, but no later than three business days prior to the hearing. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.

6. Time Limit for Decision.

7. The City shall comply with the following timelines for providing written documentation to an applicant if it determines that a proposed housing development project as described in Government Code Section 65589.5 is inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. Such written documentation shall identify the provision or provisions, and an explanation of the reason or reasons for the determination. Written documentation shall be provided as follows:

8. Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units.

9. Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units.

10. If the City fails to provide the required documentation pursuant to Subsection 9.30.070.D.1 the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.

1. Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.

2. Notice of Public Hearing.

3. Content. The notice of public hearing shall include the following information:

4. Date, time and place of hearing.

5. Identification of the reviewing or approving authority.

6. Location of project.

7. Project description.

8. CEQA determination statement, if applicable.

9. Statement related to appeals and challenges, if applicable.

10. Information on the availability and location of staff reports and public review materials.

11. Delivery. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manners listed below.

12. Notice of public hearing shall be published in at least one newspaper of general circulation in the City.

13. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application or to 25 property owners within a radius of up to one mile around the project, whichever is greater, as determined by the Community Development Director, using for this purpose the last known name and address of such owners as shown on the last equalized assessment roll or those names and addresses known to the City. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of a mailed notice, provide notice by placing a notice of at least 1/3 page in one newspaper of general circulation within the City.

14. Notice of the public hearing shall be mailed to the owner of the subject real property or the owner’s authorized agent, to the project applicant, and to each local agency expected to provide water, sewerage, streets, roads, schools or other essential facilities or services to the proposed project and whose ability to provide such facilities or services may be significantly affected.

15. Notice of the public hearing shall be posted at City Hall.

16. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.

17. Notice of the public hearing shall be posted on the property, which is the subject of the proposed development. Posted notices shall be informational signs measuring four feet by four feet in size. The number and location of the posted notices shall be as follows:

18. For properties five acres or less in size, one sign per improved street frontage shall be posted on site.

19. For properties greater than five acres in size, two signs per improved street frontage shall be posted on site.

20. For properties that are unusually shaped or within a unique location, the Director may determine the location(s) for posted notices or require additional noticing of the proposed project.

21. For projects that may change or intensify the existing use or zoning, the Director may require supplemental and/or larger posted notices.

22. Notice of the public hearing shall be posted at other locations designated by the City Council.

23. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the City shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

24. For a proposed conversion of residential property to a condominium, community Apartment or stock cooperative project, such notice shall be given by first class mail to each tenant of the property, including time and place of the hearing and notice of the tenants' rights to appear and to be heard.

25. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.

26. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for recovering the cost of such notification.

27. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for with the notice was given.

28. Hearing Procedure. Hearings as provided for in this chapter shall be held in accordance with the provisions of Section 2.04.020 (Council Meetings; Rules of Order and Decorum), Section 2.20.120 (Conduct of Planning Commission Hearings) and the following provisions. In the event of a conflict between the provisions of Title 2 and this section, the provisions of Title 2 shall apply.

29. Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons.

30. Any hearing may be continued to a certain date, time, and place with no additional notice required. The continuance may occur either before the item is heard (if no one is present to testify or all those present consent to the continuance) or after testimony has been taken and before the completion of the hearing.

31. If the hearing is not continued to a date, time, or place certain, the hearing shall be re-noticed.

32. Time Limit for Decision. Within 35 days after the conclusion of a public hearing, a decision on the matter shall be rendered by the approving authority. The failure to render such a decision shall be deemed to constitute a denial.

33. Notice of Decision. Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification. Notices of decision are not required for actions of a recommending body. The notice of decision shall be provided as follows:

34. Planning Commission Determination. In addition to the provisions of Section 2.20.130 (Planning Commission Decisions and Findings), a written notice of decision shall be mailed within 3 business days of the date of decision and shall include:

35. The application request as acted upon by the Planning Commission.

36. Any conditions of approval or other requirements applied to the decision.

37. The action taken by the Planning Commission.

38. The deadlines, criteria and fees for filing an appeal.

39. City Council Determination. The provisions of Section 2.20.170 (City Council Decision and Findings) shall apply.

1. Recommending Authority. The recommending authority as designated in Table 9.30.090-1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.
2. Approving Authority. The approving authority as designated in Table 9.30.090-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Director and his/her designee will make non-discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 9.30.100 (Appeals).

Table 9.30.090-1: Designated Authority for Permits and Approvals

3. Multiple Entitlements. When a proposed project requires more than one permit or approval with more than one approving authority all project permits and approvals shall be processed concurrently and final action shall be taken by the highest-level designated authority for all such requested permits and approvals.
4. Referral to the Planning Commission. At any point in the review process, the Director may transfer approving authority to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Planning Commission shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). A referral to the Planning Commission is not an appeal and requires no appeal application or fee.
5. Referral to the City Council. At any point during the Planning Commission hearing, the Planning Commission may, by simple majority, transfer approving authority to the City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the City Council shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). A referral to the City Council is not an appeal and requires no appeal application or fee.
6. City Council Referral back to Planning Commission. The City Council may refer any matter (including, but not limited to, those appealed to it) back to the Planning Commission in accordance with the provisions of Section 2.20.160 (City Council Referral Back to Planning Commission).

(2022-338, 04/06/2022; 2024-384, 02/07/2024; 2025-417, 07/16/2025)

Effective on: 8/16/2025

1. Appeal Authority. Any discretionary action of the Director or Planning Commission made pursuant to this Title may be appealed to the designated appeal authority listed in Table 9.30.100-1 (Appeal Authority). Non-discretionary decisions by the Director may not be appealed. Actions taken by the Planning Commission in exercise of its appeal authority may be further appealed to the City Council. Decisions by the City Council are final and may not be appealed.

Table 9.30.100-1: Appeal Authority

2. Appeal Procedures. The provisions of Section 2.20.150 (Appeal Procedures) shall apply.

1. Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section.

2. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s), as determined by the Director. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Following are the criteria for determining if a permit has been exercised and therefore would not expire:

3. A building permit is issued, construction commenced on the primary building on site.

4. A certificate of occupancy is issued for the use or structure.

5. The site is occupied in accordance with the approved permit.

6. The site is occupied in accordance with an approved phase of a phased development and development has been diligently pursued for future phases of an approved permit.

7. An extension of time is approved in accordance with Subsection 9.30.110.C (Permit Extensions), if applicable.

8. Permit Extensions.

9. Extensions of Time. The approval of an extension may extend the expiration date for the following time periods from the original permit or entitlement expiration date:

10. Up to three years for ministerial and discretionary actions, subject to the findings of Subsection 9.30.110.C.4.a.

11. Up to ten years for plot plans permitting commercial and/or industrial uses, subject to the findings of Subsection 9.30.110.C.4.b.

12. Process. Extension of time requests for projects shall be considered if submitted in writing to the Community Development Director at least 30 days prior to the expiration date of the permit or approval, along with the appropriate fees. The Community Development Director shall be the approving authority for extension requests, except for extension requests pursuant to Subsection 9.30.110.C.1.b, in which case the Planning Commission shall be the approving authority for such extension requests.

13. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved, unless the permit has vesting rights.

14. Permit Extension Findings.

15. The extension may be granted only when the designated approving authority finds the following:

16. The original permit findings can still be made or there has been diligent pursuit to exercise the permit or approval that warrants such extension.

17. There have been no significant changes in the General Plan, this Title or applicable Municipal Code requirements, or character of the area within which the project is located that would cause the approved project to become out of compliance with applicable policies and regulations and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

18. The extension of plot plans for commercial and/or industrial uses beyond three years from the date of original approval may be granted only when the designated approving authority finds the following:

19. That for reasons beyond its control, the applicant was not able to commence construction pursuant to the plot plan with the original approval period.

20. The applicant has provided substantial evidence to demonstrate that it will be able to complete construction pursuant to the plot plan within the proposed period of extension.

21. The applicant has demonstrated that the proposed project will provide positive economic development benefits to the City.

22. There have been no significant changes in the General Plan, this Title or applicable Municipal Code requirements, or character of the area within which the project is located that would cause the approved project to become out of compliance with applicable policies and regulations and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

23. Permit Expiration.

24. Multiple Entitlements. Notwithstanding the expiration specified for individual permit and approval types, when an approved project had more than one permit or approval processed concurrently in accordance with Subsection 9.30.090.C (Multiple Entitlements) all permit expiration dates shall be consistent. The longest permit expiration date shall apply.

25. Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit shall expire.

26. Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

1. Applicability. Any person holding a permit granted under this Title may request a modification to that permit. For the purpose of this section, the modification of a previously approved permit may include amendment of the terms of the permit itself, amendment to project design, or the waiver or alteration of conditions imposed in the granting of the permit.

2. Request for Modification. An applicant may request a modification to a permit after the effective date of the permit. An application shall be made on forms provided by the Community Development Department and shall be accompanied by the applicable fee.

3. Review Process. A modification may be granted only when the designated approving authority makes all findings required for the original approval. The designated approving authority for a modification to a previously approved permit shall be determined as follows:

4. Minor Modification. Minor modifications to a previously approved permit shall be processed as follows:

5. Applicability. A minor modification is a non-substantive change of a previously approved permit. Minor modifications include:

6. Structural additions to non-residential projects of more than 200 square feet and less than 2,500 square feet or 50 percent of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures.

7. Structural additions or alterations to existing residential projects that add no more than six units.

8. Expansion of existing parking lots that add less than 25 parking spaces on an existing site.

9. Modifications to parking and circulation configurations which change the basic parking areas or circulation patterns or which reduce the number of parking spaces.

10. Landscape modifications which alter the general concept or reduce the effective amount of landscaping.

11. Architectural or exterior material or color changes which change the basic form and theme of an existing building, such as, change the location of windows or doors, or conflict with the original architectural form and theme of an existing building.

12. Adjustments to the standards of development established through an approved Planned Development.

13. Other requests similar to the above-listed minor amendments, as determined by the Director.

14. Review Process. The Director is the designated approval authority for minor modifications. No public hearing shall be required. A written notice of decision shall be issued in the same manner as the original permit. Minor modifications of discretionary permits may be appealed.

15. Major Modifications. Major modifications to a previously approved permit shall be processed as follows:

16. Applicability. A major modification is a substantive change of a previously approved permit. Major modifications include:

17. Structural additions to non-residential projects of equal to or greater than 2,500 square feet or 50% of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures.

18. Structural additions or alterations to existing residential projects that add more than six units.

19. Expansion of existing parking lots that add 25 parking spaces or more on any existing site.

20. A modification in the approved access to the project site.

21. Changes in the allowed uses established for an approved Planned Development.

22. Other requests similar to the above-listed major amendments, as determined by the Director.

23. Review Process*.* The Planning Commission shall be the designated approving authority for major modifications. Where entitlements were processed concurrently, the designated approving authority shall be the specified approving authority in accordance with Table 9.30.090-1 (Designated Authority for Permits and Approvals) for the permit or approval subject to the request for major modification. A major modification shall be processed in the same manner and subject to the same standards as the original application. Major modifications of discretionary permits may be appealed.

24. Permit Expiration. Granting of a modification to a previously approved permit does not extend the permit expiration date. A permit extension must be reviewed and approved in accordance with the provisions of Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

(2022-351, 09/21/2022)

Effective on: 10/21/2022

1. Applicability. An application shall not be accepted or acted upon if within the past one year the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist:

2. New Evidence. There is new evidence that would support approving the project that was not presented during consideration of the application or at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

3. Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous determination that affects the applicant’s real property.

4. Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.

1. Applicability. At the time of submitting an application for a land use permit or approval all applicants requesting such an approval agree, as a part of the required application, to defend, indemnify and hold harmless the City from any claim, action or proceeding brought to attack, set aside, void or annul any subsequent approval by the City which is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the City, costs of suit, attorneys’ fees and other costs and expenses incurred in connection with any such claim, action or proceeding. In addition, an indemnification agreement may be required as a condition of approval for the project.
2. Notification. In the event that a claim, action or proceeding referenced in Subsection 9.40.100.A is brought, the City shall promptly notify the applicant thereof.