Menifee Zoning Code Ch. 9.40 Conditional Use Permit

Contents:

9.40.010 Purpose

9.40.020 Applicability

9.40.030 Application and Required Fees

9.40.040 Approving Authority

9.40.050 Public Hearing and Notice

9.40.060 Conditions of Approval

9.40.070 Findings for Approval

9.40.080 Notice of Decision

9.40.090 Effective Date

9.40.100 Appeals

9.40.110 Expiration

9.40.120 Extension of Time

9.40.130 Modifications

This chapter establishes procedures for the administrative review and approval of certain conditionally permitted uses that are considered minor in nature allowing the City to confirm compliance with all applicable local standards, ordinances, and other applicable plans and policies and maintain the discretion to apply additional discretionary conditions of approval, as needed, to ensure that uses are designed, located and operated in a manner that is compatible with uses on adjacent and nearby properties. This chapter also establishes procedures for the review and approval of certain conditionally permitted uses that may be considered to have a potentially greater impact on surrounding properties and require additional review. Such conditional uses typically have operating characteristics requiring special consideration, which may necessitate discretionary conditions of approval to ensure that uses are designed, located and operated in a manner that is compatible with uses on adjacent and nearby properties.

1. Minor Conditional Use Permit Required. A Minor Conditional Use Permit is required prior to establishment of any conditional use as indicated with a “C” on the allowed use tables contained in Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) and meeting any of the following criteria, except as specifically exempted by Section 9.40.020.C:

2. When the conditional use involves an existing building.

3. When the conditional use is processed concurrently with a Minor Plot Plan.

4. Other conditional uses as may be determined by the Community Development Director.

5. Uses specifically requiring a Minor Conditional Use Permit as required by this Title.

6. Major Conditional Use Permit Required. A Major Conditional Use Permit is required prior to establishment of any conditional use as indicated with a “C” on the allowed use tables contained in Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) and meeting any of the following criteria, except as specifically exempted by this chapter:

7. When the conditional use is processed concurrently with a Major Plot Plan.

8. Other conditional uses as may be determined by the Community Development Director.

9. Uses specifically requiring a Major Conditional Use Permit as required by this Title.

10. Exemptions. Uses specifically exempt from the requirements for obtaining a Minor Conditional use Permit or a Major Conditional Use Permit in accordance with this Title.

1. Application Filing and Processing. Applications for a Minor Conditional Use Permit or a Major Conditional Use Permit 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).
3. Additional Applications May Be Required. When a conditional use is proposed in association with the physical development of a property as permitted by this chapter, a separate application for a Minor Plot Plan or Major Plot Plan, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Subsection 9.30.090.C (Multiple Entitlements).

1. Minor Conditional Use Permit. Applications for a Minor Conditional Use Permit 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 applications for a Minor Conditional Use Permit.

2. Major Conditional Use Permit. Applications for a Major Conditional Use Permit 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:

3. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Major Conditional Use Permit.

4. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Major Conditional Use Permit.

1. Minor Conditional Use Permit. No public hearing is required prior to action on an application for a Minor Conditional Use Permit.
2. Major Conditional Use Permit. The Planning Commission shall hold a public hearing prior to taking action on an application for a Major Conditional Use Permit. 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 Minor Conditional Use Permit or Major Conditional Use Permit, the approving authority may impose conditions of approval 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. Conditions may include, but shall not be limited to:

1. Requirements for special building setbacks, open spaces, buffers, fences, walls and screening.
2. Requirements for installation and maintenance of landscaping and erosion control measures.
3. Requirements for street and other infrastructure improvements and related dedications.
4. Regulation of vehicular ingress, egress, and traffic circulation.
5. Regulation of hours of operation or other characteristics of operation.
6. Requirements for security.
7. Requirements for periodic review.
8. Requirements for special building design and features to enhance aesthetics and integrate the use into the community.
9. Other conditions as may be deemed necessary to make the findings required by this chapter.

Prior to approving an application for a Minor Conditional Use Permit or a Major Conditional Use Permit, the approving authority shall make all the following findings:

1. The proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable specific plan.
2. The proposed design and location of the conditional use meets all applicable standards of development and operation of this Title, including any applicable specific use regulations.
3. That the proposed site is adequate in size and shape to accommodate the conditional use in a manner that is compatible with existing and planned uses in the vicinity.
4. That the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity.

1. Minor Conditional Use Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

2. The application request as acted upon by the Director.

3. The action taken by the Director.

4. Findings as listed for the permit.

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

6. Major Conditional Use Permit. Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Minor Conditional Use Permits and Major Conditional Use Permits 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.

Minor Conditional Use Permits and Major Conditional Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals).

Minor Conditional Use Permits and Major Conditional Use Permits shall expire three years 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).

Minor Conditional Use Permits and Major Conditional Use Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

1. An applicant may request a modification to an approved Minor Conditional Use Permit or an approved Major Conditional Use Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits).
2. Modifications to an approved Minor Conditional Use Permit or an approved Major Conditional Use Permit may be requested independent from and shall not require modification to, any associated permits or approvals for the same property.