Murrieta City Council
September 15, 2026

REDLINE

ORDINANCE NO. 26-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, TO AMEND THE MURRIETA MUNICIPAL CODE (TITLES 8 AND 15), CHAPTERS 8.20, 15.52, AND TO AMEND MURRIETA
DEVELOPMENT CODE (TITLE 16) FOR THE PURPOSE OF REVISING AND UPDATING CHAPTERS 16.08, 16.14, 16.18, 16.22, 16.24, 16.28, AND TO ADD NEW SECTIONS 16.24.080, ENTITLED “EXCEPTIONS”, 16.24.090, ENTITLED “RESERVED”, AND 16.24.100, ENTITLED “HILLSIDE

OVERLAY MAP

Summary: This Ordinance updates the City’s existing hillside regulations to promote and guide the orderly development of hillside areas through standards, which are specifically designed to address the unique challenges of such terrain. These updated regulations include, but are not limited to, provisions related to the measurement of building height on a slope with new graphics, clarification of applicability of a hillside area, the basis for a slope determination, when a hillside development permit is required, undeveloped and developed review criteria and applicability, updated definitions, hillside application materials, review procedures, slope grading techniques, the placement and height of retaining walls in hillside areas, site access, aesthetic and landscape treatments, exceptions to a permit, and incorporation of new hillside overlay into the municipal code.

WHEREAS, the City of Murrieta (“City”) proposes an amendment to the City's Development Code for the purpose of revising and updating Chapters 8.20 and 15.52 (“Municipal Code Amendment”); and

WHEREAS, updates are provided to modify Chapters 8.20 and 15.52 of the Murrieta Municipal Code for the purposes of clarifying property maintenance and vegetation requirements, including revegetation of sloped areas following catastrophic events such as wildfires or landslides to reduce erosion, and update the grading regulations to reference the City's definition of a “Hillside Area” contained in the Murrieta Development Code.

WHEREAS, the City of Murrieta (“City”) proposes an amendment to the City's Development Code for the purpose of revising and updating Chapters 16.08, 16.14, 16.18, 16.22,

16.24, and 16.28 (“Development Code Amendment”); and

WHEREAS, with an effective date of December 18th, 1997, the City Council, after extensive public input, adopted Ordinance No. 182-97, which is generally known as the City of Murrieta Development Code, which contained provisions for hillside development regulations; and

WHEREAS, the purpose of this Ordinance is to promote and encourage the orderly development of hillside areas of the City by the application of regulations and requirements established to meet the particular problems associated with the development of hillside areas, Ordinance No. 26-___

including, but not limited to clarification of where hillside areas apply and related review processes, slope grading techniques, placement and height of structures, retaining walls, access, and atheistic treatments; and

WHEREAS, it was discovered by public input and verified by staff that these provisions are being applied Citywide, whereas the original intention was for these provisions to be applied to properties within the designated Hillside Overlay; and

WHEREAS, DCA-2021-2396 includes updates in order to provide consistency and eliminate errors within the sections of the City's Development Code as identified for hillside areas and related development criteria; and

WHEREAS, on March 29, 2022, the City Council directed staff to review the hillside development standards and explained to staff that they were never meant to apply on a citywide basis; and

WHEREAS, on December 14th, 2022, the City held a first public workshop. This item was continued from that meeting and re-noticed for the January 25, 2023, meeting. No report or presentation was provided; and

WHEREAS, on January 25th, 2023, the City held a second public workshop at its Planning Commission meeting to provide and receive input from local residents and the Commission concerning hillside development standards in the City. Areas that were covered were inclusive of existing and proposed Hillside Overlay applicability, height allowances for structures, height measurement criteria, hillside slope applicability, average slope calculation, Prominent Ridgeline Overlay, and retaining wall criteria. The other items presented by staff were potential techniques to improve the readability of the existing Murrieta Municipal Code (MMC), examples of graphic exhibits that could be incorporated, highlights of areas to resolve code inconsistencies, ways to incorporate best practices, and suggestions from staff on how to simplify the standards to make them more user-friendly to both staff and applicants; and

WHEREAS, on April 11th, 2023, staff hosted a presentation on the existing and proposed hillside standards. Staff held the workshop to obtain additional feedback from the community on the proposed hillside development standards. This additional outreach was conducted per direction from the prior Planning Commission for further community input and to provide transparency. Areas that were covered were inclusive of existing and proposed Hillside Overlay applicability, height allowances for structures, height measurement criteria, hillside slope applicability, average slope calculation, Prominent Ridgeline Overlay, and retaining wall criteria. There was time provided for questions/answers at the end of the presentation for feedback on the proposed updates from the public; and

WHEREAS, on June 28th, 2023, the City of Murrieta Planning Commission held a duly noticed public hearing on the proposed Development Code Amendment, at which the staff report was presented as well as written comments from the public regarding the need for the proposed code amendment and providing evidence in the record to support the findings required by the Murrieta Development Code Section 16.58.080; and
Ordinance No. 26-___

WHEREAS, on August 15, 2023, the City Council hosted its first workshop on this item.

The City Council requested additional information. Council members and staff discussed key standards for retaining wall heights, specifically discussing a 6-foot baseline and the balance between aesthetic landscaping and mandatory fire safety fuel modification zones. The session aimed to replace subjective guidelines with objective criteria for building on slopes, ensuring that new developments preserve the city’s visual ridgelines while providing a clearer, more predictable path for project approvals. The workshop was continued to a future meeting date; and

WHEREAS, on March 5, 2024, the City Council hosted a second workshop on this item.

The discussion centered on a potential review process for retaining walls, clarifying building height measurements on sloped terrain, and ensuring the "Hillside Overlay" maps accurately reflect local topography to avoid unnecessary burdens on flat-land homeowners. Crucially, the Council worked to harmonize aesthetic screening requirements with mandatory state fire safety and fuel modification mandates, prioritizing the protection of prominent ridgelines while ensuring the code aligns with current California law. Due to additional time needed for the discussion and feedback, the workshop was continued for a second time; and

WHEREAS, on June 17, 2025, the City Council hosted a third workshop on this item. The direction/feedback from the Council was that detailed examples of standards from other localities and more of them were needed in order to assist the Council with moving forward; and

WHEREAS, on October 21, 2025, the City Council held its fourth workshop on this item. The discussion centered on the following areas, where the Council reached consensus on key Focus Topics with the Applicability of Standards; Identifying The City’s Hillside Areas: 20 Percent Slope Versus 25 Percent; 25 Percent Slope Criteria; Specific Plans; and the use of Geographic Info. Systems (GIS) And Average Slope Formula; and

WHEREAS, on November 18, 2025, the City Council conducted its fifth workshop on this item, during which several key policy directions and considerations were identified, including, but not limited to, the following: that updates to retaining wall regulations should be addressed on a citywide basis rather than limited to Hillside Areas; that standards should provide both flexibility through defined options and sufficient specificity, particularly with respect to retaining wall design; that retaining wall design standards should be implemented citywide; that color palettes for retaining walls should generally consist of muted tones, with specific shades or blends established in advance to ensure a consistent and desirable aesthetic; that earthtone colors may be appropriate for hillside structures; that retaining walls exceeding six feet in height may, in certain circumstances, be excessive on a citywide basis; that tiered retaining walls incorporating landscaping are a preferred design feature; that Keystone-style walls with integrated landscaping are also desirable; that landscaping is a priority consideration for the Council, including the establishment of larger plant sizes earlier in the development process; that additional clarification from the Fire Department is necessary regarding planting requirements within Fuel Modification Plans; and that distinctions between rural residential and tract home front-yard setbacks should be more clearly defined; and,

Ordinance No. 26-___

WHEREAS, on February 3, 2026, the City Council held its sixth and final workshop on the topic. The Murrieta City Council discussed key topics, including retaining walls, landscaping standards, fire severity zones, distinctions between developed and undeveloped properties, and the relationship between hillside and citywide standards. Public input raised concerns about the visual and regulatory impacts of retaining walls, tree removal credits, definitions of undisturbed land, conditions of approval, and broader issues such as Senate Bill 9 and insurance implications.

Following that discussion, the Council reached consensus to provide direction on specific retaining wall types (including geogrid, CMU, and keystone walls) for hillside areas, suggested requiring earlier installation of larger landscaping, and that a separate ordinance was needed on a city-wide basis as it relates to retaining walls, along with direction to staff that the definitions of developed and undeveloped land for hillside areas need to be clearly defined.

WHEREAS, on May 13, 2026, following public testimony and deliberation regarding various components of the proposed hillside regulations, the Planning Commission continued consideration of the item to allow staff additional time to refine the definitions of developed (disturbed) and undeveloped (undisturbed) hillside areas, which have since been incorporated into the draft Ordinance; and staff further incorporated stakeholder-recommended revisions, including replacing the term "encourage" with "reasonably consider" in Section 16.24.010 (Purpose) and clarifying the methodology for rounding slope percentages when determining whether a property constitutes a hillside condition under the Ordinance; and,

WHEREAS, on July 8, 2026, the Planning Commission continued its consideration of the proposed hillside regulations, with particular discussion focused on the distinction between developed/disturbed and undeveloped/undisturbed hillside areas. This issue had been a key topic of discussion at the May 13, 2026, hearing and was among the primary reasons the item was continued to allow staff additional time to evaluate and refine the proposed standards. Following the staff presentation, Commission deliberation, and public testimony, the Planning Commission concluded its review of the proposed Hillside Development Code amendments. The Commission voted to recommend that the City Council authorize the associated environmental determination and approval of the Development Code Amendment; thereby, advancing the proposed amendments to the City Council for final consideration.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and incorporated herein.

SECTION 2. Section 8.20.030.P.5.b. (Declaration of Nuisance) of the Murrieta Municipal Code is hereby amended to read as follows:

8.20.030 Declaration of Nuisance.
...

P. To maintain any property or structure in such a manner as to cause or allow the property or structure to become defective, unsightly or in such other condition of deterioration or disrepair as the same may cause substantial depreciation of the property values of, or similar Ordinance No. 26-___

detriment to surrounding properties, as well as an adverse effect on the health, safety, and welfare of the citizens of the city. This includes but is not limited to any of the following:
...

5. Property which is not in compliance with the following minimum standard requirements:
...

b. In all zones, trees, shrubs, lawns, landscaping, and other plantings shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs and cutting of lawns, in conformity with the surrounding vicinity. Property shall also comply with the weed abatement standards in Chapter 8.32 of this code; and, in any case, abate dead, decayed, diseased, overgrown or hazardous trees, weeds and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values shall be abated. Following a catastrophic event causing a loss of vegetation (i.e. wildfire, landslide, etc.), all impacted sloped areas of a subject parcel shall be revegetated to prevent further erosion pursuant to Section 16.28.080 (Landscaping Standards).

SECTION 3. Section 15.52.020 (Definitions) of the Murrieta Municipal Code is hereby amended to read as follows:

15.52.020 Definitions.
…

“Hillside Area,” Refer to the definition for this term under Section 16.24.030.

“Hillside site,” means a site where the existing grade is twenty percent (20%) or greater and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse affect on adjacent property.

…

SECTION 4. Section 16.08.020 (Residential Districts General Development Standards), Table 16.08-03 (Residential (Single-Family) Zones General Development Standards) of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“
TABLE 16.08-3

RESIDENTIAL (SINGLE-FAMILY) ZONES

GENERAL DEVELOPMENT STANDARDS
Development
Feature
RR ER-1 ER-2 ER-3 SF-1 SF-2(3)
Minimum
Parcel Size

2.5 acres(2)

1.0 acres

0.5 acres(1)
10,000
sq. ft.
7,200 sq.
ft.
4,350 sq. ft.

Ordinance No. 26-___

Density Range 0.1 - 0.4
dus/acre

0.4 - 1.0
dus/acre

1.0 - 2.0
dus/acre

2.0 - 3.0
dus/acre

2.1 - 5.0
dus/acre

5.1 - 10.0
dus/acre
Minimum
Parcel Width
100 feet 100 feet 100 feet 70 feet 70 feet 55 feet, 45 feet for parcels less than 5,000
square feet. This parcel
width shall be increased
to a 50 foot width for
every fifth lot on a non-
cul-d e-
sac parcel street
frontage.

Minimum
Livable Area
1,000
sq. ft.
1,000
sq. ft.
1,000
sq. ft.
1,000
sq. ft.
1,000 sq.
ft.
1,000 sq. ft.

Setbacks
Front 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
Interior 20 feet 20 feet 20 feet 10 feet 10 feet 7.5 feet per side.

For parcels less than
5,000 sq. ft. =
A minimum of an
average of 12 feet
overall for the
combination on of both
interior sides with no
side setback of less than
5 feet.

Street Side 20 feet 20 feet 20 feet 20 feet 20 feet 10 feet Rear 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
Accessory
Structures
Consistent with Section 16.44.150
Maximum
Parcel
Coverage
25% 25% 35% 35% 35% for
two- story;
45% for
single story
50%
Maximum
Building Height
40 feet(4) 40 feet(4) 40 feet(4) 35 feet(4) 35 feet(4) 35 feet(4) Minimum On-
site
Landscaping
25% of front yard area
Small Attached
Unit
Configuration
Refer to Section 16.16.020 “Planned Residential Development General Standards” for development standards and project review and 16.16.030 “Planned Residential Development Design Standards and Parameters.”
Notes:
(1) A forty (40) foot wide buffer shall be provided along Washington Avenue (from Guava to Elm Street) in the public right-of-way. Landscaping to include six-foot high block wall, pedestrian trails and/or sidewalk, and landscaping berms to act as natural buffers. New residential projects will be Ordinance No. 26-___

allowed to access from Washington Avenue with residential lots abutting Washington Avenue are prohibited from taking direct access from Washington Avenue. (2) The minimum parcel area for properties zoned RR can include adjacent area to the centerline of the public street right-of-way.
(3) For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements.
(4) For structures located within a Hillside Area, see the maximum height criteria as provided within Section 16.24 (Hillside Development) and applicability. “
SECTION 5. Section 16.08.020 (Residential Districts General Development Standards), Table

16.08-04 (Residential (Multi-Family) Zones General Development Standards) of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“
TABLE 16.08-4

RESIDENTIAL (MULTI-FAMILY) ZONES

GENERAL DEVELOPMENT STANDARDS
Development Feature MF-1(5) MF-2 MF-3 MF-4
Minimum Parcel Size 5 acres 5 acres 5 acres 5 acres Minimum Parcel Width 100 feet 100 feet 100 feet 100 feet Density Range 10.1 - 15
du/acre

15.1 - 18.0
du/acre

18.1-29.0 du-
acre
Min. 30
du/acre
Minimum Livable Area 500 sq. ft. 500 sq. ft. 500 sq. ft. 500 sq. ft.

Setbacks
Street 10 feet 10 feet 10 feet 10 feet
Interior 10 feet 10 feet 10 feet 10 feet
Maximum Parcel Coverage 35% 35% 50% None
Maximum Height Limit 50 feet 50 feet 60 feet 100 feet Open Space (per dwelling unit)
Private Open Space 60 sq. ft./upper
floor
100 sq.
ft./ground floor
60 sq. ft./upper
floor
100 sq.
ft./ground floor
All units 50 sq.
ft.(2)
All units 50 sq.
ft.(2)
Common Open Space 200 sq. ft. 200 sq. ft. 150 sq. ft.(3) 150 sq. ft.(3) Recreational Amenities For projects
containing 25
or more
dwelling units,
provide one
recreational
amenity for
each 30
dwelling units
or fraction
thereof(4)
For projects
containing 25
or more
dwelling units,
provide one
recreational
amenity for
each 30
dwelling units
or fraction
thereof(4)
Ordinance No. 26-___

Minimum On-site Landscaping 10% of the site area
Notes:

(1) When adjacent to existing single-family residential use or zone, the building setback from the nearest property line shall be 10 feet for the first 25 feet in height, above 25 feet in height the setback shall be 20 feet, and above 50 feet, the setback shall be 30 feet. (2) For stand-alone multi-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of fenced yard or patio, a deck or balcony at a minimum area of 50 square feet. The minimum dimension, width or depth of a balcony shall be 5 feet. (3) All common open space shall be conveniently located and accessible to all dwelling units on the site. Common open space may include landscaping, pedestrian paths and recreational amenities. In projects containing fewer than 10 units, the common open space shall have a minimum width and depth of 10 feet. In projects containing 10 or more or units, the minimum width and depth shall be 20 feet. (4) One common recreational amenity shall be provided for each 30 units or fraction thereof. The following listed amenities satisfy the above recreational facilities requirements. Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted. In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis. a. Clubhouse (two)
b. Swimming Pool (two)
c. Tennis, Basketball or Racquetball court
d. Weightlifting facility
e. Children's playground equipment
f. Sauna or Jacuzzi
g. Day Care Facility (two)
h. Other recreational amenities deemed adequate by the director.

(5) For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements.
(6) For structures located within a Hillside Area, see the maximum height criteria as provided within Section 16.24 (Hillside Development) and applicability. “

SECTION 6. Section 16.14.010 (Purpose), Table 16.14-2 (Special Purpose Districts General Development Standards) of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

“
TABLE 16.14-2

SPECIAL PURPOSE DISTRICTS

GENERAL DEVELOPMENT STANDARDS
Ordinance No. 26-___

Development Feature P&R C&I OS
Setbacks
Street 25 feet 25 feet 25 feet
Interior 20 feet 20 feet 20 feet
From Abutting Residential District 15 feet
Accessory Structures Same as Primary Structure
Maximum Height Limit(1) 35 feet(1) 50 feet(1) 35 feet(1) (1) For structures located within a Hillside Area, see the maximum height criteria as provided within Section 16.24 (Hillside Development) and applicability. “

SECTION 7. Section 16.18.080 (Height Measurement and Height Limit Exceptions) of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

“All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Chapter 16.22 (Fences, Hedges, and Walls).

A. Maximum Height. The height of structures shall not exceed the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses). or for structures within a Hillside Area under Section 16.24.020.A. In addition, the Mmaximum height for structures on a specific parcel shall be measured as follows: the vertical distance from finish grade to an imaginary plane located the allowed number of feet above and parallel to the finish grade.

FIGURE 3-1

HEIGHT MEASUREMENT

1. Establishing the high point and low point on the property as reference grade points as follows:
a. A measurement is taken from the lower of existing or proposed grade, 5 feet away from the lowest grade point around the structure in accordance with Figure 16.18 -1. This point shall be the low reference grade point. The highest point anywhere on the structure may not exceed the elevation of that low grade point by more than the allowable height plus the grade differential between the low point of structure and high point of structure (excluding items as detailed under Section 16.18.080(B) (Exc eptions to Height Limits)), but in such case where the actual grade differential exceeds 10 feet, only a maximum of 10 feet may be added to the maximum allowable height per the zone. The measurement is the difference in elevation between the highest and the lowest adjacent ground elevation surrounding the building.

Ordinance No. 26-___

FIGURE 16.18-1

MEASUREMENT LOCATIONS

b. If the difference in elevation is 10 feet or less, the reference grade point is established at the highest adjacent ground elevation. See Figure 16.18-2. If the difference in elevation is greater than 10 feet, the reference grade point is established at 10 feet above the lowest adjacent ground elevation. See Figure 16.18-3. For stepped or terraced buildings, the building height is the overall height as illustrated in Figures 16.18-4 and Figure 16.18-5.

FIGURE(S) 16.18-2, -3, -4. -5

Ordinance No. 26-___

MEASUREMENT CRITERIA

c. For a project with a proposed pad configuration, the height of the structure measured by the vertical distance from the finished grade to the height of the roof line. See Figure 16.18-6.

FIGURE 16.18-6

MEASUREMENT WITH PAD CONFIGURATION

B. Structures on Sloping Parcels. Where the average slope of a parcel is greater than one foot rise or fall in 7 feet of distance from the street elevation at the property line, structure height shall be measured in compliance with Chapter 16.24 (Hillside Development).

CB. Exceptions to Height Limits. Exceptions to the height limits identified in this development code shall apply in the following manner:

1. Roof-mounted Features. Roof-mounted features including chimneys, cupolas, clock towers, elevator equipment rooms, equipment enclosures, and similar architectural features shall be allowed, up to a maximum of fifteen (15) feet above the allowed structure height. The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than twenty-five (25) percent of the total roof area of the structure. Greater height or area coverage may be allowed subject to the approval of a minor conditional use permit in compliance with Chapter 16.52.

2. Parapet Walls. Fire or parapet walls may extend up to four feet above the allowable height limit of the structure.

3. Public Assembly, Hotels, Class "A" Office and Public Structures. Places of public assembly including churches, schools, assembly halls, Class "A" office buildings greater than three (3) stories, hotels and other similar structures may exceed the established height limit by one (1) foot for every two (2) feet that the minimum required front, rear and side yard setbacks are increased. The increase in the front, rear and side yard setbacks is determined by averaging the total of the increased building setbacks at the closest point on all sides. The maximum additional height allowed is thirty (30) feet above the height limit established for the applicable zoning district. This exception shall not apply when the site is adjacent to single-family zoned property. This exception may be used in conjunction with the height exception for rooftop equipment.

4. Telecommunications Facilities. Telecommunication facilities, including antennae, poles, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the

Ordinance No. 26-___

applicable zoning district, subject to the approval of a conditional use permit in compliance with Chapter

16.52. 5. Basement. A basement is defined as a story that has its floor surface below the adjoining finished grade as both conditioned and unconditioned space per the California Building and Residential Codes.” SECTION 8. Section 16.22.050 (Measurement of Fence or Wall Height) of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

“16.22.050 Measurement of Fence or Wall Height.

Where there is a difference in the ground level between two adjacent parcels of less than two feet, the height of a fence or wall constructed along the property line shall be determined by using the finish grade of the highest contiguous parcel. When there is a difference in the ground level between two adjacent parcels of two feet or more, the height of a fence or wall shall be determined by the director.”

SECTION 9. Section 16.22.060 (Walls Required Between Different Zoning Districts) of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

“16.22.060 Walls Required Between Different Zoning Districts.

Walls shall be provided and maintained between different zoning districts as follows:

A. Where a nonresidential or multi-family zoning district abuts a residential zoning district, a solid masonry wall C of six feet in height shall be constructed on the zone boundary line. Walls may be constructed higher than six feet if the viewshed is not impeded and is subject to the approval of the Ddirector;

B. Where a BP or IG zoning district abuts another zoning district, a solid masonry wall six feet in height shall be constructed on the zone boundary line;

C. Walls shall be of solid masonry construction and shall be of a decorative design when in view of public rights-of-way subject to approval of the director; and

D. The director may waive or modify requirements for walls between different zoning districts where a solid masonry wall already exists on the contiguous property if the following findings can be made:

1. The existing wall meets or can be modified to conform to the intent of this chapter;

2. Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the de-sireddesired physical separation;

3. The existing wall can be protected to prevent vehicle damage, if necessary, and

4. Concurrence of the adjacent property owner can be obtained, to modify the existing wall to meet the requirements of this chapter.”

SECTION 10. Chapter 16.24 (Hillside Development) is hereby amended in its entirety to read as follows:

“16.24.010 Purpose.

Ordinance No. 26-___

The purpose of this chapter is to provide regulations for the development of areas in the cityCity that, because of their topography, require special consideration to ensure that they are developed in a way that substantially maintains their natural character and environmental and aesthetic values to implement the City’s Ggeneral Pplan, and to provide for the safety, health, and welfare of the public by:

A. Providing guidelines and standards for development in visually sensitive hillside areasHillside Areas to minimize the ad-verseadverse impacts of gradinggrading and to promote the goals and objectives of the City’s Ggeneral Pplan;

B. Maintaining an environmental equilibrium consistent with existing vegetation, wildlife, soils, geology, slopesslopes, and drainage patterns, and to preserve natural topography and scenic character, including canyons, creeks, knolls, rock outcrops, and ridgelines whenever feasible;

C. EncouragingReasonably consider development proposals that feature water conservation and aquifer recharge techniques;

D. EncouragingReasonably consider development proposals that are sensitive to fire, flood, slide, erosionerosion, pollution, or other safety hazards;

E. EncouragingReasonably consider sensitive development through flexible design and innovative arrangement of building sites by utilizing variable lot sizes, clustering, and setback variations;

F. Utilizing nontraditional design standards for streets and hillside gradinggrading where development quality and public safety are not affected;

G. EncouragingReasonably consider developments that incorporate desirable existing features of land (e.g., natural vegetation, viewsheds, topographic features);

H. Protecting significant natural areas for ecologic purposes, educational, and other scientific study purposes; 1. Encouraging the use of drought-tolerant plant material to protect slopesslopes from soil erosionerosion and slippage, preserve natural watershed, minimize fire hazard, and minimize the scarring and deformation of the natural landscape;

IJ. Limiting the impact of cutcut slopesslopes on adjacent developed and undeveloped properties; and

JK. Providing for appropriate intensity of development (e.g., density, massing, etc.) in hillside areas through a variety of design techniques to ensure that development intensity decreases as slopesslopes become steeper (e.g., lot sizes appropriate for steeper topography and separation of structures sufficient to preserve thea viewshed).

16.24.020 Applicability.

A. Hillside Area. The standards contained in this chapter apply to uses and structures within areas that have a slope of twenty (20) percent or greater and/or are designated on the significant features map on file with the department.

A. Location Consideration for Analysis. Notwithstanding any other provisions of this Code, the standards contained in this chapter apply to uses and structures within Hillside Areas that have a slope twenty-five (25) percent or greater and as designated within the boundaries of a Hillside Overlay Map.

Additionally, please refer to Table 16.24-1 (Undeveloped And Developed Standards And Processing Ordinance No. 26-___

Requirements), Section 16.02.020 (Exemptions from Land Use Permit Requirements), and Section

16.24.080 (Exceptions) for activities and features exempt from review.

B. Basis for Slope Determinations. For the purpose of this chapter, slope shall be computed on the natural slope of the land before grading is commenced, as determined from a topographic map having a scale of not less than one inch equals one hundred (100) feet and a contour tour interval of not more than five feet. Slope determinations shall be based upon citywide contour data as provided on the City’s website under the Geographic Information System webpage under Interactive Mapping.

C. Development Plan Permit Required. Hillside developments shall be subject to the approval of a development plan permit in compliance with Chapter 16.56, unless exempt per adopted City policy or State Law (Example: Accessory Dwelling Unit).

D. The development standards, guidelines and provisions of this chapter shall be applied to those portions of land with a predominance of significant natural slopes exceeding twenty-five (25) percent and areas that are integrally contiguous or slopes determined as significant by the director. The provisions of this chapter shall apply to projects relating to subdivisions, permits, uses, structures, specific plans, master development plans, and associated site plans for development review except as specifically exempted by Section 16.02.020.

D. Applicability Criteria. The development standards, guidelines, and provisions of this chapter shall be applied to those portions of land with a predominance of natural slopes exceeding twenty-five (25) percent or greater and areas that are integrally contiguous. The provisions of this chapter shall apply to projects relating to subdivisions, permits, uses, structures, specific plans, master development plans, and associated site plans for development review as described under Table 16.24-1 (Undeveloped and Developed Standards and Processing Requirements), except as specifically exempted by Section

16.02.020 (Exemptions from Land Use Permit Requirements), and Section 16.24.080 (Exceptions).

TABLE 16.24-1

UNDEVELOPED AND DEVELOPED STANDARDS AND PROCESSING REQUIREMENTS

Feature/Standard Undeveloped /
Natural
Both Undeveloped
and Developed
Portions of a Hillside
Area Site
Developed
Hillside Development
Plan Permit Applies.

Applies to the
Undeveloped / Natural
portions of the site that
were not previously
legally
disturbed/developed.

Exempt from Permit
for Developed
Portions where the
scope of work
involves ≤ 50 cubic
yards for flatwork,
pools, spas, or other
areas of the site that
Ordinance No. 26-___

Exempt from Permit
for Developed
Portions where the
scope of work
involves ≤ 50 cubic
yards for flatwork,
pools, spas, or other
areas of the site that
have been legally
disturbed, and as
described under
Section 16.02.020
(Exemptions from
Land Use Permit
Requirements).

have been legally
disturbed, as described
under Section

16.02.020
(Exemptions from
Land Use Permit
Requirements).

Permit Evidence for
“Developed”
Classification
N/A

Grading permits and
records,
Building Permits /
Certificates of
Occupancy,
Approved Grading
Plans

Grading Permits and
Records,
Building permits /
Certificates of
Occupancy,
Approved Grading
Plans
Agricultural Uses as
it relates to a
“Developed”
Classification
N/A
“Developed” as it
relates to a disturbed
hillside area condition
does not include
agricultural uses or
improvements
customarily associated
with agricultural
operations, including
but not limited to crop
cultivation, grazing,
orchards, vineyards,
irrigation systems,
fencing, or agricultural
access roads. The
installation or
maintenance of such
agricultural
improvements shall
not, by itself, cause a
hillside area to be
considered
“developed” for
purposes of this
Chapter.
“Developed” as it
relates to a disturbed
hillside area condition
does not include
agricultural uses or
improvements
customarily associated
with agricultural
operations, including
but not limited to crop
cultivation, grazing,
orchards, vineyards,
irrigation systems,
fencing, or agricultural
access roads. The
installation or
maintenance of such
agricultural
improvements shall
not, by itself, cause a
hillside area to be
considered
“developed” for
purposes of this
Chapter.

Ordinance No. 26-___

Evidence for
“Developed”
Classification
without Permit
History
N/A

Aerial Imagery.

Subject to review by
the Director for a
determination. If there
is a disagreement with
the determination, it
shall be referred to the
Planning Commission
for a final
determination.

Aerial Imagery.

Subject to review by
the Director for a
determination. If there
is a disagreement with
the determination, it
shall be referred to the
Planning Commission
for a final
determination.

Grading Permit Applies.

Applies to the
Undeveloped / Natural
portions of the subject
site that were not
previously legally
disturbed.

Applies if soil
disturbance exceeds 50
cubic yards and is
determined to be
exempt by the City
Engineer, per Section

15.52.030 (Permits
Required) and Section

15.52.040 (Permit
Exceptions).

For the developed
portion of a subject
site, a grading permit
is required if soil
disturbance exceeds 50
cubic yards and is
determined to be not
exempt by the City
Engineer, per review
of the criteria as
described under
Section 15.52.030
(Permits Required)
and Section 15.52.040
(Permit Exceptions).

Fine Grade and
Drainage Review N/A

Subject to City
Engineer review for
the developed portions
of the site, unless the
Fine Grade and
Drainage Review is
determined not to be
eligible, per Section

15.52.030 (Permits
Required) and Section

Subject to City
Engineer review,
unless the Fine Grade
Drainage Review is
determined not to be
eligible, per Section

15.52.030 (Permits
Required) and Section

15.52.040 (Permit
Exceptions).

Ordinance No. 26-___

15.52.040 (Permit
Exceptions).

Accessory Dwelling
Units (ADUs) &
Accessory Structures

Approval of an ADU
is tolled for any
required discretionary
actions (e.g. grading
permit) per State law.

Approval of an ADU
is tolled for any
required discretionary
actions (e.g. grading
permit) per State law.

Approval of an ADU
is tolled for any
required discretionary
actions (e.g. grading
permit) per State law.

Approval of Accessory
Structures, 1,000 sq.
ft. or greater, requires
a Hillside
Development Permit

Approval of Accessory
Structures, 1,000 sq.
ft. or greater, requires
a Hillside
Development Permit

Approval of Accessory
Structures, 1,000 sq.
ft. or greater, requires
a Hillside
Development Permit

All Projects located
in a designated
Hillside Area

All components are
subject to hillside
design standards

All components are
subject to hillside
design standards

All components are
subject to hillside
design standards

16.24.030 Definitions.

For the purposes of this chapter the following definitions shall apply:

Agricultural Use. “Developed” as it relates to a disturbed hillside area condition does not include agricultural uses or improvements customarily associated with agricultural operations, including but not limited to crop cultivation, grazing, orchards, vineyards, irrigation systems, fencing, or agricultural access roads. The installation or maintenance of such agricultural improvements shall not, by itself, cause a hillside area to be considered “developed” for purposes of this Chapter.

City. The City of Murrieta, state of California, referred to in this development code as the “City.”

City Engineer. The director of Public Works/City Engineer of the city or their duly delegated representative.

City Manager. The official employed by an elected council to direct the administration of the City. See Chapter 2.08 “City Manager”

Clearing. The removal of vegetation (grass, brush, trees, and similar plant types) by hand or mechanical means (e.g. brushing, and/or grubbing).

Cluster Development. A concept where structures are grouped on certain portions of a site, frequently of different shapes and sizes, surrounded by large expanses of open space.

Contour. A line drawn on a plan that connects points of equal elevation.

Ordinance No. 26-___

Cut. The mechanical removal of earth material.An act by which soil, sand, gravel, or rock is cut into, dug, quarried, uncovered, removed, or relocated, and shall include the conditions resulting therefrom.

Daylight Line. The line between the finished grade and natural terrain drawn by connecting points where pro-posed contours meet existing contours.

Developed. Means land that has been altered from its natural state through grading, excavation, fill placement, construction, paving, landscaping, or installation of infrastructure improvements.

Director. See Section 16.46.050 “Director.”

Elevation. Height or distance above mean sea level.

Erosion. The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces (e.g., as wind, and water)

Fill. A deposit of earth material placed by artificial means.deposit of soil, sand, gravel, rock, or other material placed by artificial means.

Finished Grade. The final elevation of the ground surface after development, that is in conformance with the approved plans.

Grading. To bring an existing surface to a designed form by excavating, filling, or landforming operations in excess of fifty (50) cubic yards.

Contour Grading. A grading concept designed to result in earth formsshaping that resembles natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.

Conventional Grading. A grading concept that results in simple, straight forward, cut and fill lines and even planed slopesslopes. This is the most basic type of grading often resulting in an "engineered or man- made" appearance attributable to a lack of curvilinear or natural-appearing shapes.

Landform Grading. A grading method that replicates the irregular shapes of the natural slopesground surface. Landform graded slopesland surfaces are characterized by continuous series of concave and convex forms interspersed with mounds that blend into profiles, nonlinearity in plan view, varying slope gradients, and significant transition zones, between man-made and natural slopesland surfaces.

Ordinance No. 26-___

Hillside Area. Land with an average rise or fall of twenty-five (25) percent or greater or a vertical rise of thirty (30) feet or moreMeans those areas specifically designated on a Hillside Overlay Map as adopted by the City Council under Section 16.24.100.

Mass Grading. The movement of large quantities of earth over large areas. Disruption of the majority of the on-site surface terrain resulting in a successive pad/terrace configuration. Modification or elimination of natural landforms may result.

Minimal Grading. A grading concept designed to minimize excavation and filling. Allows the movement of earth for projects (e.g., as individual building foundations, driveways, local roads, and utility excavation). The concept is associated with roads conforming closely to natural contours and with structures being built on natural terrain.

Pad. A level area created by grading to accommodate development.

Prominent Ridge. A ridge or hill location that is visible from Interstate 15, Interstate 215, or from an arterial or secondary street, that forms part of the skyline or is seen as a distinct edge against a backdrop of land.

Ridge. An extended, narrow, conspicuous elevation of land generally between valleys.

Slope. An inclined ground surface, the inclination of which is expressed as a ratio of the vertical distance (rise), or change in elevation, to the horizontal distance (run). The percent of a given slope is determined by dividing the rise by the run, multiplied by one hundred (100).

Undeveloped. Means land within a hillside area that remains in a substantially natural state and has not been significantly altered by grading, construction, paving, or installation of infrastructure improvements.

Ordinance No. 26-___

Slope, Average. The method of determining average natural slope of land using the following equation:

I x L x .0023 where
A
I = Contour interval in feet.

L = Combined length in feet of contour lines measured on the project site. .0023 = A constant that converts square feet into acres and expresses slope in percent.

A = Project site area in acres.

Slope, Man-made. A manufactured slope consisting wholly or partially of either cut or filled material.

Slope, Natural. A slope that is not man-made.

Slope, Significant Natural. A slope that is not man-made that exceeds twenty-five (25) percent and a vertical rise of thirty (30) feet or more.

Slope Ratio. The relationship of a slope's horizontal length to vertical height, with the height specified as one (e.g. 2:1).

Slope Transition. The area where a slope plane changes to meet the natural terrain or a level graded area either vertically or horizontally.

16.24.040 Application Submittal Requirements.

Applications for development within the hillside overlay zoning district shall comply with the submittal requirements of this chapter. When a development project is a specific plan or master development plan, the submittal requirements shall be incorporated in the appropriate sections of the corresponding documents. If adequate detailed studies are provided with the specific plan and/or master development

Ordinance No. 26-___

plan, subsequent implementing development applications shall be reviewed for substantial conformance with these plans.

Application filing requirements are as follows:

A. A Natural Features Map. This map shall identify slope banks, ridgelines, canyons, natural drainage courses, United States Geological Survey (U.S.G.S.) blueline streams, rock outcroppings, sensitive bioticbiological habitats, cultural resources, and other natural features for the purposes of project review and California Environmental Quality Act (CEQA) analysis determined to be worthy of consideration for preservation.

B. A Conceptual Grading Plan. A conceptual grading plan shall be submitted at a minimum scale of one inch to two hundred (200) feet (this scale may be adjusted with the approval of the department). The plan shall include the following items:

1. A legend with appropriate symbols indicating high point, low point, spot elevations, pad and finished floor elevations, top of wall, top of curb, change in direction of drainage, and planned drainage improvements;

2. A separate map with proposed fill areas and cut areas, depths of these areas clearly shown in five- foot topographic lines. Quantities of each cut and fill area shall be clearly marked and calculated as a percentage of the total site area. The fill and cut areas shall be either colored green and red, respectively, cross-hatched, or screened to delineate the separate areas;

3. Contours for existing and proposed land conditions. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown at minimum intervals of five feet of change in elevation, with two- foot contours in the flatter areas (if using Riverside County flood control district topographic maps, a four-foot interval may be used); and

4. Additional information as required to assist department review of the project.

B. Overall Conceptual Grading Plan. An overall conceptual grading plan shall be submitted at a minimum scale of one (1) inch equals twenty (20) feet). The plan shall include the following items:

1. A legend with symbols identifying the following, but not limited to: high point, low point, spot elevations, pad, top of wall, top of footing, top of curb, top of ground surface on both sides of a retaining wall, and planned drainage improvements;

2. A separate map shall be provided with proposed cut and fill areas, depths of these identified areas shown in five-foot topographic lines. Quantities of each cut and fill area shall be identified and calculated as a percentage of the total site area. The cut and fill areas shall be either colored green and red, cross- hatched, or screened to delineate each respective area;

3. Contours for existing and proposed topographic conditions shall be provided within submitted plan exhibits. Existing contours shall be depicted with continuous screened lines and proposed contours shall be depicted as above except with a solid line. Contours shall be shown at minimum intervals of two feet of change in elevation. Elevations of less than two feet shall be depicted with spot elevations; and

4. Additional information as required to assist with review of the project.

Ordinance No. 26-___

C. Drainage Map. A conceptual drainage and flood control facilities map describing planned drainage improvements. The map shall utilize cityCity standards or an acceptable alternate as determined by the city engineerCity Engineer or their designee.

D. Slope Analysis Map. A slope analysis map for the purpose of determining the quantity amount and location of land as it exists in its natural state and for calculating average slope categories. A base topographical map forof the site shall be prepared and shall have a scale of not less than one inch to onetwo hundred (100200) feet. The base topographical map shall include adjoining properties within one hundred (100) feet of the site boundaries to portray the site's context. Slope bands in contrasting colors shall be delineated in the range of zero to twenty-five (0—25) percent, twenty-six to fifty (26—50) percent, and fifty (50) percent or greater. A tabulation of the land area by slope percentage shall also be provided.

The exact method for computing the percent slope and area of each slope category shall be sufficiently de-scribed and presented so that a review can be readily made. A heavy solid line indicating the twenty- five (25) percent grade differential shall be clearly marked on the plan. An eight and one-half by eleven (8 1/2 x 11) inch legible acetate reduction of the slope analysis with appropriate legend shall also be provided.

DE. Slope Profile Drawings. A sufficient number of slope profiles shall be provided to clearly illustrate the ex-tent of the proposed grading. A minimum of four cCross-section slope profiles shall be included with the slope analysis. Additional profiles may be required as determined by the city engineerCity Engineer or their designee. The slope profiles shall:

1. Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading grading plan, and project site map. Both vertical and horizontal scales shall be indicated;

2. Show existing and proposed topography, structures, and infrastructure. Proposed topography, structures, and infrastructures shall be drawn with a thin, solid line. Existing topography and features shall be drawn with a dashed line;

3. Extend at a minimum of least one hundred (100) feet outside the project site boundary to clearly show the impact on adjacent property. Additional distance may be necessary to determine off-site terrain and features;

4. Be drawn along those portions of the subject site where:

a. The greatest portion of the site where alteration of existing topography is proposed;

b. The most intensive or massive development portion of the site where development is proposed (e.g. where structures are proposed);

c. The site is most visible from surrounding land uses; and

cd. Where proposed gradinggrading willwould potentially impact existing natural drainage conditions.

5. At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contourcontour lines. At least one other slope profile shall be roughly at a ninety (90) degree angle to the other slope profiles and existing contour lines.

Ordinance No. 26-___

F. Indicate Source of Data. Both the slope analysis and slope profiles shall Iindicate the datum, source, data, and scale of topographic data used in the slope analysis and slope profiles.

G. Geotechnical Report. A geotechnical and soils report, shall be prepared by a registered geotechnical engineer to cityCity standards and provide in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental technical studies and investigations, including, but not limited to, hydrologic, seismic, access/circulation, cultural, tribal cultural, and biota researchbiological resources may also be required to help in the determination of the buildable area of a subject site for consistency with project review and for California Environmental Quality Act (CEQA) analysis.

H. Objective Design Guidelines. Objective Ddesign guidelines shall be provided for projects that are to be reviewed by the Planning Ccommission. Otherwise, illustrative building elevationselevations showing all sides of the structure shall be provided.

I. No Grading Proposed. In the event that no grading is proposed, (e.g., custom lot subdivision) a statement to that effect shall be filed with a plan that shows possible future house plotting, pad grading, driveway de-sign, and septic system location for each parcel proposed. The plan shall be prepared on a topographic map drawn at a scale of one inch to two hundred (200) feet.See 16.24.080 (Exceptions) for applicability.

J. Additional Information. The following items may be required if determined necessary by the directorCity Engineer or their designee to aid in the analysis of the proposed project:

1. A line of sight or view analysis;

2. Photographic and/or computer generatedcomputer-generated graphic renderings; or

3. A topographic model and/or large scalelarge-scale detailed partial model; or

4. Other illustrative techniques determined necessary to aid in review of the project.

K. Exceptions to the filing requirements shall be determined by the director.

16.24.050 Project Review Procedures.

Projects within designated hillside areas shall be subject to review and approval by the director or the commission in compliance with the provisions of this chapter.

A. Director Approval. The director shall approve, approve with conditions, or deny development proposal applications when the following conditions apply:

1. Development plan permits;

2. Extensions of time; or

3. Building permit reviews.

Ordinance No. 26-___

B. Commission Approval. The commission shall approve, approve with conditions, or deny development proposal applications when one or more of the following conditions apply:

1. When padded building sites are proposed; , or

2. Proposals referred to the commission by the director.

C. Modification of Requirements. The commission may modify or waive a development standard:

when an improved or more sensitive design will result. Further, where it can be demonstrated that imposing hillside development standards would either render a parcel unbuildable and create a loss of its reasonable economic use, or place an undue restriction on the improvement of the property, development consistent with the general plan shall be allowed subject to approval by the commission, if the following findings can be made:

a. The site is physically suitable for the design and siting of the proposed development. The proposed development will result in minimum disturbance of environmentally sensitive areas;

b. The grading proposed in connection with the development will not result in soil erosion, silting of lower slopes, flooding, severe scarring or other geological instability or fire hazard that would affect health, safety and general welfare as determined by the city engineer;

c. The proposed development retains the visual quality of the site, the aesthetic qualities of the area and the neighborhood characteristics by utilizing proper structural scale and character, varied architectural treatments, and appropriate plant materials; and

d. The proposed development is in conformance with the qualitative development standards and guidelines as established in this chapter and is conformance with the goals, objectives and policies of the general plan.

1. When an improved or more environmentally sensitive design would result. Further, where it can be demonstrated that imposing the objective hillside development standards would either render a parcel unbuildable and create a loss of its reasonable economic use, or place an undue restriction on the improvement of the property, development consistent with the City’s General Plan shall be allowed subject to approval by the Planning Commission, if the following findings can be made:

a. The site is physically suitable for the design and siting of the proposed development. The proposed development will result in minimum disturbance of environmentally sensitive areas;

b. The grading in connection with the development would not result in soil erosion, silting of lower slopes, flooding, severe scarring, create other geological instability conditions, or a fire hazard condition that would affect the public’s health, safety and general welfare for the City, as determined by the City Engineer.

16.24.060 Hillside Development Standards.

The following are minimum standards and shall apply to a use, development, or alteration of land in compliance with Section 16.24.020 (Applicability). These standards are supplemented by the provisions of the development guidelines contained in Section 16.24.070 (Hillside Development Guidelines) of this chapter.

Ordinance No. 26-___

A. Hillside Slope Categories. The following descriptionscategories serve as general standardsguidelines for determining the applicability of hillside slopeconditions at a subject site categories to ensure that development will compliment the overall character of the landform.

TABLE 16.24-2

HILLSIDE DEVELOPMENT STANDARDS

% Natural
Slope
Category
Standards
Up toUnder
25%
This is not considered a hillside condition. Please note that slope calculations shall not be rounded to the nearest whole number.
25% and
Over up
tobut less
than 50%
This is a hillside condition. Development within this slope category is limited to the less visually prominent slopesslopes of a subject site, and then only where it can be showndemonstrated that gradinggrading, vegetation removal, safety, and environmental and aesthetic, and other environmental impacts arecan be minimized. Potential Iimpacts of from site access and roadways shall be minimized by following natural contourscontours or using grade separations.

Proposed Sstructures shall blend with the natural landform through their shape, material, and utilization of natural occurring color(s). Special hillside architectural and design techniques are required, which may include the use of larger lots, variable setbacks, and variable building structural techniques and clustering. Padded building sites may be considered in some instances.

Where this occurs, the commission may consider padded building sites adjacent to special features when it is found that grading of padded building sites will create a better relationship between the special feature(s) and the building sites.Please note that slope calculations shall not be rounded to the nearest whole number.
50% and
over(1)
This is an excessive slope condition, and development is prohibited. (1) This applies to the property as a whole.

B. Site Design.

1. Projects located in hillside areas shall incorporate clustering, variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents.

Ordinance No. 26-___

2. When clustering techniques are usedutilized, the minimum lot sizes may be decreased to five thousand (5,000) square feet when it is necessary to preserve sensitive lands (e.g., hillsides, creeks, habitat areas, etc.). Lots may be allowed smaller than five thousand (5,000) square feet, but not smaller than four thousand (4,000) square feet, for up to twenty (20) percent of the total approved lots and only under an approved specific plan when absolutely necessary to preserve sensitive and hillside areasHillside Areas. Lots under five thou-sandthousand (5,000) square feet are prohibited in slope areas of twenty-five (25) percent or greater.

C. Driveways and Roadways.

1. Driveways shall be designed in a manner as to when a vehicle is entering a public /and /or private streets, maintaining adequate sight distance shall be maintained as determined by the city engineerCity Engineer or their designee.

2. Driveways shall not be located within three feet of a side property line. Exceptions to this standard may be considered based on lot size, percentage of slope, appropriate drainage facilities and use as a common (joint) driveway by the City Engineer or their designee.

3. Only slopesslopes less than fifty (50) percent (2:1) shall be allowedpermitted adjacent to driveways.

4. Driveway grades above fifteen (15) percent may only be considered by the City Engineer or their designee when driveways are aligned with the natural contourscontours of the land, and are necessary to achieve effective site design, and safety considerations are met to the satisfaction of the building and safety official, city engineer, and the fire departmentbuilding and safety official, City Engineer, or designee, and fire code official. Proper dDesign considerations shall be employed, including the use of vertical curves. On proposed driveways that may be approved with a slope greater than fifteen (15) percent, a coarse, all-weather paving material (e.g. asphalt or concrete), or grooves for traction, shall be incorporated into the designconstruction.

5. Roadways shall conform to the natural landform. Significant alterations to the physical and visual character of a hillside shall be avoided by eliminating large notches in ridgelines and wide straight alignments. Modified or reduced widthreduced-width road sections and split sections shall be considered in the layout of hillside streets to reduce gradinggrading and cutscuts in topography while allowing access for fire trucks and other emergency vehicles.

Ordinance No. 26-___

Ordinance No. 26-___

FIGURE 16.24-1

ROADWAY PLACEMENT

6. Where road construction is proposed in hillside areas, the standards shall be consistent with those identified for high fire hazard areas, the California Fire Code, and with City design standards.

7. The extent of vegetation and visual disruption shall be minimized by the combined use of retaining structures and regrading to approximate natural slopesslopes. The view along a street frontage shall be screened with landscaping and the maintenance of views shall be preserved as demonstrated on the project plans. shall provide a pleasant appearance with a sense of open space and landscaping. The use of terraced walls and landscaping to reduce grading impact associated with retaining walls is a recommended design technique to address this visual impactencouraged.

8. Wet utilities shall be placed in the road right-of-way, where feasible, and approved by the reviewing agency.

9. AppropriateScaled roadway drainage facilities and grades shall be provided consistent with City design standards.

D. Architecture.

1. The building envelope for primary structures, except for padded building sites,The maximum structure height shall be thirty (30) feet. Refer to Section 16.18.080.A (Maximum Height) for additional criteria on how to calculate the maximum height for a sloped parcel.as follows:

a. Downhill Lot. The maximum structure height shall be thirty (30) feet, measured from finished grade at the front setback line extending towards the rear of the lot. The maximum height at the side setbacks shall be fifteen (15) feet extending up toward the center of the lot at a forty-five (45) degree angle to a maximum height of thirty (30) feet as measured from finished grade.

Ordinance No. 26-___

FIGURE 3-4

BUILDING ENVELOPE FOR DOWNHILL LOT

b. Uphill Lot. The maximum structure height shall be fifteen (15) feet, measured from finished grade at the front setback line extending up towards the rear of the lot at a forty-five- (45-) degree angle to a maxi-mum height of thirty (30) feet. The maximum height at the side setbacks shall be fifteen (15) feet extending up towards the center of the lot at a forty-five- (45-) degree angle to a maximum height of thirty (30) feet as measured from finished grade.

FIGURE 3-5

BUILDING ENVELOPE FOR UPHILL LOT

c. Cross Slope Lot. The maximum structure height shall be thirty (30) feet, measured from finished grade at the maximum front setback line extending towards the rear of the lot. The maximum height at the side setbacks shall be fifteen (15) feet extending up towards the center of the lot at a forty- five-(45-) degree angle to a maximum of thirty (30) feet as measured from finished grade.

Ordinance No. 26-___

FIGURE 3-6

BUILDING ENVELOPE FOR CROSS LOT SLOPE

ad. Architectural Projections Allowed. Architectural projections and variations in roof design are encouraged. Projections above the maximum height limits for architectural features may be allowed subject to approval by the directorDirector.

2. In steeper terrain, Rreduction of front yard setbacks may be considered in order to minimize rear yard grading.

3. Architectural treatments shall be provided on all sides of a structure. Elements of the architectural treatment used on the front facade shall be repeated on all sides of a structure with additional emphasis on those elevations visible from public rights-of-way.

43. Building materials and color schemes shall blend with the natural landscape. Colors shall be of earth tones and the value (lightness or darkness) of the specific hue shall be as close to that of the immediately surrounding landscape as possible as demonstrated on the project plans. Where exterior stucco is used, it shall have a final coat of integrated color in a muted earth tone. Contrasting color accents shall be kept to a minimum.

54. Treated wood or materials of a wood-like appearance, having the necessary fire retardant characteristics. are a design optionencouraged for exterior surfaces. Use of other natural materials (e.g., river rock) is also strongly encourageda design option as well. The reflectivity of exposed surfaces (walls, roofs, windows, frames, and paved surfaces) shall be mitigated bywith the incorporation of overhangs, trellises, planting, and similar features.

65. Exterior lighting shall be located and shielded so as to not impact adjacent property owners in terms of glare and privacy in compliance with Section 16.18.100 (Lighting).

E. Walls and Fences.

TABLE 16.24-3
RETAINING WALLS – WITHIN HILLSIDE AREAS
Criteria
Up to Three Feet Within Front or
Street-Side Setback
Walls within the required front yard
or street-side setback shall not
exceed three feet in height, shall be
separated by a minimum of three
feet, and shall incorporate
landscaping to screen the wall(s).

Ordinance No. 26-___

Line-of-Sight Locations/Visibility
Triangles
For any required line–of–sight
locations, or visibility triangles, a
maximum of thirty inches in height
shall be permitted.

Up to Six Feet. Where multiple terraced retaining
walls are designed to retain larger
slopes, they shall not exceed six
feet in height. Refer to Figure

16.24-2.

Over Six Feet Prohibited, unless the applicant
seeks a waiver or modification. The
director may waive or modify the
requirements of this standard if the
following findings can be made:

That the waiver of modification, as
applied to the project, will not
adversely impact adjoining
properties; and

That the waiver or modification will
not be contrary to the public health,
safety, and general welfare; and

That the waiver or modification will
ensure that the retaining wall
incorporates additional screening
measures where a wall would be
visible from the public right-of-
way, including, but not limited to,
the use of earth-tone colors and/or
landscaping, in order to maintain
visual compatibility with the
surrounding hillside area.

Over Six Feet and as Part of the
Structure.

Walls that are an integral part of the
primary structure may exceed six
feet in height; however, their visual
impact shall be mitigated through
contour grading and landscape
treatment. Refer to Figure 16.24-3.

Required Offset At six feet in height, a retaining
wall shall be separated by a
minimum of six feet horizontally.

Refer to Figure 16.24-2.

Ordinance No. 26-___

1. Retaining walls, not exceeding six feet in height, may be allowed to reduce grading, preserve natural features, or increase soil stabilization. Within the required front yard setback, individual retaining walls shall not exceed three feet in height.

2. Where multiple (terraced) walls are designed to retain larger slopes they shall not exceed six feet in height and shall be separated by a minimum of six feet horizontally. A maximum of two walls shall be placed together. Walls within the required front yard setback shall not exceed three feet in height and shall be separated by a minimum of three feet and shall incorporate landscaping to screen the wall(s).

FIGURE 3-716.24-2

HEIGHT OF RETAINING WALLS

3. Walls that are an integral part of the primary structure may exceed six feet in height; however, their visual impact shall be mitigated through contour grading and landscape treatment.

Ordinance No. 26-___

FIGURE 3-816.24-3

RETAINING WALL AS PART OF PRIMARY STRUCTURE

4. Crib walls may be approved on a case by case basis if it can be demonstrated that excessive height is not being created and provisions for extensive landscaping are incorporated.

5. Walls and fences shall incorporate materials and colors used in an adjacent structures. Naturally occur-ring materials (e.g., river rock, flagstone, etc.) shall be used whenever possible.

6. Walls and fencing visible from the public right-of-way shall be designed to incorporate visual interest through variation in placement, use of planters, differing materials, and modulation of the wall plane.

7. Walls and fences shall follow landform grading shapes and contours.

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1. Retaining walls may be permitted when used to reduce grading, preserve natural features, or improve soil stabilization.

2. Split‑face block, crib walls, keystone systems, retaining walls with stone veneer, and similar designs may be utilized.

3. The color palette and materials of a retaining wall or similar wall system should utilize earth‑tone colors and be consistent with the predominant hues and materials of the adjacent hillsides.

4. If landscaping is proposed to be utilized in conjunction with a retaining or similar wall system, plant materials should be appropriate for the local climate and suited to the wall’s sun exposure.

FIGURE 16.24-4

EXAMPLE OF DECORATIVE RETAINING WALL WITH A STONE VENEER

Ordinance No. 26-___

FIGURE 16.24-5

EXAMPLE OF SPLIT FACE RETAINING WALL

FIGURE 16.24-6

EXAMPLE OF KEYSTONE RETAINING WALL

Ordinance No. 26-___

FIGURE 16.24-7

EXAMPLE OF KEYSTONE RETAINING WALL WITH LANDSCAPING

5. Retaining Walls visible from the public right-of-way shall be designed to provide variation in placement, use of planters, differing materials, and modulation of the wall plane to help emulate the pre- existing hillside contours.

6. Retaining Walls shall follow landform grading shapes and contours.

7. Tubular steel or wrought-iron safety fencing may be necessary in conjunction with retaining wall locations. If necessary, these wall locations are to provide for landscape safety maintenance personnel.

Construction shall be consistent with the California Building Code (CBC) and related codes.

FE. Landscaping. Revegetation in hillside areas shall reflect the visual patterns found naturally in local canyons and valleys. The landscaping as viewed from urban areas and the arterial roadway system shall mask and screen man-made structures.

1 . Indigenous, or naturalized plants that blend naturally with the landscape shall be utilized in areas where planting is required. The plant selection shall be deep-rooted, drought-tolerant, and fire-resistant.

2. Natural landform planting shall be used to soften manufactured slopes, reduce the impact of development on steep slopes or ridgelines. and provide erosion control. These landscape techniques shall serve to reintroduce landscape patterns that occur naturally in the hillsides.

Ordinance No. 26-___

Ordinance No. 26-___

FIGURE 16.24-8

NATURAL LANDFORM PLANTING

3. A "vegetative backdrop" shall be maintained by replanting with native trees or the same vegetation that was removed. The vegetation should screen structures to the extent possible at maturity and preserve the appearance of the natural skyline.

3. A “vegetative backdrop” shall be maintained by replanting the site with native trees and/or providing the same vegetation that was removed, consistent with City landscaping standards. As demonstrated in the project plans, the proposed vegetation shall be sized and spaced appropriately to screen structures from the growth of the species at maturity and to preserve the appearance of the natural skyline.

4. The surface of graded or disturbed slopes with three feet or greater vertical height shall be protected against damage by erosion through the planting of deep rooted ground cover as demonstrated on the project plans. Slopes exceeding eight feet in vertical height shall be planted with ground cover and a combination ofof shrubs and trees that have a high "root-to-shoot" ratio. The size of shrubs and trees shall be determined based on the individual project area as deemed appropriate by the department and/or Planning Ccommission.

5. Jute mesh or an equivalent shall be required when planting occurs between August fifteenth and April fifteenth, and when determined, as necessary, by a soils engineer and/or licensed landscape architect. Jute mesh shall be used in combination with required plantings as outlined in the slope landscaping guidelines available on the City of Murrieta’s website for optimal long-term slope stabilization.

6. Indigenous, native vegetation shall be retained and supplemented within canyons and along natural drainage courses where grading does not occur, provided that it conforms with fuel modification and tire prevention plans.

Ordinance No. 26-___

7. Common open areas and front and side yards adjacent to a street shall be adequately landscaped and irrigated. The areas shall be provided with native plant materials that blend with the natural character of the surrounding landscape.

7. Common open space areas, front, and side yards adjacent to a street shall be landscaped and irrigated consistent with City landscaping and fire protection standards. These areas shall be provided with native plant materials that blend with the natural character of the surrounding landscape.

8. In order to protect slopes from soil erosion and slippage and to facilitate revegetation, an automatic irrigation system shall be installed on slopes with planting. Design and operation of the irrigation system shall respect the special conditions that exist in hillside situations specific to maintaining slope stabilization and integrity. In all cases, the emphasis shall be toward using plant materials that may eventually not need to be irrigated: therefore, temporary irrigation systems may be used as approved by the city's landscape architect and city engineer. Water and energy conservation techniques shall be utilized (e.g., drip irrigation, alluvial rockscape, etc.) Where irrigation systems are installed above ground, ultraviolet light resistant. brown line or other approved color, shall be used.

8. In order to protect slopes from soil erosion and failure, and to facilitate revegetation, and automatic irrigation system shall be installed on slopes with planting. Design and operation of the irrigation system shall respect the special conditions that exist in hillside situations specific to maintaining slope stabilization and integrity. In all cases, the emphasis shall be toward using plant materials that may eventually not need to be irrigated; therefore, temporary irrigation systems may be used as approved by the City’s landscape architect and City Engineer. Water and energy conservation techniques shall be utilized (e.g. drip irrigation, alluvial rockscape, etc.). Where irrigation systems are installed above ground, ultraviolet light-resistant brown line, or other approved color, shall be used.

9. A permanent fuel modification area shall be required around development projects that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The fuel modification area shall be maintained by its owners, a homeowners' association, or other public nonprofit agency or conveyed in a public easement. Adequate provisions shall be made for the continual maintenance of these areas and the fire chief may require brush, vegetation, or debris to be removed and cleared consistent with the provisions of Chapter 8.32 of the municipal code. Where feasible, fuel modification areas shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be based on applicable building and fire codes and the recommendations of the fire chief with consideration given to:

a. A worst-case Santa Ana wind condition;

b. The natural ungraded slope of the land within the project and in the areas adjacent to the project;

c. Fuel loading:

d. Access to the project by fire suppression equipment. and access directly to the fuel modified area, and egress out of the project in case of evacuation;

e. The on-site availability of water that can be used for fire fighting purposes with regard to fire flows, water pressure, and duration:

f. "Built-in" fire protection within structures (i.e., sprinklers etc.);

g. Soil erosion and sediment control measures; and

Ordinance No. 26-___

h. The fire department fuel modification policy document.

10. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.

9. A permanent fuel modification area shall be required around projects that are located within high or very-high fire severity zone, adjacent to a high or very-high fire severity zone, or exposed to hazardous fire areas for the purpose of fire protection. The fuel modification area shall be maintained by its owners, a homeowners' association, or other public nonprofit agency, or conveyed within a public easement.

Adequate provisions shall be made for the continual maintenance of these areas, and the fire code official may require brush, vegetation, combustible item(s), or debris to be removed, cleared, and maintained, consistent with the provisions of Chapter 8.32 of the Municipal Code. Where feasible, fuel modification areas shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be based on applicable building and fire codes and the recommendations of the fire code official with consideration given to:

a. A worst-case Santa Ana wind condition;

b. The natural ungraded slope of the land within the project and in the areas adjacent to the project;

c. Fuel load;

d. All weather access to the project by fire suppression equipment and personnel, access directly to the fuel modified area, and egress out of the project area in case of evacuation;

e. The on-site availability of water that can be used for firefighting purposes with regard to fire flows, water pressure, and duration;

f. "Built-in" fire protection within structures (i.e., sprinklers etc.);

g. Soil erosion and sediment control measures;

h. The fire department fuel modification policy and the Wild Urban Interface Undesirable Plants & Trees list;

i. Fuel modification zones for landscaping as outlined by the California Department of Forestry and Fire Protection.

10. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.

G. Grading.

1. GradingGrading shall not take place on natural slopesslopes that exceed fifty (50) percent.

2. Slopes created by grading of the site shall not exceed fifty (50) percent or 2:1, without a soils report and stabilization study indicating a greater permissible slope. Slopes shall not exceed thirty (30) feet in height between terraces or benches, except that the commission may permit slopes exceeding these dimensions where the slopes will result in a natural appearance and will not create geological or erosion hazards. The soils report and stabilization study will be subject to third party review prior to approval by Ordinance No. 26-___

the city. Refer to the hillside development guidelines (16.24.070) for methods to accomplish this standard.

2. Slopes created by grading of the site shall not exceed fifty (50) percent or 2:1. Slopes exceeding 2:1 but less than or equal to 1.5:1 may be considered upon additional analysis by a licensed geotechnical engineer. Slopes shall not exceed thirty (30) feet in height between terraces or benches, except that the Planning Commission may permit slopes exceeding these dimensions where the slopes will result in a natural appearance and will not create geological or erosion hazards. The soils report and stabilization study shall be subject to third-party review prior to approval by the City.

3. Structures shall not visually impair ridgeline silhouettes. Structures are not permitted closer to a prominent ridge than fifty (50) feet measured vertically on a cross-section or one hundred fifty (150) feet horizontally on a topographic map. whichever is more restrictive. Exceptions to this requirement for public facilities. utilities. and infrastructure necessary to serve the public health, safety, and welfare may be considered by the commission.

3. In order to help address visual impacts at Prominent Ridgelines, the use of the combination of naturally occurring vegetation (trees/shrubs) and proposed landscaping shall be implemented to screen proposed structures at these locations. Alternatively, earth tone colors can be used as a design option if landscape screening is not feasible. Additionally, any required Fuel Modification Zone and California Fire Code standards shall be considered in the design of this screening method, blending with the terrain and existing vegetation.

4. ClearingClearing and/or grubbing, excavation, orand other earth disturbances shall not be permittedinitiated on hillside areashillside areas prior to the issuance of a gradinggrading permit,. with the exception of county/state authorized soils remediation operations, drill holes, and exploratory trenches for the collection of geologic and soil data or for weed abatement activities. Trenches are to be properly backfilled and in addition, erosionerosion treatment provided where slopesslopes exceed twenty-five (25) percent.

5. Manufactured cutcut and fillfill slopesslopes exceeding ten feet in height which willwould be either exposed to public view, or are adjacent to environmentally sensitive areas, shall be landformlandform or contourcontour graded, where physically feasible, so that their ultimate appearance will resemble a natural slope. This will include slopesslopes alongadjacent to streets and highways, slopesslopes, adjacent to parks, schools, open spaces, and other public facilities and other prominent slopesslopes. Refer to the hillside development guidelines (16.24.070) for methods to accomplish this standard.

6. LandformLandform gradinggrading shall be used where zero to twenty-five (0-25) percent (non- hillside) slopesslopes intersect with twenty-five to fifty (25-50) percent (hillside) slopesslopes. Proper transitioning from manufactured slopesslopes created by conventionalconventional gradinggrading methods to natural slopesslopes shall be achieved gradually and naturally through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes.

7. FillFill slopesslopes shall not be placed perpendicularly across a canyon. Straight line cutcut ofF fillof fill slopesslopes shall not be made to appear like a dam. The terminus of the fillfill shall, instead, be concave in shape to restore the can-yoncanyon appearance. This concave configuration shall be in combination with the use of substantially flatter slope ratiosslope ratios (4:1, 3.5:1, 3: I ) at or near the center of this indentation. Symmetrical or unsymmetrical con-cave configurations shall be used depending upon the adjoining or underlying topographic characteristics.

Ordinance No. 26-___

8. Minimal radius rounding at the edges of cutcut and fillfill slopesslopes is not an acceptable method. Proper Ttransitioning from manufactured slopesslopes to natural slopesslopes shall be achieved gradually and naturally through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes.

9. In the planning, design, and development of public utilities and infrastructure, every reasonable effort as demonstrated shall be made to minimize gradinggrading impacts and incorporates a design that follows harmonize with the natural contourscontours and character of the land.

10. Side yard slopesslopes and low (less than twenty (20) feet in height) rear yard slopesslopes (less than twenty (20) feet in height) whose view is blocked by future structures need not have landform design applied.

11. GradingGrading shall be phased so that prompt revegetation or construction will control erosionerosion. Where possible,. only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Top soil shall be stockpiled during the rough gradinggrading phase and usedutilized on padspads or revegetated habitat areas, upon the recommendation of the soils engineer. Refer to the hillside development guidelines for methods to accomplish this standard.

12. Applicable requirements of the cityCity and state shall be complied with in conjunction with athe latest National Pollution Discharge Elimination System (NPDES) permit prior to the issuance of a gradinggrading permit., whichThis may include, but is not limited to, an Grading Plan, and ErosionErosion Control Plan, Best Management Plan (including Notice of Intent to be filed with the state Water Resources Control Board)(During Construction and Post-Construction Phases) and Construction Monitoring Program.

H. Drainage.

1. Debris basins, energy dissipatingenergy-dissipating devices, and down drains shall be provided, where necessary, to reduce erosionerosion when gradinggrading is undertaken in the hillside areashillside areas. Natural drainage courses shouldshall be retained where health and safety can be maintainedare not jeopardized. Drainage courses retained in a natural state shall be protected from gradinggrading activity.

In instances where a crossing is required,. a natural crossing and bank protection shall be a preferreddesign option over steel and concrete systems. Where drainage structures are required, they shall be naturalized with coloration, plant materials, native rocks and/or concealment with gradinggrading techniques.

2. Drainage channels, slope drainage devices, interceptor drains and terrace drains shouldshall be placed in less visible locations as demonstrated on the project plans and evaluated for erosion. Down drains shall be hidden in swales diagonally or curvilinear across a slope face. In this manner they will be built into the overall landform of the slope. They shouldshall also receive a naturalizing treatment, which may include native rock, colored concrete, and/or landscaping so that the structure appears as an integral part of the environment. In all cases, a concrete liner shall be used in addition to a naturalizing treatment as demonstrated on the project plans and evaluated for erosion.

Ordinance No. 26-___

FIGURE 16.24-9

NATURALIZED VERSUS CONVENTIONAL LANDFORMING

3. Cross lotCross-lot drainage usage shall be minimized. In situations where this is not possible using conventional design., optional techniques (e.g., single loaded streets, reduced densities, etc.) shall be

Ordinance No. 26-___

considered. Use of cross lotcross-lot drainage may be considered only after demonstration that this method will not adversely affect the proposed lots or adjacent properties, and that it is absolutely required in order to minimize the amount of gradinggrading which would result with conventional drainage practices.

4. Where cross lot drainage is utilized, the following shall apply:

a. Project Interiors. One lot may drain across one other lot if a maintenance easement is provided within either an improved, open “V”-swale gutter which has a naturalized appearance, or within a closed drainage pipe that shall be a minimum twelve (12) inches in diameter. This drainage shall be conveyed to either to a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by its owners or a Homeowners' Association; otherwise,. the drain-agedrainage shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. Irrigation lines shall be placed above swales to minimize the impacts in the event of a system failure. When irrigation lines cross an open “V”-swale they shall be placed into a galvanized pipe, which is to be clamped to the soil on both sides of the swale subject to the review of the directorCity Engineer or their designee.

b. Project Boundaries. On-site drainage shall be conveyed in an improved open “V”-swale gutter, which has a naturalized appearance, or within an underground pipe in either a private drainage easement, that is to be maintained by its owners or a homeowners' association, or it shall be conveyed in a public easement. The easement width shall be a minimum of ten feet. A greater width may be determined necessary on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

I. Public Safety.

1. Residential developments shall be constructed in a manner so as to reduce the potential for spread of brushfireswildfires as follows:

a. In the case of a conflict where more restrictive provisions are contained in the uniformadopted and/or locally adopted version(s) of the California Building Code building code or in the uniform fire codeCalifornia Fire Code, the more restrictive provisions shall apply.

b. Roofs shall be covered with noncombustible materials (e.g., clay tile, concrete shake, tile, or similar materials). Open ends shall be stopped in order to prevent bird nests, or other combustible material, lodging within the roof and to prevent entry of flames.

c. Exterior walls and fences shall be surfaced with noncombustible or flame resistive materials.

Alternate surface materials may be approved subject to the approval of the fire chiefcode official and Bbuilding Oofficial. Except as otherwise provided herein, exterior walls shall extend to the ground.

d. Balconies., patio roofs, eaves and other similar overhangs shall be of noncombustible or flame resistive materials.

e. Plastic webbing, split or whole bamboo, reed or straw-like materials, corrugated plastic or fiberglass materials, and similar flammable materials are not permitted for use on patio covers.

f. Vents for attics and underfloor areas shall be designed and located to minimize the likelihood of spreading the spread of fire.

Ordinance No. 26-___

g. Chimneys shall be provided with approved spark arresters.

2. Adequate water supply and pressure for proposed development shall be required in compliance with the proposed development shall be required in compliance with the fire department Standards.

3. The fire chiefcode official shall require brush, vegetation, or combustible debris to be removed and cleared within ten feet on each side of every roadway and access drive, and may enter upon private property to do so. This requirement shall not apply to single specimens of trees, ornamental shrubbery, or cultivated groundcover provided they do not form a means of readily transmitting fire.

4. If the fire chiefcode official determines in a specific case that difficult terrain, danger of erosionerosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he or she may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this chapter.

5. Site design shall provide for all-weather equipment access to publicly maintained slope areas for maintenance and emergency purposes. Secondary access shall be provided, or an alternative method may be considered by the fire code official with evidence to ensure public safety.

6. Structures and facilities shall be restricted in geologically hazardous areas.

7. Special construction features shall be required in the design of structures where site investigations con-firmconfirm potential geologic hazards.

8. Development not on public sewers shall be permitted only after site specific investigations have been conducted that demonstrate the soils are suitable for on-site wastewater disposal and the disposal of wastewater will not degrade the subsurface water quality.

9. Due to the hazard associated with saturated soils in areas of steep slopesslopes, irrigation systems in critical areas that have the potential for failure in the judgement of the city engineerCity Engineer, or their designee, shall be required to be equipped with potentiometers to make sure that the systems will not operate when there is sufficient moisture in the soil.

16.24.070 Hillside Development Guidelines.

The hillside development guidelines are intended to illustrate and amplify the appropriate development concepts for designated hillside areashillside areas. The guidelines are not intended to be an exhaustive list of standards, but rather policy statements, to encourage development that is sensitive to the unique characteristics common to hillside properties. The guidelines allow for flexibility and they encourage creativity, especially where a specific plan is prepared. How-everHowever, the objective development standards provided in Section 16.24.060 shall be considered as a "benchmark" against which hillside development proposals will be reviewed for compliance with the purposes of this chapter.

The guideline's purpose is to allow for innovative or alternate methods of design in hillside areashillside areas. Innovation is encouraged as long as the end result is one that respects the natural character of the hillside and is consistent with the purposes of this chapter and the goals, objectives and policies of the City’s Ggeneral Pplan .

Ordinance No. 26-___

Conformance with the guidelines willshall be incorporated in the preparation and approval of subdivisions and individual site developments. During the application review process, the cityCity will evaluate the consistency of the proposal with the purposes of this chapter. Prior to the start of the design effort, it is recommended that the project design team members read the City’s Ggeneral Pplan and become familiar with its policies.

A. Site Design.

1. Design of building sites shouldshall be sensitive to the natural terrain. Structures shouldshall be located in a way that minimizes gradinggrading and preserves natural features (e.g., prominent knolls, ridgelines, etc.)

2. Preserve views of significant visual features,. as designated on the hillside overlay zone map, as seen from both within and outside a hillside development. When designing lots and plotting homes, the following provisions should be considered:

a. Dwellings should be oriented to allow view opportunities. even though views may be limited.

Residential privacy should not be unreasonably sacrificed; and

b. A significant public vista, skyline, open space corridor, or vertical open space corridor as seen from an interstate, an arterial, or a secondary street should be a major design element in the site planning process.

3. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures.

Ordinance No. 26-___

FIGURE 16.24-10
EXHIBIT 2 - BUILDING PLACEMENT AT A SITE

4. To the extent possible,. the width of a building, measured in the direction of the slope, shouldshall be minimized in order to limit the amount of cutting and tilling and to better "fit" the house to the natural terrain. The degree of slope will dictate how this is accomplishedthe slope will dictate how this is accomplished and shall be demonstrated on the project plans (See Figure 16.24-11 Exhibit 3 – Building Placement at a Site.”

Ordinance No. 26-___

FIGURE 16.24-11
EXHIBIT 3 - BUILDING PLACEMENT AT A SITE

5. Clustering of development is encouraged. in hillside areas regardless of size. This is particularly important in environmentally sensitive areas in order to reduce the potential for tire hazard, erosion and excess runoff, and to preserve existing natural features and open space.

B. Driveways and Roadways.

1. Driveways that serve more than one parcel are encouraged as a method of reducing unnecessary grading grading, paving, and site disturbance.

Ordinance No. 26-___

FIGURE 16.24-12

ROADWAY PLACEMENT AT A SITE

Ordinance No. 26-___

C. Architecture.

1. The form, mass, and profile of the individual buildings and architectural features shouldshall be designed to blend with the natural terrain and preserve the character and profile of the natural slope.

Techniques that should be consideredto accomplish this include:

a. Detaching the garage from the residence;: and

b. Integrating retaining walls into garage walls on sloping lots to reduce grading grading and minimize visibility of walls:; and

c. Including architectural enrichments and variations in roof massing. Roofs should have shall incorporate low profiles (for example 3:12 slope) to minimize their visual impact. On sloping land, the roof pitch shouldshall follow the slope of the hill-side hillside, instead of being perpendicular to the hillside or opposing hillside slopeslope. Care should be taken to avoid the use of gabled ends on downhill elevations. Gable ends shall not be used on downhill elevations. Upper stories shouldshall not be cantilevered out of the opposite direction of the hillside slope.

2. The design of the structure shouldshall give consideration to the lot's size and configuration in order to avoid the appearance of overbuildingbuilding scale and to minimize the blocking of views as demonstrated on the project plans. For example, within a development, the majority of the units should not be designed with minimum setback to minimum setback. See additional criteria as provided under Section 16.08.030 “Single-family Residential Design Standards and Design Features” and Section

16.08.040 “Multi-family Residential Design Standards”.

3. Large expanses of a single material on walls, roofs, or paving areas should be avoided. Create interesting, small scale patterns by breaking up building mass, varying building materials, and through design and placement of windows and doors. Building plans and elevations should be varied throughout a development to avoid a monotonous "cookie-cutter" look.

D. Walls and Fences.

1. Walls and fences can be used to define a sense of place and create an attractive appearance.

However, walls should not dominate a view, and their height should be limited adjacent to a street or trail or within a rear yard. Extensive landscaping should be used to reduce the visual impact of walls. In

Ordinance No. 26-___

addition, street front walls should incorporate varying design and natural materials. The use of open view fencing is encouraged, so long as adequate public safety and residential privacy are maintained.

2. When possible, walls and fences shouldshall be designed as an integral part of the building in order to minimize the visual impact on surrounding areas.

3. Visually obtrusive solid fencing should be avoided in highly visible areas (unless required for sound attenuation), with the preference being for open (wrought iron) fencing.

E. Landscaping.

1. Street trees shouldshall be provided in select areas to enhance the natural character of the areas and to create a more rural appearance. Street tree species selection, and spacing of trees, shouldshall be sensitive to the context in which they are planted. Species selection shouldshall be considered to minimize potential impacts to infrastructure also be respectful of potential impact on infra-structure improvements (i.e. root damage to streets, sidewalks, etc.).

2. SlopesSlopes shouldshall be designed with informal clusters of trees and shrubs to soften and vary the slope planes, consistent with landformlandform gradinggrading concepts.

Ordinance No. 26-___

FIGURE 16.24-13

BUILDING ENVELOPE ON SLOPE

F. Grading.

There are three distinct types of gradinggrading proposed in these guidelines, each with a unique quality, and each with an individual and appropriate application as determined by the City Engineer or designee.

Larger sites will most likely incorporate all three concepts in various parts of the plan.

1. Minimal Grading. This is typically used for large lot single family homes, custom homes with variable foundations that conform to the existing slopesslopes, and other uses that utilize the least amount

Ordinance No. 26-___

of gradinggrading in order to get the facility and structures built. This technique embraces the following concepts:

a. GradingGrading shouldshall be limited to individual flat graded pad areas for residential building sites. GradingGrading shouldshall be limited to only the required building areas and adjacent outdoor amenities in steep hillside areashillside areas;

b. Foundation systems that require little or no gradinggrading are encouraged, forcing the architecture to con-formconform to the land rather than the land to conform to the dwelling;:

c. Roadways, driveways, and individual building pads should be designed to conform with the contours and to attempt to daylight in the center of the road or building pad to ensure a minimum cut and fill situation; and
c. Cut and fill lines delineating the grading activity whereby cut areas adjoining next to fill areas shall be situated outside of areas where differential settlement is not desirable (e.g., roadways, building pads, driveways, etc.);

d. The balancing of gradinggrading is the concept to minimizes the amountvolume of cubic yards of earth excavated and filled.

2. Contour Grading. This concept results in post-development landforms that exhibit many of the characteristics present within natural landforms. ContourContour gradinggrading is typically used in situations where conventional, terraced, gradinggrading with benches and slopesslopes might be used but a "softened" gradinggrading look is desired. This would be desirable for areas that are limited in public view (i.e. concealed rear yards). Typically, contourcontour gradinggrading can reduce required cutcut and fillfill volumes as compared with traditional, terraced, gradinggrading. The design elements associated with this type of gradinggrading include: (See Figure 3-916.24-14 “Contour Grading”)

a. The use of horizontal and vertical curve variations for slope banks creating a curvilinear pattern;

b. Post-development landforms that exhibit natural terrain characteristics (without the heavy modeling effects of landformlandform gradinggrading);

c. A general rounding of slopesslopes at slopeslope intersections and transition zones with natural grade;

d. PadPad configurations that are curvilinear; and

e. SlopesSlopes that are designed with contourcontour gradinggrading techniques (e.g., the location of slopesslopes behind structure (not in side yards), slopesslopes in hidden locations, or slopesslopes less than ten feet in height).

FIGURE 3-9

CONTOUR GRADING
Ordinance No. 26-___

FIGURE 16.24-14

CONTOUR GRADING

FIGURE 3-10

LANDFORM GRADING

Ordinance No. 26-___

FIGURE 16.24-15

LANDFORM GRADING

3. Landform Grading. Graded slopesslopes in this category will replicate the irregular shapes of natural slopesslopes. LandformLandform gradinggrading techniques shouldshall be used whenever slopesslopes are created that will be open to public view. This is particularly true for slopes that exceed ten feet in height.

The intent of these gradinggrading guidelines, is to incorporate the basic principles of the landformlandform gradinggrading concept as the preferred method in the design and construction of hillside development projects. so that they w ill be in harmony with the natural topography and reflect natural plant distribution patterns. (See Figure 3-1016.24-15 “Landform Grading”)

Ordinance No. 26-___

LandformLandform gradinggrading techniques embraceshall incorporate the following concepts:

a. Land plans shouldshall flow with the natural topography rather than against it. This means that street pat-ternspatterns and building padpad configurations shall follow the underlying topographic features rather than cutting across them;:

b. Landform graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into profiles with varying slope gradients and with significant transition zones between man-made and natural slopes;;

c. Pad configurations are irregular. Slope down-draindrainage devices either follow natural lines of the slopes or are tucked away in special Swale and berm combinations in order to conceal the drains from view. Exposed segments in visible areas are treated with natural rock for a more aesthetically pleasing appearance;

d. Theis technique shouldshall be used wherever possible to provide for a variety of both slope percentage, slope direction, and topographical detailing in a three-dimensional, undulating. pattern similar to existing terrain;: and

e. Manufactured cutcut and fillfill slopesslopes exceedingin excess of ten feet in height that will be either exposed to permanent public view or are adjacent to environmentally sensitive areas, shouldshall be designed with features characteristic ofof natural slopesslopes,. This design shall be implemented, where physically feasibleas determined by the City Engineer based on the project plans so that theirthe ultimate appearance will resemble a natural slope. This will includeis applicable to, but not limited to, slopesslopes along streets, and highways, adjacent to parks, schools, open spaces,. other public facilities, and other prominent and visible slopesslopes.

4. The following basic gradinggrading guidelines and techniques serve to implement preferred landformlandform grading techniques and help avoid unnecessary cutcut and fillfill:

a. CutsCuts. When grading into convex landforms (i.e., outward-projecting features), the resulting cuts shall maintain a similarly projecting form and be contoured to blend seamlessly with the undisturbed portions, thereby preserving a natural-appearing landform.When convex shaped natural features. (e.g., protruding minor landforms) are cut, the residual landform should not be a flat slope face, but rather should be restored to resemble the original. This will require more than just rounding at the edges but, in effect, reconfiguring it so the final result will give the appearance of a protruding ridgeline.

b. Use of variable slope ratiosslope ratios. Because Landform grading designs require the use of variable slope ratios at greater than 2:1 and may create valleys or concave indentations on building pad areas, they may result in loss of usable area. In addition, engineering and construction costs may increase.

Be-cause of this, segments of a cut or fill slope may be designed with variable slope ratios less than 2:1, but not less than 1.5: I within the following guidelines and subject to third party review at the applicant's expense: Because landform grading designs require the use of variable slope ratios, this may result in loss of usable area near building pads. Therefore, only cut slopes may be steeper than 2:1, but not steeper than

1.5:1 and shall meet the following guidelines:

1) A geotechnical engineer shall certify that slopesslopes will meet standard stability requirements;
2) A licensed landscape architect shall certify the plantability of the slopes, with an emphasis on the slopes steeper than 2:1; and
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32) The overall ratio from top to toe will be 2:1 or flatter; and

43) Ratios flatter than 2:1 will also be used in the slope design.

c. GradingGrading operations should be plannedshall occur to avoid the rainy season, October fifteenth (15th) to April fifteenth (I 5th15th). GradingGrading permits shall only be issued when a plan for erosion controlerosion and silt retentionsediment control has been approved by the cityCity without regard to time of year. Additionally, those projects also requiring a Storm Water Pollution Prevention Plan (SWPPP) shall obtain approval of the SWPPP prior to any grading permit issuance.

d. A rRounded and smooth transitions should be madeshall occur where when the planes of man- made and natural slopesslopes intersect. Where cutcut or fillfill conditions are created, slopesslopes shouldshall be varied. rather than left at a constant angle or create an unnatural, rigid, `'engineered" appearance. The angle of a graded slopeslope shouldshall be gradually adjusted to the angle of the natural terrain.

e. Manufactured slopesslopes adjacent to roadways shall be consistent with the landformlandform gradinggrading and revegetation techniques., where physically feasible to create visually interesting and pleasing streetscapes. The higher the slope becomes, the more important the modeling effect of landform grading becomes.

f. Top of slope berms shall be used to eliminate the possibility of drainage sheet flow over the slope that would potentially cause an unstable condition. Tops of slopes should be rounded in conformance with landform grading techniques, or increased in size to reduce the visual impact of the back of a home.

f. Slopes shall implement drainage measures as detailed within Sub-article 11 of the City of Murrieta Grading Manual.

G.G. Drainage.

1. Natural drainage courses shouldshall be preserved and enhanced to the extent possiblemaximum extent per the associated National Pollution Discharge Elimination System (NPDES) permit associated with the project site. Rather than filling them in, drainage features should be incorporated as an integral part of the project design in order to enhance the overall quality and aesthetics of a site, to provide attractive open space vistas, and to preserve the natural character of the site. Encourage the use of natural drainage courses as natural boundaries between neighborhoods.

2. Storm drainage runoff resulting from project development should be minimized. Where possible, flood control plans for storm waters should encourage the detention of water for percolation in to the ground-water to conserve it for future uses and to mitigate downstream flooding.The NPDES Permit also requires that a project’s stormwater runoff be retained on-site through filtration to the maximum extent permitted by State law. Runoff not retained on-site shall be conveyed off-site in accordance with City standards, codes, and policies.

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16.24.080 Exceptions.

A. Residential Accessory Structures and Accessory Dwelling Units. This Chapter shall not apply to the development of residential accessory structures and accessory dwelling units on parcels with existing development approvals when the new construction:

1. Does not require the use of a retaining wall; and

2. Meets the criteria as described within Section 16.44.150 (Residential Accessory Uses and Structures) and Section 16.44.160 (Accessory Dwelling Units) and Section 16.02.020 (Exemptions from Land Use Permit Requirements).

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16.24.090 (Reserved).

Reserved for future updates

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16.24.100 Hillside Overlay Map.

A. Refer to the City’s online Geographic Information System (GIS) as an additional mapping resource for project review.

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SECTION 11. Section 16.28.080 (Landscaping Standards) is hereby amended in its entirety to read as follows:

“16.28.080 Landscape Standards.

Landscape areas and materials shall be designed, installed, and maintained in compliance with the following:

A. General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans:

1. Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned;

2. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas;

3. Landscape planting shall be provided for all adjacent public rights-of-way, in compliance with Chapter 16.108 (Improvements);

4. With the exception of single-family residential units, landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of minimum six (6) inch high concrete curbs or other types of barriers as approved by the director;

5. Landscaped areas shall not be less than five (5) feet in width, except where determined by the director;

6. Concrete strips, a minimum of four (4) inches in width, shall be provided to separate all turf areas from other landscaped areas, except for single-family residential landscape projects;

7. Permeable surfaces shall be used wherever permissible in place of impervious paving, to encourage on-site water infiltration and support water conservation measures. Permeable surfaces shall be identified on plans; and

8. Protective tree grates shall be provided for trees planted in pedestrian areas, except for single-family residential landscape projects and as determined by the director.

B. Plant Materials. Plant materials shall be selected and installed to comply with the following requirements:

1. A mix of plant materials shall be provided in compliance with the following table (Table 3-516.28- 2). Calculations documenting the required mix shall be shown on the landscape plan;

Table 3-5TABLE 16.28-2

MINIMUM REQUIRED MIX OF PLANT MATERIALS
Plant Material Minimum Required Percentage
Trees
Twenty-four (24) inch box 35%*
Fifteen- (15) -gallon 65%
Shrubs
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Five- (5-) gallon 70%
One- (1-) gallon (herbaceous only) with city
approval
30%
Groundcover
Coverage within two (2) years 100%
A greater percentage of specimen trees may be utilized with a corresponding reduction in the number of fifteen- (15-) gallon trees subject to the review of the director.

2. Trees for shade shall be provided for buildings/structures, as well as for parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation;

3. Trees shall be planted in areas of public view adjacent to and along structures, at an equivalent of at least one (1) tree per thirty (30) linear feet of structure. Other areas shall provide trees at a ratio of one (1) tree for each three hundred (300) square feet of landscaped area. The clustering of trees is encouraged;

4. Mature specimen trees in thirty-six (36) inch and forty-eight (48) inch boxes shall be provided for large projects in sufficient quantity subject to the approval of the Director, to provide variety and emphasis at main focal areas;

5. All trees shall be staked or guyed (on a case-by-case basis) subject to the review of the director and in compliance with city standards;

6. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic safety sight areas;

7. Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access;

8. Trees planted near public sidewalks or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters and other public improvements; and

9. Groundcover shall be of live plant material. Limited quantities of gravel, colored rock, bark, and similar materials may be used in combination with a living groundcover.”

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SECTION 12. This ordinance was previously reviewed for consistency with the Citywide Comprehensive Development Code in 1998. The standards were originally evaluated and implemented pursuant to the Negative Declaration adopted for implementation of the Comprehensive Development Code on October 28, 1997. Furthermore, the proposed updates have been evaluated for consistency with the current project proposal in consideration of the previously adopted Negative Declaration and the Murrieta General Plan Final Environmental Impact Report (FEIR) and Subsequent Supplemental Environmental Impact Report (SEIR) certified by the City of Murrieta in 2021 (SCH No. 2010111084) in accordance with Public Resources Code Section 21166 and California Environmental Quality Act ( CEQA) Guidelines Section 15162. Based on this evaluation, staff determined that the proposed updates would not result in new significant environmental impacts, a substantial increase in the severity of previously identified impacts , or changed circumstances that would require preparation of a subsequent or supplemental environmental document. Accordingly, the previously adopted environmental documents adequately address the proposed modifications.

SECTION 13. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 14. This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

PASSED AND ADOPTED this ___ day of ________, 202__.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

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Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 26-_____ was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 202__, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk

I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 26-____ was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2026.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2026.

Cristal McDonald, City Clerk

Ordinance No. 26-___