2013-136U Hillside Moratorium Printed at. 9:01 am 3450 Fourteenth$I.
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Phone#. 9515783343
Name: CITY OF MENIFEE
Address: 29714 HAUN R❑
MENIFEE.CA 92586
i
USA
Account* 100144647
Client: CITY OF MENIFEE
plswd By; Kathy Bennett
Fax#: 9516793843
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Start Date: 1212712013
$top Date: 1212712013
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Page 1 of 1
INTERIM URGENCY ORDINANCE NO.2013-136U
AN INTERIM URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF
MENIFEE,CALIFORNIA,ADOPTING A MOR-
ATORIUM ON THE ISSUANCE OF PERMITS
OR OTHER APPROVALS FOR DEVELOP-
MENT ON HILLSIDES, DESIGNATED
SLOPES OR RIDGELINES AND DECLARING
THE URGENCYTHEREOF
WHEREAS,the City of Menifee(,City)has an over-
riding interest In planning and reguloling the use of
ppy within The CityImpllcil in any plan or regula-
Iloa'Ti",s the Cifys interest In mointalning The Cham rat
The Citys neighborhoods.and preserving natural resour-
ces and geologic features that contribule to the oeslhet-
jc and scenic aspects of the community,and that assure
adequate and safe drainage and soli stobillty in hillside
areas;and
WHEREAS,existing and proposed General Pfan poli-
cies support limitations on hillslde and rfdgeline devel-
opment,areas,hot will be nega lively offecled It permits
or other uppmvots for the purpose of phritco ty altering,
grading or developing din.gnaled slopes, hillsides
and/or ndgetines ore tissued prior to establishment of
appropriate development standards and policies;and
WHEREAS,without well considered policies preserv-
ing the natural features of the topography and vistas
now existing within the City,adverse physical,social
and economic consequences will result;and
WHEREAS,In accord with California low,rhe City is
1n the process of omending IIs General Plan to include
Open space Conservation, Community Design,,Safety
and Housing Elements,hat w111 esla6lish policies to
protect and preserve the natural slopes, hillsides and
idg�lines In the Community and to assure that residen-
tial and other development is located and scaled in a
manner that has a minimal effect upon these unique
scenic resources and natural feofures:and
WHEREAS, the natural slopes, hillsides end
ndgetines are located in zones identified In the pro.
posed General Plan with a slope of fifteen percent
orgreater on more than thirty-three percent
(33ro)of the fatal area of a recorded fol,exclusive of
any land localed within an approved Specific Plan;and
WHEREAS,among the policies that have been con-
sidered and recommended for approval by the City's
Planning Commission within the pending comprehen-
sive update to the Citys General Plan and that are beingg
reviewed and considered by the City Council are the fol-
lowing:
Open Space Conservation Policies:
OSC 3.1 Identify and preserve the view corridors
and outstanding scenic vistas within the City.
OSC 3.2 Promote hillside development ttghat re-
es that the
naturallandscape
contourdesigning
of thhe slope.
OSC 3.3 Encourage the use of clustered devel-
opment and other site planning strategies to fa-
cilitate the preservation of the City's natural
landforms.
OSC 3.4 Support the preservation of natural veg-
etation and rock outcroppings during and after
the construction process.
OSC S.1 Preserve and protect significant
archeological.historiq and cullural sitm places,
districts,Slruoures,landforms,objects and na-
tive burinI sites,and other feGlures.
OSC 8.2 Support local and regional efforts to
evaluate, acquire, and protect natural habitats
for sensitive, threatened,and endangered spe-
cies occurring in and around the City.
OSC 8.5 Recognize the impacts new develop-
ment will have on the Citys natural resources
and identify ways to reduce these impacts.
Community Design Element Policies
CR 3.1 Preserve pasilive characteristics and
unique features of a site during the design and
development of a new project;the relationship to
scale and character of adjacent uses should be
considered.
CD 3.2 Maintain and incorporate the City's natu-
ral amenities,including hillsides,indigenous veg-
etation,and rock outcroppings,within proposed
projects
Safety Element
S 2.3 Minimize grading and modifications to the
natural topography to prevent the potential for
man-induced slope failures.
Housing Element
HE 1.7 Community Character. Protect the char-
acterof the community by preserving the unique
rivers,landscape,natural features,and commun-
9features that distinguish Menifee from other
Pies in the region.
WHEREAS,some property owners hove applied for
or ex ressed their intent io apply far and obtain permits
or other approvals for the purpose of physlcolly offering.
on
dl,,, or
there�y elider,minating thllepnatural{unolg
]ered appearance of these unique natural communityy
features contrary to the policies set forth In the pmp.se
comprehensive update to the CHys General Finn and
the values of the community;and
WHEREAS,the City Council has serious concerns
that allowing the issuance of permits or other approval
for the purpose of physicallyY atledng,ggrading or devel-
oping designated slopes,h€Elsides ondlor ridggelines,will
irreparably destroy the natural aesthetic and scenic val-
ue of such resources for the community and may nega-
tively affect drainage and soil stability in such sensitive
areas;and
WHEREAS,the Cry is In the process of developing
zoning and development standards for development
upon designoted stokes,hillsldesand ridgelines to pro-
tect against such risk to the community and to property
owners;and
WHEREAS,the City needs the opportunity and time
to prepare and carry out the gools and poltaes of the
Open S pace,Conservation, Community Design, Safety
and Housing Elements proposed within the comprehen-
sive update to the CiWs General Plan,including an ac-
tion prpgrum as required by Callfarnia Government
Code§65560 et seq,to carry cul those goals and pall-
cies,and most imporfonfly,to create an ordlnonce to ad-
dress land intended to encourage aypropriate consern-
tion of natural land forms]trot would be consistent with
these goofs and policles by fegeding the natural land-
scape and byy]he creation of standards that encourage
homes ihot fit into the natural contours of the land forms
in hillside areas;and
WHEREAS,the City Council finds and determines
that serious health and safety problems may be caused
by the failure]a have adequate standards in place to
oddress hazards that could arise on site or to adjoining
prope rtes if fa i l u res occur,and
WH EREAS,for the reasons set forth obom the City
Council declares that issuance of pertni]s or other
approvols forthe ppurrppose of physdcally altering,grading
or developing desig rialed srlpesr hillsides and/or
ridgefines,thereby el€mmating the natural unaltered op•
pearonce of these unique natural community features
contrary to the policies set forth in the proposed cam•
prehensive update to the Cifys General Plan and the
values of the community present a current and immedۥ
ate threat to the public heaffh,safety,and general vrel-
fare;and
W HE REAS,in light of the concerns noted hereim the
City Council determines it Is In the Interest of protecting
the public health,safely,or welfare to adopt this Interlm
Urgency Ordinance effecting a temporary moratorium
on the issuance of permits or other approvals for The
purppose of physicallyY altering,�ggrading or developing
designoted slopes,hitlsrdes and/or 6 gelines,currently
existing In]he City of Menifee in order to a[tow staff time
fa
amono other related tasks,eraceed with a compre-
hensive study to research and considerpolentiol regula•
ory
tand zoning mhonisms for reguloping issuance of
permits or other opprovois for]he purpose of physically
altering, gradingor developing des E#n❑ted slopes.
hillsides and/or ndgellnes that moy affect visual and
safety aspects of such areas and areas down slape;and
WHEREAS, until such time that staff concludes a
comprehensive study and the City Council determines
whether to adopt new regulatory controls over issuance
of permlls or other approvals for the urpose of physi-
c011y alter rig�gradingg or developing designated stapes,
hlRsides ondlor ridgelines for ony purpose thut may of-
fed visuoI aspects of such existing areos,drainage pat•
lerrrs and sell stability,the community is in jeopardy and
at serlous risk of horn and
WHEREAS, the issuance of permits or other
approvals for the ppurpose of phy5icullyaltering,grading
or developing designated slopes, hillsides ondlor
ridgelines,poor to adoption of apptoprate regulatory
controls would defeat the intent and purpose of}he pro-
posed pro+lsions of the comprehensive update to the
iC iys Gene raI Plan and substontially impair ifs effective
Implerrentollon;and
WHEREAS,in light of the numerous concerns noted
herein,issuance ofppermits or other approvals for the
purpose of physically altering,ggrading or developing
designated slopes,hillsides an or ridgetines that may
affect said slopes rldgotines or hillsides prior to the
sfofps eom MCI of its comprehensive study poses a
currant and immedioie fhreal to the pubilc health solely
and general welfare and therefore Rtis Interim Urgency
Ordinance prevents a current and immediate threat to
the public health,safety,and general welfare:and
WHEREA5,Govemment Code§65858 expressly au-
thorizes the City Council to adopf an Interim Urgency
Ord inonce to protect the publk health,safety and wel-
fare,and 10 prohibit a use that may be In conflict with a
contemplated General Plan,specific plan,or ronin9 pro-
pposol that Clty staff is considering or studying or Intends
fo study within a reasonable time.
NOW,THEREFORE,THE CITY COUNCIL OF THE
CITY OF MENIFEE DOES HEREBY ORDAIN AS
FOLLOWS:
SECTiQN i.Recilats Incoroaraled:umencv Findinas,
The City Council of the elty of Menifee finds thin the
above recitals are true and correct,that the above recl-
tels taken together constitute the City Council's legisla-
tive findings and statement of reasons for the necessityy
and urgency of this Ordinance,and that the above reci.
tals are incorporated herein by reference as if set forth
In full.
SECTION 2_Definition_'Designated Slope,Hillside of
Ridyline Propperty'means property located in any zone
Iden In the proposed comprehensive update to the
Ci"General Plan with a slope of fifteen percent(15%)
or greater on more than thirty-three percent(33%)of
the total area of a recorded lot exclusive of any tond 10-
coted within an approved Specific Pian.
SECTION 3.Maraloriium. From the effective date of
this Interim UrgencyOrdinance and continuing for a pe•
riod of forty-five (45) days, unless extended, or until
such time as the C.dy establishes a procedure for the
regulation of permits orother approvals reloling to Des-
ignated Slope,Hillside or Ridgeline Property,whichover
occurs first,no use permit,variance,building permit,or
any other eni Clement for use shall be approved or is-
sued for the construction or use of any sucfr structure or
land.
SECT[ON 4.Enforcement of Existinalaws Pending
review and amendment of the Cifys existing regulations
relating lathe issuance of gpermils or other opgprovais for
the purpose of physically oltering,gradingp ar deve19pmg
designated stapes,hillsides an or rid Naas within the
Ci all currently exlsfing provislans of the Citys Munlcl-
paf Code and zoning ordinance are to be fully enforced
in accordance with low.
SECTION 5.Authority and Effect, This Interim Up
gency Ordinance is enacted pursuant to the authority
conferred upon the City Coundl of the City of Menifee
by Government Cade§65858 and shall be in full force
and effect immedlalelyy upon Its adoption by a four-fifths
(415)vote of the City Council as if,and to the same ex-
lent that,such ordinance had been adapted pursuant to
each of the individual sections set forth hereinabove.
SECTION 6.Penailies_ The definitions and penalties
for Municipal Cade violations that ore prescribed in the
Menifee hAunldpol Code shall applyy to violations of The
provisions of this Interim Urrggency 9rdlnance and to en-
forcement of exisling provisions of the Menifee Munld-
pak Code and zoning ordinance in matters relating t0 the
Issuance of permits or other opprovalS for the purpose
of physioallY ollering gradingg ordevekoping designated
slopes,htllsydes ar or ridgellnes.
SECTION 7, Severobinty, If any section,subsection,
sentence,Clause,or phrase of Ibis Ordinance is for any
reason held to be invalid or unconstitutionoI by a deci-
sion ofany Court Of any compotenl iu(isdiction,such de-
cision shall not affect the validity Of the rcmolning par-
lions of this Ordinance. The City Council hereby de-
clares that it would have possed this Ordinance.and
eaeh and every section,subsection,sentence,clause
and phrase thereof not declared invalid or uncanstitu•
tionol without regord to whether any portion Of the ordl-
nonce would be subsequently declared invalid or un-
constitutional.
SECTION S.Certificaiian_and_Publistilrig. The City
Clerk sholl certify as to the possage and adoption of this
Intefm Urgency Ordinance and shot1 cause Phe some to
be published in a manner prescribed by low.
APPROVED,and ADOPTED this 18th day of Decem-
ber,2013.
Scott A.Mann,Mayor
Approved as to Form:
Julie Hayward Biggs,City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALI-
TY
1,KATHY BENNETT,City Clerk of the City of Menifee,
do hereby attest to and certify the oRached Ordinance
No.13.13611 to be the origin al Ordinance adopted by the
City Council of the City of Menifee on December 10,
2073 and That said ordinance wos published in accord-
ance wish the law,
Date;
Kathy Bennett,City Clerk
The vote is as follows:
Ayes: August,Denver,Edgerton,Mann
Noes: None
Abstain: Fuhrrnan(announced conflict)
Absent: None 12127