2013-136U Hillside_Ridgelines Moratorium INTERIM URGENCY ORDINANCE NO. 2013-136U
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MENIFEE, CALIFORNIA, ADOPTING A MORATORIUM ON
THE ISSUANCE OF PERMITS OR OTHER APPROVALS FOR
DEVELOPMENT ON HILLSIDES, DESIGNATED SLOPES OR
RIDGELINES AND DECLARING THE URGENCY THEREOF
WHEREAS, the City of Menifee ("City") has an overriding interest in planning and
regulating the use of property within the City. Implicit in any plan or regulation is the City's
interest in maintaining the character of the City's neighborhoods, and preserving natural
resources and geologic features that contribute to the aesthetic and scenic aspects of the
community, and that assure adequate and safe drainage and soil stability in hillside areas; and
WHEREAS, existing and proposed General Plan policies support limitations on hillside
and ridgeline development, areas that will be negatively affected if permits or other approvals for
the purpose of physically altering, grading or developing designated slopes, hillsides and/or
ridgelines are issued prior to establishment of appropriate development standards and policies;
and
WHEREAS, without well considered policies preserving 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 law, the City is in the process of amending its
General Plan to include Open Space-Conservation, Community Design, Safety and Housing
Elements that will establish policies to protect and preserve the natural slopes, hillsides and
ridgelines in the community and to assure that residential and other development is located and
scaled in a manner that has a minimal effect upon these unique scenic resources and natural
features; and
WHEREAS, the natural slopes, hillsides and ridgelines are located in zones identified in
the proposed 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 land located within an
approved Specific Plan; and
WHEREAS, among the policies that have been considered and recommended for
approval by the City's Planning Commission within the pending comprehensive update to the
City's General Plan and that are being reviewed and considered by the City Council are the
following:
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 that respects the natural
landscape by designing houses that fit into the natural contours of the
slope.
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OSC 3.3 Encourage the use of clustered development and other site
planning strategies to facilitate the preservation of the City's natural
landforms.
OSC 3.4 Support the preservation of natural vegetation and rock
outcroppings during and after the construction process.
OSC 5.1 Preserve and protect significant archeological, historic, and
cultural sites, places, districts, structures, landforms, objects and native
burial sites, and other features.
OSC 8.2 Support local and regional efforts to evaluate, acquire, and
protect natural habitats for sensitive, threatened, and endangered species
occurring in and around the City.
OSC 8.5 Recognize the impacts new development will have on the City's
natural resources and identify ways to reduce these impacts.
Community Design Element Policies
CD 3.1 Preserve positive 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 natural amenities, including
hillsides, indigenous vegetation, 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 character of the community by
preserving the unique rivers, landscape, natural features, and community
features that distinguish Menifee from other cities in the region.
WHEREAS, some property owners have applied for or expressed their intent to apply for
and obtain permits or other approvals for the purpose of physically altering, grading or
developing designated slopes, hillsides and/or ridgelines, thereby eliminating the natural
unaltered appearance of these unique natural community features contrary to the policies set
forth in the proposed comprehensive update to the City's General Plan 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 physically altering, grading or developing designated
slopes, hillsides and/or ridgelines, will irreparably destroy the natural aesthetic and scenic value
of such resources for the community and may negatively affect drainage and soil stability in
such sensitive areas; and
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WHEREAS, the City is in the process of developing zoning and development standards
for development upon designated slopes, hillsides and ridgelines to protect 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 goals
and policies of the Open Space-Conservation, Community Design, Safety and Housing
Elements proposed within the comprehensive update to the City's General Plan, including an
action program as required by California Government Code § 65560 et seq. to carry out those
goals and policies, and most importantly, to create an ordinance to address land intended to
encourage appropriate conservation of natural land forms that would be consistent with these
goals and policies by respecting the natural landscape and by the creation of standards that
encourage homes that 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 to have adequate standards in place to address hazards
that could arise on site or to adjoining properties if failures occur; and
WHEREAS, for the reasons set forth above, the City Council declares that issuance of
permits or other approvals for the purpose of physically altering, grading or developing
designated slopes, hillsides and/or ridgelines, thereby eliminating the natural unaltered
appearance of these unique natural community features contrary to the policies set forth in the
proposed comprehensive update to the City's General Plan and the values of the community
present a current and immediate threat to the public health, safety, and general welfare; and
WHEREAS, in light of the concerns noted herein, the City Council determines it is in the
interest of protecting the public health, safety, or welfare to adopt this Interim Urgency
Ordinance effecting a temporary moratorium on the issuance of permits or other approvals for
the purpose of physically altering, grading or developing designated slopes, hillsides and/or
ridgelines, currently existing in the City of Menifee in order to allow staff time to, among other
related tasks, proceed with a comprehensive study to research and consider potential regulatory
and zoning mechanisms for regulating issuance of permits or other approvals for the purpose of
physically altering, grading or developing designated slopes, hillsides and/or ridgelines that may
affect visual and safety aspects of such areas and areas down slope; 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 permits or other
approvals for the purpose of physically altering, grading or developing designated slopes,
hillsides and/or ridgelines, for any purpose that may affect visual aspects of such existing areas,
drainage patterns and soil stability, the community is in jeopardy and at serious risk of harm;
and
WHEREAS, the issuance of permits or other approvals for the purpose of physically
altering, grading or developing designated slopes, hillsides and/or ridgelines, prior to adoption of
appropriate regulatory controls would defeat the intent and purpose of the proposed provisions
of the comprehensive update to the City's General Plan and substantially impair its effective
implementation; and
WHEREAS, in light of the numerous concerns noted herein, issuance of permits or other
approvals for the purpose of physically altering, grading or developing designated slopes,
hillsides and/or ridgelines that may affect said slopes, ridgelines or hillsides prior to the staffs
completion of its comprehensive study poses a current and immediate threat to the public
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health, safety and general welfare, and therefore this Interim Urgency Ordinance prevents a
current and immediate threat to the public health, safety, and general welfare; and
WHEREAS, Government Code § 65858 expressly authorizes the City Council to adopt
an Interim Urgency Ordinance to protect the public health, safety, and welfare, and to prohibit a
use that may be in conflict with a contemplated General Plan, specific plan, or zoning proposal
that City staff is considering or studying or intends to study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated: Urgency Findings, The City Council of the City of
Menifee finds that the above recitals are true and correct, that the above recitals taken together
constitute the City Council's legislative findings and statement of reasons for the necessity and
urgency of this Ordinance, and that the above recitals are incorporated herein by reference as if
set forth in full.
SECTION 2. Definition. "Designated Slope, Hillside or Ridgeline Property" means
property located in any zone identified in the proposed comprehensive update to the City's
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 land located within an approved
Specific Plan.
SECTION 3. Moratorium. From the effective date of this Interim Urgency Ordinance and
continuing for a period of forty-five (45) days, unless extended, or until such time as the City
establishes a procedure for the regulation of permits or other approvals relating to Designated
Slope, Hillside or Ridgeline Property, whichever occurs first, no use permit, variance, building
permit, or any other entitlement for use shall be approved or issued for the construction or use
of any such structure or land.
SECTION 4. Enforcement of Existing Laws. Pending review and amendment of the
City's existing regulations relating to the issuance of permits or other approvals for the purpose
of physically altering, grading or developing designated slopes, hillsides and/or ridgelines within
the City, all currently existing provisions of the City's Municipal Code and zoning ordinance are
to be fully enforced in accordance with law.
SECTION 5. Authority and Effect. This Interim Urgency Ordinance is enacted pursuant
to the authority conferred upon the City Council of the City of Menifee by Government Code §
65858 and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5)
vote of the City Council as if, and to the same extent that, such ordinance had been adopted
pursuant to each of the individual sections set forth hereinabove.
SECTION 6. Penalties. The definitions and penalties for Municipal Code violations that
are prescribed in the Menifee Municipal Code shall apply to violations of the provisions of this
Interim Urgency Ordinance and to enforcement of existing provisions of the Menifee Municipal
Code and zoning ordinance in matters relating to the issuance of permits or other approvals for
the purpose of physically altering, grading or developing designated slopes, hillsides and/or
ridgelines.
SECTION 7. Severability. 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
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this ordinance. The Cit Council hereby declares that it would have passed this ordinance and
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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 8. Certification and Publishing. The City Clerk shall certify as to the passage
and adoption of this Interim Urgency Ordinance and shall cause the same to be published in a
manner prescribed by law.
APPROVED, and ADOPTED this 181h day of Decemb13.
Scott A. Mann, Mayor
Approved as to Form:
J e Hayward igg ity Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 13-136U to be the original ordinance adopted by the City Council of the
City of Menifee on December 18, 2013 and that said ordinance was published in accordance
with the law.
Date: �i ��
Kathy Bennett, City Clerk
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