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2014-148 Hillside Development ORDINANCE No. 2014-148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, FINDING THAT CODE AMENDMENT DCA 2014-057 IS EXEMPT FROM ENVIRONMENTAL REVIEW AND AMENDING THE MENIFEE MUNICIPAL CODE BY ADOPTING NEW CHAPTERS 9.12 "SLOPE, HILLSIDE AND RIDGELINE DEVELOPMENT" AND 9.14 "HILLSIDE DEVELOPMENT DENSITY TRANSFERS" TO ADDRESS HILLSIDE DEVELOPMENT Whereas, on October 1, 2008, the City of Menifee incorporated, becoming the local government authority for the City's corporate boundaries; and Whereas, on December 18, 2013, following the certification of an Environmental Impact Report (State Clearinghouse # 2012071033), the City Council of the City of Menifee adopted a comprehensive General Plan for the City, including Goals and Policies for the safe and responsible growth and development of the community; and Whereas, in late 2013 in reviewing the proposed General Plan, the City Council directed staff to assemble and forward to the Planning Commission for review and recommendation, the creation of a new Hillside Ordinance to establish the standards and criteria for development of property anywhere within the community with designated slopes, hillsides or ridgelines; and Whereas, on multiple public hearings in 2013 and 2014, the City of Menifee Planning Commission received information regarding possible standards and criteria for the development of hillside properties, providing guidance to staff as to language for a possible Code Amendment addressing hillside development; and Whereas, on March 11, 2014, March 24, 2014 and on April 8, 2014 the Planning Commission held duly noticed public hearings on the recommended Notice of Exemption and proposed Code Amendment by way of DCA 2014-057, considered all public testimony as well as all materials in the staff report and accompanying documents to establish new Chapters 9.12 "Slope, Hillside and Ridgeline Development" and 9.14 "Hillside Development Density Transfers", and following a discussion and guidance to staff continued the open public hearing to a special Commission meeting on March 24, 2014; and Whereas, at the April 8, 2014 Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, the Commission considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts the Amendment may have upon the environment, and the Amendment's consistency with the Environmental Impact Report adopted for the City's newly adopted General Plan; and Whereas, at the April 8, 2014 Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, the Commission considered the Goals and Policies of the City's adopted General Plan as stated below; and 1 City of Menifee Ordinance No. 2014-148 Hillside Development 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 its hillsides, indigenous vegetation, and rock outcroppings, within proposed projects. S-2.3 Minimize grading and modifications to the natural topography to prevent the potential for man-induced slope failures. LU-1.8 Ensure new development is carefully designed to avoid or incorporate natural features, including washes, creeks, and hillsides. OCS-3.1 Identify and preserve the view corridors and outstanding scenic vistas within the City. OCS-3.2 Promote hillside development that respects the natural landscape by designing houses that fit into the natural contours of the slope. OCS-3.3 Encourage the use of clustered development and other site planning strategies to facilitate the preservation of the City's natural landforms. OCS-3.4 Support the preservation of natural vegetation and rock outcroppings during and after the construction process. OCS-5.1 Preserve and protect significant archeological, historic, and cultural sites, places, districts, structures, landforms, objects and native burial sites, and other features, such as Ringing Rock and Grandmother Oak, consistent with state law. OCS-8.5 Recognize the impacts new development will have on the City's natural resources and identify ways to reduce these impacts. OCS-8.8 Implement and follow MSHCP goals and policies when making discretionary actions pursuant to Section 13 of the Implementing Agreement. Whereas, at the April 8, 2014 Planning Commission public hearing, the materials within the staff report and accompanying documents, as required by Riverside County Ordinance No. 348 (adopted by the City of Menifee with regard to amendments to the Zoning Code), illustrate to the Commission that the proposed Code Amendment by way of DCA 2014-057 is consistent with, conforms to and fulfills the Goals and Policies of the adopted General Plan as listed above; Whereas, on May 9, 2014, a Municipal Code Amendment by way of DCA 2014- 057 was publicly noticed within The Press Enterprise, a newspaper of general circulation, of a public hearing before the City of Menifee City Council scheduled for May 21, 2014; and Whereas, on May 21, 2014, July 2, 2014 and July 30, 2014, the City Council of 2 City of Menifee Ordinance No. 2014-148 Hillside Development the City of Menifee held duly noticed public hearings on the recommended Notice of Exemption and proposed Code Amendment by way of DCA 2014-057, considered all public testimony as well as all materials in the staff reports and accompanying documents to establish new Chapters 9.12 "Slope, Hillside and Ridgeline Development" and 9.14 "Hillside Development Density Transfers"; and Whereas, at the May 21, 2014, July 2, 2014 and July 30, 2014 City Council public hearings, the materials within the staff reports and accompanying documents, as required by Riverside County Ordinance No. 348 (adopted by the City of Menifee with regard to amendments to the Zoning Code), illustrated to the Council that the proposed Code Amendment by way of DCA 2014-057 is consistent with, conforms to and fulfills the Goals and Policies of the adopted General Plan as listed above; and Whereas, the City has complied with the California Environmental Quality Act (CEQA) and the draft Notice of Exemption is an accurate and objective statement that fully complies with CEQA, the CEQA guidelines and represents the independent judgment of the City Council of the City of Menifee. Now, therefore, the City Council of the City of Menifee does ordain as follows: Section 1.That in light of the whole of the record before it, including, but not limited to, the staff report, public comment, the City's Certified Environmental Impact Report for the adopted General Plan and the CEQA guidelines, and for the reasons detailed upon the attached Notice of Exemption, that the City Council finds that the proposed Code Amendment is exempt from further environmental review and authorizes staff to sign and forward the Notice of Exemption. Section 2. That the City Council of the City of Menifee finds that the proposed Code Amendment by way of DCA 2014-057 is consistent with the Goals and Policies of the City's adopted General Plan as enumerated above. Section 3. That the City Council of the City of Menifee finds that the proposed Code Amendment by way of DCA 2014-057 is consistent with the requirements of the Menifee Municipal Code regarding the process of amending the Municipal Code. Section 4. That the City Council adopts a new Chapter 9.12 "Slope, Hillside and Ridgeline Development" of the Menifee Municipal Code to read as follows: "Chapter 9.12 Slope, Hillside and Ridgeline Development Sections: Section 9.12.010 Purpose and Applicability Section 9.12.020 Hillside Development Section 9.12.030 Adjustments Section 9.12.010 Purpose and Applicability The purpose of this Chapter is to establish the standards and criteria under which identified residential properties with designated slopes, hillsides and ridgelines may be developed in a manner that is consistent with the Goals and Policies of the City's 3 City of Menifee Ordinance No. 2014-148 Hillside Development adopted General Plan, promotes the health, safety and welfare of the residents and visitors to the community, and allows for residential development that is beneficial to both the property owner and the community. These standards shall apply to designated residential properties with natural slopes, hillsides and ridgelines that are located in zones identified in the adopted 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 as illustrated upon the Hillside Overlay Map. This Chapter shall apply to all new residential construction upon all designated slopes, hillsides and ridgelines subject to this Chapter, including all accessory or associated structures, building or improvements. These standards shall not apply to any Project that has a City approved tentative tract map or grading permit or other entitlement in place that is consistent with the restrictive regulations previously in effect prior to adoption of the City's General Plan update on December 18, 2013. Section 9.12.020 Hillside Development These Hillside Design Standards and Guidelines are intended to facilitate the appropriate development of hillside residential areas and apply within areas subject to the Hillside Overlay as illustrated upon the Hillside Overlay Map. Standards and figures are provided herein to illustrate the goals of these Code provisions. A. Site Design. 1. Standards. a. To the extent possible, the width of a building, measured in the direction of the slope, shall be minimized to limit the amount of cutting and filling and to better "fit" the house to the natural terrain. 2. Guidelines. a. Design of building sites should be sensitive to the natural terrain and structures should be located in a manner to minimize necessary grading and to preserve natural features such as prominent knolls or ridgelines. b. In steeper terrain (twenty percent {20%) slope and greater), front yard setbacks may be reduced to a minimum of twenty (20) feet from back of curb or back of sidewalk, whichever is more restrictive, to minimize rear yard grading. 4 City of Menifee Ordinance No. 2014-148 Hillside Development FIGURE 9.12.020-1 MINIMIZE UNNECESSARY GRADING DOTH 15 B. Views. Preserve views of significant visual features as seen from both within and outside a hillside development. When designing lots and plotting homes, the following standards and guidelines shall apply: 1. Standards. a. Any significant public vista or view corridor as seen from a General Plan defined "major" or higher roadway classification shall be maintained, and/or from any roadway identified as an Enhanced Landscape Corridor identified on Exhibit CD-2 of the General Plan. Structures shall not be allowed to extend above ridgelines as viewed from the above noted General Plan defined "major" or higher roadway classification. FIGURE 9.12.020-2 RETAIN INTEGRITY OF NATURAL SLOPE Retain the integrity of the natural slope e 5 City of Menifee Ordinance No. 2014-148 Hillside Development Over-emphasized vertical structures disrupt the natural silhouette of the hillside � 1 Ii + i ^4y W. ♦ygVki �y 2. Guidelines. a. Homes should be oriented to allow view opportunities, although such views may be limited; however, residential privacy should not be unreasonably sacrificed. b. Projects should incorporate clustering consistent with Chapter 9.14 "Hillside Development Density Transfers", variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features and offer views to residents, without creating visual obstructions to the natural hillsides and ridgelines. FIGURE 9.12.020-3 PRESERVE OPEN SPACE WITH CLUSTERING w• ,.,.„., G(insl parrklmg CPQ Clwavar__... Rooflhoee fUtivsv,+ Prroarmiirarrk danall na1ar;nl slul�g5 -M •»,.., ---C:Wi.ter WIQ V01m1"ys•— Antsdp&ye9awmmiclge LetwonClluisters wheMei^1 sibllo 6 City of Menifee Ordinance No. 2014-148 Hillside Development C. Whenever possible, as based on the overall parcel configuration and orientation, homes should be designed to front onto east—west streets or should be plotted to follow the natural contours rather than fronting onto north—south streets. d. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures, thereby hiding the slope behind the structure. FIGURE 9.12.020-4 PLACE MANUFACTURED SLOPES BEHIND BUILDINGS a. Mi 16b Street e ••Larger manufactured slopes should be located on theuphill side of the structure to reduce the appearance of grading from the street Slopes should be rounded to provide a more natural appearance Eli e Street e. Clustering of development through Density Transfer consistent with Chapter 9.14 "Hillside Development Density Transfers", should be encouraged in environmentally sensitive areas as a means to reduce the potential for fire hazard and spread, erosion and excess runoff and to preserve existing natural features and open space. C. Roadways and Driveways. 1. Standards. a. Conform roadways to the natural landform. The physical and visual character of a hillside shall not be altered by creating large notches in ridgelines or by defining wide straight alignments. Reduced road sections, split sections, and parking bays shall be used in the layout of hillside 7 City of Menifee Ordinance No. 2014-148 Hillside Development streets to reduce grading. FIGURE 9.12.020-5 VARY ROADWAY CROSS-SECTIONS BASED ON SLOPE e• SLOPES „.Sidewalk Passible trail^ Roadway, i Separate sidewalk.„ Stabilize and reforest No parking disturbed banks Split section Roadway— Parking oadway Parking bay b. Where road construction is permitted in hillside areas, the extent of vegetation and visual disruption shall be minimized by the use of retaining structures and contour grading to approximate the natural slope. The view along a street front shall create a pleasant appearance with a sense of open space and landscaping. Landscaping and wall plans shall be submitted to and approved by the Community Development Department with the submission of grading plans to achieve this requirement. Some techniques include the following: i. Utilize landform planting in a manner to create a 8 City of Menifee Ordinance No. 2014-148 Hillside Development natural appearance and provide a sense of privacy. ii. Reduce the impact of grading and resulting retaining walls by creating visual interest with the combined use of terraced or crib walls, landscaping and variations in the texture and pattern of sidewalks and wall materials. iii. Where adjacent to a steep hillside, minimizing right-of-way grading using a transition to a natural landscape, can be utilized to provide an open and more rural appearance. iv. A split roadway increases the amount and appearance of landscaping, and the median can be used to handle drainage. V. Where retaining walls are proven to be absolutely necessary adjacent to roadways or within street setbacks, they shall be limited to three (3) feet in height to avoid obstruction of motorists' and pedestrians' field of view and to create an aesthetically pleasing streetscape. Otherwise, terraced or stepped structures shall be utilized which are separated by a minimum of three (3) feet and appropriate landscaping. FIGURE 9.12.020-6 PRESERVE EXISTING LANDFORMS IN ROADWAY DESIGNS e t ROL]nd 0 I scat slope to conform to the mow ra8 coolo uof the hill cut ssnpe Into H6Es,de 9laadnvnry - Roadway — Round off cut slope 1GatsIteep fne palithu to Rantow small knobs W1 laacuuner aslxablislao d `mow roadway cut to conform ^h,w aoobway aarnahniinrg to 1310 nasural gisrde lkonn rmawuy ewir Vista. Roadway R'loadway 9 City of Menifee Ordinance No. 2014-148 Hillside Development Round 019 cul SIopt. .. .. .... Soiltiranrlrvvn^y s+aa lnnf trry;fss rar9ln trf taaccnnvrroa0!arca.�grn�Ue ! QJ' 9 ' w+.�'w charr zi ti nscol"Madedm one wh,� lewall 111011wduy Roadway txaaudwrny ADICI my C. Driveways that serve more than one parcel are encouraged as a method of reducing unnecessary grading, paving and site disturbance. FIGURE 9.12.020-7 GANG DRIVEWAYS TO REDUCE GRADING i I 1 d. Driveway grades above fifteen percent (15%) shall be permitted up to a maximum of twenty percent (20%) provided they are aligned with the natural contours of the land, if determined necessary to achieve site design, and if all safety considerations have been met to the satisfaction of Building and Fire officials. Proper design considerations shall be employed, including such items as vertical curves and parking landings. In all cases, parking landings shall be utilized on all driveways with a slope of over ten percent (10%) grade. e. Driveways shall not be permitted that exceed twenty percent (20%) slope except that one length, not at the point of access, of not more than ten (10) feet may have a slope of twenty-two percent (22%). f. On driveways with a slope of fifteen percent (15%) or greater, asphalt or concrete paving material with grooves for traction must be incorporated into the construction. 10 City of Menifee Ordinance No. 2014-148 Hillside Development These driveways shall not exceed one hundred (100) feet in length from bottom of approach to structure. Driveways with a slope of less than fifteen percent (15%) shall conform to standard driveway requirements of the Municipal Code. g. Retaining walls, not to exceed four (4) feet in height, shall be permitted for soil stabilization adjacent to a driveway; except that within the minimum required street front setback area individual retaining walls shall not exceed three (3)feet in height. Otherwise, terraced retaining walls shall be utilized which are separated by a minimum of three (3) feet and appropriate landscaping. h. Adjacent to driveways, slopes no greater than fifty percent (50%) (a ratio of 2:1) will be permitted, for a maximum vertical height of ten (10) feet. i. Driveways shall enter public/private streets maintaining adequate line of sight. j. Within the right-of-way, driveways shall not be located within five (5) feet of any side property line. Exceptions may be considered based on lot size, percentage of slope and use as a common (joint) driveway. D. Architecture. The form, mass and profile of the individual buildings built upon any residential property subject to the Hillside Overlay and all associated architectural features of such structures should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Plans for individual homes and/or allowed accessory structures located upon residential property subject to the requirements of the Hillside Overlay shall be reviewed and approved by the Community Development Department for conformity to this Chapter before Building Permits shall be issued. 1. Standards. a. Terrace the building to follow the slope. Where possible, use roofs on lower levels for the deck open spaces of upper levels. Where decks are provided, they shall be a minimum of six (6) feet in width to provide adequate usable area and to effectively break up the mass of the structure's appearance. b. Use split pads, stepped footings and grade separations to permit structure to step up the natural slope. Rooflines should terrace with the pad. Rooflines shall not extend above any ridgeline as viewed from a General Plan defined "major" or higher roadway classification. 11 City of Menifee Ordinance No. 2014-148 Hillside Development FIGURE 9.12.020-8 FOUNDATION TYPES ON HILLSIDES Steeped slab foundation Pole foundation Stringer foundation t C. Detach parts of a dwelling such as a garage. d. Avoid the use of gable ends on downhill elevations. The roof slope should be oriented in the same direction as the natural slope. FIGURE 9.12.020-9 AVOID GABLED ENDS ON DOWNHILL ELEVATIONS it ®• Roof slopeapproxinnotes Avoid large gable ends an The slope ofthe lhilldestroys that of hillside and follows downhill elevations. the relationship between Itsdirection. Build!ng hugs the hillside and the building ground faun better, and increasesthe building's effeettive bulk. i, .,0-1 12 City of Menifee Ordinance No. 2014-148 Hillside Development FIGURE 9.12.020-10 AVOID LARGE ROOF OVERHANGS a . • Terracing reduces bulk Camllever makes building appear taller,mare Monumental 99 It. I Effective rffectree i bulk bulk Smaller overhangs for individual floors or Excestilveroofove.rii ngrasultsin additional windows Help breakup mass and protect vtsualbulk against excessive suu711ght g i , L`-ffectiva ,[ 3 EfPective bully bulk Il FIGURE 9.12.020-11 "A" CONFORM DESIGN OF STRUCTURE TO SLOPE Qownhill Lot •..,... � Large root sections to Heigttt� ,,,.,:' "';�. parallel the average slope Street ,; r 1 ~�'�:` %cttWngenvelope I ti, I Xotpxirn^urm., allowed r„ e. The building envelope for all residential and associated accessory structures shall be as follows: i. Downhill lot. An overall maximum height of thirty (30) feet for any portion of a structure built upon a downhill lot is permitted, as measured from finished grade, from the minimum front setback line extending toward 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 13 City of Menifee Ordinance No. 2014-148 Hillside Development (30) feet as measured from finished grade. ii. Uphill lot. A maximum height of fifteen (15) feet is permitted at the minimum front setback and shall extend up and toward the rear of the lot at a forty- five (45) degree angle to a maximum overall height of thirty (30) feet as measured from finished grade. A 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. FIGURE 9.12.020-11 "B" CONFORM DESIGN OF STRUCTURE TO SLOPE `• Downhill Lot Street. '� r411�nuod � M1�3minrenai. *,. ItCi(Plu. 1 alkwgl Building Envelope Uphill Lat Building Envelope 45 Degree Slope FrontSetback line Property Line Street iii. Cross-slope lots. A maximum overall height of thirty (30) feet is permitted, as measured from finished grade, from the minimum front setback extending toward 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 of thirty (30) feet 14 City of Menifee Ordinance No. 2014-148 Hillside Development as measured from finished grade. f. Excavate underground or utilize below-grade rooms to reduce effective bulk and to provide energy-efficient and environmentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of grading and landscaping techniques. For example, the use of earth berms around the lower part of the house minimizes larger visual expanses of wall areas and functions as a natural solar heating and cooling insulator. g. Exterior structural supports and undersides of floors and decks not enclosed by walls will be prohibited except where it can be proven that no alternative type of construction is feasible and that fire safety and aesthetic considerations have been adequately addressed. h. Architectural design including building orientation and the placement of doors (including garage doors) and windows shall be designed to accommodate prevailing winds and energy efficiency. i. The design of the structure shall give consideration to the lot's size and configuration to avoid the appearance of overbuilding or crowding of the site, and to minimize blocking of views of surrounding properties. 2. Guidelines. a. Avoid large expanses of a single material on walls or paving areas. Create interesting, small-scale patterns by breaking up building mass, varying building materials, and through design and placement of windows and doors. b. Building materials and color schemes should blend with the natural landscape. Treated wood or materials of a wood-like appearance, having the necessary fire-retardant characteristics, are encouraged for exterior surfaces. Where exterior stucco is used, it should have a final coat of integrated color in a muted earth tone. Contrasting color accents should be kept to a minimum, particularly on the view side. Use of other natural materials, such as decorative rock, is encouraged. E. Walls and Fences. 1. Guidelines. a. 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 15 City of Menifee Ordinance No. 2014-148 Hillside Development to a public right-of-way, trail or within a rear yard. Terracing and extensive landscaping can reduce the effective appearance of bulk. In 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. b. Fences will be allowed to provide a private outdoor area. These fences shall be designed as an integral part of the building and in a manner to minimize the visual impact on surrounding areas. 2. Standards. a. Walls and fences shall integrate materials and colors used in the structure's fagade. Naturally occurring materials, such as decorative rock, shall be used whenever possible. b. 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. The maximum height of a retaining wall visible from a public right-of-way shall be as detailed below. All such walls shall incorporate earth tome colors. C. Walls that are an integral part of the structure, essential to allow the architecture proposed, may exceed eight (8) feet in height, up to a maximum of ten (10) feet in height, but only where their visual impact will be mitigated through contour grading and landscape techniques. d. Retaining walls are limited to: i. One upslope (from the structure) not to exceed four(4) feet in height. Otherwise, terraced retaining structures shall be utilized which are separated by a minimum of three (3) feet and appropriate landscaping. ii. One downslope from the structure not to exceed four (4) feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions (such as lot configuration, steep slope or road design), the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall not exceed three (3) feet in height and shall be separated by a minimum of three (3) feet and appropriate landscaping. Terracing shall be employed only as the last option available to allow development 16 City of Menifee Ordinance No. 2014-148 Hillside Development of a site. 9.12.020-12 FENCING ON HILLSIDES f 11,w. { Highly visible solid wall r'I Retaining wall exceeds 4.0' (not allowed) No screening Planting naturally Fellows the average slope "A' Open see-through lancing that Wends lMc the natural onvlrcxmment 4.0'hOgh maximum tY retaining wall $closing required ti trarnsluon ares iii. On lots sloping with the street, and other configurations not discussed above one retaining t o wall not exceed three and a half (3.5) feet in height, may be used in a side yard where necessary. iv. On horse-keeping lots, additional retaining walls, not to exceed four (4) feet in height, are allowed to provide a flat, usable corral area and access to trails. 17 City of Menifee Ordinance No. 2014-148 Hillside Development FIGURE 9.12.020-13 LANDSCAPING OF RETAINING WALLS t• m plan ing p©cltetsnn steppod rOW11rlrog wall Maw anonan plantin;I vit moral bevels rP,l•t,fill 1A^ ^ 44 ol4V`C a ffi 4w .✓ ot^', rte .` u,✓: ° m7a. a lez i o yx;' Noelfgatb r bunk k3 M pllanuq pr,5giblOAX10 4snnge CUnCratL*¢aWalnatiyl to too OfrvtemI aq wall wail uwrrxucns ca n be seen Pnr m1 arc and ta Ira yaars to onoekd WK11,,lalnnlirgmid Utica V l.lLmfrtldle ..... F. Landscaping. 1. Standards. a. In wildland-urban interface fire areas, landscaping shall be in accordance with Fire District codes and standards. Such landscaping shall incorporate both drought tolerant and fire retardant vegetation. b. To protect slopes from soil erosion and slippage, as well as facilitate significant re-vegetation, a permanent irrigation system shall be installed on all slopes with required planting. However, the emphasis of the re-vegetation shall be toward using plant materials that will eventually not need to be irrigated. Water and energy conservation techniques shall be utilized, including, but not limited to, such items as drip irrigation and alluvial rockscape. Landscaping and irrigation plans shall be consistent with City of Menifee Municipal Code Chapter 15.04 "Landscape Water Use 18 City of Menifee Ordinance No. 2014-148 Hillside Development Efficiency Requirements", and shall be submitted to the Community Development Department for review and approval prior to the issuance of Building Permits. FIGURE 9.12.020-14 NATURAL LANDFORM PLANTING !i f Mi N• LandformplantingF Conventionailantn p J 4 f. �l4�GG tw t,In✓ U' G'u1� G�� Iv Irregular V15ua l,Planta �5 U'niforrnvisualplane r In cross-section m + - cross•seatign rr i F 0 3 C. Landscaping shall be used to screen views of downslope elevations. When the structure height exceeds twenty (20) feet from finished grade on a downslope side of an improved lot, additional landscaping designed to reduce the visual height and bulk of the structure shall be required. d. Slopes shall be planted with informal clusters of trees and shrubs to soften and vary the slope plane. Where slopes are two to one (2:1) and five (5) feet or greater in height, jute netting shall be used to help stabilize planting and minimize soil erosion. e. Native or naturalized plants, or other plant species that blend naturally with the landscape, shall be utilized in all areas with required planting. f. Native vegetation shall be retained and supplemented in canyons and along natural drainage courses. 2. Guidelines. a. Natural landform planting should be used to soften manufactured slopes, reduce the impact of development on steep slopes or ridgelines, and provide erosion control. 19 City of Menifee Ordinance No. 2014-148 Hillside Development FIGURE 9.12.020-15 VEGETATIVE BACKDROP e Skyline planting Y �Skyline r' iF A V 7i". r r- `�-----------Typical building clustering b. Maintain a "vegetative backdrop" by replanting with native trees. The vegetation should screen structures to the extent possible at maturity and preserve the appearance of the natural skyline. C. To minimize the grading of large flat areas and encourage water conservation techniques, large expanses of low- growing grass in the front and side yards adjacent to a street are strongly discouraged. G. Grading. 1. Standards. a. Grading shall be phased so that prompt re-vegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced or landscaped shall be disturbed. Topsoil shall be stockpiled during rough grading and used on cut and fill slopes. FIGURE 9.12.020-16 GRADING TO MATCH NATURAL CONTOURS Use of rad'li and uneven slopes Use of angles and uniform slopes Small irregular berm accentuates the top of the slope Variety in slope bank gradingcreates a natural appearance \\ 1,1- more resembling '�. nature , Drainage features Drainage features are obscure d become very visible Landscaping accentuates Engineered slope banks contour undulation look forced and unnatural 20 City of Menifee Ordinance No. 2014-148 Hillside Development FIGURE 9.12.020-17 AVOID STRAIGHT SLOPE BANKS Variety InvndlulaVng i. ' %Mr.✓ smilghrslope bank slope bank creates fir" helghtens pleasing xr" Inonolonyrr naadscape / roadway r r�✓! }f/r'r r ,,. I 11 r IF.CY4lbCcY(./.l ,✓f„ fB'JI!//e° r✓"I l��t'� V• Il J,�,rl ��!� +�W''�A�/ ,,.flr�.l r` rr� ,,« .,...... ."' �! r' i ' is ,r+'' ,,✓f,,n`rrr^,✓'� r' k �+ I :i! l✓. e.xu u.......urv!.0 APr I rl•✓ f� � b. Grading permits shall only be issued when a plan for erosion control and silt retention has been submitted to and approved by the City Engineer, without regard to time of year. C. No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a Grading Permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and, in addition, erosion treatment provided where slopes exceed twenty percent (20%). d. To encourage maintenance of slopes for erosion control and aesthetics, property lines shall be located two (2) feet back from the top of slope. e. In addition to the provisions of Section 9.12.020 D 1 b, no point on any structure subject to the provisions of this Section shall be closer to a visually prominent ridgeline than one hundred fifty (150) feet measured horizontally on a topographic map or fifty (50) feet measured vertically on a cross-section, whichever is more restrictive. f. Lot padding is limited to the boundaries of the structure's foundation, a usable rear yard area of fifteen (15) feet adjacent to and between the structure and top or toe of slope, and additional usable area approved by the Community Development Director designed to conform to the contours of the property. If it is physically unfeasible to design a reasonably usable yard area due to conflict with other grading standards, and when usable yard area is desired by the property owner then other forms of usable open space shall be submitted to the Community 21 City of Menifee Ordinance No. 2014-148 Hillside Development Development Director for consideration and possible approval, such as decks, patios, balconies or other similar forms of built structures designed to fit the natural topography. g. No finished slopes greater than having a ratio of 2:1 may be *created except beneath the enclosed envelope of a structure where the maximum created slope is limited to a ratio of 1.5:1 or less. h. Slopes within City-maintained landscape easements shall not exceed a maximum grade of a 3:1 ratio or thirty-three and a third percent (33.3%) slope. i. Fill or excavation shall not exceed a depth of five (5) feet at any point except where the Planning Commission determines that unusual topography, soil conditions, previous grading, or other unusual circumstances indicate that such grading would be reasonable and necessary. j. Cut or fill slopes shall not exceed eight (8) feet in height at perimeters of the site or elsewhere without the use of walls, terracing, and other mitigating measures, such as contour grading or landscape buffering, and then only as approved by the Planning Commission after conclusive demonstration that such cut or fill heights will not adversely affect adjacent properties, views, landforms, or other significant considerations not specifically discussed herein, and that they are absolutely required to accomplish land development under extreme or unusual circumstances and conditions. FIGURE 9.12.020-18 CONFORM BUILDING PADS TO NATURAL II CONTOURS i• ' MO i• Undulating slopes surrounding irregular pad Straight uniform slopes and pad configurations simulate the natural hillside configurations produce an unnatural and environment insensitive environment on hillsides Toe of slope— Variable slope bank M.... w ,.•. ,,,,, •••,• . Toe of slope Standard subdivision •w^- rectangular pad .•.n. iii N.. a '.,, ,,..a; Street follows contour of land Street 22 City of Menifee Ordinance No. 2014-148 Hillside Development FIGURE 9.12.020-19 USE OF CRIB WALLS i Crib walls with planting may be an alternative posiibility a'r` r r� 1 rt v` H. Drainage. 1. Standards. a. Drainage channels shall use an AC or concrete liner in addition to a naturalizing treatment. b. Debris basins and energy-dissipating devices shall be provided, where necessary, to reduce erosion when grading is undertaken in the hillside areas. Natural drainage courses shall be protected from grading activity. In instances where crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks. C. Building Permits and Grading Permits shall not be issued for construction on any site without an approved location for disposal of runoff waters, including, but not limited to, such facilities as a drainage channel, public street or alley, or private drainage easement that is not adequately protected from off-site drainage. d. The use of cross-lot drainage shall be minimized. In review of subdivision requests where minimization of cross-lot drainage is not possible using conventional design, optional techniques including, but not limited to, single loaded streets and reduced densities shall be considered. Extensive use of cross-lot drainage within subdivision requests shall be subject to Planning Commission review and may be considered only after demonstration that this method will 23 City of Menifee Ordinance No. 2014-148 Hillside Development not adversely affect the proposed lots or adjacent properties and that it is absolutely required in order to minimize the amount of grading which would result with conventional drainage practices. e. Where cross-lot drainage is utilized, the following shall apply: i. Project interiors. One lot may drain across on one other lot if an 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. In both cases, an integral wall shall be constructed. This drainage shall be conveyed to either a public right-of-way or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by a homeowners association or by a maintenance agreement recorded within the title of the property granting the easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. ii. Project boundaries. On-site drainage shall be conveyed in an improved open V-swale gutter that has been designed to resemble the surrounding landscape, utilizing tan or earth tone colors or within an underground pipe in either a private drainage easement, which is to be maintained by a homeowners association or by a maintenance agreement recorded within the title of the property granting the easement, or conveyed in a public easement such as a public alley, paseo, or trail. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. 2. Guidelines. a. Where possible, drainage channels should be placed in less visible locations, and more importantly, should receive a naturalizing treatment including native rock, colored concrete and landscaping so that the structure appears as an integral part of the environment. b. Natural drainage courses should be preserved and enhanced to the fullest extent possible. Rather than filling them in, drainage features should be incorporated as an 24 City of Menifee Ordinance No. 2014-148 Hillside Development integral part of the project design to enhance the overall quality and aesthetics of a site, to provide attractive open space vistas, and to preserve the natural character of the area. I. Trails. Trails are an integral part of a hillside area and provide recreation areas for equestrian, hiking and biking uses. They can also function as a means to take up grade or to convey drainage. 1. Guidelines. a. In hillside areas, it is not always necessary to provide full improvements for trails. A more natural experience may be achieved, and the amount of grading required can be reduced, by providing minimal improvements in appropriate areas, such as undevelopable, steep slopes. J. Fire-Resistant Construction. 1. Standards. a. Residential developments shall be constructed in such a manner so as to reduce the potential for spread of wildfires by conforming to the construction requirements in the California Building Code that are specific to the wildland- urban interface fire area. K. Public Safety. The following public safety concerns should be addressed. 1. Standards. a. Require adequate water supply and pressure for all proposed development in accordance with the Fire District's standards. b. A permanent fuel modification area shall be required around development projects, or portions thereof, that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modification area shall be based on applicable Building and Fire Codes and a Fire Hazard Analysis Study approved by the Fire District and based on: i. The natural ungraded slope of the land within the project and in the areas adjacent to the project. ii. Fuel loading. iii. Access to the project and access directly to the fuel modified area. 25 City of Menifee Ordinance No. 2014-148 Hillside Development iv. The on-site availability of water that can be used for firefighting purposes. V. Adequate provisions shall be made for the continual maintenance of such areas, and where feasible, such areas shall be designated as common open space rather than private open space. vi. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. C, The Code Enforcement Division may require brush, vegetation, or debris to be removed and cleared on each side of every roadway, access drive or driveway in accordance with the Municipal Code and may enter upon private property to do so. This Section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers, provided they conform to Fire District codes and standards. As used in this Section, "roadway" means that portion of a highway or private street improved or ordinarily used for vehicular travel. d. If the Fire Chief determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he/she may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article. e. Restrict structures and facilities from geologically hazardous areas. f. Require special construction features in the design of structures where site investigations confirm potential geologic hazards. g. Development not on public sewers within areas generally defined as being in areas not suitable for on-site wastewater disposal systems shall be permitted only after site-specific investigations have been conducted that demonstrate the soils are suitable and the disposal of wastewater will not degrade the subsurface water quality. h. For all development within the Alquist-Priolo or any City- adopted "Special Study Zone," a statement shall be included on every deed, for each lot or parcel, which informs the prospective owner of the potential for seismic activity and the potential hazard." 26 City of Menifee Ordinance No. 2014-148 Hillside Development Section 9.12.030 Adjustments The purpose of this Chapter, as stated within Section 9.12.010"Purpose and Applicability', is to establish the standards and criteria under which designated slopes, hillsides and ridgelines may be developed in a manner that preserves the historic continuity of notable landmarks and preserves these feature's aesthetic benefits to the community. There are circumstances, however, where the strict application of the standards and criteria contained within this Chapter shall prohibit property development in a manner that is most beneficial to the community as a whole. Under such circumstances, provisions are hereby established to allow the City's Planning Commission, under a Plot Plan application, to review and approve individual requests for adjustments from the established standards where warranted and in conformance to the provisions established herein. The purpose of this Section is to fulfil the spirit and intent, if not the letter, of the Goals and Policies of the adopted General Plan, to use common sense in the application of these standards and to avoid, to the fullest extent possible, unintended consequences that may arise from the strict application of the standards and criteria established within this Chapter. Therefore, the City has adopted the provisions herein to allow the Planning Commission to grant individual property owners, based upon the specific unique circumstances associated with their property, allowances to minimally adjust the standards and criteria contained within this Chapter. A. The Planning Commission shall not consider an adjustment to the provisions and requirements of this Chapter for properties of less than five (5) acres in size. B. The Planning Commission shall consider the information presented within a Plot Plan application and may grant individual structures minor adjustments from the standards and criteria contained within this Chapter where it can be demonstrated that due to the specific topographic configuration of the property in relation to its size, shape and site characteristics, that the strict adherence to the provisions of this Chapter would: 1. Fail to preserve the positive characteristics and unique features of the site by failing to preserve the relationship between the proposed development and the scale and character of adjacent uses (General Plan Goal CD-3.1). 2. Fail to preserve, maintain or incorporate a natural City amenity, such as a known/recognized hillside, ridgeline or rock outcropping, into the design and development of a property (General Plan Goal CD-3.2). 3. Mandate grading or site modifications in a manner that would not be the optimum available to prevent, or minimize to the fullest extent possible, the potential for man-induced slope failures (General Plan Goal S-2.3). 4. Mandate a project's design in a manner that, without damaging or removing natural features such as washes, creeks and hillsides, 27 City of Menifee Ordinance No. 2014-148 Hillside Development would remove the potential for development of the property (General Plan Goal LU-1.8). 5. Mandate a design that would fail to preserve view corridors or outstanding scenic vistas within the City without removing the development potential from that property (General Plan Goal OCS- 3.1) 6. Excessively limit a property's development potential to a design that would not respect the natural landscape of the property, failing to preserve the natural contours of the property's topography (General Plan Goal OCS-3.2). 7. Mandate development in a manner that would not allow the preservation of natural vegetation and rock outcroppings during and after the construction process (General Plan Goal OCS-3.4). 8. Mandate development in a manner that would not preserve and protect significant landforms and topographic features without rendering/removing the development potential from that property (General Plan Goal OCS-5.1). C. In addition to conformance to the Goals and Policies of the adopted General Plan as noted above, before granting an adjustment to the standards of this Chapter the Planning Commission shall also find the following: 1. That failure to allow at least a minimum of adjustment from the required standards and criteria of this Chapter would render the property completely without the ability to be developed in any reasonable manner. 2. That no reasonable means exist, regardless of cost, for the development of the property without creating a higher likelihood of potential adverse impacts to slopes, rock outcroppings, hillsides and/or ridgelines on or adjoining the property, or create adverse aesthetic impacts to the community. 3. That due to the specific circumstances associated with the property being granted the adjustment, that such adjustment shall not establish a precedent that others may cite to justify the granting of further adjustments on other properties. 4. That due to the specific circumstances associated with the property being granted the adjustment, that such adjustment shall not grant a land development privilege that would be denied to another property within the same zoning designation and under the same topographic circumstances. 28 City of Menifee Ordinance No. 2014-148 Hillside Development 5. That allowing minor adjustments from the standards and criteria within this Chapter shall not result in direct physical or aesthetic harm to adjoining or surrounding properties, or the community as a whole." Section S. That the City Council adopts a new Chapter 9.14"Hillside Development Density Transfers" of the Menifee Municipal Code to read as follows: "Chapter 9.14 Hillside Development Density Transfers Sections: Section 9.14.010 Purpose and Applicability Section 9.14.020 Density Transfer Limitations Section 9.14.030 Transfer of Development Credits Section 9.14.040 Transfer Process and Provisions Section 9.14.010 Purpose and Applicability The purpose of this Chapter is to establish the criteria under which residential density may be transferred from one residential property to another, bettered suited residential property. Additional design standards and guidelines are provided in Chapter 9.12 "Slope, Hillside and Ridgeline Development". The development and density limits established in this Chapter apply based on the location of property with five (5) established slope zones Table 9.14.020-1 "Land Capacity Schedule". Section 9.14.020 Density Transfer Limitations This Section correlates the steepness of the terrain with limitations on transfers on development intensity. The total allowable residential dwelling units shall be calculated based on the total (buildable) land area within each slope category multiplied by the capacity factor for each to the slope category. A. Using the Land Capacity Schedule. Table 9.14.020-1 "Land Capacity Schedule" converts the amount of gross site acres into the amount of net buildable acres based on slope measurement that can be transferred from one site to another. TABLE 9.14.020-1 LAND CAPACITY SCHEDULE Acres ! ,� Adfi�ste;d �let l ;Slope �Capac1' tib yBwildabl re i of Land f , i ,areent k ,` ]i{SUm .i .�(IGI o9S) � h ( I ti3O) f Under 10% A 1.00 Ax 10-14.9% B 0.75 Bx 15-19.9% C 0.50 Cx 20-24.9% D 0.25 Dx 25-29.9% E 0.02 Ex 29 City of Menifee Ordinance No. 2014-148 Hillside Development +30% F 0.000 Fx Total (Ax+Bx+Cx+Dx+Ex+Fx B. Calculating Permitted Units. The maximum number of dwelling units that may be transferred in a proposed development shall be determined by multiplying the total adjusted net buildable area (Ax+Bx+Cx+Dx+Ex+Fx) above by the permitted number of allowed units per acre according to the General Plan. C. Exceptions. The following land areas, meeting any or all of the following criteria, shall not be included in the calculation of total allowable dwelling units: 1. All land areas, regardless of slope, which will be subject to inundation during a 100-year storm after development has occurred. 2. All land which is in a geologic hazard zone, as defined in the Public Health and Safety Chapter of the General Plan of the City of Menifee, and for which no feasible mitigation measures are proposed. 3. All land area which lies within a federally recognized blue line stream or contains significant riparian or streambed environs. 4. Land known or shown through the submission of an appropriate study to contain significant cultural resources. Section 9.14.030 Transfer of Development Credits A development credit is a potential entitlement to construct one dwelling in a designated cluster area, which can only be exercised when the development credit has been transferred pursuant to the provisions of this Section from a donor to a receiver parcel and other requirements of law are fulfilled. A. Transfer Process. The allocation of dwelling units may be transferred from one parcel (donor) to another parcel (receiver) within a project site, or from a project site (donor) to adjacent residential properties (receiver), if conditions are applicable, when the development of the subject site would cause adverse impacts. The development per donor site/parcel shall be calculated according to Table 9.14.020-1 "Land Capacity Schedule" and the result transferred to a predetermined receiver site/parcel. B. Development Agreement Required. The transfer of development credits is subject to submission and approval of a Development Agreement and/or any other appropriate legal agreement. The application shall designate both the donor and receiver parcels as part of the subject property. The Development Agreement, or any other appropriate agreement, shall be used to ensure the appropriate legal direction for completion of specific conditions and encourages public and private partnership. 30 City of Menifee Ordinance No. 2014-148 Hillside Development C. Planning Commission Authority. Development credits may be authorized when the Planning Commission finds that the receiver parcel has sufficient area to accommodate development otherwise permitted under City development districts plus the development credits to be transferred, as authorized by the City Council in approving the Development Agreement required by this Section, and that such total development meets all of the applicable requirements of the City's General Plan and all provisions of this Section. Section 9.14.040 Transfer Process and Provisions A. When development credits are transferred, all such credits are thereafter depleted with regard to the donor parcel. Excess development credits of that donor parcel, which are not initially transferred to a receiver parcel, may be subsequently transferred to another receiver parcel in accordance with the provisions of this Section. B. The number of development credits which may be transferred shall not exceed the number of dwelling units determined for the donor parcel through applying established adjusted net buildable area from the land capacity schedule and through preliminary site review to determine the actual number of units which could be developed on the donor parcel, subject to provisions contained within this Section. C. Approval of development credit transfers must be based on findings that this procedure is consistent with the General Plan and provides for the long-term maintenance of the property as open space. Analysis of the eventual maintenance of the open space shall be based upon the City's estimated annual cost for maintenance and liability for the land and for provisions thereof. D. The donor parcel, after development credits have been depleted, shall be kept essentially in a natural condition. However, the City may, pursuant to a Conditional Use Permit, authorize the following uses if it deems they are compatible with maintaining the natural condition of the property and are consistent with the General Plan: 1. Watershed and/or trails. 2. The growing of crops and fruits. 3. Low-intensity recreation. 4. Other similar, low intensity, non-residential uses. 5. Accessory uses necessary to support the foregoing uses. E. Land from which development credits have been transferred shall be recorded as open space through the process of an applicant submitted Specific Plan and/or General Plan Amendment to ensure that such land remains as open space in perpetuity. 31 City of Menifee Ordinance No. 2014-148 Hillside Development F. A parcel from which development credits have been transferred shall not be considered as common open space unless such parcel is transferred in fee to the receiver parcel. For hillside conditions, the maximum number of dwelling units permitted on a parcel receiving development credits shall not exceed the sum total determined by applying the established slope density standard to the receiving parcel and adding the number of development credits transferred." Section 6. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the adoption of this Ordinance. Section 7. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption by the City Council. Section 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or the application thereof to any person or circumstance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion thereof be declared invalid or unconstitutional. Section 9. City Clerk Action. The City Clerk of the City of Menifee is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c). This Ordinance was introduced and read on the 30th day of JULY, 2014 and PASSED, APPROVED AND ADOPTED THIS 20th day of August, 4. Scott A. Mann, Mayor Approved as to form: i, Ju Biggs, CiAttorhAy 32 City of Menifee Ordinance No. 2014-148 Hillside Development 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. 2014-148 to be the original ordinance adopted by the City Council of the City of Menifee on August 20, 2014 and that the Ordinance was published in accordance with the law on a vote as follow: Date: IG7 Kathy Bennett, City Clerk Vote: Ayes: August, Denver, Edgerton, Mann Noes: Abstain/Recuse: Fuhrman Absent: 33 • 11 1 }y � 7 7f 1 fir' 7,� - Ilk sf` � #i< 'c.