2015-179 Slope,Hillside, and Ridgeline Development ORDINANCE No. 2015-179
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 AMENDING CHAPTER 9.12 "SLOPE,
HILLSIDE AND RIDGELINE DEVELOPMENT" TO CLARIFY THE
APPLICABILITY OF THE REGULATIONS FOR PREVIOUSLY
APPROVED PROJECTS
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 March 11, 2014 the Planning Commission held a public hearing to
consider recommending to the City Council Development Code Amendment DCA 2014-057
to add Chapter 9.12 "Slope, Hillside and Ridgeline Development"to the Menifee Municipal
Code: and
WHEREAS, on the July 30, 2014, the City Council held a public hearing and
introduced Ordinance No. 2014-148 establishing Chapter 9.12 "Slope, Hillside and
Ridgeline Development"and on the 20th day of August 2014 passed, approved and adopted
Ordinance No.2014-148; and
WHEREAS, on September 9, 2015, the Planning Commission held a duly noticed
public hearing on the recommended Notice of Exemption and proposed Development Code
Amendment DCA 2015-187, considered all public testimony as well as all materials in the
staff report and accompanying documents to amend Section 9.12.010(C) of Chapter 9.12
"Slope, Hillside and Ridgeline Development;" and
WHEREAS, at the September 9, 2015 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 General Plan and found proposed
amendment to be consistent with the following goals and 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 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-8.5 Recognize the impacts new development will have on the City's
natural resources and identify ways to reduce these impacts.
WHEREAS, at the September 9, 2015 Planning Commission public hearing, the
Commission adopted Resolution No. 15-230 recommending that the City Council find
Development Code Amendment DCA 2015-187 is exempt from environmental review and
amend Chapter 9.12 "Slope, Hillside and Ridgeline Development"; and
WHEREAS, on September 25, 2015, Development Code Amendment DCA 2015-
187 was publicly noticed in The Press Enterprise, a newspaper of general circulation, of a
public hearing before the Menifee City Council scheduled for October 7, 2015; and
WHEREAS, on October 7, 2015, the City Council of the City of Menifee held a
public hearing on the recommended Notice of Exemption and proposed Development Code
Amendment DCA 2015-187, considered all public testimony as well as all materials in the
staff report and accompanying documents to amend Chapters 9.12 "Slope, Hillside and
Ridgeline Development"; and
WHEREAS, at the October 7, 2015 City Council 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),
illustrated to the Council that the proposed Development Code Amendment DCA 2015-187
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,
CALIFORNIA, DOES HEARBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated hearin.
Section 2. Due to the reasons detailed within the Notice of Exemption, proposed
Development Code Amendment DCA 2015-187 is exempt from further environmental
review and staff is authorized to sign and forward said Notice of Exemption to the Riverside
County Clerk.
Section 3. Section 9.12.010(C), of Chapter 9.12 "Slope, Hillside and Ridgeline
Development" of the Menifee Municipal Code is amended to read as follows:
(C)These standards shall not apply to any project that has a city or county 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 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance 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 and each section, subsection, subdivision, sentence, clause,
phrase or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions might subsequently be declared
invalid or unconstitutional.
Section 5. This Ordinance shall be in full force and effect thirty(30)days after its
adoption.
Section 6. The City Clerk shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be published within fifteen (15)days after passage
in accordance with law, and shall cause this Ordinance and its certification, together with
proof of publication, to be entered in the Book of Ordinances of the City of Menifee.
PASSED, APPROVED AND ADOPTED this 21st day of October, 2015, by the following
vote:
AYES: August, Denver, Liesemeyer, Mann
NOES: None
ABSENT: None
ABSTAIN: None
4- , I
Scott A. Mann, Mayor
APPROVED AS TO FORM:
J rey etching, City tr ey
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. 2015-179 to be the original ordinance adopted by the City Council
of the City of Menifee on October 21, 2015 and that the Ordinance was published in
accordance with the law.
Date: D S
Kathy Bennett, City Clerk