PC14-172Resolution No. PC14-172
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, FORWARDING A RECOMMENDATION THAT
THE CITY COUNCIL FIND THAT CODE AMENDMENT DCA 2014-057 IS
EXEMPT FROM ENVIRONMENTAL REVIEW AND AMEND 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 December 17, 2013, January 22, 2014, February 11, 2014 and March
11, 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 February 28, 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 Planning Commission scheduled
for March 11, 2014; and
Whereas, on March 11, 2014, the Planning Commission held a duly noticed public
hearing 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, on March 24, 2014, the Planning Commission held a duly noticed public
hearing on the recommended Notice of Exemption and proposed Code Amendment byway
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" within the City
of Menifee Municipal Code pertaining to the standards and criteria for development of
specified and designated sloped, hillside and ridgeline areas within the City of Menifee; and
Whereas, at the March 24, 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 March 24, 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
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 March 24, 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.
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Now, therefore, the City of Menifee Planning Commission recommends the
following:
Section 1. That the City Council find, for the reasons detailed upon that Notice of
Exemption, that the proposed Code Amendment is exempt from further environmental
review and authorize staff to sign and forward said Notice of Exemption.
Section 2. That the City Council of the City of Menifee find 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 find 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 adopt 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 9.12.010 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
development in a manner that is consistent with the Goals and Policies of the City's
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.
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.
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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.
FIGURE 9.12.020-1 MINIMIZE UNNECESSARY GRADING
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.
0
FIGURE 9.12.020-2 RETAIN INTEGRITY OF NATURAL SLOPE
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.
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FIGURE 9.12.020-3 PRESERVE OPEN SPACE WITH CLUSTERING
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
C1
Larger manufactured slopes should
be located on the uphill side of the
structure to reduce the appearance
of grading from the street
Slopes should be rounded
Fto provide a more natural
== �-' -- �� appearance
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
streets to reduce grading.
FIGURE 9.12.020-5 VARY ROADWAY CROSS -SECTIONS BASED ON SLOPE
Separate sidewalk
Stabilize and reforest No parking
i
disturbed banks _ r
1
Split section
7
Sidewalk
Possible
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:
Utilize landform planting in a manner to create a
natural appearance and provide a sense of privacy.
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
DESIGNS
PRESERVE EXISTING LANDFORMS IN ROADWAY
-Round off cut slope
Remove small knobs on
roadway cut to conform
�. to the natural grade
Vista
Round off cut slope
Split roadway sections
to accommodate grade
change
Roadway
Roadway
Too steep for plants to
become established
Knobway remaining
from roadway cut
Roadway
Mass grading to
accommodate one
level arterial highway
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
d. Driveway grades above fifteen percent (15%) shall be
permitted up to a maximum of twenty percent (20%)
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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%).
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.
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.
Driveways shall enter public/private streets maintaining
adequate line of sight.
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.
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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.
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.
FIGURE 9.12.020-8 FOUNDATION TYPES ON HILLSIDES
C. Detach parts of a dwelling such as a garage.
Avoid the use of gable ends on downhill elevations. The
roof slope should be oriented in the same direction as the
natural slope.
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FIGURE 9.12.020-9 AVOID GABLED ENDS ON DOWNHILL ELEVATIONS
Roof slope approximates
that of hillside and follows
its direction. Building hugs
ground form better.
FIGURE 9.12.020-10 AVOID LARGE ROOF OVERHANGS
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FIGURE 9.12.020-11 "A" CONFORM DESIGN OF STRUCTURE TO SLOPE
e. The building envelope for all residential and associated
accessory structures shall be as follows:
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 (30) feet
as measured from finished grade.
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.
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FIGURE 9.12.020-11 "B" CONFORM DESIGN OF STRUCTURE TO SLOPE
ross-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
as measured from finished grade.
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
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E.
as a natural solar heating and cooling insulator.
g. Exterior structural supports and undersides of floors and
decks not enclosed bywalls will be prohibited exceptwhere 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.
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.
Walls and Fences.
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 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
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l+•
building and in a manner to minimize the visual impact on
surrounding areas.
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.
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.
9.12.020-12 FENCING ON HILLSIDES
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�•�Planting naturally follows
the average slope
Y Open see -through fencing that
blends Into the natural environment
4.0' high maximum
�41 J1 retalning wall
�— Screeing required
Transition area
N,
d. Retaining walls are limited to:
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.
One downslope from the structure not to exceed four (4)
feet in height. Where an additional retained portion is
necessarydue 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 of a site.
iii. On lots sloping with the street, and other configurations
not discussed above, one retaining wall, not to 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.
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FIGURE 9.12.020-13 LANDSCAPING OF RETAINING WALLS
F. Landscaping.
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.
FIGURE 9.12.020-14 NATURAL LANDFORM PLANTING
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
Efficiency Requirements", and shall be submitted to the
Community Development Department for review and approval
prior to the issuance of Building Permits.
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.
Native vegetation shall be retained and supplemented in
canyons and along natural drainage courses.
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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.
FIGURE 9.12.020-15 VEGETATIVE BACKDROP
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.
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.
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.
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FIGURE 9.12.020-16 GRADING TO MATCH NATURAL CONTOURS
Use of radii and uneven slopes Use of angles and uniform
slopes
Small irregular berm accentuates
the top of the slope
Variety in slope bank
grading creates a
natural appearance\\
more resembling
nature
Drainage features
are obscured
Landscaping accentuates
contour undulation
Drainage features
become very visible
Engineered slope banks
look forced and unnatural
FIGURE 9.12.020-17 AVOID STRAIGHT SLOPE BANKS
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) feel
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
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hundred fifty (150) feet measured horizontally on a
topographic map or fifty (50) feet measured vertically on a
cross-section, whichever is more restrictive.
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
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.
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.
FIGURE 9.12.020-18 CONFORM BUILDING PADS TO NATURAL
CONTOURS
Straight uniform slopes and pad
configurations produce an unnatural and
Insensitive environment on hillsides
Toe of slope --I r Standard subdivision
Street
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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 9.12.020-19 USE OF CRIB WALLS
H. Drainage.
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
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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
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:
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 said easement.
The easement width shall be determined on an
individual basis and shall be dependent on
appropriate hydrologic studies and access
requirements.
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 said 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.
24
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
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.
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.
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.
Fire -Resistant Construction.
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
25
and a Fire Hazard Analysis Study approved by the Fire
District and based on:
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.
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.
Require special construction features in the design of
structures where site investigations confirm potential geologic
hazards.
26
g. Development not on public sewers within areas generally
defined as being i n 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."
Section 5. That the City Council adopt 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.
27
TABLE 9.14.020-1 LAND CAPACITY SCHEDULE
Slope
Measurement
Acres of Land
(Gross)
Capacity Ratio
Adjusted Net Buildable
Acres x Ca
Area Capacity
( p y
Ratio)
Under 10%
A
1.000
Ax
10-14.9%
B
0.750
Bx
15-19.9%
C
0.500
Cx
20-24.9%
D
0.250
Dx
25-29.9%
E
0.025
Ex
+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.
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:
29
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.
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 Resolution.
Section 7. Effective Date. This Resolution shall become effective upon its
adoption.
Section 8. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications and, to this end, the provisions of this Resolution are declared to be
severable.
APPROVED AND ADOPTED THIS 81h DAY
Approved . .form:
ATTEST:
J ni er Allen, Planning Commission Secretary
30
City of Menifee
Hillside Overlay Map
Slope
❑Areas Subject
to Overlay
31
in
T
0 51,13 20-25%
5 10% & --J 25-30%
10- 15% 30%+
15 - 2V-,b
Scott A. Mann
Mayor
Vallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
tvw.cityofm e n ifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC14-172 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
81h day of April, 2014 by the following vote:
Ayes:
Liesemeyer, Phillips, Sobek, Thomas
Noes:
Matelko
Absent:
None
Abstain:
None
J ni er Allen, Planning Commission Secretary