Menifee Zoning Code Ch. 9.190 Hillside Development Standards

Contents:

9.190.010 Purpose

9.190.020 Applicability

9.190.030 Exemptions

9.190.040 Plot Plan Approval

9.190.050 Application Requirements

9.190.060 Development Standards

9.190.070 Relief from Development Standards

The purpose of this chapter is to establish the standards and criteria under which properties with significant slopes, hillsides and ridgelines may be developed 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, and more specifically:

1. To protect the value of the community and the subject property of ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, archaeological/historical and scenic resources,
2. To preserve the visual and aesthetic quality of hillsides as viewed from the surrounding community,
3. To avoid and minimize disturbance areas of significant steep slopes and prominent hilltops and ridgelines, and to ensure that new development sites and lots have adequate unconstrained land suitable for development.
4. To promote and encourage a variety of high quality, alternative development designs and concepts appropriate for hillside areas.
5. To preserve the public health, safety and welfare and specifically protect the public and property from hazards such as seismic, geologic and fire.

This chapter applies to all development on properties in Menifee that contain significant areas of steep slopes and prominent hillsides and ridgelines as defined in this Title within the areas illustrated on Figure 9.190.020-1 Menifee Hillside Map. These areas and features are typical of the properties in the Rural Mountainous (RM) and Rural Residential, 5-acre minimum (RR5) zones, but not limited to these areas.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

The following are exempt from the provisions of this chapter:

1. Development that maintains a minimum of 50 feet from the top of any steep slope or hillside and is no closer than 200 feet horizontally and 50 feet vertically from prominent ridgelines.
2. Any project that has a valid, unexpired City- or county-approved tentative tract map or grading permit or other entitlement in place that is consistent with the regulations in effect prior to adoption of the City's General Plan update on December 18, 2013. The requirements of this chapter shall be applied to all approvals that require a discretionary extension or that are extended pursuant to a discretionary extension.
3. Open space projects and regional or community trails on City-owned property.
4. Local public streets or private roads and driveways which are necessary for primary or secondary access to the portion of the site to be developed on steep slope lands of less than 25 percent, provided no less environmentally damaging alternative exists. The determination of whether a proposed road or driveway qualifies for an exemption, in whole or in part, shall be made by the Community Development Director based on an analysis of the project site.
5. Public and private utility systems, provided the Community Development Director finds that the least environmentally damaging alignment has been selected. However, septic systems are not included in this exemption unless the Riverside County Department of Environmental Health has certified that no grading or benching is required.
6. Areas with native vegetation, which are cleared or trimmed to protect existing or proposed structures in potential danger from fire, provided that the area of such clearance is the minimum necessary to comply with applicable fire codes or orders of fire safety officials and that such slopes retain their native root stock or are planted with native vegetation having a low fuel content, and provided further that the natural landform is not reconfigured.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

Development of properties that include steep slopes, hillsides and ridgelines that is not exempt per Section 9.155.020 shall require plot plan approval pursuant to Chapter 9.80 (Plot Plans).

In addition to the application requirements of Chapter 9.80 (Plot Plans), unless otherwise waived by the Community Development Director, all of the following shall be submitted with a plot plan application for development on steep slopes, hillsides or ridgelines:

1. Plot Plan. A site plan drawn to scale by a California-licensed land surveyor or registered civil engineer, showing the location of all existing peaks, ridgelines, hills, hillsides and other significant landforms including rock outcroppings, all areas within 200 feet of a peak or ridgeline, the location of all existing watercourses, the location of all existing vegetation including oak trees and the type and quantity thereof, the location of all existing and proposed agricultural areas, the location of all existing and proposed dwellings and the location of all existing and proposed accessory facilities.
2. Grading Plan. A grading plan, including a blasting permit, if necessary, subject to the requirements of Title 8 (Grading Ordinance) of the Menifee Municipal Code.
3. Topographic Map. A topographic map of the site, drawn to scale by a California-licensed land surveyor or civil engineer, showing all the items referenced in Subsection A (Plot Plan) of this section. The scale on the topographic map shall be no smaller than 1 inch equals 100 feet, with contour intervals not exceeding 10 feet.
4. Slope Analysis. A slope analysis of the site showing the following slope categories: 0–24% grade, 25–34% grade, 35–50% grade and over 50% grade prepared by a licensed land surveyor or a registered engineer. If the site contains steep hillsides but does not have 50 feet of vertical elevation, an off-site analysis of the adjacent property(ies) must be made to determine whether the steep hillsides on the subject site are part of a steep hillside system that extends off-site and exceeds the 50-foot elevation.
5. Utility Plan. Underground utility plan.
6. Biological Report. A biological report for the site addressing the topics enumerated in subsection G (Conservation Required) of this section.
7. Conservation Required. For any project for which a hillside development plot plan is required by this section, evidence that it is designed to protect wildlife habitat areas, biological corridors, native plants and plant communities, and where practicable, support interconnected, contiguous and integrated open space systems within an area, particularly when located contiguous to open space preserve areas.
8. Cultural Report. A cultural resources assessment prepared by a qualified archeologist.
9. Photo Survey. Photographs of the portion(s) of the site that would be disturbed taken from each corner of the site and from all vantage points deemed appropriate by the Community Development Director.
10. Erosion and Sedimentation Control Plan. A proposed erosion and sedimentation control plan showing and describing interim and ultimate erosion and sedimentation control measures.
11. Landscape and Restoration Plan. A proposed landscape and habitat restoration plan, including a restoration time schedule, showing and describing how the site would be landscaped and repaired and how the natural conditions of the site would be replicated. A qualified biologist shall prepare the habitat restoration plan.
12. Architectural Plans. A proposed architectural plan showing how primary and accessory structures would be constructed.
13. Lighting Plan. A proposed exterior lighting plan showing how primary and accessory structures, and landscaping would be illuminated.
14. Visibility Analysis. A line of sight visual analysis.
15. Fuel Modification Plan. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

Development that proposes encroachment into steep slopes, hillsides or ridgelines, or that does not qualify for an exemption pursuant to Section 9.190.030 (Exemptions) is subject to the following regulations and the Menifee Steep Hillside Guidelines.

1. Land Disturbance. No disturbance of steep slopes, hillsides and ridgelines shall be permitted except in conformance in all respects with an approved plot plan that details the proposed land disturbance meeting all of the following requirements.

2. Areas situated within 200 feet horizontally and 50 feet vertically of a hilltop or ridgeline shall not be disturbed.

3. The horizontal distance between a natural or graded steep slope and a roof, or portion thereof, shall not be less than 20 feet.

4. The maximum height of a graded slope in areas of natural steep slopes, hilltops or ridgelines shall not exceed 30 feet.

5. 4. The use of blasting for road construction or pad grading shall be strongly discouraged and alternate construction techniques shall be used if feasible. Site disturbance and grading shall be kept to a minimum.

6. The maximum encroachment that may be permitted into steep slope lands shall be as set forth in Table 9.90.060-1 Maximum Steep Slope Encroachment. This encroachment may be further reduced due to environmental concerns or other design criteria.

Table 9.190.060-1 Maximum Steep Slope Encroachment

1. 6. Land disturbance shall conform in all respects with the erosion and sedimentation control plan approved by the Community Development Director or City Engineer.

2. All development occurring in steep hillsides shall incorporate the design standards identified in the Menifee Design Guidelines, Hillside Development, as deemed appropriate by the approving authority.

3. Height.

4. No dwelling, building or structure shall have more than two stories.

5. On a level building pad, the maximum height of a dwelling, building or structure shall be measured from the foundation.

6. On a terraced building pad, the maximum height of a dwelling, building or structure shall be 40 feet measured from the lowest finished floor level, excluding any basement areas.

[Figure]

3. Cluster Development Subdivision. Cluster development subdivision pursuant to Chapter 9.170 (Cluster Development Subdivisions) is encouraged as a method to avoid and minimize disturbance of steep slopes, hillsides and ridgelines for residential subdivisions.

4. Subdivisions.

5. Each newly created lot within a subdivision shall include some portion that does not contain steep hillsides that will serve as the location (or future location) of development on the lot. Such unconstrained area shall be sufficient in size to accommodate a reasonable development without requiring additional encroachment into steep hillsides.

6. If additional encroachment is desired for development area on an individual lot, the maximum permissible encroachment area calculation will be based on the original subdivision and not the individual lot. If the individual lot has an encroachment area that is less than the maximum percentage of the lot area, additional encroachment into steep hillsides on the lot will only be permitted if and to the extent that the encroachment area of the original subdivision was less than the maximum allowed area of the original unsubdivided premises.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

1. The approving authority may approve relief from the requirements of Section 9.290.060 if:

2. The applicant demonstrates that the proposed alternative complies with and furthers the intent of this section; and

3. The applicant demonstrates that the proposed alternative provides a design solution that is equivalent to or better than the standards prescribed in this chapter for quality, effectiveness, durability and safety.

4. The relief from development standards shall be heard at a public hearing of the approving authority.