TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP, Development Services Director
PREPARED BY: Chris Tracy, AICP Senior Planner, Advanced Planning
SUBJECT:
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6th Code Update (MCA-2023-00003) Revising and Updating the City’s Development and Municipal Code(s): Introduction of Ordinance No. 610-24 and Adoption of CEQA Exemption
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RECOMMENDATION
recommendation
Conduct a Public Hearing;
Find that said actions are exempt from the California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, specifically Section 15061(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment;
Conduct the first reading to introduce Ordinance No. 610-24 entitled:An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Development Code to Revise Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and 16.110, and Amending Titles 1, 8, and 10 of the Murrieta Municipal Code to Revise Chapters 1.26, 8.28, and 10.44; and
Direct City staff to prepare, execute, and file with the Riverside County Clerk and the State of California, Office of Planning and Research, a Notice of Exemption within five (5) working days of the adoption of this Ordinance.
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PRIOR ACTION/VOTE
On June 26, 2024, the City of Murrieta Planning Commission held a duly noticed public hearing on the proposed Development Code Amendment. At the meeting, staff recommended two modifications to the draft Ordinance updating the Development Code. This included the removal of the proposed restrictions on vehicular-mounted signs that were under consideration for Section 16.60.050, Subsection D, and the removal of the proposed parameters for slaughtering and rendering activities, which were under consideration for Section 16.44.040. The Planning Commission voted to recommend to the City Council approval of the Ordinance as modified. (Vote: 4-0-1). The Planning Commission’s Resolution is Attachment 3.
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
The Murrieta Municipal Code (MMC) establishes the City’s broad regulations, covering areas such as business licensing, grading, building and safety, and code enforcement to ensure public health and safety in everyday activities. The Municipal Code includes the Murrieta Development Code (MDC), in Title 16, which governs property development and uses within the City, providing regulations on zoning, subdivisions, and related land use matters. Regular updates to both the MMC and MDC are crucial for aligning with new state regulations and addressing emerging issues that were not anticipated during the original code adoption. In recent years, the state legislature has enacted more than 1,000 new laws that impact planning, building, code enforcement, engineering, fire, transportation, and housing laws, which are covered by the General Plan, the MMC, or both. The City also recognizes the need for code revisions to implement administrative changes, eliminate unnecessary obstacles, simplify permitting processes where feasible, encourage economic development, or address issues that may negatively impact the quality of life in the City. By regularly updating the MMC and MDC, the City aims to better respond to evolving needs, reduce legal risks, and streamline permit procedures.
This update represents the 6th Code Update to the MMC and MDC, the first since 2022. The previous set of updates, known as the 5th Code Update, took effect on May 5, 2022. The Planning Division generally proposes updates to the codes for City Council consideration approximately every 12 to 18 months, depending on the extent and volume of changes required. Standalone code amendments are introduced when there is a specific need to modify an entire chapter or section or to add new provisions, such as updates to the Hillside Ordinance or the Multi-Family Objective Design Standards. These are usually handled as separate projects. The most recent 5th Code Update included amendments related to master-planned overlays, residential development standards, density bonus regulations, accessory dwelling units (ADUs), moving and storage container regulations, temporary use permits, and parking standards for rural residential areas.
Summary of Code Changes - Title 16:
The proposed code changes are intended to simplify the regulations, remove redundancies, clarify code sections, and streamline review processes where applicable. A summary of the more substantive changes proposed are reflected below:
• Hazardous Materials Storage
o Minor updates within Section §16.18.070 “Hazardous Materials Storage” with input from the Murrieta Fire & Rescue on proposed modifications;
o Updated terminology to include the California Fire and Building Code(s);
o Updated notification protocols with underground and above-ground storage tanks.
• Solid Waste/Recyclable Materials Storage
o Minor updates to Table 3-1 “Multi-Family Development Minimum Common Storage Areas Required (Sq. Ft.)” to fix an existing error with 48 square feet referenced for 16-to-25-unit multi-family projects (presently duplicated at the lower tier). This should reflect 96 square feet of area.
o Renumbering two tables for consistency with a section incorporated to facilitate easier referencing.
• Prohibited Fencing Materials
o Minor updates within Section §16.22.080 “Prohibited Fencing Materials” for limiting the installation of new barbed and razor wire due to safety concerns/aesthetics with an exception for agriculture and livestock operations.
o Providing a carve-out to allow existing fencing to remain.
o Identify other fencing materials/techniques are available to ensure a similar level of security. This is a common approach in other cities.
• Construction Noise
o Adding Saturdays to the days that are regulated as it relates to construction noise under Section §16.30.130.D.A.1 “Construction Noise”. It is currently missing.
• Produce, Agricultural Uses - Parking Quantities, Locations
o Municipal Code lacks parking quantities for agricultural and similar uses.
o Staff has received inquiries for establishing new uses at rural properties.
o Produce Stands - Minimum of 3 on-site parking spaces.
o Agriculture Processing - 1 per 1,500 sq. ft. of use area.
o Equestrian Facilities - 1 parking space per 3 corrals plus 1 horse trailer space for every 10 corrals plus 2 parking spaces for a caretaker’s unit.
o For all three uses described above the parking areas must be set back from any public right-of-way in compliance with the underlying zone and the parking area must be kept clear to provide unobstructed visibility for motorists.
• Sign Updates
o Minor updates within Section §16.38.080 “Prohibited Signs” addressing some typos for exposed tubing and LED light strings.
o Updates to Section §16.38.080 with table numbering and fixing an error in the section addressing multi-family identification signs.
o Add a table number to “Wall Sign Standards - Non-Residential” and “Freestanding Sign Standards Commercial and Industrial,” and add the number/title to Civic/Institutional.
o Update Office and Business Park standards to include “Innovation Zone” standards.
• Residential Accessory Structures
o Propose consistent setback criteria of five feet for gazebos, greenhouses, storage sheds, air conditioning, and pool equipment.
o Clarify criteria with Guest living quarters and removal of reference to ADUs, which are separately defined.
o Clarify that setbacks for pools apply to accessory improvements such as slides, pool grottos, and waterfalls.
o Updates to landscape screening methods for the visible portions from the public right-of-way of a respective cargo container.
o Updates to Accessory Uses and Structure table with refined setback, fire and building code criteria for gazebos, greenhouses, barbeque equipment/fire pits, addition of criteria for exterior staircases for balconies, pool slides, decks exempted from a building permit, and decks requiring a building permit which are over 18 inches in vertical height.
• Accessory Dwelling Units
o Minor updates to reflect requirements of recently adopted Senate Bill 477.
• Telecommunications Facilities
o Fix a minor discrepancy with the formatting and lettering of standards under Section §16.44.170.A.6 “Nonresidential Zoning District Standards”.
o Incorporation of Innovation (INN) Zone.
• Auto Sales
o Per Economic Development’s request, provide minor updates to simplify the description for Vehicle Dealerships and Vehicle Storage Facilities.
o Minor vehicle storage updates to clarify that the screening is for non-vehicular storage.
• Residential Wedding Facilities
o Correction of 4.5-acre versus 5-acre inconsistency within the MDC.
• Report of Commission Actions to City Council.
o Removal of Section §16.46.040.D. “Report of Commission Actions to City Council” to reflect that these actions are reported administratively.
• Final Map Updates
o Minor updates within Section(s) §16.90.020 “Final Review Authority”, §16.90.040 “City Engineer”, and §16.98.040 “Survey Required”.
o Designates the City Engineer with the approval authority from the City Council for the processing of final maps.
o Streamlines the processing of final maps consistent with industry standards and Subdivision Map Act provisions.
• Gross Floor Area (GFA) Definition.
o Amends Section §16.110 “Definitions of Specialized Terms and Phrases”.
o Adds a definition to help with project review and for consistency with the Objective Design Standards.
o As an industry standard, measurements are to be taken from the outside surfaces of exterior walls.
Summary Of Code Changes - Title 1, 8 And 10 (Municipal Code Updates)
• Minor Appeal Updates
o At Code Enforcement’s request, §1.26.070 “Appeal of Administrative Citation” to reflect 30 days from the current 20-day period, consistent with what is currently implemented.
• Minor Updates for Driveway Surface Parking in the ER-2 Zone
o At Code Enforcement’s request under the 5th Code Updates, portions of Section §10.44.020 needed to be brought back from an earlier update to address the parking of vehicles on private or public property. The main concern is with vehicles parking in front-yard areas on incompatible surfaces and/ or creating a hazardous condition from dismantled vehicles in front-yard areas. There was a carve-out for the surfacing requirements for Rural Residential (RR), Estate Residential 1 (ER-1), and Estate Residential 2 (ER-2) zoned properties at that time, as there could be some implementation and cost constraints with those larger properties. After this was implemented, there was a reevaluation of this issue by City Management and Code Enforcement with the potential for not having this surfacing requirement present at some of the smaller lot-size parcels (half-acre minimum) in the ER-2 zone. The thinking here is that with a smaller minimum lot size there is the potential for creating higher visibility of this nuisance from the public right-of-way. Therefore, staff is recommending the removal of this surfacing exception in the ER-2 zone.
Please note that when this item was first noticed, it provided in draft form various “Appeal” updates throughout various chapters of the MDC and MMC for consistency across many different issue areas (e.g. Business Licenses, Bingo, Fortunetelling, Public Nuisances, Weed Abatement, etc.). After further internal discussion with input from the City Attorney, it was determined that additional input is needed from departments and divisions as there are varying legal requirements per state law on appeal periods and how we presently process appeals. As a result, updates to the appeal processes will be included in a future update.
The changes proposed in this update are intended to reconcile the various code sections and achieve consistency throughout the Development (Title 16) and Municipal Code(s) (Titles 1, 8, and 10). Furthermore, it will bring consistency with new State regulations, address new issues, and address unforeseen challenges not anticipated as part of the original code adoption.
ENVIRONMENTAL DETERMINATION
The Ordinance Amendment has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined to be categorically exempt pursuant to CEQA Guidelines Section §15061(b)(3) as the activity is covered by the “common sense” exemption and that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The minor amendments inclusive of this amendment fall within the scope of this CEQA Section and would be within the framework of the City’s existing General Plan and Zoning parameters.
FISCAL IMPACT
None.
ATTACHMENTS
1. Proposed Ordinance No. 610-24
2. Redline Version of the Ordinance
3. Planning Commission Resolution