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: title
Second Reading and Adoption of an Ordinance Concerning the Hillside Development Standards
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ABSTRACT
Ordinance No. 638-26 (Attachment 1) modernizes the City’s hillside development regulations by establishing clearer, more objective standards for applicability, permitting, grading, development standards, and exceptions within the Hillside Area Overlay. Following its September 15, 2026, first reading, the ordinance returns to the City Council for second reading and final adoption, including a December 31, 2028, sunset clause to allow further evaluation of criteria for exempting certain parcels from hillside development requirements.
RECOMMENDATION
recommendation
Conduct the second reading and adopt Ordinance No. 638-26, entitled: An Ordinance of the City Council of the City of Murrieta, California, to Amend the Murrieta Municipal Code (Titles 8 and 15), Chapters 8.20, 15.52, and to Amend Murrieta Development Code (Title 16) for the Purpose of Revising and Updating Chapters 16.08, 16.14, 16.18, 16.22, 16.24, 16.28, and to Add New Sections 16.24.080, entitled “Exceptions,” 16.24.090, entitled “Reserved,” and 16.24.100, entitled “Hillside Overlay Map” with a Sunset Clause to Exempt Parcels No Later than December 31, 2028.
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PRIOR ACTION/VOTE
On September 15, 2026, the City Council held a public hearing and approved the first reading of the ordinance as drafted, with an amendment adding a sunset clause to exempt parcels no later than December 31, 2028 (Vote: 3-1-1).
STRATEGIC ALIGNMENT
This item aligns with the City Council goal to maintain a high-performing organization that values fiscal sustainability, transparency, accountability, and organizational efficiency. Updating the Hillside Ordinance is a Tier 1 priority project.
DISCUSSION
The proposed ordinance represents the culmination of the City’s multi-year effort to modernize and clarify its existing hillside development regulations. The goal of these amendments is to establish clearer and more objective standards for determining where the City’s hillside regulations apply and how development within designated hillside areas is reviewed.
Among other changes, Ordinance No. 638-26 clarifies the applicability of the hillside regulations; incorporates a Hillside Overlay Map (Attachment 2) into the Development Code; establishes updated slope determination criteria/technology for review; clarifies when a Hillside Development Permit is required; distinguishes between developed/disturbed and undeveloped/undisturbed hillside areas; updates definitions, application requirements, and review procedures; revises standards related to grading, building height, site access, retaining walls in hillside areas, landscaping, and aesthetic treatments; and establishes specified exceptions from Hillside Development Permit requirements.
At its September 15, 2026, meeting (Attachment 3), the City Council reviewed the proposed amendments, introduced Ordinance No. 638-26 for a first reading, and discussed the balance between establishing objective hillside development standards and minimizing additional regulatory requirements for affected property owners. Discussion touched on retaining wall standards, grading and aesthetic requirements, the distinction between developed/disturbed and undeveloped properties, and whether certain hillside standards could ultimately be incorporated into the Development Code citywide rather than applied solely through the Hillside Overlay. Staff presented examples from other Southern California municipalities to suggest increasing the current 50 cubic yard threshold for triggering a Hillside Development Permit to a range between 200 and 500 cubic yards. However, the Council shifted the focus towards a more potential acreage-based exemption standard, primarily debating the trade-offs of a five-acre exemption threshold.
Ultimately, the City Council voted to approve the first reading of the ordinance as drafted, with a sunset clause to exempt parcels no later than December 31, 2028. This was provided to allow additional time to implement a more permanent regulatory solution. The Council discussion also contemplated evaluating retaining walls, grading, and hillside-related aesthetic standards for potential citywide application, while providing additional time for staff to analyze the appropriate regulatory framework.
The ordinance is now before the City Council for second reading and final adoption.
Following adoption, Ordinance No. 638-26 will become effective 30 days thereafter.
CEQA AND REGULATORY OVERVIEW
The proposed amendments have been evaluated in accordance with the California Environmental Quality Act (CEQA). The City has determined that the amendments do not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring preparation of a subsequent environmental document pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162.
The environmental determination is based upon the previously adopted Negative Declaration for implementation of the Comprehensive Development Code and the environmental review associated with the Murrieta General Plan, including the General Plan Final Environmental Impact Report and subsequent environmental review (SCH No. 2010111084) (Attachment 4).
The City received approval from the Riverside County Airport Land Use Commission (see Attachment 5). No additional environmental review is required in connection with the second reading and adoption of Ordinance No. 638-26.
FISCAL IMPACT
Should the City Council create an exemption threshold for hillside development in the future, there may be a de minimis reduction in permit fee revenue.
ATTACHMENTS
ATT 1 - Ordinance No. 638-26
ATT 2 - Hillside Overlay Map
ATT 3 - September 15, 2026 - City Council Staff Report
ATT 4 - 15162 Consistency Analysis
ATT 5 - 15162 Draft Notice of Determination (NOD) - Subsequent Action
ATT 6 - Riverside County Airport Land Use Comm (ALUC) Approval Letter - 8-27-26