TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: Carl Stiehl, City Planner
PREPARED BY: Chris Tracy, AICP, Senior Planner
SUBJECT: title
Reintroduction of Hillside Updates (DCA-2021-2396) to amend the 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 adding new Sections 16.24.080, entitled “Exceptions”, 16.24.090, entitled “Reserved”, and 16.24.100, entitled “Hillside Overlay Map” - Continued from the June 10, 2026 Planning Commission hearing.
end
RECOMMENDATION
recommendation
1. Re-Open the Public Hearing;
2. Accept public testimony;
3. Adopt a Resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MURRIETA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AUTHORIZE THE FILING OF THE ENVIRONMENTAL DETERMINATION AND APPROVE DEVELOPMENT CODE AMENDMENT 2021-2396 RELATED TO CHAPTERS 16.08, 16.14, 16.18, 16.22, 16.24, AND 16.28.
body
ENVIRONMENTAL
The proposed action was reviewed for consistency with the citywide Comprehensive Development Code in 1998. These standards were originally evaluated and implemented under the adopted Negative Declaration for implementation of the Comprehensive Development Code on October 28, 1997. These updates have been evaluated for consistency for the current “Project” proposal utilizing this Negative Declaration and the Murrieta General Plan Final FEIR and Subsequent SEIR in 2021 (SCH No. 2010111084), by the City of Murrieta, in accordance with Public Resources Code Section 21166 and California Environmental Quality Act (CEQA)Guidelines Section 15162. Based on this evaluation, staff determined the project would not result in new impacts or changed circumstances that would require a new environmental document, and the previous environmental document adequately covers these modifications (Attachment 4).
PRIOR ACTION/VOTE
See the Background Section of this report.
EXECUTIVE SUMMARY
Since 2022, the City of Murrieta has worked to modernize its hillside development regulations, which have remained largely unchanged for nearly three decades and were often criticized for being subjective and inconsistent. Recognizing that original standards were applied citywide without precise mapping, the City Council initiated a series of workshops between 2022 and 2026 to overhaul the Development Code related to hillside standards. The primary goal of these updates is to replace antiquated formulas and vague criteria with clear, objective standards. By utilizing modern Geographic Information Systems (GIS) technology, the City has established a formal Hillside Overlay Map, ensuring that restrictive regulations, such as a 25% slope threshold, apply only to designated areas rather than citywide, which was never the intention.
The proposed amendments introduce specific technical refinements to improve administrative efficiency and project predictability for both staff and applicants. Key changes include a standardized methodology for measuring building heights on slopes, the elimination of manual average slope calculations in favor of GIS data, and clarified requirements for retaining walls, landscaping, and fuel modification zones for fire safety. While the Council opted to defer a comprehensive citywide retaining wall update to a separate future ordinance, the current modifications incorporate higher-quality design guidelines, such as muted color palettes and tiered landscaping, to mitigate visual impacts on the natural landscape. These updates represent a significant shift toward transparency and regulatory clarity, aligning local code with state housing laws while balancing private property rights with the preservation of Murrieta's scenic hillside character.
BACKGROUND
On May 13, 2026, the Planning Commission conducted a duly noticed public hearing to consider a proposed Development Code Amendment (DCA-2021-2396) related to hillside development regulations. During that meeting, the Planning Commission closed the public hearing but continued the item to allow staff additional time to further clarify the definitions of "developed" (related context to “disturbed”) and "undeveloped" (related context to “undisturbed”) hillside areas. These refinements have since been incorporated into the draft Ordinance.
The following information depicts the revised table as it relates to the topic of “Developed” and “Undeveloped” updates as provided in the draft Ordinance, which can be found in Table 16.24-1 of the draft ordinance:
|
Topic |
|
Summary of Revision |
|
Hillside Development Permit |
|
Clarifies that a Hillside Development Permit continues to apply to previously undisturbed hillside areas. Work within previously developed portions of a site may qualify for existing permit exemptions, such as limited flatwork, pools, spas, and similar improvements involving 50 cubic yards or less of earthwork. |
|
Evidence of a Developed Site |
|
Identifies objective records that may be used to establish that an area was previously developed, including grading permits, approved grading plans, building permits, and certificates of occupancy. |
|
Agricultural Uses |
|
Clarifies that agricultural activities and improvements, such as orchards, vineyards, grazing, irrigation systems, fencing, and agricultural access roads, do not by themselves establish that a hillside area is considered developed. |
|
Sites Without Permit History |
|
Establishes a process allowing historical aerial photography to be used when permit records are unavailable. The Director makes the initial determination, with any disagreement referred to the Planning Commission for a final decision. |
|
Grading Permits |
|
Clarifies that grading permit requirements continue to depend on the extent of proposed earthwork, while distinguishing how developed and undeveloped portions of a property are evaluated under the City's existing grading regulations. |
|
Fine Grading and Drainage Review |
|
Clarifies that developed portions of a site remain subject to City Engineer review when required under the Municipal Code. |
|
ADUs and Accessory Structures |
|
Confirms that state law tolling provisions continue to apply to ADUs requiring discretionary approvals and clarifies that larger accessory structures remain subject to Hillside Development Permit requirements. |
|
Hillside Design Standards |
|
Confirms that all development within designated hillside areas remains subject to the applicable hillside design standards regardless of whether portions of the site are previously developed. |
|
Definitions |
|
Adds new definitions for "Developed," "Undeveloped," and clarifies the treatment of agricultural uses to improve consistency and reduce subjectivity in ordinance administration. |
The affected development activity based on the updated draft ordinance language is identified below. Staff notes the Planning Commission can adjust any of the parameters to allow further development without a Hillside Development Permit, however the hillside development standards would still apply. Exempting properties from the Hillside Overlay area would require further analysis by staff.
|
Activity |
Threshold |
Result |
|
Flatwork, pools, spas, and similar improvements within a previously developed area |
≤ 50 cubic yards of earthwork |
Exempt from a Hillside Development Permit, provided the work occurs in a legally developed/disturbed portion of the site and otherwise qualifies under the Municipal Code exemptions. |
|
Grading within developed portions of a site |
> 50 cubic yards of earthwork |
Reviewed under the City's grading ordinance. A grading permit is required unless the work qualifies for an exemption determined by the City Engineer. |
|
Fine Grade & Drainage Review |
≤ 50 cubic yards of earthwork |
Required only when the grading ordinance requires City Engineer review; otherwise exempt. |
|
Accessory Dwelling Units (ADUs) |
No size threshold, but triggered if over 50 cubic yards of grading is proposed. |
ADU processing is tolled while any required discretionary approvals (such as grading permits) are completed, consistent with state law. |
|
Accessory Structures |
1,000 square feet or greater |
Requires a Hillside Development Permit. |
|
Agricultural improvements |
Not threshold-based |
Agricultural improvements (e.g., orchards, vineyards, grazing, irrigation, fencing, agricultural access roads) do not establish a "developed" hillside condition by themselves. |
In addition, staff proposes the following new definitions based on feedback from May 13th Planning Commission:
Agricultural Use. “Developed” as it relates to a disturbed hillside area condition does not include agricultural uses or improvements customarily associated with agricultural operations, including but not limited to crop cultivation, grazing, orchards, vineyards, irrigation systems, fencing, or agricultural access roads. The installation or maintenance of such agricultural improvements shall not, by itself, cause a hillside area to be considered “developed” for purposes of this Chapter.
Developed. Means land that has been altered from its natural state through grading, excavation, fill placement, construction, paving, landscaping, or installation of infrastructure improvements.
Undeveloped. Means land within a hillside area that remains in a substantially natural state and has not been significantly altered by grading, construction, paving, or installation of infrastructure improvements.
Rounding
In response to the discussion at the May 13th Planning Commission meeting on the question of rounding a property’s average slope calculation, the proposed ordinance includes language indicating that slope calculations are not to be rounded to the nearest whole number. Accordingly, the changes below to Table 16.24-2 are proposed.
In addition, during public testimony and as provided in written form later, a stakeholder suggested replacing the term "encourage" with "reasonably consider" in several provisions of Murrieta Development Code Section 16.24.010, noting that the latter more accurately reflects the procedural nature of the standards (Attachment 5). Staff reviewed the suggestion and did not identify any concerns with the proposed revision. Staff appreciates the stakeholder's input and has incorporated the recommended change into the draft Ordinance at Section 16.24.010 which has been modified as depicted below:
C. Encouraging Reasonably consider development proposals that feature water conservation and aquifer recharge techniques;
D. Encouraging Reasonably consider development proposals that are sensitive to fire, flood, slide, erosion, pollution, or other safety hazards;
E. Encouraging Reasonably consider sensitive development through flexible design and innovative arrangement of building sites by utilizing variable lot sizes, clustering, and setback variations;
G. Encouraging Reasonably consider developments that incorporate desirable existing features of land (e.g., natural vegetation, viewsheds, topographic features);
Please note that this item was originally continued to the June 10, 2026, Planning Commission meeting. However, due to a lack of quorum, the meeting was not held, and the item was subsequently continued to the current hearing date.
For additional background and details regarding the proposed Ordinance amendments, please refer to the May 13, 2026, Planning Commission Staff Report (Attachment 6), and also see Attachment 7.
ATTACHMENTS
Attachment 1 - Hillside Updates Resolution
Attachment 2 - Exhibit A - Hillside Updates Ord. Clean Title 16
Attachment 3 - Exhibit B - Hillside Updates Ord. Redline Title 16
Attachment 4 - Hillside Updates - 15162 Consistency Analysis
Attachment 5 - Stakeholder Correspondence from Kassen Klein
Attachment 6 - May 13, 2026 - PC Staff Report
Attachment 7 - Hillside Updates PC Public Notice - Continued to July 8, 2026