This title is and may be cited as the city of Murrieta development code, Title 16 of the Murrieta municipal code, hereafter referred to as "this development code."

(Ord. 182 § 2 (part), 1997)

This development code implements the policies of the Murrieta general plan by classifying and regulating the uses of land and structures within the city. This development code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity and general welfare of residents and businesses in the city. Additional purposes of this development code are to:

   A.   Implement the goals, objectives, policies and programs of the Murrieta general plan, and to manage future growth and development in compliance with that plan;

   B.   Provide standards for the orderly growth and development of the city that will maintain the community's housing, service, retail and employment needs in appropriate locations;

   C.   Require high quality planning and design for development, that enhances the visual character of the city, avoids conflicts between land uses, and preserves the scenic qualities of the city;

   D.   Conserve and protect the natural resources of the city, its natural beauty and significant environmental amenities;

   E.   Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities; and

   F.   Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code.

   A.   This development code is enacted based on the authority vested in the city by the state of California, including but not limited to the state Constitution; 65800 and subsequent sections of the California Government Code; the California Environmental Quality Act, Subdivision Map Act, and the Health and Safety Code.

   B.   This development code is the primary tool used by the city to implement the goals, objectives, policies, and programs of the Murrieta general plan. The city council intends that this development code be consistent with the Murrieta general plan, and that any land use, subdivision or development approved in compliance with this development code will also be consistent with the Murrieta general plan. A proposed use is considered to be consistent with the general plan when the following conditions exist:

      1.   The proposed use is compatible with the description of the land use element designation in which the use is located, as shown by the land use element map, and as described in the text of the general plan;

      2.   The proposed use is in conformance with the goals, objectives, policies, plans, programs, maps, and guidelines and the intent of the Murrieta general plan; and

      3.   The proposed use is to be established and maintained in a manner which is consistent with all elements of the general plan and all applicable provisions contained therein.

(Ord. 182 § 2 (part), 1997)

All projects subject to the provisions of the California Environmental Quality Act (CEQA) shall be reviewed in compliance with the provisions of this code, CEQA, and the city of Murrieta environmental review guidelines.

(Ord. 182 § 2 (part), 1997)

   A.   Repeal of Riverside County Land Use Ordinances. This development code shall repeal those portions of the Riverside County land use and subdivision ordinances formerly adopted by reference by the city of Murrieta.

   B.   Zoning of Existing Specific Plans. Existing specific plans located within the city of Murrieta that were approved under the Riverside County ordinances shall be designated on the official zoning map as specific plan.

 

This development code applies to all land uses, structures, subdivisions, lot line adjustments, and development within the city of Murrieta, as follows.

   A.    New Land Uses or Structures, Changes to Land Uses or Structures. It shall be unlawful, and a violation of this development code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of 16.02.010 (Requirements for Development and New Land Uses), and 16.32 (Nonconforming Uses, Structures, and Parcels).

   B.    Issuance of Construction Permits. Building, grading, or other construction permits may be issued by the department only when the proposed land use and/or structure satisfy the requirements of subsection A above, and the director determines that the site was subdivided in compliance with all applicable requirements of Article V (Subdivisions).

   C.    Subdivision of Land. Any subdivision of land proposed within the city of Murrieta after the effective date of this development code shall be consistent with the minimum parcel size requirements of Article II (Zoning Districts and Allowable Land Uses), the subdivision requirements of Article V (Subdivisions), and all other applicable requirements of this development code.

   D.    Continuation of an Existing Land Use. An existing land use is lawful and not in violation only when operated and maintained in compliance with all applicable provisions of this development code. The requirements of this development code are not retroactive in their effect on a land use that was lawfully established before the effective date of this development code or any applicable amendment. A use that was legally established but does not fully comply with all of the requirements of this development code may be maintained in compliance with 16.32 (Nonconforming Uses, Structures, and Parcels).

   E.    Effect of Development Code Changes on Projects in Progress. The enactment of this development code or amendments to its requirements may impose different standards on new land uses. The following provisions determine how the requirements of this development code apply to projects in progress at the time requirements are amended.

      1.   Projects with Pending Applications. Applications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department prior to the effective date of this development code, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this development code.

      2.   Approved Projects not yet Under Construction. An approved project for which an approved land use has not been established or which construction has not begun (excluding parcel and tentative maps) as of the effective date of this development code or amendment, may still be established or constructed as approved, before the expiration of an applicable land use permit (16.80.060, Time Extensions) or, where applicable, before the expiration of an approved time extension.

      3.   Projects Under Construction. A structure that is under construction on the effective date of this development code or any amendment, need not be changed to satisfy new or different requirements of this development code.

   F.    Other Requirements may still Apply. Nothing in this development code eliminates the need for obtaining any other permits required by the city, or permits, approvals or entitlements required by other provisions of the municipal code or the regulations of a city department, or county, regional, state, or Federal agency.

   G.    Conflicting Permits and Licenses to be Void. Permits or licenses shall be issued by the city in compliance with the provisions of this development code, after the effective date of this development code or amendment. Permits or licenses issued in conflict with this development code shall be void.

(Ord. 202 § 2 (part), 1999; Ord. 182 § 2 (part), 1997)

This development code shall be administered by the Murrieta city council, planning commission, development services director, and the Murrieta development services department, in compliance with 16.46 (Administrative Responsibility).

(Ord. 182 § 2 (part), 1997)

If any article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this development code is held to be invalid, unconstitutional or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this development code. The Murrieta city council hereby declares that this development code and each article, chapter, section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion would have been adopted irrespective of the fact that one or more portions of this development code may be declared invalid, unconstitutional or unenforceable.

(Ord. 182 § 2 (part), 1997)

No use of land or structures shall be established, constructed, reconstructed, altered, expanded, allowed or replaced unless the use of land or structures complies with the following requirements.

   A.   Allowable Use. The land use shall be identified by 16.08 (Residential Districts), 16.10 (Commercial Districts), 16.11 (Office Districts), 16.12 (Business Park and Industrial Districts), 16.13 (Innovation District), 16.14 (Special Purpose Districts), or 16.16 (Combining and Overlay Districts) as being allowable in the zoning district applied to the site.

   B.   Permit Requirements. Land use permits required by this development code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in 16.02.020 (Exemptions from Land Use Permit Requirements).

   C.   Development Standards. Uses and/or structures shall comply with the applicable development standards of this development code, including Article II (Zoning Districts and Allowable Land Uses), and the provisions of Article III (Site Planning and General Development Standards), and other city standards and policies related to the use and development of land.

   D.   Exceptions to Development Standards. The development standards contained herein may be waived or modified as part of the development plan or conditional use permit process if it is determined that the standard is inappropriate for the proposed use, and that the waiver or modification of the standard will not be contrary to the public health, safety, and general welfare.

   E.   Conditions of Approval. Uses and/or structures shall comply with all conditions imposed by a previously granted land use permit.

   F.   Development Agreements. Uses and/or structures shall comply with an applicable development agreement approved by the city in compliance with 16.54 (Development Agreements) or by Riverside County prior to city incorporation, even if in conflict with this development code.

   G.   Other Development Policies. The city may adopt policies separate from this development code that may effect the use and development of land. All applicable policies, standards, and procedures related to land development shall apply when appropriate as determined by the review authority.

The land use permit requirements of this development code do not apply to the activities, uses of land and/or structures identified by this section.

   A.   General Requirements for Exemption. The activities, uses of land and/or structures identified by subsection B. below are exempt from the land use permit requirements of this development code only when:

      1.   The activity or use is established and operated in compliance with applicable development standards of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards); and

      2.   Permits or approvals required by regulations other than this development code are obtained in compliance with 16.02.040 (Additional Permits and Approvals May Be Required).

   B.    Exempt Activities and Uses. The following activities, uses of land and/or structures are exempt from the land use permit requirements of this development code when in compliance with subsection A. above.

      1.   Decks, Paths, and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit and are not over eighteen (18) inches above natural grade.

      2.   Fences and Walls—Residential Zoning Districts. Fences and walls in the residential zoning districts are exempt from land use permit requirements as follows:

         a.   Interior Lots: Fences and walls up to three feet in height when located within the required front yard, or up to six feet in height when located outside the required front yard; and

         b.   Corner Lots: Fences and walls up to three feet in height within the required front yard. street side yard, and within a traffic safety visibility area. Fences and walls up to six feet in height when located outside the required front yard and traffic safety visibility areas, and at least five feet from the street side property line.

      3.   Governmental Activities. Activities of the city. state or an agency of the state, or the federal government on land owned or leased by a governmental agency.

      4.   Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or a change in the allowed use of the structure.

      5.   Repairs and Maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if exterior repairs employ the same materials and design as the original.

      6.   Small Residential Accessory Structures. Portable storage sheds and other small structures in residential zoning districts that are exempt from Building Permit requirements and are less than one hundred twenty (120) square feet in gross floor area. These facilities shall comply with the side and rear setback requirements established by Article II (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or 16.44.150 (Residential Accessory Uses and Structures), where applicable.

      7.   Outdoor Play Equipment. Outdoor play equipment (e.g., swings, slides, climbing towers, bridges, and similar elements) less than eight feet in height and a footprint less than one hundred twenty (120) square feet. These facilities shall comply with the side and rear setback requirements established by Article 11 (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or 16.44.150 (Residential Accessory Uses and Structures), where applicable.

      8.   Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and fish ponds, etc., that do not exceed: one hundred twenty (120) square feet in total area. including related equipment; contain more than two thou-sand (2,000) gallons of water; and exceed eighteen (18) inches in depth. These facilities shall comply with the side and rear setback requirements established by Article II (Zoning Districts and Allowable Land Uses) for the applicable zoning district. or Section 16.44.150 (Residential Accessory Uses and Structures), where applicable.

      9.   Utilities. The erection, construction, alteration. or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including structures. shall be allowed in any zoning district. Satellite and cellular telephone antennas are subject to Section 16.44.170 (Telecommunications Facilities).

      10.    Walls, Retaining Walls. Walls less than thirty (30) inches in height located in compliance with subsection (B)(2) above, and retaining walls (retaining earth only) that result in grade changes of thirty (30) inches or less and are not required to have a building permit.

(Ord. 182 § 2 (part), 1997)

Requirements for establishing a temporary use (e.g.. construction yards. seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 16.70 (Temporary Use Permits).

(Ord. 182 § 2 (part), 1997)

An allowed land use that is exempt from a land use permit. or has been granted a land use permit, may still be required to obtain other permits before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:

   A.   Other provisions of the municipal code, including: building permits, grading permits, other construction permits, or a business license; or

   B.   Riverside County, a special district, or any regional, state or federal agency.

All necessary permits shall be obtained before starting work or establishing a new use.

(Ord. 182 § 2 (part), 1997)

This chapter provides rules for resolving questions about the meaning or applicability of any part of this development code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this development code and the general plan.

(Ord. 182 § 2 (part), 1997)

   A.   Authority. The director is assigned the responsibility and authority to interpret the requirements of this development code.

   B.   Language.

      1.   Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this development code. The city of Murrieta is referred to hereafter as the "city." The city of Murrieta development code is referred to hereafter as "this development code." The development services director is referred to hereafter as "director," the city council is referred to as the "council," the planning commission is referred to as the "commission." "Buildings and structures" are referred to hereafter as "structures."

      2.   Terminology. When used in this development code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is per-missive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to."

      3.   Number of Days. Whenever a number of days is specified in this development code, or in any permit, condition of approval, or notice issued or given as provided in this development code, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday.

      4.   Minimum Requirements. When interpreting and applying the regulations of this development code, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

      5.   State Law Requirements. Where this development code references applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

   C.   Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

      1.   Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

      2.   If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the most appropriate zoning for the property will be determined through the review of a zoning change application;

      3.   Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.

      4.   Where a public street or alley is officially realigned, the zoning district boundary line shall automatically be adjusted to the new centerline of the public street or alley, and the area on either side of the new street or alley centerline shall be zoned the same as the adjacent property. This automatic adjustment in zoning district boundaries only applies if the resulting zone change reduces and/or increases the zoning districts area by a maximum of 5%; otherwise, a zone change and possible general plan amendment is required.

   D.   Allowable Uses of Land. If a proposed use of land is not specifically listed in Article II (Zoning Districts and Allowed Land Uses), the use shall not be allowed, except as follows:

      1.   Similar Uses Allowed. The director may determine that a proposed use that is not listed in Article II is allowable if the proposed use is substantially the same in character and intensity as those listed in Article II. Such a use is subject to the permit process that governs the category in which it falls.

      2.   Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this development code apply.

      3.   Commission Determination. The director may forward questions about similar uses directly to the commission for a determination.

   E.   Conflicting Requirements:

      1.   Development Code and Municipal Code Provisions. If conflicts occur between requirements of this development code, or between this development code and other regulations of the city, the most restrictive shall apply.

      2.   Development Agreements or Specific Plans. When conflicts occur between the requirements of this development code and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.

      3.   Private Agreements. This development code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of the agreement or restriction. The city shall not enforce private covenants or agreements unless it is a party to the covenant or agreement.

(Ord. 492 Exhibit 1, 2014; Ord. 480-13 § 3, 2013; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

Whenever the director determines that the meaning or applicability of the requirements of this development code are subject to interpretation generally or as applied to a specific case, the director may issue an official interpretation. Interpretations may also be requested in compliance with this section.

   A.   Request for Interpretation. A request shall be written, specifically state the provision(s) in question, and provide information to assist in their review.

   B.   Record of Interpretations. Official interpretations shall be:

      1.   In writing, and shall quote the provisions of this development code being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

      2.   Distributed to the council, commission, city attorney, city clerk, and department staff.

Provisions of this development code that are determined by the director to need refinement or revision should be corrected by amending this development code as soon as is practical. Until amendments can occur, the director will maintain a record of official interpretations, available for public review, and indexed by the number of the Section that is the subject of the interpretation.

   C.   Appeals and Referral. Interpretations of this development code by the director may be appealed to the commission as provided by 16.78 (Appeals). The director may also refer interpretations to the commission for a determination.

(Ord. 182 § 2 (part), 1997)