ORDINANCE NO. 597-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, APPROVING AND ADOPTING AMENDED MASTER
DEVELOPMENT PLAN MDP-2021-2430 ON A 22 -ACRE SITE TO BE DEVELOPED WITH 62 SINGLE -FAMILY DETACHED LOTS WITH RELATED
IMPROVEMENTS FOR CIRCULATION, INFRASTRUCTURE, AND MURRIETA
CREEK LOCATED EAST OF MURRIETA CREEK, WEST OF NEW CLAY
AVENUE, AND SOUTH OF “B” STREET WITHIN THE RESIDENTIAL SINGLE - FAMILY 1 (RS -1) ZONE OF THE DOWNTOWN MURRIETA SPECIFIC PLAN (DMSP) AREA (APN’s 906-193-001, 906-200-001, 002, 906-212-001, 906-221-001, 002)
WHEREAS, the applicant, Diversified Pacific Development Group LLC., (Permittee/Owner) submitted applications for an Amended Master Development Plan (MDP-2021-2430), Revised Tentative Tract Map (TTM-2021-2428) and Revised Development Plan Permit (RP -2021-2429) for the development and subdivision of 22 gross acres for 62 single -family detached and neotraditional residential units known as Ivy House (“Project”). The site has a Land Use Des ignation of Si ngle Family in the General Plan and is zoned Residential Single Family 1 (RS-1); and
WHEREAS, The project site is located in the Downtown Murrieta Specific Plan (DMSP) area and is subject to the requirements of the Re sidential Single-Family 1 ( RS-1) zone. The RS-1 zone within the DMSP requires a minimum lot size of 7,200 square feet but allows lots as small as 5,000 with the adoption of a Master Plan Overlay. The Master Development Plan development standards also wo uld apply. The DMSP serves as a Master Plan Overlay pursuant to Section 16.16.10.C.1. of the Development Code; and
WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of June 14, 2023, by mailing a notice to property owners within a 300-foot radius of the site on June 4, 2023, publishing the notice in The Press-Enterprise newspaper on June 4, 2023, and posting the Project site on June 4, 2023; and
WHEREAS, pursuant to Development Code section 16.64.040, the City Council is authorized to approve master development p lans and amendments. The Planning C ommission shall provide written recommendations to the council regarding master development plan adoption and amendments; and WHEREAS, on June 14 , 202 3, the Pla nning Commiss ion of the City of Murrieta held a duly noticed public hearing, and after considering all written and oral reports of staff, public testimony on the matter, and written and oral testimony pr ovided by the applicant, recommended the City Council approve the Master Development Plan Amendment; Development Plan Revision and Tentative Tract Map Revision ; and
WHEREAS, a public hearing for the Project was held by the Planning Commission on June 14, 2023, at which time reports, recommendations, and public statements were considered; and WHEREAS, at its meeting on June 14, 2023, the Planning Commission used its independent judgment and considered all the reports, recommendations, and testimony set forth above , voted (5-0) recommending approval to the City Council; and
WHEREAS, a hearing on the matter was duly noticed as provided in Development Code section 16.76 for the City Council meeting of October 3, 2023; and
WHEREAS, a public hearing was duly noticed for the City Council meeting of October 17, 2023, for the Second Reading,
Ordinance No. 597-23
WHEREAS, the City Council has consider ed the facts presented in this case, including the written and oral staff reports on the Project, public testimony, and written and oral evidence presente d to the Planning Commission,
NOW, THEREFORE, the City Council of the City of Murrieta, California, does ordain as follows:
SECTION 1. FINDINGS
Based upon the substantial evidence presented at the public hearing s on June 14, 2023, including written and oral staff reports and public and applicant written and oral testimony on the record from the Planning Commission public hearing, in accordance with Murrieta Development Code chapter 16. 64, the City Council of the City of Murrieta approves the Revised Master Development Plan MDP -2021-2430 in accordance with the following findings pursuant to Development Code Section16.64.110:
1. The proposed Master Development Plan is consistent with the objectives, policies, general land uses, programs, and actions of all elements of the general plan.
FACTS: The proposed amended Master Development Plan establishes standar ds consistent with the General Plan and Downtown Murrieta Specific Plan, including Goal LU-17: Historic Murrieta as the City’s cultural, civic , and community center. Policy LU-17.3 Encourage the loc ation of civic, institutional, office, and other job-creating uses in Historic Murrieta. Supportive residential development should be encouraged. This project provides supportive residential development to implement Goal and Policy LU-17, LU-17.3. Goal ED-10: A revitalized and economically stable Historic Down town Mu rrieta. Policy ED-10.5 Consider opportunities for the development of higher-density residential uses to support commercial development within the Historic Downtown. The standards for the Residential Single Family 1 (RS -1) zone, the site design, and architectural standards are in Section 5.0. The revised Master Development Plan identifies the distribution, location, and extent of land uses within a development site and identifies regulations and criteria for the development of the site. The density is 3.5 d.u. per acre for the RS-1 zoned properties and is within the permitted range of this zone with the adoption of the revised Master Development Plan. The Project preserves and dedicates nat ural resources rela ted t o Murrieta Creek and implements se veral c omponents of the site design and architect ural standards in Section 5.0 of the Downtown Specific Plan such as landscaped parkways, street trees for each lot, alleys and alley-loaded garages, and front porches.
2. The Master Development Plan ade quately addresses the physical development charac teristics of the subject site.
FACTS: The project site will be graded and include stormwater treatment and drainage facilities to comply with flood zone requireme nts of the Federal Emerg ency Management Age ncy (FEMA). The proposed project design preserves approximately 40% of the project site as open space. The project does not adversely impact and is found to be consistent with the Army Corps of Engineers and R iverside County Flood Control District Murri eta Creek Improvement project regarding establishing the top of the bank and setbacks from ultimate improvements. The Drainage Study, CLOMR, and grading plan show a design that can provide adequat e setbacks from the floodway of Murrieta Creek to provide a flood-free Project.
3. The development standards contained in the Master Development Plan serve to protect the pu blic convenience, health, safety, and general welfare.
Ordinance No. 597-23
FACTS: The revised Master Development Plan wi ll contribute to the compl etion of links and improvements in the City’s circulation and trail system. The proposed project incorporates water quality ma nagement measures and furthers the objectives of the Downtown Murrieta Specific Plan. Development stan dards have be en evaluated and found to b e consi stent with the Development Code to protect the public convenience, health, safety, and general welfare.
4. The Master De velopment Plan is consistent with all applicable requirements of local ordinances and state law.
FACTS: The proposed Master De velopment Plan is consistent with the Downtown Murrieta Specific Plan, including the standards for th e RS-1 zone (landscaping, setbacks, building heights) as well as lighting standards unique to the DMSP, and stormwater desig n. Purs uant to S ection
16.16.10 C. 1. of the Development Code, a Master Plan Ove rlay shall be imple mented by a Master Development Plan and the Downtown Murrieta Specific Plan serves a s the overlay. The project has been subject to a joint projec t review and findi ngs by th e Regional Con servation Authority which found that the project i s consistent with t he criteria of the Multi ple Species Habitat Conservation Plan. All permits relating to building permits, water quality management, regional drainage systems, and natural watercourses will be obtained and are conditioned with the Project.
5. The proposed Master Development Plan or amendme nt would be in compliance with the provisions of the California Environmental Quality Act (CEQA).
FACTS: An addendum to the previously certified Mitigated Negative Declara tion (MND) was prepared in compliance with Section 15164 of the California Environm ental Quality Act. The residential development is not proposing any substantial cha nges that will require any significant revisions to the certified MND due to the involvement of new significant environmental effects or an increase in the severity of any identified significant effects; there h ave been no new substantial changes in the circumstances under which the Projec t was u ndertaken which will require major revisions of the previous certified MND, and new information of substantial importance has not been discover ed. The Project is subject to the previous Mitigation Measures identified in t he Mitigation Monitoring and Reporting Program (MMRP).
6. The pr oposed master development plan amendment would not create internal inconsistencies within the master development plan and is consistent with the purpose and intent of the master development plan it is amending.
FACTS: The Amended Master Developmen t Plan is consistent with the Downtown Murrieta Specific Plan, including the standards for the RS -1 zone. Purs uant to Section 16.16.10 C. 1. of the Development Code, a Master Plan Overlay shall be im plemented by a Master Development Plan and the Downtown Murrieta Specific Plan serves as the overlay. The amended Mast er Development Plan replaces and voids the previous master development plan and would not create internal inconsistencies within the mast er development plan. The project has been subject to a joint project review and findings by the Regional Conservatio n Authority which found that the project is consistent with the criteria of the Multiple Species Habitat Conservation Plan.
7. The proposed Master De velopment Plan would be in compliance with the provisions of the Multiple Species Habitat Conservation Plan (MSHCP).
FACTS: The City of Murrieta adopted the Multiple Species Habitat Conservation Plan (MSHCP) on September 16, 2003 . The proposed developme nt site is within Crite ria Area #6314 and Ordinance No. 597-23
proposed co nstrained linkage #13 as defined by the MSHCP. A Joint Project Review was completed on October 26, 2007, determining the proposed project is consistent with the goals and policies of th e MSHCP with recommendations to implemen t certain measures. Th e City has required implementation of these measure s as conditions of approval. Therefore, the City determines the project is consistent with MSHCP.
SECTION 2. APPROVAL
The Amended Master Developmen t Plan for the Ivy House Project within the Downtown Murrieta Specific Plan (MDP 2021-2430), attached to t his ordinance as Exhibit A (“Ivy House MDP”), is hereby adopted and incorporated herein b y this reference. The City Clerk is directed to reflect the adoption of the Ivy House Amended MDP on the City of Mu rrieta Zoning Map , on file in the Of fice of the City Clerk.
SECTION 3. EFFECTIVE DATE
This ordinance shall take effect and be enforced thirty (30) days following its adoption.
SECTION 4. NOTICE OF ADOPTIO N. The City Clerk shall certify the adoption o f this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at le ast five (5) days prior to the adoption of the proposed ordin ance; and within fifteen (15) days after adopti on of t he ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.
ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this _____ day of ____________, 2023.
______________________________
Lisa DeForest, Mayor
ATTEST:
______________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____________________________
Tiffany Israel, City Attorney
Ordinance No. 597-23
I, Cristal Mc Donald, City C lerk of the City of Mu rrieta, California, her eby certify under penalty of perjury that the foregoing ordinance was duly and regularly introduced at a meeting o f the City Council on the day of, 2023, and that thereafter the sai d ordinance was duly and regu larly adopted at a regular meeting of the City Council on the ____ day of ___________, 2023, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Murrieta, California this _____ day of __________, 2023.
____________________________
Cristal McDonald, City Clerk
MDP-2021-2430 (MASTER DEVELOPMENT
PLAN) DEVELOPMENT STANDARDS
FOR IVY HOUSE
(EXHIBIT A)
(Modified by Planning Commission June 14, 2023)
Boundaries consist of Assessor Parcel Numbers:
906-193-001
906-200-001
906-200-002
906-212-001
906-221-001
906-221-002
Development Standards -
The project is subject to the development standards shown in the following table. For standards not specifically addressed herein, the standards applicable to the RS -1 zone of the Downtown Murrieta Specific Plan would be applicable.
a. Additions - All additional building area proposed after the initial construction of each lot are subject to:
• Approval by the Homeowners Association or Property Owners Association , and • Administrative review, including architecture, by the Planning Director or his/her designee.
b. Landscape/Hardscape -
• All planter areas shall provide a minimum 5 feet wide planter area clear of curbs, concrete step-out strips, walkways, walls, footings, and overhead supports. If narrower landscape areas are necessary due to site constraints, the restricted width planters are to have naturally narrow growing sub-shrubs.
c. Parking -
• Parking within the Alley ROW is prohibited and will be enforced via Homeowners Association or Property Owners Association and will have no parking signs placed onsite.
d. Walls, Gates, and Fences -
• Gates separating the alley right of way and garage face are prohibited. • Outdoor Storage in an unfenced area is prohibited.
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