PLANNING COMMISSION
RESOLUTION NO. 2024-XX
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MURRIETA APPROVING DEVELOPMENT PLAN (DP) 2023-00027, CONDITIONAL USE PERMIT (CUP) 2024-00028, FOR THE CONSTRUCTION AND OPERATION OF A REPAIR AND MAINTENANCE, MOTOR VEHICLES, USE WITH A 4,995 SQ. FT. STRUCTURE, PARKING, LIGHTING, LANDSCAPING, TRASH ENCLOSURE, AND ASSOCIATED IMPROVEMENTS ON PROPERTY LOCATED ALONG MADISON AVENUE (APN: 910-490-015) WHEREAS, on August 25, 2022, an application was filed by DMA Architect & Engineering on behalf of Rubivian Enterprises LLC/Cirocco Leal for a Development Plan Permit (DP) 2023-00027 and Conditional Use Permit (CUP) 2024-00028 pursuant to Sections 16.56 and 16.52 to allow construction and operation of a vehicle maintenance repair and tire facility (“Project”), and; WHEREAS, the Project involves developing a 0.68 net acre site with a two-story, 4,995 square feet building for an automobile repair and tire shop with a lobby, mezzanine, six service bays, associated parking lot, landscaping, and a trash enclosure. A total of 27 parking stalls are proposed on site. A Conditional Use Permit is required for repair facilities within the Community Commercial (CC) zone. The Project site is located east of Madison Avenue (approximately 1,200 feet south of Murrieta Hot Springs Road) and is comprised of Assessor Parcel Number (APN: 910-490-015).
WHEREAS, the Project site is bordered by Community Commercial (CC) zone to the east, south, north; and Madison Avenue to the east.
WHEREAS the Project site on the City of Murrieta General Plan 2035 Land Use Map has a land use designation of Commercial; and WHEREAS, the Project site on the City of Murrieta Zoning Map is zoned Community Commercial which allows for vehicle maintenance and repair services with a Conditional Use Permit (CUP). The application was deemed complete on February 11, 2024; and WHEREAS, Section 16.56.025.B.1.b of the Murrieta Municipal Code (MMC) provides that Development Plan Permits may be approved by the Development Services Director; and WHEREAS, Section 16.56.025.B.3.c and Section 16.56.025.B.3.g of the Murrieta Municipal Code (MMC) authorizes the Development Services Director to approve and impose conditions of approval upon Development Plan Permit applications; and WHEREAS, the City of Murrieta has undertaken a review of the requests, including an environmental analysis pursuant to the California Environmental Quality Act; and WHEREAS, it was determined that the “project” is exempt under CEQA Guidelines Section 15332 – “In-Fill Development Projects” – Class 32 of projects characterized as in-fill development due to being consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, proposed development occurs within city limits on a project site that is less than five acres substantially surrounded by urban uses, has no value as habitat for endangered, rare or threatened species, would not result in any significant effects relating to traffic, noise, air quality, or water quality, and site can be adequately served by all required utilities and public services; and WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of July 24, 2024, by mailing a notice to property owners within 300 feet of the perimeter of the Project site on July 12, 2024, publishing the notice in The Press Enterprise newspaper no later than July 12, 2024, and posting the Project site no later than July 12, 2024, which provided the opportunity for interested parties to provide written comments and/or attend the Public Hearing; and WHEREAS, on July 24, 2024, the Planning Commission held a duly noticed public hearing, which was continued to the next date certain Planning Commission meeting to consider all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant and such other matters as reflected in the record of this matter; and WHEREAS, on August 14, 2024, the Planning Commission held the continued duly noticed public hearing, and considered all written and oral reports of staff, public testimony on the matter and oral testimony provided by the applicant, and such other matters as reflected in the record of this matter; and NOW, THEREFORE, the Planning Commission of the City of Murrieta resolves as follows:
SECTION 1. In accordance with Section 16.52.040 of the Murrieta Development Code, and based upon the facts and statements of public and city staff, and information of record provided during the public hearing in this matter, the Planning Commission makes the following findings regarding the application for Conditional Use Permit 2024-00028:
The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code; FACTS: The City of Murrieta Development Code (Section 16.10.010, Table 16.10-1) allows the proposed use (Repair and Maintenance, Motor Vehicles), subject to the issuance of a Conditional Use Permit. The Project, as described in the staff report, is a compatible use to the surrounding zoning within the area. The Project complies with all the applicable requirements identified in the Development Code including standards for vehicle repair and service (Murrieta Development Code Section 16.44.190).
The proposed would be consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan; FACTS: General Plan Goal LU-1 looks to provide a complementary balance of land uses throughout the community that meets the needs of existing residents and businesses as well as anticipated growth and achieves the community’s vision. The Project is consistent with Policies LU-1.5 and LU-1.6, which encourage a wide variety of retail and commercial services in appropriate locations. These goals also promote development that reduces infrastructure construction costs and makes better use of existing and planned public facilities. The Project is consistent with General Plan Goal LU-9 for land use patterns and urban design that support healthy and sustainable lifestyles and businesses. The Project supports Policy LU-9.7, which helps produce development patterns to become more conducive to short, local, and walkable trips, which could increase opportunities for physical activity and decrease time spent driving. This project would achieve various goals within the Circulation Element, including: Ensuring efficient and safe access for emergency vehicles by providing minimum drive aisle widths throughout the project for emergency vehicles (CIR-2.14); The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA), and there will be no potentially significant negative impacts on environmental quality and natural resources that could not be properly mitigated or monitored; FACTS: The project is exempt under CEQA Guidelines Section 15332 – In-fill Development Projects. The project is consistent with the General Plan Designation and all applicable zoning designations and regulations. The proposed project is within city limits. The project site has no value, as habitat for endangered, rare, or threatened species. Approval of project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The site can be adequately served by all required utilities and public services. Therefore, the Project is exempt from CEQA consistent with Class 32 In-fill Development Projects and a Notice of Exemption shall be filed.
The site is suitable for the type and intensity of use or development that is proposed; FACTS: The Project site is currently a vacant 0.68-net acre lot and will be developed with a new building, parking, trash enclosure, and landscaping. The project is adjacent to a General Plan Circulation Element street providing access to the site. The lot size is adequate to accommodate the proposed use while complying with the City’s development standards.
5. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare.
FACTS: The project will be served by the Western Municipal Water District, which provided a signed Project Facility Availability Form for Sewer and Water services stating that facilities to serve the project are available. Southern California Edison Company provides electricity and Southern California Gas Company provides gas. Waste Management provides residential and commercial waste disposal services in the City of Murrieta. The project site is located in an area where existing public safety and services are readily available.
The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.
FACTS: The Project will not have an adverse impact on the environment because the proposed site improvements can be implemented without creating a significant impact on neighboring land uses, and the repair and maintenance of motor vehicles will not create any significant long-term impacts related to noise, traffic, air quality, or other resources. The applicant will adhere to any requirements per the Noise Impact Analysis provided for the project to address any noise impacts (Attachment 6). The proposed building will be situated on the property site to not show the interiors of work bays and to limit noise from equipment to Madison Avenue.
SECTION 2. In accordance with Section 16.56.040 of the Murrieta Development Code, and based upon the facts and statements of public and city staff, and information of record provided during the public hearing in this matter, the Planning Commission makes the following findings regarding the application for Development Plan Permit 2023-00027:
The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this development code; FACTS: The City of Murrieta Development Code (Section 16.10.010, Table 16.10-1) allows the proposed use (Repair and Maintenance, Motor Vehicles), subject to the issuance of a Conditional Use Permit. The Project, as described in the staff report, is compatible with the surrounding zoning within the area. The Project complies with all the applicable requirements identified in the Development Code, including standards for setbacks, building height, and landscaping requirements.
The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan.
FACTS: General Plan Goal LU-1 looks to provide a complementary balance of land uses throughout the community that meets the needs of existing residents and businesses as well as anticipated growth, and achieves the community’s vision. The Project is consistent with Objective LU-1.4 by identifying a location appropriate for a complementary land use.
The approval of the development plan permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored; FACTS: The Project meets the qualifications of being categorically exempt under Class 32 which is characterized as “In-Fill Development Projects”. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.
The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located; FACTS: The Project site is suitable for the proposed repair and maintenance of motor vehicles because it is compatible with existing uses in the vicinity of the Project site due to an existing car dealership and high-intensity retail box store. The site will also have substantial perimeter landscaping with a primary and secondary access to the site from access road off of Madison Avenue. Additionally, most of the activity will be between the hours of 8 am to 6 pm.
The subject site is physically suitable for the type and density/intensity of the use being proposed; FACTS: The Project site is suitable for a repair and maintenance of motor vehicles type business as it will not have an adverse impact on the neighboring commercial retail businesses or vacant Community Commercial zoned properties. The proposed Project will meet the standard requirements of the Development Code and specific conditions have been included in the Conditions of Approval to ensure compliance.
There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed uses would not be detrimental to the public convenience, health, safety, or general welfare; FACTS: The Project is currently located within the Western Municipal Water District. Electricity is provided by Southern California Edison Company; gas is provided by the Southern California Gas Company; and Waste Management provides residential and commercial waste disposal services in the City of Murrieta. The Project site is located in an area where existing public safety and services are readily available.
SECTION 3. Pursuant to the above findings, the Planning Commission of the City of Murrieta Adopts the environmental exemption and adopts this Resolution approving Development Plan (DP-2023-00027) and Conditional Use Permit (CUP-2024-00028) for the construction and operation of repair and maintenance of motor vehicles facility with onsite parking, ingress/egress points, frontage improvements, landscaping, and trash enclosure, subject to the conditions of approval in attached Exhibit A (DP-2023-00027, COAs), Exhibit B (CUP-2024-00028 COAs), and Statement of Operations in Exhibit C.
PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF AUGUST, 2024 _____________________________
Planning Commission Chairperson
ATTEST:
_______________________________________
Carl Stiehl, City Planner
City of Murrieta, Development Services Department
I, Carl Stiehl, City Planner, City of Murrieta, California do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the Planning Commission on the 24th day of July, 2024 by the following roll call vote:
MOTION MADE BY COMMISSIONER _____________________________ SECONDED BY COMMISSIONER ________________________________ AYES: _________
NOES: _________
ABSENT: _________
ABSTAINED: _________
_______________________
Carl Stiehl, City Planner
Page PAGE 7 of NUMPAGES 7
ATTACHMENT 1
PAGE 1 of NUMPAGES 7
Rod-From this Section 2 and below, you should refer to the Development Plan template. If you are thinking of deleting any of the sections do it in a “Track Changes” so I can verify and ‘accept” or ‘deny’.
Copy.