PLANNING COMMISSION
RESOLUTION NO. 2024-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MURRIETA TO APPROVE TENTATIVE PARCEL MAP 38891 (PLAN-MAPS-2024-00021), A MAP CONSOLIDATING TWO LOTS INTO ONE PROJECT SITE ASSOCIATED WITH THE DEVELOPMENT OF AN APPROVED CONVENIENCE STORE AND FUELING STATION BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL IN EXHIBIT A (APN’S: 392-270-057, 392-270-058).
WHEREAS, the applicant, Chris Salem, Murrieta Investment Properties, LLC (Permittee/Owner) submitted an application for a Tentative Parcel Map (PLAN-Maps-2024-00021), to consolidate two lots into one project site (“Project”). The site has a Land Use Designation of Commercial in the General Plan and is zoned Regional Commercial (RC); and WHEREAS, the Project site is approximately 1.8 acres in size and is located on the southwest corner of Clinton Keith Road and McElwain Road, Murrieta, California; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”) the Project Entitlements are subject to review pursuant to CEQA, and the City of Murrieta as lead agency, is responsible for assessing the environmental impacts, if any, which may result from the Project; and WHEREAS, the Project as proposed, is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 (Minor Land Divisions), the map is consistent with the General Plan and zoning designation, no variances or exceptions are required, all services and access to the parcels to City standard are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and has an average slope of less than 20%; and WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of September 11, 2024 by mailing a notice to property owners within a 300 foot radius of the site on August 29, 2024, publishing the notice in The Press Enterprise newspaper on September 1, 2024, and posting the Project site on September 1, 2024; and WHEREAS, at its meeting on September 11, 2024, the Planning Commission used its independent judgment and considered all the reports, recommendations, and testimony set forth above; and NOW, THEREFORE, the Planning Commission of the City of Murrieta resolves as follows.
Section 1. Findings and Recommended Approval of Tentative Parcel Map in accordance with Section 16.94.080 of the Murrieta Municipal Code.
Based upon the facts, testimony and information provided and of record in these proceedings, the Planning Commission makes the following findings regarding Tentative Parcel Map 38891 (Case No. PLANS-Map-00021):
1. The proposed map, design or improvement is consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans and all applicable provisions of the Murrieta Development Code.
FACTS: The proposed subdivision is consistent with General Plan Goal LU-1 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, General Plan Policy LU-1.2 to ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region, and General Plan Policy LU-1.6 to promote future patterns of development and land use that reduce infrastructure construction costs and make better use of existing and planned public facilities. The Project is also consistent with General Plan Goal LU-7 to create economically viable, vital, and attractive commercial centers throughout the City that serve the needs of the community, and with General Plan Policy LU-7.1 to work with property owners of vacant commercial zoned property to develop their site into appropriate, economically viable projects. The Project is consistent with General Plan Goal ED-4 to provide a positive balance between the supply of retail opportunities and demand for goods and services, General Plan Policy ED-4.1 to encourage retail development projects that can realistically satisfy community wide and regionally-based demand for goods and services, and with General Plan Policy ED-4.2 to encourage retail development that can effectively reverse or minimize outflows of local resident expenditures to retail facilities beyond the City Limit. The proposed map is intended to facilitate development of an approved convenience store and fueling station. There is no specific plan associated with this Project.
2. The site is physically suitable for the type or density of development proposed.
FACTS: The site is physically suitable for development and is compatible with the surrounding properties. The property fronts the public street with close access to a federal highway. The development is adequate in size to accommodate the proposed commercial uses while complying with or exceeding the City’s development standards. The other uses adjacent to the proposed map are an existing retail center, housing, and undeveloped land. The Project site is not located within a fault zone, liquefaction zone, subsidence zone, or FEMA flood plain area.
3. The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
FACTS: The Project has been determined to be exempt under Section 15315 – Minor Land Divisions, pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA), California Code of Regulations (CCR) Title 14 Division 6, Chapter 3 of the California Code of Regulations a Notice of Exemption was prepared for this Project. The proposed Project is part of the Multiple Species Habitat Conservation Plan (MSHCP) for Western Riverside County however it is not located within a criteria cell therefore the MSHCP does not call for conservation at this location. The Project does not have impacts to fish or wildlife or their habitat.
4. The proposed project will not adversely affect the public health, safety and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area.
FACTS: The proposed map was analyzed through the application process and found consistent with the underlying approved site plan. The map is needed to dedicate a roadway for a deceleration lane to safely take vehicle traffic from Clinton Keith Road into the Project site. An access restriction is removed for secondary access for safe circulation and emergency response. The Project is not located in any known areas of the fault zone, subsidence zone, liquefaction zone, or FEMA flood plain zone. The proposed Project will not adversely affect public health, safety, and welfare, nor will it be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area.
5. The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.
FACTS: The proposed subdivision is conditioned to establish reciprocal access, and utility easements for the proposed development. The improvements are conditioned through the Tentative Parcel Map. The proposed subdivision will not impact any easements or any other use of the property.
6. The proposed Tentative Parcel Map is consistent with the Murrieta Municipal Code and the Subdivision Map Act and complies with all applicable requirements of state law and local ordinances.
FACTS: The proposed 1.80-acre site proposes a map merging two parcels into a single parcel and Lot A for street dedication and is consistent with the City’s development requirements for commercial parcels in terms of minimum lot size and access. All of the parcels have access to public streets through the site’s interior driveway design and reciprocal access agreements. The tentative parcel map includes the dedication of access easements to ensure public and utility access to all the parcels therefore, the proposed Tentative Parcel Map is consistent with the Murrieta Municipal Code and the Subdivision Map Act and complies with all applicable requirements of state law and local ordinances.
7. The proposed use is in compliance with the provisions of the California Environmental Quality Act.
FACTS: The proposed Tentative Parcel Map, is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Minor Land Divisions), the map is consistent with the General Plan and zoning designation, no variances or exceptions are required, all services and access to the parcels to City standard are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and has an average slope of less than 20%. The subdivision is not located within the MSHCP.
SECTION 2. Pursuant to the above findings, the Planning Commission of the City of Murrieta adopts this Resolution certifying the Project to be exempt from further environmental review pursuant to CEQA Guidelines, Section 15315 (Minor Land Divisions) as further detailed in the findings provided in this resolution and approves Tentative Parcel Map 38891 (PLAN-Maps-2024-00021) subject to the conditions contained in the attached Exhibit A all of which are incorporated herein by this reference.
PASSED, APPROVED, AND ADOPTED THIS 11th DAY OF SEPTEMBER, 2024 ______________________________
Planning Commission, Chairperson
ATTEST:
______________________________
Carl Stiehl, City Planner
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 ______ day of ________, 2024 by the following roll call vote:
MOTION MADE BY COMMISSIONER ____________________________ SECONDED BY COMMISSIONER _______________________________ AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Carl Stiehl, City Planner
01375.0005/1007255.1
01375.0005/1007255.1