PLANNING COMMISSION
RESOLUTION NO. 2024-________
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MURRIETA APPROVING DEVELOPMENT PLAN PERMIT 2021-2466 (DP-2021-2466), TENTATIVE PARCEL MAP (TPM-2021-2468), PHASING PLAN (PHS-2021-2470), CONDITIONAL USE PERMIT 2021-2467 (CUP-2021-2467) AND CONDITIONAL USE PERMIT 2021-2469 (CUP-2021-2469) FOR THE CONSTRUCTION AND PHASING OF A CONVENIENCE STORE WITH BEER AND WINE SALES, SERVICE STATION, AND EXPRESS CAR WASH ON PARCEL 1 AND A DRIVE-THROUGH COFFEE SHOP ON PARCEL 2 AND A COMMERCIAL SUBDIVISION OF ONE PARCEL INTO THREE PARCELS (APN: 392-230-035) LOCATED AT THE NORTHEAST CORNER OF MITCHELL ROAD AND CLINTON KEITH ROAD (APN: 913-350-019).
WHEREAS, on November 16, 2021, an application was filed by Murrieta-CATT 2012, LLC (“Applicant”) for DP-2021-2466, CUP-2021-2467, CUP-2469, TPM-2021-2468 and PHS-2021-2470 pursuant to sections 16.52, 16.56 and 16.86 of the Murrieta Municipal Code (“MMC”) to allow the construction and operation for a gas station, convenience store, car wash, drive-through eating establishment and subdivision of a 5.24-acre site into three parcels (“Project”); and WHEREAS, the project involves initiating beer and wine sales within a proposed one-story 3,700 square-foot convenience store structure. Other uses proposed within parcel 1 of Tentative Parcel Map 38837 include an attached express car wash use and fueling station with 6 multiple-product dispensers. The proposed use on Parcel 2 includes an 886 square foot drive-through coffee shop and no use is identified on Parcel 3 as part of this entitlement; and WHEREAS, the Project site has access to Mitchell Road, Clinton Keith Road and Sierra Lane with Multi-Family 2 to the north and west, Regional Commercial uses to the east and Single-Family 1 residences to the south, across Clinton Keith Road; and WHEREAS, the Project site is on the City of Murrieta General Plan 2035 Land Use Map has a Commercial land use designation; and WHEREAS, the Project site on the City of Murrieta Zoning Map is zoned Neighborhood Commercial, “NC”, which allows for an eating establishment, convenience store and service station use with the approval of a Development Plan (“DP”); and WHEREAS, the Project site on the City of Murrieta Zoning Map is zoned Neighborhood Commercial, which allows for beer and wine sales within a convenience store and car wash use with the approval of a Conditional Use Permit (“CUP”); and WHEREAS, the applications for the Development Plan Permit, Conditional Use Permits, Tentative Parcel Map and Phasing Plan were deemed complete on August 18, 2023; and ,WHEREAS, on July 27, 2011, the Planning Commission approved TPM-2010-2895 (TPM 36281) for the subdivision of a 28-acre site into four parcels; and WHEREAS, on July 23, 2013, Parcel Map 36281 was recorded; and WHEREAS, the project site is Parcel 4 of previously approved PM 36281; and WHEREAS, on August 17, 2010, a Zone Change and General Plan Amendment was approved to rezone a 28-acre Rural Residential site to a Multi-Family, Neighborhood Commercial with an Initial Study and adopted a Mitigated Negative Declaration; and WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of March 13, 2024, by mailing a notice to property owners within 300 feet of the perimeter of the Project site on February 29, 2024, publishing the notice in “The Press-Enterprise” newspaper on March 1, 2024, and posting the site on February 29, 2024; and WHEREAS, a Notice of Determination (Section 15162) for an Addendum to an Initial Study and Mitigated Negative Declaration was prepared for the consideration of the Planning Commission, with the incorporation of the conditions and design considerations, in satisfaction of the California Environmental Quality Act (“CEQA”); and WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of March 13, 2024, by mailing a notice to property owners within 300 feet of the perimeter of the Project site on February 29, 2024, publishing the notice in “The Press-Enterprise” newspaper on March 1, 2024, and posting the site on February 29, 2024; and WHEREAS, on March 13, 2024, the Planning Commission held a duly noticed public hearing, and considered all written and oral reports of staff, heard and considered public testimony on the matter, received written and oral testimony from the applicant, and considered related materials and communications which are reflected in the administrative record of this matter.
NOW, THEREFORE, the Planning Commission of the City of Murrieta resolves as follows:
SECTION 1. In accordance with Section 16.56.040 of the MMC, and based upon the facts and statements of public and City staff, and information of record provided on the public hearing in this matter, the Planning Commission makes the following findings regarding the application for DP-2021-2466 and PHS-2021-2470:
The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this development code; FACTS: The development of the vacant property into a use for a gas station, convenience store, service station and eating establishment is allowed in the Neighborhood Commercial (NC) Zoning Classification. The beer and wine sales and car wash uses are allowable within the NC zone with Conditional Use Permit approvals. The proposed site layout and landscaping plans are in compliance with the intent of the City’s Development Code requirements in regards to setbacks and on-site landscaping.
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 complimentary 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-1.2 by identifying a location appropriate for complimentary land use. The Project proposes an eating establishment, convenience store, service station and car wash facility use in the Neighborhood Commercial Zone.
This Project will achieve various goals and policies of the General Plan, including:
Encourage retail development projects that can realistically satisfy community-wide and regionally-based demand for goods and services. (ED-4.1); and Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region. (LU-1.2); and Ensures efficient and safe access for emergency vehicles by providing minimum drive aisles widths throughout the Project site for fire vehicles. (CIR-2.14); and Provide for the development of complementary land uses, such as open space, recreation, civic, and service uses for all future residential and non-residential development. (LU-1.4); and Protect residential areas from the effects of potentially incompatible uses. Where new commercial or industrial development is allowed adjacent to residentially zoned districts, establish and/or maintain standards for circulation, noise, setbacks, buffer areas, landscaping and architecture, which ensure compatibility between the uses. (LU-3.2).
The Project is not located within any applicable Specific Plan.
The approval of the development plan permit and phasing plan for the proposed use is in compliance with the requirements of CEQA, and there would be no potentially significant negative impacts on environmental quality and natural resources that could not be properly mitigated and monitored; FACTS: The Project has been reviewed for compliance with California Environmental Quality Act (CEQA). An Addendum to the previous Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the project in compliance with section 15164 of CEQA. No substantial changes are proposed in the project which would result in new significant environmental effects, no new circumstances under which the project is to be undertaken would result in new significant environmental effects, and no new information of substantial importance, where the project would result in more significant effects on the environment than what was previously analyzed, has been found. The Addendum provides an analysis detailing compliance with CEQA.
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 eating/drinking establishment, convenience store, service station and car wash use as it will not have an adverse impact on the neighboring residential and commercial land uses or vacant Neighborhood Commercial (NC) zoned properties. The Project provides for adequate ingress/egress by providing two centrally located driveway access points. The Project is designed to accommodate on-site parking for employees with a lighting plan (using only shielded, downward lighting designs) to avoid light spill into adjacent properties and a landscaping plan that meets the requirements and will provide buffering and screening. The proposed Project will also meet the standard requirements of the Development Code with specific conditions.
The subject site is physically suitable for the type and density/intensity of the use being proposed.
FACTS: The Project site is suitable for the proposed eating/drinking establishment, convenience store, service station, and car wash use as it will not have a harmful effect on the neighboring residential and commercial zoned properties. The Project provides for adequate ingress/egress by providing two driveway access points. The Project is designed to accommodate onsite parking, lighting (using only shielded, downward lighting designs) that avoids light spill offsite, and landscaping that meets or exceeds the requirements and will provide buffering and screening. The proposed Project will also meet the standard requirements of the Development Code with specific conditions.
There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public convenience, health, safety, or general welfare.
FACTS: Water and sewer will be provided by Eastern Municipal Water District and the project is conditioned to install the necessary infrastructure prior to occupancy. Water and sewer lines are currently located in Clinton Keith Road/Mitchell Road and are available for connection. Electricity is provided by Southern California Edison Company and gas by the Southern California Gas Company. 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 2. In accordance with Section 16.52.040 of the MMC, and based upon the facts and statements of public and city staff, and information of record provided on the public hearing in this matter, the Planning Commission makes the following findings regarding the application for Conditional Use Permit 2021-2467:
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 for a car wash use, 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 applicable requirements identified in the Development Code for parking, setback, landscape, and other development standards.
The proposed use is 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 complimentary 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-1.2 by identifying a location appropriate for complimentary land use. The Project proposes a car wash facility in the Neighborhood Commercial zone and within the City limits.
This Project will achieve various goals and policies of the General Plan, including:
Encourage retail development projects that can realistically satisfy community-wide and regionally-based demand for goods and services. (ED-4.1); and Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region. (LU-1.2); and Ensures efficient and safe access for emergency vehicles by providing minimum drive aisles widths throughout the Project site for fire vehicles. (CIR-2.14); and Provide for the development of complementary land uses, such as open space, recreation, civic, and service uses for all future residential and non-residential development. (LU-1.4); and Protect residential areas from the effects of potentially incompatible uses. Where new commercial or industrial development is allowed adjacent to residentially zoned districts, establish and/or maintain standards for circulation, noise, setbacks, buffer areas, landscaping and architecture, which ensure compatibility between the uses. (LU-3.2).
The Project is not located within any applicable Specific Plan.
The approval of the conditional use permit for the proposed uses is in compliance with the requirements of CEQA, and there will be no potentially significant negative impacts on environmental quality and natural resources that could not be properly mitigated and monitored; FACTS: The Project has been reviewed for compliance with CEQA. An Addendum to the previous Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the project in compliance with sections 15162 and 15164 of California Environmental Quality Act (CEQA). No substantial changes are proposed in the project which would result in new significant environmental effects, no new circumstances under which the project is to be undertaken would result in new significant environmental effects, and no new information of substantial importance, where the project would result in more significant effects on the environment than what was previously analyzed, has been found. The Addendum provides an analysis detailing compliance with CEQA.
The site is suitable for the type and intensity of use or development that is proposed.
FACTS: The Project site is suitable for the proposed car wash use as it will not have an adverse impact on the neighboring industrial land uses or vacant Neighborhood Commercial (NC) zoned properties. The Project provides adequate ingress/egress by providing two centrally located driveway access points. The Project is designed to accommodate on-site parking for employees with a lighting plan (using only shielded, downward lighting designs) to avoid light spill into adjacent properties and a landscaping plan that meets the requirements and will provide buffering and screening. The proposed Project will also meet the standard requirements of the Development Code with specific conditions.
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 Eastern Municipal Water District, which provided a signed Project Facility Availability Forms for Sewer and Water services, stating that facilities to serve the project are available. Electricity is provided by Southern California Edison Company and gas by the Southern California Gas Company. 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 the neighboring land uses and the operation of beer and wine sales within the convenience store is not anticipated to create any long-term significant impacts related to noise, traffic, air quality, lighting, and/or other resources. Additionally, the Project is conditioned to comply with applicable standards specified within the Development Code that pertain to noise, alcohol sales use and other development standards.
SECTION 3. In accordance with Section 16.52.040 of the MMC, and based upon the facts and statements of public and city staff, and information of record provided on the public hearing in this matter, the Planning Commission makes the following findings regarding the application for Conditional Use Permit 2021-2469:
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 for beer and wine sales within a convenience store 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 applicable requirements identified in the Development Code for parking, setback, landscape, and other development standards.
The proposed use is 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 complimentary 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-1.2 by identifying a location appropriate for complimentary land use. The Project proposes an express oil change facility in the Neighborhood Commercial zone and within the City limits.
This Project will achieve various goals and policies of the General Plan, including:
Encourage retail development projects that can realistically satisfy community-wide and regionally-based demand for goods and services. (ED-4.1); and Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region. (LU-1.2); and Ensures efficient and safe access for emergency vehicles by providing minimum drive aisles widths throughout the Project site for fire vehicles. (CIR-2.14); and Provide for the development of complementary land uses, such as open space, recreation, civic, and service uses for all future residential and non-residential development. (LU-1.4); and Protect residential areas from the effects of potentially incompatible uses. Where new commercial or industrial development is allowed adjacent to residentially zoned districts, establish and/or maintain standards for circulation, noise, setbacks, buffer areas, landscaping and architecture, which ensure compatibility between the uses. (LU-3.2).
The approval of the conditional use permit for the proposed uses is in compliance with the requirements of CEQA and there will be no potentially significant negative impacts on environmental quality and natural resources that could not be properly mitigated and monitored; FACTS: The Project has been reviewed for compliance with CEQA. An Addendum to the previous Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the project in compliance with sections 15162 and 15164 of California Environmental Quality Act (CEQA). With the support of technical studies for Air Quality, Greenhouse Gas Emissions, Noise, Traffic (queuing, circulation, and ingress/egress), Stormwater and other documentation, and with implementation of the conditions of approval and design requirements, no substantial changes are proposed in the project which would result in new significant environmental effects, no new circumstances under which the project is to be undertaken would result in new significant environmental effects, and no new information of substantial importance, where the project would result in more significant effects on the environment than what was previously analyzed, has been found. The Addendum provides an analysis detailing compliance with CEQA.
The site is suitable for the type and intensity of use or development that is proposed.
FACTS: The Project site is suitable for the proposed beer and wine sales proposed within the convenience store as it will not have an adverse impact on the neighboring industrial land uses or vacant Neighborhood Commercial (NC) zoned properties. The Project provides adequate ingress/egress by providing two centrally located driveway access points. The Project is designed to accommodate on-site parking for employees with a lighting plan (using only shielded, downward lighting designs) to avoid light spills into adjacent properties and a landscaping plan that meets the requirements and will provide buffering and screening. The proposed Project will also meet the standard requirements of the Development Code with specific conditions.
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 Eastern Municipal Water District, which provided a signed Project Facility Availability Forms for Sewer and Water services, stating that facilities to serve the project are available. Electricity is provided by Southern California Edison Company and gas by the Southern California Gas Company. 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 the neighboring land uses and the operation of the oil change service business will not create any long-term significant impacts related to noise, traffic, air quality, lighting or other resources. Additionally, the Project is conditioned to comply with noise standards specified within the Development Code.
SECTION 4. Findings Pursuant to Development Code section 16.44.030.F Public Convenience or Necessity.
The public convenience would be served by the establishment of the proposed use.
FACTS: The proposed sale of beer and wine sales at the convenience store (for off-site consumption) at this location serves a public convenience as this allows customers to access this type of service that they would otherwise have to travel to surrounding communities to experience and thus would serve as a public convenience.
The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages.
FACTS: The proposed addition of alcoholic sales for off-site consumption is not anticipated to be the source of nuisance behavior if the property owner is vigilant with enforcing the conditions of approval, municipal code standards and ABC requirements. The Project has general conditions to limit nuisance behavior associated with sales of alcoholic beverages including the type of alcohol sold, the manner in which the alcohol is displayed and limitations placed on the area designated for alcoholic beverage sales in compliance with Municipal Code section 16.44.030 D and E.3. The Police Department does not believe that this use would pose as a detriment to the immediate neighborhood based on records for the calls for service within this area. The Police Department anticipates that the proposed use would not increase calls for service based on the analysis of the calls for service.
The proposed use would not be detrimental to the public health, safety, or welfare.
FACTS: The use of the premises for alcohol sales for off-site consumption in accordance with the conditions of approval, municipal code and Alcoholic Beverage Control (ABC) requirement would not have an adverse impact on the public health, safety and welfare or properties and improvement in the vicinity. The project site is within an urbanized area and it is not located within 600 feet of a sensitive receptor (K-12 private or public school or Public Park) as identified in section 16.44.030. The Police Department believes that the proposed use would not be detrimental to the public health, safety or welfare of the immediate neighborhood based on the records for the calls for service within this area.
The proposed use would not increase the severity of the existing law enforcement or public nuisance problems in the surrounding area.
FACTS: The proposed addition of alcoholic sales for off-site consumption is not anticipated to create public nuisance because the Project is subject to conditions that limit time, place and manner of alcohol sales, all of which reduce the likelihood of public nuisance issues associated with the sales of alcohol. The Police Department believes that the proposed use would not be detrimental to the public health, safety or welfare of the immediate neighborhood based on the records for the calls for service within this area. The use is not expected to pose a detriment to the immediate area and surrounding neighborhood with the implementation of the conditions of approval.
The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.
FACTS: The addition of alcoholic sales for off-site consumption implements Policy Objectives LU-1.2 and ED-4.1 of the City’s General Plan and General Plan Goal LU-1 and ED-4, by providing the community with a range of services which promotes a positive balance between the supply of retail opportunities and demand for goods and services. The addition of alcohol sales is a response to the current market for the need of these types of uses in the community while encouraging a wide variety of services and providing a diversified economic base. The Project is not located within any applicable Specific Plan.
Section 5. In accordance with Section 16.94.080 of the Murrieta Municipal Code and 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 38837 (Case No. TPM-2021-2468):
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, with General Plan Policy LU-1.2- ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region, General Plan Policy LU-1.6 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 consistent with General Plan Goal LU-7 economically viable, vital, and attractive commercial centers throughout the City that serve the needs of the community 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 LU-15.4, to encourage opportunities for retail to complement and serve the uses in the North Murrieta Business Corridor Focus Area and LU-15.5 encourage a range of retail uses that serve the local residents. The Project is consistent with General Plan Goal ED-4 positive balance between the supply of retail opportunities and demand for goods and services with General Plan Policy ED-4.1 encourage retail development project that can realistically satisfy community-wide and regionally-based demand for goods and services and ED-4.2 encourage retail development that can effectively reverse or minimize outflows of local resident expenditures to retail facilities beyond the City Limit. The Project is consistent with General Plan Goal SAF-7 reduced incidence of damage to life and property from wildland fire with General Plan Policy SAF-7.1 continue to require development in high fire hazard areas to use fire-resistant building materials and landscaping, and to meet fire department’s specification for fuel modification, access, landscaping type/placement, circulation, minimum water pressure and water facilities. The proposed subdivision is intended to allow development of a car wash, convenience store, fueling station and eating/drinking establishment within Parcel 1 and 2 and the opportunity to construct additional retail use on Parcel 3. 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 three public streets. 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 subdivision are an existing retail center and residential developments. The Project site is within a high fire hazard area zone. The General Plan EIR acknowledges future development in the Project area and cites requirements for building criteria and site maintenance techniques detailed in the Building Code and California Fire Code, Chapter 47 and addresses building material and landscape material. The Project site is not located within a fault zone, liquefaction zone, subsidence zone, or FEMA floodplain 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 site was previously a part of a subdivision in which impacts on the environment were assessed through a detailed Initial Study and Mitigated Negative Declaration (IS/MND). The original IS/MND analyzed the multi-family units for the completed residential project to the west of the Project, and 30,000 square feet of commercial uses that is the baseline for the current review. The current proposal is reviewed for the proposed uses and subdivision in compliance with California Environmental Quality Act (CEQA). An addendum to the previous IS/MND was prepared for the project in compliance with section 15164 of CEQA. The Project will carry forward the previously adopted mitigation measures required prior and during grading operations for Burrowing Owl and cultural resources. The original analysis also requires the Project to meet LEED standards in order to conform to Green House Gas Emission requirements (e.g., heat island effect, water/energy efficiency, and equipment maintenance). No substantial changes are proposed in the project which would result in new significant environmental effects, no new circumstances under which the project is undertaken that would result in new significant environmental effects, and no new information of substantial importance, where the project would result in more significant effects on the environment than what was previously analyzed. The Addendum provides an analysis detailing compliance with CEQA. The environmental review results show that the proposed uses, subdivision or improvements will not likely cause substantial environmental damage or substantially and avoidably injure fish or wildlife 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 subdivision was analyzed through the application process and found to be located within a high fire hazard zone. However, conditions are in place requiring measures to address any issues related to wildfires as part of the grading or building construction. The project is designed to comply with Murrieta Fire & Rescue Department requirements for the High Fire Hazard zone such as, secondary access requirements and building fire resistant construction material components. The landscape plan was designed to provide High Fire Hazard practices of site design including tree groupings and landscape setbacks from structures. The plan palette has been designed to use fire-resistive plants and alternative non-combustible mulch. The Project is not located in any known areas of fault zone, subsidence zone, liquefaction zone, or FEMA flood plain zone. 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.
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 will provide reciprocal access, parking, and utility easements for the proposed development. Additionally, reciprocal access will be provided to the adjacent center to the east. The project is conditioned to carry out minor improvements 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 5.24 acre site proposes to be subdivided into three parcels 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. 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 Project has been reviewed for compliance with CEQA. An Addendum to the previous Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the project in compliance with sections 15162 and 15164 of CEQA. No substantial changes are proposed in the project which would result in new significant environmental effects, no new circumstances under which the project is to be undertaken would result in new significant environmental effects, and no new information of substantial importance, where the project would result in more significant effects on the environment than what was previously analyzed, has been found. The Addendum provides an analysis detailing compliance with CEQA.
SECTION 6. Pursuant to the above findings, the Planning Commission of the City of Murrieta adopts the environmental determination and adopts this Resolution approving Development Plan 2021-2446, Conditional Use Permit 2021-2469, Conditional Use Permit 2021-2467, Tentative Parcel Map 2021-2468 and Phasing Plan 2021-2470 for the construction and phasing of a convenience store with beer and wine sales, service station, and express car wash on Parcel 1 and a drive-through coffee shop on Parcel 2 and a commercial subdivision of one parcel into three parcels (APN: 392-230-035) subject to the conditions of approval in attached Exhibit A through E and the Operations Statements in Exhibit F and G (car wash and beer and wine sales at the convenience store).
PASSED, APPROVED, AND ADOPTED THIS DAY OF 13th MARCH, 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 13th day of MARCH, 2024 by the following roll call vote:
MOTION MADE BY COMMISSIONER ____________________________ SECONDED BY COMMISSIONER _______________________________ AYES:
Noes:
Absent:
Abstained:
__________________________
Carl Stiehl, City Planner
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