PLANNING COMMISSION
RESOLUTION NO. 2024-________
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MURRIETA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PLAN PERMIT NO. 2022-2605/2023-00006 (DP 2022-2605/2023-00006) FOR CONSTRUCTION OF 387 MULTI-FAMILY UNITS AND ASSOCIATED AMENITIES AND IMPROVEMENTS, LOCATED SOUTHEAST OF THE INTERSECTION OF MURRIETA HOT SPRINGS ROAD AND JEFFERSON AVENUE (APN 910-410-011) WHEREAS, on June 28, 2022, the City of Murrieta received an application for Development Plan Permit No. 2022-2605 (DP 2022-2605), (the “Project”) pursuant to section 16.56 of the City of Murrieta Development Code proposing the construction of 387 multi-family units and associated amenities and off-site roadway infrastructure improvements; and WHEREAS, the Project site is bordered by Jefferson Avenue and Business Park zoning to the west of the project site, Murrieta Hot Springs Road and Community Commercial (CC) zoning with the Transit Oriented Development (TOD) Overlay to the north, vacant land and CC zoning to the south, and watercourse and existing commercial development to the east along with CC zoning; 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 (CC) within the Transit Oriented Development (TOD) Overlay District. The CC zoning district permits destination centers, supermarkets, and smaller single-lot, commercial activities. Financial, office, and restaurant activities are also allowed. The TOD Overlay District allows a mix of residential and non-residential land uses that are near transit to encourage mixed land uses for enhanced transit and pedestrian activity. As described under Murrieta Municipal Code Section 16.16.040.C, all uses in the applicable underlying zoning district are allowed, in addition to multi-family residential and mixed-use developments with densities of at least 30 dwelling units per acre (du/ac) with the approval of a Development Plan permit; and WHEREAS, the City of Murrieta has undertaken a review of the requests, including an environmental analysis pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the Initial Study and Mitigated Negative Declaration were issued for a 30-day disclosure period between August 11, 2023, and September 11, 2023; and WHEREAS, comments were received from public agencies, and responses were prepared and sent to each of the respective commenters; and WHEREAS, it was determined that the Project as proposed, is consistent with the General Plan and Zoning designations, is served by the required utilities and public services, and a Mitigated Negative Declaration has been prepared for this Project, pursuant to the CEQA Guidelines; and, WHEREAS, the Planning Commission has considered and adopted the CEQA Initial Study including the Mitigation Monitoring and Reporting Program (MMRP) and supporting documentation for more specific information, and, WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of March 27, 2024, by mailing a notice to property owners within 300 feet of the perimeter of the Project site on March 17, 2024, publishing the notice in “The Press-Enterprise” newspaper on March 17, 2024, and posting the site on March 17, 2024; and WHEREAS, on March 27, 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.
WHEREAS, the Planning Commission has considered the Development Plan Permit as proposed; and NOW, THEREFORE, the Planning Commission for the City of Murrieta hereby resolves as follows:
SECTION 1. In accordance with Title 16, Article IV of the Murrieta Municipal Code, and based upon the facts, the Planning Commission makes the following findings regarding Development Plan permit 2022-2605/2023-00006 (DP 2022-2605/2023-00006):
The proposed use is allowed within the subject zoning district and complies with all applicable provisions of the Murrieta Development Code.
FACTS: The proposed Development Plan permit (DP) (Murrieta Hot Springs at Jefferson Residences) multi-family project is consistent with the Murrieta Development Code and General Plan.
The Project site has a General Plan land use designation of Commercial and a Zoning designation of Community Commercial (CC) within the Transit Oriented Development Overlay (TOD). The TOD allows a mix of residential and non-residential land uses that are near transit to encourage mixed land uses for enhanced transit and pedestrian activity. As indicated in Section 16.16.040 of the Municipal Code, all uses in the applicable underlying zoning district are allowed, in addition to multi-family residential and mixed-use developments with densities of at least 30 dwelling units per acre (du/ac). The proposed development plan proposes 387 multi-family units at a minimum density of 30 dwelling units per acre consistent with the City’s TOD standards; thereby furthering the City’s vision for the buildout of the TOD area.
General Plan Goal LU-1 - 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 implements this Goal by providing multi-family residential use within the TOD area. Consistent with assumptions made by the City’s General Plan, the subject site will accommodate residential development. The Project provides necessary road and sewer infrastructure. The future residents of the Project will complement the retail, office, and commercial businesses in the area, as these are within walking distance of the project site. A sidewalk is to be constructed, as conditioned with the Project, which will provide pedestrians with a connection to the shopping center to the east, along Murrieta Hot Springs Road.
The Project is consistent with Policies LU-1.2, LU-1.3, and LU-1.6 – Land use designations that will provide for a wide range of densities, ensure opportunities for all types of housing, and 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 implements these policies by implementing the land use pattern envisioned by the Transit Oriented Development (TOD) Overlay District. The TOD Overlay District allows a mix of residential and non-residential land uses that are near transit to encourage mixed land uses for enhanced transit and pedestrian activity. The Project’s density at a minimum of 30 dwelling units per acre increases the supply of residential multifamily product that is in high demand within the City. The Project is in proximity to commercial centers and civic/institutional centers within the City.
The Project is consistent with General Plan Goal LU-3 - Stable, well-maintained residential neighborhoods in Murrieta. The Project is consistent with this goal by providing a safe, clean, and well-maintained residential community in the City. The Project is consistent with Policy LU-3.4 – Strive to provide a diverse mix of housing types, along with high standards of residential property maintenance. The Project provides multiple-family dwelling units that add diversity to the City’s housing stock which consists of market-rate housing. The Permittee proposes to use quality construction materials and will actively manage the site via a Property Manager to ensure it meets community property maintenance standards.
The Project is consistent with General Plan Policy LU-12.1, as the Project provides for residential use for the benefit of the existing retail and job environment.
The Project provides road improvements such as access driveways and deceleration lanes on Jefferson Avenue and Murrieta Hot Springs Road. The Project also provides for other improvements such as striping, bicycle lanes, sidewalks, and landscaping. City staff has analyzed the Project design, including conceptual street plans, grading plans, hydrology, stormwater, and traffic to ensure the Project provides for a consistent design for future public and private streets. GOAL CIR-1 provides for a circulation system that serves the internal circulation needs of the city, while also addressing the intercommunity or travel needs. This goal is achieved by the review of Engineering, Traffic, and Capital Improvement Program (CIP) staff for review, including but not limited to sight distance, minimum driveway spacing requirements, off-site property ingress/egress points, undergrounding of power lines, sewer and water upgrades and hydrology for the Project and the jurisdictional watercourse. As stated in the following policy, CIR-1.5 is to maintain a set of street standards and require that all new road facilities be constructed or upgraded, where feasible, to meet City standards. Please see the Conceptual Grading and Utility Plan, found in Attachment 4.b. of the staff report.
The General Plan GOAL CIR-2 instructs to have a comprehensive circulation system that promotes safety. The Project design demonstrates, and the confirmed review by staff and certification by the applicant’s engineer of work, demonstrates consistency with policy CIR-2.9, to ensure new roadways and intersections provide adequate sight distances for safe vehicular movement.
GOAL CIR-3 seeks circulation systems that preserve the quality of residential neighborhoods. The DP design shows the residential design is served by internal driveways, which prohibit situations of bypass routes. This demonstrates consistency with CIR-3.2, as staff has reviewed the design of all proposed new residential neighborhoods to ensure that “cut-through” routes are minimized, and pedestrian connections are maximized.
As stated by GOAL CIR-6, Alternative travel modes and facilities are available to serve residents and employers/employees and reduce Vehicle Miles Traveled (VMT). The Project provides modes and facilities for residents, who will complement the adjacent retail, office, and job environment. This provides for the use of sidewalks as part of the Project frontage improvements along Murrieta Hot Springs Road and sidewalk and bicycle lane on Jefferson Avenue. In addition, the Project relies upon a Traffic Impact Analysis, which shows consistency with policy CIR 6.15, which is to utilize VMT as the performance measure to be used for CEQA transportation analyses conducted in the City to be consistent with SB 743. VMT has been the performance measure for both land development and transportation projects since July 1, 2020.
The Project includes the construction of sewer, water, stormwater, sidewalks, pathways, and roads. In confirming conformance with the Infrastructure Element of the General Plan, staff and Applicant have coordinated with the respective water/sewer district to ensure the Project is conditioned to provide adequate services for future business and residential uses. The Project design demonstrates consistency with GOAL INF-1 by ensuring that new development and redevelopment are coordinated with the provision of adequate infrastructure for water, sewer, stormwater, and energy. Also, INF-1.4 is intended to ensure that new development and redevelopment provide infrastructure for water, sewer, and stormwater that adequately serves the proposed uses and that such has been coordinated with affected infrastructure providers. Lastly, with an analysis of the Water Quality Management Plan and Drainage Study, the Project complies with stormwater regulations, including Policy INF-1.11, to ensure sufficient levels of storm drainage service are provided to protect the community from flood hazards and minimize the discharge of materials into the storm drain system that is toxic, or which would obstruct flows.
The Project demonstrates consistency with the applicable objectives, policies, and goals. With the implementation of the conditions of approval and mitigation measures, the Project is found to be consistent with this finding.
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: The site is physically suitable for development for the proposed multi-family project. The Project is consistent with the Land Use and Housing Element goals by providing a balanced community in a location accessible to jobs, retail, schools, recreation, and public transportation.
The multi-family residential project can facilitate required setbacks, density, parcel coverage, common and private open space, amenities, landscaping, parking, driveways, stormwater systems, utility boxes, signage, and other ancillary needs for the ultimate structures.
General Plan Goal LU-1 - 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 implements this Goal by providing 387 units of housing to help accommodate the current demand for quality housing, and anticipated growth in the City of Murrieta. The Project is consistent with Policies LU-1.2, LU-1.3, and LU-1.6 – Land use designations that will provide for a wide range of densities, ensure opportunities for all types of housing, and promote future patterns of development and land use that reduce infrastructure construction costs and make better use of existing and planned public facilities. As the Project is consistent with the General Plan designation, the Project implements these policies by implementing the land use pattern envisioned in the General Plan. The Project’s density also allows for a more efficient delivery of infrastructure, and public services.
The Project is consistent with General Plan Goal LU-3 - Stable, well-maintained residential neighborhoods in Murrieta. The Project is consistent with this goal by providing a safe, clean, and well-maintained residential community in the City. The Project is consistent with Policy LU-3.4 – Strive to provide a diverse mix of housing types, along with high standards of residential property maintenance. The Project adds 387 units at varying affordability levels depending on unit size and adds diversity to the City’s housing stock, which consists of mostly single family market-rate housing. The Permittee proposes to use quality construction materials and will actively manage the site to ensure it meets community property maintenance standards.
The Project is consistent with General Plan Goal LU-4 - A housing stock that meets the diverse needs of Murrieta’s existing and future residents. The Project is consistent with this Policy by adding 387 multi-family dwelling units in the City, where most of the current housing supply is single family. This Project meets the needs of current and future residents. The Project is consistent with Policy LU-4.3 - The Project is consistent with Policy LU-4.3 - Locate multiple-family housing adjacent to jobs, retail, schools, open space, public transportation, and transportation corridors. The Project implements this policy by adding multiple-family housing in Murrieta, with retail commercial centers within walking distance of the site and office, civic and recreational areas in close proximity. The project site is also located along Murrieta Hot Springs Road and Jefferson Avenue which are classified as Urban Arterial and Arterial, respectively, by the City’s General Plan Circulation Element. These arterials serve as key transportation corridors through the City.
The Project is consistent with General Plan Goal LU-9 - Land use patterns and urban design that support healthy and sustainable lifestyles and businesses. The Project is consistent with this Goal by offering amenities such as common outdoor space, a spa terrace, a pool courtyard, outdoor balcony, view lawn, barbeque, and fire pit areas and a dog park. The proposed indoor amenities in the leasing and amenity building would include a fitness center, club room, a game room, co-working space conference rooms and private offices. Also, each apartment unit would feature a private balcony, with balcony sizes varying depending on the unit plan type. The Project is also consistent with Policy LU-9.3 - Encourage new neighborhoods to be built on a pedestrian scale, within walking distance of parks, neighborhood-serving commercial areas, and other neighborhood amenities. The Project is located within walking distance of bus stops, jobs, infrastructure, parks, schools, and Downtown Murrieta. Implementation of the project would also provide for a 5-foot sidewalk along Murrieta Hot Springs Road consistent with City standards, furthering the pedestrian opportunities in the area.
The Project is consistent with Housing Element Goals 1, 3, 4, and 5, to provide adequate housing opportunities throughout the City of Murrieta, minimize the impact of governmental constraints on housing production and affordability, promote equal housing opportunity for all residents, and identify adequate sites to achieve housing variety. The Project implements these goals of the General Plan by increasing the supply of multiple-family housing that is in heavy demand in the City. The Project is located on a site the City has identified to achieve housing variety and adequate supply through the General Plan. Policies 1.1, 1.3, 1.5, 3.1, 3.4, 5.1, 5.2, and 5.5 provide a range of residential development types in Murrieta, including low-density single-family homes, moderate-density townhomes, higher-density multi-family units, and residential/commercial mixed-use in order to address the City’s share of regional housing needs to facilitate the development of housing; and identify vacant and/or underutilized parcels, throughout the City, that can accommodate a variety of housing types for all socioeconomic segments of the community. The Project increases the supply of higher-density market-rate multi-family units in the City. The project would also help with regional housing needs. The Project represents an opportunity to meet the needs of residents in the City on a currently vacant and underutilized site.
The multi-family residential use allowed within the CC zone, due to the TOD overlay, will maintain internal consistency with the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. With the implementation of the conditions of approval, the Project is consistent with this finding.
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 on environmental quality and natural resources that could not be properly mitigated and monitored.
FACTS: The proposed project would construct 387 multi-family units. The Murrieta Hot Springs at Jefferson Residences Project was analyzed in the Initial Study and prepared in compliance with CEQA (see Attachment 3.a. of the staff report). The Project will be subjected to additional review by federal, state, and county agencies, and tribal governments when subsequent permits are processed. The Project also will provide for fee payments that will go to drainage, Stephens Kangaroo Rat (SKR), and the Multiple Species Habitat Conservation Plan (MSHCP).
The proposed Project was also reviewed for consistency with the MSHCP for Western Riverside County. The Property is not within a criteria cell and the Project is demonstrating avoidance of the on-site jurisdictional watercourse through design and providing for fee payment as ordinance mitigation. The Project was also processed under AB 52 and involved meaningful consultation with Pechanga. Specific mitigation measures have been incorporated into the Project and MMRP to ensure that no cultural resources will be adversely impacted, and in the event that inadvertent finds are located during grading, an on-site reburial area will be identified in the avoidance area. With the implementation of the conditions of approval, and the MMRP, the Project is consistent with this finding.
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 proposes a Development Plan permit for a 387-unit multi-family apartment development. The proposed roads, stormwater facilities, water/sewer infrastructure, and other public health and safety items have been carefully analyzed. This includes the utility layout, preliminary grading plan, traffic impact analysis, stormwater management plan, hydrology study, geotechnical analysis, air quality/greenhouse gas emission report, and noise impact analysis are supporting documents that are found as appendices to the MND, which are included as part of the staff report. The thorough analysis demonstrates compliance with the laws, ordinances, and regulations for the processing of a Development Plan permit. With the implementation of the conditions of approval, the Project will not conflict with this finding.
The subject site is physically suitable for the type and density/intensity of the use being proposed; and FACTS: The site is located near two major streets, Murrieta Hot Springs Road, and Jefferson Avenue. The Project avoids impacting the on-site jurisdictional water through site design. The Project has been conditioned to comply with General Plan requirements. The future multi-family Project is permitted by the general plan land use designation, would be compatible with the adjacent uses, and would not be negatively impacted by the approval of a multi-family residential use at this location. Based upon a review of the title report as verified by the applicant’s engineer of work, the proposed Project does not impede access to existing easements.
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: The Project is designed with adequate open areas, safe circulation, and proper drainage. The site will be served by all necessary public utilities and infrastructure. These provisions are available from various existing off-site connections via Jefferson Avenue and Murrieta Hot Springs Road. The Project has been through a preliminary review by the Western Municipal Water District, and the Permittee will comply with their conditions during final engineering for the safe provision of water and sewer service. The proposed construction is conditioned and will comply with all applicable fire and building codes.
SECTION 2. Pursuant to the above findings, the Planning Commission of the City of Murrieta approves the above-referenced development subject to the attached Conditions of Approval in Exhibit A.
SECTION 3. Pursuant to Government Code Section 66020, the 90-day approval in which the applicant may protest the imposition of any fees, dedications, reservations, or exaction imposed pursuant to this approval, shall begin on March 28, 2024.
SECTION 4. The use of this Permit shall be subject to the regulations of this and any other applicable governmental agency.
SECTION 5. Issuance of this Permit by the City of Murrieta does not authorize the applicant and successors for this Permit to violate any Federal, State or City laws, ordinances, regulations, or policies thereof.
SECTION 6. The City of Murrieta Development Code. Chapter 1.26 (Administration Citations) and Chapter 16.84 (Enforcement Provisions), provide for the issuance of Administrative citations for municipal code violations. Should non-compliance with said terms and conditions of this Development Plan permit or any violation of the Municipal Code, the City has the right to issue administrative citations containing as assessment of civil fines for each violation and collect administrative fines for violations.
SECTION 7. Pursuant to the above findings, the Planning Commission of the City of Murrieta adopts the environmental determination and adopts this Resolution approving Development Permit (DP) No. 2022-2605/2023-00006 subject to the conditions of approval in attached Exhibit A (DP 2022-2605/2023-00006 Conditions of Approval).
PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF 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 ______ day of ________, 2024 by the following roll call vote:
MOTION MADE BY COMMISSIONER ____________________________ SECONDED BY COMMISSIONER _______________________________ AYES:
Noes:
Absent:
Abstained:
__________________________
Carl Stiehl, City Planner