DRAFT
CONDITIONS OF APPROVAL
SPECIFIC PLAN AMENDMENT 2023-00003
THE TRIANGLE (SP 276-AMENDMENT NO. 2)
SEPTEMBER 20, 2024
All of the following conditions shall be subject to the approval of the City Council prior to the approval of permits implementing this project or in accordance with the mitigation measures contained in the environmental documentation for the project. These conditions are not intended to be all inclusive of the requirements that may be imposed on future discretionary permits required to construct this project. The City reserves the right to review future permit applications in accordance with City environmental review procedures. These conditions shall be attached to the resolution approving the Specific Plan document and placed on file with the City Clerk.
GENERAL CONDITIONS:
The applicant or any successor-in-interest shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Specific Plan 2023-00003. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
Any fees due the City of Murrieta for processing this project shall be paid to the City within ninety (90) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.
Specific Plan Amendment No. 2 shall comply with the original conditions of approval, issued as part of Specific Plan Amendment No. 1, Ordinance 481-13.
Specific Plan 2023-00003 shall consist of the following:
Specific Plan Document, which must include, but not be limited to the following items:
City Council Specific Plan Ordinance.
Findings for Approval.
Conditions of Approval, including original Ordinance and Conditions of Approval Land Use Plan in both 8 ½” x 11” black and white and 11’ x 17” color formats.
Specific Plan Text and Exhibits
Environmental Package, which must include, but not be limited to, the following items.
Environmental Consistency Analysis/Addendum to the Subsequent Environmental Impact Report Mitigation Reporting/Monitoring Program. (M/MRP)
Technical Appendices (Consistency Analysis).
Original Condition of Approval No. 4c shall be modified as follows:
Remove all language referring to proposed new billboards.
Remove all language referring to reconstructing existing billboards to electronic display billboards.
Remove all language referring to proposed gas stations/service stations.
Remove all language referring to proposed food related drive-through facilities, including in the allowed uses matrix and all related development standards. (Modified by City Council 10/1/13) Remove the word “Gaming Clubs” from the list of uses in Table 2-2 No.8 in the Specific Plan. (Added by Planning Commission 5/8/13) Add “Automotive Sales/Showroom Facility-Indoor only” as a permitted use within Table 2-1 of the Specific Plan (Added by City Council 10/1/13) Modify “Warehouse Retail Stores” as a Conditional Use Permit (CUP) within Table 2-1 of the Specific Plan (Added by City Council 10/1/13).
Modify “Warehouse Retail Stores-Over 70,000 square feet” as a Minor Conditional Use Permit.
Clarify recycling facilities as “Small Recycling Facilities and Reverse Vending Machine Recycling Facilities” as identified in the Development Code (Added by City Council 10/1/13).
Remove “Motels” from the list of uses in Table 2-1 of the Specific Plan (Added by City Council 10/1/13).
Allow Convenience Stores only as part of an office building or other primary building, not as a stand-alone structure (Added by City Council 10/1/13).
Within 60 days of final adoption, “Four (4) certified copies of the final SPECIFIC PLAN and environmental document (Consistency Analysis to the Subsequent Environmental Impact Report) shall be submitted to the Development Services (Planning) Department for distribution. If any specific plan conditions of approval differ from the specific plan text or exhibits, the specific plan conditions of approval shall take precedence.
Pursuant to Section 711.4 of the State of California Fish and Game Code, the permittee is required to pay a $50.00 handling fee and a certification fee for the filing of a Notice of Determination related to the Triangle (Murrieta Springs Mall) Subsequent EIR. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. To comply with State-mandated timelines for filing a Notice of Determination, the applicant shall file the NOD electronically to the Riverside County Clerk/Recorder’s Office. Failure to remit the required fee in full within the time specified above will result in a delay of the start of the 180-day statute of limitations (SOL) on Court challenges to the approval under CEQA, whereas recordation of the NOD within five (5) days of project approval limits the SOL to 35 days. In order to comply with State mandated timelines for filing of a Notice of Determination, the above fee must be paid within five (5) days after the date of final approval.
The applicant has ninety (90) days from the date of the approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations, and/or exactions imposed on this project as a result of the approval or conditional approval of this project.
The permittee/developer or their successor-in-interest shall comply with the Final Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program (MMRP) and are hereby incorporated herein as conditions of approval.
END OF CONDITIONS
Draft Conditions of Approval
SP 2023-00003
September 20, 2024
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EXHIBIT A