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ATT 2 - Ordinance No. 623-25

Murrieta City Council
September 2, 2025

Document
ATT 2 - Ordinance No. 623-25
Meeting
September 2, 2025
Body
Murrieta City Council
Original file
7.6 MB
Text extracted from the city's file for reading and search. Open the original on murrieta.legistar1.com. That file is the official record.

ORDINANCE NO. 623-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF MURRIETA APPROVING DEVELOPMENT
AGREEMENT 2024 -00004 WITH TRES ESTRELLAS, LLC

AND DOMENIGONI BARTON PROPERTIES, LLC FOR

THE SHOPS AT THE TRIANGLE PROJECT LOCATED ON
APPROXIMATELY 64.3 ACRES LOCATED ON THE SOUTH

SIDE OF MURRIETA HOT SPRINGS ROAD BETWEEN
INTERSTATE 15 AND INTERSTATE 215
Summary: This ordinance approves a n agreement relating to the development of approximately 64-acres known as the Triangle between Interstate 15 and Interstate 215.

WHEREAS, the City Council of the City of Murrieta (“City Council”) has found that development agreements strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, pursuant to Government Code Sections 65864, et seq., and Murrieta Municipal Code Chapter 16.54 the City is authorized to enter into development agreements providing for the development of land under terms and conditions as set forth therein; and WHEREAS, on August 20, 2024 the City Council considered and approved an Addendum to a previously certified Subsequent EIR (SEIR), Conduct ed the First reading of Ordinance No. 607-24 for Specific Plan Amendment No. 2 (SP-2023-00003) to Specific Plan 276 (The Triangle), and approved Tentative Tract Map 38622 (TTM -2022-2706) and Development Plan 2022- 2705 for the development of a 279,538 square foot regional commercial center on approximately 36.5 acres of a 64.3 acre site referred to as the “Shops at the Triangle”, and subsequently conducted a Second Reading of Ordinance No. 607-24 on September 3, 2024 (Project); and WHEREAS, in order to provide a greater degree of certainty regarding the orderly, timely, and economic development of Specific Plan No. 276 ( also known as the Triangle Specific Plan ), and to secure various public benefits for the community, the City has determined it is in the public interest to enter into a development agreement pursuant to the State of California’s Development Agreement Statute (California Government Code Sections 65864–65869.5), and has prepared Development Agreement DA-2024-00004 (“Development Agreement”) with Tres Estrellas, LLC and Domenigoni Barton Properties, LLC (collectively, the “Applicant”) in connection with the Project, a copy of which is attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, the term of the Development Agreement will commence upon the Effective Date and will continue for a term of ten (10 years); and WHEREAS the Project site is generally located on the south side of Murrieta Hot Springs Road between Interstate 15 and Interstate 215; and
WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of August 13, 2025 by mailing a notice to property owners within a 300- foot radius of the site on August 1, 2025, publishing the notice in the Press Enterprise newspaper on August 1, 2025; and WHEREAS, on August 13, 2025, the Planning Commission of the City of Murrieta held a duly noticed public hearing on the Development Agreement and considered 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 are reflected in the record of this matter; and WHEREAS, the Planning Commission used its independent judgment and considered all the reports, recommendations, and testimony set forth above; and WHEREAS, on August 13, 2025 the Planning Commission recommended that the City Council determine that the approval of the Development Agreement is a subsequent action contemplated as part of the Project consistent with the Addendum approved for the Project in 2024; and voted (4-0-0) to recommend approval of the Development Agreement to the City Council; and WHEREAS, a public hearing on the matter was duly noticed as provided in Murrieta Development Code section 16.78.050 for the City Council meeting of September 2, 2025 by mailing a notice to property owners within a 300- foot radius of the site on August 22, 2025, publishing the notice in the Press Enterprise newspaper on August 22, 2025; and WHEREAS, the City Council held a duly- noticed public hearing on September 2 , 2025, at which time, the City Council considered the Planning Commission recommendations, staff report and public comments, both oral and written.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and hereby incorporated by this reference.

SECTION 2 . The City Council hereby makes the following findings regarding Development Agreement DA -2024-00004 in accordance with Chapter 16.54 of the Murrieta Municipal Code, and based upon the facts and statements of public and city staff, and information of record provided at the public hearing in this matter:

A. The Development Agreement is consistent with the applicable existing land use regulations including without limitations the City’s General Plan, the City’s Municipal Code and the Triangle Specific Plan.

FACTS: The proposed Development Agreement will facilitate the development of the Project which is a major land use initiative within the City’s General Plan. The Project, and by association the proposed Development Agreement, implements the following General Plan policies:
• General Plan Goal LU-1 -“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.” • 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. • Policy LU-1.3, Establish a range of residential density and non-residential intensities to encourage a wide range of development opportunities.
• Policy LU-1.5, Encourage a wide variety of retail and commercial services, such as restaurants, and cultural arts/entertainment, in appropriate locations. Goal LU-7 “Economically viable, vital, and attractive commercial centers throughout the City that serve the needs of the community.”
• Policy LU-7.1, Work with property owners of vacant commercially zoned property to develop their sites into appropriate, economically viable projects. • Policy LU7.5, Provide convenient freeway access for regionally-serving commercial centers to attract a regional customer base.
• Policy LU-7.6, Focus commercial retail centers adjacent to major transportation corridors • Policy LU-7.8, Encourage consolidation of parking and reciprocal access agreements between adjacent business and commercial center property owners. • Policy LU-7.9, Encourage opportunities for complementary retail and service uses to serve local residents and the daytime employment population. • Policy LU-7.10, Encourage a range of retail uses that serve local residents in the region.

Goal LU-8 –“A community that provides opportunities for mixed use and/or transit- oriented development.” 4
• Policy LU-8.1, Encourage integrated development that incorporates a mix of uses (residential, commercial, office) in mixed use or transit-oriented development areas. • Policy LU-8.6, Encourage higher density residential, commercial, and employment development near a future Metrolink or High Speed Rail Station, along other major public transportation routes, and at other suitable locations. Goal LU-12 –“A focused development and economic development strategy that emphasizes specialized land use policies within identified Focus Areas.”
• Policy LU-12.1, Provide for the highest level of retail and job-creating uses in areas adjacent to the I-15 and I-215 freeways. This includes the North Murrieta Business Corridor, Golden Triangle North (Central Murrieta), and South Murrieta Business Corridor Focus Areas. Goal ED-1- “A highly visible and attractive commercial mixed-use regional hub located at the confluence of the I-15 and I-215 freeways in central Murrieta” and policies ED-1.1 & ED-1.3. The project provides the opportunity for a variety of commercial uses including retail, food/restaurant, and service uses which is conveniently located near two major freeways that will serve the region and the local residents. The planned additional services, employment opportunities, and potential fiscal revenue sources are intended to bring further balance to the existing and planned future residential uses in the city. The Specific Plan allows for a higher intensity of development and the Development Plan represents a phase within the specific plan with additional vacant land remaining for future development. Other specific goals and policies the Project is consistent with are: General Plan Goal CIR1. “A circulation system that serves the internal circulation needs of the City, while also addressing the inter-community or through travel needs and corresponding policies” (Policy CIR-1.1, CIR-1.2, CIR-1.3, CIR-1.10), Goal CIR-6 “Alternative travel modes and facilities are available to serve residents and employers/employees and reduce vehicle miles traveled”. (Policy CIR-6.8, CIR-6.9, and CIR-6.13).

The Project meets Infrastructure Element Goal INF-1, “New development and redevelopment is coordinated with the provision of adequate infrastructure for water, sewer, storm water, and energy.” and corresponding policies INF-1.1, INF-1.4, and INF1.21. The project will construct facilities both on- and off-site to support the area and help protect off-site areas from inundation.

These facilities will be constructed by the Developer and then dedicated to the appropriate public agency for ownership.

Furthermore, the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the area in which the Property is located; is in conformity with and will promote public convenience, general welfare and good land use practice; will not be detrimental to the public health, safety and general welfare; will not adversely affect the orderly development of property or the preservation of property values in the immediate neighborhood and general surrounding area; and will promote and encourage the development of the Property by providing a greater degree of certainty by providing a 10-year timeframe for the Applicant to develop the Project.

B.. The Development Agreement will be in the best interests of the City.

FACTS: The Project accomplishes the City’s goals and policies set forth in the General Plan by achieving the following objectives:
• Ensure the development of the Property consistent with applicable goals and policies of the City set forth in the General Plan.
• Expand economic development and facilitate job creation in the City by establishing new retail uses on vacant land in a developing area.
• Assist the region in achieving jobs/housing balance region-wide by attracting new businesses to the City, providing additional job opportunities in a housing-rich area, and thereby provide a more equal jobs-housing balance in the Riverside County/Inland Empire area, which will reduce the need for members of the local workforce to commute outside the area for employment.
• Construction of an attractive mixed-use retail development, which meets the local demand for neighborhood serving retail and entertainment uses in the City and throughout the region.
• Implement the type and amount of retail uses at the Property that are viable based on market demand.
• Accommodate new development in a phased, orderly manner that is coordinated with the provision of necessary infrastructure and public improvements • Provide for uses that will generate tax revenue for the City including, but not limited to, increased property and sales tax, in order to support the City’s ongoing municipal operations.
• Construction of public improvements that would have otherwise been carried out by the City through its Capital Improvement Program and/or Development Impact Fee program.

SECTION 3. Approval.

As summarized in the finding above, t he City Council finds that the provisions of the Development Agreement attached hereto as Exhibit A are consistent with the General Plan and the zoning code, and comply with the requirements of development agreement law and the Murrieta Development Code, and that the Development Agreement (A) will be in the best interest of the City and (B) will be consistent with the objectives, policies, general land uses, and programs of the General Plan and the applicable Specific Plan and Murrieta Development Co de and hereby approves the Development Agreement and authorizes the Mayor to execute the Development Agreement with the Applicant attached as Exhibit A.

SECTION 4. Further Actions Authorized.

The Mayor, City Manager, and City Clerk or their designees, are authorized and directed to take such actions and execute such documents and certifications as may be necessary to implement and affect execution, recordation and enforcement of this Ordinance and the Development Agreement.

SECTION 5. Recordation.

Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said DA with the County Recorder within 10 days after the Mayor’s signing of the DA.

SECTION 6. Periodic Review.

A periodic review will be conducted to monitor the implementation of the D evelopment Agreement and to ensure that the provisions of the D evelopment Agreement are consistent with the General Plan and Murrieta Municipal Code.

SECTION 7. CEQA
The City has complied with all California Environmental Quality Act (California Public Resources Code Section 21000, et seq.) (“CEQA”) requirements with respect to the approval of this Development Agreement and of the Project, through the City Council’s prior determination pursuant to Section 15162 of the CEQA Guidelines (Cal. Code Regs. Title 14, Chapter 3) that none of the circumstances exist that require further review under CEQA, and that the Project and Agreement are consistent with the 2013 SEIR, such that no further CEQA review is required.

SECTION 8. Notice of Adoption.

This Ordinance shall become effective on the thirty- first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, pr inted, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

SECTION 9. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

PASSED AND ADOPTED this 2nd day of September 2025.

Cindy Warren, Mayor
ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 623-25 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 2nd day of September, 2025, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk

I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 623-25 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2025.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2025.

Cristal McDonald, City Clerk

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