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ATT 1 - Ordinance No. 632-26

Murrieta City Council
April 21, 2026

Document
ATT 1 - Ordinance No. 632-26
Meeting
April 21, 2026
Body
Murrieta City Council
Original file
3.4 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.

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ORDINANCE NO. 632-26

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF MURRIETA, CALIFORNIA, APPROVING A DEVELOPMENT

AGREEMENT WITH MURRIETA MARKETPLACE HOLDINGS LP, A

CALIFORNIA LIMITED PARTNERSHIP, BONSALL SERVICE

STATION, LP A CALIFORNIA LIMITED PARTNERSHIP AND SCOTT -

MURRIETA SERVICE STATION, LP A CALIFORNIA LIMITED

PARTNERSHIP TO EXTEND THE ENTITLEMENTS FOR THE

DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER AT THE
NORTHWEST CORNER OF WINCHESTER ROAD (HIGHWAY 79) AND

CLINTON KEITH ROAD

Summary: This ordinance adopts a Development Agreement for the construction of a shopping center at the northwest corner of Winchester Road (Highway 79) and Clinton Keith Road to extend the project’s entitlements.

WHEREAS, consistent with Murrieta Municipal Code Section 16.54.040(A)(3) Murrieta Marketplace Holdings LP, a California Limited Partnership, Bonsall Service Station , LP a California Limited Partnership and S cott-Murrieta Service Station , LP a California Limited Partnership as tenants -in-common (collectively, “Developers”) proposed to enter into a Development Agreement with the City of Murrieta (“City”) to extend the entitlements for a commercial center containing up to 518,817 square feet of building area and 2,155 parking stalls including 20 buildings on 10 building pads, including fueling stations and private and public infrastructure on and adjacent to the site (collectively, “Project”) owned by Developers . The Project will be located on an undeveloped lot located on approximately 49.7 acres of land at the northwest corner of Winchester Road Hwy 79 and Clinton Keith Road (APNs 963-060-065, 963- 060-066, 963 -450-001 through 963 -450-019, 480 -100-073 and 480 -100-074) in Murrieta, California (“Site”); and

WHEREAS, California Government Code Sections 65864 et seq. (“Development Agreement Law”) and Murrieta Municipal Code Chapter 16.54 (“City Development Agreement Ordinance”) authorize the City to enter into binding development agreements for the purpose of providing an enhanced degree of certainty in the development process for both the property owner/developer and the affected public agency; and

WHEREAS, June 27, 2018, the City Planning Commission adopted Resolution No PC - 2018010 approving development plan (DP -2017-1370), and conditional use permit ( “CUP”) CUP 2018-1568) for the operation of a car wash and CUP 2017 -1442 for outdoor display and equipment rental each as conditioned thereby pursuant to the Conditions of Approval (collectively, “Entitlements”) to approve the development of the Project on the Site . T he City Planning Commission approvals included consideration of previously adopted Environmental Impact Report State Clearinghouse No. 200503 1028 (“EIR”) and the various addendums thereto and adopted an Addendum to the EIR (collectively with previously approved EIR and addenda, “CEQA Approvals”); and

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WHEREAS, without the approval of the Development Agreement (“DA”), the Project will expire June 27, 2026. Pursuant to the Developers’ request, the City and Developer s have negotiated and agreed to the DA, attached hereto as Exhibit A, which will extend the term of the Entitlements through June 27, 2036; and

WHEREAS, the Project will benefit the City by providing new restaurants, retail uses, and a gas station for residents and City visitors to patronize which will generate sales tax payable to the City; and

WHEREAS, at a duly -noticed public hearing on March 25, 2026, the City Planning Commission considered the approval of the DA and made a recommendation to the City Council that the proposed Development Agreement is in compliance with the provisions of the California Environmental Quality Act (CEQA) Guideline s Section 15162 determining that no further analysis is required under CEQA in connection with the approval of the Development Agreement; and

WHEREAS, the City Council held a duly noticed public hearing regarding the DA on April 2 , 2026 , and considered the recommendation of the City Planning Commission and the evidence, testimony, and arguments submitted by City staff, the Developer s, and all interested parties; and

WHEREAS, the City Council finds and determines that all actions required of City pr ior to approval of the DA by the City Council have been duly and regularly taken and all legal prerequisites of the adoption of this Ordinance have occurred.

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 are hereby incorporated into this Ordinance as set forth herein.

SECTION 2. That, as conditioned, the Project conforms to the regulations contained within Title 16, the Murrieta Development Code, and with the adopted elements of the Murrieta General Plan.

SECTION 3. Based upon the evidence presented, the City Council makes the following findings of fact for the adoption of the DA attached as Exhibit A pursuant to Murrieta Municipal Code Section 16.54.070:

a. The Development Agreement is in the best interests of the city.

The proposed Development Agreement is in the best interests of the City because it provides certainty regarding the continued implementation of a previously approved commercial development that will provide retail services, employment opportunities, and tax-generating uses for the community. The Agreement facilitates the orderly development of the Site by allowing the approved project additional time to proceed while maintaining all previously adopted conditions of approval and development

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standards. The Development Agreement also benefits the City by encouraging investment in commercial development at a prominent intersection along Winchester Road (State Route 79) and Clinton Keith Road, a key commercial corridor within the community.

Implementation of the approved commercial center will contribute to the City’s economic base through the provision of retail services and the generation of sales tax and other local revenues that support municipal services. By providing development certainty while preserving the City’s regulatory authority through the existing conditions of approval and applicable municipal regulations, the Development Agreement promotes economic development, supports the City’s long -term planning objectives, and therefore serves the best interests of the City.

b. The Development Agreement is consistent with the objectives, policies, general land uses, and programs of the general plan, any applicable specific plan, and this development code.

The proposed Development Agreement is consistent with the objectives, policies, general land uses, and programs of the Murrieta General Plan and the provisions of the Murrieta Development Code because the Agreement does not modify the Project, land use designation, zoning classification, or development standards applicable to the Site. The Development Agreement only extends the duration of previously approved entitlements from 2018 for the Murrieta Marketplace commercial center, which were approved by the Planning Commission after a comprehensive review for consistency with the General Plan and Development Code.

c. The Development Agreement is compatible with the surrounding development .

The Site is designated Commercial in the Murrieta General Plan and zoned Regional Commercial (RC) under the Development Code. The Project, consisting of a commercial retail center including fueling, retail, and service uses, was previously determined to be consistent with these designations and applicable development standards. The Development Agreement does not alter those approvals and therefore maintains consistency with the City’s adopted land use framework and regulatory requirements.

The Agreement facilitates the development of the Project which is located at a significant regional travel intersection in southwest Riverside County - Clinton Keith Road and Winchester Road. The east side of Winchester Road at Clinton Keith Road was the developed under the jurisdiction of Riverside County and includes similar commercial development such as fast food restaurants, a neighborhood commercial center consisting of a Stater Brothers grocery store, CVS Drugstore, Starbucks, and other ancillary retail uses like banks, gas stations, and smaller industrial and office buildings. The Development Agreement facilitates similar retail and commercially oriented uses and is therefore compatible with surrounding development.

d. The Development Agreement will not adversely affect public health, safety, or welfare.

The proposed Development Agreement is internally consistent with the provisions of the Murrieta Development Code because it implements the procedures and authority established in Murrieta Municipal Code Chapter 16.54, which allows the City to enter into development agreements consistent with State law. The Agreement extends the

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duration of the previously approved entitlements while maintaining all applicable Development Code standards and regulations governing the project. Further, t he Agreement facilitates the orderly development of the Site by allowing the approved project additional time to proceed while maintaining all previously adopted conditions of approval and development standards. The Project also does not increase the severity of any environmental impacts not previously known.

The proposed Development Agreement will not adversely affect the public health, safety, or general welfare because it does not modify the approved project, increase development intensity, or introduce new land uses beyond those previously evaluated and approved by the City. The Development Agreement solely extends the duration of previously approved entitlements for the Murrieta Marketplace project.

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162, the City has determined that none of the conditions requiring preparation of a subsequent or supplemental environmental document have occurred. There are no substantial changes to the project, no substantial changes in the circumstances under which the project is undertaken, and no new information of substantial importance that would result in new significant environmental impacts or a substantial increase in the severity of previously identified impacts.

The previously certified 2005 Environmental Impact Report for the Marquis/Westmar Commercial Project (SCH No. 2005031028), together with subsequent addenda prepared for the Murrieta Marketplace project, adequately evaluated the environmental effects of the approved development, including those related to public health, safety, and welfare.

The Development Agreement does not alter those conclusions, and all previously adopted mitigation measures and conditions of approval remain applicable.

Accordingly, the approval of the Development Agreement resulting in an extension of the entitlement period for 10 additional years will not affect public health, safety, or welfare.

SECTION 4. Based upon all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the City Council hereby finds that the proposed approval of the DA and the construction of the Project does not require further analysis under the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) ("CEQA"), pursuant to CEQA Guidelines 151 62, because the DA does not alter the approved Project and is only extending the term of the Entitlements which were previously analyzed under CEQA and said CEQA analysis remains adequate because no new environmental impacts will be created as a result of the approval of the DA.

SECTION 5. The City Manager and City Clerk, and 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 DA.

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SECTION 6. 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 City signing of the DA.

SECTION 7. 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.

SECTION 8. 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, printed, 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.

PASSED AND ADOPTED this ___ day of ________, 2026.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

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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. 632-26 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 2026, 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

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