The original item was published from 6/16/2020 9:32:12 AM to 6/26/2020 5:35:02 PM.

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Planning Commission Public Notices

Posted on: June 16, 2020

[ARCHIVED] Directors Determination Appeal Period for DP-2019-1919

DATE OF NOTICE: JUNE 15,2020

CITY OF MURRIETA

NOTICE OF APPROVAL- DIRECTOR’S PROJECT AND CEQA

DETERMINATION (APPEAL PERIOD)

Development Plan Permit (DP) 2019-1919 AND

Minor Conditional Use Permit (MCUP) 2019-2053

DEVELOPMENT PLAN (DP) 2019-1919 AND MINOR CONDITIONAL USE PERMT

(MCUP) 2019-2053: A Development Plan to permit a 3,593 square foot convenience store, a fueling station with 6 multiple product dispensers, a 960 square foot automated car wash, 28 parking spaces and two access points with one access from Jefferson Avenue and the other on Fig Street. The Minor Conditional Use Permit is for off-site alcohol sales of beer and wine (Type 20) within the convenience store. The subject property is located at the southern corner of Jefferson Avenue and Fig Street (APN: 910-220-025).

PROJECT DETERMINATION:

The City of Murrieta conducted a review of the project and the City Planner (On behalf of the Director) has made a determination to approve the project based on the following findings: Findings of Approval for Development Plan 2019-1919 pursuant to Development Code Section 16.56.040

1. The proposed use is allowed within the subject zoning district and complies with all applicable provisions of the Murrieta Development Code.

FACTS: The proposed uses for a fueling facility, car wash and convenience stores are allowed within the Business Park zone. Off-site alcohol sales within the convenience store is permitted with a Minor Conditional Use Permit. The proposal for the uses comply with all applicable requirements identified in Section 16.12.020, including but not limited to parcel size, building setbacks and height, minimum landscape area, parking and design.

2. 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 Project is consistent with General Plan Goal LU-1.1 - "Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region". The Project proposes commercial retail, a fueling facility (a deficient use in the area) and an automated carwash which is consistent with the development of the surrounding properties. The Project is consistent with General Plan Goal LU-5.2 "Promote quality design and development practices that reduce environmental impacts." The Project proposes commercial retail, a fueling facility, and an automated carwash and complies with Development Code sections 16.12. Additionally, the provision of the fueling facility reduces the number of vehicle miles traveled to acquire vehicle fuel.

The Project is consistent with General Plan Goal LU-7.6 "Focus commercial retail centers adjacent to major transportation corridors." The Project proposes commercial retail and fueling services that is adjacent to Jefferson Avenue and within close proximity to Interstate 15. The Project is consistent with General Plan Goal LU-17.4 "Ensure that the design of buildings in the South Murrieta Business Corridor help to create a distinctive and cohesive look to reinforce this Focus Area as a major gateway into the City." The Project proposes quality architectural design along Jefferson Avenue. 3. The approval of the development plan for the proposed use are in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

FACTS: Pursuant to the California Environmental Quality Act (CEQA) Section 15332 - In-Fill Development Projects, the Project is considered a Class 32 Exemption and does not require an Initial Study to be prepared. This Project is exempt due to the following reasons: a) The Project is consistent with the General Plan as well as any applicable zoning designations and regulations; b) The proposed development occurs within city limits on a project site no more than 5 acres substantially surrounded by urban uses; c) The project site has no habitat for endangered, rare, or threatened species; d) There will be no significant effects relating to traffic, noise, air quality, or water quality; e) The site can be adequately served by all required utilities and public services.

The City will prepare a Notice of Exemption (NOE) and file it with the County ofRiverside following an approval from the Director.

4. 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: As conditioned, the proposed development is compatible in intensity of development with existing land uses. There is existing commercial retail and office/warehousing to the west and south of the site, and vacant land to the east and north. As designed, the commercial retail and office/warehousing buildings represent a scale, site orientation, and architecture that is compatible to the surrounding existing business park uses and complies with the City’s design standards for business park zones, Section 16.12.030.

5. 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 site is relatively flat and adjacent to a General Plan element street. The site is adjacent to a vacant Business Park zoned property to the north and east and existing industrial center to the south and west. The site is adequate in size to accommodate the proposed use while complying with the City’s development standards.

6. There are adequate provisions for sanitation, water and public utilities and services to ensure public convenience, health, safety and general welfare.

FACTS: The Rancho California Water District will provide water services; the Eastern Municipal Water District will provide sewer services; electricity by Southern California Edison Company; and gas by the Southern California Gas Company.

Findings of Approval for Minor Conditional Use Permit 2019-2053 pursuant to

Development Code Section 16.52.040

1. 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 the development code.

FACTS: Within the City of Murrieta Development Code (Section 16.12.020, Table 16.12-1) allows for convenience stores with alcohol sales with a Minor Conditional Use permit. The proposal for the off-site alcohol sales comply with all applicable requirements identified in Section 16.44.030 for alcoholic beverage sales, including but not limited to alcohol storage area, alcohol sales operations and display standards.

2. The proposed use 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.

The Project is consistent with General Plan Goal LU-5.2 "Promote quality design and development practices that reduce environmental impacts." The Project proposes commercial retail, a fueling facility, and an automated carwash that is aesthetically pleasing using high quality architectural design. Additionally, the provision of the fueling facility reduces the number of vehicle miles traveled to acquire vehicle fuel.

3. The approval of the Minor Conditional Use permit for the proposed use are in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

a) The Project is consistent with the General Plan as well as any applicable zoning designations and regulations; b) The proposed development occurs within city limits on a project site no more than 5 acres substantially surrounded by urban uses; c) The project site has no habitat for endangered, rare, or threatened species; d) There will be no significant effects relating to traffic, noise, air quality, or water quality; e) The site can be adequately served by all required utilities and public services.

The City will prepare a Notice of Exemption (NOE) and file it with the County of Riverside following an approval from the Director.

4. The site is physically suitable for the type or density of development proposed.

5. There are adequate provisions for sanitation, water and public utilities and services to ensure public convenience, health, safety and general welfare.

6. 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 proposed use at this location was reviewed, conditioned, and determined to be found that the use would not create any significant impacts to noise, traffic, police services, nor would the use have an adverse impact to the public health, safety and welfare or properties and improvements in the vicinity. Findings Pursuant to Development Code section 16.44.030.F Public Convenience or Necessity.

1. The public convenience would be served by the establishment of the proposed use.

FACTS: The proposed accessory on-site sale of alcohol in conjunction with a convenience store at this location serves a public convenience as the convenience store allows customer access to this type of service that they would otherwise have to travel to surrounding communities to experience.

2. 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 within a convenience store use is not anticipated to be the source of nuisance behavior because the Project primarily is a convenience store. 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. The Project was transmitted to the Police Department for review and comment. A police report did not provide any evidence that would indicate this use at this location would "pose a detriment to the immediate neighborhood" or add "to the current law enforcement problems" within the immediate area and surrounding neighborhood.

3. The proposed use would not be detrimental to the public health, safety, or

welfare.

FACTS: The use of the premises for off-site alcohol sales in accordance with the conditions of approval would not have an adverse impact to the public health, safety and welfare or properties and improvement in the vicinity. The convenience store 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).

4. The proposed use would not increase the severity of the existing law enforcementor public nuisance problems in the surround area.

FACTS: The proposed addition of alcoholic sales for off-site consumption within a convenience store use 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 Project was transmitted to the Police Department for and review and comment. A police report did not provide any evidence that would indicate this use at this location would "pose a detriment to the immediate neighborhood" or add "to the current law enforcement problems" within the immediate area and surrounding neighborhood with the implementation of the conditions of approval.

5. 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 within a convenience store use 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 within the convenience store 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.

ENVIRONMENTAL DETERMINATION:

The City of Murrieta conducted an environmental review of the project and the City Planner (On behalf of the Director) has made the following environmental determination pursuant CEQA Guidelines:

Categorical Exemption: The project meets the criteria as set forth in State CEQA Guidelines Section 15332 (In-Fill Developments) due to the following reasons: a) The Project is consistent with the General Plan as well as any applicable zoning designations and regulations; b) The proposed development occurs within city limits on a project site no more than 5 acres substantially surrounded by urban uses; c) The project site has no habitat for endangered, rare, or threatened species; d) There will be no significant effects relating to traffic, noise, air quality, or water quality;

e) The site can be adequately served by all required utilities and public services.

NOTICE IS HEREBY GIVEN for the above described project.

APPEAL OPTIONS:

Appeal of Director Decisions. Notwithstanding other provisions of this code, any person may appeal an action rendered by the director to the Planning Commission. Appeal of Environmental Decision. Any person, in connection with any entitlement, permit or administrative decision authorized under the development code (Title 16), may appeal to the City Council, pursuant to the procedures and requirements set forth in this chapter, the determination of a non-elected, decision-making body of the city to certify an environmental impact report, approve a negative declaration or mitigated negative declaration, or determination that a project is not subject to Public Resources Code section 21080 et seq. (California Environmental Quality Act) if the project is not otherwise subject to further administrative review.

Appeals to the Planning Commission. An appeal of an action of the director shall be

filed with the secretary of the commission within ten (10) days following the date of this notice for which an appeal is made. Next Business Day. If the last day to file an appeal falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the appeal.

Fees. Appeals may be subject to a filing fee. Please refer to Chapter 16.78 "Appeals" of the Murrieta Municipal Code and the City’s Fee Schedule for further information.

All Appeals shall be submitted in following manner - Provide a completed "Application for Appeal (DS-21 0)" with the corresponding fee (as applicable). This form can be located at the City’s website at https:llwww.murrietaca.gov/286/Applications-Forms or received "in-person" at City Hall at 1 Town Square, Murrieta, CA 92562. For any questions, please call the Planning Division at (951) 461-6060 and/or City Clerk’s office at (951) 461-6030.

Project Determination Appeal

City of Murrieta, Development Services Department, Attn: Jarrett Ramaiya, City Planner, 1 Town Square, Murrieta, CA 92562 or [email protected]. If you have any questions, please contact the City Planner at (951) 461-6069 or [email protected].

Environmental Determination Appeal

City of Murrieta, City Clerk, Attn: Stephanie Smith, City Clerk, 1 Town Square, Murrieta, CA 92562 or [email protected]. If you have any questions, please contact the City Clerk at (951) 461-6030 or [email protected]. State law provides that if you challenge the City’s action on this project in court you may be limited to raising only those issues you or someone else raised at the public hearing or described in this notice, or in written correspondence delivered to the at or prior to the public hearing. The proposed project application, plans, environmental documentation, technical studies, and other related information may be reviewed at the Planning Division office during the hours of operation open to the public. Please contact the Planning Division at (951) 461-6060 with any questions or to assist you further. You are welcome to review the project plan(s) and information.

Due to the COVID-19 situation, please contact staff for further assistance, or visit https://www.murrietaca.gov/746/Development-Services COVID-19 updates webpage. You may request a copy of the above-described items and decision. This can be to be mailed, or emailed to you by calling the project planner, Farrah Bulacan, Assistant Planner, (951) 461-6083, [email protected] . Staff will also make themselves available via phone to go over any questions and/or concerns that you may have with the proposal