CITY OF MURRIETA
NOTICE OF APPROVAL– DIRECTOR’S PROJECT AND CEQA DETERMINATION (APPEAL PERIOD)
Minor Conditional Use Permit (MCUP) 2021-2453
MINOR CONDITIONAL USE PERMT (MCUP) 2021-2453: The project is a Minor Conditional Use Permit to allow for the sales of Beer, wine, and distilled spirits, including sales of beer containers exceeding 16 fluid ounces within a grocery store. The grocery store is approximately 22,859 square feet in size and the area devoted to the storage and display of alcoholic beverage will take up less than 5% of the total store area (approximately 1,104 SF). The project site is located within an operational shopping center. The hours of operation for this establishment will be from 6 a.m. to 11 p.m. each day. The applicant is seeking to obtain a Type 21 ABC License from the State of California Alcohol and Beverage Control (ABC). The project site is located within census tract 503.02 which allows for three off-sale licenses. There is currently only one active off-sale license within this census tract. There is no over concentration within the Census tract; therefore, Findings of Public Convenience or Necessity (PCN) is not required.
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:
The Director of Development Services makes the following findings regarding Minor Conditional Use Permit (MCUP) 2021-2453 in accordance with Section 16.52.040 of the Murrieta Municipal Code:
- 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 this development code;
FACTS: City of Murrieta Development Code allows for liquor stores as a Minor Conditional Use Permit in accordance with Table 16.10-1 and Table 3-12 of Development Code sections 16.10.010 and 16.44.030 respectively. Grocery stores selling alcoholic beverages require an Administrative Use Permit approval per section 16.44.030. In compliance with section 16.44.030 E.5.c., it is interpreted by the Director that a Minor Conditional Use Permit approval would be an appropriate permit type to evaluate the proposal for the Grocery Store to sell beer containers exceeding 16 ounces. The proposed use complies with applicable requirements identified in Sections 16.44.030 Alcohol Sales, 16.10.020 Community Commercial and Commercial Districts General Development Standards, including but not limited to alcohol beverage sales standards, building setbacks, building height, minimum landscape area, parking and design.
- 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 Project is consistent with Policy LU-1.5 and LU-1.6, which encourages a wide variety of retail and commercial services in appropriate locations. Those goals also promote development that reduces infrastructure construction costs and make better use of existing and planned public facilities. The Project is consistent with General Plan Goal LU-9 for land use patterns and urban design that support healthy and sustainable lifestyles and businesses.
- The approval of the minor conditional use permit for the proposed use complies with the requirements of the California Environmental Quality Act (CEQA) and there will be no significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
FACTS: The project is categorically exempt from further CEQA review pursuant to Section 15301 Existing Facilities based upon the following findings: The application is for permitting an activity at an existing facility consistent with the CEQA Class 1 Categorical Exemption (Existing Facilities) for the operation, repair, maintenance, and permitting, leasing, licensing, or minor alteration of existing private structure. The project involves negligible changes to the existing use and no exterior modifications are within the scope of this project. There are no unusual circumstances or cumulative impacts requiring further review.
- The site is suitable for the type and intensity of use or development that is proposed;
FACTS: The site is developed and includes existing structures. The site fronts General Plan element streets, Whitewood Road and Los Alamos Road. The site is adjacent to existing Community Commercial property to the north, south, east and west. The liquor store is proposed to be located within an existing structure on a parcel that is a part of a larger commercial center. The site is adequate in size to accommodate the proposed use while complying with the City’s development standards.
- There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and
FACTS: The existing commercial center is currently receiving service from the following utility purveyors: Eastern Municipal Water District (water and sewer), Southern California Edison Company (electricity); and Southern California Gas Company (gas).
- 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, nor would the use have an adverse impact to the public health, safety and welfare on properties and improvements in the vicinity.
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 15301 (Existing Facilities) because the project involves no additions to the structure and a negligible expansion of use. The project involves no modifications to the existing building or exterior area (parking and landscaping).
NOTICE IS HEREBY GIVEN for the above described project.
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 director’s date of decision for which an appeal is made.
Appeals to the Council. Appealable environmental determinations pursuant to Section 16.78.020C (Appeal of Environmental Determination) shall be filed in the office of the city clerk within ten (10) days following the director’s date of decision 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-210)” with the corresponding fee (as applicable). This form can be located at the City’s website at https://www.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: Cristal McDonald, 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 normal business hours. 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 supporting 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 draft decision. This can be mailed, or emailed to you by calling the project planner, Farrah Bulacan, Associate 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.