CITY OF MURRIETA
PUBLIC NOTICE OF ORDINANCE ADOPTION
Notice is hereby given that the Murrieta City Council introduced the following Ordinance at a Regular meeting on May 17, 2022, during a public hearing held at City Council Chambers, 1 Town Square, Murrieta, CA 92562. The City Council adopted the Ordinance at a Regular meeting on June 7, 2022, held at City Council Chambers.
Said Ordinance is on file in the office of the City Clerk at 1 Town Square, Murrieta, CA 92562. If you would like a copy of this Ordinance including exhibits, please contact the City Clerk’s office at (951) 461-6031.
ORDINANCE NO. 578-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, APPROVING AND ADOPTING A ZONE CHANGE ON A 3.04 GROSS, 2.67 NET ACRE AREA (APN NO: 913-210-040) FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL
WHEREAS, on July 24, 2020, applications were filed by Steve Galvez, MHS 98 LLC. (“Applicant”) to the City of Murrieta (the “City”) for approval of a Zone Change Amendment and Conditional Use Permit, on a 3.04 acre parcel located at the Southeast corner of Date Street and Delhaven Street at the terminus of Date Street, Assessor Parcel Number 913-210-040 (the “Project”); and
WHEREAS, Applicant has submitted an application in accordance with Development Code Section 16.58 for a Zone Change (ZC-2020-2188) proposing Community Commercial from Neighborhood Commercial; and
WHEREAS, approximately 3.04 gross, 2.67 net acre acres of existing Neighborhood Commercial Zoning are proposed to be changed to Community Commercial; and
WHEREAS, it was determined that the Project is exempt under CEQA Guidelines Section 15061(b)(3) - Common Sense.
WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of April 13, 2022 by mailing a notice to property owners within a 1000 foot radius of the site on April 4, 2022, publishing the notice in The Press Enterprise newspaper on April 4, 2022, and posting the Project site on April 4, 2022; and
WHEREAS, pursuant to Development Code section 16.58.060, the Planning Commission is required to make written recommendation to the City Council whether to approve, approve in modified form, or deny proposed zone amendment, based upon the findings contained in Development Code section 16.58.080, and proposed Conditional Use Permit, based upon the findings contained in Development Code Section 16.52.040; and
WHEREAS, on April 13, 2022, the Planning Commission of the City of Murrieta held a duly noticed public hearing, and after considering all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant, recommended the City Council approve the Zone Amendment; and
WHEREAS, a public hearing was duly noticed for the City Council meeting of May 17, 2022, by mailing a notice to property owners within a 1000 foot radius of the site on or before May 6, 2022, publishing the notice in The Press Enterprise newspaper on or before May 6, 2022, and posting the Project site on or before May 6, 2022; and
WHEREAS, the City Council has considered the facts presented in this case, including the written and oral staff reports on the Project, public testimony, and written and oral evidence presented to the Planning Commission,
NOW, THEREFORE, the City Council of the City of Murrieta, California, does ordain as follows:
SECTION 1. FINDINGS
Based upon the substantial evidence presented at the public hearings on April 13, 2022, including written and oral staff reports and public and applicant written and oral testimony on the record from the Planning Commission public hearing, in accordance with Murrieta Development Code chapter 16.58, the City Council of the City of Murrieta approves Zone Change 2020-2188 in accordance with the following findings pursuant to Development Code section16.58.080:
1. The proposed Zone Change ensures and maintains internal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan.
FACTS: General Plan Goal LU-1 looks to provide a complementary 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. The project proposes personal self-storage at a location that is adjacent to residential uses. The project is consistent with Policy LU-1.5 and LU-1.6, encourage a wide variety of retail and commercial services in appropriate locations and to promote development that reduces infrastructure construction costs and make better use of existing and planned public facilities. The project self-storage proposal will add an additional retail service to the immediate area that is situated in a location adjacent to residential uses surrounded by various planned and existing commercial uses to add to the variety of retail and commercial services. The project has been designed to maintain the existing water infrastructure lines at their current location to meet the projects water demands and to reduce infrastructure costs associated with re-locating the 30” existing water line.
The project implements Goal LU-9, land use patterns and urban design that support healthy and sustainable lifestyles and businesses. The project contributes towards the equitable and functional distribution of a commercial use within the existing land use pattern by providing self-storage in a location that is convenient to existing adjacent residents and future planned residents. Policy LU-9.5 and LU-9.6 to promote commercial uses near residential neighborhoods that serve local residents and encourage development patterns to become more conducive to short, local, and walkable trips, which could increase opportunities for physical activity and decrease time spent driving. The project complements the existing commercial and residential land use patterns as the project adds to the range of commercial services within the immediate area and is close in proximity to a multi-family development to encourage pedestrian travel to the storage facility and neighboring commercial businesses.
The Zone Map Amendment from Neighborhood Commercial to Community Commercial will not create adverse or substantial impacts to the Conservation and Open Space, Noise, Safety, Air Quality and other Elements not already anticipated in the General Plan. The change(s) and uses proposed by the Zone Map Amendment will maintain the internal consistency with all the objectives, policies, general land uses, programs, and actions required to implement all elements of the General Plan.
2. The proposed Zone Change would not adversely affect public convenience, health, safety, or general welfare of the City.
FACTS: The Zone Map Amendment from Neighborhood Commercial (NC) to Community Commercial Zoning would allow future development of the site for a self-storage use and supports the existing Commercial General Plan Designation for a broad mix of commercial retail, service, and office uses serving local and regional consumers. The change(s) and uses proposed by the Zone Map Amendment will maintain the internal consistency with all the objectives, policies, general land uses, programs, and actions required to implement all elements of the General Plan and would not adversely affect public convenience, health, safety, or general welfare of the City.
3. The proposed Zone change, as modified, complies with the provisions of CEQA.
FACTS: The Project is exempt from environmental review per California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) - Common Sense Exemption.
4. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land use development.
FACTS: The site is physically suitable for the type of uses proposed by the Zone Change and is compatible with the surrounding existing and proposed residential and commercial zoned properties and uses. The site is located adjacent to, and will take access onto a major street (Date Street) complying with General Plan requirements. The site is not located within the flood hazard, special geologic hazard zone, or liquefaction hazard zone. There are adequate provisions for sanitation (Eastern Municipal Water District) and water (Rancho California Water District), gas (The Gas Company), and electric service provided by Southern California Edison. These facilities are available through connections from the existing street network. Future development of the site with the proposed Community Commercial Zoning Map Amendment is compatible with adjacent area and is a suitable continuation of urbanized development at this location.
SECTION 2. APPROVAL
The City of Murrieta Zoning Map is hereby amended to rezone to Community Commercial the parcel of real property consisting of approximately 3.04 gross, 2.67 net acres, identified as: 3.04 GROSS, 2.67 NET ACRE AREA APN 913-210-040 as shown on ATT 1 Exhibit. [available upon request from the City Clerk’s Department]
SECTION 3. EFFECTIVE DATE
This ordinance shall take effect and be enforced thirty (30) days following its adoption.
SECTION 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.
ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of June, 2022.
/s/
Jonathan Ingram, Mayor
ATTEST:
/s/
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
/s/
Tiffany Israel, City Attorney
I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 17th day of May, 2022, and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council on the 7th day of June, 2022, by the following vote.
AYES: White, Stone, Warren, DeForest, Ingram
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Murrieta, California this 7th day of June, 2022.
/s/
Cristal McDonald, City Clerk
A copy of the Ordinance, including exhibits, can be provided at no cost by contacting the City Clerks Department at (951) 461-6031 or [email protected]
Dated: June 13, 2022
Published: June 16, 2022