TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: Carl Stiehl, City Planner
PREPARED BY: Farrah Bulacan, Associate Planner
SUBJECT:
title
Development Plan Permit (DP-2021-2466), Conditional Use Permit (CUP-2021-2467), Conditional Use Permit (CUP-2021-2469), Tentative Parcel Map (TPM-2021-2468) and Phasing Plan (PHS-2021-2470)
end
RECOMMENDATION
recommendation
Staff recommends that the Planning Commission:
1. Consider and Approve an Addendum to the previous Initial Study and Mitigated Negative Declaration (IS/MND) that was prepared for the project in compliance with section 15164 of California Environmental Quality Act (CEQA) (see Attachment 7); and
2. Adopt the RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MURRIETA APPROVING DEVELOPMENT PLAN PERMIT 2021-2466 (DP-2021-2466), TENTATIVE PARCEL MAP (TPM-2021-2468), PHASING PLAN (PHS-2021-2470), CONDITIONAL USE PERMIT 2021-2467 (CUP-2021-2467) AND CONDITIONAL USE PERMIT 2021-2469 (CUP-2021-2469) FOR THE CONSTRUCTION AND PHASING OF A CONVENIENCE STORE WITH BEER AND WINE SALES, SERVICE STATION, AND EXPRESS CAR WASH ON PARCEL 1 AND A DRIVE-THROUGH COFFEE SHOP ON PARCEL 2 AND A COMMERCIAL SUBDIVISION OF ONE PARCEL INTO THREE PARCELS LOCATED AT THE NORTHEAST CORNER OF MITCHELL ROAD AND CLINTON KEITH ROAD (APN: 392-230-035), based on the Findings and subject to the Conditions of Approval in Exhibits A through E, and the Operations Statement in Exhibit F and G (See Attachment 1).
body
ENVIRONMENTAL
An Addendum to the previous Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the project in compliance with Sections 15162 and 15164 of California Environmental Quality Act (CEQA). No substantial changes are proposed in the project which would result in new significant environmental effects, no new circumstances under which the project is to be undertaken would result in new significant environmental effects, and no new information of substantial importance, where the project would result in more significant effects on the environment than what was previously analyzed, has been found. The Addendum provides an analysis detailing compliance with CEQA. An Addendum was prepared for the project and mitigation measures from the adopted MND dated August 17, 2010, will be implemented and as a result there will be no significant environmental impacts.
PRIOR ACTION/VOTE
On July 27, 2011, the Planning Commission voted 5-0 to approve Tentative Parcel Map 36281 to subdivide a 28-acre property into four parcels. Parcel Map 36281 was recorded on July 23, 2013. The project site is parcel 4 of Parcel Map 36281.
EXECUTIVE SUMMARY
The project is a commercial development and three lot parcel map. The proposal will result in the construction of a gas station, car wash, and convenience store on two parcels. Parcel 1 includes a convenience store. A drive-through coffee shop is proposed on Parcel 2. A tentative parcel map is proposed to divide the 5.24-acre project site into three parcels. A Conditional Use Permit (CUP) is required for off-site beer and wine sales for the convenience store as well as for the car wash component in order to allow the uses within the Neighborhood Commercial zoning designation. Parcel 3 is to remain vacant and is not proposed to be developed as part of this entitlement. A Phasing Plan is proposed in order to identify when improvements are required to be installed in the event that the construction of Parcels 1 or 2 do not occur concurrently. Street improvements are already in place on Mitchell Road and on Sierra Lane. Surrounding uses include residential uses on three sides and commercial on one side.
PROJECT DESCRIPTION
|
Application Type: |
Development Plan Permit (DP-2021-2466) |
|
|
Conditional Use Permit (CUP-2021-2467) Conditional Use Permit (CUP-2021-2469) Tentative Parcel Map (TPM-2021-2468) and Phasing Plan (PHS-2021-2470) |
|
Applicant: |
Murrieta-CATT 2012, LLC |
|
Property Owner: |
Murrieta-CATT 2012, LLC |
|
Site Area: |
5.24 acres |
|
Project Location: |
Northeast corner of Clinton Keith Road and Mitchell Road |
|
|
(APN: 392-230-035) |
|
Site General Plan/Zoning: |
Neighborhood Commercial (NC) |
|
Adjacent Zoning/Land Use: |
|
|
North: |
Multi-Family 2 (MF-2)/Multi-Family Residences |
|
South: |
Single-Family 1 (SF-1)/Single-Family Residences |
|
East: |
Regional Commercial (RC)/Commercial Center |
|
West: |
Multi-Family 2 (MF-2)/Multi-Family Residences |
The project is a proposal to subdivide a 5.24-acre property into three parcels with a Tentative Parcel Map (38837). The proposal consists of a Development Plan to develop Parcels 1 and 2 abutting Clinton Keith Road and Mitchell Road. The proposal consists of the development of an 886 square foot drive-through coffee shop with a 336 square foot outdoor patio on Parcel 2 and the development of an express carwash attached to a 5,158 square foot convenience store and gas station with six dispensers (12 gas pumps) on Parcel 1. The proposal also includes a phasing plan application to develop Parcels 1 and 2 of the proposed project with the remainder of the site (Parcel 3) to be undeveloped except for an access drive connecting parcel 1 and 2 to Sierra Lane. In addition, a Conditional Use Permit (CUP) for beer and wine sales within the convenience store and a CUP to allow a car wash use within Parcel 1 is proposed.
The Property is located on the northeast corner of Clinton Keith Road and Mitchell Road (APN: 392-230-035). The Property is subject to the Commercial General Plan Land Use designation and is zoned Neighborhood Commercial. The site is vacant and access is proposed on Mitchell Road and Clinton Keith Road to Parcels 1 and 2. Once Parcel 3 is developed, access to Sierra Lane will be provided to serve the entire project site. The uses and improvements described above are hereinafter referred to as “Project”.
BACKGROUND
The Project is proposed on Parcel 4 of previously approved Parcel Map 36281. As described in the “Prior Action/Vote” section above, the parcel map was approved on July 13, 2013, and conditions of approval from the original entitlements require the street improvements for all adjacent streets be completed prior to any occupancy. Currently, all parcels, with the exception of Parcel 4, are developed. Parcels 1 and 3 are developed with Mitchell Apartments and Parcel 2 is developed with the Vista Bella development. The site is currently bordered by improved streets on Mitchell Road to the west, and Clinton Keith Road to the south and Sierra Lane is partially improved to the north of the project site.
A Zone Change (ZC) and General Plan Amendment (GPA) was approved on August 17, 2010, by the City Council, which rezoned Parcel 4 to Neighborhood Commercial and the remaining parcels in the original subdivision to Multi-Family. The former zoning designation was Rural Residential. The environmental document prepared with the application for a ZC and GPA was an Initial Study and Mitigated Negative Declaration (IS/MND). The environmental document prepared in 2010, which was adopted, analyzed up to 60,000 square feet of commercial development within the 5.24-acre site. The proposed environmental document is an Addendum to the original IS/MND.
ANALYSIS
Staff’s analysis of the Project is as follows:
Zoning / General Plan Consistency:
The Project is consistent with the Property’s General Plan land use designation (Commercial) and accomplishes various land use goals. The Property has a Neighborhood Commercial (NC) zoning designation, which is applied to areas appropriate for convenience shopping, including individual retail and service uses and small destination centers on-site. Financial, office, and restaurant activities are also allowed. Appropriate buffering between adjacent residential designations is required. The NC zoning district is consistent with the commercial land use designation of the General Plan. The 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 anticipated growth and achieves the community’s vision. The Project is consistent with Objective LU-1.4 by identifying a location appropriate for complementary land use. This Project will achieve various goals and policies of the General Plan, including:
• Encourage retail development projects that can realistically satisfy community-wide and regionally-based demand for goods and services. (ED-4.1);
• Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region. (LU-1.2); and
• Ensures efficient and safe access for emergency vehicles by providing minimum drive aisles widths throughout the Project site for fire vehicles. (CIR-2.14); and
• Provide for the development of complementary land uses, such as open space, recreation, civic, and service uses for all future residential and non-residential development. (LU-1.4); and
• Protect residential areas from the effects of potentially incompatible uses. Where new commercial or industrial development is allowed adjacent to residentially zoned districts, establish and/or maintain standards for circulation, noise, setbacks, buffer areas, landscaping and architecture, which ensure compatibility between the uses. (LU-3.2).
As designed, the Project meets the Development Standards defined in Section 16.10.020 of the Development Code (also known as Title 16 of the Murrieta Municipal Code (MMC)) regarding meeting setbacks, minimum landscape requirements, etc.
|
Current Zoning Regulations |
Consistent? |
|
Use Regulation: |
Neighborhood Commercial (NC) |
Yes, with the approval of CUPs |
|
Density: |
N/A |
N/A |
|
Lot Size: |
N/A |
5.24 |
|
Building Height: |
35 feet |
Yes- The proposed building height is 25 feet. |
|
Setback: |
15 feet (street); Interior setback when adjacent to commercial use is 0 or 10 feet. |
Yes- The building exceeds the minimum street setback requirement of 15 feet and interior setback of 0 or 10 feet. |
|
Landscape % min. |
15 % |
Yes- The overall landscape area provided on parcel 1 and 2 are 21% |
CUPs are processed in accordance with MMC Chapter 16.52. In the NC zone a CUP is required for car wash uses pursuant to Table 16.10-1 of MMC Chapter 16.10. MMC Section 16.44.030 addresses alcohol beverage sales at a convenience store. New construction in the NC zone is allowed pursuant to the approval of a Development Plan in accordance with the requirements of MMC Chapter 16.56. Approval of parcel maps by the Planning Commission is authorized by MMC Section 16.90.020. Project phasing approval is subject to the requirements of MMC Chapter 16.80.
Architecture/Aesthetics
The Project consists of two structures that are approximately 26-feet tall. Exterior finishes include stucco, stone veneer, metal awning, and plane changes to provide articulation and dimension to the exterior elevations. Parapets feature a decorative cornice to conceal minimal rooftop equipment and enhance vertical articulation. The architecture proposed for the two buildings are complementary and incorporate the same materials. A few of the architectural features included in both structures are the same base colors for the building façade and matching stone veneer. Additionally, the primary buildings on both parcels, as designed, meet Development Code requirements. See Attachment 4 for the architectural renderings and plans for more information. The gas canopy proposed with the convenience store also features a stone veneer base and a decorative parapet, which is consistent with the primary building’s architecture.
Signage:
The Project is conditioned to submit a Sign Program subject to City review and approval. No signs are approved as part of this entitlement application.
Parking:
The Project exceeds the required parking rates identified in the Development Code. Per MMC Section 16.34.040 and Table 3-7, the total parking required for both the uses proposed, the convenience store, express car wash, and fast-food establishment is 35 stalls. The Project proposes to provide 41 parking stalls, which are provided as standard parking stalls and through the allowed 50% pump credit parking per the Development Code. The Project exceeds the required parking rates identified in the Development Code.
Traffic:
A Traffic Impact Analysis was prepared in 2015 for the project site. A supplemental focused traffic analysis was prepared in accordance with the City’s Traffic Impact Analysis Preparation Guidelines (see Attachment 7). The focused traffic analysis memorandum concluded that a new traffic impact analysis would not be required. This conclusion is based on the estimated rates of peak weekday trips and weekend trips proposed. The intersections would operate at an acceptable level of service during both peak hours. Two driveways are proposed for the project site, one on Clinton Keith Road and the other on Mitchell Road. The driveway on Clinton Keith Road would be restricted to the right-in entrance only and the driveway on Mitchell Road will be a full-access driveway. Once Parcel 3 is developed in the future, a full-access driveway will be provided on Sierra Lane. Prior to occupancy permit issuance, the required improvement on Sierra Lane shall be constructed per Engineering requirements.
Landscaping:
The proposed landscaping plans comply with the Development Code requirements. The Project is proposing to provide 21% landscape area on site across parcels 1 and 2. This exceeds the overall 15 percent landscape area required per the Development Code requirements for the Neighborhood Commercial zone in Chapter 16.10. The Project also complies with MMC Section 16.34.070.H.6, which requires a 15-foot-wide landscape strip along public street frontages. Landscaping will include trees, shrubs, and ground cover. For the plant palette, 43 trees are proposed at a 24” box which exceeds the minimum tree requirement of 28 trees for this project site. Due to the Project being located within the Very High Fire Severity Zone, it cannot meet the requirement to place a tree within every 300 square feet of landscape area as required by code; however, the total number of trees provided on-site exceeds the Development Code requirement. Shrubs and groundcover are comprised of a variety of live plant material. The conceptual landscape plan provides adequate landscaping on site. See attachment 4 for more information.
CONDITIONAL USE PERMIT
Car Wash (CUP-2021-2467)
The City’s Development Code requires an application for a CUP to operate the express car wash tunnel. With this specific use for the operation, the objective of the CUP analysis is to confirm that the proposed business will not have an impact or effect on the neighborhood surrounding the subject site. In addition, a review of the location, design configuration, and potential impact(s) is also conducted by comparing the Project to established standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit derived from the service against any adverse impact(s) it may cause. The car wash and ancillary vacuum is proposed to operate from 7 a.m. to 9 p.m. daily. The proposed use is compatible with the uses within the commercial center (drive-through food establishment and gas station with convenience store). The Project is conditioned to comply with the noise study prepared for this project and the Noise Ordinance to reduce potential impacts to surrounding uses. The noise study included as Attachment 7.c. demonstrates that the cumulative noise level generated from the car wash facility and other uses within the center meets the City’s allowable exterior noise limit.
Beer and Wine Sales (CUP-2021-2469)
The City’s Development Code requires an application for a CUP for beer and wine sales at the convenience store. The objective of the CUP analysis is to confirm that the proposed business will not have an adverse impact or effect on the neighborhood surrounding the subject site. In addition, a review of the location, design configuration, and potential impact(s) is also conducted by comparing the Project to established standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit derived from the service against any adverse impact(s) it may cause. The convenience store is proposed to operate 24 hours a day. The hours for beer and wine sales will be restricted to only the hours between 6 a.m. to 12 a.m. midnight daily as specified in the conditions of approval. Refer to Exhibit D for more information.
For the applicant to sell beer and wine, they must obtain a Type 20 license from the California Department of Alcoholic Beverage Control (ABC). The number of off-sale licenses permitted in Census Tract 432.78 are up to three (3) licenses and there are currently four (4) active off-sale licenses within this census tract. Due to the Project’s proximity to a K-12 public or private school within the Civic/Institutional zone and the over-concentration of off-sale licenses within the census tract, Public Convenience or Necessity (PCN), findings must be made as stated in the Resolution in compliance with ABC regulations and Municipal Code Section 16.44.030.F (see resolution and Attachment 3 for reference). Conditions of approval have been placed on the Project (Exhibit D to Resolution) to reduce impacts on police resources and the neighboring communities. The conditions provide for the hours of operation to be limited as stated in the Project description, surveillance cameras required to be installed in conformance with Police Department requirements, limits on the manner alcohol is displayed, and a limitation placed on types of containers that may be sold. The Police Department reviewed the proposal and the calls for service within this area and deemed that the use is not likely to cause increase calls for service in the area or severity of existing law enforcement or public nuisance problems in the surrounding area. For these reasons, if the store is maintained and operated consistent with the conditions, staff has determined the proposed use is not anticipated to be a source of nuisance behavior associated with excessive consumption of alcoholic beverages and would not be detrimental to the public health, safety, or welfare.
HAZARDOUS MATERIAL STORAGE
The operator proposes to have underground storage tanks to store and dispense motor vehicle fuels. Technology will be used to detect leaks in order to avoid spills. The project is required to have a permit for the installation of the underground storage tanks from Certified Unified Program Agency (CUPA), which is managed by the Riverside County’s Environmental Health Hazardous Materials Branch.
FINDINGS
Please see Attachment 1, Resolution, for the findings made for the Development Plan, Tentative Parcel Map, Conditional Use Permits and Phasing Plan to support staff’s recommendation to approve this project.
NOTICING
The Project was noticed in compliance with Section 16.76 of the Development Code. The City posted a sign on the Property, mailed notices to property owners within a 300-foot radius, and advertised in the newspaper a minimum of 10 days before the hearing.
ATTACHMENTS
1. Resolution
Exhibit A - Development Plan (DP-2021-2442) Conditions of Approval
Exhibit B - Tentative Parcel Map (TPM-2021-2468) Conditions of Approval
Exhibit C - Conditional Use Permit (CUP-2021-2467) Conditions of Approval
Exhibit D - Conditional Use Permit (CUP-2021-2469) Conditions of Approval
Exhibit E - Phasing Plan (PHS-2021-2470) Conditions of Approval
Exhibit F - Statement of Operations (Car Wash)
Exhibit G - Statement of Operations (Beer and Wine Sales at Convenience Store)
2. Vicinity Map
3. ABC Off-site Licenses Map
4. Project Plans
5. Tentative Parcel Map
6. Notice of Determination
7. Addendum to IS/MND
a. Air Quality
b. Cumulative Green House Gas Study
c. Noise Study
d. Queuing Analysis
e. Focused Traffic Analysis
f. Original IS/MND