CITY OF MURRIETA - File #: 25-1427

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
8/5/2025	1	Planning Commission	approve	Pass	Action details	Meeting details	Not available

TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION

FROM: Carl Stiehl, City Planner

PREPARED BY: Aaron Rintamaki, Associate Planner

SUBJECT:

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Tentative Tract Map Gierson Ranch Residential Project

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RECOMMENDATION

recommendation

1. Consider and Approve the Exemption for Projects Consistent with a Community Plan or Zoning pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) Section 15183 of Title 14, Division 6, Chapter 3 of the California Code of Regulations, and Public Resources Code Section 21083.3; (see Attachments 2.a. and 4); and

2. Adopt a Resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MURRIETA APPROVING A TENTATIVE TRACT MAP FOR THE SUBDIVISION OF 15.81 GROSS ACRES FOR 107 RESIDENTIAL UNITS TO BE DEVELOPED WITH 107 DETACHED SINGLE-FAMILY HOMES AND RELATED IMPROVEMENTS FOR CIRCULATION, INFRASTRUCTURE, AND COMMON RECREATION AREA LOCATED AT 25190 WASHINGTON AVENUE (APN 909-190-001), based on the Findings and subject to the Conditions of Approval in Exhibit A as found in Attachment 1.

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PROJECT DESCRIPTION

Application Type:	Tentative Tract Map 39271 (MAP-2023-00010)
Applicant:	OTM Murrieta LLC
Property Owner:	Esther Gierson
Site Area:	15.81 gross acres, 15.81 net acres
Project Location:	25190 Washington Avenue (APN 909-190-001)
Site General Plan/Zoning:	Single-Family Residential (SFR) / Single-Family Residential 2 (SF-2)
Adjacent Zoning/Land Use:

Project Location

The Project site is at 25190 Washington Avenue in the southwestern portion of the City of Murrieta. The Project site consists of a single parcel: Assessor Parcel Number (APN) 909-190-001. As shown in the aerial image below, the Project site is generally bounded by Adams Avenue to the northeast, Washington Avenue to the southwest, Brett Lane to the southeast, and Ivy Street to the northwest. Please see Attachment 3.b. for a copy of the Vicinity Map.

Existing Land Use and General Plan/Zoning Designations

The Project site comprises one parcel encompassing approximately 20.63 gross acres (19.34 net acres). The Project site is primarily vacant and undeveloped with sparse vegetation. The site contains an existing single-family residence, a caretaker unit, and a barn/shed in the southwestern portion of the site and one single-family residence in the northwestern corner. Both single-family residences are unoccupied and have been for some time now. The Project site also contains ornamental landscaping and hardscape associated with the structures onsite. The Project site’s existing conditions are shown in the aerial image above.

The Project site has a General Plan land use designation of Single-Family Residential (SFR) and a corresponding zoning designation of Single-Family Residential 2 (SF-2). The SFR land use designation provides for traditional single-family detached and attached housing at a density of 1.1-10.0 du/ac. The SF-2 zoning district allows for developing single-family detached or attached housing at a density of 5.1-10.0 du/ac.

Previous approvals

On December 13, 2023, the Planning Commission reviewed a Tentative Parcel Map 38310 (TPM-2022-2549) and a Development Plan (DP-2022-2551). The TPM was to create Parcel 1 and Parcel 2 (Parcel 2 to contain a 15.85-acre parcel and retain the existing on-site single-family residence on Parcel 1. The DP was previously approved to allow for the development of 107 detached single-family residential homes plus 78 attached junior accessory dwelling units (JADUs) on Parcel 2. The new residential community would include parking, landscaping, recreation areas, and associated infrastructure. Lots A, B, and C of approved Parcel Map 38310 would be for public street dedication to the City for Washington Avenue and Adams Avenue. Residents in the area attended the public hearing and shared their concerns about private streets vs public, traffic, parking, and view sheds. After carefully reviewing the staff report and attachments, listening to public testimony, responses to questions, receiving a staff presentation, and deliberation by the Commissioners, they approved the Project by a vote of 4-0-1 (Fisher, Harlan, Vrooman, Wojcik) Absent (LaPaglia). Please see Attachment 4 for a copy of the Planning Commission staff report with attachments, dated 12/13/23.

Project Overview

The Project applicant proposes a Tentative Tract Map (TTM) for condominium purposes, subdividing the 15.81-acre site into 107 lots for condominium purposes for future residential uses: Lot 1 would be 15.81 acres. Easements for private streets will be created for joint use reserved for the owner, its successors, assignees, and parcel owners of this map. Private Street A would be 0.96 acres, Private Street B would be 0.19 acres, and Private Street C would be 0.59 acres. All private streets will be easements for vehicle ingress and egress of residents, guests, and emergency vehicles. The existing single-family residence and associated structures in the southwestern portion of the Project site would remain and will be subdivided by the previously approved Tentative Parcel Map with no development or improvements proposed. The Tentative Tract Map was designed to be consistent with the original Development Plan and Parcel Map approval in terms of unit count, unit pad locations, private street locations, open space areas (including Water Quality Basin), public street dedications along Washington and Adams Avenue, and on-site driveway locations. The overall site was adjusted to allow for proper drainage, resulting in an overall increase in pad elevation heights. Careful attention was applied to the design of the pad elevations along Brett Lane (a private road that is located along the southeastern portion of the Project). Below is an excerpt from the grading plan showing the Development Plan approved pad elevation height in Green, the proposed pad elevation height in black (if changed), and the delta showing the difference between what was approved and what is proposed. The pads adjacent to Brett Lane show that the proposed TTM is consistent with the Development Plan approval by maintaining the Planning Commission-approved pad elevation heights for lots 52, 57, and 58. Lots 33, 34, 39, 40, 45, 46, and 51 are now proposed lower compared to the original approval. No pad elevations along Brett Lane are higher than what was originally approved by the Planning Commission.

There is a delta of .04 acres between the approved TPM 38310 (15.85 acres) and the proposed TTM 39271 (15.81 acres). The approved TPM 38310 showed an Adams Avenue Street dedication of 30’ instead of the required 33’ that was shown on the approved Development Plan 2022-2551. The additional 3’ allows the TTM to be consistent with the approved Development Plan. The additional 3’ did not affect the approved locations of the pads, the plotting of the units, nor the required street yard setback of 10’, which are all consistent with the original approval. Please see Attachment 3.a. for the Tentative Tract Map.

CONSISTENCY ANALYSIS

General Plan and Zoning Consistency

The proposed Tentative Tract Map (TTM) for condominium purposes is consistent with and implements the City of Murrieta General Plan and the goals and policies outlined in it, including but not limited to those included in this staff report. For example, the Project site has a General Plan land use designation of Single-Family Residential (SFR), which allows traditional single-family detached and attached housing at a density of 1.1-10.0 du/ac. The Project site is zoned Single-Family Residential 2 (SF-2), which permits single-family subdivisions that may include detached and attached single-family dwelling units with shared walls at a density of 5.1 to 10.0 du/ac. The project site has been zoned SF-2 for more than 2 decades. The proposed Tentative Tract Map for condominium purposes is consistent with and permitted by the land use and zoning designations of the Project site. The TTM proposes 107 lots for condominium purposes for the site's future development, of 107 single-family detached residences at a density of 6.75 du/ac, consistent with the residential type and density permitted by the land use and zoning designations of the Project site.

Staff also found the Project to be consistent with the applicable development standards of the Project site zoning designation, including, but not limited to, the provisions required for minimum parcel size, allowable density, and minimum parcel width.

The Resolution (Attachment 1) contains findings regarding the project's consistency with the Development Code and General Plan.

HOUSING ACCOUNTABILITY ACT

State law, referred to as the Housing Accountability Act, constrains a city’s ability to modify a housing project, reduce project density, or deny a housing project without meeting strict state criteria found in state law. Staff have assessed how the Housing Accountability Act (HAA) (Government Code Section 65589.5) applies to the Project. The HAA establishes the state’s overarching policy that a local government cannot deny, reduce the density of, or make a housing development project infeasible when consistent with local development standards. The HAA was initially adopted in 1982, but in 2017, 2018, and 2019, the Legislature amended and strengthened its provisions to significantly limit the ability of a local government to deny an affordable or market-rate housing project consistent with local planning and zoning requirements. For development to qualify for protections under the HAA, it must meet the definition of a “housing development project.” This means that a proposed project must consist of residential units only, or a mixed-use development consisting of at least two-thirds of the square footage designated for residential use, or transitional or supportive housing. The development may occupy more than one parcel so long as the development is included in the same application. The Project is a multi-family, market-rate project of residential units only that meets the definition of a “housing development project” and therefore meets the criteria for protections afforded by the HAA.

The state’s Housing and Community Development Department has prepared a Housing Accountability Act Decision Matrix, depicted below. This matrix is intended to be used by local jurisdictions to understand how the HAA impacts their decision to approve, deny, or make a project infeasible. The matrix contains a highlighted decision path that applies to the Project. The outcome of applying the decision matrix is that the Project cannot be denied without a potential HAA violation.

If the City disapproves the Project or imposes a condition that the Project be developed at a lower density, the City must base its decision on written findings that 1) the Project would have a specific adverse impact upon public health or safety and 2) there is no feasible method to avoid or mitigate the adverse impact. The City would need to make specific additional findings based on a preponderance of evidence standards to deny or make it infeasible to develop the Project.

If the City is found to have violated the HAA, a court will issue an order compelling compliance within 60 days. If the City fails to comply with the order, the court must impose a fine. The minimum fine is $10,000 per housing unit in the proposed Project. If the court finds that the city acted in bad faith, the fine becomes $50,000 per unit. Staff notes that the city may not conduct more than five hearings for projects subject to the HAA.

ENVIRONMENTAL

Section 21083.3 of the Public Resources Code and Section 15183 of the CEQA Guidelines provide an exemption for projects that are consistent with a General Plan, Community Plan, or Zoning and would not result in any impacts peculiar to the project site. As documented in the attached 15183 Initial Study (see Attachments 2.a. and 4) and as conditioned, the Project meets all applicable criteria and, thus, is exempt per Section 15183 of the CEQA Guidelines. See Attachment 2.b. for the Notice of Exemption. In addition, the Project provides mitigation measures as found in the certified General Plan EIR, in the previously approved Development Plan permit, and Tentative Parcel Map Conditions of Approval (see Attachment 4).

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 prior to the hearing.

ATTACHMENTS

1) Resolution

Exhibit A - Conditions of Approval (Tentative Tract Map)

2) Environmental:

a. 15183 Initial Study Checklist

b. Notice of Exemption (15183)

3) Project plans including:

a. Tentative Tract Map

b. Vicinity Map

4) Planning Commission staff report with attachments, dated 12/13/23

Legislation Details