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HomeMy WebLinkAboutResolution - 3326 STATE OF CALIFORNIA ) RESOLUTION NO. 3326 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA,APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE PHASING OF A 133,638 SQUARE FOOT SHOPPING CENTER ON 13.1 ACRES; PHASE 1 CONSISTS OF A 3,483 SQUARE FOOT CONVENIENCE STORE WITH FUEL AND ALCOHOL SALES, A 968 SQUARE FOOT CAR WASH TUNNEL, AND A 4,855 SQUARE FOOT FUELING CANOPY ON 1.1 ACRES; PHASE 2 INCLUDES A DEPARTMENT STORE OF 97,942 SQUARE FEET AND 32,800 SQUARE FEET OF SHOPS AND RESTAURANTS; LOCATED ON THE NORTHWEST CORNER OF ESPLANADE AVENUE AND SANDERSON AVENUE: CUP NO. 2-08 AMENDMENT 2. WHEREAS, Tony Bagramyan/LB Ocean Corp. filed an application on February 1 , 2010, File No. CUP 2-08 Amendment 2, for a conditional use permit amendment to allow the phasing of a 133,638 square foot shopping center("Application") on approximately 13.1 acres of land,APN 431-280-018 and -020("Subject Site"), as shown on the attached Exhibit A: WHEREAS, the property affected by the Application is within the General Commercial (C-2) zoning district; WHEREAS,the Application was reviewed, studied, and found to complywith the California Environmental Quality Act ("CEQA") as more fully described below; WHEREAS, on April 8, 2010, the Planning Commission of the City of San Jacinto ("Commission")conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard, the Application was comprehensively reviewed, and the Commission recommended City Council approval of the amended project; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the City Council, all written and oral evidence presented to the Council, and the findings set forth in this Resolution, the Council approves Conditional Use Permit No. 2-08 Amendment 2 to allow the phasing �- of a 133,638 square foot shopping center on the Subject Site, subject to the conditions of approval. SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented to the Council, including the staff report, the Council finds as follows: A. The proposed location of the Conditional Use is in accord with the objectives of Article 17 of Ordinance 340 and the purposes of the zone in which the site is located. The site is zoned C-2 (General Commercial). The proposed shopping center is located in proximity to existing and proposed commercial and residential uses. Therefore, the use is consistent with the goals and objectives of the C-2 zoning district B. The proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health safety or welfare, or materially injurious to properties or improvements in the vicinity. As stated above the project is consistent with the zone classification for the site and the land use element General Plan designation of Community Commercial. Further,the project has been reviewed by City and County agencies and has been conditioned accordingly. Follow up inspections by the City of San Jacinto will be done as needed to ensure public health, safety and welfare. C. The proposed conditional use will comply with each of the applicable provisions of Article 17 of the Zoning Ordinance. The use is consistent with the intent and purposes of Ordinance 340 and applicable provisions of the General Plan by providing additional retail/commercial opportunities not previously available. The `— circulation system in the area has the capacity to absorb the anticipated traffic generated by this development because excess capacity exists in the current system. Additionally, the use has been reviewed by a licensed traffic engineer who found that the development will not interfere with pedestrian traffic or cause an increase in traffic hazards. D. For conditional use permits that include off-sale alcoholic beverages, the City Council makes the following additional findings: a. That the proposed use will not be detrimental to surrounding properties and neighborhoods including, but not limited to, assuring the use does not contribute to loitering, public drunkenness, noise,obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures. b. The proposed use will not lessen or impact the suitability of adjacent commercially zoned properties for commercial uses. c. The proposed use will not adversely affect the welfare of residents in the area or result in an undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. For purposes of this subsection, "undue concentration" shall be defined as provided in California Business and Profession Code 23958.4 d. Notwithstanding subsection (c) above, the City Council may grant a conditional use permit despite an undue concentration of establishments dispensing alcoholic beverages, as defined in California Business & Profession Code 23958.4, if the public convenience and necessity would be �-- served by the issuance of the conditional use permit and the use otherwise meets the findings of this section. e. The City Council may establish such other conditions it deems necessary to carry out the hours of operation, including but not limited to requiring adequate security and safety measures, lighting, parking and noise buffers. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report,the Council finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by use of the Subject Site as permitted by the CUP; SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented, the Council finds the CUP complies with CEQA for the following reasons: Pursuant to the CEQA process, the project has been adequately analyzed in an earlier adopted mitigated negative declaration for Conditional Use Permit Case No. CUP 2-08. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is approved by City Council. PASSED, APPROVED AND ADOPTED, this 20t' day of May, 2010 by the following vote: Ayes: Ayres, Mansperger, Potts, Stubblefield Nays: None Absent: Di Memmo Abstain: None ity of San Jacinto 3 e Stubblefield,Vaydt ATTEST: /f� CfJIQ.(k _ R hci and Miller, City Clerk i ut � I �11b1JOL�l UYwY 40MWVFf �— --,�----------- Ifflud!11/13e t'.Y:fw 1E'"',I1B111A S � .y Ihwtlt ��s� n>.yw 1lO.'YJhPf �' aft�olut I i •iYR 36.♦/'i¢3�1Cdp1L:tiYMtilf T_�'d:••r 1X.R AG�ISgYTWM1 i *Y.-M 9luao�PA:PWw - p ' )M.f :TPf+ASYA+ ••''� � � I YY11D,d� 3 K•� x:.mri:IN,w+r :. cw :r)wyAwF •Ibi rirrv.vl'Y. rwYwrrm nnsr:�:;� •.��• ea:YtX'.wtt'i li:r Qnfdif)+.9WI[ :4�± � I i 441sw1 a fl's )W4i1/IolfQ�'Of aWtJOo4��Mnbn .� dVWl1AMA wl Q i w � 1 X � W f