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
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