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Home My WebLink AboutResolution - 3265 STATE OF CALIFORNIA) RESOLUTION NO. 3265 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT 15-08 FOR AN 88,233 SQUARE FOOT 3-STORY HOTEL, 10,140 SQUARE FOOT RESTAURANT AND 31,500 SQUARE FEET OF RETAIL SPACE IN FOUR BUILDINGS WITH ALCOHOL CONSUMPTION LIKELY TO OCCUR IN BOTH THE RESTAURANT AND HOTEL ON A 13-ACRE SITE LOCATED ON THE SOUTHWEST CORNER OF RAMONA EXPRESSWAY AND CAWSTON AVENUE (APN 430-100-017): CUP NO. 15-08. WHEREAS, Shelbran Investments filed an application on October 27, 2008 for Conditional Use Permit 15-08(the"CUP Application")to approve an 88,233 square foot 3-story hotel, 10,140 square foot restaurant and 31,500 square feet of retail space in four buildings with alcohol consumption likely to occur in both the restaurant and hotel on a 13- acre site, APN 430-100-017 ("Subject Site"); WHEREAS,an application has been submitted to the City of San Jacinto(the "City")to change the zoning designation for the Subject Site from the Light Manufacturing (M-1) to the General Commercial (C-2) zoning designation (the "Zone Change Application"); WHEREAS, an application has been submitted to the City to amend the City's General Plan Land Use designation of the Subject Site from Gateway Area Specific Plan (SP-G) Overlay to the Community Commercial (CC) designation (the "Land Use Amendment"); WHEREAS,the CUP Application was reviewed, studied,and found to comply with the California Environmental Quality Act("CEQA") provided that a Mitigated Negative Declaration is adopted by the City Council of the City ("City Council") as more fully described below; WHEREAS, on April 23, 2009, the Planning Commission conducted a duly noticed public hearing on the CUP Application at which time all persons wishing to testify in connection with the CUP Application were heard and the CUP Application was comprehensively reviewed, and recommended to the City Council for approval; and WHEREAS, on May 21, 2009, the City Council of the City of San Jacinto ("City Council") conducted a duly noticed public hearing on the CUP Application at which time all persons wishing to testify in connection with the Application were heard and the Application was fully studied; 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 City Council, and the findings set forth in this Resolution, the City Council hereby approves Conditional Use Permit No 15-08 to allow the construction of the above-referenced commercial project on the Subject Site, subject to the conditions of approval attached to this Resolution. The foregoing recommendation is subject to adoption by the City Council of the Zone Change Application and the Land Use Amendment. SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, including the staff report, the City 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 proposed zoning designation of the Subject Site. The Subject Site is proposed to be re-zoned C-2 (General Commercial) pursuant to the Zone Change Application. The commercial project proposed by the CUP Application would be located adjacent to properties zoned for commercial and business uses in the C-2 (General Commercial) and M-1 (Light Manufacturing)zones. Therefore, the proposed 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 proposed zone classification for the Subject Site and the proposed land use element designation of the General Plan, which is proposed as the Community Commercial General Plan land use designation pursuant to the proposed Land Use Amendment. Further, the CUP Application has been reviewed by City and Riverside County agencies and has been conditioned accordingly. Follow up inspections by the City 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, as proposed to be amended, by providing additional retail/commercial and hotel/lodging 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. Page 2 of 5 D. For conditional use permits that include on-sale and/or 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 City 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 City Council finds the CUP complies with CEQA for the following reason: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project or mitigation measures incorporated into the conditions of approval for the project Page 3of5 would avoid the effects and no significant effects would occur; therefore, A MITIGATED NEGATIVE DECLARATION has been prepared for adoption by the City Council. City Staff is directed to file a Notice of Determination within 5 days of this project approval. SECTION 5. Effective Date. This Resolution shall become effective on the date on which it is approved by the City Council. PASSED, APPROVED AND ADOPTED, this 21 st day of May, 2009 by the following vote: Ayes: Mansperger, Potts, Stubblefield Nays: Di Memmo Absent: None ".W11141"I"Abstain: Ayres CI , i of acinto i y C cil ,tip:•° ale Stu blefield, ayor a .'� 71lfli ill ff'. . ATTEST: Barry M e Ian, City Clerk Page 4 of 5 CERTIFICATION I, Barry McClellan, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3265 was duly passed and adopted at a regular meeting of the City Council on the 21 st day of May, 2009. WITNESS MY HAND AND OFFICIAL SEAL this 29"' of May, 2009. J^a1 R r`yel Barry Mc Ilan, City Clerk r COca R �h7yNA7t1 .t Page 5 of 5