HomeMy WebLinkAboutResolution - 3355 STATE OF CALIFORNIA ) RESOLUTION NO. 3355
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 FOR A 98,335 SQUARE FOOT
NEIGHBORHOOD SHOPPING CENTER IN THREE PHASES
ON 9.1 ACRES LOCATED AT THE SOUTHEAST CORNER
OF SANDERSON AVE. AND COTTONWOOD AVE. CUP
NO. 08-07.
WHEREAS, Louis Habash filed an application on December 19, 2007, File
No. CUP 08-07, for a conditional use permit to allow the construction of a phased 98,335
foot shopping center ("Application") in three phases on approximately 9.1 acres of land,
APN 436-360-001 ("Subject Site")"
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 comply with
the California Environmental Quality Act (°CEQK) as more fully described below;
WHEREAS, on October 14, 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 and
the Application was comprehensively reviewed and approved; and
WHEREAS, on January 6, 2011, the City Council of the City of San Jacinto
conducted a duly noticed public hearing on the Application at which time all persons
wishing to testify in connection with the Application were heard and the Application was
comprehensively reviewed and approved; 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 approves Conditional Use Permit No. 08-07 for a 98,335
square foot shopping center on the Subject Site, subject to the conditions of approval.
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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 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 of the General Plan. 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.
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 reasons:
Although the proposed project could have had a significant
effect on the environment, there will not be significant effect in
this case because revisions in the project or proposals made
by or agreed to by the applicant would avoid the effects to a
point where clearly no significant effects would occur;therefore
A MITIGATED NEGATIVE DECLARATION has been
prepared. City Staff is directed to file a Notice of
Determination within 5 days of this Resolution.
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, at a regular meeting of the City
Council on this 6th day of January, 2011by the following vote.
Ayes: Bartel, Di Memmo, Kotyuk, Ledezma, Miller
Nays: None
Absent: None
Abstain: None
CITY OF SANNy JACINTO
by Scott Miller, Mayor
`r ATTEST
/
Richard Miller, City Clerk
APPROVED AS TO FORM:
Best, Best &`Krieger, LLP.
Jerre Balling r, City Attorney
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