HomeMy WebLinkAboutResolution - 13-07 RESOLUTION NO. 13-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT DEVELOPMENT
AGREEMENT NO. 1-13 BETWEEN THE CITY OF SAN
JACINTO AND CURCI SAN JACINTO INVESTORS, LLC
WHEREAS, pursuant to Section 65864,et seq.,of the California Government
Code, the City of San Jacinto ("City") is authorized to enter into development agreements
with persons having legal or equitable interests in real property for the development of such
property; and
WHEREAS, Curci San Jacinto Investors, LLC ("Owner") is the owner of
Tentative Tract Maps 33862, 32582, and 30379 with respect to the Development
Agreement; and
WHEREAS, City and Owner now seek to enter into Development Agreement
1-13 attached hereto as Exhibit "A;" and
WHEREAS,the project covered underthe Development Agreement generally
consists of single family lot subdivisions with 466 total residential units and other related
improvements("Project")and the purpose of Development Agreement is to extend the term
of the Tentative Tract Maps for seven (7) years; and
WHEREAS, Chapter 17.610 of the City's Development Code sets forth the
City's requirements for development agreements, and amendments and extensions
thereof; and
WHEREAS, the Development Agreement is in accordance with Chapter
17.610 of the Development Code; and
WHEREAS, the Development Agreement as proposed, includes a
Development Agreement fee to be paid by Owner to the City under the Development
Agreement, and includes other provisions for the extension; and
WHEREAS, the project has been adequately analyzed in earlier adopted
mitigated negative declarations and a subsequent mitigated negative declaration is not
require, because there are no changed circumstances pursuant to Section 15162 of the
California Environmental Quality Act; and
WHEREAS, on September 12, 2013 the Planning Commission of the City of
San Jacinto ("Planning Commission") conducted a duly noticed public hearing on
Development Agreement 1-13 at which time all persons wishing to testify in connection with
Development Agreement 1-13 were heard and Development Agreement 1-13 was
comprehensively reviewed; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO
RESOLVES AS FOLLOWS:
SECTION 1. Based on the entire record before the Planning Commission,all
written and oral evidence presented to the Planning Commission,and the findings setforth
in this Resolution, the Planning Commission recommends that the City Council of the City
of San Jacinto approve by ordinance Development Agreement 1-13 as set forth in Exhibit
"A" attached hereto and incorporated herein by reference, based upon the following
findings:
A. That Development Agreement, aids in the continued and consistent
implementation of the Tentative Tract Maps, provides a financial benefit to the City in the
form of the increased Development Agreement Fee (as that term is defined in the
Development Agreement), and is therefore in the best interest of the City.
B. That Development Agreement 1-13 is consistent with the City's
General Plan and will allow the Owner to complete the Project in a manner which the City
Council previously found to be consistent with the City's General Plan, and which the
Planning Commission finds continues to be consistent therewith.
C. That Development Agreement 1-13 promotes the public health, safety
and welfare of the community because it will permit and encourage the development of
residential units in accordance with the approved Tentative Maps, and will allow for the
most efficient and logical development of the real property governed by the Development
Agreement in the City.
D. That the Project is covered under the Tentative Tract Maps, which
provides for single-family development, is therefore compatible with the uses authorized in,
and the regulations prescribed for, the zone in which the real property subject to the
Development Agreement is located, and will not adversely affect the orderly development
of property or the preservation of property values.
E. By extending the term of the Development Agreement, it is consistent
with the following General Plan Land Use Element goals and policies, and will further
important and officially recognized City wide goals and policies, by allowing the Owner to
develop the project under the terms of the Development Agreement:
(i) Land Use Element No. 4—Manage and Direct Growth—This
Land Use Element encourages development consistent with the zoning of the property and
provide for adequate levels of public services and facilities to be provided for the new
development.
F. That Development Agreement 1-13 will provide the City with important,
tangible benefits including the increased Development Agreement Fee provided for in the
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Agreement, and future development of the Tentative Tract Maps,
SECTION 2. Based on the entire record before the Planning Commission,all
written and oral evidence presented to the Planning Commission,and the findings set forth
in this Resolution, the Planning Commission recommends that the City Council of the City
of San Jacinto adopt Development Agreement 1-13 as set forth in Exhibit "A".
SECTION 3. The Planning Commission finds that the project has been
adequately analyzed in earlier adopted mitigated negative declarations and a subsequent
mitigated negative declaration is not require, because there are no changed circumstances
pursuant to Section 15162 of the California Environmental Quality Act.
SECTION 4. Staff is directed to file a Notice of Determination with the
Riverside County Recorder's Office within five (5) working days of adoption of this
Resolution.
SECTION 5. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED, this 12th day of September, 2013.
Je& Markuz, Chair an
ATTEST:
Jan tron, Planning Commission Secretary
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