HomeMy WebLinkAboutResolution - 13-12 RESOLUTION NO. 13-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 03-01, FOR SPECIFIC
PLAN 01-01 (COVE SPECIFIC PLAN) BETWEEN THE CITY
OF SAN JACINTO AND KB HOME COASTAL INC. AND
ADOPTING AN ADDENDUM TO THE INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION
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 propertyforthe development of such
property; and
WHEREAS, on April 17, 2003, pursuant to Resolution No. 2424, the City
Council of the City("City Council") adopted the Cove Specific Plan 01-01 ("Cove Specific
Plan"); and
WHEREAS, on May 1, 2003, following all required and duly noticed public
hearings,the City Council adopted Ordinance No. 03-11, making findings in support of and
approving that certain Development Agreement No. 03-01 ("Development Agreement")
between the City and Cove One Partners, LLC ("Cove One") for the Cove Specific Plan;
and
WHEREAS, on or about June 2, 2003, the City and Cove One entered into
the Development Agreement, and the Development Agreement was recorded in the
Official Records of Riverside County on January 9, 2004 as Document Number 2004-
0014978; and
WHEREAS, KB Home Coastal Inc. ("KB" or"Developer") is the successor in
interest to Cove One with respect to the Development Agreement; and
WHEREAS, City and KB now seek to amend the Development Agreement
("Amendment No. 1")to allow KB to continue to develop the Cove Specific Plan pursuant to
the terms of the Development Agreement, as amended by Amendment No. 1, a copy of
which is attached hereto as Exhibit "A;" and
WHEREAS,the project covered under the Development Agreement generally
consists of single family lot subdivisions with 451 total residential units and other related
improvements("Project")and the purpose of Amendment No. 1 is to extend the term of the
Development Agreement, which expires in June, 2013, for an additional ten (10) years to
June 2, 2023; 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, Amendment No. 1 is in accordance with Chapter 17.610 of the
Development Code; and
WHEREAS, Amendment No. 1, as proposed, increases the Development
Agreement fee to be paid by KB to the City underthe Development Agreement, and makes
other changes related to the term extension; and
WHEREAS, an Initial Study/Mitigated Negative Declaration ("IS/MND")was
prepared for the Project in 2002 at which time the City Council found that the Development
Agreement would not have a significant effect on the environment because the
Development Agreement itself did not have any possibility of having a direct or indirect
effect on the physical environment and the physical effects, if any, of the Cove Specific
Plan had been thoroughly analyzed and mitigated pursuant to the IS/MND and its
accompanying Mitigation Monitoring Program; and
WHEREAS, the IS/MND was certified in April of 2003 and an Addendum
thereto pursuant to Section 15164 of the State CEQA Guidelines("Addendum") has been
prepared to analyze the potential environmental impacts of the Project as amended by
Amendment No. 1, including the extended phasing plan for the Project development and
extension of the Agreement for an additional ten (10) years, and as compared to the
environmental impacts of the original Project; and
WHEREAS, the Addendum is on file at the Offices of the City and available
for public review; and
WHEREAS, on May 9, 2013 the Planning Commission of the City of San
Jacinto ("Planning Commission") conducted a duly noticed public hearing on Amendment
No. 1 at which time all persons wishing to testify in connection with Amendment No. 1 were
heard and Amendment No. 1 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 set forth
in this Resolution, the Planning Commission recommends that the City Council of the City
of San Jacinto approve by ordinance Amendment No. 1 to the Development Agreement as
set forth in Exhibit"A" attached hereto and incorporated herein by reference, based upon
the following findings:
A. That Amendment No. 1, by extending the term of the Development
Agreement, aids in the continued and consistent implementation of the Cove Specific Plan,
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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 Amendment No. 1 is consistent with the City's General Plan and
the Cove Specific Plan, because Amendment No. 1 will allow the Developer to complete
the Project in a manner which the City Council previously found to be consistent with the
City's General Plan and the Cove Specific Plan, and which the Planning Commission finds
continues to be consistent therewith.
C. That Amendment No. 1 promotes the public health, safety and welfare
of the community because Amendment No. 1 will permit and encourage the development
of residential units in accordance with the Cove Specific Plan, 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 Cove Specific Plan, and
Amendment No. 1, which continues development under said Specific Plan, 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 orthe preservation of property values.
E. By extending the term of the Development Agreement, Amendment
No. 1 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 Developer to continue to consistently implement the Specific Plan under the terms of
the Development Agreement:
(i) Land Use Element No. 4— Manage and Direct Growth —This
Land Use Element encourages the use of Specific Plans as a method of requiring
developers to identify how adequate levels of public services and facilities will be provided
for the new development.
(ii) Land Use Element No. 6- Planned Unit Development and
Specific Plans. This Land Use Element encourages the City to implement Specific Plan
requirements, as, per the General Plan, Specific Plans addresses the City's community
design goals and policies.
F. That Amendment No. 1 will provide the City with important, tangible
benefits including the increased Development Agreement Fee provided for under
Amendment No. 1, and the continued and consistent development of the Cove Specific
Plan.
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
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of San Jacinto adopt Amendment No. 1 to the Development Agreement for the Cove
Specific Plan as set forth in Exhibit "A".
SECTION 3. The Planning Commission has reviewed the Addendum and all
findings therein, as well as the original IS/MND, and all written and oral evidence
presented, and the Planning Commission hereby approves and adopts the Addendum
pursuant to the California Environmental Quality Act("CEQA") and finds that Amendment
No. 1 complies with CEQA. In adopting the Addendum, the Planning Commission
specifically finds that none of the circumstances listed in Public Resources Code section
21166 and State CEQA Guidelines section 15162 requiring preparation of a subsequent or
supplemental EIR exist, and that adoption of the Addendum is therefore proper and
appropriate.
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 9th day of May 2013.
JEV Martinez, h n
ATTEST:
atron, Planning Commission Secretary
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EXHIBIT "A"
AMENDMENT NO. 1 TO
DEVELOPMENT AGREEMENT NO. 03-01 BY AND BETWEEN THE CITY OF SAN
JACINTO AND COVE ONE PARTNERS, LLC,
FOR SPECIFIC PLAN 01-01 ("COVE SPECIFIC PLAN")
Exhibit A