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HomeMy WebLinkAboutResolution - 13-06 RESOLUTION NO. 13-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING A ONE- YEAR EXTENSION OF TIME TO ALLOW THE CONSTRUCTION OF A 138,991 SQUARE FOOT SHOPPING CENTER ON 17.2 ACRES LOCATED ON THE SOUTHWEST CORNER OF SANDERSON AVENUE AND COTTONWOOD AVENUE: CUP NO. 1-08. WHEREAS, KZ DevCo, LP filed an application on June 28, 2013 for a one- year extension of time for Conditional Use Permit 1-08; to allow the construction of a 138,991 square foot shopping center("Application") on approximately 17.2 acres of land, APN 432-270-005 ("Subject Site"); WHEREAS,the property affected by the Application is within the Commercial General (CG) 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 June 12, 2008 and again on July 10, 2008, 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 WHEREAS, on August 8, 2013, 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 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 Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission approves a one-year extension of time for Conditional Use Permit No 1-08 to allow the construction of a 138,991 square foot shopping center on the Subject Site, subject to the conditions of approval. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, including the staff report, the Commission finds as follows: A. There have been no changes in circumstances or law that would preclude the review authority from making the findings upon which the original approval was based because there have been no changes in approved Conditional Use Permit 1- 08 since it was approved by the Planning Commission on July 10, 2008 and ratified by the City Council on August 7, 2008. B. Appropriate evidence has been provided by the applicant to document that: A. A good faith intent to exercise the permit or approval has been demonstrated because the applicant has operated the Temporary storage yard in a safe, clean and orderly manner and will continue to do so for the remainder of time allowed by the Extension of time. B. The extension is required due to an unusual hardship that was not the result of personal action(s) undertaken by the applicant because of the effects of the economic recession on local real estate markets. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission 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 Planning Commission and all written and oral evidence presented, the Planning Commission finds the CUP complies with CEQA for the following reason: 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 1-08 and the mere extension of time will not have any new environmental impacts. SECTION 5. Effective Date. This Resolution shall become effective fifteen days following its adoption by the Planning Commission. PASSED, APPROVED AND ADOPTED, this 8ch day of August, 2013. ,c. Ole Martine , Ojrman ATTEST: �6 Catron, Deputy City Clerk