HomeMy WebLinkAboutResolution - 13-10 RESOLUTION NO. 13-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW THE RECONFIGURING OF
PHASE 1 OF A PREVIOUSLY APPROVED CUP (CUP 2-08
AMENDMENT 2), CONSISTING OF A 4,500 SQUARE FOOT
CONVENIENCE STORE WITH FUEL AND ALCOHOL
SALES, A 1,085 SQUARE FOOT CAR WASH TUNNEL, AND
A 4,400 SQUARE FOOT FUELING CANOPY ON 1.24
ACRES; LOCATED ON THE NORTHWEST CORNER OF
ESPLANADE AVENUE AND SANDERSON AVENUE: CUP
NO. 2-08 AMENDMENT 3.
WHEREAS, Circle K Store, Inc. filed an application on September 13, 2013,
File No. CUP 2-08 Amendment 3, for a conditional use permit amendment to allow the
reconfiguring of phase 1 of a previously approved shopping center (CUP 2-08 A2)
("Application")on approximately 13.1 acres of land, APN 431-280-018 and -020 ("Subject
Site");
WHEREAS, the property affected by the Application is within the Community
General (CG) zoning district;
WHEREAS,the Application was reviewed, studied, and found to comply with
the California Environmental Quality Act ("CEQA") as more fully described below;
WHEREAS, on October 24, 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 recommends approval of Conditional Use Permit No. 2-08
Amendment 3 to allow the reconfiguring of phase 1 of a 133,638 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. The proposed location of the Conditional Use is in accord with the objectives of
chapter 17.605 of the City Development Code and the purposes of the zone in
which the site is located. The site is zoned CG (Commercial General). 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 CG 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 General Plan land use element designation of Community Commercial. 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
Chapter 17.605 of the Development Code. The use is consistent with the intent and
purposes of The City Development Code 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 engineerwho
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 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 reasons:
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 2-08. It can be seen with
certainty that the approval of the amendment to the Conditional
Use Permit is not likely to have any effect on the environment,
and therefore further review is not necessary under CEQA and
the CEQA Guidelines.
SECTION 5. Effective Date. This Resolution shall become effective on the
date on which the project is approved by the City Council.
PASSED, APPROVED AND ADOPTED, this 24th day of October, 2013.
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Commiss on a person
ATTEST:
Plano6d Commission Secretary