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HomeMy WebLinkAboutResolution - 14-03 RESOLUTION NO. 14-03 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. 01-10 FOR SAN JACINTO LUZ DEL SOL (TRACT 31886) BETWEEN THE CITY OF SAN JACINTO AND FH II, 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, on October 7, 2010,following all required and duly noticed public hearings, the City Council adopted Ordinance No. 10-07, making findings in support of and approving that certain Development Agreement No. 01-01 ("Development Agreement") by and between the City and Puente Holdings, LLC ("Puente"), and PBJT935927 2008 Investments, LLC ("PBJT 2008") for San Jacinto Luz Del Sol (Tract No. 31886). At that time, Puente and PBJT 2008 (collectively, the "Prior Owner") were the owners and developers of Tract No. 31886 and intended to develop 321 units in a single-family, residential subdivision. Upon adopting Ordinance No. 10-07, the City Council also found that all of the procedures of the California Environmental Quality Act (Cal. Pub. Resources Code, §§ 21000 et seq.) ("CEQA") have been met with respect to the Development Agreement pursuant to the filing and adoption of a mitigated negative declaration for Tract No. 31886 concurrently with the City Council approval of Tentative Tract Map 31886 on October 7, 2004, attached to the Development Agreement; and WHEREAS, the Development Agreement became effective on or about February 4, 2011; and WHEREAS, following execution of the Development Agreement, ownership of Tract No. 31886 changed and is currently owned as follows: Lots 1-22, 151-159, 185- 220, 232-278, 282, 283, and 287-321, 151 lots total and known as "Area A", are now owned by FH 11, LLC ("Frontier" or"Developer"); Lots 23-46, 142-150 and 221-231 , 44 lots total and known as "Area 13-1", are now owned by Temecula Mining Group and Water Rights, LLC, a California limited liability company("Temecula"); and Lots 47-141 and 160- 184, 120 lots total and known as "Area B-2", are now owned by Shea Homes Limited Partnership, a California limited partnership ("Shea"); and WHEREAS, Frontier is the successor in interest to Prior Owner with respect to Area A; and WHEREAS, City and Frontier now seek to amend the Development Agreement ("Amendment No. 1") in certain respects according to the Development 24438.80027\8575866.1 Agreement, as amended by the proposed Amendment No. 1, a copy of such proposed Amendment No. 1 is attached hereto as Exhibit "A;" and WHEREAS, with respect to Frontier and Area A only, the project covered under the Development Agreement generally consists of single family residential lot subdivisions for 151 lots and other related improvements ("Project") and the purposes of the proposed Amendment No. 1, as specifically set forth therein, include clarifying current ownership of Tract No. 31886, waiving certain defaults under the Development Agreement, amending the terms and conditions of certain fees, fee credits, fines, and adding certain landscape improvement requirements; 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, all of the procedures of CEQA have been met pursuant to the filing and adoption of that very mitigated negative declaration for Tract No. 31886 concurrently with the City Council approval of Tentative Tract Map 31886 on October 7, 2004, as attached to the Development Agreement, as we;; as a Notice of Determination for Tentative Tract Map 31886 dated that same October 7, 2004 finding that the project will not have a significant effect on the environment pursuant to CEQA; and WHEREAS, on February 6, 2014 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. All of the Recitals set forth above and true and incorporated herein by this reference. 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 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: 24438.8 0 0 2718 57 5 8 66.1 2 A. That Amendment No. 1 , by allowing for Frontier to take over for the Prior Owner of Area A that was in default of the Development Agreement due to non- performance and allowing for Area A to be developed according to the Development Agreement as amended by Amendment No. 1, provides a financial benefit to the City in the form of the collection of certain Transportation Uniform Mitigation Fees, certain Development Agreement Fees, certain compliance fines, and an alternative security fee (as the fees are defined and set forth in Amendment No. 1), and is therefore in the best interest of the City. B. That Amendment No. 1, by inserting an additional section requiring Frontier to install certain landscaping improvements in the Project in accordance with plans approved by the City and to dedicate such improvements once built to the City,the City will benefit from these additional improvements. C That Amendment No. 1 is consistent with the objectives, policies, general land uses and programs specified in the City's General 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 which the Planning Commission finds continues to be consistent therewith. D. That Amendment No. 1 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located because the Amendment No. 1 does not change the allowed use of the subject property, which is the subject of an approved tract map. E 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, additional housing for residents, and will allow forthe most efficient and logical development of the real property governed by the Development Agreement in the City. SECTION 3. 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 Amendment No. 1 to the Development Agreement as set forth in Exhibit "A'. SECTION 4. The Planning Commission has reviewed the adopted mitigated negative declaration attached to the Development Agreement, and all written and oral evidence presented, and the Planning Commission hereby finds that Amendment No. 1 complies with CEQA. 24438.80027\8575866.1 SECTION 5. This Resolution shall become effective upon its adoption. PASSED, APP VED AND ADOPTED, this 6th day of February, 2014. Tish Arciniega, Vice Chairman ATTEST: Jan Catron, Deputy City Clerk 24438.80027\8575866.1 4 EXHIBIT "A" AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-10 FOR SAN JACINTO LUZ DEL SOL (TRACT 31886) BETWEEN THE CITY OF SAN JACINTO AND FH II, LLC Exhibit A 24438.8002718575866.1