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HomeMy WebLinkAboutResolution - 14-06 RESOLUTION NO. 14-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT AGREEMENT NO. 1-14 BETWEEN THE CITY OF SAN JACINTO AND SO CAL PROPERTY SOLUTIONS 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, So Cal Property Solutions ("Owner") is the owner of Tentative Tract Map 34586 with respect to the Development Agreement; and WHEREAS, City and Owner now seek to enter into Development Agreement 1-14 attached hereto as Exhibit "A;" and WHEREAS,the project covered under the Development Agreement generally consists of a single family lot subdivision with 36 total residential units and other related improvements ("Project") and the purpose of Development Agreement is to provide partial payment for the Kirby and Esplanade Avenue Traffic Signal; 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 payment for a portion of the signal at Kirby and Esplanade Avenue; and WHEREAS, the project has been adequately analyzed in earlier adopted mitigated negative declaration and a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162 of the California Environmental Quality Act; and WHEREAS, on March 27, 2014 the Planning Commission of the City of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on Development Agreement 1-14 at which time all persons wishing to testify in connection with Development Agreement 1-14 were heard and Development Agreement 1-14 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 Development Agreement 1-14 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 1-14 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 1-14 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 Map, 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 Map, 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 paying the a portion of the Traffic Signal fee, 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 underthe 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 Development Agreement Fee provided for in the Agreement. 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 1-14 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 10th day of April, 2014. Je sb e Chairman ATTEST: Jan Catron, Planning Commission Secretary