Loading...
HomeMy WebLinkAboutResolution - 14-13 RESOLUTION NO. 14-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT AGREEMENT NO. 2-14 BETWEEN THE CITY OF SAN JACINTO AND TOWER INVESTMENTS, LLC. WHEREAS, pursuant to Section 65864, et seq., of the California Government Code and the San Jacinto Municipal 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, Tower Investments, LLC ("Tower") has requested the City's approval of a statutory development agreement pursuant to the rules and regulations set forth above, known as Development Agreement 2-14 attached hereto as Exhibit "A"; and WHEREAS, the Development Agreement pertains to certain real property that is located within Assessment District 87-1 ("AD 87-1") and specifically Lots 1, 2, 6, 8 and 9; and WHEREAS, the Development Agreement generally consists of vesting of land use regulations and Development Impact Fees; 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 WHEREAS, pursuant to the California Environmental Quality Act, the Development Agreement could not result in a direct or reasonably indirect physical change in the environment and the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act. WHEREAS, on November 6, 2014 the Planning Commission of the City of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on Development Agreement 2-14 at which time all persons wishing to testify in connection with Development Agreement 2-14 were heard and Development Agreement 2-14 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 2-14 as set forth in Exhibit "A" attached hereto and incorporated herein by reference, based upon the following findings: A. That Development Agreement provides a financial benefit to the City in the form of the 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 2-14 is consistent with the City's General Plan and will vest the current zoning regulations 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 2-14 promotes the public health, safety and welfare of the community because it will encourage the sale of the property in accordance with the approved 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 Map, which provides for commercial 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 Development Agreement 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 under the 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 2-14 is compatible with the uses authorized in the regulations prescribed for, the land use district in which the real property is located because the Development Agreement does not change the allowed 24438.8002617938568.1 2 use for the area and will enable the property to be developed to its highest and best use. 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 2-14 as set forth in Exhibit "A". SECTION 3. The Planning Commission finds that pursuant to the California Environmental Quality Act, the Development Agreement could not result in a direct or reasonably indirect physical change in the environment and the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act. SECTION 4. Staff is directed to file a Notice of Exemption 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 6th day of November 2014. erry ossb er airman ATTEST: J n Catron, Planning Commission Secretary 24438.8002617938568.1 $ EXHIBIT "A" DEVELOPMENT AGREEMENT NO. 2-14 BY AND BETWEEN THE CITY OF SAN JACINTO AND TOWER INVESTMENTS LLC., A DELAWARE LIMITED LIABILITY COMPANY Exhibit A