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