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HomeMy WebLinkAboutResolution - 3753 STATE OF CALIFORNIA ) RESOLUTION NO. 3753 COUNTY OF RIVERSIDE }ss CITY OF SAN JACINTO } A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING PLANNED DEVELOPMENT PERMIT 18-1, SITE PLAN AND DESIGN REVIEW 16-7, MINOR USE PERMIT 16-2,MINOR USE PERMIT 16-3,MINOR USE PERMIT 16-4 AND TENTATIVE PARCEL MAP 37099 TO ALLOW THE DEVELOPMENT OF A MIXED USE COMMERCIAL AND RESIDENTIAL PROJECT TO BE LOCATED ON VACANT LAND AT THE NORTHWEST CORNER OF MAIN STREET AND THE RAMONA EXPRESSWAY. WHEREAS, Latham Management Group filed applications on May 17, 2016 for: 1) Site Plan and Development Review(SPDR 16-7), 2) Minor Use Permit(MUP 16-2), 3) Minor Use Permit (MUP 16-3), and 4) Minor Use Permit (MUP 16-4) for the KPC Promenade mixed use development. On December 17, 2018, Latham Management Group also filed 5) Planned Development Permit 18-1, and 6) Tentative Parcel Map 37099. The foregoing described applications are referred to herein, collectively, as the "Applications".The proposed project is located at the northwest comer of Main Street and the Ramona Expressway, APN 433-030-021 and 025. ("Subject Site"); and WHEREAS, the Applications would establish the KPC Promenade within the proposed Community Commercial (CC) land use designation of the San Jacinto General Plan; and WHEREAS, the Applications propose to establish the KPC Promenade, a mixed use commercial and residential project, under a Site Plan and Development Review, Planned Development Permit, and three Minor Use Permits within the proposed General Commercial (CG) Zone; and WHEREAS, the Project was reviewed, studied, and found to not have a significant effect on the environment under the California Environmental Quality Act ("CEQA") as more fully described in Section 3 below; and WHEREAS, on March 18, 2019 the Planning Commission of the City of San Jacinto ("Commission") conducted a duly noticed public hearing on the Project at which time all persons wishing to testify in connection with the Project were heard and the Project was comprehensively reviewed; and WHEREAS, on April 2, 2019, the City Council in the City of San Jacinto 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 by the City Council; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE 1T RESOLVED, ordered and determined by the City Council of the City of San Jacinto: Section 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council approves the following: 1) Planned Development Permit(PDP) 18-1 to allow adjustments to height and parking standards; 2) Site Plan and development Review (SPDR) 16-7 to approve an overall site plan within the CG Zone on the Subject Site; 3) Minor Use Permits (MUP) 16-2 to establish a senior residential project on the Subject Site; 4) (MUP) 16-3 to establish a service station, convenience store and car wash on the Subject Site; 5) (MUP) 16-4 to establish a senior residential development on the Subject Site, and 6) Tentative Parcel Map 37099 to subdivide the property into nine parcels (also referred to herein, collectively, as"the Project"); all subject to the Conditions of Approval. Section 2. Based on the entire record before the City Council, including the staff report, and all written and oral evidence presented to the City Council, including the staff report, Mitigated Negative Declaration (MND), and the Mitigation Monitoring and Reporting Program (MMRP) the City Council finds as follows: a. The proposed Planned Development Permit(PDP 18-1) is: (1) Allowed within the proposed General Commercial (CG) Zone; and (2) Consistent with the intent, goals, policies, actions, and land use designations of the General Plan as amended; and (3) Generally in compliance with all applicable provisions of the Development Code, with adjustments for height and required parking, and relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and property development, and to carry out the purpose, intent, and requirements of Chapter 17.620 of the Development Code and the proposed General Commercial (CG) Zone, including prescribed development standards and applicable design guidelines, except those provisions modified by in compliance with Chapter 17.620; and (4) Ensures compatibility of property uses within the zone and general neighborhood of the proposed development. b. The Site Plan and Design Review (SPDR) 16-7 ensures the Project will: (1) Be in compliance with all of the applicable criteria identified in Subparagraph 17.630.040.C.5 of the Development Code; and (2) Be in keeping with the character of the neighborhood, in terms of the structures general appearance; and (3) Not be detrimental to the harmonious and orderly growth of the City. c. Regarding Minor Use Permits (MUP) 16-2, (MUP) 16-3, and (MUP) 16-4: (1) The proposed uses are consistent with the proposed General Plan; and (2) The proposed uses are allowed within the General Commercial (CG)Zone and comply with all applicable provisions of the Development Code and Municipal Code as adjusted under PDP Case 18-1; and (3) The design, location, size, and operating characteristics of the proposed activities are compatible with the existing and future land uses in the vicinity; and (4) The Subject Site is physically suitable in terms of: (a) Its design, locations, shape, size, and operating characteristics of the proposed uses; (b) The provision of public and emergency vehicle access; (c) Public protection services; (d) The provision of utilities. d. Regarding Tentative Parcel Map 37099: (1) The proposed division of land is consistent with the Community Commercial (CC) designation of the General Plan; (2) The design and improvement of the proposed division of land is consistent with the Community Commercial (CC) designation of the General Plan; (3) The site of the proposed division of land its physically suitable for the proposed design of the development because it meets the development standards of the proposed General Commercial (CG) Zone; (4) The site of the proposed division of land is physically suitable for the proposed density of the development to serve commercial and residential uses as set forth by the proposed General Commercial (CG) Zone, Planned Development Permit 18-1, and Minor Use Permit 16-2; (5) The design of the proposed division of land and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat as set forth under the Conditions of Approval and the Mitigation Monitoring and Reporting Program; (6) The design of the proposed division of land and the type of improvements are not likely to cause serious public health problems because, and comply with the provisions of the City's Subdivision Ordinance; (7) Subject to the right-of-way requirements addressed under the Conditions of Approval, the design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed division of land. e. With implementation of the recommended conditions of approval, the site will not adversely affect the public convenience, health, interest,safety, or general welfare, or constitute a nuisance, or be materially injurious to the improvements, persons, property, and uses in the vicinity and zone in which the property is located. f. The applicant has agreed in writing to comply with any and all of the conditions imposed by the City in the Combined Conditions of Approval. g. In addition to the above, the City Council incorporates herein by reference, affirms and independently makes all findings made by the Planning Commission as set forth in Planning Commission Resolution No. 19-05. Section 3. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the nature and extent of all dedications, reservations, impact fees, and other exactions are roughly proportionate to the impacts created by the use of the Subject Site as permitted by the Planned Development Permit,the Site Plan and Development Review, and the Minor Use Permits. Section 4. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the Project will comply with CEQA for the following reasons: a. Based upon the information contained in the Initial Study and pursuant to the requirements of CEQA; it has been determined that this Project, with the incorporation of mitigation measures, will not have a significant impact on the environment. The mitigation measures required to reduce or mitigate the impacts of this Project on the environment are included in the Project design and/or the Mitigation Monitoring Program and are included as part of the Mitigated Negative Declaration for this Project. Section S. Effective Date.This resolution shall become effective on the date on which Ordinance 19-09 For Change of Zone 16-01 becomes effective. Section b.CEQA. The requirements of the California Environmental Quality Act have been satisfied in that an Initial Study and Mitigated Negative Declaration (together, "IS/MND") were prepared for the Project, including the General Plan Amendment, Zone Change, and Project and the City Council adopted the MND and the related Mitigation Monitoring and Reporting Program. Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on the 16th day of April 2019 by the following vote: AYES: Kotyuk, Lopez, Utz NAYS: None ABSENT: Ledezma, Ruiz ABSTAIN: None CITY OF SAN JACINTO: Russell Utz, r ATTEST: nWalton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Michael J. Maurer, City Attorney CERTIFICATION State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3753 was duly passed, and adopted at a regular meeting of the City Council of the City of San Jacinto on the 16th day of April 2019 by the following vote: AYES: Kotyuk, Lopez, Utz NAYS: None ABSENT: Ledezma, Ruiz ABSTAIN: None Witness my hand and seal the 16th day of April 2019. 4 I'd A( A Vfan a on, City Clerk City Jacinto