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Home My WebLink AboutResolution - 37810 STATE OF CALIFORNIA) RESOLUTION NO: 3781 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING SITE PLAN AND DESIGN REVIEW 17-17 FOR A COMMERCIAL CENTER, CONDITIONAL USE PERMIT CUP-17-09 TO PERMIT A SERVICE STATION WITH AN AUTOMATED CAR WASH AND A CONVENIENCE STORE WITH OFF - SALE GENERAL ALCOHOL LICENSE; MINOR USE PERMIT 17-09 TO PERMIT A FAST FOOD RESTAURANT WITH DRIVE -THROUGH, MINOR USE PERMIT 17-10 TO PERMIT A FAST FOOD RESTAURANT WITH DRIVE -THROUGH, MINOR USE PERMIT 17-11 TO EXCEED THE PARKING REQUIREMENTS BY 5%, VARIANCE 17-05 TO ALLOW 24 FUEL PUMPS; LOCATED ON THE WEST SIDE OF RAMONA EXPRESSWAY EXTENDING BETWEEN MAIN STREET AND DONNA WAY. WHEREAS, the Saboba Band of Luiseno Indians filed applications on November 21, 2017 and June 24, 2019: 1) Site Plan and Design Review (SPDR) 17-17; 2) Change of Zone (CZ) 17-05; 3) Conditional Use Permit (CUP) 17-09; 4) Variance (VAR) 17-05; 5) Minor Use Permit (MUP) 17-09; 6) Minor Use Permit (MUP) 17-10; 7) Minor Use Permit (MUP) 17-11; for Luiseno Village ("Applications"), located on the west side of Ramona Expressway extending between Main Street and Donna Way ("Subject Site"); WHEREAS, the Applications are proposed to develop the Luiseno Village Project as a commercial development with SPDR 17-17 for the review of the commercial center and overall site and building design of a 14,583 square foot retail building, CUP 17-09 to permit a service station with an automated car wash and a convenience store with an off -sale general alcohol license, MUP 17-09 to permit a fast food restaurant with a drive - through, MUP 17-10 to permit a fast food restaurant with a drive -through, MUP 17-11 to exceed the parking requirements by more than 5% and VAR 17-05 to allow 24 fuel pumps where a maximum of 15 are permitted by the Development Code ("Project") ; WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below: WHEREAS, on August 27, 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 the project was recommended for approval by the City Council; and WHEREAS, on September 17th and October 1st, 2019, October 15, 2019 and November 5, 2019 the City Council of the City of San Jacinto conducted duly noticed public hearings 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 IT 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, the recommendation of the Planning Commission and the findings made in this Resolution, the City Council hereby approves SPDR 17-17, CUP 17-09, MUP 17-09, MUP 17-10, MUP 17-11, and VAR 17-05, subject to the Findings of Fact and Conditions of Approval in the staff report. SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds: The proposed use will not be detrimental to surrounding properties and neighborhoods including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement, and damage to structures; • The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses; • The proposed use will not adversely affect the welfare of residents in the area or result in an undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. For purposes of this subparagraph, "undue concentration" shall be as defined in the Business and Professions Code Section 23958.4; • The proposed use is consistent with the General Plan and any applicable specific plan; • The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Development Code and the Municipal Code; • The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; • The site is physically suitable in terms of: • Its design, location, shape, size, and operating characteristics of the proposed use; The provision of public and emergency vehicle (e.g., fire and medical) access; • Public protection services (e.g., fire protection, police protection, etc.); and • The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; • The applicant agrees in writing to comply with any and all of the conditions imposed by the Approving Authority in the approval of the Conditional Use Permit. • The proposed use is consistent with the General Plan and any applicable specific plan. • The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Development Code and the Municipal Code. • The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. • There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; • Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification; • Approving the Variance would not constitute a grant of special privileges inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and • The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Application complies with CEQA for the following reasons: An environmental analysis has been conducted which evaluated information and impacts based on the specifics of this proposed project. This analysis determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and other effects will be mitigated to a level of less than significant impact. Therefore, a Mitigated Negative Declaration and its associated Mitigation Monitoring Plan is recommended. SECTION 4. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City Council based its decision is as follows: Planning Director, City of San Jacinto Planning Department, 595 S. San Jacinto Ave, San Jacinto, CA 92583. (909) 487-7330. SECTION 7. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 5th Day of November, 2019, by the following vote: AYES: Kotyuk, Ledezma, Lopez, Ruiz, Utz NAYS: None ABSENT: None ABSTAIN: None CITY OF SAN JACINTO: ATTEST: A g I alton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP IV//� / �/ Michael J. Maurer, City Attorney i11 State of California ) County of Riverside) ss City of San Jacinto) CERTIFICATION I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3781 was duly passed, approved and adopted at a regular meeting of the City Council of the City of San Jacinto on the 5th day of November 2019 by the following vote: AYES: Kotyuk, Ledezma, Lopez, Ruiz, Utz NAYS: None ABSENT: None ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL the 5th day of November 2019. la a on, City Clerk City San Jacinto !I