FINDINGS OF FACT
Kirby 2 Community (P22-110)
SUBDIVISION FINDINGS
1. THE PROPOSED SUBDIVISION OF LAND HAS BEEN FOUND TO BE
CONSISTENT WITH THE DEVELOPMENT CODE, GENERAL PLAN, AND THE SAN JACINTO MUNICIPAL CODE.
The proposed tract map (TTM38509) is consistent with the San Jacinto Municipal Code as it was reviewed in accordance with applicable Titles, including Title 16 & 17. Specifically, TTM38509 is consistent with the allowed land use and Density Requirement of the RM zone of the Development Code as discussed within the Staff Report and furthers the intent of the General Plan by facilitating residential development as planned within the Medium Density Residential Land Use Designation. In addition, the Project implements the following General Plan goals and policies:
LU-1.1 Land Use Pattern.
Promote an appropriate land use plan that fosters and enhances community livability and public health; sustains economic vitality; promotes efficient development and multiple transportation options; reduces pollution, greenhouse gas emissions, and the expenditure of energy and other resources; and ensures compatibility between uses consistent with the land use designations identified in this Element and Land Use Map (LU-2).
Finding: The proposed subdivision enhances the community livability and public health, sustains economic vitality through the incorporation of air quality, and energy efficient design, promotes multiple transporation options through the use of TDA's, and complies with greenhouse gas emission reduction standards and other energy resources as anlazyed in the enviornmental document. Furthermore, the use is consistent with the RM GP Designation.
LU-2.1: Plan for New Development.
Ensure that new development corresponds to the provision of infrastructure, public services, and community facilities, and that new development funds and constructs its fair share of improvements in accordance with City requirements.
Finding: The project would include its fair share of improvements in accordance with City requirements. Project fair share contributions are discussed in Section 4.17, Transportation.
LU-2.2: Infill Development.
Encourage new development to occur in infill locations in a balanced and efficient pattern that reduces sprawl, preserves open space, and creates convenient connections to other land uses and activity centers.
Finding:
LU-3.2 Residential Uses
Require that new residential development be designed to protect residents from potential conflicts with adjacent land uses, and other features including rail corridors, and high-volume roadways
Finding: The proposed project is surrounded by single-family housing subdivisions on three sides, and an existing church to the east. The project does not conflict with rail corridors or high-value roadways.
ED-7.6 Monitor New Development
Monitor fiscal implications of new development and consider strategies that ensure new development adequately and fairly mitigates impacts on City infrastructure and services costs.
Finding: The proposed project mitigates impacts on City infrastructure to less than significant. As discussed in Section 4.15, Public Services, coordination with local facilities transpired to ensure the project would not impact facilities or operations.
Policy M-1.1: Balanced Circulation System.
Provide a balanced circulation system that promotes the safe and efficient movement of people and goods throughout the City.
Finding: Proposed roadways, and sidewalks are designed and will be constructed to meet City of San Jacinto roadway standards to maintain the safe and efficient movement of people and goods.
2. THE TENTATIVE MAP DOES NOT PROPOSE TO DIVIDE LAND, WHICH IS
SUBJECT TO A CONTRACT ENTERED INTO PURSUANT TO THE
CALIFORNIA LAND CONSERVATION ACT OF 1965, OR THE LAND IS
SUBJECT TO A LAND CONSERVATION ACT CONTRACT BUT THE
RESULTING PARCELS FOLLOWING DIVISION OF THE LAND WILL BE OF AN ADEQUATE SIZE to sustain their agricultural use.
The project site is not subject to a contract pursuant to the California Land Conservation Act of 1965 as detailed in the analysis completed through an Initial Study/Mitigated Negative Declaration.
3. THE SITE IS PHYSICALLY SUITABLE FOR THE TYPE AND PROPOSED DENSITY OF DEVELOPMENT PROPOSED BY THE TENTATIVE MAP.
The Project proposes to subdivide a 4.51-acre lot into 27 single-family lots for residential use. This type of use is allowed by the Residential, Medium Density (RM) zone. In addition, the subdivision is consistent with the density range of the RM Land Use Designation at 6 unit per acre, which exceeds the minimum density requirement of 5 units per acre. Furthermore, the proposed subdivision will be an expansion of the existing residential use located to the north.
The ultimate development of the project will be served by existing facilities such as sewer, water, natural gas, and electricity that are available within adjacent roadways. The site is in close proximity to various parks and will have access to a park under construction in Phase 1.
4. THE DESIGN OF THE SUBDIVISION AND THE PROPOSED
IMPROVEMENTS, WITH CONDITIONS OF APPROVAL, ARE EITHER:
a. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or The subdivision was reviewed and preliminarily approved by the City Engineer. The project will be appropriately conditioned to not cause environmental damage and to avoid injuring fish and wildlife habitat.
Furthermore, a biological study was prepared for the project and did not recommend mitigation measures to mitigate potentially significant issues to the environment or fish and wildlife habitat.
b. AN ENVIRONMENTAL IMPACT REPORT UNDER WHICH A FINDING
HAS BEEN MADE PURSUANT TO PUBLIC RESOURCES CODE
SECTION 21081(A)(3) THAT SPECIFIC ECONOMIC, SOCIAL, OR
OTHER CONSIDERATIONS MAKE INFEASIBLE MITIGATION
MEASURES OR PROJECT ALTERNATIVES IDENTIFIED IN THE
ENVIRONMENTAL IMPACT REPORT.
The project’s impacts were not significant enough to require the preparation of an environmental impact report. A Notice of Exemption analysis was prepared for the Project to assess any significant environmental impacts, and it was determined that a Categorical Exemption was the appropriate level of environmental document.
Therefore, findings pursuant to Public Resources Code Section 21081(a)(3) are not necessary.
5. THE DESIGN OF THE SUBDIVISION OF LAND AND THE TYPE OF
IMPROVEMENTS ARE NOT LIKELY TO CAUSE SERIOUS PUBLIC
HEALTH PROBLEMS.
The implementation of the proposed conditions will ensure that the Project will not be detrimental to the public interest, health, safety, convenience, or welfare of the City or the future residents of the development. As previously mentioned, environmental studies were prepared for the proposed subdivision, which analyzed items that can cause public health problems such as Air Quality, and Green House Gas emissions during construction, and It was determined through by staff through the incorporation of conditions that no impacts to public health exist.
6. THE DESIGN OF THE SUBDIVISION PROVIDES FOR FUTURE PASSIVE
OR NATURAL HEATING OR COOLING OPPORTUNITIES IN THE
SUBDIVISION TO THE EXTENT FEASIBLE.
The design of the subdivision will provide for future passive cooling opportunities with the implementation of the building setbacks, impervious surface requirements, landscaping requirements, including required street trees, and open space areas.
7. THE DESIGN OF THE SUBDIVISION AND 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 SUBDIVISION, OR THE DESIGN OF THE ALTERNATE
EASEMENTS WHICH ARE SUBSTANTIALLY EQUIVALENT TO THOSE
PREVIOUSLY ACQUIRED BY THE PUBLIC WILL BE PROVIDED.
The site does not conflict with existing easements. The Tract Map is designed and conditioned to ensure the project will not conflict with existing easements.
8. THE SUBDIVISION IS CONSISTENT WITH THE CITY’S PARKLAND
DEDICATION REQUIREMENTS (PER THE QUIMBY ACT), AS
APPLICABLE, IN ACCORDANCE WITH CHAPTER 16.75 (PARKLAND
DEDICATION AND FEES).
Prior to recordation of the proposed subdivision, the applicant / developer must pay in-lieu fees for parkland. The proposed development is within close proximity of existing parks. Therefore, it was determined that in-lieu fees are appropriate for the project, which will be incorporated in the project’s conditions of approval.
PLANNED DEVELOPMENT PERMIT FINDINGS
1. THE PLANNED DEVELOPMENT PERMIT WILL:
a. BE ALLOWED WITHIN THE SUBJECT BASE ZONE.
The Project site is within the Residential Medium Density Zone (RM). The RM zone is applied to areas appropriate for neighborhoods with a variety of housing types, including the proposed single-family residential community. This zone allows a density ranging from 5 to 14 dwelling units per net acre, per Section
17.215.010 of the Development Code. The Project includes 27 single-family residential units on 4.51 acres. The proposed single-family residences are permitted within the RM zone per Section 17.205.070 of the Development, and the proposed density of the project totals 6.0 dwelling units per net acre, which is consistent with the density requirement for the RM zone. Therefore, the Planned Development Permit is found to be allowed within the subject base zone. b. BE CONSISTENT WITH THE PURPOSE, INTENT, GOALS, POLICIES,
ACTIONS, AND LAND USE DESIGNATIONS OF THE GENERAL PLAN AND ANY APPLICABLE SPECIFIC PLAN.
The Project site is designated as Medium Density Residential (MDR) and is not located within a specific plan area. The Medium Density Residential land use designation allows for a range of housing types including single-family attached and detached units, condominiums, townhouses, and mobile home parks, as well as multiple-family dwellings such as apartments, and senior housing at a density of between 5 and 14 dwelling units per gross acre. The Project is able to achieve the purpose, intent, goals, policies, and actions General Plan through the use of the proposed Planned Development Permit development standards. The project proposes 27 lots with a lot sizes between 3,300 square feet and 5,000 square feet, and a density of 6.0 dwelling units per acre. Therefore, the Project is found to be consistent with the purpose, intent, goals, policies, actions, and land use designation of the General Plan.
c. BE GENERALLY IN COMPLIANCE WITH ALL OF THE APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE RELATING TO BOTH ONSITE 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 THIS CHAPTER AND THE SUBJECT BASE ZONE,
INCLUDING PRESCRIBED DEVELOPMENT STANDARDS AND
APPLICABLE DESIGN GUIDELINES, EXCEPT FOR THOSE PROVISIONS MODIFIED IN COMPLIANCE WITH THIS CHAPTER.
The Project is compliant with the provisions of the Development Code relating to on-site and off-site improvements. The conditions of approval will require curb, gutter and sidewalk along the west side of Kirby Avenue, the north site of Esplanade Avenue, and along all proposed streets within the development.
Additionally, the Project will be conditioned to complete drainage improvements, a water quality detention basin.
The modified development standards proposed within the PDP for the Project allows for flexibility in site planning and property development, while still upholding the intentions and goals of the Development Code by creating a cohesive neighborhood community and will match the design and layout of the first Phase (Kirby 1) of development. Therefore, the Project is found to be compliant with all the applicable provisions of the development code relating to both on-site and offsite improvements. d. ENSURE COMPATIBILITY OF PROPERTY USES WITHIN THE ZONE AND GENERAL NEIGHBORHOOD OF THE PROPOSED DEVELOPMENT.
The Project will include single-family residential uses and complementary recreational areas. The combination of uses is generally considered compatible and will create a cohesive residential neighborhood.
The surrounding land uses designations include properties designated Medium Density Residential, and Low Density Residential and therefore the development surrounding the Project Site is similar in character, land use, and density as the Project, and there is found to have compatible property uses within the zone and in the general neighborhood of the proposed development.
2. THE PROPOSED PROJECT WILL PRODUCE A COMPREHENSIVE
DEVELOPMENT OF SUPERIOR QUALITY AND EXCELLENCE OF DESIGN (E.G.,
APPROPRIATE VARIETY OF STRUCTURE PLACEMENT AND ORIENTATION
OPPORTUNITIES, APPROPRIATE MIX OF STRUCTURE SIZES, HIGH QUALITY
ARCHITECTURAL DESIGN, SIGNIFICANTLY INCREASED AMOUNTS OF
LANDSCAPING AND IMPROVED OPEN SPACE, IMPROVED SOLUTIONS TO THE
DESIGN AND PLACEMENT OF PARKING AND LOADING FACILITIES, INCORPORATION OF A PROGRAM OF HIGHLY ENHANCED AMENITIES [E.G., ADDITIONAL PUBLIC ART], LEED OR OTHER “GREEN” RELATED STANDARDS, ETC.) THAN MIGHT OTHERWISE OCCUR FROM MORE TYPICAL DEVELOPMENT APPLICATIONS.
The Planned Development Permit will produce a development of superior quality and excellence of design through a variety of proposed attributes. Site design enhancements include the incorporation of enhanced landscaping and screening along Esplanade and Kirby Avenue that will be complemented with vines. In addition, the site design encourages pedestrian mobility and safe routes to schools.
Additionally, the architectural plans proposed for the homes exceed the minimum requirements of the Development Code. The Planned Development Permit includes three floor plans that include one- and two-story homes. The proposed homes include enhancements such as windows with vinyl grids, simulated wood shutters, siding and stucco finishes.
3. PROPER STANDARDS AND CONDITIONS HAVE BEEN IMPOSED TO ENSURE THE PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND WELFARE.
Through the adoption of Conditions of Approval for the Project, any significant hazard to the public or the environment through the conversion of the site to residential uses will be significantly reduced to create a safe, healthy environment. Additionally, plans for the proposed residential development will be required to be submitted and approved through the Site Plan and Design Review process. Additionally, the Fire and Building Codes will ensure that that the development of the project will meet safety standards in these documents. Therefore, it is found that with the incorporation of the above-mentioned Conditions of Approval, and the requirements of the Development, Fire, and Building Codes the protection of the public health, safety and welfare is assured.
4. PROPER ON-SITE TRAFFIC CIRCULATION (E.G., PEDESTRIAN AND VEHICULAR)
AND CONTROL IS DESIGNED INTO THE DEVELOPMENT TO ENSURE
PROTECTION FOR FIRE SUPPRESSION AND POLICE SURVEILLANCE EQUAL
TO OR BETTER THAN WHAT WOULD NORMALLY BE CREATED BY
COMPLIANCE WITH THE MINIMUM SETBACK AND PARCEL WIDTH STANDARDS IDENTIFIED IN ARTICLE 2 (ZONES, ALLOWABLE LAND USES, AND ZONE SPECIFIC STANDARDS).
The proposed Planned Development Permit has been designed to accommodate traffic design criteria as mandated by the Municipal Code, as well as the requirements of the City Engineer, Fire Chief, and Police Chief. Therefore, the project has proper on-site traffic circulation for both pedestrian and vehicular traffic control. In addition, the conditions of approval will ensure the project is consistent with the Fire Code ensuring fire suppression.
5. THE SUBJECT PARCEL IS ADEQUATE IN TERMS OF SIZE, SHAPE,
TOPOGRAPHY, AND CIRCUMSTANCES TO ACCOMMODATE THE PROPOSED DEVELOPMENT.
The proposed Project Site is generally flat and is shaped to accommodate a proper lot layout. The proposed Project will meet the purpose and intent of the Medium Density Residential (MDR) General Plan land use designation as noted above by modifying the development standards to accommodate a 6.0 dwelling unit per acre development.
Therefore, the subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development.
6. ADEQUATE PUBLIC SERVICES AND FACILITIES EXIST, OR WILL BE PROVIDED,
IN COMPLIANCE WITH THE CONDITIONS OF APPROVAL, TO SERVE THE
PROPOSED DEVELOPMENT AND THE APPROVAL OF THE PROPOSED
DEVELOPMENT WILL NOT RESULT IN A REDUCTION OF PUBLIC SERVICES TO
PROPERTIES IN THE VICINITY TO BE A DETRIMENT TO PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
Adequate private utility services such as Electricity, Gas, Cable, and Phone Service already exist in the area and application and fees will be paid to each purveyor for service. The proposed Project will tie into an existing Eastern Municipal Water District (EMWD) line. The EMWD’s “Will Serve” letter states the EMWD is willing to provide water service to the Project subject to its design requirements, permitting process, and fees.
Wastewater treatment will be also handled by the City of San Jacinto under contract to EMWD. The City’s “Will Serve” letter states the City can provide adequate service to the Project.
7. THE PROPOSED DEVELOPMENT, AS CONDITIONED, WILL NOT HAVE A
SUBSTANTIAL ADVERSE EFFECT ON SURROUNDING PROPERTY OR THEIR ALLOWED USE.
The proposed project will not have any adverse impacts to the surrounding as proposed. The project was conditioned to prevent nuisances to surrounding property owners to prevent excessive noise, light, and traffic. Based on the above, Standard Conditions of Approval, and the Uniform Fire and Building Codes there will not be adverse impacts from the proposed development.
8. IF THE DEVELOPMENT PROPOSES TO MIX RESIDENTIAL AND COMMERCIAL
USES WHETHER DONE IN A VERTICAL OR HORIZONTAL MANNER, THE
RESIDENTIAL USE IS DESIGNED IN A MANNER THAT IT IS APPROPRIATELY
BUFFERED FROM THE COMMERCIAL USE AND IS PROVIDED SUFFICIENTLY
ENHANCED AMENITIES TO CREATE A COMFORTABLE AND HEALTHY
RESIDENTIAL ENVIRONMENT AND TO PROVIDE A POSITIVE QUALITY OF LIFE FOR THE RESIDENTS. THE ENHANCED AMENITIES MAY INCLUDE ADDITIONAL
LANDSCAPING, ADDITIONAL PRIVATE OPEN SPACE, PRIVATE OR SEPARATED ENTRANCES, ETC.
The Project does not propose a mix of residential and commercial uses as the project does not include Commercial uses.
9. THE DESIGN, LOCATION, OPERATING CHARACTERISTICS, AND SIZE OF THE
PROPOSED DEVELOPMENT WILL BE COMPATIBLE WITH THE EXISTING AND
FUTURE LAND USES IN THE VICINITY, IN TERMS OF AESTHETIC VALUES, CHARACTER, SCALE, AND VIEW PROTECTION.
This project will have the appropriate buffers such as exterior walls and perimeter landscaping to ensure that it will be compatible with the surrounding land uses.
10.THE APPLICANT AGREES IN WRITING TO COMPLY WITH ANY AND ALL OF THE
CONDITIONS IMPOSED BY THE REVIEW AUTHORITY IN THE APPROVAL OF THE PLANNED DEVELOPMENT PERMIT.
The Applicant has agreed with all the conditions imposed by the review authority prior to the issuance of any permits or recordation of any documents.