Ordinance 17-02ORDINANCE NO. 2017-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA APPROVING CHANGE OF ZONE NO. 12-0051 TO AMEND THE
OFFICIAL ZONING MAP FROM MANUFACTURING -SERVICE COMMERCIAL (M-
SC) TO GENERAL COMMERCIAL (C -1/C -P) FOR THE EASTERN PORTION,
APPROXIMATELY 12.8 ACRES OF THE REAL PROPERTY OF APPROXIMATELY
24.78 ACRES LOCATED ON THE SOUTHEAST CORNER OF LIMONITE AVENUE
AND ARCHIBALD AVENUE, ASSESSOR'S PARCEL NUMBER 144-030-039
The City Council of the City of Eastvale does hereby ordain as follows:
SECTION 1. The proposed project is subject to the California Environmental Quality Act
(CEQA).
Finding 1: The proposed project requires the adoption and certification of an Environmental
Impact Report (EIR) pursuant to Section 15090 of the CEQA Guidelines.
Evidence: On April 26, 2017, the City Council of the City of Eastvale conducted a duly noticed
public hearing, at which time it received public testimony concerning the Final EIR (SCH No.
201 501 1 020) that was prepared for Project No. 12-0051 for the development of an
approximately 192,000 -square foot Walmart Store, certified the FEIR, and adopted a Statement
of Overriding Considerations and Mitigation Monitoring and Reporting Program for Project No.
12-0051 pursuant to Sections 15093 and 15097 (Article 7) of CEQA. Project No. 12-0051
consists of a General Plan Amendment, Change of Zone, Major Development Review,
Conditional Use Permits for drive-throughs and alcohol sales, Tentative Tract Map No. 35061,
and a Variance for the real property of approximately 24.78 acres located at the southeast corner
of Limonite Avenue and Archibald Avenue, Assessor's Parcel Number 144-030-039.
SECTION 2. The project is found to be consistent with the MSHCP.
Finding 1: The project is located outside of any MSHCP criteria area and mitigation is provided
through payment of the MSHCP Mitigation Fee.
SECTION 3. Pursuant to Section 1.7 of the City of Eastvale Zoning Code, the City Council
makes the finding below pertaining to Change of Zone No. 12-0051:
Finding 1: The changes are consistent with the General Plan goals, policies, and implementation
programs.
Evidence: The proposed Change of Zone for the eastern half of the project site from
Manufacturing -Service Commercial to General Commercial zoning is consistent with the
proposed General Plan land use designation of Commercial Retail. The General Commercial
zoning permits a variety of commercial retail uses such as grocery stores, fast-food restaurants,
banks, tire stores, and other retail establishments, which is consistent with the Commercial Retail
land use designation that allows for the development of commercial retail uses.
Finding 2: The amendment is consistent with the most recent adopted version of the Chino
Airport Land Use Compatibility Plan.
Evidence: The Airport Land Use Compatibility Plan shows that the project is located in Zones C
and D, which prohibits highly noise -sensitive outdoor nonresidential uses, discourages schools,
hospitals, and nursing homes, and requires airspace review for structures higher than 70 feet. The
proposed project does not involve development of prohibited or discouraged uses in these zones.
The proposed building has been designed to not exceed 35 feet in height and the intensity of the
project is within the maximum intensity allowed in both zones. Additionally, the project site plan
has been reviewed and determined by the Riverside County Airport Land Use Commission to be
consistent with average intensity allowed in both Zones C and D. Thus, the project is consistent
with the policies of the City of Eastvale General Plan and the Airport Land Use Compatibility
Plan.
SECTION 4. The Official Zoning Map for the City of Eastvale is hereby amended to
change the zoning from Manufacturing -Service Commercial (MS -C) to General
Commercial (C -1/C -P) zone for the eastern portion (12.8 acres) of the project site located at
the southeast corner of Limonite Avenue and Archibald Avenue, Assessor's Parcel Number
X144-030-039, as described and illustrated in Exhibit A attached hereto.
SECTION 5. This Ordinance shall take effect and be in full force and operation thirty (30)
days after adoption.
SECTION 6. If any section, subsection, subdivision, sentence, clause, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the ordinance. The City Council hereby declares that it have adopted this
ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or moresections, subsections, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional
SECTION 7. The City Clerk shall certify to the adoption of this ordinance and shall cause the
same to be published in accordance with law.
PASSED, APPROVED, AND ORDAINED this 10`x' day of May 2017.
Approved as to form:
Clint Lorimore; Mayor Pro Tern
Attest:
j
Steven D. Aguilar, ;A,sist it City Clerk
STATE, OF CALIFORNIA )
COUNTY OF RIVERSIDE } t
CITY OF EASTVALE )
I, Steven D. Aguilar, Assistant City Clerk ofthe City of Eastvale. do hereby certify that the
foregoing Ordinance Number 2017-02 was introduced at a regular meeting of the City Council of
the City of Eastvale held on the 26°i day of April, 2017, and was passed by the City Council of
the City of Eastvale at its regular meeting held on the 10°i day of May. 2017, by the following
called vote:
AYES: Council Members Rush, Plott, Riaby. ,Mayor Pro Tem Lorimore
NOES: None
ABSENT": Mayor Tessari
ABSTAIN: None
Steven D. A
gtii� ,.Ssi ant City Clerk
EXfl1131T A
Exhibit for Change of Zane rico. 12-001