Ordinance 18-01ORDINANCE NO. 2018-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, AMENDING THE ZONING CODE TO CHANGE CERTAIN
PERMITTED USES IN TABLE 3.3-1: USE MATRIX FOR COMMERCIAL, BUSINESS
PARK, AND SPECIAL PURPOSE ZONES, SPECIFICALLY, TO ADD "CAR WASHES"
AND "GASOLINE SERVICE STATIONS" TO THE USES WHICH CAN TAKE PLACE
IN THE INDUSTRIAL PARK (I -P) ZONING DISTRICT, WITH APPROVAL OF A
CONDITIONAL USE PERMIT AND TO CHANGE "DRIVE-IN OR DRIVE THROUGH
OPERATIONS OR FACILITIES" FROM PERMITTED TO CONDITIONALLY
PERMITTED IN THE I -P ZONING DISTRICT.
The City Council of the City of Eastvale does hereby ordain as follows:
SECTION 1. The Zoning Code Amendment is subject to the California Environmental Quality
Act (CEQA).
Finding 1: The proposed Amendment to the Eastvale Zoning Code is not subject to the
California Environmental Quality Act (CEQA), based on CEQA Guidelines Section 15378.
Evidence: The proposed amendment would not result in direct or indirect physical impacts to the
environment. In addition, indirect impacts would be speculative given that future locations of
projects are not known. Future development proposing "Car Washes" and/or "Gasoline Service
Stations" within the I -P zone would be subject to a Conditional Use Permit (CUP), and would be
considered a project under CEQA. The consideration of an application for a CUP is considered a
discretionary action, and requires a project -level analysis as a part of the application process.
SECTION 2. Pursuant to the City of Eastvale Zoning Code, the City Council hereby makes the
findings below pertaining to the Zoning Code Amendment to add conditionally permitted uses to
Table 3.3-1 for I -P zoning district.
Finding 1: The proposed Zoning Code Amendment is consistent with the goals, policies, and
objectives of the General Plan.
Evidence: The proposed amendment to modify the permitted uses in Table 3.3-1 of the Eastvale
Zoning Code are consistent with the General Plan. Allowing car wash facilities and gas stations
with approval of a CUP in I -P zoning district is consistent with Light Industrial and Business
Park land use designations. Both land use designations allow a wide variety of industrial and
related uses, including assembly and light manufacturing, repair and other service facilities,
warehousing, distribution centers, and supporting retail uses. Car and truck wash facilities and
gas stations are considered retail and service uses that are similar to other supporting retail uses
allowed Light Industrial and Business Park land use designations. Therefore, the proposed uses
are consistent with the General Plan.
In addition, changing the permitting requirement for a drive-in/drive-through facility in I -P
zoning district from permitted to conditionally permit is consistent with other zones that
currently allow drive-in/drive-through facilities.
Requiring a CUP for all three uses is appropriate because it gives the Planning Commission an
ability to determine whether the use is appropriate in a given location on a case-by-case basis to
ensure compatibility with surrounding land uses and promotes the goals and policies of the
General Plan. This is also consistent with the practice for drive-through operations in all
commercial zones.
Finding 2: The proposed Change of Zone does not affect laird within the Chino Airport Land
Use Compatibility Plan.
Evidence: The Riverside County Airport Land Use Commission (ALUC) has been asked to
review the proposed changes. The proposed Change of Zone is consistent with the Chino Airport
Land Use Compatibility Plan based on the staff report from ALUC.
SECTION 3. The City Council hereby adopts the Zoning Code Amendment to change certain
permitted uses in Table 3.3-1 of the Eastvale Zoning Code as shown in Exhibit "A" attached
hereto.
SECTION 4. This ordinance shall take effect and be in full force and operation thirty (30) days
atter adoption.
SECTION 5. 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 would have adopted this ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 6. 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 14`" day of February 2018.
Clint Lorimore, Mayor
Approved as to form:
Su ai nyant, interimit, Attorney
Attest: /
Steven D. Aguilar, Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE
1, Steven Aguilar, Assistant City Clerk of the City of Eastvale, do hereby certify that the
foregoing Ordinance Number 2018-01 was introduced at a regular meeting of the City Council of
the City of Eastvale held on the 24£x' day of January 2018, and was passed by the City Council of
the City of Eastvale at its regular meeting held on the 14`x' day of February, 2018, by the
following called vote:
AYES: Council Members Tessari, Rush, Plott, Mayor Pro Tern Rigby, Mayor Loriiiiore
NOES: None
ABSENT: None
ABSTAIN`: None
Steven Agudaa ssistant City Clerk