Ordinance 18-02ORDINANCE NO. 2018-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, ADOPTING A CHANGE OF ZONE FROM SCENIC HIGHWAY
COMMERCIAL (C -P -S) TO MANUFACTURING MEDIUM (M -M) OF AN
APPROXIMATELY 12.5 -ACRE SITE LOCATED ON THE NORTHEAST CORNER OF
SOUTH MILLIKEN AVENUE AND THE 60 FREEWAY OFF -RAMP, ASSESSOR'S
PARCEL NUMBER 156-030-001.
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: The proposed project requires the adoption of a Mitigated Negative Declaration
pursuant to Section 15074 (Article 6) of the CEQA Guidelines.
Evidence: The City Council, in light of the whole record before it, including but not limited to
the City's local CEQA Guidelines and Thresholds of Significance, the proposed Mitigated
Negative Declaration, and documents incorporated therein by reference, any comments received
during the public review process, any responses provided, and other substantial evidence (within
the meaning of Public Resources Code Sections 21080(e) and 21082.2) within the record and/or
provided at the public hearing, hereby finds and determines as follows:
Review Period: That the City has provided the public review period for the Mitigated
Negative Declaration for the duration required under CEQA Guidelines Sections 15073 and
15105.
Compliance with Law: That the Mitigated Negative Declaration was prepared, processed,
and noticed in accordance with the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.), the CEQA Guidelines (14 California Code of Regulations
Section 15000 et seq.), and the local CEQA Guidelines and Thresholds of Significance
adopted by the City of Eastvale.
Independent Judgment: That the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City of Eastvale.
Mitigation Monitoring and Reporting Program: A mitigation Monitoring and Reporting was
prepared in support of the Mitigated Negative Declaration document. The Mitigation
Monitoring and Reporting Program would insure compliance with all required mitigation
during project implementation. All mitigation measures included in the Mitigation
Monitoring and Reporting Program are also included in the project Conditions of Approval
and are fully enforceable through project permit conditions, agreements and other measures
as required by Public Resources Code Section 21081.6.
No Significant Effect: That revisions to the project plans agreed to by the applicant and
mitigation measures imposed as conditions of approval for the project mitigation any
potentially significant impacts to less than significant impacts for all applicable thresholds of
significance. Therefore, the project submitted by the does not result in any potential
significant effects on the environment as identified in the Mitigated Negative Declaration.
Therefore, the City Council finds that there is no substantial evidence, in light of the whole
record, that the project will have a significant effect on the environment.
SECTION 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Finding: The project is found to be consistent with the MSHCP.
Evidence: A project specific Biological Resources Assessment was completed for the project
site, and noted that the site is within a MSHCP criteria cell and is considered suitable habitat for
Delhi sand fly, and burrowing owl. Surveys were completed for each of the species, pursuant to
the requirements in the MSHCP and mitigation was proposed. Mitigation includes migratory bird
clearance surveys, burrowing owl preconstruction surveys, and focused surveys for Delhi Sands
flower -loving fly. In the event that any of the surveys result in the observance of any of the
above listed species, additional mitigation has been provided consistent with the MCHSP. As
such, the project is consistent with the requirements outlined in the MSHCP and mitigation is
provided through payment of the MSHCP Mitigation Fee.
SECTION 3. FINDINGS FOR CHANGE OF ZONE
Pursuant to the City of Eastvale Zoning Code, the City Council makes the finding below
pertaining to Change of Zone No. 17-20013.
Finding l: Zoning amendments shall be granted only when the City Council finds that the
changes are consistent with the General Plan goals. policies. and implementation programs.
Evidence: The current zoning is Scenic Highway Commercial (C -P -S). The proposed zoning is
Manufacturing -Medium (M -M), which allows the development of a variety of industrial and
manufacturing uses. The proposed Change of Zone from C -P -S to M -M for the subject parcel
would be consistent with the small adjacent parcel (approximately 3.3 acres) which is part of a
development project for a warehouse building and associated parking and site improvements on
the subject parcel and the adjacent small parcel. The Change of Zone would make the proposed
zoning consistent with the proposed General Plan Amendment, result in the project site for the
proposed warehouse building zoned M -M, and consistent with existing nearby light industrial
uses.
The City's General Plan notes that the least -represented land uses in the City include service and
manufacturing industries (Commercial Retail and Light Industrial land uses), which represent
approximately 11 -percent of the City's land use. However, the City is continually seeking
opportunities for additional City revenues through the creation of job -and revenue -generating
land uses. The proposed the Change of Zone would promote the following General Plan policies.
Land Use Element
Policy LU -23 Provide sufficient commercial and industrial development opportunities in order
to increase local employment levels and reduce vehicle trips.
Policy LU -29 Employment and service uses should be located in areas that are easily
accessible to existing or planned transportation facilities.
Policy LU -34 Industrial and business park uses should be located near transportation facilities
and utilities, and near transit opportunities.
Economic: Development Element
Policy ED -3 The City will actively encourage and support the location of employment and
revenue generating businesses that support the City's overall vision for its
future.
The Change of Zone would allow the development of light industrial uses that would generate
employment opportunities. Therefore, the preferred use for this project site is light industrial,
which would be consistent with the surrounding uses. As such, the project is consistent with the
General Plan.
SECTION 4. The Official Zoning Map for the City ol'Eastvalc is hereby amended to change the
zoning of Assessor's Parcel Number 156-OJO-001 from Scenic Highway Commercial (C -P -S) to
Manufacturing -Medium (M -iv) as illustrated in Exhibit -A- attached hereto.
SECTION 6. 'This ordinance shall take effect and be in full force and operation thirty (30) days
after adoption.
SECTION 7. if any section. subsection. subdivision, sentence, clause, or portion of this
ordinance is lot 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 gay one or more sections. subsections, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 8. 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 l I"' day of April. 2018,
Clint Lorimore, Mayor _
APPROVED AS TO FORM: ATTEST:
Erica Vega, Cityttor gaey Steven Aguilar, Assistant City Clerk
,_.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
1, Steven Aguilar, Assistant City Clerk of the City of Eastvale, California, do hereby certify that
the foregoing Ordinance No. 2018-02, was introduced at a regular meeting of the City Council
of the City of Eastvale held on the 28th day of March, 2018 and was passed by the City Council
of the City of Eastvale at a regular meeting held the 11 °i day of April, 2018, by the following
vote:
AYES: Council Members Plott Rush, Tessari, Mayor Pro Tem Rigby, Mayor Lorimore
NOES: None
ABSENT: None
ABSTAIN: Noire
� y
Steven Aguilar, Assistant City Cleric
EXHIBIT A
Change Of Zone
Existinci Zonina District Pro osod ZoninQ District