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Ordinance 18-07ORDINANCE NO. 2018-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA APPROVING CHANGE OF ZONE NO. PLN 17-200015 TO AMEND THE OFFICIAL ZONING MAP FROM WATERCOURSE, WATERSHED, AND CONSERVATION AREAS (W-1) AND RURAL RESIDENTIAL (R -R) TO GENERAL COMMERCIAL (C -1/C -P) FOR AN APPROXIMATELY 21.48 -ACRE SITE, A REAL PROPERTY LOCATED ON THE WEST SIDE OF HAMNER AVENUE AT THE T -INTERSECTION OF HAMNER AVENUE AND SCHLEISMAN ROAD, KNOWN AS THE "POLOPOLUS PROPERTY", ASSESSOR'S PARCEL NUMBERS 152-060-002 AND -003. 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 June 271, 2018, 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. 2017101024) that was prepared for Project No. PLN 17-20015 for the development of a new retail center and a future civic center, certified the FEIR, and adopted a Statement of Overriding Considerations and a Mitigation Monitoring and reporting Program for Project No. PLN17- 20015 pursuant to Sections 15093 and 15097 (Article 7) of CEQA. Project No. PLN17-20015 consists of a General Plan Amendment, Change of Zone, Major Development Review, Conditional Use Permits for drive-throughs and alcohol sales, and Tentative Tract Map No. 37492 for the real property of approximately 21.48 acres located on the west side of Hamner Avenue, at the T -intersection of Hamner Avenue and Schleisman Road, known as the "Polopolus Property", Assessor's Parcel Number's 152-060-002 and -003. SECTION 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN Findin f: The project is found to be consistent with the Multiple Species Habitat Conservation Plan (MSHCP). Evidence: The project site is located outside of any MSHCP criteria area, and mitigation is provided through payment of the MSHCP Mitigation Fee, as well as through biological resource mitigation measures included in the project Initial Study, including pre -constructions surveys for the project. 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. PLN 17-20015: Finding 1: 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 proposed Change of Zone of the project site from Watercourse, Watershed, and Conservation Areas (W-1) and Rural Residential (R -R) to General Commercial (C-I/C-P) zoning, which is consistent with the proposed General Plan land use designation of Commercial Retail. The C -1/C -P zoning permits a variety of commercial retail uses such as grocery stores, fast-food restaurants, banks, tire stores, and other retail establishments. The Change of Zone would make the proposed zoning consistent with the proposed General Plan Amendment, which would be compatible with the surrounding land uses because it would provide commercial/retail services for the surrounding residential developments in Eastvale and Norco, as well as the Silver Lakes Sports Complex. 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 C -I /C -P would allow for commercial retail uses that would further the City's goals of increasing retail sales tax revenues. Patrons coming to the site from inside and outside of Eastvale will help support the City's operations by generating sales tax revenues. Therefore, the proposed pro eet would promote policies in the General Plan, as listed below, that encourage more non-residential development opportunities and local employment Opportunities. Land (Ise Element URAL LU -2: A balance of land uses that maintains and enhances the City's fiscal viability', economic diversity, and environmental integrity and meets the needs of Eastvale's residents. 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. F''conomic Development htemenf 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. Finding 2: The amendment is consistent with the most recent adopted version of the Chino Airport Land Use Compatibility Plan. Evidence: The project site is not located within the Chino Airport Influence Area. Therefore, the project is not required further evaluation to demonstrate consistency with the Chino Airport Land Use Compatibility Plan, SECTION 4. The Official Zoning- Mali for the City of Eastvale is hereby amended to change the zoning from Watercourse. Watershed, acrd Conservation Areas (W-1) and Rural Residential (R -R) to General Commercial (C- LIQ' -P) for an approximately 21.48 -acre site located on the west side of Hamner Avenue. at the T -intersection of Hamner Avenue and Schleisman Road. known as the "Polopolus Property", Assessor's Parcel Number's 152-060-002 and -003, as described and illustrated in Exhibit A attached hereto. SECTION 5. This Ordinance shall take effect and be in hill 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 ofthe 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 fhct that any one or more sections, 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 ADOPTED this 11`x' day of July 2018. Clint Lorimore, Mayor APPROVED AS TO FORM: A [ TEST: Erica Vega, City Attq ne Steven j City erk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE § CITY OF EASTVALE 1, Steven D. Aguilar, City, Clerk of the City of Eastvale. Califomia, do hereby certify that the foregoing Ordinance No. 2018-07, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 27"' day of June, 2018 and was passed by the City Council of the City of Eastvale at a regular meeting held the I I "' clay of.fuly, 2018, by the following vote: AYES: Council Members Rush, Plott, Tessari, and Mayor Lorimore NOES: None ABSENT: Mayor Pro Tem Rigb\ ABSTAIN: None Steven Li -Aguilar, C:Mt City Clerk EA IIBIT n Change of Gone No. 1'LN17-20015