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Ordinance 21-07ORDINANCE NO. 21-07 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FROM LIGHT AGRICULTURE (A-1) TO GENERAL COMMERCIAL (C -1/C -P) FOR THE DEVELOPMENT OF THE CHANDLER AND ARCHIBALD COMMERCIAL RETAIL CENTER (APNS 144-130-004, -011, -012, AND -013) THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS: SECTION 1: ENVIRONMENTAL FINDINGS The City Council of the City of Eastvale, in light of the whole record before it, including, but not limited to, the City's local CEQA Guidelines and thresholds of significance, the IS/MND and other documents incorporated therein by reference, the Mitigation Monitoring and Reporting Program (MMRP), any written comments received and 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, determines, and certifies as follows: A. CEQA. The approval of this Zone Change is in compliance with requirements of the California Environmental Quality Act ("CEQA"), in that on August 25, 2021 at a duly noticed public hearing, the City Council approved and adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program reflecting its independent judgment and analysis and documenting that there was not substantial evidence, in light of the whole record, from which it could be fairly argued that the project may have a significant effect on the environment. The documents comprising the City's environmental review for the project are on file and available for public review at Eastvale City Hall, Suite 910, Eastvale, CA 91752. B. Multiple Species Habitat Conservation Plan (MSHCP). The project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area and mitigation is provided through payment of the MSHCP Mitigation Fee. SECTION 2: FINDINGS FOR THE CHANGE OF ZONE Finding 1: The changes are consistent with the General Plan goals, policies, and implementation programs. Evidence: The site is currently located within the A-1 (Light Agriculture) Zone. The A-1 zone is inconsistent with the CR Land Use Designation and would not allow the project as proposed. To remain consistent with the General Plan, in accordance with the Government Code (state law), the applicant has proposed a Change of Zone from A-1 (Light Agriculture) to C -1/C -P (General Commercial). The C -1/C -P zone is consistent with the CR designation and would allow a commercial retail project subject to the approval of a Major Development Review (DR). The applicant has filed a Major DR application ensure the project is evaluated at a public hearing, and that conditions of approval may be imposed to ensure the project does not impact the health, safety, and wellbeing of the residents of the City. 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 located within the Chino Airport influence area and is subject to consistency with the Airport Land Use Compatibility Plan (ALUCP). The Riverside County Airport Land Use Commission (ALUC) acts in an advisory capacity when reviewing development projects for compatibility with the ALUCP. On June 10, 2021, ALUC found the proposed project consistent with the 2008 Chino Airport Land Use Compatibility Plan, subject to conditions. SECTION 3. CHANGE OF ZONE The Official Zoning Map for the City of Eastvale is hereby amended to change the four parcels known as Assessor's Parcel Numbers 144-130-004, 144-130-011, 144-130-012, and 144-130-013 from Light Agriculture (A-1) to General Commercial (C -1/C -P), as shown Exhibit A attached hereto and incorporated herein by reference. SECTION 4. SEVERABILITY If any Chapter, subsection, subdivision, sentence, clause, phrase, 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 will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after its passage by the City Council. SECTION 7. CITY CLERK ACTION The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c). PASSED, APPROVED AND ADOPTED this 8th day of September 2021. APPROVED AS TO FORM: Erica Vega City Attorney Jocelyn Yow Mayor ATTEST: Marc A. Donohue, MMC City Clerk (STATE OF CALIFORNIA) (COUNTY OF RIVERSIDE) § (CITY OF EASTVALE) I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 21-07, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 8th day of September 2021, by the following vote: AYES: Councilmembers Dinco, Plott, Rigby, and Mayor Pro Tem Lorimore NOES: h : 71Xna ABSTAIN: Mayor Yow i Marc A. Donohue, MMC City Clerk EXHIBIT A A