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Ordinance 11-05ORDINANCE NO. 2011-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 10-0027 TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF EASTVALE FROM A-2-10 (HEAVY AGRICULTURE) TO R-4 (PLANNED RESIDENTIAL ZONE) FORA 16.77 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF HARRISON A VENUE AND SCHLEISMAN ROAD (APN: 144-030-032) SECTION 1. 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 written comments received and responses provided, the proposed Mitigation Monitoring Program and other substantial evidence (within the meaning ofPublic Resources Code§ 21080(e) and§ 21082.2) within the record and/or provided at the public hearing, hereby fmds and determines as follows: 1. 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. 2. Compliance with Law: That the Mitigated Negative Declaration and Mitigation Monitoring Program were prepared, processed, and noticed in accordance with the California Environmental Quality Act (Public Resources Code Section 21 000 et seq.), the CEQA Guidelines (14 California Code ofRegulations Section 15000 et seq.) and the local CEQA Guidelines and Thresholds of Significance adopted by the City ofEastvale. 3. Independent Judgment: That the Mitigated Negative Declaration reflects the independent judgment and analysis of the City ofEastvale. 4. Mitigation Monitoring Program: That the Mitigation Monitoring Program is designed to ensure compliance during project implementation in that changes to the project and/or mitigation measures have been incorporated into the project and are fully enforceable through permit conditions, agreements or other measures as required by Public Resources Code Section 21081.6. 5. No Significant Effect: That revisions made to the project plans agreed to by the applicant and mitigation measures imposed as conditions of approval on the project, avoid or mitigate any potential significant effects on the environment identified in the Initial Study to a point below the threshold of significance. Furthermore, after taking into consideration the revisions to the project and the mitigation measures imposed, the City Council fmds that there is no 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. Therefore, the City Council concludes that the project will not have a significant effect on the environment. {00004929.DOC VI J SECTION 2. 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 ofthe MSHCP Mitigation Fee. SECTION 3. The City Council of the City ofEastvale hereby fmds that the proposed amendment to the Official Zoning Map conforms with, and consistent with, the provisions, text, and exhibits of the adopted Eastvale General Plan. SECTION 4. The Official Zoning Map for the City ofEastvale is hereby amended to change the 16.77 acre parcel located at the northwest comer ofHarrison Avenue and Schleisman Road (Assessor's Parcel No. 144-030-032) from A-2-10 (Heavy Agriculture) to R-4 (Planned Residential). 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 ofthis 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 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 13th day of April, 201 /f [00004929.DOC Vl} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF EASTV ALE ) I, Judy L. Haughney, INTERIM CITY CLERK OF THE CITY OF EASTV ALE, DO HEREBY CERTIFY that the foregoing Ordinance Number 2011-05 was duly and regularly adopted by the City Council of the City ofEastvale at a regular meeting held the 13th day of April, 2011, by the following called vote: AYES: council Members Howell, Welch, Bootsma, Mayor Pro Tern DeGrandpre and Mayor Rush NOES: None ABSENT: None ABSTAIN: None (00004929.DOC VI}