Ordinance 12-03A0
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ORDINANCE NO. 2012-03A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA
APPROVING CHANGE OF ZONE NO. 11-0363 TO AMEND THE OFFICIAL ZONING
MAP FROM R-A-1 (RESIDENTIAL AGRICULTURE) TO R-1 FOR A 41. 79 ACRE
PROJECT SITE GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
SCHOLAR WAY AND CITRUS AVENUE (APN: 152-040-034)
WHEREAS, an application for a Change of Zone from R-A-1 to R-1 for a proposed 145-
lot single family residential development has been filed by Proactive Engineering, Inc., on behalf
AltfilJisch Construction Company located generally at the southwest comer of Scholar Way and
Citrus Avenue; and
WHEREAS, the proposed Change of Zone is considered a "Project" as defined by the
California Environmental Quality Act, Public Resources Code §21000 et seq. ("CEQA"); and
WHEREAS, after completion of an Initial Study, the Planning Director determined that
the Project required preparation of a Mitigated Negative Declaration and Mitigation Monitoring
Program for the proposed project in compliance with the provisions of CEQA; and
WHEREAS, on November 11, 2011, using the method required under CEQA Guidelines
Section 15072(b ), the City provided a Notice of Intent (NOI) to adopt the proposed Mitigated
Negative Declaration and Mitigation Monitoring Program to the State Office of Planning and
Research (OPR) and the Riverside County Clerk, and also published said NOI in compliance
with State law in the Press Enterprise, a local newspaper of general circulation regarding the 30-
day public review period; and
WHEREAS, the City made the proposed Mitigated Negative Declaration and Mitigation
Monitoring Program available for public review beginning on November 14, 2011 and
concluding on December 14, 2011, a period of not less than 30 days as prescribed by law, and
which during said public review period, the City received one written comment from the Native
American Heritage Commission concerning the proposed Mitigated Negative Declaration and
Mitigation Monitoring Program which did not warrant a response or change to the document;
and
WHEREAS, the City of Eastvale Planning Department on January 6, 2012, published a
legal notice in the Press Enterprise, a local newspaper of general circulation regarding the
Planning Commission meeting of January 18, 2012 in compliance with State law concerning the
Change of Zone No . 11-0363 . In addition, on January 4, 2012, a public hearing notice was
mailed to each property owner within a 300-foot radius of the project site, indicating the date and
time of the Planning Commission public hearing of January 18, 2012 for Change of Zone No.
11-0363 in accordance with state law; and
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WHEREAS, the City of Eastvale PlaiiDing Commission conducted a duly noticed public
hearing on January 18, 2012 at which time public testimony was received concerning Change of
Zone No. 11-0363, and at which time the City Council considered the proposed Change of Zone
for the proposed project; and
WHEREAS, the City of Eastvale City Clerk's Department on February 11, 2012
published a legal notice in the Press Enterprise, a local newspaper of general circulation
regarding the City Council meeting of February 22, 2012 in compliance with State law
concerning the Change of Zone No. 11-0363. In addition, on February 9 , 2012, a public hearing
notice was mailed to each property owner within a 300-foot radius of the project site, indicating
the date and time of the City Council public hearing for Change of Zone No . 11-0363 in
accordance with state law; and
WHEREAS, the City of Eastvale City Council conducted a duly noticed public hearing
on February 22 , 2012 at which time public testimony was received concerning Change of Zone
No. 11-0363, and at which time the City Council considered the proposed Change of Zone for
the proposed project.
NOW, THEREFORE, the City Council of the City ofEastvale does hereby ordain as follows:
SECTION 1. ENVIRONMENTAL FINDINGS.
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 of Public Resources Code§ 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 and Mitigation Monitoring
Program were 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 th e independent
judgment and analysis of the City of Eastvale.
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 full y enforceable
through permit conditions, agreements or other measures as required by Public Resources
Code Section 21 081 . 6.
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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 Planning Commission finds
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 Planning Commission is recommending to the City Council that the project will not have
a significant effect on the environment.
SECTION 2. 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 3. CHANGE OF ZONE FINDING.
Pursuant to Section 20.3 of the City of Eastvale Zoning Ordinance, the Planning
Commission makes the following findings pertaining to Change of Zone No. 11-0363:
I. The proposed Change of Zone is in conformance with the adopted General Plan for the
City.
The proposed General Plan Land Use Designation for the project is Medium Density
Residential (MDR) which allows for the development of single family residential
subdivisions on parcels with a minimum lot size of 7,200 square feet. While the
proposed R-1 zone is not consistent with the current LDR general plan land use
designation, it is consistent with the MDR general plan land use designation, as proposed
by the applicant, since it allows for single family residential subdivisions on land with a
minimum lot size of 7,200 square feet. The lots sizes proposed under Tentative Tract Map
No. 36382 will range in size from 7,200 square feet to 15,099 square feet with an average lot
size of 7, 717 square feet; thus it is also consistent with the MDR land use designation. Given
this, the proposed change of zone is consistent with the City's General Plan.
SECTION 4. CITY COUNCIL ACTION:
The City Council hereby adopts Ordinance No. 2012-03A approving Change of Zone No.
11-0363 as described and illustrated in Exhibit A (Legal Description) attached hereto to this
Ordinance.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law
in this regard, and this Ordinance shall take effect thirty (30) days after its passage.
0 ADOPTED, SIGNED a11d APPROVED this 14th day of March, 2012 .
Attest: Approved as to Form:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Judy L. Hauglmey, CITY CLERK OF THE CITY OF EASTV ALE, DO HEREBY CERTIFY
that the foregoing Ordinance No. 2012-03A was duly and regularly adopted by the City Council
of the City of Eastvale at a regular meeting held the 14111 day of March, 2012 , by the following
called vote:
AYES :BOOTSMA, RUSH, WELCH, HOWELL, DEGRANDPRE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE