Ordinance 12-040
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ORDINANCE NO. 2012-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA
APPROVING CHANGE OF ZONE 10-0084 TO AMEND THE OFFICIAL ZONING MAP
FROM SCENIC HIGHWAY COMMERCIAL TO SPECIFIC PLAN FOR THE
COMMERCIAL DEVELOPMENTS KNOWN AS EASTVALE GATEWAY NORTH AND
SOUTH RETAIL CENTERS LOCATED AT THE NORTHEAST AND SOUTHEAST
CORNERS OF LIMONITE A VENUE AND HAMNER AVENUE (APNS: 152-640-001, 152-
650-001 to -010, 160-030-033, 160-030-050, 160-030-065 to -072, 160-030-074 to -076, 160-
230-001, 160-230-006, 160-230-008 to -010, 160-230-012, 160-230-018 to -022)
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 Addendum to
FEIR No. 340 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 not circulated the Addendum to FEIR No. 340
independent of the project materials pursuant to CEQA Guidelines Section 15164.
Compliance with Law: That the Addendum to FEIR No. 340 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 Addendum to FEIR No. 340 reflects the 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 fully enforceable
through permit conditions, agreements or other measures as required by Public Resources
Code Section 21081.6.
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 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 City Council concluded that the project will not have a
significant effect on the environment.
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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 of the MSHCP
Mitigation Fee.
SECTION 3. Pursuant to Sections 20 .2 and 20 .3 of the City of Eastvale Zoning Code) the City
Council makes the finding below pertaining to Change of Zone No. 10-0084:
Finding 1: The proposed Change of Zone is in conformance with the adopted General
Plan and Specific Plan, and is needed to regulate the use of buildings, structures and land
between industry, business, residents, and other uses.
Evidence: The project site is currently zoned Scenic Highway Commercial (C-P-
S), but it is located within the Riverside County 1-15 Corridor Specific Plan,
which was adopted by the City of Eastvale during incorporation, and is being
proposed for a Specific Plan Amendment to reflect the city's incorporation. The
proposed Specific Plan Amendment would be called City of Eastvale 1-15
Corridor Specific Plan and it contains regulations and guidelines for the
development of the project site. Therefore, a change of zone from C-P-S to
Specific Plan (SP) is being proposed to bring the zoning of the project site to be
consistent with the City of Eastvale I-15 Corridor Specific Plan and the General
Plan.
SECTION 4. The Official Zoning Map for the City of Eastvale is hereby amended to change
the zoning of Assessor's Parcel Numbers 152-640-001, 152-650-001 to -010, 160-030-033 , 160-
030-050, 160-030-065 to -072, 160-030-074 to -076, 160-230-001, 160-230-006, 160-230-008 to
-010, 160-230-012, 160-230-018 to -022 from Scenic Highway Commercial (C-P-S) to Spec ific
Plan (SP) as described and illustrated in Exhibit A attached heret o .
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 of this
ordinance, is for any reason held to be invalid or unconstitutional by the de cision 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 a ccordance with law.
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PASSED, APPROVED AND ADOPTED this 141h day ofMarch 2012 .
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Judy L. Hauglmey, CITY CLERK OF THE CITY OF EASTVALE, DO HEREBY CERTIFY
that the foregoing Ordinance Number 2012-04 was duly and regularly adopted by the City
Council of the City of Eastvale at a regular meeting held the 14th day of March, 2012, by the
following called vote:
A YES: BOOTSMA, RUSH, WELCH, HOWELL, DEGRAND PRE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE