Ordinance 12-10[
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ORDINANCE NO. 2012-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE, CALIFORNIA
APPROVING CHANGE OF ZONE 10-0058 FROM A-2-5 AND A-2-10 (HEAVY AGRICULTURE
DISTRICT) TO R-1 (ONE-FAMILY DWELLING) TO ACCOMMODATE THE DEVELOPMENT OF
A NEW CHURCH LOCATED NORTH OF A STREET AND APPROXIMATELY 400 FEET
WEST OF HAMNER A VENUE, AT THE EASTERN TERMINUS OF KRISTI LYNN COURT
(ASSESSOR'S PARCEL NUMBER 152-050-046)
WHEREAS, applications for a Change of Zone (CZ No. 10-0058) from A-2-5 and A-2-
10 (Heavy Agriculture District) to R-1 (One-Family Dwelling) and Conditional Use Permit
(CUP No. 10-0058) for the development of a church, has been filed by New Day Christian
Church of Corona Valley for the real property located north of A street and approximately 400
feet west of Hamner Avenue, at the eastern terminus of Kristi Lynn Court, Assessor's Parcel
Number 152-050-046; and
WHEREAS, the proposed Change of Zone and Conditional Use Permit is considered a
"Project" as defined by the California Environmental Quality Act, Public Resources Code
§21000 et seq. ("CEQA"); and
WHEREAS, the Planning Director determined that the Project qualifies for a Class 32
Categorical Exemption from the provisions of CEQA per Section 15332 (In-Fill Development
Projects) of the CEQA Guidelines; and
WHEREAS, the City of Eastvale Planning Department on June 9, 2012, published a legal
notice in the Press Enterprise, a local paper of general circulation, indicating the date and time of
the Planning Commission public hearing in compliance with state law concerning Change of Zone
No . 10-0058 and Conditional Use Permit No. 10-0058, and mailed said public hearing notice to
each property owner within a 600-foot radius of the project site in accordance with state law; and
WHEREAS, the City of Eastvale Planning Commission conducted a duly noticed public
hearing on June 20, 2012, at which time they received public testimony concerning Change of
Zone No. 10-0058 and Conditional Use Permit No. 10-0058, considered the CEQA Categorical
Exemption, and recommended approval of the project and CEQA Exemption to City Council;
and
WHEREAS, on July 14, 2012, the City of Eastvale Planning Department published a legal
notice in the Press Enterprise, a local paper of general circulation, indicating the date and time of
the City Council public hearing in compliance with state law concerning Change of Zone No. 10-
0058 and Conditional Use Permit No. 10-0058, and mailed said public hearing notice to each
property owner within a 600-foot radius of the project site in accordance with state law; and
WHEREAS, the City Council of the City of Eastvale conducted a duly noticed public
hearing on July 25, 2012 at which time it received public testimony concerning Change of Zone
No. 10-0058 and Conditional Use Permit No. 10-0058, and considered the CEQA Categorical
Exemption for the proposed project.
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NOW, THEREFORE, the City Council of the City of Eastvale does hereby ordain as
follows:
SECTION 1. That the project site was adequately analyzed according to the CEQA Guidelines and is
Categorically Exempt under Section 15332, In-Fill Development, as supported by the following Findings
and Evidence:
1. Finding: The proposed change in zoning from A-2-5 and A-2-10 to R-1 is consistent with
the general plan land use designation for the property and will have no significant effect on
the environment.
Evidence: The change in zoning district removes agricultural uses which are no longer
appropriate given the size of the site and the surrounding residential and commercial land
uses. The R-1 zoning is consistent with the site's medium density residential land use
designation in the adopted General Plan.
2. Finding: The project is consistent with the density allowed in the Medium Density
Residential General Plan land use designation and all applicable General Plan policies and
proposed R-1 One-Family Dwellings zone classification and regulations.
Evidence: The proposed use is listed as allowable use subject to a conditional use permit
in the proposed R-1 zone. The zoning classification is consistent with the existing land
use designation for the property.
3. Finding: The proposed development occurs within city limits on a project site of no more
than 5 acres substantially surrounded by urban uses.
Evidence: The project site is 4.36 acres in size. The site is entirely surrounded by urban
uses of similar scale and intensity.
4. Finding: The project site has no value as habitat for endangered, rare, or threatened species.
Evidence: The site was evaluated by a biologist who determined that there is no habitat
for any such species, and the proposed improvements will not remove any special habitat.
(see Staff Report Attachment, Biological Resources Assessment)
5. Finding: Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
Evidence : The proposed church will use construction techniques and materials consistent
with commercial development in Eastvale. The operation of the facility will be similar to
other public gathering locations and will not generate substantial traffic, noise or air
quality impacts. Design of the landscaping and drainage improvements will meet city
standards regarding stormwater runoff. Water and wastewater usage will be similar to
other commercial and professional office uses and is expected to be of minimal impact. l 6. Finding: The site can be adequately served by all required utilities and public services.
Evidence: Evidence: Urban uses are currently developed up to the site on three side and
all utilities are available to the site and are adequately sized to serve the project.
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 Section 20.3 of the City of Eastvale Zoning Code, the City Council makes the
finding below pertaining to Change of Zone No. 10-0058:
Finding: The proposed Change of Zone is in conformance with the adopted General Plan for
the City.
Evidence : The General Plan Land Use Designation for the project is Medium Density
Residential (MDR) which allows for the development of single family residential homes.
The proposed R -1 zone is consistent with the MDR general plan land use designation.
The 4.36 acres site is larger than the minimum lot size of 7,200 square feet required for R-
1 zone districts. Given this, the proposed change of zone is consistent with the City's
General Plan.
SECTION 4. The City Council hereby adopts Ordinance No. 2012-_ approving Change of
Zone No. 10-0058 as described and illustrated in Exhibit A attached hereto to this Ordinance.
SECTION 5. The Official Zoning Map for the City of Eastvale is hereby amended to change th e zoning
of Assessor's Parcel Number 152-050-046 from A-2-5 and A-2-10 (Heavy Agriculture Di strict) to R-1
(One-Family Dwelling).
SECTION 6. If any section, subsection, subdivision, sentence, clause, or portion of this ordinance, i 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 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.
ADOPTED, SIGNED and APPROVED this gth day of August 2012.
Attest:
ney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Ariel Berry, DEPUTY CITY CLERK OF THE CITY OF EASTVALE, DO HEREBY CERTIFY that
the foregoing Ordinance Number 2012-10 was duly and regularly adopted by the City Council of th e City
of Eastvale at a regular meeting held the 8th day of August, 2012, by the following vote to wit:
AYES: Council Members Rush, Welch, Bootsma, Mayor Pro Tern Howell
and Mayor DeGrandpre
NOES: None
ABSENT: None
ABSTAIN: None
Exhibit A
[ Change of Zone No. 10-0058