Ordinance 13-07D
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ORDINANCE NO. 2013-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE,
CALIFORNIA APPROVING CHANGE OF ZONE NO. 11-0558 TO AMEND THE
OFFICIAL ZONING MAP FROM HEAVY AGRICULTURE (A-2-10) TO PLANNED
RESIDENTIAL DEVELOPMENT (PRD) ZONE FOR THE REAL PROPERTY
LOCATED AT 6313 ARCIDBALD A VENUE (NORTHWEST OF ARCHIBALD
AVENUE AND 65™ STREET (ASSESSOR'S PARCEL NUMBERS 144-010-034 AND-
035)
The City Council of the City of Eastvale does hereby ordain as follows:
SECTION 1. The proposed project requires the adoption of a Mitigated Negative Declaration
pursuant to Section 15074 (Article 6) of the California Environmental Quality Act (CEQA)
Guidelines.
Evidence: 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 and Reporting Program,
and other substantial evidence (within the meaning of Public Resources Code Sections 21080(e)
and 21 082.2) 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 151 05.
Compliance with Law: That the Mitigated Negative Declaration was 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 the independent
judgment and analysis of the City of Eastvale.
Mitigation Monitoring Program: A Mitigation Monitoring and Reporting Program was prepared
for adoption along with the project 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 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. 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 1.7 ofthe City ofEastvale Zoning Code, the City Council
makes the finding below pertaining to Change of Zone No. 11-0558:
Finding 1: The proposed Change of Zone is in conformance with the adopted General Plan for
the City.
Evidence: The current zoning designation for the project site is Heavy Agriculture (A-2-1 0) and
the proposed zoning designation is PRD, which is consistent with the proposed MDR land use
designation for the project site. The proposed MDR land use designation allows for the
development of single-family residential subdivisions on parcels with a minimum lot size of
7,200 square feet. The proposed PRD zoning designation provides for the development of
residential products that cannot be accommodated by standard residential zoning. The PRD
zoning designation is consistent with the proposed Medium Density Residential (MDR) land use
designation, as it allows the development of single-family subdivisions on property designated
by the General Plan for residential uses. The proposed PRD zone is compatible with other
residential neighborhoods throughout the city. It provides development standards that vary from
the standard requirements of Eastvale's residential zoning districts to address site-specific
conditions to accommodate residential developments that would be compatible with the area in
which the development is located. Given this, the proposed Change of Zone is consistent with the
City's General Plan.
Finding 2: The proposed Change of Zone is consistent with the most recent adopted version of the
Chino Airport Land Use Compatibility Plan.
Evidence: On September 13, 2012, the Riverside County Airport Land Use Commission (ALUC)
reviewed the project design for The Trails at Eastvale and found that the proposed General Plan
Amendment to MDR, Change of Zone to PRO, and Tentative Tract Map No. 36423 are
consistent with the 2008 Chino Airport Land Use Compatibility Plan. The ALUC recommended
that several conditions be placed on the project to ensure consistency with the airport. Those
conditions have been added to the conditions of approval for the project and are identified in the
project's Mitigation Monitoring and Reporting Program. Given this, the proposed Change of
Zone is consistent with the most recent adopted version of the Chino Airport Land Use
Compatibility Plan.
SECTION 4. The Official Zoning Map for the City ofEastvale is hereby amended to change
the zoning of Assessor's Parcel Numbers 144-010-034 and -035 from Heavy Agriculture (A-2-
1 0) to Planned Residential Development (PRD) zone as described and illustrated in Exhibit A
attached hereto.
SECTION 5. The Official Development Standards for Assessor 's Parcel Numbers 144-010-034
and -035 are hereby adopted as described and illustrated in PRD No. 11-0558 -Neighborhood
Design Standards. The Neighborhood Design Standards incorporated therein and forming the
record of decision therefore, shall be filed with the Eastvale Planning Department at the Eastvale
City Hall, and shall be made available for public review upon request.
SECTION 6. This Ordinance shall take effect and be in full force and operation thirty (30) days
after adoption.
SECTION 7. If any section, subsection, subdivision sentence, clause, 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 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 8. The city clerk shall certify to the adoption of this ordinance and shall cause the
same to be published in accordance with law.
D PASSED, APPROVED, AND ORDAINED this 22N° day of May 2 0 13.
Ike Bootsma, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Ariel M. Hall, City Clerk of the City of Eastvale , do hereby certify that the foregoing
Ordinance Number 2013-07was duly and regularly adopted by the City Council of the City of
Eastvale at a regular meeting held the 22th day of May , 2013, by the following called vote:
AYES: Council Members Welch, Howell, DeGrandpre, Mayor Pro Tern Rush
Mayor Bootsrna
NOES: None
ABSENT: None
ABSTAIN: None
EXHIBIT A
Legal Description and Exhibit of Change of Zone No. 11-0558
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