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Ordinance 13-07D 0 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 0 [_ 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 D [ l ...... ...... I 0 Vl Vl 00