Ordinance 13-08D
ORDINANCE NO. 2013-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE
AMENDING EASTV ALE SPECIFIC PLAN 300 TO ALLOW HOME OCCUPATIONS
SUBJECT TO THE REGULATIONS OF THE EASTVALE ZONING CODE
The City Council of the City ofEastvale does hereby ordain as follows:
SECTION 1. Pursuant to CEQA, and 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
Categorical Exemption incorporated therein by reference, any written comments received and
responses provided, and other substantial evidence (within the meaning of Public Resources
Code Sections 21 080( e) and 21 082.2) within the record and/or provided at the public hearing, the
City Council hereby finds and determines as follows:
Finding: The project qualifies for a Categorical Exemption pursuant to Section 15301, Existing
Facilities, and is determined to be exempt from further environmental review requirements
contained in CEQA.
Evidence: The proposed amendment will allow home occupations in existing residential
neighborhoods in Eastvale Specific Plan 300 and will not change the main residential use
ofthe properties within this Specific Plan. The proposed amendment will not lead to any
significant impacts to local traffic, noise, air quality, or water quality.
SECTION 2. Pursuant to Section 2.5 of the City ofEastvale Zoning Code, the City Council
makes the finding below pertaining to the amendment to Eastvale Specific Plan 300 to allow
home occupations subject to the regulations of the Eastvale Zoning Code:
Finding 1: The proposed Specific Plan amendment is consistent with the goals, policies, and
objectives of the General Plan.
Evidence: The proposed amendment to Eastvale Specific Plan 300 will allow home
occupations in the residential neighborhoods of the Specific Plan subject to the
regulations of the Eastvale Zoning Code. This proposal will not change the primary
residential use and will remain consistent with the current land use designations of the
properties as designated by the General Plan.
Finding 2: The proposed amendment to Eastvale Specific Plan 300 meets the requirements set
forth in the Zoning Code.
Evidence: The proposed amendment to Eastvale Specific Plan 300 will allow home
occupations in the residential neighborhoods of the Specific Plan subject to compliance
with the regulations of the Eastvale Zoning Code.
L
Finding 3: If the specific plan site, or any portion thereof, is located within the Chino Airport
Influence Area, the City Council must find that (a) the Specific Plan and amendment have been
reviewed by the Airport Land Use Commission, and (b) the Specific Plan is consistent with the
most recently adopted version of the Chino Airport Land Use Compatibility Plan.
Evidence: The Airport Land Use Compatibility Plan shows that a large portion of
Eastvale Specific Plan 300 is located in Zone D, which prohibits high noise-sensitive
outdoor nonresidential uses, discourages schools, hospitals, and nursing homes, and
requires airspace review for structures taller than 70 feet. The proposed amendment
allows home occupations to be permitted in existing residential developments in Eastvale
and does not involve development of prohibited or discouraged uses in Zone D. For these
reasons, the proposed amendment does not require review by the Airport Land Use
Commission and is consistent with the policies of the City of Eastvale General Plan and
the Airport Land Use Compatibility Plan.
Finding 4: The language and contents of the Specific Plan shall be acceptable and must meet all
applicable City standards.
Evidence: The language and contents of Eastvale Specific Plan 300 will remain as
existing with a minor change to allow home occupations in the residential planning areas
of the Specific Plan.
SECTION 4. Eastvale Specific Plan 300 is hereby amended to allow home occupations subject
to the Eastvale Zoning Code in all residential planning areas (Planning Areas 2-4, 7-8, 11-12,
and 14-16).
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 decision of any co!lft 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 the adoption of this Ordinance and shall cause the same
to be published in accordance with law.
PASSED, APPROVED, AND ORDAINED this 22"d day of May 2013.
Ike Bootsma, Mayor
ity Clerk
[
D
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Ariel M. Hall, Assistant City Clerk of the City of Eastvale, do hereby certify that the foregoing
Ordinance Number 2013-08 was duly and regularly adopted by the City Council of the City of
Eastvale at a regular meeting held the 22nd day of May 2013, by the following called vote:
AYES: Council Members Welch, Howell, DeGrandpre, Mayor Pro Tern Rush
Mayor Bootsma
NOES: None
ABSENT: None
ABSTAIN: None