Ordinance 14-02[
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ORDINANCE NO. 2014-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE, CALIFORNIA
APPROVING CHANGE OF ZONE NO. 11-0354 TO AMEND THE OFFICIAL ZONING
MAP FROM INDUSTRIAL PARK (I-P) TO GENERAL COMMERCIAL (C-1/C-P) ZONE
FOR THE REAL PROPERTY LOCATED GENERALLY ON THE SOUTHEAST CORNER
OF HAMNER AVENUE AND RIVERSIDE DRIVE, ASSESSOR'S PARCEL NUMBER 156-
040-001
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.
Finding 1: The proposed project requires the adoption of a Mitigated Negative Declaration
pursuant to Section 15074 (Article 6) of the 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
15105.
Compliance with Law: That the Mitigated Negative Declaration was prepared, processed,
and noticed in accordance with CEQA (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
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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.
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 of the City ofEastvale Zoning Code, the City Council
makes the finding below pertaining to Change of Zone No. 11-0354:
Finding 1: The proposed Change of Zone is in conformance with the adopted General Plan for
the City.
Evidence: The project site is currently zoned Industrial Park (1-P), which does not permit
gasoline service stations; however, restaurants, other eating establishments, and drive-in or drive-
through operations or facilities are permitted. Gasoline service stations and restaurants and other
eating establishments are permitted in the General Commercial (C-1/C-P) zone while drive-in or
drive-through operations or facilities are conditionally permitted. Therefore, the proposed change
of zone is necessary to accommodate the proposed gas station facility. The proposed change of
zone from 1-P to C-1/C-P would not conflict with the current and allowed uses for land to the
north, east, and west of the project site. The land to the west of the proposed project currently
zoned for commercial uses is currently vacant. 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 Ontario Airport Land Use Compatibility Plan.
Evidence: The proposed project is located within a 60--65 dB CNEL Noise Impact Zone, FAA
Height Notification Surface and Airspace Obstruction Surface Airspace Protection Zones, and
the Real Estate Transaction Disclosure for over-flight notification area of the Ontario Airport
Influence Area.
1. The proposed project involves restaurant and vehicle fueling stations that are found
by the LA/Ontario International Airport Land Use Compatibility Plan (Table 2-3,
Noise Criteria) to be normally compatible with the 60--65 dB CNEL Noise Impact
Zone.
2. The FAA Height Notification Surface and Airspace Obstruction Surface protection
zones require proposed projects to notify the FAA if any object extends beyond the
allowable height for the zone. The proposed project is within a zone with an
allowable height of 200 feet and greater. The proposed project is not affected by this
requirement.
3. The proposed project is within a zone of the Ontario Airport Land Use Compatibility
Plan that requires an over-flight notification be provided to owners of the newly
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developed property. The project is conditioned to provide the Airport Land Use
Commission "Notice of Airport in Vicinity" to all potential purchasers and tenants of
the property and be recorded as a deed notice.
Therefore, the proposed Change of Zone is consistent with the Ontario 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 Number 156-040-001 from Industrial Park (1-P) to General
Commercial (C-1/C-P) zone as described and illustrated in Exhibit A attached hereto.
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 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 accordance with law.
PASSED, APPROVED, AND ORDAINED this 12th day of February 2014.
Ike Bootsma, Mayor
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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 2014-02 was introduced at a regular meeting of the City Council of the City
ofEastvale held on the 22"d day of January, 2014 and was finally passed by the City Council of
the City ofEastvale at a regular meeting held the 12th day of February, 2014, by the following
vote:
AYES: Council Members DeGrandpre, Link, Welch, Mayor
Pro Tern Rush and Mayor Bootsma.
NOES: None
ABSENT: None
ABSTAIN: None
EXHIBIT A
Legal Description and Exhibit of Change of Zone No. 11-0354
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CHANGE OF ZONE NO. 11-0354
Legal Desqption
REAL PROPERTY IN UNINCORPORATED AREA Of THE COUNTY OF RIVERSIDE, STATE OF CAUFORNIA, DESCRIBED AS FOLLOWS :
THE NORTHERLY 335 .161 FEET OF THE 'M:STERLY 355.161 FEET OF THE PORTION OF THE NORTH'M:ST QUARTER OF SECTION 7, TOWNSHIP 2
SOUTH, RANGE 6 'M:ST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT LAN OFFICE,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH'M:ST CORNER Of SAID SECTION; THENCE SOUTH ON THE 'M:ST BOUNDARY OF SAID SECTION, A DISTANCE OF
1401.92 FEET; THENCE SOUTH 89"29' EAST 776.90 FEET; THENCE NORTH D'l' 'M:ST 1401.92 FEET TO THE NORTH BOUNDARY OF SAID
SECTION; THENCE NORTH 89'29' 'M:ST, ON THE NORTH BOUNDARY OF SAID SECTION 7, A DISTANCE OF 776.90 FEET TO THE NORTH'M:ST
CORNER OF SAID SECTION, AND THE POINT OF BEGINNING.
EXCEPT FROM SAID LAND ABOVE DESCRIBED THE 'M:ST 60 FEET AS DESCRIBED IN THE DEED TO THE STATE OF CAUFORNIA, RECORDED
JANUARY 21, 1943 IN BOOK 568, PAGE 306 Of OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE.
ALSO EXCEPT FROM SAID LAND ABOVE DESCRIBED THE NORTH 40 FEET AS DESCRIBED IN THE DEED TO THE COUNTY OF RIVERSIDE,
RECORDED JUNE 19, 1950 IN BOOK 1182, PAGE 412 OF OFFICIAL RECORDS OF THE COUNTY Of RIVERSIDE.
ALSO EXCEPTING THEREFROM ONE -SICTEENTH OF All OIL, AS RESERVED BY FRED J. FINCH, ET UX, IN DEED RECORDED APRIL 9, 1929, IN
BOOK 807, PAGE 67, OF DEEDS. RIVERSIDE COUNTY RECORDS.
SPECIFIC PLAN
(TUSCANA VILLAGE
-COMMERCIAL)
COMMERCIAL USE
CITY OF ONTARIO
SAN BERNARDINO COUNTY
SAN BERNARCMNO
COI.N1Y
SPECIFIC PLAN
(EDEN GLEN)
COMMERCIAL USE
CITY OF ONTARIO
SAN BERNARDINO COUNTY
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Riverside County llMA GIS
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