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Ordinance No. 282 ORDINANCE NO. 282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA ADOPTING ZONE CHANGE 14ZC04 TO PARTIALLY AMEND THE EXISTING ZONING MAP CONSISTENT WITH THE GENERAL PLAN UPDATE LAND USE MAP (GENERAL PLAN AMENDMENT 13GPA02) THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: A. The City of Chino Hills has prepared the General Plan Update (General Plan Amendment 13GPA02) that consists of comprehensive updates to the Land Use Element, the Circulation Element, the Conservation Element, the Safety Element, the Noise Element, and the Economic Development Element, and an amendment to the Zoning Map to match the General Plan Update Land Use Map (Zone Change 14ZC04) (collectively referred to as the "Project"). B. State law requires each California city to prepare and adopt a general plan which is defined as "a comprehensive, long-term general plan for the physical development of the city. C. Since the City's original General Plan was adopted 20 years ago, there have been comprehensive updates to the Housing Element and the Parks, Recreation and Open Space Element. This General Plan Update is the first comprehensive update to the remaining six elements: Land Use, Circulation, Conservation, Safety, Noise and Economic Development. D. The City of Chino Hills General Plan has undertaken the update six of the eight General Plan Elements to ensure internal consistency, update information consistent with City policy documents, address changes in state law, plan for the City's build-out and provide a more contemporary and user friendly format. E. The City initiated the General Plan Update process approximately five years ago, establishing baseline information was collected through a site by site land use inventory and a series of technical studies, including a Biological Resource survey, a Paleontological and Cultural Resource survey, a Geotechnical Conditions update, an Air Quality Study, a Greenhouse Gas Study, a Noise Element Technical Memorandum, and Traffic Impact Study. 1 of 10 P. To gain Planning Commission and public input, staff held eight public workshops, five of which were held between September 2012 and May 2013 and covered major issues and recommendations relative to the General Plan and each of the six elements included in the General Plan Update and Zone Change 14ZC04. G. On May 29, 2013, the City issued a Notice of Preparation (NOP) and filed it with the state Office of Planning and Research and County of San Bernardino Clerk of the Board for the state mandated 30 day review period, which ran through June 27, 2013. The NOP was distributed to responsible agencies and published in the Chino Champion. H. On June 4, 2013, the City conducted a Scoping meeting that was noticed as part of the NOR Twelve individuals attended the Scoping meeting, and seven public and interested agencies submitted written comments. All of the comments received during preparation of the General Plan Update Zone Change 14ZC04 were considered and incorporated where appropriate into the Draft General Plan Update, Zone Change 14ZC04and/or EIR documents. I. On July 23, 2014, the City issued a Notice of Completion/Availability (NOC/NOA) for the Draft EIR and filed it with the state Office of Planning and Research and County of San Bernardino Clerk of the Board for the state mandated 45 day review period, which ran through September 9, 2014. The NOC/NOA was distributed to responsible agencies and published in the Chino Champion. J. To gain additional public input, a seventh public workshop was held at the September 2, 2014 Planning Commission meeting. This meeting was held during the 45 Day California Environmental Quality Act (CEQA) review period on the Draft EIR, and provided the Planning Commission and community a summary of the major issues within the Draft General Plan, Zone Change 14ZC04 and EIR, and an opportunity to ask questions on the documents. Seven individuals addressed the Commission at the workshop and raised issues related to traffic, noise, Measure U, the protection of animal rights, need for direct language in General Plan policies and public participation. 2 of 10 K. On October 21, 2014, an eighth workshop was held at the Planning Commission to allow staff to update the Planning Commission on the General Plan, Zone Change 14ZC04 and EIR and to respond to ask questions from the Commission on the documents. L. Comments received during the 45 day public review period for the Draft EIR included letters from 8 public agencies and 2 interested organizations, and emails from 13 residents. Responses to these comments received on the Draft EIR were mailed or emailed to each commenter on December 17, 2014. M. The Planning Commission of the City of Chino Hills held a noticed public hearing on January 7, 2015, to review and consider recommending to the City Council the certification of the Final Environmental Impact Report and approval of the General Plan Update and Zone Change 14ZC04e. During that meeting, the Commission received a report from staff, asked questions of staff, heard testimony from the public, and continued the hearing until January 20, 2015. N. The Planning Commission of the City of Chino Hills re-opened the public hearing on January 20, 2015, to review and consider recommending to the City Council the certification of the Final Environmental Impact Report and approval of the General Plan Update and Zone Change 14ZC04. During that meeting the Planning Commission received testimony, and voted 5-0 to recommend approval of the Resolution Recommending Approval of the General Plan Update and EIR to the City Council, with the following changes: a. Regarding the southeastern portion of the City proposed to be re-labeled Ag-Ranch-40 in the revised General Plan Update Land Use Map and Zone Change 14ZC04, in response to comments received on the Draft EIR, revise the proposed General Plan Update and the Zoning Map in Zone Change 14ZC04 to retain the current designations and incorporate by reference into the General Plan Update the current policies and statements set forth in the text of the current General Plan so that the designations and policies for this geographical area remain unchanged by this General Plan Update and Zone Change 14ZC04. b. Direct staff to research the current designation of the southeasterly portion of the City and work with the property owners and community to recommend an action to the Planning Commission for providing clarity regarding the area's density. c. Revise the proposed General Plan Update to remove language regarding the density and development standards for the 3 of 10 proposed Mixed Use designation and instead set these standards through a subsequent Mixed Use Ordinance, with the intent to limit high density residential to large commercial centers. d. Revise the proposed General Plan Update to remove policies that set a minimum lot size for clustering in the Agriculture/Ranches and Rural Residential districts and instead set these minimums as well as policies requiring preservation and maintenance of private open space through subsequent Code amendments. e. Retain the current proposed General Plan Update and do not incorporate language recommended by Wildlife Corridor Conservation Authority regarding the requirement to record conservation easements within proposed General Plan Update Conservation policies. f. Revise the proposed General Plan Update to add to the Vision section the vision statement from the City's existing General Plan that states, "Foremost in the citizens' vision has been the preservation of the rural character of Chino Hills." O. Some of the comments received on the Draft EIR resulted in minor revisions to information contained in the General Plan Update and/or the EIR. Additional minor revisions to the General Plan Update and/or the EIR were made to clarify or correct errors identified by staff during the preparation of the draft Final EIR. Some of these minor revisions were modified based on the January 20, 2015 Planning Commission recommendations listed above. Commenters to the Draft EIR were subsequently notified via mail or email on February 11 , 2015 of the modifications made to address the above Planning Commission recommendations to the General Plan Update. P. Zone Change 14ZC04 consists of the Zoning Map dated February 2, 2015, attached as Exhibit A to this Resolution and incorporated herein by this reference, except that excluded from Zone Change 14ZC04 is the area shown on such map in the southeasterly area of the City that is currently labeled "R-A 40 ac. min. lot size" shaded in light green-brown bounded by Chino Hills State Park on the west, the City limits on the east, Private Open Space, PD 57-154, R-S to the north and State Park land and City limit to the south, with two rectangular State Park Parcels excluded. The zoning designation on this area remains unchanged by this Zone Change 14ZC04. Q. The City Council of the City of Chino Hills held a duly noticed public hearing on February 24, 2015, to review and consider the staff report prepared for the project, the General Plan Update, Zone Change 14ZC04, 4 of 10 the Final EIR, receive public testimony, and review all correspondence received on the project. SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, does hereby find as follows regarding the General Plan Update: A. As required by the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and the City of Chino Hills' Local Guidelines for Implementing CEQA, the City of Chino Hills prepared an EIR to determine if the proposed Project may have a significant effect on the environment. B. The City Council of the City of Chino Hills has certified the Final EIR for the General Plan Update and Zone Change 14ZC04 ( SCH No. 2013051082), adopted the CEQA Findings of Fact and Statement of Overriding Considerations and adopted the Mitigation Monitoring Program under the California Environmental Quality Act for the Project. C. With regard to General Plan Amendment 13GPA02, based upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the City Council its behalf, the City Council has independently reviewed the information and has approved, pursuant to Section 16.60.030 of the Chino Hills Development Code ("Development Code") and Government Code Section 65358 the General Plan Update (13GPA02). SECTION 3. With regard to the approval of Zone Change 14ZC04, based upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the City Council and on its behalf, the City Council has independently reviewed the information and does find, pursuant to Section 16.62.040 of the Development Code and Government Code Section 65853, as follows: A. FINDING: That the proposed zone change is consistent with the goals, policies and objectives of the General Plan. FACT: The Zoning Map change is consistent with the General Plan Update Land Use Map. This change is consistent with mapping changes approved as part of General Plan Amendment 13GPA02, including: a. Delineation of the existing Public Open Space designation into Public Open Space, Private Open Space, and Public Park land use designations. This change clarifies the various 5 of 10 open space categories within the City to support existing open space and surrounding properties. b. Designation of a Very High Density Residential site on the Tres Hermanos Site "A" in compliance with state mandated Regional Housing Needs Assessment (RHNA) obligations. This change implements the City's adopted Housing Element by locating high density housing are a previously designated commercial area. c. Creation of a Mixed Use land use designation that is intended to create a diverse, pedestrian-friendly neighborhood, incorporating sustainable land use and design elements. Residential developments in this land use designation will be designed to create a high quality living environment, with pleasing architecture and landscaping, and to be compatible with surrounding development. This change creates a mixed use designation to sites adjacent to a mix of residential and commercial land uses. d. Designation of Mixed Use sites on the Tres Hermanos Site "A" and the former Higgins Brick site. This change locates mixed use adjacent to a mix of residential and commercial land uses. e. Correction of land use designations for sites that have developed or are expected to develop at uses or densities that differ from their existing General Plan land use designation. This change corrects existing discrepancies between the General Plan and built conditions. f. Correction of mapping errors. This change corrects existing mapping inconsistencies. B. FINDING: That the proposed zone change will not adversely affect surrounding properties; FACT: The Zoning Map change would be consistent with mapping changes identified above and approved as part of General Plan Amendment 13GPA02, which correct inconsistencies and support the development of future land uses in a manner compatible with surrounding land uses and City General Plan goals and policies. Further for the reasons set forth in Section 3.D. of the Resolution No. R15-_ approving General Plan Amendment 13GPA02, which are incorporated by this reference into this Resolution, the proposed Zoning Map change will not adversely affect surrounding properties. SECTION 5. The City Council of the City of Chino Hills does hereby adopt Zone Change 14ZCO2 as described in Section 1 .P. above. 6 of 10 SECTION 6. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92-02. SECTION 7. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. Nothing in this ordinance shall be interpreted to conflict with the provisions of Health and Safety Code Section 11362.5, et seq. SECTION 9. Repeal of any provision of the Chino Hills Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance. SECTION 10. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Chino Hills Municipal Code or other city ordinance by this Ordinance will be rendered void and cause such previous Chino Hills Municipal Code provision or other city ordinances to remain in full force and effect for all purposes. SECTION 11. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. 7 of 10 SECTION 12. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 10th day of March , 2015 CA07)0„aii - CYNTHI ORAN, MAYOR ATTEST: CHERYL BALZ, CITY CLE K.) APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATI RNEY 8 of 10 Exhibit A. Zoning Map (Zone Change 14ZC04) CITY OF CHINO HILLS " E" ZONING MAP A � -T DRAFT FINAL • tl J41. • ,410141;rt • gKln OeM , 1((1 1 Ic1.1) • til[:'V l Moa coni . .. � IaOIUM1 72.-2: 1 -S AL Legend ; t:c I-1 se Specific Plan OPD Planned Development L R-A Agriculture-Ranch • ---- -- �_f R-R Rural Resldental R-S Low Density Residential E RM-1 Medium Density Residential I E_ RM-2 High Density Residential RM-3 Very High Density Residential -MU Mixed Use • C-F Freeway Commercial C-G General Commercial N C-N Neighborhood Commercial C-O Office Commercialli •- BP Business Park S -LI Light Industrial 0 0.25 0.5 1 O NCI I.1 Institutional-Private 1 inch=2000 feet ▪1.2 Institutional•Public REVISED 2 FEBRUARY 2055 -C-R Commercial Recreation PP Pubic Park -OS-1 Private Open Space -OS-2 Pubic Open Space Small Lot Overlay -State Park 9 of 10 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 282 was duly introduced at a regular meeting held February 24, 2015, and adopted at a regular meeting of the City Council held on the 10th day of March, 2015 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MORAN, BENNETT, GRAHAM, MARQUEZ, ROGERS. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE earlIMISits► CHERYL BALZ, CITY CL'RK (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 282 duly passed and adopted by the Chino Hills City Council at their regular meeting held on March 10, 2015, and that Summaries of the Ordinance were published on February 28, 2015 and March 14, 2015 in the Chino Hills Champion newspaper. 17-1* CHERYL BALI, CITY CLERK (SEAL) 10 of 10 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) CITY OF CHINO HILLS ) §. COUNTY OF SAN BERNARDINO ) Cheryl Balz, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of proposed Ordinance No. 282, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA ADOPTING ZONE CHANGE 14ZC04 TO AMEND THE ZONING MAP CONSISTENT WITH THE GENERAL PLAN UPDATE LAND USE MAP (GENERAL PLAN AMENDMENT 13GPA02). attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 10th day of March, 2015. e... Apo. CHERYL BAIZ CITY CL`EK (SEAL)