Loading...
Ordinance No. 231 ORDINANCE NO. 231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA ADOPTING ZONE CHANGE 09ZC01 WHEREAS, the Planned Developments for the properties within PD 13-165, PD 17-153, and PD 19-163 have either expired or fail to provide adequate development standards as required by state law; NOW, THEREFORE, 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 project proponent, the City of Chino Hills, requested approval of a Negative Declaration and Zone Change 09ZC01 to change the zoning designations of the properties within Planned Developments PD 13-165, PD 17-153, and PD 19-163. b. The properties subject to Zone Change 09ZC01 are located within the Carbon Canyon area and are legally described as, PD 13-165: 1000-511- 39, 1000-511-38, 1000-162-65, 1017-403-10 and 1033-012-16, PD 17- 153: 1031-011-02 and 1031-011-49, and PD 19-163: 1017-261-24. c. The applicant proposes Zone Change 09ZC01 to provide zoning designations and development standards that are consistent with the City's General Plan for several properties that are currently within expired or inadequately-defined planned developments. The approval of the zone change would ensure that the future development of these properties is consistent with the goals and policies of the General Plan and the standards and regulations of the Development Code. The proposed zone change would establish Agriculture-Ranch (R-A) as the zoning district of the properties currently designated as PD 13-165; except for the parcel within PD 13-165 that is located north of Carbon Canyon Road (SR-142), and legally described as 1000-511-39, which would be designated as Low Density Residential (R-S). The properties within PD 17-153 would be designated Rural Residential (R-R) and the property designated as PD 19-161 would be designated as Agriculture-Ranch (R-A). The appropriate zoning designation for each of these properties was determined by consulting the Land Use Element of the General Plan, which is the guiding document of the City. The General Plan provides a vision for the future of the community and all actions taken by the City are required to be consistent with the goals, policies, and intent expressed in the elements of the General Plan. 1 d. In accordance with the California Environmental Regulations, Title 14, Section 15000 et seq., and the rules, regulations, and procedures for implementing the California Environmental Quality Act (CEQA) Guidelines as adopted by the City of Chino Hills a determination has been made that the proposed project will not have a significant impact on the environment, and a Negative Declaration (ND) is recommended for approval. The Draft Negative Declaration was available for public comments from October 30, 2009 thru November 30, 2009. e. The Planning Commission reviewed the proposed project on December 1, 2009, and continued the item to December 15, 2009, at which point the Planning Commission recommended approval of the project to the City Council. f. A duly noticed public hearing before the City Council was conducted on January 12, 2010, at which time all interested persons were given an opportunity to testify regarding in support of, or in opposition to the project, SECTION 2. With regard to the request for approval of Zone Change (amendment to the Zoning Map) 09ZC01, 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, the City Council does further find, pursuant to Section 16.62 of the Development Code, as follows: (a) FINDING: That the proposed zone changes are consistent with the goals, policies and objectives of the General Plan: FACT: The proposed zone changes have been carefully reviewed through the project Negative Declaration and the planning process and have been found to be consistent with the goals, policies and objectives of the General Plan. The proposed Zone Change will change the zoning designations of the specified properties to designations that are consistent with the Land Uses specified in the Land Use Element of the General Plan. (b) FINDING: That the proposed zone changes will not adversely affect surrounding properties. FACT: The proposed zone changes have been carefully reviewed through the project Negative Declaration and the planning process and have been found to be consistent with the goals, policies and objectives of the General Plan. The proposed Zone Change will provide development standards to guide the future development of these sites and will cause these properties to be subject to all of the regulations, standards and guidelines contained within the Development Code, These standards will 2 ensure that the proposed zone change will not adversely affect surrounding properties. SECTION 3. The City Council of the City of Chino Hills does hereby approve Zone Change 09ZC01, based on the findings included within this ordinance. The zoning designations of the subject properties shall be established as follows: The properties legally described as shall be designated as: Assessor's Parcel Numbers: 1000-511-39 I Low Density Residential (R-S) 1031-011-02 and 1031-011-49 I Rural Residential (R-R) 1000-511-38, 1000-162-65, Agriculture-Ranch (R-A) I 1017-403-10, 1033-012-16 and 1017-261-24 SECTION 4. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Chino Hills. 3 SECTION 5. This Ordinance shall become effective thirty (30) days after the date of its adoption. PASSED, APPROVED AND ADOPTED this 26th day of January, 2010. lXJ W. C. "BILL" KRUGER, MAYOR ATTEST: Makt(70 /7/44,d4- MARY M. M UFFEE, CITY CLERk�I/ U//// APPROVED AS TO FORM: c`"`) 4 , MARK D. NENSLEY, CITY ATTORNEY 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, MARY M. McDUFFEE, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 231 was duly introduced at a regular meeting of the City Council held on the 12th day of January, 2010 and adopted at a regular meeting held on the 26th day of January, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: KRUGER, GRAHAM, BENNETT, NORTON-PERRY, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE &' • MARY M. M n U E, CITY CLE, (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 231 duly passed and adopted by the Chino Hills City Council at their regular meeting held on January 26, 2010, and that Summaries of the Ordinance were published on January 16, 2010 and January 30, 2010, in the Chino Hills Champion Newspaper. MaAlt . MARY M. c UFFEE, CITY CLERK/j (SEAL) (/// 5 of 5