ORDINANCE NO. 2023-015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING APPROXIMATELY 145 ACRES OF LAND TO RD2 (RESIDENTIAL/AGRICULTURAL), RD 4.5 (RESIDENTIAL) AND P (PUBLIC) FOR PARCELS LOCATED EAST OF NORTON AVENUE, NORTH AND SOUTH OF FRANCIS AVENUE, NORTH AND SOUTH OF PHILADELPHIA STREET AND WEST OF YORBA AVENUE WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE (APN’s: 1013-211-04-08, 10, 11, & 18-22, 1013-221-01-06, 09, & 11-18, 1013-341-03-07, & 09-13, 1013-351-16, 17, 20-23, 26-31, & 40, 1013-361-01-11, 1421, & 25, 1013-371-03-22, 1013-411-11, & 14-18, 1013-421-01, 0413, 16, 18, & 19, 1013-431-01, 02, 06, & 09-11, and 1016-121-0407)., WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL23-0014) AND AMENDING ORDINANCE NO. 2010-06.
WHEREAS, the proposed land use changes included in PL23-0041 (General Plan Amendment) will result in a reduction of approximately 13.35 acres (11.99 adjusted gross acres) of RD 2 (Residential, 2 units/acre) going to RD 4.5 (Residential, 4.5 units/acre), as shown in Exhibit “C”; and WHEREAS, the City of Chino has initiated the prezone of property concurrently with its review of the related Annexation in compliance with State law and the requirements of the Local Agency Formation Commission (LAFCO); and WHEREAS, a description for the annexation boundaries of the territory is set forth in Exhibit “A” and the proposed prezone in Exhibit “B” attached hereto and by this reference incorporated herein; and WHEREAS, the proposed prezone is required at this time by the LAFCO, and state law, because of the proposed annexation of the properties; and WHEREAS, the proposed prezone is consistent with the goals and policies of the Chino General Plan as the land use element of the General Plan identifies Goal LU-4 providing a clear transition for properties within the Sphere of Influence (SOI). Public engagement with residents within and around the Ramona Francis Annexation area was conducted that included a workshop and open house to provide residents with information on the annexation process and to answer questions on the San Bernardino County (County) and City of Chino differences and similarities between regulations and services between the two agencies to provide a clear transition from County to City. The proposed prezone of the properties will be consistent with the General Plan designations of the property within the annexation area that are currently designated as RD2 (Residential 2 DU/AC), RD 4.5 (Residential 4.5 DU/AC) and P (Public); and WHEREAS, the proposed prezone is reasonable and beneficial, and in the interest of good zoning practice as the General Plan designation of the property within the annexation area that are currently designated as RD2 (Residential 2 DU/AC), RD 4.5 (Residential 4.5 DU/AC) and P (Public). Upon annexation to the City of Chino, the zoning designations of RD2 (Residential/Agricultural), RD4.5 (Residential, 4.5 dwelling units/acre), and P (Public) will be consistent with the City’s General Plan land use designation for the site, as required by State planning, zoning, and development law; and WHEREAS, the proposed prezone will not have a significant adverse impact on the environment as an Addendum to City of Chino General Plan Environmental Impact Report (SCH No. 2008091064) (EIR) was prepared for this project. The analysis concluded that the proposed project would not create any new significant impacts or impacts that are significantly different than those identified in the original EIR. In addition, the project would not substantially increase the severity of any previously identified significant impacts; and WHEREAS, the change will not adversely affect the harmonious relationship with adjacent parcels and land uses as there is no proposed development within the annexation area as a part of this project. The surrounding properties are developed with a range of single-family residential and agricultural uses that are consistent with the proposed RD2, RD 4.5 and P zoning. Therefore, the prezone of properties to RD2, RD 4.5, P will be in harmony with the surrounding parcels and land uses; and WHEREAS, The subject site is physically suitable, including but not limited to parcel size, shape, access, availability of utilities, and compatibility with adjoining land uses, for the RD2, RD4.5 and P Prezone designations, as there are no proposed development, or proposed land use changes within the annexation area. Therefore, there are no impacts in terms of parcel size, shape, access, availability of utilities, and compatibility with existing land uses; and WHEREAS, the Planning Commission of the City of Chino held a duly noticed public hearing in compliance with law on February 22, and June 7, 2023, entertained the written and oral reports of staff, took public testimony on the proposed Project, including the draft Addendum, and recommended, on a vote of 5 ayes to 2 nays, that the City Council approve the Prezone/Annexation (PL23-0014); and WHEREAS, a notice was published in the Chino Champion newspaper on June 24, 2023 advising the public of a public hearing scheduled before the City Council on July 5, 2023, to consider the Project and the Planning Commission’s recommendation to approve the Prezone/Annexation (PL23-0014); and WHEREAS, on July 5, 2023, the City Council held a duly noticed public hearing for the Project in compliance with law, entertained the written and oral reports of staff, and took public testimony on the Project, including the proposed Prezone/Annexation and General Plan Amendment; and WHEREAS, an Addendum to City of Chino General Plan EIR for the Annexation/Prezone and General Plan Amendment for the Ramona Francis Annexation, dated May 2023, has been prepared for this Project by T&B Planning. As outlined in CEQA Guidelines Section 15164, an Addendum is the appropriate environmental document if the proposed Project does not constitute significant new information or change the assumptions, analysis, conclusions, or mitigation measures of the EIR to a significant degree. The analysis concluded that the proposed Project would not create any new significant impacts or impacts that are significantly different than those identified in the original EIR. In addition, the Project would not substantially increase the severity of any previously identified significant impacts. Therefore, the proposed Project is within the scope of the previous General Plan EIR. The Addendum satisfies the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and WHEREAS, the proposed pre-zoning will not have a significant adverse impact on the environment as an Addendum has been adopted for the Project as Resolution No. 2023-0XX, and all potential impacts associated with the project will be mitigated to a level that will not have significant adverse impacts to the environment; and WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the prezoning of the property have been complied with, including noticed public hearings.
NOW, THEREFORE, the City Council of the City of Chino does ordain as follows:
Section 1: The foregoing recitals are true and correct and incorporated herein.
Section 2: Ordinance No. 2010-06 is hereby amended so as to prezone approximately 145 acres of land located east of Norton Avenue, north and south of Francis Avenue, north and south of Philadelphia street, and east and west of Yorba Avenue to RD2 (Residential 2 DU/AC), RD 4.5 (Residential 4.5 DU/AC) and P (Public) as is more fully described on the legal and plat in Exhibit “A”.
Section 3: The following properties which are the subject of the City’s annexation application PL23-0014 (Prezone/Annexation) are hereby prezoned to RD2 (Residential 2 DU/AC), RD 4.5 (Residential 4.5 DU/AC) and P (Public) as is more fully described on the legal and plat in Exhibit “A” and as shown in Exhibit “B”.
Section 4: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Chino declares that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of any determination of invalidity.
Section 5: The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, printed and published within said City in accordance with the provisions of the Government Code PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2023. ___________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
____________________________
NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino ) §
City of Chino )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 18th day of July 2023, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________
NATALIE GONZAGA, CITY CLERK
Attachments:
Exhibit “A” – LAFCO Annexation Map/Legal Description
Exhibit “B” – Prezone Map
Exhibit “C” – General Plan Amendment Map
3 ORDINANCE NO. 2023-015