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Ordinance No. 3396

Corona City Council
May 15, 2024

Document
Ordinance No. 3396
Meeting
May 15, 2024
Body
Corona City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on corona.legistar1.com. That file is the official record.

ORDINANCE NO. 3396

AN ORDINANCE OF THE CITY OF CORONA,

CALIFORNIA, APPROVING AN AMENDMENT TO THE
EL CERRITO SPECIFIC PLAN (SP91-02) TO ALLOW

EDUCATIONAL SCHOOLS IN THE COMMERCIAL

DISTRICT AS A CONDITIONALLY PERMITTED USE
(SPA2023-0001).

WHEREAS, on April 8, 2024, the Planning and Housing Commission of the City of Corona (“Planning Commission”) recommended that the City Council of the City of Corona (“City Council”) approve SPA2023-0001 to amend the El Cerrito Specific Plan (SP91-02) to allow educational schools in the Commercial (C) District as a conditionally permitted use (the “Amendment”); and
WHEREAS, the Planning Commission based its recommendation to adopt the Amendment on the findings set forth below and a determination that there is no possibility that the Amendment will have a significant effect on the environment and, thus, is exempt from the requirements of the California Environmental Quality Act; and WHEREAS, on May 1, 2024, the City Council held a duly noticed public hearing at which all persons wishing to testify in connection with the Amendment were heard and the Amendment was comprehensively reviewed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORONA
DOES ORDAIN AS FOLLOWS:

SECTION 1. CEQA Findings. As the decision-making body for this Amendment, the City Council has reviewed and considered the information contained in the preliminary exemption assessment and the administrative records for this Amendment, including all written and oral evidence. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds this action exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is merely a text amendment to a specific plan to allow educational schools as a conditionally permitted use in the Commercial District where similar types of schools are a permitted use and there is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore, no environmental analysis is required, and staff will file a Notice of Exemption with the County of Riverside.
2 SECTION 2. Zoning Findings. Pursuant to Sections 17.53.090 and 17.53.100 of the Corona Municipal Code, Chapter 14.5 of the El Cerrito Specific Plan, and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby makes and adopts the following findings:

A. SPA2023-0001 systematically implements and is consistent with the General Plan for the following reasons:
(i) This Amendment is consistent with General Plan Land Use Policy LU-4.4 to promote the adaptive re-use and infill of economically underutilized, obsolete, and dilapidated commercial and industrial sites within existing urbanized areas, in consideration of the uses, scale, and character of adjoining uses. This Amendment proposes to conditionally allow educational schools, in the Commercial District of the El Cerrito Specific Plan by a conditional use permit, which will facilitate and encourage the re-use of an underutilized or vacant commercial building that may have experienced extended vacancies due to market conditions. (ii) This Amendment supports General Plan Land Use Policy LU-15.2 to allow for the development of new schools, parks, government, fire and police facilities, utilities, and infrastructure uses in any location of the City, regardless of the land use plan’s designation, provided the use is environmentally suitable and compatible with adjoining land uses, and adequate infrastructure can be provided. This Amendment allows for consideration, as a conditionally permitted use, educational schools in the Commercial District, where other similar establishments, such as business or professional schools that provide instruction on dance, barber, music, and art, are permitted by right. This Amendment provides the opportunity to review each proposed school for general education through the conditional use permit process to determine its compatibility with adjacent uses based on the school’s operations.

B. SPA2023-0001 provides for development of a comprehensively planned project that is superior to development otherwise allowed under the conventional zoning classifications for the following reason:
(i) This Amendment provides opportunities for an educational school in the Commercial District of the El Cerrito Specific Plan through the conditional use permit process, which allows for site specific consideration related to the proposed operation of the school, site conditions, and adjoining land uses.

C. SPA2023-0001 provides for the construction, improvement, or extension of transportation facilities, public utilities and public services required by the long-term needs of the project and/or other area residents, and complements the orderly development of the City beyond the project’s boundaries for the following reason:
(i) This Amendment would allow an educational school as a conditionally permitted use in the Commercial District of the El Cerrito Specific Plan, which would allow a site to be evaluated on a case-by-case basis to ensure the site and its surroundings, 3 including the infrastructure, are capable of supporting the operations associated with the school use.

D. SPA2023-0001 provides for the appropriate orientation and relationship between land uses within and adjacent to the project for the following reason:
(i) The El Cerrito Specific Plan will continue to provide for the appropriate orientation and relationship between land use within and adjacent to the Commercial District because this Amendment does not directly result in any zone change that would impact existing uses. This Amendment will allow a school for general education as a conditionally permitted use in the Commercial District, which will require a site to be evaluated on a case-bycase basis to ensure compatibility with nearby land uses.

E. SPA2023-0001 meets the findings of Section 14.5 of the El Cerrito Specific Plan for the following reasons:
(i) This Amendment is consistent with General Plan Land Use Policy LU-4.4 to promote the adaptive re-use and infill of economically underutilized, obsolete, and dilapidated commercial and industrial sites within existing urbanized areas, in consideration of the uses, scale, and character of adjoining uses. This Amendment proposes to conditionally allow educational schools, in the Commercial District of the El Cerrito Specific Plan by a conditional use permit, which will facilitate and encourage the re-use of an underutilized or vacant commercial building that may have experienced extended vacancies due to market conditions. (ii) This Amendment supports General Plan Land Use Policy LU-15.2 to allow for the development of new schools, parks, government, fire and police facilities, utilities, and infrastructure uses in any location of the City, regardless of the land use plan’s designation, provided the use is environmentally suitable and compatible with adjoining land uses, and adequate infrastructure can be provided. This Amendment allows for consideration, as a conditionally permitted use, educational schools in the Commercial District, where other similar establishments, such as business or professional schools that provide instruction on dance, barber, music, and art, are permitted by right. This Amendment provides the opportunity to review each proposed school for general education through the conditional use permit process to determine its compatibility with adjacent uses based on the school’s operations. (iii) This Amendment aligns with one of the El Cerrito Specific Plan’s objectives, as stated in Section 2.2, to maintain compatibility between land uses within the specific plan area. This Amendment allows an educational school as a conditionally permitted use in the Commercial District, which allows a site to be evaluated on a case-by-case basis to ensure compatibility between land uses within the specific plan and minimize potential impacts by requiring specific conditions of approval for operation of an educational school. (iv) This Amendment does not conflict with the Pre-annexation Policy for El Cerrito as set forth in Section 2.3 of the El Cerrito Specific Plan (SP91-02) because the Amendment does not change the zoning and land uses regarding density, lot sizes and the 4 keeping of animals previously permitted for certain properties under the county’s zoning ordinance.
(v) This Amendment provides for adequate circulation to, from and within the El Cerrito Specific Plan area because this Amendment is solely a text amendment to expand the list of conditionally permitted uses in the Commercial District and does not change the existing circulation within the El Cerrito Specific Plan area. (vi) This Amendment provides public service levels capable of adequately serving the El Cerrito Specific Plan area because this Amendment would allow an educational school as a conditionally permitted use in the Commercial District, which would allow a site to be evaluated on a case-by-case basis to ensure the site and its surroundings, including the infrastructure, are capable of supporting the operations associated with the use. (vii) This Amendment will not disrupt or deplete the El Cerrito Specific Plan’s public or private open space because it is a text amendment that that only affects the Commercial District of the specific plan.
(viii) This Amendment is compatible with the surrounding designations, will not create future land use incompatibilities, and provides adequate buffers. This Amendment maintains land use compatibility by requiring a conditional use permit for the establishment of an educational school in the Commercial District.

SECTION 3. Approval of the Amendment (SPA2023-0001). The Amendment to the El Cerrito Specific Plan (SPA2023-0001) is hereby approved. The text of the El Cerrito Specific Plan (SP91-02) is hereby amended as shown in Exhibit “A” attached to this Ordinance and incorporated herein by reference.

SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Corona, located at 400 S. Vicentia Avenue, Corona, California. Joanne Coletta, Planning and Development Director, is the custodian of the record of proceedings.

SECTION 5. Effective Date of Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in a general circulation newspaper in the City of Corona.

This Ordinance shall take effect and be in force 30 days after its adoption. 5 PASSED, APPROVED AND ADOPTED this 15th day of May, 2024. ______________________________________
Mayor of the City of Corona, California
ATTEST:
___________________________________
City Clerk of the City of Corona, California
6 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Corona, California, duly held on the 1
st day of May 2024, and thereafter at a regular
meeting held on the 15th day of May 2024, it was duly passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 15th day of May, 2024. _________________________________________
City Clerk of the City of Corona, California
[SEAL]
7 EXHIBIT “A”

AMENDMENT TO THE
TEXT OF THE EL CERRITO SPECIFIC PLAN (SP91-02)
(SEE ATTACHED PAGE BEHIND THIS PAGE)
Proposed Amendment to Section 12.8.3 noted in red
SEC.12.8.3CONDITIONALLY PERMITTED USES:

A. Major conditional use permit (CUP)
Animal hospitals.

Automobile, marine and recreational vehicle repair garages, body shops, spray painting shops.

Bakery goods, wholesale and distribution.

Car washes.

Ceramic sales and manufacturing for on-site sales, provided the total volume of the kiln does not exceed 16 cubic feet.

Churches.

Commercial Recreation uses and facilities
Congregate care residential facilities per Corona Municipal Code Section 17.04.148.

Convenience stores, including the sale of motor vehicle fuel.

Dance academies and halls.

Drive-thru restaurants.

Educational Schools.

Gasoline service stations, with the concurrent sale of beer and wine for off-premises consumption. and accessory uses pursuant to C.M.C. Chapter 17.72.030, and Section G of this Chapter.

Health care facilities pursuant to Corona Municipal Code Chapter

17.73. Mixed-Use Commercial/Office and Residential projects (subject to the development standards in Chapter 12.13, Mixed Use)
Senior Citizen Housing (subject to the development standards of Chapter 17.24 of the C.M.C.).

Small equipment rental services.

Tire sales and services (no outdoor storage).

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