RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA ADOPTING THE EASTVALE 2040 GENERAL PLAN UPDATE (PLN22-20015) AND
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTING CEQA FINDING AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR PLN22- 20015.
WHEREAS, the Community Development Department has processed General Plan Amendment No. PLN22-20015 to adopt the Eastvale 2040 General Plan comprehensive update in accordance with California Government Code Section 65358; and
WHEREAS, State law requires California cities to prepare and adopt a General Plan to guide future development of the City; and
WHEREAS, the City of Eastvale adopted the existing General Plan in 2012; and WHEREAS, State law requires that a general plan include at minimum a land use element, circulation element, housing element, conservation element, open space element, noise element, safety element, and an environmental justice element or related goals, policies, and objectives integrated in other elements; and
WHEREAS, the City prepared the Eastvale 2040 General Plan comprehensive update that includes the state-required elements and also addresses urban design, economic development, public health, and sustainability; and
WHEREAS, Eastvale 2040 builds upon and complements the 2021-2029 Housing Element as adopted by City Council on April 20, 2022 and certified by the State Department of Housing and Community Development in 2022; and
WHEREAS, in accordance with Section 65351 of the California Government Code, the City has facilitated public participation in the Eastvale 2040 General Plan process through multiple community meetings, surveys, outreach platforms, public workshops and hearings which provided opportunities for the involvement of residents, public agencies, and other community groups; and WHEREAS, the City engaged community members and formed small working groups called “Advisory Circles” to deliberate on focus topics of land use, circulation, the Chandler Policy Area, open space, and conservation; and
WHEREAS, the proposed project (PLN22-20015) is considered a “project” as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and 2284
WHEREAS, the City, as the Lead Agency, determined that the proposed project required the preparation of an Environmental Impact Report (EIR) for compliance with the provisions of CEQA; and
WHEREAS, on August 5, 2022, using the method under CEQA Guidelines Section 21092, the City provided a Notice of Preparation (NOP) for the proposed Draft EIR (SCH No. 2022080090) to the State Office of Planning and research (OPR) and the Riverside County Clerk, and also published the NOP in compliance with state law in the Press Enterprise, a local newspaper of general circulation, regarding a public scoping meeting and a 30-day public commenting period; and WHEREAS, on October 31, 2023, using the method required under CEQA Guidelines Section 15087, the City provided a Notice of Availability (NOA) for the proposed Draft EIR (SCH No. 2022080090) to the State Office of Planning and Research (OPR) and the Riverside County Clerk, and also published the NOA on October 31, 2023 in compliance with state law in the Press Enterprise, a local newspaper of general circulation, regarding the 45-day public review period; and
WHEREAS, the City made the proposed Draft EIR available for public review beginning October 31, 2023, and concluding on December 15, 2023, a period of not less than 45 days as prescribed by law; and which during said public review period, the City received 9 written comment letters concerning air quality, hazardous materials, land use and planning, noise, tribal cultural resources, parks and open space, public health, transportation, utilities and infrastructure, and water quality; and
WHEREAS, on February 8, 2024, the Riverside County Airport Land Use Commission (ALUC) found City of Eastvale Case No. PLN22-20015 (General Plan), a City-initiated proposal to adopt the new General 2040, consistent with the 2008 Chino Airport Land Use Compatibility Plan and with the 2004 Corona Municipal Airport Land Use Compatibility Plan.
WHEREAS, on February 11, 2024, the City of Eastvale City Clerk published a one-eighth page legal notice concerning Project No. PLN22-20015 in the Press Enterprise, a local newspaper of general circulation, regarding the Planning Commission meeting on February 21, 2024; and WHEREAS, the City of Eastvale Planning Commission conducted a duly noticed public hearing on February 21, 2024, at which public testimony was received concerning Project No. PLN22- 20015, and at which time the Commission considered the proposed project and recommended that the City Council approve of the Eastvale 2040 General Plan comprehensive update in accordance with California Government Code Section 65358 and the accompanying Environmental Impact Report in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15166; and
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WHEREAS, the City of Eastvale City Clerk Department on March 17, 2024, published a one-eighth page legal notice in compliance with state law concerning Project No. PLN22-20015 in the Press Enterprise, a local newspaper of general circulation, concerning the City Council meeting on March 27, 20247; and
WHEREAS, on March 17, 2024, the City Council conducted a duly noticed public hearing, at which time it received public testimony concerning Project No. PLN22-20015, and considered the FEIR (SCH No. 2022080090) and Statement of Overriding Considerations for Project No. PLN22-20015 pursuant to Section 15093 (Article 7) of CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: FINDINGS FOR ENVIRONMENTAL IMPACT REPORT
The City Council of the City of Eastvale, in light of the whole record before it, including, but not limited to, the City’s local CEQA guidelines and thresholds of significance, the Final EIR incorporated herein by reference, and all other documents incorporated therein by reference, any written comments received and responses provided, and other substantial evidence, within the meaning of Public Resources Code Sections 21080(e) and 21082.2, within the record and/or provided at the public hearing, hereby finds, determines, and certifies as follows:
A. Review Period: That the FEIR has been provided for public review within the duration required under CEQA Guidelines Sections 15087 and 15105.
B. Compliance with Law: That the FEIR 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. That the FEIR was presented to the City Council, and the City Council has reviewed and considered the information contained in the FEIR, and public testimony received thereon during the hearing, prior to any action on the project.
C. Independent Judgment: That the FEIR reflects and represents the City of Eastvale’s independent judgment and analysis and adequately addresses the impacts of, and proposes appropriate mitigation measures upon, the City’s actions in approving or taking action on proposed Project No. PLN22-20015.
D. Findings: That the City Council has reviewed and considered the CEQA Findings of Fact attached hereto in Exhibit A and incorporated herein by reference, finds that such Findings of Fact are supported by substantial evidence, and adopts the Findings of Fact. 2286
E. Statement of Overriding Considerations: That the Statement of Overriding Considerations attached hereto in Exhibit A and incorporated herein by reference was prepared and verifies that the proposed project will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened within the meaning of CEQA Guidelines Section 15093, and adopts the Statement of Overriding Considerations.
E. Modifications: That the modifications of the FEIR which have been made since circulation of the Draft EIR do not constitute the addition of new significant information to the EIR within the meaning of CEQA Guidelines Section 15088.5.
SECTION 2: GENERAL PLAN AMENDMENT
Based upon the staff report and oral report presented to the City Council meeting on March 27, 2024, and the recitals, facts, and findings set forth herein, the City Council of the City of Eastvale hereby approves the General Plan Amendment request under Planning Application No. PLN22- 20015 to adopt the Eastvale 2040 General Plan comprehensive update in accordance with California Government Code Section 65358.
SECTION 3. RECORD OF PROCEEDING
The documents and other materials that constitute the record of the proceedings upon which the City Council’s decision is based, which include but are not limited to the staff reports as well as all materials that support the staff reports for the proposed project, are located in the Planning Department of the City of Eastvale at 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752. The custodian of these documents is the City Clerk’s Office of the City of Eastvale.
SECTION 4. DETERMINATION
Based upon the findings outlined in Sections 1 through 3, the City Council approves PLN22-20015 and adopts the Eastvale 2040 General Plan comprehensive update in accordance with California Government Code Sections 65358, and further certifies the Environmental Impact Report for PLN22-20015.
PASSED, APPROVED AND ADOPTED this 27th day of March, 2024. ____________________________________
Christian Dinco
Mayor
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APPROVED AS TO FORM: ATTEST:
____________________________________ ____________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
(STATE OF CALIFORNIA)
(COUNTY OF RIVERSIDE) §
(CITY OF EASTVALE)
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 27th day of March 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
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