Exhibit 2.2-1 Project Site
CEQA Previous Environmental Determination GPA23003 & CZ23005
Exhibit 2.1-2 General Plan Amendment - Land Use Map
GPA 23003 – De Anza Market Place Shopping Center
GPA22003 is proposing the GPA on approximately 18.9-acres of developed area and approximately
1.89-acres of riparian habitat on the south side of Limonite Avenue east of Baldwin Avenue and west of Clay Street, and includes APNs 163-400-036, -037, -038, -040, -041, -042, -043, -044, and -045. With the adoption of the 2017 General Plan, the City designated the land use of the site as BP (Business Park).
As the majority of the parcels included in the GPA are currently zoned as Scenic Highway Commercial (C-P-S) the zoning is inconsistent with the 2017 General Plan BP designation. with a portion of parcel 163-400-042 designated as HHDR. Additionally, the majority of the parcels have been developed with commercial buildings and undeveloped parcel 163-400-036 and a portion of 163-400-037 contains riparian habitat. The GPA from BP to CR and OS-CH will correct the inconsistencies to reflect the actual land uses.
Table 2.1-1 Project Land Use and Proposed Land Use Amendment Assessor Parcel Number General Plan Land Use General Plan Amendment Acres 163-400-036 Business Park (BP) Open Space Conservation Habitat (OS-CH)
1.89 163-400-037 Business Park (BP) Commercial Retail (CR) 3.73 163-400-038 Business Park (BP) Commercial Retail (CR) 0.89 163-400-040 Business Park (BP) Commercial Retail (CR) 6.03 163-400-041 Business Park (BP) Commercial Retail (CR) 0.79 163-400-042 Business Park (BP)
A portion existing as HHDR
Commercial Retail (CR)
No Change to the HHDR portion
4.00 163-400-043 Business Park (BP) Commercial Retail (CR) 1.00 163-400-044 Business Park (BP) Commercial Retail (CR) 0.90 163-400-045 Business Park (BP) Commercial Retail (CR) 1.56
CEQA Previous Environmental Determination GPA23003 & CZ23005
Exhibit 2.2-3 Change of Zone Map
CEQA Previous Environmental Determination GPA23003 & CZ23005
CZ 23005 – De Anza Market Place Shopping Center
CZ23005 The majority of the site is currently zoned Scenic Highway Commercial (C-P-S ); with APN 163- 400-040, portions of APNs 163-400-037, and -042 zoned as Manufacturing- Service Commercial (M-SC); and a portion of APN 163-400-042 zoned as R-3. the adoption of the 2017 General Plan, the City designated the land use of the site as CR (Commercial Retail). The existing C-P-S zoning is developed with commercial uses and is consistent with the zoning of the properties along the south side of Limonite to the east/northeast of the site. A portion of the C-P -S zoning in the southeast corner is undeveloped riparian habitat and the zone change to W-1 will provide protection of this sensitive area.
The M-SC zoned area is currently developed with commercial use or located in the riparian habitat, and as such the zone changes to C-P-S and W-1 will provide consistency and protect the riparian habitat.
Table 2.1-1 Project Zoning and Proposed Zoning Changes Assessor Parcel Number Current Zoning Proposed Zoning Acres 163-400-036 Scenic Highway Commercial
(C-P-S)
W-1 1.89
163-400-037 Scenic Highway Commercial
(C-P-S) and portion as
Manufacturing – Service
Commercial (M-SC)
C-P-S portion changed to W-1
M-SC portion changed to W-1
3.73 163-400-038 Scenic Highway Commercial
(C-P-S)
No Change 0.89
163-400-040 Manufacturing – Service
Commercial (M-SC)
Scenic Highway Commercial
(C-P-S)
6.03 163-400-041 Scenic Highway Commercial
(C-P-S)
No Change 0.79
163-400-042 Manufacturing – Service
Commercial (M-SC) and a
portion existing as R-3
C-P-S
No Change to the R-3 portion
4.00 163-400-043 Scenic Highway Commercial
(C-P-S)
No Change 1.00
163-400-044 Scenic Highway Commercial
(C-P-S)
No Change 0.90
163-400-045 Scenic Highway Commercial
(C-P-S)
No Change 1.56
CEQA Previous Environmental Determination GPA23003 & CZ23005
3.0 ANALYSIS
Applicability of the 2017 Certified FEIR
If the zone changes are approved, the Project will incorporate the following as required by the adopted Mitigation Monitoring and Reporting Program (MMRP) adopted with the 2017 General Plan FEIR:
§ Plans, Policies, or Programs - These include existing regulatory requirements such as plans, policies, or programs applied to the Project-based on federal, state, or local law currently in place, which effectively reduce environmental impacts.
§ Mitigation Measures (MM) - These measures include requirements that are imposed where the impact analysis determines that implementation of the proposed Project would result in significant impacts; mitigation measures are proposed in accordance with the provisions of CEQA.
3.1 Significant and Unavoidable Impacts
The 2017 General Plan FEIR determined that the following impacts were significant and unavoidable for:
Agriculture
Conversion of Agricultural Land. Development in the City will eventually convert 2,500 acres of land currently used for agriculture to suburban land uses.
Loss of Prime Farmland. Development in the City will eventually cover over 612 acres of prime farmland and 2,077 acres of locally important farmland.
Cumulative Loss of Agriculture . Buildout of the City to rural and suburban uses will contribute to an overall decline and eventual loss of agricultural activities and resources from western Riverside County.
Air Quality
Violate Air Quality Standards. Long-term emissions from the operation of developed land uses in the future will exceed SCAQMD regional thresholds for ROC, NOx, CO, PM 10, and PM 2.5 even with implementation of the goals, policies, and programs of the General Plan and compliance with existing air pollution regulations.
Noise
Long-term Levels Exceedance of City Noise Standards. Future development in the City will contribute additional traffic which will cause noise levels along several major roadways to exceed City standards.
Cumulative Noise Impacts. Noise from traffic increases on local streets will contribute to cumulative noise impacts in the region as development occurs in the future.
CEQA Previous Environmental Determination GPA23003 & CZ23005
3.2 Findings
The following sections evaluate the Project against each of the criteria to determine if the impacts of the 2017 General Plan and 2017 General Plan FEIR have new, increased or unidentified significant effects:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effect.
Finding: The General Plan only dealt with establishing land use designations, and not the zoning classifications that would be used to implement the General Plan. Although the proposed Project includes a General Plan Amendment the existing development on the site pre -dates the 2017 General Plan EIR therefore, the Project is not making any changes that were not previously analyzed in the 2017 General Plan and GPFEIR. Additionally, the proposed Project will be changing a portion of the site to Open Space – Conservation Habitat which will decrease environmental effects that would have been created if the property was developed under the existing land use designations. The changes to the land use and zoning do not create substantial changes, require major revisions, or involve new significant environmental impacts beyond those previously identified. (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
Finding: The majority of the site is an existing commercial development that pre -dates the 2017 General Plan and GPFEIR parcel. The Project does not propose any new development to occur on any of the areas. The changes in zoning are to correct inconsistencies between the land use designations and zoning. Additionally, the proposed Project will be changing a portion of the site to Open Space – Conservation Habitat which will decrease environmental effects that would have been created if the property was developed under the existing land use designation. Therefore, the GPA and zone changes will not create new significant environmental effects or a substantial increase in the severity of previously identified significant impacts.
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration.
Finding: None of the areas are being used for agriculture. Additionally, the site is designated as “Urban and Built-Up Land” by the State Department of Conservation
1. As such, the Project site does not contain
any lands designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as 1California Department of Conservation, Farmland Mapping and Monitoring Program, https://databasin.org/datasets/b83ea1952fea44ac9fc62c60dd57fe48 , accessed February 21, 2024.
CEQA Previous Environmental Determination GPA23003 & CZ23005
mapped by the State Department of Conservation Farmland Mapping and Monitoring Program. In addition, no properties abutting the Project site are classified as Farmland. According to the County of Riverside, the site is not within an agricultural preserve. 2 As such the Project will not result in the loss of agricultural land.
No new development is proposed therefore, the Project will not result in impacts to Air Quality and Noise that are substantially more severe or have significant effects than were analyzed or not previously addressed in the 2017 General Plan FEIR.
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR.
Finding: None of the areas are being used for agriculture and the majority of the site is developed as commercial which pre-dates the 2017 General Plan and GPFEIR and as such the Project will not result in the loss that were not previously addressed in the 2017 General Plan FEIR. No development is proposed as part of the Project therefore, the Project will not result in Agricultural, Air Quality, or Noise impacts that are substantially more severe than were analyzed or addressed previously in the 2017 General Plan FEIR.
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
Finding: Certain impacts to the environmental categories analyzed in the 2017 General Plan FEIR, including cultural resources, geological resources, greenhouse gas emissions, and hydrology and water quality were found to be potentially significant, but could be mitigated to a less-than-significant level with implementation of policies contained in the General Plan. There are no mitigation measures or alternatives that were previously found not feasible that would now be feasible through the GPA and zone changes on the areas. Future development on any of the areas will be subject to the existing applicable 2017 General Plan policies. Therefore, there are no additional mitigation measures required than those contained in the 2017 General Plan FEIR.
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Finding: Certain impacts to the environmental categories analyzed in the 2017 General Plan FEIR, including cultural resources, geological resources, greenhouse gas emissions, and hydrology and water quality were found to be potentially significant, but could be mitigated to a less -than-significant level with implementation of policies contained in the 2017 General Plan. Future development on any of the areas will be subject to the existing applicable 2017 General Plan policies. Therefore, there are no additional mitigation measures required than are considerably different than those contained in the 2017 General Plan FEIR.
2 California Department of Conservation Riverside County Important Farmland Data Availability, Important Farmland Maps Riverside West 2018, https://www.conservation.ca.gov/dlrp/fmmp/Pages/Riverside.aspx, accessed February 21, 2024.
CEQA Previous Environmental Determination GPA23003 & CZ23005
4.0 Conclusion:
The Project is required to comply with existing PPPs and MMs per Resolution Number 2017-14 certifying the 2017 General Plan FEIR.
Based on the Review Process and the Planning Department Staff Report the General Plan Amendment and Zone Changes would not result in any new significant environmental impacts, substantially increase the severity of previously identified effects, or necessitate implementation of additional or considerably different mitigation measures than those identified in the 2017 General Plan FEIR. The effects associated with the General Plan Amendment and Zone Changes would be substantially the same as those reported for the approved 2017 General Plan FEIR, and is within the scope of the analysis contained in the 2017 General Plan FEIR and the Project does not create new significant impacts or substantially increase the severity of previously analyzed impacts as compared to those identified in the 2017 General Plan FEIR, thus no Supplemental or Subsequent Environmental Review is required.
ATTACHMENT 3
Municipal Code Chapters for C-P-S and B-P Zone
Title 9 - PLANNING AND ZONING
CHAPTER 9.125. C-P-S ZONE (SCENIC HIGHWAY COMMERCIAL)
Jurupa Valley, California, Municipal Code Created: 2021-09-03 14:47:19 [EST] ( Supp. No. 11)
CHAPTER 9.125. C-P-S ZONE (SCENIC HIGHWAY COMMERCIAL)
Sec. 9.125.010. Scope.
The provisions of this chapter shall apply in all C-P-S Zones.
Sec. 9.125.020. Uses permitted.
A. The following uses are permitted only in enclosed buildings with not more than two hundred (200) square feet of outside storage or display of materials appurtenant to such use, provided a site development permit shall have been approved pursuant to the provisions of Section 9.240.330:
(1) Ambulance services.
(2) Antique shops.
(3) Appliance stores, household.
(4) Art supply shops and studios.
(5) Auditoriums and conference rooms.
(6) Automobile parts and supply stores.
(7) Bakery goods distributors.
(8) Bakery shops, including baking only when incidental to retail sales on the premises. (9) Banks and financial institutions.
(10) Barber and beauty shops.
(11) Bars and cocktail lounges.
(12) Bicycle sales and rentals.
(13) Billiard and pool halls.
(14) Blueprint and duplicating services.
(15) Book stores and binders.
(16) Bowling alleys.
(17) Catering services.
(18) Ceramic sales and manufacturing for on-site sales, provided the total volume of kiln space does not exceed sixteen (16) cubic feet.
(19) Cleaning and dyeing shops.
(20) Clothing stores.
(21) Confectionery or candy stores.
(22) Costume design studios.
(23) Dance halls.
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(24) Delicatessens.
(25) Department stores.
(26) Drug stores.
(27) Dry goods stores.
(28) Electrical substations.
(29) Employment agencies.
(30) Escort bureaus.
(31) Feed and grain sales.
(32) Fishing and casting pools.
(33) Florist shops.
(34) Food markets and frozen food lockers.
(35) Gift shops.
(36) Hardware stores.
(37) Household goods sales and repair, including, but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof. (38) Hobby shops.
(39) Ice cream shops.
(40) Ice sales, not including ice plants.
(41) Interior decorating shops.
(42) Jewelry stores with incidental repairs.
(43) Labor temples.
(44) Laboratories, film, dental, medical, research or testing. (45) Laundries and laundromats.
(46) Leather goods stores.
(47) Locksmith shops.
(48) Mail order businesses.
(49) Manufacturer's agent.
(50) Market, food, wholesale or jobber.
(51) Massage parlors, Turkish baths, health centers and similar personal service establishments. (52) Meat markets, not including slaughtering.
(53) Mimeographing and addressograph services.
(54) Mobilehomes, provided they are kept mobile and licensed pursuant to state law, use for:
(a) Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, providing they are inconspicuously located. (b) Agricultural worker employment offices for a maximum of ninety (90) days in any calendar year.
Created: 2021-09-03 14:47:19 [EST]
( Supp. No. 11)
(c) Caretakers or watchmen and their families provided no rent is paid, where a permitted and existing commercial use is established. Not more than one (1) mobilehome shall be allowed for a parcel of land or a shopping center complex.
(55) Music stores.
(56) News stores.
(57) Notions or novelty stores.
(58) Nurseries and garden supply stores.
(59) Offices, business.
(60) One on-site operator's residence, which may be located in a commercial building. (61) Paint and wall paper stores, not including paint contractors. (62) Parking lots and parking structures.
(63) Pawn shops.
(64) Pet shops and pet supply shops.
(65) Photography shops and studios and photo engraving. (66) Plumbing shops, not including plumbing contractors. (67) Poultry markets, not including slaughtering or live sales. (68) Printers or publishers.
(69) Produce markets.
(70) Radio and television broadcasting studios.
(71) Recording studios.
(72) Refreshment stands.
(73) Restaurants and other eating establishments.
(74) Schools, business and professional, including art, barber, beauty, dance drama, music and swimming. (75) Shoe stores and repair shops.
(76) Shoeshine stands.
(77) Signs, on-site advertising.
(78) Sporting goods stores.
(79) Stained glass assembly.
(80) Stationery stores.
(81) Stations, bus, railroad and taxi.
(82) Taxidermist.
(83) Tailor shops.
(84) Telephone exchanges.
(85) Theaters, not including drive-ins.
(86) Tobacco shops.
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(87) Tourist information centers.
(88) Toy shops.
(89) Travel agencies.
(90) Typewriter sales and rental and incidental repairs. (91) Watch repair shops.
(92) Wedding chapels.
(93) Wholesale businesses with samples on the premises, but not to include storage. (94) Recycling collection facilities.
(95) Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption.
(96) Golf cart sales and service.
(97) Hotels, resort hotels and motels.
(98) Day care centers.
(99) Convenience stores, not including the sale of motor vehicle fuel. (100) Churches, temples and other places of religious worship.
B. Uses permitted by conditional use permit. The following uses are permitted, provided a conditional use permit has been granted pursuant to the provisions of Section 9.240.280:
(1) Automobile repair garages, body shops, spray painting shops. (2) Automobile sales and rental agencies.
(3) Boat sales, rentals and services.
(4) Car washes.
(5) Drive-in theaters.
(6) Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding twenty (20) cubic feet in capacity and other similar equipment. (7) Heliports.
(8) Liquid petroleum service stations, with or without the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed ten thousand (10,000) gallons. (9) Mortuaries.
(10) Sale, rental, repair, or demonstration of motorcycles, scooters or motorbikes of two (2) horsepower or greater.
(11) Animal hospitals.
(12) Sports and recreational facilities, not including motor-driven vehicles and riding academies, but including archery ranges, athletic fields, beaches, golf driving ranges, gymnasiums, miniature golf, parks, playgrounds, sports arenas, skating rinks, stadiums, and commercial swimming pools. (13) Tire recapping.
(14) Tire sales and services, not including recapping.
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( Supp. No. 11)
(15) Trailer and boat storage.
(16) Travel trailers, mobilehomes and recreational vehicles sales and service. (17) Truck sales and services.
(18) Trucks and trailers; the rental of trucks not over nineteen thousand, five hundred (19,500) pounds gross weight, with body not to exceed twenty-two (22) feet in length from the back of the cab to the end of the body; and the rental of trailers not exceeding six (6) feet in width or twenty-two (22) feet in length.
(19) Underground bulk fuel storage.
(20) All uses permitted in subsection (A) of this section that have more than two hundred (200) square feet of outside storage of display of materials.
(21) Gasoline service stations, with the concurrent sale of beer and wine for off-premises consumption. (22) Convenience stores, including the sale of motor vehicle fuel. (23) Liquor stores pursuant to the provisions of Section 9.240.490 (Alcoholic Beverage Sales).
C. The uses listed in subsections A. and B. of this section do not include sex-oriented businesses.
D. Accessory uses. An accessory use to a permitted use is allowed, provided the accessory use is established on the same lot or parcel of land, and is incidental to, and consistent with the character of the permitted principal use, including, but not limited to, limited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or service as the trade or service business conducted on the premises and providing any such related activity does not exceed any of the following restrictions:
(1) The maximum gross floor area of the building permitted to be devoted to such accessory use shall be twenty-five (25) percent.
(2) The maximum total horsepower of all electric motors used in connection with such accessory use shall be five (5) horsepower.
(3) The accessory use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to persons outside the premises.
Such accessory use shall be located not nearer than fifty (50) feet to any residential zone. (4) Accessory uses shall be conducted wholly within a completely enclosed building.
E. Any use that is not specifically listed in subsections A. and B. of this section may be considered a permitted or conditionally permitted use, provided that the Community Development Director finds that the propose d
use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.
F. It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section [9.240.080] that is not specifically listed in subsections a. and b. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoni ng
classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14[A3] adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing use shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use.
Created: 2021-09-03 14:47:19 [EST]
( Supp. No. 11)
(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2017-09 , § 8C., 9-21-2017; Ord. No. 2021-09 , § 4, 4-15-2021) Sec. 9.125.030. Planned commercial development.
Planned commercial developments are permitted, provided a land division is approved pursuant to the provisions of Title 7.
Sec. 9.125.040. Development standards.
The following shall be the standards of development in the C-P-S Zones:
(1) There is no minimum lot area requirement, unless specifically required by zone classification for a particular area.
(2) There are no yard requirements for buildings which do not exceed thirty-five (35) feet in height, except as required for specific plans. Any portion of a building which exceeds thirty-five (35) feet in height shall be set back from the front, rear and side lot lines not less than two (2) feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from the existing street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line or from an existing adjacent street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line.
(3) No building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to Section 9.240.370. In no event, however, shall a building or structure exceed seventy-five (75
) feet in height, unless a variance is approved pursuant to Section 9.240.270. (4) Automobile storage space shall be provided as required by Section 9.240.120. (5) All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand, three hundred and twenty (1,320) feet.
Title 9 - PLANNING AND ZONING
CHAPTER 9.112. B-P ZONE (BUSINESS PARK)
Jurupa Valley, California, Municipal Code Created: 2021-11-24 12:55:54 [EST] ( Supp. No. 12)
CHAPTER 9.112. B-P ZONE (BUSINESS PARK)
Sec. 9.112.010. Purpose and application.
The B-P Zone is intended to provide for research and development, light manufacturing, business sales and services and other business-supporting commercial uses. It is not intended to include general warehousing, shipping, or logistics. The B-P Zone implements and is consistent with the Business Park land use category of the General Plan.
( Ord. No. 2017-09 , § 5, 9-21-2017)
Sec. 9.112.020. Uses permitted.
A. The following uses are permitted:
(1) Bakery—Wholesale.
(2) Banks, financial services, ATMs.
(3) Business support services.
(4) Catering services.
(5) Copying and quick printer services.
(6) Laboratory—Medical, analytical, research, testing.
(7) Manufacturing—Light.
(8) Media production—Broadcast studio.
(9) Printing and publishing.
(10) Offices, professional sales and services, including business, law, medical, dental, chiropractic, architectural and engineering, public utilities.
(11) Restaurant.
(12) School—College, university, vocational, specialized training. (13) Social service organization.
(14) Transit stop, station or terminal.
(15) Veterinary clinic/hospital, boarding (indoor).
B. The following uses are permitted provided approval of a site development permit shall first have been obtained pursuant to the provisions of Section [9.240.330]:
(1) Ambulance, taxi, and/or limousine dispatch facility. (2) Antennas and telecommunications facilities.
(3) Automobile service stations, not including the concurrent sale of beer and wine for off-premises consumption.
(4) Commercial recreation facility—Indoor.
Created: 2021-11-24 12:55:54 [EST]
( Supp. No. 12)
(5) Conference facilities.
(6) Convenience market.
(7) Equipment sales and rental.
(8) Fitness/health facility.
(9) Maintenance services.
(10) Medical services—Clinic, urgent care.
(11) Microbrewery—Brewpub, craft brewery.
(12) Office-supporting retail.
(13) Parking lots and structures.
(14) Personal services—Nails, beauty salon, barber.
(15) Repair services—Electronic equipment, large appliances, etc. (16) Warehouse stores—Forty-five thousand (45,000) square feet or less gross floor area. (17) Work/live units.
(18) Vehicle services—Repair and maintenance.
(19) Studio—Art, dance, martial arts, music, etc.
C. The following uses are permitted provided a conditional use permit has been granted pursuant to Section [9.240.280]:
(1) Auto, truck, motorcycle, boat and RV sales, rental and repair. (2) Bar/tavern.
(3) Furniture and fixtures manufacturing, cabinet shop. (4) Hotel, motel, extended stay hotel.
(5) Heliports.
(6) Hospital.
(7) Mortuary, funeral home.
(8) Public safety facilities (police, fire, EMT, etc.)
(9) Warehouse stores—Greater than forty-five thousand (45,000) square feet gross floor area.
D. Uses not listed. Any use that is not specifically listed in Subsections A., B., and C. may be considered a permitted or conditionally permitted use provided that the Community Development Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.
E. Legally established uses. It is the intent of the City Council that a legally established pre-existing land use of an occupied property shall not assume a nonconforming status as a result of the adoption of the 2017 General Plan and the concurrent or subsequent adoption of a change of zone for consistency with the 2017 General Plan. Any pre-existing use certified pursuant to Section [9.240.080] that is not specifically listed in subsections A., B., and C. shall be considered a permitted or conditionally permitted use the same as provided for such use under the zoning classification of the subject property prior to the adoption of the new zoning classification concurrent with, or subsequent to, the effective date of City Council Resolution No. 2017-14 adopting the 2017 General Plan. The expansion of significant modification of such a pre-existing us e
Created: 2021-11-24 12:55:54 [EST]
( Supp. No. 12)
shall be subject to the approval process and zoning requirements that had governed the category of use in which it fell under the prior zoning classification. However, nothing in this subsection shall be construed to mean that a site development permit or conditional use permit is required to continue such pre-existing use. ( Ord. No. 2017-09 , § 5, 9-21-2017; Ord. No. 2021-09 , § 4, 4-15-2021) Sec. 9.112.030. Development standards.
The following shall be the standards of development in the B-P Zone:
(1) Lot size. The minimum lot size shall be one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780)) square feet with a minimum average lot width of one hundred (100) feet, minimum average lot depth of one hundred (100) feet and minimum lot frontage width of fifty (50) feet .
(2) Height. The maximum height of all structures, including buildings, shall be thirty-five (35) feet at the yard setback line. Any portion of a structure that exceeds thirty-five (35) feet in height shall be set back from each yard setback line not less than two (2) feet for each one (1) foot in height that is in excess of thirty-five (35) feet. All buildings and structures shall not exceed fifty (50) feet in height. (3) Landscaping. A minimum fifteen (15) percent of the net area of the site (exclusive of right-of-way) shall be landscaped and maintained, and automatic irrigation shall be installed. (4) Street setbacks. A minimum twenty-five (25) foot setback shall be required on any street. A minimum ten (10) foot strip adjacent to the street line shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular accessways. The remainder of the setback may be used for off- street automobile parking, driveways, or landscaping.
(5) Side yard setbacks. The minimum side yard setback shall equal not less than ten (10) feet for the tw o
(2) side lot areas combined.
(6) Rear yard setback. The minimum rear yard setback shall be fifteen (15) feet. (7) Other setbacks. A minimum one hundred (100) foot setback shall be required on any boundary where the business park property abuts a residential or commercially zoned property. A minimum of twenty (20) feet of the setback shall be landscaped. The other setback area may also be used for trails, bicycle, motorcycle and automobile parking, trash/recycling enclosure, driveways or landscaping. Block walls or other fencing may be required. Barbed wire or concertina wire shall not be allowed. (8) Screening. Parking, loading, trash and service areas shall be screened by structures or landscaping.
They shall be located in such a manner as to minimize noise or odor nuisance. Block walls or other fencing may be required.
(9) Outside storage. Outside storage shall be screened with structures or landscaping. Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. If a non-screened exhibit of products is proposed, it shall be part of the industrial park site development permit approved pursuant to Section [9.145.040], and shall be set back at least ten (10) feet from the street line.
(10) Parking. Parking shall be provided as required by [Section 9.240.120]. (11) Utilities. All new utilities shall be underground. (12) Roof-mounted equipment. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand three hundred twenty (1,320) feet. (13) Signs. All signs shall be in conformance with [Chapter 9.245].
Created: 2021-11-24 12:55:54 [EST]
( Supp. No. 12)
(14) Site lighting. All lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property. ( Ord. No. 2017-09 , § 5, 9-21-2017)
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Exhibit “C”
General Plan Amendment No. 23015
Section 1. Project.
(a) The City of Jurupa Valley City Council initiated Master Application (MA 23177) consisting of General Plan Amendment No. 23015 and Change of Zone No. 23018 in order to permit the construction of a proposed multi -family residential project located at 3883 Wallace Street (APN:181-063-010). The property owner purchased the property with the intent of constructing a single-family dwelling and accessory dwelling unit (ADU) on the vacant property (the “Project”) after being informed the proposed development would be allowed under the identified zoning and General Plan land use designations for the site based on the City’s existing Geographic Information System (GIS). When the property owner submitted a building permit for the single-family residence and ADU, it was discovered that the property actually has a General Plan land use designation of Commercial Retail (CR) and is zoned Rubidoux Village Commercial (R-VC), which would preclude the construction of the single -family dwelling and ADU on the site. As such, th e property owner is seeking to amend the General Plan designation from Commercial Retail (CR) to Medium High Density Residential (MHDR). Since the property owner acquired the Property based on erroneous GIS mapping information and the fact that the site i s located within an established single -family residential neighborhood, on July 6, 2023, the City Council approved the initiation of the General Plan Amendment No. 23015 and Change of Zone No. 23018 for the Property.
Section 2. General Plan Amendment.
(a) The property owner is seeking approval of G eneral Plan Amendment No. 23015 to amend Figure 2-5 (“2017 General Plan Land Use Plan”) of the Land Use Element of the City of Jurupa to change the General Plan land use designation of the subject parcel (APN: 181 - 063-010) from Commercial Retail (CR) to Medium High Density Residential (MHDR) as depicted in Attachment “C-1.”
(b) Section 9.30.010.A. of the Jurupa Valley Municipal Code provides that any amendment to any part of the Jurupa Valley General Plan, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and Chapter 9.30 of the Jurupa Valley Municipal Code.
(c) Section 9.30.010.B. of the Jurupa Valley Municipal Code provides that the initiation of proceedings for the amendment of any part of the Jurupa Valley General Plan shall be conducted in accordance with the provisions of Chapter 9.30 of the Jurupa Valley Municipal Code. (d) Section 9.30.040.D. of the Jurupa Valley Municipal Code provides that the owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property, shall have the right to apply for a Gen eral Plan amendment without having to request that the City Council adopt an order initiating proceedings for an amendment as detailed in Section 9.30.040. Instead, the owner of real property, or a person authorized by the owner, seeking to change the lan d use designation on that real property may apply for a General Plan amendment through the Planning Department and pay the required fee. -19-
Upon submittal of an application, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100 of the Jurupa Valley Municipal Code. (e) Section 9.30.100.(1) of the Jurupa Valley Municipal Code provides that proposals to amend any part of the Jurupa Valley General Plan shall be heard by the Planning Commission during a public hearing on the matter. Further, Government Code Section 65353 provides that when a city has a planning commission authorized by local ordinance or resolution to review and recommend action on a proposed general plan, the commission shall hold at least one public hearing before approving a recommendation on the adoption of a general plan. (f) Section 9.30.040(F)(2) provides that the Planning Commission resolution recommending approval of an Entitlement/Policy Amendment to the General Plan shall make the first two findings and any one of the following subsequent findings:
1) The proposed change does not involve a change in or conflict with the Riverside County Vision; any General Planning Principle set forth in General Plan Appendix B; or any Foundation Component designation in the General Plan. 2) The proposed amendment would either contribute to the purposes of the General Plan or, at a minimum, would not be detrimental to them. 3) Special circumstances or conditions have emerged that were unanticipated in preparing the General Plan.
4) A change in policy is required to conform to changes in state or federal law or applicable findings of a court of law.
5) An amendment is required to comply with an update of the Housing Element tor change in State Housing Element law.
6) An amendment is re quired to expand basic employment job opportunities (jobs that contribute directly to the city’s economic base) and that would improve the ration of jobs-to-workers in the city.
7) An amendment is required to address changes in ownership of land or land not under the land use authority of the City Council. (g) Section 9.30.100.(2) of the Jurupa Valley Municipal Code provides that after closing the public hearing, the Planning Commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the City Council with a copy mailed to the applicant. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. If the Planning Commission cannot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the City Council and shall be deemed a recommendation to deny the proposal. Further, Government Code Section 65354 provides that the planning commission shall make a written recommendation on the adoption of a general plan, that a recommendation for approval shall be made by the affirmative vote of not less than a -20-
majority of the total membership of the commission, and that the planning commission shall send its recommendation to the legislative body.
(h) Section 9.30.100. (3) of the Jurupa Valley Municipal Code provides that upon receipt of a recommendation of the Planning Commission on an amendment of the Ge neral Plan, the City Clerk must set the matter for public hearing before the City Council at the earliest convenient day and give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.
Section 3. Procedural Fin dings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) The application for the Project was processed including, but not limited to a public notice, in the time and manner prescribed by State law and Jurupa Valley Ordinances. (b) On February 14 , 2024, the Planning Commission of the City of Jurupa Valley held a public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony, the Planning Commission closed the public hearing. Following a discussion of the Project the Planning Commission voted 4-0, to adopt Planning Commission Resolution No. 2024-04, recommending approval of the Proj ect and finding the project is exempt pursuant to California Environmental Quality Act.
(c) On May 2, 2024, the City Council of the City of Jurupa Valley held a public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Following the receipt of public testimony, the City Council closed the public hearing.
Section 4. California Environmental Quality Act Findings. The City City Council of the City of Jurupa Valley make the following environmental findings and determinations in connection with the approval of the Project:
(a) Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub.
Res. Code § 21000 et seq.) and the State Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), the City Council has determined that the Project is exempt pursuant to S ection 15061(b)(3) Common Sense Exemption of the California Environmental Quality Act (CEQA) because CEQA only applies to projects which 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.
Section 5. Findings for Approval of General Plan Amendment. The City Council of the City of Jurupa Valley finds and determines that General Plan Amendment No. 23015 should be adopted because:
(a) The proposed change does not involve a change in or conflict with the Riverside County Vision; any General Planning Principle set forth in General Plan Appendix B; or any Foundation Component designation in the General Plan. -21-
(b) The proposed amendment would either contribute to the purposes of the General Plan or, at a minimum, would not be detrimental to them. 1) The General Plan amendment is consistent with the Land Use Element LUE 2.1 Residential Development policy to accommodate the development of single - family and multi -family residential units in areas appropriately designated by the General Plan, specific plans, the Equestrian Lifestyle Protection Overlay, and community and town center plans land use map. The Project would create property that would be intended to provide residential development near the Rubidoux Town Center Overlay.
2) The General Plan amendment is consistent with the Land Use Element LUE 2.2 Higher Density Residential policy to accommodate higher density residential development in walkable, pedestrian oriented areas near major transporta tion corridors, concentrated employment areas, and community and town centers, and promote the development of high quality apartments and condominiums that will encourage local investment and pride of ownership. The Project is for a medium high-density residential land use designation adjacent to a pedestrian oriented area near the Rubidoux Village and will provide the potential for residential development that can encourage local investment.
(c) Special circumstances or conditions have emerged that were unan ticipated in preparing the General Plan. The City seeks to change the land use of the Property from Commercial Retail to Multi-Family High Density to allow for a multi-family development due to the special circumstances of the site being an undeveloped property that lies between single-family homes. Although the land use designation and zone require that a commercial use be developed on the land, developing a commercial use on a 0.24-acre site surrounded by residential uses in not practical and would create compatibility issues with the surrounding residential neighborhood. It is also unlikely that the legal nonconforming sites located north of subject site would be developed with commercial uses due to the small lot sizes and neighboring residential uses.
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Attachment C-1