Tim Spykstra Crosspoint Church
Transcription
Tim Spykstra Crosspoint Church
Those persons wishing to speak on any item included on the agenda should fill out and submit to the City Clerk a Request to Speak form name and address which is available at the entrance to the optional City Council Chambers The City of Chino complies with the Americans with Disabilities Act If you require a reasonable accommodation to participate in this meeting please contact the City Clerk s Office 909 590 5562 at least 48 hours prior to the advertised starting time of the meeting Any documents produced by the City and distributed to a majority of the City Council regarding any agenda will be made available in the City Clerk s Office during normal business hours at located at 13220 Central Avenue Chino In addition such documents will be posted on the item on this City Hall City s website at www citvofchino orQ CHINO CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING CITY HALL COUNCIL CHAMBERS TUESDAY MARCH 4 2008 CLOSED SESSION 6 00 P M OPEN SESSION 7 00 P M AGENDA ROLL CALL Council Members Yates Ulloa Duncan Elrod Haughey CLOSED SESSION The City Council will recess to Closed Session CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Subdivision a of Section 54956 9 Randy and Darrilyn Erickson heirs to the Estate of Lindsey Erickson v City of Chino Case No CIVRS801441 Cub Scout Pack 204 FLAG SALUTE INVOCATION Tim Spykstra Crosspoint Church CEREMONIALS Proclamations Arbor Day March 13 2008 Presentations Presentation of plaque to Mayor Yates by Cub Scout Pack 204 CHINO CITY COUNCIUREDEVELOPMENT AGENCY MARCH 4 2008 Mayor s Home Beautification Award 2 March 2008 Recognition of Community Services Commissioner Irene Recognition of Retiring City Employee Hensley Officer David Remender CONSENT CALENDAR At this time members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion Unless a member of the public or City Council requests that an item be removed from the Consent Calendar al items will be acted upon as a whole and by one vote Items removed from the Consent Calendar will be acted upon separately folowing the Public Hearing procedures 1 Minutes February 2 Warrants Approve expenses as audited and within budget for warrants 864678 and handwritten warrants 900485 through 900487 through 3 19 2008 Regular meeting Citv Officials Travel Traininq and Meetinq Report Officials Travel Training and Meeting related expenses incurred by the City 4 S City Council business Approve funding sources for Project Appropriation of Earned Interest on Grant Funds earned from July 1 2007 and December 31 2007 on funds accounts M 864253 Receive and file the Report reflecting City 2007 2008 Street Rehabilitation Project Fundinq the 2007 2008 Street Rehabilitation 5 all Members present Appropriate grant funds the interest to the grant RC PUBLIC HEARINGS Prior to the vote of the City Council any member of the audience will have the address Council on any items listed under Public Hearings opportunity Council requests but it is not required that you state your name and address prior to making any remarks to 6 Introduction of Ordinance No 2008 01 Preserve Specific Plan Amendment No 2007 01 Amend the AR Airport Related land use designation of the Preserve Specific Plan to allow drive thru facilities and the off premise consumption of beer and wine subject to approval of a special conditional use permit Ordinance No 2008 01 Staff Open Resolution No 2008 008 Report by Brent Arnold and Close the Public City Planner Hearing CHINO CITY COUNCIUREDEVELOPMENT AGENCY MARCH 4 2008 1 RECOMMENDATION 2008 008 adopting introduction of 3 Conduct 2 adopt Resolution No a public hearing Negative Declaration and 3 approve the 2008 01 adopting Preserve Specific Plan read by number and title only and waive further Mitigated a Ordinance Amendment No 2007 01 reading of the Ordinance No to be ORDINANCE NO 2008 01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA AMENDING THE AR DESIGNATION OF THE AIRPORT RELATED PRESERVE SPECIFIC PLAN LAND USE TO ALLOW DRIVE THRU FACILITIES AND ALCOHOL SALES FOR OFF PREMISE CONSUMPTION OF BEER AND WINE SUBJECT TO THE APPROVAL OF A SPECIAL CONDITIONAL USE PERMIT PRESERVE SPECIFIC PLAN AMENDMENT NO 2007 01 M 7 S RC Introduction of Ordinance No 2008 02 Preserve Specific Plan Amendment No 2007 02 General Plan Amendment No 2007 02 and Aqricultural Contract Cancellation No 38 Adopt an addendum to the Environmental Impact Report for the Preserve Chino Sphere of Influence Subarea 2 amend various provisions of the Preserve Specific Plan related to circulation land and the review process approve the certification of tentative cancellation for Land Conservation Act Contract No 71 341 and removal of two parcels totaling 48 39 acres from the Chino Agricultural Preserve located on the approximately north side of Chino Corona Road Plan Staff Open Report by Chuck the just east of Main Street in the Preserve Specific of an ordinance to amend the approve Ordinance No Development Plan Section V of the Preserve Specific Plan 2008 02 Resolution Nos 2008 009 2008 010 2008 011 and 2008 012 area and use introduction Coe Director of and Close the Public RECOMMENDATION 1 Community Development Hearing Conduct a public hearing 2 adopt Resolution No 2008 009 adopting an Addendum to the Environmental Impact Report for The Preserve Chino Sphere of Influence Subarea 2 3 adopt Resolution No 2008 010 approving Specific Plan Amendment No 2007 02 4 adopt Resolution No 2008 011 approving General Plan Amendment No 2007 02 5 adopt Resolution No 2008 012 approving the Certification of Tentative Cancellation of Williamson Act Land Conservation Act Contract No 71 341 and removal of the approximate 39 48 acre site from the Chino Agricultural Preserve and 6 approve the introduction of Ordinance No 2008 02 to be read by number and title only and waive further reading of the Ordinance CHINO CITY COUNCIUREDEVELOPMENT AGENCY MARCH 4 2008 4 ORDINANCE NO 2008 02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA AMENDING SECTION V OF THE PRESERVE SPECIFIC PLAN WHICH ESTABLISHES THE DEVELOPMENT PLAN FOR THE PRESERVE PRESERVE SPECIFIC PLAN AMENDMENT NO 2007 02 M 8 S RC Introduction of Ordinance No 2008 03 General Plan Amendment PL08 0115 and Zone Chanoe PL08 0116 Adopt three resolutions and approve the introduction of an ordinance to change the General Plan and Zoning for a 4 0 acre property from Agricultural Transitional to General Industrial Ordinance No 2008 03 Resolution Nos 2008 013 2008 014 and 2008 015 Staff Report by Open Brent Arnold and Close the Public RECOMMENDATION 2008 013 1 City Planner Hearing Conduct public hearing 2 adopt Resolution No 3 adopt Resolution No 2008 014 PL08 0115 4 adopt Resolution No 2008 a Declaration adopting Negative approving General Plan Amendment 015 approving Zone Change PL08 a Ordinance No 2008 03 to be read reading 0116 by and 5 approve the introduction of number and title only and waive further of the Ordinance ORDINANCE NO 2008 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA APPROVING ZONE CHANGE ORDINANCE NO 89 12 PL08 0116 AMENDING WHICH ESTABLISHED THE ZONING MAP BY PLACING THE PROPERTY GENERALLY LOCATED NORTH OF FLOWER STREET AND EAST OF EL PRADO ROAD INTO THE M2 GENERAL INDUSTRIAL M S ZONE RC PUBLIC COMMUNICATIONS This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda Due to Council policy and Brown Act requirements action will not be taken Ordinance No 97 08 Agenda speakers to no more than five Redevelopment Agency NEW BUSINESS None Chino 5 Municipal any issues not on the Code Section 2 04 090 limits on minutes in which to address Council or the CHINO CITY COUNCIUREDEVELOPMENT AGENCY MARCH 4 2008 5 MAYOR AND COUNCIL REPORTS This is the time and place for the Mayor and Council Members to report on Council Committee Assignment Meetings that were held since the prescheduled last Regular Council Meeting and any other items ofinterest Upon request by an individual Council Member the City Council may choose to take action on any of the subject matters listed below Mavor Yates Mavor Pro Tem Ulloa Council Member Duncan Council Member Elrod Council Member Hauqhev Citv Attornev s Report Citv Manaqer Report s CIM Update Police Chiefs Report RECESS CITY COUNCIL TO THE REDEVELOPMENT AGENCY AGENDA Consent Calendar At this time members of the may present testimony as to why an item should be removed from the Consent Calendar for separate discussion Unless a public member of the public or Redevelopment Agency requests that an item be removed from the Consent Calendar al items will be acted upon as a whole and by one vote Items removed from the Consent Calendar will be acted upon separately folowing the Public Hearing procedures 1 Minutes 2 California Department of Forestry Award of Contract Cal Fire Boundarv Fencinq Proiect Award a contract to Judge Netting Inc Costa Mesa CA for the Cal Fire M February 19 2008 Regular meeting Boundary Fencing Project s RC all Members present CHINO CITY COUNCIL REDEVELOPMENT AGENCY MARCH 4 2008 6 Public Communications This is the time and place for the general about subjects that do not appear Agency and Brown Act public on the requirements to address the Agenda Redevelopment Agency policy Due to action will not be taken on any issues not Ordinance No 97 08 Chino Municipal Code Section 2 04 090 to no more than five 5 minutes in which to address Council Agenda speakers Redevelopment Agency on the limits or the Adiourn RECONVENE THE CITY COUNCIL AND ADJOURN The next Regular Meeting 7 00 p m I of the City Closed Session at 6 00 p Lenna J Tanner been has agenda 29 2008 February Lenna J Tanner City Clerk posted by City Clerk Council will be held on Tuesday March 18 2008 at if necessary in these Council Chambers m of the City of Chino do hereby certify that a copy of this 5 30 p m in the south window of City Hall on Friday c H I WHEREAS in 1872 tilefirst Arbor 10 o atnatio1V roc WHEREAS 2008 is the 135 N Day was lleld wIth overone million trees of the Iwliday and Arbor Day anlllversary is planted in Nebraska now absented and througlwut the nahan and the world and WHEREAS the Day City of Chmo has been previously lVHEREAS and recognized as a Tree City USA by The National Arbor Foundation and trees in our City increase property beautify our community and lHEREAS Y cooling wildlife trees costs can values erUlance the economic vitn hh at bUSiness reduce the erosion of our precIOus moderate thE temperature clean the air topsoil by wind and produce life giving o ygen heating and provide habitat tor water and areas cut and HEREAS lA trees are a renewable resource gzving us paper wood for our homes and fuel fur 0111 fires and WHEREAS benefits nahlral NOW through tile cooperation of the resuients of tile City of planhngs and proper c01Zsenlahon practices can pass of tree resource Chino and on the commumty groups enduring hentnge of a an vital to the ntIzens of Chino THEREFORE proclaim Wednesday I DENNIS R YATES March 13 2008 MAYOR OF THE CITY OF CHlNO do hereby as ARBOR DAY in the City of Chmo and encourage eadz citzzen to obsen1e this day by planting one or partzcipating in one or more programs that the sponsors of Arbor Day may provide more trees and PRESENTED THIS 4th DAY OF MARCH2008 M ATTEST V LENNA J A 0 7 1 8 8 t 1 I P J 0 P I J iI dJ j p i H TAN R City Clerk by 1vLayor s Jome Beautification jc 1 andCBrelu 4603 L a Tlianftyoufor tlie contmued Improvement in a su6stantza contn6utwn to tlie a 1Elric Causey and mamtenance overa appearance ofyour liome resu tmg of tlie commumty Presented 6y tfie 9rtayor and City CounciC of tlie City of Cliino Jvlarcfi 4 2008 jate Jl Dennis l i r CHINO CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS TUESDAY FEBRUARY 19 2008 OPEN SESSION 7 00 P M MINUTES ROLL CALL Council Members Yates Ulloa Duncan Elrod CLOSED SESSION FLAG SALUTE None Fire Board Member INVOCATION Haughey Rob DePartee Ray Marquez Calvary Chapel of Chino Hills CEREMONIALS Presentations Mayor Yates recognized Samuel L Contreras country Mr Contreras was joined by members US Marine Corps of his family for his service to our Members of the Chino Police Association and the Chino Police Management Association presented a donation to future Eagle Scout Quinn Eliason for his wheelchair project Police Chief Stewart introduced Sergeants Andy Bjelland newly promoted Police Officers Lieutenant Jeff Allison Corporals Kendall Mciver Alex Olteanu and and Frank Mena Ted Olden Jennifer Ares gave District a presentation regarding Inland Empire Resource Conservation CONSENT CALENDAR 1 Minutes February 2 Warrants Approve expenses as audited and within budget for warrants 864252 and handwritten warrants 900482 through 900484 through 5 2008 Regular meeting all Members present 863961 3 Citv Officials Travel Traininq and Meetinq Report Receive and file the City Officials Travel Training and Meeting Report reflecting City Council business related expenses incurred by the City 4 Bid Reiection Reject Project all Household Hazardous Waste Collection Facilitv Renovation Proiect bids for the Household Hazardous Waste Collection Facility Renovation The official copy of this document is on file in the City Clerk s Office CHINO CITY COUNCIL 2 FEBRUARY 19 2008 Riqht of Wav Dedications right of way dedication for 5 Park Avenue Park Phase 2 Parcel Map 16441 street and public Eucalyptus Avenue Marquette development utility Colleqe Park Phase 2 Accept the purposes at Central Avenue College Avenue and Chaffey Street for the College Adopt a resolution amending Appendix A Municipal Code relating to the requirement for City officers Amendment to the Conflict of Interest Code 6 of Chapter 2 60 of the Chino employees to file Statement and of Economic Interests Resolution No 2008 007 Council Member Duncan seconded by Council Member 0 roll call vote to Approve Consent Calendar Items 1 Moved by carried on a 5 Haughey through and 6 as presented AYES YATES DUNCAN ELROD HAUGHEY ULLOA NOES NONE NONE ABSENT PUBLIC HEARINGS None PUBLIC COMMUNICATIONS Denise Joe Clendening Malamphy addressed Council addressed Council regarding regarding the recent Hallmark Meat issue Habitat for Humanity UNFINISHED BUSINESS 7 Second Amendment to Peace Aqreement and Peace II Aqreement for the Chino Groundwater Basin Approve an amendment to the Peace Agreement and Peace II Agreement for the optimal management of the Chino Groundwater Basin City Attorney Gutierrez addressed Council Report by Jim Hill City Engineer with the amendment and agreement and conditions associated the regarding Staff documents Mayor Pro Tem Ulloa stated that she had requested staff do additional research on this item prior to the meeting because it is such a critical issue for the City Mayor Yates addressed the history behind the original Peace Agreement Moved by Council Member Elrod seconded by Council Member Duncan and roll call vote to authorize the execution of the Second carried on a 5 0 Amendment to the Peace Agreement and the Peace II Agreement AYES NOES YATES DUNCAN ELROD HAUGHEY ULLOA ABSENT NONE NEW BUSINESS NONE None The official copy of this document is on file in the City Clerk s Office CHINO CITY COUNCIL FEBRUARY 19 2008 3 MAYOR AND COUNCIL REPORTS Mayor Yates Mavor Pro Tem requested Ulloa reported on events attended since setting up a cleaning schedule for that staff look at the last Council Meeting the south side of Francis She east of Central Council Member Duncan No report Council Member Elrod requested an update on Chino Corona Road Mr Glover reported the gates were closed today due to weather but may be open at 6 00 a m tomorrow if weather permits Council Member Elrod also requested an update regarding this morning s accident involving a school bus Police Chief Stewart reported it was a private school bus and there were no serious injuries Council Member Hauqhev invited the Friday March 14 Citv Attorney s Report No report Citv Manaqer No report s Report Police Chief s Report public to attend the Soroptimist s upcoming Hoe Down on No report RECESS CITY COUNCIL TO THE REDEVELOPMENT AGENCY AGENDA The City Council recessed to the Redevelopment Agency at 7 56 p m RECONVENE THE CITY COUNCIL AND ADJOURN The City Meeting Council reconvened at 7 58 p City Council will be held of the Session at 6 00 p m and m on immediately adjourned Tuesday March 4 2008 at The next 7 00 p m Regular Closed if necessary in these Council Chambers APPROVED AND ADOPTED THIS 4th DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK ljt 08Min02 19 These minutes The official copy of this document is on are file in the not official until City Clerk s signed Office 2 MEMORANDUM FINANCE DEPARTMENT CITY OF CHINO COUNCIL MEETING DATE TO PATRICK J FROM DAVID D CAIN DIRECTOR OF FINANCE SUBJECT WARRANTS MARCH 4 2008 GLOVER CITY MANAGER RECOMMENDA TIOr1 expenses as audited and within budget for warrants 900486 and and handwritten warrants 900485 900487 Approve 864253 through 864678 FISCAL IMPACT None City Sufficient funds have been budgeted Cierk for this item Approved AYES DY GD NOES DY GD EE TH EU EE TH ABSENT DY EU GD EE TH ABSTAIN DY EU GD EE TH EU J J Denied Continued Tabled COUNCIL MEETING DATE MARCH 4 2008 SUBJECT VVARRANTS PAGE 2 BACKGROUND Having been approved as prescribed by Government Code Section 37202 and the following demand registers are herewith submitted for Council ratification NO WARRANTS 1 864253 TO 864471 8644 72 TO 864678 2 3 4 900485 900486 5 900487 FY AMOUNT 01 31 08 07 08 02 07 08 02 01 08 07 08 1 703 429 03 2 001 858 51 07 08 80 00 02 04 08 07 08 07 08 173 642 95 DATE 02 07 08 TOTAL Handwritten VVarrant ISSUES ANALYSIS None DC RB djm 37208 500 00 3 879 510 49 J MEMORANDUM CITY OF CHINO ADMINISTRATION DEPARTMENT COUNCIL MEETING DATE MARCH 4 2008 TO PATRICK J FROM LENNA J SUBJECT CITY OFFICIALS TRAVEL TRAINING AND MEETING REPORT GLOVER CITY MANAGER TANNER CITY CLERK RECOMMENDATION Receive and file the attached City Officials Travel Training and Meeting Report FISCAL IMPACT None City Clerk Approved AYES DY GD EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH J EU Denied Continued Tabled COUNCIL MEETING DATE MARCH 4 2008 SUBJECT CITY OFFICIALS TRAVEL TRAINING AND MEETING REPORT PAGE 2 BACKGROUND In accordance with Government Code Sections 43232 2 and 43232 3 implementing Assembly Bill 1234 AB1234 effective January 1 2006 the City adopted Resolution No relating to the City s Business Related Expense Policy In addition to requiring agencies to adopt a business related expense policy AB 1234 requires that City Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body 2005 093 local ISSUES I ANALYSIS In response to AB 1234 a City Officials Travel Training and Meeting Report Exhibit A has been created and will be placed on the City Council Agenda Consent Calendar as needed Exhibit A provides the required brief report on meetings that the Mayor and City Council Members have attended since the last held on Tuesday February flit Attachment Exhibit A 19 2008 regularly scheduled City Council Meeting CITY OFFICIALS TRAVEL TRAINING AND MEETING REPORT Event Date Meeting Purpose and Subject No MARCH 4 2008 Meetings to Matter City Official Attendees Report EXHIBIT A MEMORANDUM CITY OF CHINO PUBLIC WORKS DEPARTMENT COUNCIL MEETING DATE MARCH 4 2008 GLOVER CITY MANAGER TO PATRICK J FROM JOSE ALIRE DIRECTOR OF PUBLIC SUBJECT 2007 2008 STREET REHABILITATION PROJECT FUNDING WORKSAo r RECOMMENDATION 1 309 695 Council to approve the plan to use Proposition 1 B funds Rubberized Measure I funds approximately 160 000 Asphalt Concrete Targeted Incentive Grant 150 000 and General Fund approximately 384 000 for the 2007 2008 Street Rehabilitation Project and 2 authorize the City Manager to submit the 1 Request appropriate forms to the California Department of Finance FISCAL IMPACT Fund General Rubberized City 384 000 Measure I funds approximately and 150 000 from from Proposition 1 B Concrete Incentive Grant Program 160 000 Approximately from 1 309 695 Asphalt Approved Clerk AYES DY GD NOES DY GD EE ABSENT DY GD ABSTAIN DY GD J EE TH I EU TH EU EE TH EU EE TH EU J Denied Continued from the Targeted Tabled COUNCIL MEETING DATE SUBJECT MARCH 4 2008 2007 2008 STREET REHABILITATION PROJECT FUNDING PAGE 2 BACKGROUND Highway Safety Traffic Reduction Air Quality and Port Security Bond Act of 2006 approved by the voters as Proposition 1 B on November 7 2006 includes a program of funding for improvements of local streets and roads Funds apportioned to each city may be used for improvements to transportation facilities that will assist in reducing local traffic congestion and for the repair of City streets including pavement rehabilitation and construction of necessary drainage improvements The City of Chino will be the of 1 308 695 for Fiscal Year 2007 08 and 1 232 147 for Fiscal Year 2008 09 recipient The City must provide a list of specific projects estimated construction costs anticipated start dates and the project funding sources that include the Proposition 1 B funding An amount of approximately 160 000 is also available from Measure I Funds for street improvements The ISSUES I ANALYSIS The City s annual Street Rehabilitation 2 000 000 As for the required by Project the State staff includes work on six streets for a total of Council to approve funding sources 1 309 695 from Proposition 1 B requests 2007 2008 Street Rehabilitation Project General Fund approximately 384 000 Measure I funds approximately 160 000 and Exact amounts wili Targeted Rubberized Asphalt Concrete Incentive Grant 150 000 be determined upon award of the project JA NN lm hm jg MEMORANDUM CITY OF CHINO CHINO POLICE DEPARTMENT COUNCIL MEETING DATE TO PATRICK J FROM STAN STEWART CHIEF OF POLICE SUBJECT APPROPRIATION OF EARNED INTEREST ON GRANT FUNDS March 4 2008 GLOVER CITY MANAGER RECOMMENDATION Appropriate from the FY2007 2008 unappropriated reserves of the general expenditures for the following grants AB3229 FY06 07 for 4 098 58 BJA BJA FY07 08 for fund for additional grant FY06 07 for 1 600 57 and 46 05 FISCAL IMPACT Requires following the appropriation of interest earned from AB3229 06 07 4101 100 4000 5444 100 4101 4000 5443 JAG06 07 JAG07 08 City July 1 2007 through December 31 account numbers 4 098 100 4101 4000 5448 Clerk Approved AYES DY EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU J GD J 58 1 600 57 4605 Denied Continued Tabled 2007 to the COUNCIL MEETING DATE March 4 2008 SUBJECT Appropriation of Earned Interest on Grant Funds PAGE 2 BACKGROUND Grant funds are required to be deposited in a trust fund account Any interest earned on these funds must be used towards the specific expenditures stated in the grant The Finance Department provides the Police Department with the earned interest amount for each grant The interest earned therefore appropriated to each specific grant established by the grant requirements must be fund in order to expend the funds within the timeframe ISSUES I ANALYSIS City of Chino has accepted grants on behalf of the Police Department from the State of California and the Federal Government Grant expenditures are regulated by both entities and are very precise These as to what the funds will be used for and the timeframe in which the funds must be expended also to interest funds of the interest earned earned from the Appropriation regulations apply any grant The is recommended in order to SS SCE expend the funds within the regulated timeframe p MEMORANDUM CITY OF CHINO COMMUNITY DEVELOPMENT DEPARTMENT COUNCIL MEETING DATE MARCH 4 2008 TO PATRICK J GLOVER CITY MANAGER FROM CHARLES E COE DIRECTOR OF COMMUNITY DEVELOPMEN SUBJECT INTRODUCTION OF ORDINANCE NO PLAN AMENDMENT NO 2007 01 Ut 2008 01 PRESERVE SPECIFIC RECOMMENDATION 1 Conduct Negative adopting title only Public Hearing 2 Adopt Resolution No 2008 008 adopting a Mitigated Declaration and 3 Approve the Introduction of Ordinance No 2008 01 Preserve Specific Plan Amendment No 2007 01 to be read by number and a and waive further reading of the Ordinance FISCAL IMPACT None City Clerk Approved AYES DY GO NOES DY GD ABSENT DY GO ABSTAIN DY GD J J J EE TH EU EE TH EU EE TH EU EE TH EU Denied Continued Tabled MARCH 4 2008 COUNCIL MEETING DATE SUBJECT INTRODUCTION OF ORDINANCE NO 2008 01 PRESERVE SPECIFIC PLAN AMENDMENT NO 2007 01 PAGE 2 BACKGROUND The Preserve Specific Plan currently has 263 acres of land designated for Airport development The AR land use designation is intended to provide for a of that are directly related to and or complement the Chino Airport Drive thru uses range facilities and facilities for the off premise consumption of beer and wine are not currently permitted in the AR land use designation The applicant Parkcrest Development is proposing to amend the AR land use designation of the Preserve Specific Plan to allow drive thru facilities in connection with fast food operations and alcohol sales at a mini mart building for off premise consumption of beer and wine as conditionally permitted uses within the AR land use designation The proposed amendment is part of a project to develop a 3 2 acre site located at the southeast corner of Euclid Avenue and Kimball Related AR Avenue with a gas station mini mart drive thru car wash store and an in line commercial building The Planning a drive Commission Plan Amendment at their unanimously recommended approval February 4 2008 meeting thru convenience food of the Preserve Specific ISSUES ANALYSIS The AR land use designation of the Preserve Specific Plan allows a range of uses that Airport Typical permitted uses directly related to and or that complement include service stations offices and business park uses but do not include general retail uses The AR land use designation also permits uses that are permitted or conditionally the Chino are permitted in the BP Chino Zoning Code Staff Business Park supports permitting because food related traffic on uses Industrial zoning In that districts of the use designation complement the airport activities and the high volume of addition permitting these types of land uses would be are typically conditionally permitted at similar locations RF ro Attachments Light drive thru establishments in the AR land uses will Euclid Avenue consistent with land and M 1 Resolution No 2008 008 Ordinance No 2008 01 RESOLUTION NO 2008 008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AMENDMENT NO WHEREAS the Specific Plan 2003 and WHEREAS prepared a FOR PRESERVE SPECIFIC of Chino certified the Environmental Impact Chino Sphere of Influence Sub Area 2 SCH City Report for the Preserve on March 25 Planning Division has completed its review of an Initial Study Mitigated Negative Declaration tiered from the EIR for the proposed project and proposed project includes the 01 and Resolution No 2008 008 and WHEREAS the Planning Commission proposed project and concerning the Negative Declaration approval and or adoption WHEREAS all provisions of the California Government Specific Plan related to the proposed project public hearings and Preserve City of Ordinance No 2008 and City Council of the City of Chino held a public hearing Mitigated Negative Declaration and proposed project and WHEREAS the and reviewed and held a public hearing on February 4 2008 has recommended the City Council adopt the Mitigated WHEREAS the WHEREAS EIR 2000121036 the Chino WHEREAS the noticed PLAN 2007 01 Council has completed its following said public hearings following findings of fact study the of the City Code on March 4 2008 the Chino have been Municipal Code and complied with including Mitigated Negative Council on Declaration and has considered and clearly established the 1 Any advisory body of body shall consider public agency making a recommendation to the decision making the proposed Mitigated Negative Declaration before making its a recommendation The Chino Planning Commission as the advisory body has considered the Mitigated Negative Declaration MND dated March 22 2007 The MND reflects the independent judgment of the Planning Commission and has been completed in compliance with CEQA and is adequate for this proposed project 2 Prior to approving a project the decision making body of the lead agency shall consider proposed Mitigated Negative Declaration together with any comments received during the public review process The decision making body shall adopt the proposed Mitigated Negative Declaration only if it finds on the basis of the whole record before it that there is no substantial evidence that the project will have a significant effect on the the environment Resolution No 2008 008 Page 2 of 3 City Council finds that through feasible conditions placed upon the proposed project the potential significant environmental impacts have been eliminated and or substantially mitigated to a level that is not significant The Preserve Final EIR identified significant impacts which could not be mitigated to a level of less than significant Those impacts remain unmitigated and the Statement of Overriding Considerations previously adopted with the Final EIR remains in effect The Chino 3 adopting a Mitigated Negative Declaration the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based When The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of City of Chino Community Development Department Planning 4 Division 13220 Central Avenue Chino CA 91710 adopting a Mitigated Negative Declaration the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental When effects hereby adopts a Mitigation Monitoring Program in order to mitigate significant effects on the environment The approved project conditions of approval in conjunction with its corresponding permit description monitoring requirements is hereby adopted as the mitigation monitoring program for this project The Chino or 5 City Council avoid A lead agency shall not adopt a boundaries of a comprehensive Mitigated Negative Declaration for a project within the airport land use plan for a project within two nautical miles of a public airport or public use airport without first considering whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area The MND and Final EIR addressed all potential safety and noise hazards of the Chino Airport project Mitigation measures have been imposed on the project and all potential impacts have been mitigated on NOW The Preserve BE IT RESOLVED the City Council of the City of Chino Declaration for Preserve Specific Plan Amendment No 2007 01 THEREFORE Mitigated Negative APPROVED AND ADOPTED THIS DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK 4TH DAY OF MARCH 2008 adopts a Resolution No 2008 008 Page State of California County of San Bernardino City I 3 of 3 S of Chino Lenna J Tanner City Clerk of the City of duly adopted by the Chino City Council 2008 by the following votes was AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK Chino do at a hereby certify the foregoing Resolution regular meeting held on the 4th day of March ORDINANCE NO 2008 01 AN OF ORDINANCE THE CITY COUNCIL OF AR AIRPORT THE CITY RELATED OF CHINO LAND USE AMENDING THE DESIGNATION OF THE PRESERVE SPECIFIC PLAN TO ALLOW DRIVE THRU FACILITIES AND ALCOHOL SALES FOR OFF PREMISE CALIFORNIA CONSUMPTION OF BEER AND WINE SUBJECT TO THE APPROVAL OF A SPECIFIC PLAN SPECIAL CONDITIONAL USE PERMIT PRESERVE AMENDMENT NO The Council of the City Section 1 The Airport 2007 01 City of Chino California does Related AR Land Use hereby ordain Designation as follows of Section V of The Preserve premise consumption of Specific Plan shall be amended to allow drive thru facilities and the off beer and wine subject to approval of a Special Conditional Use Permit If any section subsection sentence clause phrase or portion of this or unconstitutional by any court of competent jurisdiction such determination shall not affect the validity of the remaining portions of this Ordinance The City Section 2 Severability Ordinance is held invalid 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 3 The Ordinance and printed and City Clerk of the City of Chino shall shall cause the same to be published within said City 18th DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK adoption of this general circulation to the passage and a newspaper of in accordance with the Code ADOPTED THIS certify published in provisions of the Government ORDINANCE NO 2008 01 Page 2 of 2 City of Chino County of San Bernardino S State of California City Clerk of the City of Chino do hereby certify the foregoing Ordinance the 18th day of March 2008 was duly adopted by the City Council at a regular meeting held on by the following votes I Lenna J AYES NOES Tanner COUNCIL MEMBERS COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK 7 MEMORANDUM CITY OF CHINO COMMUNITY DEVELOPMENT DEPARTMENT COUNCIL MEETING DATE MARCH 4 2008 TO PATRICK J FROM CHARLES E COE DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT INTRODUCTION OF ORDINANCE NO 2008 02 PRESERVE SPECIFIC PLAN AMENDMENT NO 2007 02 GENERAL PLAN AMENDMENT NO 2007 02 AND AGRICULTURAL CONTRACT GLOVER CITY MANAGER C Utv CANCELLATION NO 38 RECOMMENDATION 1 Conduct a Public Hearing 2 Adopt Impact Report Resolution No 2008 009 adopting an Addendum for The Preserve Chino Sphere of Influence Resolution No 2008 010 approving Specific Plan Amendment No to the Environmental Subarea 2 3 Adopt 2007 02 4 Adopt Resolution No 2008 011 approving General Plan Amendment No 2007 02 5 Adopt Resolution No 2008 012 approving the Certification of Tentative Cancellation of Williamson Act Land Conservation Act Contract No 71 341 and removal of the approximate 39 48 acre site from the Chino Agricultural Preserve and 6 Approve the introduction of Ordinance No 2008 02 to be read reading of the Ordinance by number and title only and waive further FISCAL IMPACT None City Clerk Approved AYES DY GO EE TH EU NOES DY GO EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH I I J EU J Denied J Continued Tabled J COUNCIL MEETING DATE SUBJECT March 4 2008 INTRODUCTION OF ORDINANCE NO PLAN AMENDMENT NO 2008 02 PRESERVE SPECIFIC 2007 02 GENERAL PLAN AMENDMENT 2007 02 AND AGRICULTURAL CONTRACT CANCELLATION NO 38 PAGE 2 BACKGROUND The project March of site is located within The Preserve approximately site approvals Pine Specific Plan which was approved in Preserve Development Corporation the applicant owns 1 125 acres in the Preserve and has obtained for master three approval and various development applications for the properties located north of 2003 Avenue constructed Chino To date 1 496 Other master site units have been approved with a total of 891 units and development applications approved outside approval applicant s holdings include two 20 acre residential developments by Distinguished Homes and John Laing Homes and one 37 acre residential development by Brehm Communities A total of 496 units have been approved and 79 units have been constructed within these developments of the The applicant Specific Plan Conservation is requesting approval of a General Plan Amendment and Preserve Amendment and the certification of tentative cancellation for Land Contract No 71 341 removing the 3948 acre site from the Chino Preserve The subject proposal encompasses approximately 522 acres which entails the remainder and entirety of the applicant s landholdings that are located south of Pine Avenue The project area includes 96 92 acres of ER Estate Residential Agricultural 16468 acres Residential of LDR 85 52 Core Community Neighborhood Low Density Residential 124 85 acres of MDR Medium Density of HDR High Density Residential 37 99 acres of CC Residential 31 05 acres of CC Non Residential and 3 acres of acres NC Commercial At build out the total estimated number of residential units south of Pine Avenue will be 4 015 The project also includes an Addendum to the Certified Environmental Impact Report EIR for The Preserve proposed amendments do not result in significant impacts from those identified in the original EIR 2 The On 13 Plan Sub Area different environmental Specific new or 2008 the Planning Commission unanimously recommended that the Council approve General Plan Amendment No 2007 02 Specific Plan Amendment No 2007 02 and Tentative Cancellation for Land Conservation Contract No 71 341 These applications require the City Council s approval The Planning Commission also February City approved Tentative Tract 02 These No 16420 and Preserve Master Site Approval No 2006 represent the first series of entitlements for the 522 acre project Map applications Approval The Master Site also includes approval of the Master Plan and Overall Design Concept the Plan for the Community Core area and revisions to The Preserve Residential Design Guidelines The aforementioned activities do not require the City Council s approval but are important components that supplement the General Plan and The Preserve Specific Plan amendments being requested Please note all associated documents review are available in the Community Development Department for information and COUNCIL MEETING DATE March 4 2008 SUBJECT INTRODUCTION OF ORDINANCE NO 2008 02 PRESERVE SPECIFIC PLAN AMENDMENT NO 2007 02 GENERAL PLAN AMENDMENT 2007 02 AND AGRICULTURAL CONTRACT CANCELLATION NO 38 PAGE 3 ISSUES ANALYSIS The proposed amendments to the Specific Plan and General Plan are not considered significant since the number of dwelling units land use acreages circulation pattern and design development standards are all consistent with the goals and objectives of the approved Preserve Specific Plan The primary areas addressed by the amendments are further discussed below Land Use The boundaries of the LDR and MDR land use designations at the northeast corner of the project area have been reconfigured to accommodate the future Homecoming product which will be a gated luxury rental product that will now front along Pine Avenue Circulation A number of changes have been proposed to the circulation plan for Plan Specific including relocation of the segment of Main Street located south of Loop Road to the west shifting the alignment of two east west streets Market and Legacy Park Streets to line up with streets in Riverside County Changes to the the roadway sections and standards have been amended to reflect more refined designs in the Community Core and as general clean up items to reflect street as built conditions School and Park Sites The conceptual locations for two shared elementary schools and park sites were moved One school and park site was relocated from the southern portion of the Community Core to the north to combine with other proposed community facility and recreational uses near Main and Market Streets The other school and park site was relocated from the northeast corner of the project area to the south to allow future development of the Homecoming and to buffer trail that runs community provide an opportunity to connect the park along the southern portion of the Preserve Bicycle and Paseo Trail Systems to the perimeter The bicycle trail system has been removed from East and West Preserve Loop Road where the transit lanes are located and where on street parking is located along Market Street and combined with the walkways to reduce possible safety conflicts The paseo trail connections have been relocated and modified at various locations throughout the plan area Also the equestrian trail has been relocated from the Euclid Avenue median to Mayhew Avenue Community Core A significant component of this project is the creation of more detailed development concepts for the Community Core As part of the Master Site Approval for the project area the Master Plan and Overall Design Concept has been prepared by the applicant to provide a greater level of detail on the land uses and development concepts to be used within the Community Core The Plan provides the framework for future development within the Community Core which is intended to resemble a traditional downtown that is pedestrian friendly and provides for a variety of uses including high density residential office commercial recreational and civic The design provisions of the Plan are March 4 2008 PRESERVE SPECIFIC INTRODUCTION OF ORDINANCE NO 2008 02 2007 02 AMENDMENT 2007 02 AND PLAN AMENDMENT NO GENERAL PLAN NO 38 AGRICULTURAL CONTRACT CANCELLATION COUNCIL MEETING DATE SUBJECT PAGE 4 intended to City ensure that the Core is Community developed consistent with the s vision The Master Site Development Process to allow an optional two step application Master Site Approval Level information to be Approval process has been Master Site Approval expanded Level B The two step process allows for more Level A when more submitted first project development design concepts are not information to be submitted with the yet B level known and more detailed A and general specific project application Land Conservation Contract agricultural contract No 71 341 was non renewed on May 13 2005 and the applicant is now requesting that the City approve the tentative cancellation of the contract for the subject prior to the termination date of December 31 2015 The properties as determined by the County Assessor paid prior to the final cancellation of the contract contracted 644 906 and will be fee is applicant over the past year to review and refine the proposed amendments to ensure that the changes are consistent with the City s vision of how development will occur within the Community Core and the entire project area In conclusion staff has worked closely Attachments Resolution No 2008 009 Resolution No 2008 010 Resolution No 2008 011 Resolution No 2008 012 Ordinance 2008 02 County Assessor Fee Letter Certificate of Tentative Cancellation MS ro with the RESOLUTION NO 2008 009 A RESOLUTION CHINO OF THE CITY COUNCIL OF THE CITY OF ADOPTING AN ADDENDUM TO THE SPECIFIC PLAN CHINO SPHERE OF CALIFORNIA PRESERVE INFLUENCE SUB AREA 2 CERTIFIED EIR FOR PRESERVE SPECIFIC PLAN AMENDMENT NO 2007 02 GENERAL PLAN AMENDMENT NO 2007 02 AND AGRICULTURAL CONTRACT CANCELLATION NO 38 WHEREAS the City of Chino certified the Environmental Impact Chino Sphere of Influence Sub Area 2 SCH Specific Plan 2003 Report EIR for the Preserve 2000121036 on March 25 and WHEREAS the City in compliance with the California Environmental Quality Act CEQA has prepared an Addendum dated January 9 2008 to the certified Preserve Chino Sphere of Influence Subarea 2 Final Environmental Impact Report SCH 2000121036 herein referred to as the Addendum which serves as the foundation document for the environmental review and WHEREAS the WHEREAS the 2008 010 Planning Commission of the City of Chino reviewed and held a public hearing 2008 concerning the proposed project and has recommended the City Council February 13 adopt the Addendum on includes the approval and or adoption of Ordinance No 2008 Resolution No 2008 011 and Resolution No 2008 012 and proposed project 02 Resolution No and WHEREAS the City Council of the City of Chino held Addendum and proposed project and a public hearing WHEREAS California Government Code Preserve the noticed all provisions of the Specific Plan related to public hearings and WHEREAS the WHEREAS and clearly 1 City Council has following said established the proposed project completed its study on March 4 2008 on the Chino have been Municipal Code and complied with including of the Addendum and public hearings the City Council following findings of fact of the City of Chino has considered The City has prepared an Addendum dated January 9 2008 to the certified Preserve Subarea 2 Final Environmental Impact Sphere of Influence Report SCH 2000121036 as none of the conditions specified in Government Code Section 15162 calling for the preparation of a subsequent EIR have occurred Chino 2 The Addendum will be attached to the certified Preserve Chino Sphere of Influence Subarea 2 Final Environmental Impact Report SCH 2000121036 3 The Addendum has been considered with the certified Preserve Chino Sphere of Influence Subarea 2 Final Environmental Impact Report SCH 2000121036 during review of and prior to making a decision on the proposed project Resolution No 2008 009 Page 2 of 2 4 An explanation of the decision not to prepare a subsequent EIR has been included in the explanation is supported by substantial evidence Addendum and this NOW THEREFORE BE IT RESOLVED the City Council of the City of Chino adopts an Plan Amendment No 2007 02 General Plan Amendment No Specific 2007 02 and Agricultural Contract Cancellation No 38 Addendum for Preserve APPROVED AND ADOPTED THIS 4TH DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San City of Chino I Lenna J Bernardino S Tanner City Clerk of the City of was duly adopted by the Chino City Council 2008 by the following votes AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK Chino do at a hereby certify the foregoing Resolution regular meeting held on the 4th day of March RESOLUTION NO 2008 010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA AMENDING VARIOUS PROVISIONS OF THE PRESERVE SPECIFIC PLAN RELATED TO CIRCULATION LAND USE AND THE REVIEW PROCESS SPECIFIC PLAN AMENDMENT NO 2007 02 WHEREAS the and City of Chino the City adopted The Preserve PRESERVE Specific Plan on March 25 2003 WHEREAS the City in compliance with the California Environmental Quality Act CEQA has Addendum dated January 9 2008 to the certified Preserve Chino Sphere of prepared Influence Subarea 2 Final Environmental Impact Report SCH 2000121036 which serves as the foundation document for the environmental review and an WHEREAS the City has received an application for a Specific Plan Amendment to The Preserve Specific Plan to amend various provisions related to circulation land use and the review process as shown in The Preserve Specific Plan amended February 2008 by EDAW AECOM and described below Text Changes Title Page add amended 2 2008 First page add Amended on February 2008 Irvine California 92612 949 660 8044 by Pages pagination changes Page strike i vi revised Table of Contents to reflect EDAW AECOM 2737 Campus 232 5th paragraph strike B replace with Legacy Park Street Bon View and Sultana replace with Mayhew and Rincon Meadows Page 251 2nd paragraph provided strike will be and replace with have been Drive 6th paragraph and strike and Page 270 under Review Site Approval submittals Process add There is an optional two step process for Master Master Plans that are very large in size and encompass I e 20 acres or more areas of land that have not evolved enough to include product placement unit counts park locations street locations pedestrian connection points between parcels or other details may be submitted in two applications Master Site Approval A correspond to Master Site Approval B Typically the two step process will conveyance map and Tentative Tract Map submittai respectively Master Plans that are smaller in size and have a more evolved level of detail including proposed product types units by parcel pocket park locations etc may be submitted under the Master Site Approval B If the developer has the detail that is necessary to demonstrate master plan concepts then the two step process is not required and a Master Site and a Approval B application can Page 274 1st paragraph add hyphen paragraph strike 62 and replace with Page 277 3rd paragraph add period be submitted between off and site add 63 and strike 63 and replace at end of paragraph after Chino ed to with need 62 last Resolution No 2008 010 Page 2 of 3 Figure Changes 7 Page Figure East Preserve East name callouts to West Preserve Loop and Use Plan add street name callouts to West Preserve Loop and Loop Figure 7 Land Preserve Loop Page add street 1A Land Use Plan 41 Page 235 Figure 21 Landscape Structure Diagram revise street names add Market and Westgate Streets delete Main Street south of Loop Road to Chino Corona Road reflect changes to pine tree species on Pine Avenue from West to East Preserve Loop Road add the Icon Streets north of Pine Avenue 237 239 replace the monument photos with the illustrations for the proposed monuments approved for implementation north of Pine Avenue replace neighborhood enhancement photo with concept photo for Pine and Main Gateway Page 241 Figure 22 Gateway Plan revise to reflect minor gateways at Market Street Legacy Park Street at Chino Corona Road and Westgate and Chino Corona Road Delete the major gateway at Chino Corona Road at Hellman and the Major Community Gateway at Main Street at Chino Corona Road Page and WHEREAS Preserve Hellman City the Specific Council of the City of Chino has Plan Amendment herein referred to as completed its study of proposed project and the proposed WHEREAS the Planning Commission of the City of Chino reviewed and held a public hearing on February 13 2008 concerning the proposed project and has recommended the City Council approve the Preserve Specific Plan Amendment and WHEREAS the City Council has completed its study of the proposed project WHEREAS the City Council of the City of Chino held a public hearing Preserve Specific Plan Amendment and related applications and on and March 4 2008 on the WHEREAS all provisions of the California Government Code and Chino Municipal Code related to the proposed project have been complied with including noticed public hearings and WHEREAS following said public hearings following findin9s of fact the City Council has considered and clearly established the Specific Plan Amendment No 2007 02 1 The proposed Specific Plan Amendment is internally consistent with the General Plan as it will preserve the development of various established land uses within the Preserve Specific Plan area that enhance the adjacent surrounding land uses and provide for balanced development within a master planned area and 2 The proposed Specific Plan Amendment will not be detrimental to the public interest safety convenience or welfare of the City as it will modify and improve the circulation system provide new street sections document staff policies allow more flexibility in the application process and will update exhibits and health Resolution No 2008 010 Page 3 of 3 3 The proposed Specific Plan Amendment will maintain the appropriate balance of land within the City as the Specific Plan amendment is not significantly modifying the land use distribution but only has slight changes resulting in a negative 2 2 percent density change and uses 4 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 requested modifications and anticipated development WHEREAS it has been determined that no additional significant environmental associated with the proposed project and an Addendum has been prepared NOW THEREFORE Addendum regarding BE IT RESOLVED the proposed project APPROVED AND ADOPTED THIS 4TH the City Council of the City impacts of Chino adopts are an DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San City of Chino I Bernardino Lenna J Tanner City Clerk of the City of Chino do hereby certify the foregoing Resolution duly adopted by the Chino City Council at a regular meeting held on the 4th day of March 2008 by the following votes was AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK RESOLUTION NO 2008 011 A RESOLUTION CHINO PLAN WHEREAS the City CITY COUNCIL OF THE CITY OF AMENDING THE PRESERVE AREA OF THE CALIFORNIA GENERAL PLAN AMENDMENT NO 2007 02 of Chino the City adopted The Preserve Specific Plan on March 25 2003 and WHEREAS prepared Influence as City in compliance with the California Environmental Quality Act CEQA has Addendum dated January 9 2008 to the certified Preserve Chino Sphere of Subarea 2 Final Environmental Impact Report SCH 2000121036 which serves the an the foundation document for the environmental review WHEREAS the City has received Preserve Area Plan and an application for a and General Plan Amendment to amend The WHEREAS the City Council of the City of Chino has completed a study of the General Plan Amendment herein referred to as the proposed project and WHEREAS the concerning Plan the Planning Commission proposed project and reviewed and held a proposed public hearing on February 13 2008 City Council approve the General has recommended the Amendment and WHEREAS the City Council has completed its study of the City Council of the City of Chino held a General Plan Amendment and related applications and WHEREAS the WHEREAS to the proposed project public hearing and on March 4 provisions of the California Government Code and Chino Municipal proposed project have been complied with including noticed public hearings WHEREAS all said following established the following public hearings findings of fact the City Council 2008 on the Code related and has considered and clearly General Plan Amendment No 2007 02 1 The proposed General Plan Amendment is internally consistent with the General Plan development of various established land uses within The Preserve as it will preserve the Plan Specific balanced 2 The 3 The area that enhance the within a master development adjacent surrounding planned area and land uses and provide for proposed General Plan Amendment will not be detrimental to the public interest health safety convenience or welfare of the City as it will modify and improve the circulation system provide new street sections document staff policies allow more flexibility in the application process and will update exhibits and City proposed as amendment will maintain the the General distribution but change and only appropriate balance of land uses within the not significantly modifying the land use slight changes resulting in a negative 2 2 percent density Plan Amendment has is Resolution No 2008 011 Page 4 In the 2 of 2 of an amendment to the general plan land use map the subject site is a suitable site including but not limited to parcel size shape access of utilities and compatibility with adjoining land uses for the requested modifications and anticipated development case physically availability WHEREAS it has been determined that no additional significant environmental associated with the proposed project and an Addendum has been prepared NOW THEREFORE Addendum regarding BE IT RESOLVED the proposed project APPROVED AND ADOPTED THIS 4TH the City Council of the City impacts of Chino adopts are an DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San Bernardino City I S of Chino Lenna J Tanner City Clerk of the City of was duly adopted by the Chino City Council 2008 by the following votes AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK Chino do at a hereby certify the foregoing Resolution regular meeting held on the 4th day of March 2008 012 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY CANCELLATION OF CHINO OF LAND TENTATIVE APPROVING CONTRACT NO 71 341 FOR ASSESSOR PARCEL CONSERVATION NUMBERS 1057 181 19 AND 1057 181 20 AND REMOVAL OF THE SUBJECT PRESERVE 3948 ACRE SITE FROM THE CHINO AGRICULTURAL CALIFORNIA AGRICULTURAL CONTRACT CANCELLATION NO 38 WHEREAS the of Chino City The Preserve adopted Specific Plan and Preserve Area Plan in March 2003 and WHEREAS City of Chino has prepared an Program Environmental Impact Report certified Influence the Subarea 2 SCH 2000121036 Addendum dated which EIR January for The Preserve serves as 2008 to the 9 Chino of Sphere the environmental document for the contracted property and WHEREAS the loss of prime farmland acceleration of Williamson Act contract non renewals and cancellations and off site relocation of dairies were identified as unavoidable significant impacts adopted in the EIR and a Statement of Overriding Considerations for these impacts was and WHEREAS the proposed Agricultural Contract Cancellation will not have a significant adverse impact except for those for which a Statement of Overriding Considerations has been adopted An Addendum to the EIR has been prepared which identified no anticipated significant environmental impacts resulting from the proposed project and on the environment WHEREAS Agricultural the City assumed responsibility upon annexation Preserve and Agricultural Contracts which existed in the the Chino WHEREAS long as City Council has gone the landowner desires and in support for administration and of the area on record in support of agricultural uses for as of conversion to urban uses when the landowner desires and WHEREAS the contract and remove City has reviewed a request from the landowner the land from the Chino Agriculture WHEREAS the request has been processed procedures adopted by the City Council and WHEREAS the concerning WHEREAS the Planning Commission application and proposed has reviewed and held Planning Commission has completed approval by the City Council and WHEREAS notice of WHEREAS in accordance with the the recommended the City public hearing Council has has been published completed its to cancel its a provisions duly agricultural study and distributed study of the of state law and advertised of the application public hearing application according cancellation is consistent with the Williamson Act and is in the indicated below an Preserve and and to law and finding that public interest the as Resolution No 2008 012 Page 2 of 5 Williamson Act findings 1 The cancellation is for land Notice of 2 non renewal on on which a notice of Contract 71 341 was non May renewal has been served 13 2005 Cancellation is not likelv to result in the removal of adiacent lands from aqricultural The use petitioned land developer of is surrounded on the west north and east by land owned by the The Preserve Specific Plan The new owner Lewis has temporarily of the land back to prior landowners for non soil dependent livestock uses master leased some and short term cropping These interim uses have been or are in the process of being Land to the south and southeast is generally below the 566 flood line and not designated for urban development Land on the southeast is owned by United States discontinued Army Corp remains in of Engineers for flood control purposes Land immediately to the agricultural ownership and operation including a 10 acre goat ranch south and a dairy that is under an active Williamson Act contract In short the 2003 Preserve Specific Plan represents the de facto agricultural conversion decision and any current agricultural use is merely for interim property maintenance purposes pending actual construction on lands that were either never under Williamson Act contracts or upon which the contracts have already been terminated Land to the southeast is dedicated to flood control purposes by public acquisition Properties to the south are largely zoned AG OS N Agricultural and Open Space Natural and separated from the developing portions of The Preserve by a planned linear park OS R The subject properties may stay in agricultural use at the discretion of the property owners and could not be converted to developed without addressing the following general plan and zoning resolution of flood and park status of the property and a Williamson Act contract termination for the property to the southwest None of these scenarios appear causally related to the proposed cancellation changes 3 uses a Cancellation is for an alternative use which is consistent with the applicable provisions of the Citv s General Plan The proposed General Plan 4 alternative adopted use for the is consistent with both The Preserve by the City on March 25 2003 Specific Plan and the area Cancellation will not result in discontinuous patterns of urban development The Preserve is a site specific planned community of approximately 2 262 developable portion being developed by Lewis Planned Communities comprises 1 125 acres Development of the Specific Plan area has been underway since 2003 since the plan was approved and the land was annexed to the City Development of the Specific Plan area began in the area immediately south of Kimball in the central and eastern portions of the plan area The public benefits of the Specific Plan and the need to develop it in an orderly manner in the face of scattered remaining Williamson Act contracts were fully considered in the approval of cancellations of contracts on the Rohr Durrington and Van Vliet properties in 2004 and the Fullmer property in 2006 acres of which the Resolution No 2008 012 Page Development of the first two phases in the northern portion complete or in varying stages of completion Specifically 800 homes have been sold and another 250 Infrastructure of The Preserve is are under now 3 of 5 either construction for Phase 1 located south of Kimball north of Pine and east of Rincon Meadows providing for 2 000 homes is development west of Hellman substantially complete Phase 2 from Kimball to Pine and east to Hellman is under construction The reclaimed water developer Lewis is building sewers water storm drainage streets parks schools and recreational facilities and amenities totaling more than 125 000 000 in expenditures to date Immediately pending improvements on the east include improvements on Hellman and a major storm drainage line The next development phases will be south of Pine including the subject property Infrastructure construction is scheduled to start in 2008 to make land ready for builder construction in 2009 2010 the time the Williamson Act cancellation can be completed the cancellation be parcel may only months away from infrastructure development The City believes that cancellation is now ripe and that the Rodrigues land will be needed for timely plan completion far earlier than its expiration through non renewal at the end of 2014 In short 5 by contracted land which is both available and suitable for the alternative proposed land use or the development of the subiect property will provide more contiquous patterns of urban development than development of proximate non There is no proximate non contracted land The Preserve is a site specific planned community in a metropolitan urban infill area density quality of life and community integration features of the plan are unique to Chino and uncommon in the region In order to realize the compact smart growth features and environmental benefits of the plan its development need to be carried out within the next decade as located Because the area components contains covered by The Preserve plan both contract and noncontract lands in patterns that are irregular and do not facilitate plan implementation the cancellation of the contract lands is necessary for timely plan implementation No other lands in the City are zoned for similar uses nor can other lands provide the community and regional values attributable to the development of the proposed uses in the plan area The subject cancellation property is the last Williamson Act parcel controlled by Lewis in the plan development area No other non contracted land could be substituted for the cancellation property in carrying out the orderly completion of the next phases of development The scale Finally development of this contracted land and other contracted land within The Preserve together with included noncontract and previously cancelled land will provide more contiguous effective and high quality development patterns than a strategy based solely on the development of the original irregular patterns of noncontract land Leaving the cancellation parcel out until expiration through non renewal would block or make dysfunctional significant portions of the plan infrastructure For example a significant part of the southern portion of the planned and partly constructed Main Street Loop road that integrates the entire Specific Plan area is sited on the cancellation property and could not be constructed under the contract Resolution No 2008 012 Page 4 of 5 Public Interest Findings 1 Other public concerns substantiallv outweiqh the obiectives of the Williamson Act Because the cancellation can be found to be consistent with the Williamson Act there are no apparent inconsistencies to be outweighed The cancellation is in the regional and statewide public interest because it represents the optimal use of an infill opportunity of significant scale in a major existing metropolitan region The Preserve Specific Plan provides a residential and community context unlike any other available in Chino or neighboring communities It complements the economic and job based development occurring on lands to the west and is compatible with the general aviation facility to the north with the evolving environmental features and resources of the Prado Basin to the south and with the urbanization in Riverside County to the east It is both relatively high density and high amenity making it a comparatively efficient conversion of farmland It avoids the institutional uses and other physical constraints that make other land in Chino unavailable as a site for a project of its character and magnitude These project benefits substantially outweigh the relatively limited temporary and speculative benefits that continued agricultural use of the subject property would confer on the local or statewide public during contract expiration through non renewal Because the prior dairying operation was not soil dependent and was partially covered by structures it has had only limited resource based agricultural or open space value Although continuation of that agricultural use for the balance of the contract non renewal periOd is allowable it is ultimately a potential nuisance in an urbanizing area and its agricultural benefits would be better realized by encouraging its timely relocation to a In addition if the realization of the infiil opportunity represented by more suitable area The Preserve plan implementation were to be impeded or delayed a likely consequence might be the premature conversion to urbanization of an equal or greater amount of more remote 2 farmland Development of the subiect property will provide more contiquous patterns of urban development than development of proximate non contracted land The Preserve is a site specific planned community in a metropolitan urban infill area The scale density quality of life and community integration features of the plan are unique to Chino and uncommon in the region In order to realize the compact development components smart growth features and environmental benefits need to be carried out within the next decade as located of the plan its Because the area covered by The Preserve plan contains both contract and noncontract lands in patterns irregular and do not facilitate plan implementation the cancellation of the contract lands is necessary for timely plan implementation No other lands in the City are zoned for similar uses nor can other lands provide the community and regional values attributable to the development of the proposed uses in the plan area The subject cancellation property is the last Williamson Act parcel controlled by Lewis in the plan development area No other non contracted land could be substituted for the cancellation property in carrying out the orderly completion of the next phases of development that are Finally development of this contracted land and other contracted Preserve together with included noncontract and previously cancelled land within The wiil provide land Resolution No 2008 012 Page 5 of 5 based contiguous effective and high quality development patterns than a strategy noncontract land on the of the of Leaving original irregular patterns solely development the cancellation parcel out until expiration through non renewal would block or make dysfunctional significant portions of the plan infrastructure For example a significant part of the southern portion of the planned and partly constructed Main Street Loop road that integrates the entire Specific Plan area is sited on the canceilation property and more could not be constructed under the contract BE IT RESOLVED the City Council of the City of Chino does hereby Resolution for Agricultural Contract Cancellation No 38 thereby this adopt granting approval of tentative cancellation of Williamson Act Contract No 71 341 and removing 39 48 the acre site from the Chino Agricultural Preserve for Assessor Parcel Numbers 1057 NOW THEREFORE approve and 181 19 and 1057 181 20 APPROVED AND ADOPTED THIS 4TH DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San City of Chino Bernardino 3 City Clerk of the City of Chino do hereby certify the foregoing Resolution was duly adopted by the City Council a regular meeting held on the 4th day of March 2008 by the following vote I Lenna J Tanner AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS LENNA J TANNER CITY CLERK ORDINANCE NO 2008 02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA AMENDING SECTION V OF THE PRESERVE SPECIFIC PLAN WHICH ESTABLISHES THE DEVELOPMENT PLAN FOR THE PRESERVE PRESERVE SPECIFIC PLAN AMENDMENT NO 2007 02 The Council of the City City of Chino California does hereby ordain as follows Section 1 The Preserve Specific Plan shall be amended to include the following of Section V as shown in The Preserve Specific Plan amended EDAW AECOM text and by Text figures changes Page 50 Table 3 add note 13 regarding Exterior Property changes to the February 2008 Setbacks Page 113 Section V CC6i3 sentence 5 strike shall be approved by the Planning Commission prior to development of the Community Core and add has been developed and is available as a separate document 2nd paragraph strike 200 replace with 199 4th paragraph replace with 199 and strike with equestrian trail 5th strike 200 replace with 199 6th paragraph strike with an paragraph trail the east side on equestrian Page strike 155 200 st 5th paragraph strike 103 and strike replace with 27 6th after collectors strike the strike 114 replace with paragraph add 123 add excluding landscape lots and strike 66 and replace with h 74 y paragraph strike this replace with these add s to section Page 156 1 add and paragraph replace with strike 130 replace with 30 and 136 136 before the 1st paragraph strike liner replace with linear 2nd paragraph except for emergency situations on shoulder and access to this facility is controlled in order to minimize potential conflicts 5th paragraph strike Sultana Bon View replace with Mayhew and Rincon Meadows strike A and B replace with Market and Legacy Park 6th para9raph Page 157 strike strike s from Page 158 uses 1 st add paragraph the on relocated and combined with the Transit lanes are located to reduce Street bike lane should be Road where the walkway Loop add possible conflicts 2nd paragraph d In the commercial core Main Street s and strike It s 3 para9raph In the commercial core a add and add before special strike pedestrian signal priority and mid block crossings strike Beyond the boundaries of the Loop Roads Main Street can return to a local collector strike Main Street outside the commercial unique pedestrian friendly Page two 206 and Schools replace on 1st paragraph with one core should be a sequence of events is add which last paragraph strike 2008 02 Page 2 of 3 ORDINANCE NO Page t 210 1 paragraph strike 30 and replace with 24 Figure Changes Page 153 Figure 9 Circulation Plan north of Pine and on streets south of Pine Avenue details as built conditions to street sections both north and See individual street sections in specific changes on revised to reflect changes Plan for C 2 E2 G2 Specific New Sections added include 12 M2 T1 T9 U Z and AA FF 159 181 Pages Street Sections Street Sections north of Pine update Avenue to reflect as built conditions and any proposed changes Update Street Sections south of Pine Avenue to reflect any proposed changes Page 183 184 changes to the Page 193 Table 6 Roadway Segment Description to reflect update street sections Figure 13 Bicycle revise street Plan names correct paseo from Kimball to Bickmore between Rincon Meadows and Mill Creek on paseo Market Street from West Preserye Loop to East Preserye add Loop revise paseos from Chino Corona Road to Legacy Park Street correct offstreet bike path on Bickmore from Rincon Meadows to Mill Creek and at Hellman intersection next to Class II add add Off street next to Class I paseo widths vary see street and On street sections for detailed to Class I widths Figure 14 Equestrian Plan remove equestrian trail symbol on from Kimball to Highway 71 and relocate along east side of Mayhew from Kimball to Pine Avenue Revise conceptual route below Page 195 Euclid Pine to Page align with Figure 201 Mayhew 15 Paseo and Community correct paseo from Meadows and Mill Creek add paseo street names Preserve Road to Open Space System revise Kimball to Bickmore between Rincon Loop to East Legacy Park Preserve Street on Market Street from West revise paseos from Chino Corona note paseo widths vary see street Loop add sections for detailed widths Page 207 Figure 16 Parks and Schools Plan Conceptual and schools north of Pine Avenue to reflect revise parks built conditions and any and schools south of Pine Avenue to proposed changes revise parks reflect all proposed changes revise 10 Section 2 to as school acreages from 15 10 and 12 12 and 10 12 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 invalidity Severability subsection sentence clause or phrase hereof irrespective of any determination of ORDINANCE NO 2008 02 Page 3 of 3 Section 3 The City Clerk of the Ordinance and shall cause the printed and published City of Chino shall within said City Code ADOPTED THIS 18th DENNIS R YATES certify published in to the passage and adoption of this a newspaper of general circulation in accordance with the provisions of the Government same to be DAY OF MARCH 2008 MAYOR ATTEST LENNA J TANNER CITY CLERK City of Chino County of San Bernardino State of California I Lenna J was by Tanner City duly adopted by following votes the l Clerk of the City City Council at the AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK a of Chino do hereby certify the foregoing Ordinance regular meeting held on the 18th day of March 2008 OFFICE OF ASSESSOR 172 Vest Third Su eet San Bernardino County CA 92415 0310 of San BelnaJ dino BILL POSTMUS Assessor October 25 2007 Ms COMMUNITY DEVELOPMENT Maria Star RECEIVED City Planner City of Chino P 0 Box 667 OCT 2 9 2007 Chino Califomia 91708 0667 Subject Cancellation of Williamson Act Contract 71 34I Dear Ms Star Our office has completed the cancellation value appraisal on the Assessor s Parcel Numbers indicated below also known as Land Conservation Contract Number 71 341 This parcel is currently assessed under the terms ofthe Williamson Act It is the of these opinion of the Assessor s Office that as of October parcels was the value shown in the following table though free 25 2007 the fau market value The land was appraised as of contractual restrictions Assessors Full Cash Value Pncel Number Acr eage Cancellation Fee ofLand 1057 181 I9 21 7 2 835 756 x 1057 181 20 1778 2 323 490 x 5 12 354 470 12 5 290 436 TOTAL CANCELLATION FEE Pursuant to Government Code Section 5 I 203 the property owner or the 644 906 Department of Conservation may request a formal review ofthe valuation ifthey disagree with it and have 45 days fiom the date ofthis notice to reply This notice is given pursuant to Government Code Section 51283 IfoUl office can be of further assistance Mountain Avenue between the a S hour of8am and Hogan Supervising District Appraiser BILL POSTMUS Assessor San Bernardino County contact Geza Stefan at 23 I4 South Oul telephone nnmber 5pm Monday through Friday V James P please Suite C Ontario CA 91762 II for is 909 458 1300 Recording requested by City of Chino When recorded return to of Chino City Lenna Tanner City Clerk Attn 13220 Central Avenue Chino CA 91710 CERTIFICATE OF TENTATIVE CANCELLATION OF WILLIAMSON ACT LAND CONSERVATION CONTRACT 71 341 RODRIGUES In accordance with Article 5 Chapter 7 Division 1 of Title 5 beginning with Section 51280 of the Government Code of the State of California the City Council of the City of Chino has granted tentative approval of a petition by Chino Preserve Development Corporation hereinafter referred to as the landowner for cancellation of the following described Land Conservation Contract Land Conservation Contract No 71 341 For Assessor Parcel Nos 1057 181 19 and 1057 181 20 approximately 39 48 acres totaling LEGAL DESCRIPTION See Attached The petition for cancellation land that has been 38 adopted by the accompanied by a proposal for a specific alternative use of the approved by City Council by Agricultural Contract Cancellation No City Council on March 4 2008 was the Chino The City Council of the City of Chino will in accordance with Government Code Section 51283 4 b within thirty 30 days of receipt of written notice from landowner that the conditions and contingencies hereinafter set forth have been satisfied make its determination whether or not such conditions and contingencies are in fact satisfied and if it determines that they are satisfied will execute by its Mayor a Certificate of Cancellation of that portion of the Agricultural Preserve Contract covering the land described above and cause the same to be recorded The conditions and Cancellation A by the contingencies which must be satisfied prior Mayor of the City of Chino are as follows to execution of a Certificate of The cancellation fee determined in accordance with Government Code Section 51283 to be in the amount of 644 906 shall be paid in full provided however that should a Certificate of Cancellation not be issued within one year from the date of the recording said cancellation fee shall be recomputed of the date of notice described in subdivision b of Government Code Section 4 or the date the landowner requests a recomputation provided that the City 51283 of this Tentative Certificate of Cancellation as Council satisfied B concurs The as applicant required in that all conditions and contingencies shall obtain all necessary approvals and Government Code Section 51283 4 contained herein have been permits to commence the project satisfy the above conditions and contingencies they shall so notify the City Council of the particular conditions or contingencies which they are unable to satisfy Within thirty 30 days after receipt of such notice and upon a determination that the landowner is in fact unable to satisfy such conditions and contingencies the Chino City Council by its Mayor shall execute a Certificate of Withdrawal of this Certificate of Tentative If the landowner has been unable to Cancellation and cause such certificate to be recorded APPROVED AND ADOPTED THIS 4TH DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss CITY OF CHINO I Lenna J the City City Clerk of the City of Chino do hereby certify that at a regular meeting of City of Chino held on the 4th day of March 2008 the foregoing Certificate Cancellation was passed and adopted by the following vote to wit Tanner Council of the of Tentative AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS IN WITNESS HEREOF Chino this day of I have hereunto set my hand and affixed the official seal of the 2008 Date By LENNA J TANNER CITY CLERK CITY OF CHINO City of EXHIBIT A LEGAL DESCRIPTION APN 1057 181 19 20 THE SOUTHERLY 1866 9 FEET OF GOVERNMENT LOTS 10 AND 11 TOWNSHIP 2 SOUTH SECTION 33 RANGE 7 WEST SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL DECEMBER 30 1881 EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED IN THE DEED FROM MARIE PORTER ET AL RECORDED MAY 8 1970 IN BOOK 7440 PAGE 27 OFFICIAL RECORDS SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF I r uO 0 L 10 J 939 20 r o 420 o 2J 1057 181 20 1057 181 19 o J o J D D D D co m 1 o GO LOT SCALE 1 300 1 1 1 o J C Zw J C IZ JW J C 2727 63 927 87 CHINO CORONA ROAD NOTE ALL DISTANCES SHOWN HEREON ARE RECORD DISTANCES PER RS 118 LI lnG En9ineers planners surveyors 96 101 2151 Convention Center Way Suite 100 Ontario California 91764 4464 Phone 909 937 0200 Fax 909 937 0202 EXHIBIT B SKETCH TO ACCOMPANY LEGAL DESCRIPTION MEMORANDUM CITY OF CHINO COMMUNITY DEVELOPMENT DEPARTMENT COUNCIL MEETING DATE MARCH 4 2008 TO PATRICK J GLOVER CITY MANAGER FROM CHARLES E COE DIRECTOR OF COMMUNITY SUBJECT INTRODUCTION OF ORDINANCE NO 2008 03 GENERAL PLAN AMENDMENT PL08 0115 ZONE CHANGE PL08 0116 DEVELOPMENTC v RECOMMENDATION Hearing 2 Adopt Resolution No 2008 013 adopting a Negative Declaration Adopt Resolution No 2008 014 approving General Plan Amendment PL08 0115 4 Adopt Resolution No 2008 015 approving Zone Change PL08 0116 and 5 Approve the Introduction of Ordinance No 2008 03 to be read by number and title only and waive further reading of the Ordinance 1 Conduct a Public 3 FISCAL IMPACT None City Clerk Approved AYES DY GD EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GO EE TH EU Denied I Continued Tabled COUNCIL MEETING DATE SUBJECT MARCH 4 2008 INTRODUCTION OF ORDINANCE NO AMENDMENT PL08 0115 2008 03 GENERAL PLAN ZONE CHANGE PL08 0116 PAGE 2 BACKGROUND Companies is requesting to change the General Plan and Zoning for a property from A9ricultural Transitional to General Industrial located on the east The Carson o 4 acre side of EI Prado Road and north of Flower Street The the 19 development of an industrial building on a is necessary to facilitate parcel zoned M2 General request acre Industrial that The Carson Companies proposes to build This parcel was previously owned by the Inland Empire Utilities Agency IEUA The 4 acre Agricultural O Transitional area is located within the 19 acre parcel see Exhibit A The applicant has agreed to pay a Planning Commission Commission meeting also fee to offset the conversion of the approved the project at their The agricultural property 13 2008 February Planning ISSUES ANALYSIS Because of the small size of the property its location along EI Prado Road and the fact that it is isolated from other agricultural zoned property in the area the Planning Commission determined the change in land use designation to be reasonable Consistent with Carson of 10 939 per construction of 4 376 which is MK s past agricultural conversion the City has determined that a fee will be collected to pay for the future purchase of land and or dairy museum The Carson Companies has agreed to pay a fee of acre a proportional to the size of the property ro Attachments Exhibit A Location Map Resolution No 2008 013 Negative Declaration Resolution No 2008 014 General Plan Amendment Resolution No 2008 015 Zone Ordinance No 2008 03 Zone Change Change Exhibit A Location General Plan Amendment PL09 0115 l0 1 1tr i3ft itr t 2j Map Zone Change PL08 0116 l o t J t J t 1 t G c RESOLUTION NO 2008 013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO DECLARATION FOR CALIFORNIA ADOPTING A NEGATIVE GENERAL PLAN AMENDMENT PL08 0115 AND ZONE CHANGE 4 ACRES OF LAND GENERALLY LOCATED 0 FOR NORTH OF FLOWER STREET AND EAST OF EL PRADO ROAD APN 1027 201 04 PL08 0116 of Chino certified the Environmental of Influence Subarea 1 General Plan Amendment WHEREAS Sphere the City EIR Impact Report SCH 96081033 for the Chino August 18 on 1998 and WHEREAS prepared a the Chino Planning Division has completed Negative Declaration tiered from the EIR for the its review of an proposed project Initial Study and and and or adoption of Resolution No 2008 014 Resolution No 2008 015 and Ordinance No 2008 03 and WHEREAS the proposed project includes the approval WHEREAS the Planning Commission reviewed and held a public hearing on February 13 2008 concerning the proposed project and has recommended the City Council adopt the Negative Declaration and WHEREAS the City Council of the City of Chino held Negative Declaration and proposed project and a public hearing on March 4 2008 provisions of the California Government Code and Chino Municipal the proposed project have been complied with including noticed public hearings WHEREAS all to WHEREAS the City Council has completed its WHEREAS following said public hearings established the following findings of fact 1 study the of the City Negative Council on the Code related and Declaration and has considered Any advisory body of a public agency making a recommendation body shall consider the proposed Negative Declaration and clearly to the decision before making making its recommendation The Chino Declaration Planning ND Commission dated as the advisory body has considered the Negative 1 2008 The ND reflects the independent judgment of February Commission and has been completed in compliance with CEQA and is Planning adequate for this proposed project the 2 approving a project the decision making body of the lead agency shall consider the proposed Negative Declaration together with any comments received during the public review process The decision making body shall adopt the proposed Negative Declaration only if it finds on the basis of the whole record before it that there is no substantial evidence that the project will have a significant effect on the environment Prior to Resolution No 2008 013 Page 2 of 2 3 When adopting a Negative Declaration the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of City of Chino Community Development Department Planning Division 13220 Central Avenue Chino CA 91710 4 A lead agency shall not adopt a Negative Declaration for a project within the boundaries of a comprehensive airport land use plan or for a project within two nautical miles of a public airport or public use airport without first considering whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area The is consistent with the Chino Airport Comprehensive Land Use Plan Section 20 06 and 040 Airport Overflight Area of the City s Zoning Code and will not result in safety hazards or noise problems for persons using the airport or persons proposed project working NOW in the project area THEREFORE Negative BE IT RESOLVED the City Councjl of the City of Chino adopts Declaration for PL08 0115 General Plan Amendment PL08 0116 Zone Change APPROVED AND ADOPTED THIS 4TH a DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San Bernardino City of Chino City Clerk of the City of Chino do hereby certify the foregoing Resolution duly adopted by the Chino City Council at a regular meeting held on the 4th day of March 2008 by the following votes I Lenna J l Tanner was AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK RESOLUTION NO 2008 014 A OF THE CITY COUNCIL OF THE CITY OF GENERAL PLAN CALIFORNIA APPROVING RESOLUTION CHINO FROM PL08 0115 AMENDMENT AGRICUL TURAL TRANSITIONAL TO GENERAL INDUSTRIAL FOR 04 ACRES OF LAND GENERALLY LOCATED NORTH OF FLOWER STREET AND EAST OF EL PRADO ROAD APN 1027 201 04 the City to approve a General Plan Industrial for a O 4 acre parcel generally Amendment from APN 1027 201 04 and located north of Flower Street and east of EI Prado Road WHEREAS application has been received by Agricultural Transitional to General an WHEREAS the Chino Amendment and WHEREAS the Planning Division has completed its study of the proposed General Plan Planning Commission reviewed and held a public hearing on February 13 2008 proposed General Plan Amendment and has recommended the City Council the General Plan Amendment and the approve concerning WHEREAS all to the proposed hearings of the California Government Code and Chino Municipal Code related General Plan Amendment have been complied with including noticed public provisions and the and Amendment WHEREAS WHEREAS established City Council has completed following said public hearings the following findings of fact the its study City of the Council proposed General has considered and Plan clearly 1 The proposed general plan amendment is internally consistent with the General Plan as the affected parcel meets the minimum location and parcel design criteria specified by the Subarea 1 General Plan for the establishment of the General Industrial land use In addition the property has an existing designation of Agricultural designation Transitional and is envisioned to transition into an industrial land use 2 The proposed general plan convenience amendment will not be detrimental to the welfare of the City as the industrial land safety development that is consistent development to the east health 3 or with the public public interest will provide utilities facilities to the north and industrial use proposed general plan amendment will maintain the appropriate balance of land within the City as the amendment will not significantly reduce the amount of land designated for agricultural uses throughout the City nor will it significantly increase the amount of land designated for industrial uses The uses 4 The subject site is physically suitable for the general plan amendment limited to parcel size shape access availability of utilities and adjoining land uses for the requested land use designation including but not compatibility with and anticipated Resolution No 2008 014 Page development as there is similar available and will be easily development surrounding Utilities are readily connected to the site it has been determined that with the General Plan Amendment and a WHEREAS No the site 2 of 2 no significant Negative environmental impacts are prepared Declaration has been associated Resolution 2008 013 NOW THEREFORE BE IT RESOLVED the 0115 General Plan Amendment APPROVED AND ADOPTED THIS 4TH City Council of the City of Chino approves PL08 DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San Bernardino City S of Chino City Clerk of the City of Chinq do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 4th day of March 2008 by the following votes I Lenna J Tanner AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK RESOLUTION NO 2008 015 OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA APPROVING ZONE CHANGE PL08 0116 TO REZONE THE SUBJECT PROPERTY FROM AG GENERAL AGRICULTURE TO 4 ACRES OF LAND GENERALLY M2 GENERAL INDUSTRIAL FOR 0 A RESOLUTION LOCATED NORTH OF FLOWER STREET AND EAST OF EL PRADO ROAD APN 1027 201 04 WHEREAS application has been received by the City to approve a Zone Change from the Agriculture Zone to the M2 General Industrial Zone for a 04 acre parcel an AG General 201 04 generally located north of Flower Street and east of EI Prado Road APN 1027 WHEREAS the Chino Planning Division has completed its study of the proposed Zone and Change and WHEREAS the Commission reviewed and held a public hearing on February 13 2008 Zone Change and has recommended the City Council approve the Planning proposed concerning the Zone Change and WHEREAS all Chino to the provisions of the California Government Code and proposed Zone Change have been complied with including noticed WHEREAS the City Council has completed its WHEREAS following said public hearings established the following findings of fact 1 The as proposed the 04 changes is acre City proposed Council Zone Change has considered and and clearly is consistent with the goals and policies of the General Plan of land that is subject to the proposed land use designation a larger parcel General Plan that meets the minimum location and for the establishment of the parcel industrial criteria land use proposed zone change is reasonable and beneficial and in the interest of good zoning practices as the proposed changes would allow for a logical extension of the M2 General Industrial zone The project site is surrounded to the north east and west by industrial development 2 The 3 The proposed zone change will not have a significant adverse impact environment as an Initial Study Checklist has been prepared and there anticipated environmental impacts resulting from the proposed project The zone parcels change and land industrial 5 the the of the change area part of specified by designations 4 zone study Municipal Code related public hearings and on are the no adversely affect the harmonious relationship with adjacent in that the proposed industrial designation is adjacent to existing to the north and east will not uses development subject site is physically suitable for the zone change including but not limited to parcel size shape access availability of utilities and compatibility with adjoining land uses for the requested land use designation and anticipated development as there is The Resolution No 2008 015 similar development surrounding the site Utilities are readily Page 20f2 available and will be easily connected to the site it has been determined that WHEREAS with the Zone 013 Change NOW THEREFORE 0116 Zone and a Negative no significant environmental Declaration has been BE IT RESOLVED the City prepared Council of the City impacts are associated Resolution No 2008 of Chino approves PL08 Change APPROVED AND ADOPTED THIS 4TH DAY OF MARCH 2008 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San Bernardino City I of Chino Lenna J Tanner City Clerk of the City of Chino do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 4th day of March 2008 by the following votes AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK ORDINANCE NO 2008 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PL08 APPROVING ZONE CHANGE CHINO CALIFORNIA WHICH ORDINANCE NO 89 12 0116 AMENDING PLACING THE ZONING MAP BY ESTABLISHED THE FLOWER PROPERTY GENERALLY LOCATED NORTH OF STREET AND EAST OF EL PRADO ROAD INTO THE M2 GENERAL INDUSTRIAL ZONE NOW THEREFORE THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS 4 acres Ordinance No 89 12 is hereby amended to include a Zone Change on 0 east Road of a north of Flower Street and of EI Prado consisting change from generally located land referred to herein is situated in The AG General Agriculture to M2 General Industrial Section 1 the State of California and B attached County of San Bernardino City elf Chino as described in Exhibits A 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 declare that they would have enacted this Ordinance and each section subsection sentence clause or phrase hereof irrespective of any determination of Section 2 Severability invalidity Section 3 The City Clerk of the City certify to the passage and adoption of this be published in a newspaper of general circulation accordance with the provisions of the Government of Chino shall Ordinance and shall cause the same to printed and published within the City in Code APPROVED AND ADOPTED THIS DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK 18th DAY OF MARCH 2008 Ordinance No 2008 03 Page 2 of 2 State of California County of San Bernardino City of Chino City Clerk of the City of Chino do hereby certify the foregoing Ordinance duly adopted by the Chino City Council at a regular meeting held on the 18th day of March 2008 by the following votes I Lenna J Tanner was AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK Attachments Exhibit A Exhibit B Exhibit A LEGAL DESCRIPTION APN 1027 201 04 LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CHINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA AND IS DESCRIBED AS THE FOLLOWS THAT PORTION OF PARCEL A AS SHOWN ON EXHIBIT B OF LOT LINE ADJUSTMENT LLA 2007 06 IN THE CITY OF CHINO COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA RECORDED DECEMBER 7 2007 AS INSTRUMENT NO 2007 684653 OF OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS BEING THAT PORTION OF LOT 6 OF SECTION 25 TOWNSHIP 2 SOUTH RANGE 8 WEST ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO IN THE CITY OF CHINO SAN BERNARDINO COUNTY STATE OF CALIFORNIA AS SHOWN BY MAP ON FILE IN BOOK 6 PAGE 15 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 60 SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING THENCE SOUTH 00 40 23 EAST ALONG THE EAST LINE OF SAID LOT 60 A DISTANCE OF 661 56 FEET TO THE NORTHEAST CORNER OF SAID LOT 5 THENCE CONTINUING SOUTH 00 40 23 EAST ALONG THE SAID EAST LINE OF SAID LOT 5 A DISTANCE OF 214 24 FEET THENCE NORTH 89 45 04 WEST A DISTANCE OF 649 39 FEET THENCE SOUTH 54 13 17 WEST A DISTANCE OF 18 06 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF EL PRADO ROAD NORTH 36 2713 WEST ALONG SAID THENCE HALF WIDTH NORTH DISTANCE OF 1 42 079 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE A LINE OF SAID LOT 59 THENCE NORTH 89019 30 EAST ALONG THE NORTH LINE OF SAID LOTS 59 AND 60 A DISTANCE OF 1 295 19 FEET TO THE TRUE POINT OF 30 00 FEET BEGINNING BASIS OF BEARING EXHIBIT B BASIS OF BEARING BEING NO 19 49E ALONG THE CENTERLINE OF MOUNTAIN SHEET 2 OF 4 BOUNDARY AVENUE AS SHOWN ON R S 9814952 LLA 2007 06 S89 30 I9 W 133217 30W 1295 19 S89 I9 SCETOWER v I I j c bib LOT 60 v y PARCEL A 854 459 SOFT 19 62ACRES I POWSlLINES SCE EASEMENT j i I I I LBICKMORE I 1111 III SCETOWSl 228 58DsaFT 525ACRES I I 07 1 1 DATE N89 I6 1 I II A ADVANCED SUR V E Y 1111 11 14 1 APN AREA 027 20 03 0 000 6 1027 201 027 201 1027 201 04 0 000 03 0 000 03 0 000 59 60 I I I Ii I I I I I I I I II 1137810 SOFT 366 395 SOFT 1 U6 SQFT 262560 SOFT 436 723 SOFT c Illii fI 341 15 I r I I I 11 E 15 9 16 16E I I I LOT 5 L 5 I I PARCEL B LOT I I I II I 1 I 1 PROPOSEDPROPERTYUNE RRY E BARNES AND SURVEYOR P L S 7766 EXPIRES DECEMBER 31 2007 s lil illl I I OLD LOT LINE TO BE REMOVED NEW LOT LINE BOUNDARY LINE TO REMAIN I I 0 1 rJi 200 I E I Gl I I I LL 04L64 N2 29 I I VACATED l SCALE 1 I I I I I II II v b j 1 l ll 11b AC y r II 1 II of 1 l Q4 I II 1 I I I I AREA AC 41 8 ACRES 04 R 6 03 ACRES 10 0J ACRES REDEVELOPMENT AGENCY REGULAR MEETING CITY HALL COUNCIL CHAMBERS FEBRUARY 19 2008 OPEN SESSION 7 00 P M MINUTES The Redevelopment Agency was called to order at 7 56 p m All Members were present Consent Calendar 1 2 Minutes February 5 2008 Regular meeting all Members present Redevelopment Aoencv Billino Statement Approve payment of expenses incurred City of Chino on behalf of the Redevelopment Agency by the 3 Amendment to the Conflict of Interest Code of Chapter 2 60 of the Chino Municipal Code and employees Moved by carried on a 5 Adopt a resolution amending Appendix A relating to the requirement for City officers to file Statement of Economic Interests Council Member Duncan seconded by RDA Resolution No 2008 01 Council Member Elrod 0 roll call vote to Approve Consent Calendar Items 1 and through 3 as presented AYES NOES YATES DUNCAN ELROD HAUGHEY ULLOA NONE ABSENT NONE Public Communications Joe Malamphy addressed the Agency regarding Habitat for Humanity recipients Adiourn The meeting was adjourned at 7 58 p m APPROVED AND ADOPTED THIS 4th DAY OF MARCH PATRICK J GLOVER EXECUTIVE DIRECTOR ATTEST LENNA J TANNER SECRETARY Ijt 08RDA02 19M These minutes The official copy of this document is on are file in the not official until City Clerk s 2008 signed Office R MEMORANDUM CITY OF CHINO COMMUNITY SERVICES DEPARTMENT AGENCY MEETING DATE MARCH 4 2008 TO PATRICK J FROM TINA SRAY DIRECTOR OF COMMUNITY SERVICES SUBJECT AWARD GLOVER EXECUTIVE DIRECTOR OF b Jf1fj lJITitI CONTRACT CALIFORNIA DEPARTMENT FORESTRY CAL FIRE BOUNDARY FENCING PROJECT OF RECOMMENDATION Award a contract to Judge Netting Inc Costa Mesa CA in the amount of for 400 173 the Cal Fire Boundary Fencing Project and authorize the Executive Director to execute all necessary documents on behalf of the City FISCAL IMPACT None There are adequate funds in the Redevelopment Agency 86 700 fifty percent State share of the total contract amount to the the State of General Services directly Agency by Department City Clerk Approved AYES DY GD EE TH NOES DY GD EE TH ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU EU J EU Denied Fund In addition a will be reimbursed Continued Tabled L AGENCY MEETING DATE MARCH 4 2008 CALIFORNIA DEPARTMENT OF FORESTRY SUBJECT AWARD OF CONTRACT FIRE CAL BOUNDARY FENCING PROJECT PAGE 2 BACKGROUND As a condition of the Property Transfer Agreement between the City and the State of California s Department of General Services that deeded 140 acres of State land to the City for the expansion of Ayala Park the City is required to install an eight foot block wall and a secondary perimeter fence along the northern boundary of the Cal Fire formerly referred to as Department of Forestry Prado Conservation Camp located expanded park site The construction of the wall and fencing will barrier and additional security between Prado Conservation Camp the Califomia directly south of the provide a screened and Ayala Park College Park Development Agreement between the City and SunCal portion of the project is currently being constructed by SunCal Once completed the block with the construction costs to be reimbursed by the City wall will extend from the western end of the Chaffey College campus west to Central Avenue Approximately 300 lineal feet of the wall has been constructed to date with the final 800 lineal feet scheduled for installation prior to the opening of the park site As a condition of the the block wall ISSUES I ANALYSIS project scope of work will consist of the installation of the secondary fence just south of the block wall along the Prado Conservation Camp perimeter The 45 foot tall fence will extend approximately 1 000 lineal feet from the east perimeter of Prado Conservation Camp west to the western perimeter of the camp s maintenance yard The fencing material will be a netting material similar to the netting utilized for golf course driving ranges and will be screened from the park site by the parkway located iandscaping along College Park Avenue The current line located A Notice February Inviting Bids was published in local newspapers and trade 21 bids were received with the following results Judge Netting Inc Quality Fence Company publications On 173 400 Inc Harris Steel Fence Co 174 000 191 775 low bidder staff reviewed the proposal submitted by Judge Netting Inc Costa Mesa CA including their bid form references licensing bonding and insurance As a result of the contractor s ability to meet all and found them to be acceptable staff is recommending award of the contract for the and bidding bonding requirements Cal Fire Boundary Fencing Project to Judge Netting Inc Costa Mesa CA in the amount As of apparent 400 173 reimbursing the City 50 of the project project budget to fund these improvements The State has committed to adequate TS MK kr funds in the cost There are