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HomeMy WebLinkAbout503N ORDINANCE NO. 5 0 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THAT DOCUMENT ENTITLED "AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 1 (1993) CONCERNING PROPERTY LOCATED AT 400 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA." A. Recital. (i) California Government Code § 65864 provides, in pertinent part, as follows: ,,The Legislature finds and declares that: "(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. "(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development...." (ii) California Government Code § 65865(a) provides, in pertinent part, as follows: "Any city .... may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article...." (iii) California Government Code § 65865.2 provides as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent L\IRWIN\A2v WRn\I 6.7.A 59 discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement...." (iv) Attached to this Ordinance, marked Exhibit "A" and incorporated herein by reference, is a proposed Amendment No. 1 to Development Agreement No. 1 (1993), concerning that real property generally located at 400 E. Live Oak Avenue, Irwindale, California, and as legally described within the attached Exhibit "A". Hereinafter in this Ordinance, that Amendment attached hereto as Exhibit "A" is referred to as "the Amended Development Agreement." (v) This City Council has heretofore adopted an ordinance applying the zone designation of M-2 - Heavy Manufacturing Zone upon the subject property. The proposed developer of the property and the City desire to provide through the Amended Development Agreement specific development options and controls on the site which will provide for maximum efficient utilization of the site in accordance with sound t planning principles, all in accordance with the above -referenced provisions of law (the "Project" hereinafter). (vi) On December 13, 1995, the Planning Commission of the City of Irwindale held a duly noticed public hearing concerning the proposed Amended Development Agreement and related environmental analysis and has recommended to this Council the adoption of the Amended Development Agreement. (vii) This Council has heretofore conducted a duly noticed public hearing concerning the potential adoption of the Amended Development Agreement and said public hearing was concluded prior to the adoption of this Ordinance. (viii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Irwindale does ordain as follows: 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. LUMNAMDORDU 6.7.A 2 ki (a) The City Council of the City of Irwindale hereby finds that Mitigated Negative Declaration No. ND95-18, was prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and that this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with respect to the Project identified in this Ordinance and approves the Mitigated Negative Declaration pursuant to § 15074(b) of the Guidelines. (b) The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed Project, no significant adverse environmental effects will occur. (c) The City Council finds that facts supporting the above- specified findings are contained in the Mitigated Negative Declaration, the record of the proceedings before the Planning Commission, the staff report and exhibits, and the information provided to this City Council during the public hearing conducted with respect to the Project and the Mitigated Negative Declaration. Mitigation measures have been made a condition of approval of said Project and are intended to mitigate and/or avoid environmental effects identified in the Mitigated Negative Declaration. (d) The City Council hereby specifically finds and determines that, having considered the record as a whole, there is no evidence that the Project contemplated by the Amended Development Agreement, and as conditioned, will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this Council, this Council rebuts the presumption of adverse effect contained in § 753.5(d) of Title 14, California Code of Regulations. Notwithstanding the provisions of this paragraph, the applicant shall pay all fees required for the filing of a Notice of Determination and any fees imposed by the California Department of Fish and Game prior to the issuance of permits. UIRWINUMDORDU 6.7.A This Council specifically finds that: (a) The location, design and proposed uses set forth in the Amended Development Agreement are compatible with the character of existing development in the vicinity; (b) The Amended Development Agreement will produce within the Project an environment of stable and desirable character, and will not tend to cause traffic congestion on surrounding streets; (c) The proposed Project will be well integrated into its setting; (d) Provision has been designed in the proposed Project for both private and public open spaces at least equivalent to that required by the Zone; and (e) The Amended Development Agreement conforms to the General Plan of the City of Irwindale. 4. It is expressly found that the public necessity, general welfare and good zoning practice require the approval of the Amended Development Agreement. 5. This Council hereby approves the Amended Development Agreement attached hereto as Exhibit "A". 6. This Council hereby authorizes and directs the Mayor and City Clerk to execute the Amended Development Agreement on behalf of the City of Irwindale forthwith upon the effective date of this Ordinance. 7. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Amended Development Agreement be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Amended Development Agreement shall remain in full force and effect. L\IRWIN\AMDORDV 6.7.A 8. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or to validate any condition of the Amended Development Agreement hereby adopted. Any person, firm, partnership or corporation violating any provision of this Ordinance or condition of the Amended Development Agreement or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or conditions of the Amended Development Agreement is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. eolo9. The violation of any of the provisions of this Ordinance or the Amended Development Agreement hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. e�' 10. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 25thday of January 1996. L\IRW IN\AMDORD\I 6.7.A Mayor%•/ r I, DAVID A. CARETTO, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Irwindale held on the 11 th day of January 1996, and was finally passed at a regular meeting of the City Council of the City of Irwindale held on the 25th day of January , 1996, by the following vote: AYES: COUNCIL MEMBERS: Joseph Tapia, Raymond Chavez and Mayor Julian A. Miranda NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Jacquelyn Breceda ABSTAINED: COUNCIL MEMBERS: Patricio S. Miranda ATTEST: , CiityClerk of the City of Irwindale LURWIMAMDORDU 6.7.A 6 Recorded At the Request of and When Recorded Mail To: David A. Caretto City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, California 91706 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 1 (1993) CONCERNING PROPERTY LOCATED AT 400 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA THIS AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 1 (1993) is made and entered into as of the "Effective Date" set forth herein by and between NUWAY INDUSTRIES, INC., L.A. INTERNATIONAL MARKETPLACE, INC. and OAK KNOLL GROUP, INC., (collectively "Developer") and the CITY OF e^, IRWINDALE, a municipal corporation organized and existing under the laws of the State of California ("City"). (i) California Government Code § 65864, et seq. authorize cities to enter into binding development agreements, and amendment thereof, with persons having legal or equitable interests in real property for the development of such property. (ii) Developer owns all interest in and to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as "the Site." (iii) The Site is now subject to Development Agreement No. 1 (1993), approved by Ordinance No. 469 of City, adopted on June 24, 1993 (the "Agreement' hereinafter). Developer and City desire to provide through this Amendment to Development Agreement additional development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning r.l principles. L\IRWINIAMDNOIV 6.7.A EXHIBIT "A" Ir", 59 (iv) On January 25, 1996 , City adopted its Ordinance No. 503 thereby approving this Amendment to Development Agreement with Developer and said Ordinance was effective on February 25, 199.6 NOW, THEREFORE, the parties hereto agree as follows: 1. Amendment toil. Section 1 of the Agreement hereby is amended to read, in words and figures, as follows: 11 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: "a. `City' is the City of Irwindale. "b. `Developer' is the NUWAY INDUSTRIES, INC., L.A. INTERNATIONAL MARKETPLACE, INC., and OAK KNOLL GROUP, INC., or any assignee thereof. "c. `Development Plan' are those plans and specifications attached hereto, marked as Exhibits `B' and `13-1' and incorporated herein by this reference, and comprised of the documents including, but not limited to, a final site plan (including design elevations). The Development Plan attached hereto includes various conditions of approval set forth in Exhibits `C' and `C-1' which are hereby incorporated by reference and thus made applicable to the Project. The Project also includes the records of applications by Developer, the proceedings before the Planning Commission and City Council, and all such records and files in these matters are incorporated herein by this reference as though set forth in full "d. `Project' is that development approved for the site as provided in this Development Agreement comprised of an open air market, racetrack and related facilities, and affiliated uses all as reflected in the Development Plan attached hereto as Exhibits `B' and `13-1', the conditions set forth in Exhibits `C' and `C-1'. "e. `Effective Date' shall mean the 31 st calendar day following adoption of the ordinance approving the Agreement by City's City Council." UIRWIMAMDNOW 6.7.A 2. Effective Date of Amendment. For purposes of this Amendment to Agreement, the term "Effective Date" shall mean the 31 st calendar day following adoption of the ordinance approving this Amendment by City's City Council. 3. Addition to & 7. Section 7 of the Agreement hereby is amended by the addition of a new paragraph then to read, in words and figures, as follows: "Developer shall commence construction work for the racetrack and related facilities on the Site, and all phases thereof, including, but not limited to, mitigation requirements, landscaping and all off-site improvements, pursuant to a building permit or permits issued by City within two (2) years following the Effective Date of Amendment No. 1. Notwithstanding any other term or provision hereof, Developer shall complete all of said construction within one (1) year following the date upon which construction of the racetrack and related facilities commences. Failure to construct the racetrack and related facilities in a timely fashion shall cause approval thereof pursuant to Amendment No. 1 to be void and of no further force and effect." 4. Amendments to Exhibit "C". A. Section III.D of Exhibit "C" hereby is amended by the addition of a new subsection 12 to read, in words and figures, as follows: "12. All uses specified in this § III.D, above, shall require prior written approval by City's City Manager or his or her designee. Application for such uses shall be made, in writing, together with the requisite processing fee, to City's City Manager at least thirty (30) days prior to the date requested for the subject use." B. Section III.E of Exhibit "C" hereby is amended by the addition of a new subsection 2.g to read, in words and figures, as follows: "g. All uses specified in this § E, above, shall require prior written approval by City's City Manager or his or her designee. Application for such uses shall be made, in writing, together with the requisite processing fee, to City's City Manager at least thirty (30) days prior to the date requested for the subject use." 5. Attorneys' Fees. In any proceedings arising from the enforcement of this Amendment or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. LURWINWMDNOIU 6.7.A /r^ 6. Binding Effect. The Agreement, as amended herein, shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 7. Applicable Law. This amendment shall be construed in accordance with and governed by the laws of the State of California. 8. Partial Invalidity. If any provisions of the Agreement as amended hereby shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9. Survival of Provisions. Except as specifically modified herein, each and every term and provision of the Agreement shall remain in full force and effect. 10. Recordation. This Amendment shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of Los Angeles within ten (10) business days following the Effective Date. IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. Dated: CITY OF IRWINDALE, a municipal corporation By L( Julian A. Miranda, Mayor ATTEST: LAO �/ David A. Caretto, City Clerk City of Irwindale LQRWWAMDNOW 6.7.A 4 ki Dated: Dated: Dated: Z� 9 L\IR W IN W MDNO I\I 6.7.A 1751/�IIL� NUWAY INDUSTRIES, INC. 1MA wTFT ON VIA 14OW, L.A. INTERNATIONAL MARKETPLACE, INC. By 3 OAK DOLL GROUP, INC. State of California ) ss. County of On 7.I,\0ftD before me,`C�¢���t. �R2QS,Qp cv \o\personally appeared �n.s �f : A\��r\ personallyPi M Igo R Ar proved to me on the bases of satisfactory evidence to be the person( whose name( isle subscribed to the within instrument and acknowledged to me that he/shofihay executed the same in his/Iiiiiiiiiibeir authorized capacity(* c), and that by his/her signature(m) on the instrument the entity upon behalf of which the person(* acted, executed the instrument. Witness my hand and official seal. FIEtEtI P. LEEOB CC1MM. i 1061368 Notary Pic — CdlfaNa lAS ANGElE3 COUNIV O6y Comm. EzphesFEB 13.1"" State of California ) ) ss. County of ) On q�u before me, Q personally appeared S \M , Y`(1c�o o x� personally mown to me to be the person(* whose name( isiwe subscribed to the within instrument and acknowledged to me that he/sic executed the same in his/heekbair authorized capacity(j*, and that by his heeWwir signature(*) on the instruments the entity upon behalf of which the person(a) acted, executed the instrument. Witness my hand and official seal. iEM P.IEEOS *&A # 1061368 teary P'"Ic — Contomla If I.OS ANGELES COUNTY Comm. Expires FEB 13.199D6IMyD L\IRW IN\AMDNOI\I 6.7.A 0 r EXHIBIT "All Parcel 16 of Parcel Map 191-35-36, Tract MP/1888 (M.B. 21-183) and Parcel Map 139-45-46, all as recorded in the office of the Los Angeles County Recorder. 11 to^ EXHIBIT "B-1" The Plans attached hereto consisting of ten pages. e"" r^ �i 91 ko uj U r", r W Irwindale 210 Raceway 1� • IMcuO,ak Exit »l r Z 0 W r••�i flL7 y( r r Z 0 W r••�i r r Z 0 W r••�i �mu�m � i t ras w _ N _ o 1 ,1YW r O ■ h ■ ■ Z O F- C) W U) 0 Z H U) 0 Z m Q U rr co L'3 z w 1 a 5 w U) w U w Q3 b I Uo e' I eo�,* P�l a EXHIBIT C-1 PLANNING COMMISSION RECOMMENDED CONDITIONS OF APPROVAL Per the December 13, 1995 Planning Commission Meeting An Amendment to Development Agreement No.1 Case No.95-9-DA 1. The provisions of Development Agreement No. 1 shall apply in all respects to a raceway and specifically the proposedraceway, except as sgecifically modified herein. The traffic control improvements, landscaping improvements and other requirements of this agreement shall be in place by opening day of this facility. The Development Agreement shall be amended to permit "racetracks" as defined in Case No. 95 -9 -DA and conditioned as follows. 2. The project, in its use for racing or any other event, shall not create noise levels that would be considered a violation of any of the noise ordinances of the surrounding cities of Arcadia, Azusa, Baldwin Park, Bradbury, Duarte, El Monte, Monrovia, and Unincorporated County areas. 3. The Irwindale Noise Ordinance in its current form and any future versions shall apply to this facility, with the exception that per Section 9-28-120 of the Irwindale Municipal Code the Winston Cup races, to occur four times a season, shall be 80 dBA, and as stated in Section 9.28.040, shall be in violation of this code if this limit is exceeded by 5 dBA. 4. Prior to the finaling of Building Permits a mock event shall be staged with the a minimum of fifteen (15) cars, all running at the 90 dB limit. This event shall be carried out on a Friday or Saturday evening during the planned racing hours. This event shall be monitored in the surrounding residential neighborhoods. The results of this test will serve to identify the effectiveness of the acoustical reduction to be provided by the structure of the raceway facility and its noise walls. Modifications to the noise walls shall be made in order to achieve the necessary noise levels in the residential areas. 5. At the applicant's expense a contract shall be maintained with Ultrasystems Environmental, Inc., WPA Traffic Engineering, Inc. and Mestre Greve Associates to provide mitigation monitoring and evaluation assistance for the City. 6. A parking management plan shall be prepared to identify the manner in which on-site parking will be utilized and identity nearby sites that can serve in the instance of overflow parking conditions. Because of the lack of pedestrian facilities on Live Oak Avenue, shuttle services shall be incorporated into the use of any off-site parking. 7. This project is estimated to create 1652 debit points in the CMP program and the City will require that this project clear this debit condition. A portion of the LAIM site shall be used for Park -n -ride use. It is estimated that 172 parking spaces would have to be 8 established to remove the debit points. The implementation of this condition is subject to the approval of the MTA. 8. An operational plan shall be prepared for the use of this facility for non -racing events, all of which will require individual approval during the first full year of operation. 9. The noise wall surrounding the portions of the track not enclosed by the grandstand structures shall be complete and shall be capable of being modified to increase its acoustical value. The grandstand structures shall be measured to determine their acoustical noise mitigation value and modified if necessary to achieve the needed effect. The plans for this facility shall include plans for noise reduction measures that would be put in place as the need arises. 10. The Community Noise Monitoring and Response Plan is accepted in concept and form, but shall be subject to further review and refinement, subject to the approval of the City Manager prior to the opening of the facility to public use. 11. The mitigation measure in the Negative Declaration shall be added as conditions of approval. 12. Construction of the improvements within the public right-of-way shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 13. Applicant shall obtain a valid permit from the Irwindale Building Department for the construction of the proposed development in conformance with the submitted plans which are hereby incorporated and made part of this Resolution and designated as Exhibit "B". Construction plans for the property shall include, but are not limited to site plans. floor plans, elevations, grading plans, landscape plans, and fencing and wall plans. 14. Applicant hereby agree to pay all required plan check and building permit fees for the construction of the proposed development. 15. The development of this property shall conform to the plans as finally approved by the City as conditioned herein, and any appreciable modification shall require the prior approval of the Planning Commission. 16. A site plan of the proposed development shall be approved by the City Planner prior to issuance of grading or building permits. 17. Prior to issuance of an occupancy permit, these conditions and all improvements shall be completed to the satisfaction of the City. 18. As discussed in the response to comments report, the lighting of the raceway shall he 9 subject to review to insure acceptable methods of shielding have been utilized, subject to the approval of the City Planner. 19. The developer of project sponsor must propose and implement a Storm Water Pollution Prevention Plan (SWPPPP) that contains control measures that will prevent pollution of storm water. 20. The prejeet-spexseF applicant shall ascertain the capacity of the existing storm drain system to accommodate the incremental run-off that this project will generate. In the event that additional flood control measures are needed, the impact of these measures to beneficial uses of the receiving waterbody must be evaluated. 21. The time of events and use of this(Raceway) facility shall be as follows:- fepesed a. Events will operate only on Friday, Saturday, eF Sunday or National Holidays in the afternoons and evenings. b. The project events and the existing Swap Meet operations will not coincide. Attendees including participants may enter the grounds when the facility opens. but qualifying events racing events and other activities will not occur until the Swap Meet has concluded its operation. L.- Hours of Operation: Facility Open• Friday - 3.00 p m to 12:00 p.m., Saturday - 12:00 noon to 1200 p m and Sunday - 12:00 noon to 12:00 p.m. Event Hours: Friday - 6.00 p.m. to 11:00 p.m., Saturday - 7:00 p.m. to 11.00 p.m., and Sunday - 7:00 p.m. to 11:00 p.m. d. Non -racing events such as Rodeos and Concerts may be held on dates with no race events scheduled and further limited to the above hours of operation. e. Incidental use of the track facilities may occur during weekday periods in the form of vehicle testing driving schools maintenance and automobile research and development. f. The exception to this is that any racing activity on Sundays shall be terminated at 10:00 pm. Further, any weekday use (except Friday) of the track shall be terminated a 7:00 pm. National holidays would be excluded from this limitation. 22. The Applicant shall assist City Staff in compiling a specific mitigation monitoring and reporting program reflecting the changes made to the project and the recommended conditions of approval from the evidence before this Planning Commission. 23. The applicant shall cooperate with the City as to sWeial events promoting and benefiting 10 the City by ffratual agreefa and city Qrograms• no such event shall occur except upon r� the written mutual agreement of the parties. 24. Notwithstanding the provisions of Section III C 4 of Development Agreement No. 1 overnight parking of trucks and trailers may be permitted for the participants using this facility.