HomeMy WebLinkAbout515ORDINANCE NO. 515
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF IRWINDALE, CALIFORNIA, EXTENDING
ORDINANCE NO. 513 AND RESTRICTING THE ISSUANCE
OF DEVELOPMENT PERMITS FOR INDUSTRIAL
DEVELOPMENT PROJECTS AND ESTABLISHING
INTERIM ZONING WITHIN CERTAIN AREAS OF THE
CITY PENDING COMPLETION OF GENERAL PLAN AND
ECONOMIC DEVELOPMENT STUDIES
WHEREAS, the City's General Plan was adopted on June 28, 1973 and has not been
updated aside from required updates to the Housing Element; and
WHEREAS, the City is undertaking a major review of its General Plan and has hired
consultants to undertake such review at an expense, including environmental, of some $130,000
to $150,000, which review will include all major elements of the General Plan, including the Land
Use Element; and
WHEREAS, the City has been facing increasing financial difficulties through the
recessionary times of the 1990's. The City Budget decreased from $10,736,208 in 1996 to
$8,639,082 in 1997. Since the 1990's the City has been incurring annual deficits of approximately
$500,000, and City reserve equity fund balance has fallen from $21,550,000 in 1986 to
$5,000,000 currently. Without major increases in revenue, or significant further reductions in
expenditures and services, the City will have exhausted its reserves by 1998; and
WHEREAS, excluding publicly -owned land, including the Santa Fe Dam, 92 percent of
the City is now used for quarrying, manufacturing, warehousing, and other industrial uses. These
uses came about because they were compatible with the mining activity which was the original
economic activity in Irwindale due to its location where the San Gabriel River emerges onto the
San Gabriel Valley; and
WHEREAS, through the General Plan, it is the City's goal to establish a balanced
community with a significant materials extraction and processing base complemented by attractive
industrial uses, including business parks and office and warehousing uses. In addition, the City
wishes to protect its residential areas. For the convenience of its residents and persons working
in Irwindale, appropriate commercial uses should be provided to service their needs; and
WHEREAS, the funding of local government is extremely difficult today for all of the
following reasons:
1. Irwindale does not receive property taxes and Proposition 13 has made it
impossible to raise property tax revenues,
Ordinance No. 515
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2. The State of California has provided the City with subventions, and other
revenues, but the State has limited or diverted municipal revenues to pay 11,44)
for other activities such as education, and, in fact, Irwindale has lost some
$2,320,827 in revenue it formerly received,
3. The voters of California have limited cities' ability to raise revenue by
establishing restrictions on the creation of taxes, assessments, and property -
related fees in Measures such as Proposition 218; and
WHEREAS, the mining companies object to any increase in the mining tax, and other
businesses are not interested in increases in other business license fees, which are subject to
Proposition 218, in any event; the only major revenue source which offers the City the potential
for significant growth is sales tax on retail sales. The City currently collects some $2.4 million
in sales taxes per year, much of it from businesses serving the sand and gravel industry. Through
the City's redevelopment program, further growth of sales tax generating uses could be
encouraged; and
WHEREAS, only 20.2 acres (less than one-half of one percent) of the City is zoned now
for commercial uses, but the City is intersected by two freeway corridors, the 605 and 210, and,
in fact, the interchange of these freeways is in Irwindale. Therefore, the City sees the potential
for two types of retail uses: regional retail, which needs large parcels and freeway frontage; and
community and neighborhood retail, which would serve the needs of residents and workers.
Regional retail would lie along the 605 and 210 corridors. Community retail could be located
along Ramona, Arrow Highway, and Irwindale Avenue, particularly near the intersection of
Arrow and Irwindale; and
WHEREAS, the City believes that a large number of sites must be studied, although much
of the area may ultimately be found suitable to continue as industrial. The General Plan Study is
planned to be completed by May of 1998. It would be the goal to focus on the land use issues and
develop recommendations within the first year of the Interim Zoning; and
WHEREAS, it is the intent of the City that these parcels remain developable during the
preparation of the planning studies; therefore, the City will provide interim zoning.
Approximately 35.4 percent of the land subject to this moratorium is being actively quarried or
filled and is not available for development. The City believes that on an interim basis, the
remainder can be used except for certain specified industrial uses, as provided below; and
WHEREAS, the City Council finds that there is a current and immediate threat to the
public welfare because some or all of the few remaining sites within the City which are suitable
for commercial development may be developed for industrial uses before the contemplated zoning
ordinance and general plan amendments can be adopted, and that approval of additional land use
entitlements for industrial uses prior to such adoption would seriously jeopardize the City's ability
to develop a strong base for commercial uses; and
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WHEREAS, on June 26, 1997, the City adopted Ordinance No. 513 to place a moratorium
on industrial development projects and to establish interim zoning within certain areas of the City
pending the completion of a major General Plan review; and
WHEREAS, pursuant to Government Code Section 65858, Ordinance No. 513 will expire
on August 10, 1997, 45 days after the date of its adoption; and
WHEREAS, since the adoption of Ordinance No. 513, city staff has met with certain
landowners affected by the moratorium and has refined the identification of sites with commercial
development potential. However, these actions have not alleviated the conditions that required the
adoption of Ordinance No. 513, and an extension of the moratorium is required to allow sufficient
time for the City to complete its evaluation of the sites and to complete the General Plan review;
and
WHEREAS, without the extension of Ordinance No. 513, there is a substantial likelihood
that a number of development projects could be submitted for approval before the General Plan
review is completed, which could result in industrial uses inconsistent with the proposed zoning
ordinance and General Plan Amendments; and
WHEREAS, Government Code Section 65858 specifically authorizes the City Council to
extend an urgency interim ordinance for 10 months and 15 days to prohibit any development or
uses which may be in conflict with a contemplated zoning proposal which the City is considering
or studying or intends to study within a reasonable time, subject to the procedural requirements
and limitations set forth in that statute.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Moratorium. Except as provided herein, no applications for development
permits may be accepted for processing, processed, or approved, and no development permits may
be issued for any industrial development project located within any area of the City as delineated
on the map attached as Exhibit "A" until this Ordinance has expired or has been repealed
according to applicable law. [Further, all processing of existing applications for such development
permits shall be suspended immediately.] Notwithstanding any other provision of this Ordinance,
development permits may be accepted, processed, or issued relating to projects located in the areas
of the City delineated in the attached Exhibit "A" for the development of uses permitted in
Irwindale Municipal Code § 17.32.010; § 17.36.010; and § 17.40.010.
Section 2: Definitions.
(a) For the purposes of this Ordinance, "industrial development project" means any
project undertaken for the purpose of the physical development or use of property
for industrial purposes. "Industrial" includes those uses listed in Irwindale
Municipal Code § 17.48.010(2) through (49); § 17.48.015 A.; § 17.52.010 (2)
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Ordinance No. 515
Page 3
through (107), § 17.52.080, §17.56.010 (2) through (26); § 17.56.020 (1) through
(16); and § 17.60.010.
(b) For the purposes of this Ordinance, "development permits" means discretionary or
ministerial land use entitlements or permits issued by the City, including but not
limited to conditional use permits, grading permits, mining permits, and building
permits.
Section : Grandfather Clause. This Ordinance does not apply to the following:
(a)
Development permits issued for building additions, accessory buildings or structures, or tenant
improvements relating to existing industrial uses, or to the expansion of existing industrial uses.
(b) Projects which have received building permits as of the original effective date of
this Ordinance.
(c) Projects which have [been filed for] [received] Development Review approval and
have received issuance of a certificate of compliance from the Redevelopment
Agency as of the original effective date of this ordinance.
(d) Any mixed use project undertaken by the Redevelopment Agency if the City
Council finds, based upon applicable facts and circumstances, that the project
would have no worse impact on surrounding land and have similar benefits to the
community as a commercial project at such location.
i n 4: Urgency. Based upon the facts, circumstances, and findings in the above -stated
recitals, which are incorporated herein, the City Council declares that the threat to the public
welfare is of an immediate and urgent nature which requires the immediate adoption of this
Ordinance on an urgency basis under the procedures established by Government Code § 65858.
Section : Time. This Ordinance shall be of no further force or effect ten (10) months and
fifteen (15) days from its date of adoption unless extended in accordance with Government Code
§ 65858.
W
Ordinance No. 515
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PASSED, APPROVED AND ADOPTED on the 8th day of August, 1997.
Jos F. apia, ayor Pro Tem
ATTEST:
Camille Diaz, Deputy
STATE OF CALIFPRNIy)
COUNTY OF L LES ) SS
CITY OF IRWINDALE )
I, Camille Diaz, Deputy City Clerk of the City of Irwindale, California, do hereby certify that the
foregoing Ordinance No. 515, was duly adopted at an adjourned special meeting of the City
Council held on the 8th day of August, 1997, by the following roll call vote:
AYES: COUNCILMEMBERS: Ahnazan, Castellanos, Chavez, Mayor Pro Tem Tapia
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
582/048193-0001/3093905.1 a08104197
None
None
Mayor
Camille Diaz, Deputy City
Ordinance No. 515
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Additional
Exhibit Map was too large to scan.