HomeMy WebLinkAbout519PASSED, APPROVED, AND ADOPTED this 27th day of October 2010.
H. Manuel Ortiz, Mayor
ATTEST:
FJ.
L10a J. Kim ro, MMG
eputy Cit Jerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 647 was duly introduced at a regular meeting of the Irwindale
City Council held on the 13th day of October 2010, and was duly approved and adopted
on second reading at its regular meeting held on the 27th day of October 2010, by the
following vote of the Council:
AYES: Councilmembers: Breceda, Burrola, Garcia, Mayor Ortiz
NOES: Councilmembers: Fuentes
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
i
i J. Kimbr MC
Deputy City Cie
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 647, adopted by the City Council of the City of
Irwindale at its regular meeting held October 27, 2010, to be posted at the City Hall, Library, and Post Office on October 28, 2010.
Dated: October 28, 2010
da J. Ki ro, M C
'poly City
Ordinance No. 647
Page 13
ORDINANCE NO. 519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE APPROVING THAT DOCUMENT ENTITLED
"AMENDMENT NO.I TO DEVELOPMENT AGREEMENT NO. 1
CONCERNING THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF LIVE OAK AVENUE AND
STEWART AVENUE, IRWINDALE, CALIFORNIA !'
CI�Q.r1CfG.� �T71AItCiW�
A. Recitals.
(i) California Government Code Section 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
developments 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 Section 65865 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) CaliforniaGovemment Code Section 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 and 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 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 "Y' and incorporated
herein by reference, is a proposed Amendment No. I to Development Agreement No. 1
concerning that real property generally located at the northeast corner of Live Oak
Avenue and Rivergrade Road, Irwindale, California; and as legally described within the
attached Exhibit `B." Hereinafter in this Ordinance, that agreement attached hereto as
Exhibit `B" 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 and C -M, Commercial
Manufacturing Zone upon the subject property. The proposed developer of the property
and the City desire to provide through the attached Development Agreement specific
development options and controls on the site which will provide for maximum efficient
utilization of the site in accordance with sound planning principles, all in accordance with
the above referenced provisions of law (the "Project' hereinafter).
(vi) On October 2, 1997, 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 City 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:
(i) In all respects as set forth in the Recitals, Part A of this Ordinance.
(a) The City Council of the City of Irwindale hereby finds that
the Negative Declaration adopted with respect to the Project on October 23, 1997, 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 Negative Declaration with respect to the
Project identified in this Ordinance and approves, pursuant to Section 15704(b) of the
guidelines, the Negative Declaration.
(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-