HomeMy WebLinkAbout518ORDINANCE NO. 518
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING ZONE CHANGE NO. 97 -1 -EC, TO CHANGE
THE CURRENT ZONING FROM M-2, HEAVY MANUFACTURING,
TO C -M, COMMERCIAL MANUFACTURING,
ON 2.050 ACRES OF LAND AT 13785 LIVE OAK AVENUE
A. RECITAL
(i) The Applicant, General American, is requesting to change the current
zoning on 2.050 acres of land from M-2, Heavy Manufacturing, to C -M
Commercial Manufacturing. This request also involves an amendment to
Development Agreement No. 1, which was created to govern the use and
development of the property with respect to setting special setback
standards as well as the creation of the sales tax generating parcel for the
property located on the northeast corner of Rivergrade Road and Live Oak
Avenue, west of Stewart Avenue, commonly known as 13785 Live Oak
Avenue, Irwindale, California, 91706, in the County of Los Angeles.
Hereinafter in this Ordinance, the subject Zone Change is referred to as
the "Application."
(ii) On October 2, 1997, the Planning Commission conducted a duly noticed
public hearing, as required by law, at which time they concluded the
hearing prior to the adoption of this Ordinance.
(iii) This City Council has heretofore conducted a duly noticed public hearing
concerning the potential adoption of this Zone Change and said public
hearing was concluded prior to the adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.
B. ORDINANCE
NOW, THEREFORE, it is hereby found, determined, and ordained by the City
Council of the City of Irwindale as follows:
(i) The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
(ii) Based upon substantial evidence presented to this City Council during the
public hearing conducted with regard to the Application, including written
staff reports, verbal testimony, and development plans, this City Council
hereby specifically finds as follows:
Ordinance No. 518
Page 1
(a) The proposed use and development, as described herein, will be
consistent with the C -M Zone, in accordance with the City's Zoning 101
Ordinance and the General Plan.
(b) The site is or will be adequate in size, shape, topography, location,
and other factors to accommodate the use and development
thereof.
(c) Adequate street access and traffic capacity are or will be available
to serve the proposed development, as well as existing and
anticipated development in the surrounding area.
(d) Adequate utilities and public services are or will be available to
serve the proposed development, as well as existing and
anticipated development in the surrounding area.
(e) The use and development, as described herein, will be compatible
with the existing and intended charter of the area.
(f) The proposed use, as described herein, will not be materially
detrimental to the public welfare or injurious to the adjacent
properties.
(iii) The City Council specifically finds that in accordance with the Initial Study Aftk
prepared with regard to the Application and Negative Declaration No. 97-
5 -ND, which have been prepared in compliance with the provisions of the
California Environmental Quality Act of 1970, as amended, and guidelines
promulgated thereunder, this proposal will not have a significant impact on
the environment. This Council finds that said Negative Declaration
reflects the independent judgment of the City of Irwindale.
-- -- - (iv -Y - The City Council specifically findsanddetermines that, having considered---
the
onsidered._the record as a whole, including the findings set forth herein, the changes
and alterations which have been incorporated into and conditioned upon
the project proposed in the Application, there is no evidence before this
City Council that the project proposed herein will have the potential of
adverse effect on wildlife resources or the habitat upon which wildlife
depends. Based upon substantial evidence, this City Council hereby
rebuts the presumption contained in Section 753.5(d) of Title 14 of the
California Code of Regulations. Notwithstanding any other provision of
this Ordinance, if the California Department of Fish and Game requires
payment of a fee pursuant to Section 711.4 of the California Fish and
Game Code, payment thereof shall be made by the Applicant prior to the
issuance of any building permit or other entitlement with regard to the
project.
(v) Based upon the substantial evidence and conclusions set forth
hereinabove, this City Council approves the Application subject to the
Ordinance No. 518
Page 2
conditions set forth in Exhibit A, attached hereto and by this reference
(' incorporated herein, which conditions are deemed necessary to protect
the public health, safety and general welfare and are reasonable and
proper in accordance with the intent and purposes of Title 17 of the
Irwindale Municipal Code.
(vi) The Deputy City Clerk shall:
(a) Certify to the adoption of this Ordinance; and
(b) Forthwith transmit a certified copy of this Ordinance, by certified
mail, to the Applicant at the address of record set forth in the
Application.
PASSED, APPROVED, AND ADOPTED this 13d' day of November 1997.
ATTEST:
Camille Diaz, Deputy
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWINDALE
ss.
Patricio S. Miranda, Mayor
I, Camille Diaz, Deputy City Clerk of the City of Irwindale, California do hereby certify that
the foregoing Ordinance No. 518 was introduced at a regular meeting of the City Council
of the City of Irwindale held on the 23rd day of October 1997, and was duV passed at a
regular meeting of the City Council of the City of Irwindale held on the 13 day of
November 1997, by the following vote:
AYES: Councilmembers: Almazan, Castellanos, Chavez, Tapia, Mayor Miranda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
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