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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 518 e3