HomeMy WebLinkAbout524- f --__- ORDINANCE NO. 524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING ZONE CHANGE NO. 98-1-ZC, TO CHANGE
THE CURRENT ZONING FROM A-1, AGRICULTURAL
TO R-2-10,000, LIGHT -MULTIPLE RESIDENTIAL ZONE
ON PROPERTY LOCATED WEST OF IRWINDALE AVENUE ON BOTH SIDES
OF JUAREZ STREET AND HIDALGO STREET
A. RECITAL
(i) The Applicant, City of Irwindale, is requesting to change the current zoning
Street from A-1, Agricultural to R-2-10,000, Light Multiple Residential Zone on property located
west of Irwindale Avenue on both sides of Juarez Street and Hidalgo, 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 March 5, 1998, 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
Resolution.
(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 Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is hereby found, determined and resolved by the City
Council of the City of Irwindale as follow5r
(i.) The City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution 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 site plan, this City Council hereby specifically finds as follows:
(a.) The proposed use and development, as described herein will be
consistent with the R-2 Zone in accordance with the City's Zoning 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 character 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
prepared with regard to the Application and Negative Declaration No. 98 -2 -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.) The City Council specifically finds and determines that, having considered
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
Resolution, 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 approve the Application and 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.
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(vi.) The Secretary 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.
Al"t M•a�
ADOPTED AND APPROVED this'' day of 19%
Ab F
Mayor of the CityCouncii
ATTEST:
Deputy City Clerk
I, Camille Diaz, Deputy City Clerk for the City Council of the City
of Irwindale, do hereby certify that the foregoing Ordinance was introduce for first reading at a
regular meeting of the City Council of the City of Irwindale held on the 9th day of April, 1998 and
passed and approved on second reading at the meeting held on the 28thday of May
1998, by the following vote:
AYES: COUNCIL MEMBERS: Castellanos, Tapia, Mayor Almazan
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Miranda, Chavez
ABSTAIN: COUNCIL MEMBERS: None /y
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