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HomeMy WebLinkAbout527f ORDINANCE NO. 527 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWIINDALE, CALIFORNIA, EXTENDING ORDINANCE NO. 515 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 r$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 j impossible to raise property tax revenues, 582/048193.0001/3093905.1 206/04/98 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 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 December of 1998. It would be the goal to focus on the land use issues and develop recommendations during the effective time of this 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 582/048193-0001/3093905.1 x06/04/98 rr-*, 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, on August 8, 1997, the City adopted Ordinance No. 515 to extend Ordinance No. 513 for ten months and fifteen days; and WHEREAS, pursuant to Government Code Section 65858, Ordinance No. 515 will expire on June 23, 1998, 10 months and 15 days after the date of its adoption; and WHEREAS, since the adoption of Ordinance No. 515, the City Council has approved amendments to Ordinance No. 515 and approved projects per Section 3 of this Ordinance. However, these actions have not alleviated the conditions that required the adoption of Ordinance No. 515, and an extension of the moratorium is required to allow sufficient time for the City to complete its economic evaluation of the affected sites and to oomplete the General Plan review; and WHEREAS, without the extension of Ordinance No. 515, 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 one year 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. Only two extensions may be made to such urgency ordinances. 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 beissued 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) 582/048193-0001/3093905.1 x06/04/98 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 3: 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 10) have no worse impact on surrounding land and have similar benefits to the community as a commercial project at such location. Section 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 5: Time. This Ordinance shall be of no further force or effect one year from its date of adoption in accordance with Government Code § 65858. There can be no further extension of this ordinance. PASSED, APPROVED AND ADOPTED on the 11th day of June , 1998. F �FA / IN M -No 582/048193-0001/3093905.1 a06/04198 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF IRWINDALE ) 1> Robert Griego , City Clerk of the City of Irwindale, California do hereby certify that the foregoing Ordinance No. 527 , was duly introduced at a regular meeting of the City Council held on the 11 th day of June , 1998, and was duly approved and adopted by the City Council at a regular meeting of said Council held on the 11 th day of r11"P , 1998, by the following roll call vote: AYES: Councilmembers Miranda, Chavez, Tapia, Mayor Almazan NOES: None ABSENT: Councilmember Castellanos ABSTAIN: None i001 CITY CLERK, CrMOF IRWINDALE APPROVED FORM: CITY f IRWINQ" 582/048193-0001/3093905.1 x06/04/98