HomeMy WebLinkAbout530ORDINANCE NO. 530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING ZONE CHANGE NO.98-2-ZC, TO CHANGE THE CURRENT
ZONING FROM M-2, HEAVY MANUFACTURING AND A-1, AGRICULTURAL
TO M-1, LIGHT MANUFACTURING AND C-2, HEAVY COMMERCIAL ON
PROPERTY LOCATED WEST OF IRWINDALE AVENUE AND SOUTH OF
ARROW HIGHWAY, KNOWN AS THE IRWINDALE BUSINESS CENTER
A. RECITAL
(i) The City Council in its Resolution No. 92-01-1242 established that the
Irwindale Business Center shall be developed subject to the City of Irwindale's M-1, Light
Manufacturing Zone standards, which is being implemented by this Zone Change.
(ii) The Applicant, City of Irwindale, is requesting to change the current
zoning from M-2, Heavy Manufacturing and A-1, Agricultural to M-1, Light
Manufacturing and C-2, Heavy Commercial Zones on property located west of Irwindale
Avenue and south of Arrow Highway, Irwindale, California, 91706, in the County of Los
Angeles. Hereinafter in this Ordinance, the subject Zone Change is referred to as the
"Application".
(in) On August 6, 1998, the Planning Commission conducted a duly noticed
public hearing, as required by law, at which time they continued the hearing to September
3, 1998, at which they concluded the hearing prior to the adoption of their Resolution.
(iv) The 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.
(v) All legal prerequisites to the adoption of this Ordinance have occurred.
B. NOW, THEREFORE, THE CITY COUNCIL OF IRWINDALE, CALIFORNIA,
DOES HEREBY ORDAIN 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 site plan, this City Council hereby specifically finds as follows:
(a.) The proposed use and development, as described herein and shown
on Exhibit "A" will be consistent with the M-1 and C-2 Zones 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 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, which will be assured by a
requirement that the project develop architectural and landscape architectural guideline.
(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 -11 -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 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 and incorporated it herein, which conditions
are deemed necessary to protect the public health, safety and general welfare and are
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reasonable and proper in accordance with the intent and purposes of Title 17 of the
l Irwindale Municipal Code.
(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.
ADOPTED AND APPROVED this 10th day of December, 1998
M f the City Council
ATTEST:
Deputy City Clerk
I, Canaille Diaz, Deputy City Clerk for the City Council of the City
of Irwindale, do hereby certify that the foregoing Ordinance was introduced for first
reading at an adjourned regular meeting of the City Council of the City of Irwindale held
on the 30th day of November, 1998 and passed and approved on second reading at the
regular meeting held on the l e day of December, 1998, by the following vote:
AYES: COUNCIL MEMBERS: Castellanos, Chavez, Mayor Almazan
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Miranda, Mayor Pro Tem Tapia
City Clerk �0
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