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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 2 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 n