HomeMy WebLinkAbout536ORDINANCE NO. 536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING A DOCUMENT ENTITLED "AMENDMENT
NO. 3 TO DEVELOPMENT AGREEMENT NO. 1 CONCERNING THE
PROPERTY LOCATED AT 13300 LIVE OAK AVENUE, IRWINDALE,
CALIFORNIA
A. Recitals.
(i) California Government Code Section 65864 provides in pertinent part, as follows:
"the Legislature finds and declares that:
"(a) The lack of certainty in the approval of development projects can result in a
waste of resources, escalate the cost of housing and other developments to the consumer, and
discourage investment in and commitment to comprehensive planning which would make
maximum efficient utilization of resources at the least economic cost to the public."
"(b) Assurance to the applicant for a development project that upon approval of the
project, the applicant may proceed with the project in accordance with existing policies, rules and
regulations, and subject to conditions of approval, will strengthen the public planning process,
encourage private participation in comprehensive planning, and reduce the economic costs of
development...."
(ii) California Government Code Section 65865 provides, in pertinent part, as follows:
"Any city ... may enter into a development agreement with any person having a legal or equitable
interest in real property for the development of such property as provided in this article...."
(iii) California Government Code Section 65865.2 provides as follows: "A development
agreement shall specify the duration of the agreement, the permitted uses of the property, the
density or intensity of use, the maximum size of proposed buildings, and provisions for
reservation and dedication of land for public purposes. The development agreement may include
conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that
such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not
prevent development of the land for the uses and to the density or intensity of development set
forth in the agreement.
(iv) Attached to this Ordinance, marked Exhibit 'B" and incorporated herein by
reference, is a proposed Amendment No. 3 to Development Agreement No. I concerning that real
Property generally located southwest of Live Oak Avenue and the 605 Freeway, Irwindale,
California, and as legally described within the attached Exhibit 'B." Hereinafter in this Ordinance,
that agreement attached hereto as Exhibit 'B" is referred to as "the Amended Development
Agreement."
(v) This City Council has heretofore adopted an ordinance applying the zone
designation of M-2, Heavy Manufacturing Zone upon the subject property. The proposed
developer of the property and the City desire to provide through the attached Development
Agreement specific development options and controls on the site which will provide for maximum
efficient utilization of the site in accordance with sound planning principles, all in accordance with
the above referenced provisions of law (the "Project" hereinafter).
(vi) On February 4, 1999, the Planning Commission of the City of Irwindale held a duly
noticed public hearing concerning the proposed Amended Development Agreement and related
environmental analysis and has recommended to this Council the adoption of the Amended
Development Agreement.
(vii) This City Council has heretofore conducted a duly noticed public hearing
concerning the potential adoption of the Amended Development Agreement and said public
hearing was concluded prior to the adoption of this Ordinance.
(viii) All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Irwindale does ordain as
follows:
(i) In all respects as set forth in the Recitals, Part A of this Ordinance.
(a). The City Council of the City of Irwindale hereby finds that the project
identified above is exempt from the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15061 (b) (3)
of Division 6 of Title 14 of California Code of Regulations.
(b) The City Council hereby specifically finds and determines that, based upon
the findings set forth below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project, no significant adverse environmental effects will occur.
(c) The City Council hereby specifically finds and determines that, having
considered the records as a whole, there is no evidence that the Project contemplated by the
Amended Development Agreement, and as conditioned, will not have the potential for an adverse
impact on wildlife resources or the habitat upon which the wildlife depends. Based upon
substantial evidence presented in the record before this Council, this Council rebuts the
presumption of adverse effect contained in subsection 753.5(d) of Title 14, California Code of
Regulations. Notwithstanding the provisions of this paragraph, the applicant shall pay all fees
required for the filing of a Notice of Determination and any fees imposed by the California
Department of Fish and Game prior to the issuance of building permits.
(iii) This Council specifically finds that:
(a) The location, design and proposed uses set forth in the Amended
Development Agreement are compatible with the character of existing development in the
vicinity;
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(b) The Amended Development Agreement will produce within the Project an
environment of stable and desirable character, and will not tend to cause traffic congestion on
surrounding streets;
(c) The proposed development will be well integrated into its setting;
(d) Provision has been designed in the proposed Project for both public and
private open spaces at least equivalent to that required by the Zones; and
(e) The Amended Development Agreement conforms to the General Plan of the
City of Irwindale.
(iv) It is expressly found that the public necessity, general welfare and good zoning
practice require the approval of the Amended Development Agreement.
(v) This City Council hereby approves the Amended Development
Agreement attached hereto as Exhibit 'B."
(vi) The City Council hereby authorizes and directs the Mayor and City
Clerk to execute the Amended Development Agreement on behalf of the City of Irwindale
forthwith upon adoption of this Ordinance.
(vii) The City Clerk shall certify to the passage of this Ordinance and shall cause the
same to be published and/or posted pursuant to City policy.
ADOPTED AND APPROVED this 25th day of February, 1999.
906
Mayor
I, LINDA J. KRVIBRO, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of
Irwindale held on the 11th day of February, 1999, and was finally passed at a regular meeting of
the City Council of the City of Irwindale held on the 250' day of February, 1999, by the following
vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
10')
4putytler of the City of Irwindale
Castellanos, Chavez, Tapia, Mayor Almazan
None
None
Miranda