Loading...
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; W a (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