Loading...
HomeMy WebLinkAbout545specified findings are contained in the Negative Declaration, the staff report and exhibits, and the information provided to this, City Council during the public hearing conducted with respect to the Project and the Negative Declaration. Mitigation measures have been made condition of approval of said Project and are intended to mitigate and/or avoid environmental effects identified in the Negative Declaration initial study and during the evaluation period. (d) 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 have the potential for an adverse 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 ofD.termination and any frees 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; (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 private 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 "A." (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 13' day of November 1997. r 'Patricio S. Mira da, Mayor I, CAMILLE DIAZ, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 519 was introduced at a regular meeting of the City Council of the City of Irwindale held on the 23`d day of October 1997, and was finally passed at a regular meeting of the City Council of the City of Irwindale held on the 13th day of November 1997, by the following vote: AYES: Councilmembers: Almazan, Castellanos, Chavez, Tapia, Mayor Miranda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Camille Diaz, Deputy ORDINANCE NO. 545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE EXTENDING CERTAIN TIME LIMITS APPLICABLE TO THE REDEVELOPMENT PLAN FOR THE PARQUE DEL NORTE REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.6(1)(2) WHEREAS, the Irwindale Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing pursuant to the Community Redevelopment Law (Health & Safety Code § 33000 et sem.) (the "CRL"); and WHEREAS, the City Council of the City of Irwindale (the "City" or "City Council' as appropriate) adopted Ordinance No. 299 on April 15, 1976, which established the Redevelopment Plan for the Parque Del Norte Redevelopment Project (the "Original Plan"); and WHEREAS, the Original Plan was amended by Ordinance No. 411 adopted by the City Council of City on December 18, 1986; and WHEREAS, the Original Plan as amended by Ordinance No. 411 is hereinafter referred to as the Amended Plan; and WHEREAS, the Amended Plan set the duration of the Amended Plan, i.e., the time period in which the Amended Plan is effective, as thirty-five (3 5) years from the date of adoption of the Original Plan, or until April 15, 2011; and WHEREAS, pursuant to the pertinent portions of Assembly Bill 1290, effective January 1, 1994 ("AB1290"), codified at Health and Safety Code Section 33333.6(b), the maximum time period a redevelopment plan may be effective is forty (40) years from the date of adoption of the Plan; and WHEREAS, pursuant to additional pertinent portions of AB 1290, codified at Health and Safety Code Section 33333.6(c), the maximum time limit on receipt of tax increment is ten (10) years following expiration of the effectiveness of the redevelopment plan; and WHEREAS, the City Council of City, by adoption of Ordinance No. 492 on November 17, 1994, further amended the Amended Plan to conform to AB 1290 but Ordinance No. 492 did not alter the time period during which the Amended Plan is effective nor the time limit on receipt of tax increment, as the City had no authority to extend the 35 -year time limit on effectiveness of Plan Amendment under AB 1290 without a regular amendment of the Amended Plan; and WHEREAS, the Amended Plan as amended by Ordinance No. 492 is hereinafter referred to as the 'Plan": and WHEREAS, Assembly Bill 1342, effective January 1, 1999, codified at Health and Safety Code Section 33333.6(f)(2), provides that if a time limit on plan duration, and correspondingly on receipt of tax increment, is less than the maximum allowable, the legislative Ordinance No. 545 Page 1