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
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