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HomeMy WebLinkAbout556ORDINANCE NO. 556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO.4 TO DEVELOPMENT AGREEMENT NO. 1 (1993) CONCERNING PROPERTY LOCATED AT 13300 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA, AND ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2 -01 -ND TO PERMIT THE ESTABLISHMENT OF A ONE-EIGHTH MILE DRAG STRIP FOR STREET LEGAL VEHICLES WHEREAS, Irwindale Speedway, LLC ("Applicant') has filed an application ("Application") with the City of Irwindale for an amendment to Development Agreement No. 1(1993), including amendments and extensions thereto (collectively "Development Agreement') for the site located at 13300 East Live Oak Avenue, Irwindale, California ("Site"), wherein the Irwindale Speedway motor sports racing complex is located to allow the construction and operation of a drag strip on the Site for California street -legal, muffled vehicles, adjacent grandstand limited to 1,500 seats and food court (collectively "Drag Strip and Related Facilities"); and WHEREAS, Applicant proposes to limit the times for the operation of the proposed Drag Strip and Related Facilities to those times approved under the Development Agreement; and WHEREAS, Applicant retained a noise consultant to test noise levels anticipated to emanate from the proposed drag strip. The consultant tested noise levels from eight receptor locations around the Site during a test run at the area designated for the drag strip. Applicant has submitted to the City the results of such noise study, which show that the proposed drag strip will not produce noise levels above those permitted under the noise ordinances of Irwindale and the surrounding cities of Arcadia, Azusa, Baldwin Park, Bradbury, Duarte, EI Monte, Monrovia, and Unincorporated County areas, or the noise levels originally approved under the Development Agreement; and WHEREAS, with the cooperation of the Applicant, City has prepared and circulated an initial study concerning any potential environmental impacts of the Drag Strip and Related Facilities, which initial study shows no significant impacts to the environment; and WHEREAS, on March 15, 2001, and July 5, 2001, the Planning Commission of the City of Irwindale conducted duly noticed public hearings on said Application and related environmental assessment, considered all documents and oral testimony, and approved a Resolution recommending to the City Council approval of Amendment No. 4 to the Development Agreement, a copy of which is attached hereto as Exhibit "A" ("Amendment No. 4"); and WHEREAS, on August 9, 2001, the City Council of the City of Irwindale conducted duly noticed public hearings on said Application and related environmental Ordinance No. 556 Page 1 assessment, considered all documents and oral testimony, and found that all conditions necessary to the approval of this Ordinance and approval of Amendment No. 4 have occurred; and 110) WHEREAS, Applicant proposes no changes or modifications to operations addressed in Development Agreement No. 1 (1993) and subsequent Development Agreement Amendment No. 1 and Amendment No. 3; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY ORDAINS AS FOLLOWS: The City Council hereby specifically finds that the above Recitals are true and correct. 2. The City Council finds that the Mitigated Negative Declaration prepared for the project was prepared in compliance with the 1970 California Environmental Quality Act (CEQA) guidelines and revisions, as amended, and guidelines promulgated thereunder, and that the City Council has found the Application to be consistent with Negative Declaration No. 2 -01 -ND adopted on or about June 10, 1993 for the Speedway and Mitigated Negative Declaration No. ND -95-18 adopted on or about January 25, 1996 pursuant to section 21064.5 of the CEQA guidelines. 3. 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. 4. Based upon substantial evidence presented to the City Council during the above -referenced public hearing and oral testimony provided at the hearing, this City Council hereby specifically finds as follows: a. The project for the construction and operation of a drag strip for California street -legal, muffled vehicles, adjacent grandstand limited to 1,500 seats and food court relates to the Site which is comprised of an existing 21 -acre motor sports racing complex within the M-2 zoning district at 400 East Live Oak Avenue, City of Irwindale, California. Ordinance No. 556 Page 2 b. The Site is designated by the General Plan for industrial development and is further designated by the Redevelopment Project Area Plan for commercial/recreational use. C. The nature, condition and size of the Site have been considered. The Site is adequate in size to accommodate the type of development being proposed. d. The times proposed for the operation of the Drag Strip and Related Facilities are coextensive with those times approved under the Development Agreement. e. The proposed drag strip will not produce noise levels above those permitted under the noise ordinances of Irwindale and the surrounding cities of Arcadia, Azusa, Baldwin Park, Bradbury, Duarte, EI Monte, Monrovia, and Unincorporated County areas, or the noise levels originally approved under the Development Agreement. The noise levels will be further mitigated by conditions adopted as set forth in the Exhibit to Amendment No. 4, which conditions include but are not limited to barrier and noise walls. f. Parking facilities and circulation within the Site are adequate to accommodate all vehicles and persons anticipated to attend events or practice times at the Drag Strip and Related Facilities, and will be below maximum levels proposed under the Development Agreement, including amendments nos. 1 through 3 thereto. g. The development and operation of the Drag Strip and Related Facilities, as proposed in Amendment No. 4 to the Development Agreement, will not have an adverse impact on adjacent or adjoining uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and will not adversely affect the health or welfare of persons residing or working in the surrounding area. h. The Site shall continue to be maintained and operated in full compliance with the conditions of the Development Agreement and amendments thereto and any law, statute, ordinance or other regulations applicable to any development or activity of the Site. Failure of the permittee to satisfy the applied standards constitutes a violation of the applicable condition(s), subject to penalties and obligations set forth in the Development Agreement. 5. Based upon the substantial evidence and conclusion set forth herein, the proposed Amendment No. 4 to the Development Agreement attached hereto as Exhibit "A" and conditions of approval attached thereto, presented to the City Council on August 9, 2001, public hearing as set forth above, this City Council hereby finds and concludes that: a. The proposed development of the Drag Strip and Related Facilities conforms to all plans as submitted to and approved by the City Council, and as Ordinance No. 556 Page 3 hereby approves Amendment No. 4 to the Development Agreement for the construction and operation of the Drag Strip and Related Facilities. b. The proposed construction and operation of the Drag Strip and Related Facilities will not adversely affect the environment with the mitigation measures recommended for such project, as set forth in the conditions attached to Amendment No. 4, attached hereto as Exhibit 'A" and as such adopts Mitigated Negative Declaration No. 2 -01 -ND. 6. The City Clerk shall: a. Certify to the adoption of this Ordinance; and b. Forthwith transmit a certified copy of this Ordinance, by certified mail, return receipt requested, to the Applicant at the address as set forth on the Application. ADOPTED AND APPROVED this 20"' day of Se ember, 2001. Mayor I, Linda J. Kimbro, Deputy City Clerk, do hereby certify that the foregoing Ordinance No. 556 was duly introduced at a regular meeting of the City Council of the City of Irwindale held on the 23rd day of August 2001, and was duly approved and adopted at an adjourned regular meeting of the City Council of the City of Irwindale held on the 20"' day of September 2001, by the following vote: AYES: COUNCILMEMBERS: Miranda, Ramirez, Garcia, Tapia, Mayor Breceda NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None 95 1.nn Ordinance No. 556 Page 4 W W a AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 556, adopted by the City Council of the City of Irwindale at its adjourned regular meeting held September 20, 2001, to be posted at the City Hall, Library, and Post Office on eptember 21, 2001. i Li . J. Kimb , MC Dated: September 21, 2001 eputy City CI Ordinance No. 556 Page 5