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HomeMy WebLinkAbout572N ORDINANCE NO. 572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT AND RELATED NEGATIVE DECLARATION FOR THE REPLACEMENT OF AN EXISTING BILLBOARD AT 13260 LIVE OAK LANE A. RECITALS (i) California Government Code Sections 65864 at seq. ("Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development. (ii) Attached to this Ordinance, Marked Exhibit "A" and incorporated herein by reference, is a proposed Development Agreement, which hereinafter is referred to as "the Development Agreement." (iii) Mr. Ron Cipriani, hereinafter in this Ordinance referred to as "Developer", has a leasehold interest to that certain portion of real property generally located at approximately 1250 feet South of Arrow Highway, 605 Freeway E/L ("Billboard Site"), legally described within the Development Agreement, and situated on the real property in the City of Irwindale, County of Los Angeles, California, commonly known as the Nu - Way Live Oak Pit, specifically located at 13260 Live Oak Lane, as described within the Development Agreement (the "Site"). Developer wishes to either use the Existing Billboard on the Billboard Site or remove and replace the billboard on the Billboard Site and install a new billboard thereon (the "Project"). Owner is the owner of legal and/or equitable interests in the Site and thus qualifies to enter into this Agreement in accordance with Development Agreement Law. (iii) The Site is located within the City's M-2 Zone (Heavy Manufacturing) and designated by the Land Use Designation of the General Plan as Industrial. (v) On May 1, 2003, the Planning Commission of the City, at a duly noticed hearing to consider the approval of this Agreement and related environmental analysis, adopted Resolution No.396(03) recommending approval of this Agreement and certification of Negative Declaration No. 4-03 ND to the City Council. ( Ordinance No. 572 Page 1 (vii) City finds and determines that all actions required of City precedent to approval of this Agreement by Ordinance No. 572 of the City Council have been duly and regularly taken. -. (viii) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Irwindale hereby 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, based on the Initial Study and Negative Declaration No. 4-03 ND, which have been prepared in compliance with the provisions 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 the California Code of Regulations, hereby determines that this proposal will not have a significant impact on the environment. (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 Project, no significant adverse environmental effects will occur. (c) The City Council hereby specifically finds and determines that, having considered the record as a whole, there is no evidence that the Project contemplated by the Development Agreement, and as conditioned, will not have a 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. (ii) The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City's police power, and this Agreement is consistent with the City's General Plan. This Agreement and the proposed Project will achieve a number of City objectives including removing blight and revitalizing and reutilizing the Sites and the immediate vicinity, assuring that redevelopment within the Irwindale Community Redevelopment Agency's Industrial Development Project area is not hampered by the presence of billboards by assuring that the Billboard on the Site is removed upon commencement of any development thereon, and by enhancing commercial uses in the area surrounding the Site and providing for the for maintenance of the Billboard and of the Billboard Site for the term of the Development Agreement. Ordinance No. 572 Page 2 (iii) It is expressly found that the public necessity, general welfare and good zoning practice require the approval of the Development Agreement. (iv) This City Council hereby approves the Development Agreement attached hereto as Exhibit "A." (v) The City council hereby authorizes and directs the Mayor and the City Clerk to execute the Development Agreement on behalf of the City of Irwindale forthwith upon adoption of this Ordinance. (vi) The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. PASSED, APPROVED, and ADOPTED this 23rd day of J ATTEST: a J. ki C Deputy City Clerk Breceda, Mayor Ordinance No. 572 Page 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 572 was duly introduced at a regular meeting of the Irwindale City Council held on the 9th day of June 2003, and was duly approved and adopted on second reading at its regular meeting held on the 23rd day of June 2003, by the following vote of the Council: AYES: Councilmembers: Miranda, Garcia, Ramirez, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: Tapia ABSTAIN: Councilmembers: None Jda J. K o, CMC Deputy City Clerk Fh AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 572 adopted by the City Council of the Cly of Irwindale at its regular meeting held June 23, 2003, to be posted at the City Hall, Library, and Post Office on June 25, 2003. I L' J. Kimbro,MC Dated: June 25, 2003 Deputy City Clerk Fh Ordinance No. 572 Page 4