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HomeMy WebLinkAbout576ORDINANCE NO. 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REZONING PROPERTY LOCATED BETWEEN MARTINEZ STREET AND OLIVE STREET IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, CALIFORNIA FROM THE CURRENT C-3 (HEAVY COMMERCIAL -RESIDENTIAL) ZONING DESIGNATION TO R-1 (SINGLE FAMILY RESIDENTIAL) ZONING RECITALS WHEREAS, the City Council is desirous of protecting and promoting the public health, safety and welfare by ensuring that properties in the City are in harmony with their respective zoning classifications to obviate future land use incompatibilities; and WHEREAS, the Applicant, the City of Irwindale and Irwindale Community Redevelopment Agency have purchased property located between Martinez Street and Olive Street, Assessor Parcel No. 8417-033-948 and Assessor Parcel No. 8417-033-949 ('Property") for purposes of constructing up to three (3) single- family dwellings for first-time home buyers; and WHEREAS, Chapter 17.12 of the Irwindale Municipal Code (IMC) provides for the establishment and designation of zones in the City; and WHEREAS, rezoning and other amendments to zoning ordinances are legislative acts and not ad judicatory in nature and executed by means of adoption of an ordinance; and WHEREAS, the City of Irwindale being a Charter City follows statutory provisions authorizing division into zones as specified in Government Code Section 65851; and WHEREAS, on August 7, 2003, the Planning Commission conducted a duly noticed public hearing, as required by law, at which time they heard public testimony, discussed the proposed zone change, and after discussion of the proposed action, and verification of the General Plan land use classification of the property as 'Residential' the Planning Commission approved Resolution No. 402(03) recommending that the City Council approve the proposed Zone Change Case No. 2-03 ZC; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. Ordinance No. 576 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Ordinance are true and correct. Section 2. Based upon the progress report presented by staff on the proposed Zone Change, this City Council hereby specifically finds as follows: a. The City Council recognizes that land uses must properly correspond with their respective zoning classifications in order to mitigate land use incompatibilities and nuisances. b. That in accordance with Government Code Sections 65853 through 65857 and Chapter 17.12 of the Irwindale Municipal Code, the City has followed the procedures for amending city zoning ordinances, including but not limited to, holding a noticed public hearing by the Planning Commission and a noticed public hearing by the City Council for consideration and approval of the recommended action by the Planning Commission in adopting the present zoning amendment. Section 3. The City Council hereby amends the zoning designation of the Property from C-3 (Heavy Commercial -Residential) to R-1 (Single Family Residential). Section 4. That the Official Zoning Map cited in Section 17.12.020 of the Irwindale Municipal Code be amended in order for the property to coincide with the new R-1 (Single Family Residential) zoning classification. Section 5. The Secretary shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED THIS 8th DAY OF Mark A. Breceda, Mayor ATTEST: Ordinance No. 576 Page 2 R 2003. FL N 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. 576 was duly introduced at a regular meeting of the Irwindale City Council held on the 25th day of August 2003, and was duly approved and adopted on second reading at its regular meeting held on the 8th day of September 2003, by the following vote of the Council: AYES: Councilmembers: Miranda, Tapia, Garcia, Ramirez, Mayor Breceda NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None t Ihda J. 4Cmbro, CMC Deputy City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 576 adopted by the City Council of the City of Irwindale at its regular meeting held September 9, 2003, to be posted at the City Hall, Library, and P t Office on September 9, 2003. i a J. Kim o, C I' Dated: September 9, 2003 Deputy City Cler Ordinance No. 576 Page 3