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Home My WebLink About613ORDINANCE NO. 613 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADOPTING INTERIM DEVELOPMENT REGULATIONS FOR 13025 LOS ANGELES STREET (APN NOS. 8535-020-802; 8535-020-803; 8535-020-804; AND 8535-020-805) AND 13131 LOS ANGELES STREET (APN NO. 8535-020-007) PENDING THE COMPLETION OF STUDIES AND THE PREPARATION OF AN UPDATE OFTHE, CITY'S DEVELOPMENT REGULATIONS FOR THESE AREAS WHEREAS, 13025 and 13131 Los Angeles Street (hereinafter referred to as "the Project Area") is zoned M-2 (Heavy Manufacturing) and has a General Plan land use designation of Industrial; and WHEREAS, the allowed uses for the M-2 Zone, which are set forth in Irwindale Municipal Code (IMC) Chapter 17.66, allow for uses, such as manufacturing and warehousing, that generate no revenues to the City, yet impose significant impacts and damage to the City's roads, storm drains and other infrastructure; and WHEREAS, the retail sales tax is one of the most important revenue sources to cities and counties; and WHEREAS, one-third of the City's land area is occupied by flood control facilities, and another one-third of the City's land area is occupied by mining operations, which severely limits the amount of land available for retail uses; and WHEREAS, 134.5 acres of the City's land area is either owned by Southern California Edison (SCE) or is part of an SCE easement and is occupied with transmission lines; storage yards, and a substation and so is not available for retail uses, and the majority of this land is adjacent to the 1-605 Freeway; and WHEREAS, the market for regional -serving retail uses is such that the most desirable and commercially successful uses have freeway visibility and direct freeway access; and WHEREAS, the Project Area is a potential site that has freeway visibility and direct freeway access and that is also large enough to accommodate regional -serving retail commercial uses; and WHEREAS, the City currently lacks sufficient residential population to attract many local -serving retail uses (such as grocery stores and pharmacies); and WHEREAS, the City Council desires to respond to the concerns of its citizens regarding the need for retail development within the City; and r WHEREAS, the City Council finds and determines that the allowable uses in the M-2 zone may discourage retail development and create a current and immediate threat to the public health, safety or welfare because of the associated environmental impacts, Ordinance No. 613 Page 1 such as noise, air quality, heavy truck traffic, and building mass designs associated with industrial type uses; and WHEREAS, the City Council desires that staff undertake a comprehensive study and analysis of the most appropriate land use and applicable development standards for the Project Area as shown on the map attached hereto and incorporated herein as Exhibit "A" to ensure that such development is undertaken in a manner that is sensitive to the unique qualities of the property; and WHEREAS, Government Code Sections 65858, 36934, and 36937 expressly authorize the City Council to adopt an urgency ordinance and impose interim regulations which are applicable to the subject sites, until the adoption of updated regulations that reassure the public that there will be an updated detailed planning process applicable to these areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIWINDALE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Above -Recitals. The above recitals are true and correct. SECTION 2. Effectiveness of Ordinance. This Interim Urgency Ordinance shall be effective for forty-five (45) days from and after the date of its adoption, pursuant to the authority conferred upon the City Council by Government Code Section 65858(a). SECTION 3. Urgency Declaration. The City Council finds and determines that that the allowable uses in the M-2 zone may discourage retail development and create a current and immediate threat to the public health, safety or welfare because of the associated environmental impacts, such as noise, air quality, heavy truck traffic, and building mass designs associated with industrial type uses as well as unmitigated impacts to the City's infrastructure from such heavy truck use; and Thus, the City Council directs staff to undertake a comprehensive study and analysis of the most appropriate land use and applicable development standards for the Project Area. SECTION 4. Urgency Findings, The City Council finds and determines that the adoption of this Interim Urgency Ordinance is necessary to protect the public safety, health, and welfare, as those terms are defined in Government Code Section 65858(a), for the reasons set forth below in this Section 4. (a) With the update of the City's General Plan in progress, a regional commercial land use designation has been presented for consideration. The City currently lacks comprehensive and adequate provisions in the Zoning Code and General Plan relating to regional -serving retail commercial uses. (b) In order to address the deficiency described in Subsection a, revisions and amendments to the City's Zoning Code and General Plan are required. Ordinance No. 613 Page 2 (c) The deficiency described in Subsection a. leaves the City open to the possibility that the properties could be developed with uses that are inconsistent and incompatible with regional -serving retail commercial uses, which could heavily impact the City's long-term fiscal goals and the provision of vital services. (d) Impacts could reasonably result from the establishment of a non -retail use on these properties before the City has studied and adopted appropriate regulations for these properties. Examples of such potential impacts would be associated environmental impacts, such as noise, air quality, heavy truck traffic, and building mass designs associated with industrial type uses as well as unmitigated impacts to the City's infrastructure from such heavy truck use. (e) The issuance of any permits for the establishment of any new industrial activity would be deemed a threat to the community and public health, safety, and welfare. (f) The moratorium will serve to provide staff time to study the subject area and develop any applicable regulations. Thus, the approval of a development pursuant to the City's existing zoning ordinance would result in that threat to public health, safety, and welfare, as identified above in this Section 4. Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety, and welfare that this ordinance take effect immediately. SECTION 5. Interim Regulations. From and after the date of this Interim Urgency Ordinance, until the adoption of revised regulations, neither the Planning Commission nor the City Council shall approve a discretionary land use development entitlement or discretionary land use permit, building permit, business license, or other entitlement relating to development within the Project Area. SECTION 6. CEQA Finding. The City Council hereby finds that there is no possibility that the adoption of this Interim Urgency Ordinance will have a significant effect on the environment. This finding is supported by the following facts: (1) this ordinance authorizes the undertaking of feasibility and planning studies; and (2) any development which may occur pursuant to the interim standards will not be approved until a complete environmental evaluation of the proposed project has occurred. This Ordinance is therefore exempt from California Environmental Quality Act review pursuant to 14 California Code of Regulations Section 15262. SECTION 7. Vote Required for Adoption of Ordinance. This Interim Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Irwindale by Government Code Section 65858, 36934 and 36937, and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. Ordinance No. 613 Page 3 PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this 11 th day of April 2007 V H. Manu4l Ortiz, Mayor ATTEST: r i J. Ki ro CMC Deputy City Clerk 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. 613 was duly introduced and adopted at a regular meeting of the Irwindale City Council held on the 11 th day of April 2007, by the following vote of the Council: AYES: Councilmembers: Breceda, Gomez, Miranda, Fuentes, Mayor Ortiz NOES: None ABSENT: None ABSTAIN: None in J. Kibro M Deputy City Qk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No.613 adopted by the City Council of the Cit of Irwindale at its regular meeting held April 11, 2007, to be posted at the City Hall, Library, and Post Office on April 23, 2007. Vino Kimbr CM Dated: April 23, 2007 Derp-j&ty City Cler, Ordinance No. 613 Page 4