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HomeMy WebLinkAbout664ORDINANCE NO. 664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, CHANGING THE ZONE DESIGNATION FROM A-1 (AGRICULTURAL) TO OS (OPEN SPACE) FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF ARROW HIGHWAY AND THE 1-605 FREEWAY (APN 8533-003-909) WHEREAS, Kare Youth League, Inc., the Applicant, is requesting that the existing zoning designation of A-1 (Agricultural) be changed to OS (Open Space) for property located at the northeast corner of the intersection of Arrow Highway and the 1-605 Freeway, Irwindale, California 91706, in the County of Los Angeles. The subject property is more specifically identified as APN 8533-003-909. Hereinafter in this Ordinance, the subject zone change shall be referred to as the "Application." WHEREAS, On September 19, 2012, 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, recommended that the City Council certify the Finding of No Significant Impact and approve Zone Change No. 1-08. WHEREAS, On October 24, 2012, the City Council 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, the City Council conducted a first reading of this Ordinance certifying the Finding of No Significant Impact and approving Zone Change No. 1-08. WHEREAS, All legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Ordinance are true and correct. 2. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to this Application, including written staff reports and verbal testimony, this City Council hereby specifically finds as follows: a. The approval of the proposed zone change will preclude land use incompatibilities since the vacant property is currently zoned for single-family residential uses on property that is bordered by flood control facilities, industrial uses, and the 1-605 Freeway. The proposed zone change is consistent with Section 17.84.010 of the Irwindale Municipal Code, which reads as follows: "the classification Ordinance No. 664 Page 1 of property may be amended whenever the public interest and necessity so require." b. The 14.3-acre site is adequate in size, shape, topography, location, and other factors to accommodate the proposed athletic facility. c. Adequate street access and traffic capacity are available to serve the proposed development and anticipated development in the surrounding area. The site takes access directly from Arrow Highway. d. Adequate utilities and public services are available to serve the proposed development, as well as existing and anticipated development in the surrounding area. e. The use and development, as described herein, will be compatible with the existing and intended character of the area. f. The proposed use, as described herein, will not be materially detrimental to the public welfare or injurious to the adjacent properties. 3. The City Council hereby specifically finds and determines that the project, as proposed, is located on a site owned by the Federal Government and, therefore, the environmental review was prepared pursuant to the National Environmental Protection Act (NEPA), instead of the California Environmental Quality Act (CEQA). An Environmental Assessment was prepared as well as a Finding of No Significant Impact (FONSI). CEQA provides for the use of a NEPA document in place of a CEQA document, so long as it complies with the CEQA Guidelines for environmental review compliance. 4. Based upon the substantial evidence and conclusions set forth herein above and upon other oral evidence presented at the public hearing, this City Council hereby approves the application certifying the FONSI and amending the Zoning Map changing the zoning designation for the subject property from the current A-1 (Agricultural) to OS (Open Space). 5. The City's Zoning Map is hereby amended to change the zoning designation for the subject property from the current A-1 (Agricultural) and to OS (Open Space). 6. The Deputy City Clerk shall certify as to the passage and adoption of this Ordinance. 7. The Deputy City Clerk shall forthwith transmit a certified copy of this Ordinance, by certified mail, to the Applicant at the address of record set forth in the Application. Ordinance No. 664 Page 2 ra M. Nieto, CMC puty City Clerk None None None 1.2_u-ra M. Nieto, CMC eputy City Clerk PASSED, APPROVED, and ADOPTED this 14 th day of November 2012. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 664 was duly introduced at a regular meeting of the Irwindale City Council held on the 24 th day of October 2012, and was duly approved and adopted on second reading at its regular meeting held on the 14 th day of November 2012, by the following vote of the Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmennbers: Breceda, Fuentes, Garcia, Ortiz, Mayor Miranda AFFIDAVIT OF POSTING I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 664, adopted by the r ity duncil of the City of Irwindale at its regular meeting held November 14, 2012 to be posted at the City/Hill Library, and Post Office on November 15, 2012 Dated: November 15, 2012 ura M. Nieto, CMC puty City Clerk Ordinance No. 664 Page 3