Loading...
HomeMy WebLinkAbout744ORDINANCE NO. 744 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING ORDINANCE NOS. 718 AND 719 PERTAINING TO THE DEVELOPMENT AND OPERATION OF A MATERIALS RECYCLING FACILITY/TRANSFER STATION (MRF/TS) BY ARAKELIAN ENTERPRISES, INC. D/B/A ATHENS SERVICES AT 2200 ARROW HIGHWAY WHEREAS, in 2017, the City Council and the Irwindale Successor Agency approved resolutions and ordinances pertaining to agreements, a general plan amendment, a zoning code amendment, a conditional use permit and site plan and design review in connection with the sale of the real property located at 2200 Arrow Highway to Athens Services and the development and operation of a materials recycling facility/transfer station (MRF/TS) by Arakelian Enterprises, Inc., a California corporation, doing business as Athens Services (the Project); and WHEREAS, in connection with those actions, the City Council and the Successor Agency certified a Final Environmental Impact Report (FEIR), made findings of fact, and adopted a mitigation monitoring and reporting program and a statement of overriding considerations; and WHEREAS, two lawsuits were filed challenging the resolutions and ordinances approving the Project on the basis of, among other things, alleged inadequacies in the FEIR, Waste Management Collection and Recycling, Inc. v. City of Irwindale, et al., Los Angeles Superior Court Case No. BS163450, and City of Baldwin Park v. City of Irwindale, et al., Los Angeles Superior Court Case No. 163400; and WHEREAS, on September 5, 2019, the Superior Court issued its rulings in these cases, and on October 17, 2019, the Court entered judgments granting in part and denying in part the petitions for writ of mandate; and WHEREAS, on or about October 25, 2019, the City was served with the writs of mandate, issued by the clerk of the Court pursuant to the above -referenced judgments, commanding the City and the Irwindale Successor Agency to set aside and vacate resolutions and ordinances approving agreements, a general plan amendment, a zoning code amendment, a conditional use permit and site plan and design review in connection with the Project; and WHEREAS, the judgments and writs of mandate allow the City to certify a revised FEIR and re -approve the Project at a later date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. 744 Page 1 Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. Section 2. Ordinance No. 718, entitled, "An Ordinance of the City Council of the City of Irwindale Amending Section 8.20.370 of the Irwindale Municipal Code Regarding Solid Waste Franchises, Amending Chapters 17.56 and 17.58 of the City of Irwindale Municipal Code Regarding Material Recovery Facilities in the M-2 (Heavy Manufacturing) Zone and Adding Section 17.56.025 Regarding Distance Requirements for Alcohol Beverage Establishments" is hereby set aside, vacated, and of no further force or effect. Section 3. Ordinance No. 719, entitled, "An Ordinance of the City Council of the City of Irwindale Approving Development Agreement No. 02-2016 with Athens Services to Allow the Construction and Operation of a Materials Recovery Facility and Transfer Station, Convenience Store and Fueling Station on Property Located at 2200 Arrow Highway (APN 8535-001-911), and Making Findings in Support Thereof' is hereby set aside, vacated, and of no further force or effect. Section 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court. Section 5. Certification and Effective Date. The City Clerk shall certify to the passage and adoption of this ordinance; and forthwith prepare a certified copy of this ordinance to be submitted to the Court in compliance with the writs of mandate. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 8th day of January, 2020. Albert F. Ambriz, Mayor Ordinance No. 744 Page 2 ATTEST: 4" _- 'k Lqur4 M. Nieto, MMC C'CKV Deputy City Clerk State of California } County of Los Angeles } ss. City of Irwindale } I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 744 was duly introduced for first reading at a regular meeting held on December 11, 2019, and duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 8th day of January, 2020, by the following vote: AYES: Councilmembers: Breceda, Burrola, Garcia, Ortiz, Mayor Ambriz NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None �n � )/k* ura M. Nieto, MMC hief Deputy City Clerk AFFIDAVIT OF POSTING I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 744, adopted by the City Council of the City of Irwindale at iittsss regular meeting held January 8, 2020 to be posted at the City Hall, Library, and Post Office on January 9, 2020. ✓�-" " Dated: January9, 2020 La ra M. Nieto, MMC C ief Deputy City Clerk Ordinance No. 744 Page 3