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HomeMy WebLinkAboutOrdinance No. 99-O22 ORDINANCE NO. 99-022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,AMENDING THE CITY ZONING MAP TO REFLECT THE RECLASSIFICATION OF PROPERTY LOCATED AT 221 South Virginia Avenue FROM GENERAL MANUFACTURING (M2) TO SPECIFIC PLAN 4A(SP-4A) CASE NO. Z99-06. WHEREAS, required notice was mailed as set forth in affidavits on file at the Community Developument Department not less than ten days prior to the date of the hearing in compliance with City Code section 88-125, 88-130, 88-135, and 88-140, and Government Code section 65090 and 95091. WHEREAS,the City prepared the Initial Study and Mitigated Negative Declaration in accordance with CEQA, the State CEQA Guidelines, and the City's CEQA implementing procedures, and that the City Council has reviewed and considered the Mitigated Negative Declaration and the comments received thereon. WHEREAS,the Planning Commission recommended the zone change unanimously. WHEREAS,the City and the Applicant sponsored three community meetings on June 23, 1999, July 29, 1999, and October 21, 1999, to solicit input regarding the Project Approvals and to disseminate information regarding the same. WHEREAS,the City published a notice of its intention to adopt the Mitigated Negative Declaration in compliance with Public Resources Code section 21092 in the Azusa Herald on October 7, 1999, which notice also included a notice of the public hearing before the Planning Commission on October 27, 1999. WHEREAS,the City mailed notice of its intention to adopt the Mitigated Negative Declaration in compliance with Public Resources Code section 21092 on September 30, 1999, to the contiguous landowners and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the Planning Commission on October 27, 1999. WHEREAS,the Planning Commission held a duly noticed public hearing on October 27, 1999, on the Initial Study and Mitigated Negative Declaration and on the Project Approvals, during which hearing testimony was received from residents living near the Project site in favor of the proposed Project; no testimony against the Project or against the Initial Study and Mitigated Negative Declaration was submitted. WHEREAS,the Planning Commission voted to continue the public hearing on the Initial Study and Mitigated Negative Declaration and on the Project Approvals to November 10, 1999, in order for the Planning Commission and the public to have more time to study the proposed Project and the documentation relating thereto. WHEREAS, on November 1, 1999, after the comment period had closed on the Initial Study and Mitigated Negative Declaration, the City received a letter from the Department of Conservation, which letter indicated that approximately 3.5 acres of Parcel No. 1 (APN 8615- 016-003),which parcel is owned by the Applicant,has been designated as regionally significant for construction aggregate. WHEREAS,prior to their November 10, 1999 meeting, the Planning Commissioners were provided with the Department of Conservation's letter as well as a staff report which provided the Commissioners information regarding the Project's consistency with the City's mineral resources management policies, the fact that the City has not designated Parcel Nos. 1 and 2 for mineral extraction in the Conservation Element of the City's General Plan, the relative importance of the estimated 1 million ton of construction aggregate on Parcel No. 1 in the context of the regional market for such materials, and the environmental consequences of mining that aggregate. WHEREAS,the Planning Commission held the duly noticed continued public hearing on November 10, 1999, on the Initial Study and Mitigated Negative Declaration and on the Project Approvals, and took further testimony from surrounding residents in support of the Project and further received testimony and a letter from Southdown, Inc., in opposition to the Project and the Initial Study and Mitigated Negative Declaration. WHEREAS, after receiving additional testimony and documentation, the Planning Commission closed the public hearing on November 10, 1999, and deliberated regarding the Initial Study and Mitigated Negative Declaration and the Project Approvals, and duly considered all information presented to it, including the additional information which had been received regarding the mineral resources on Parcel No. 1 and the relative importance of the resources to the regional market. WHEREAS, after due deliberation and consideration of the Initial Study and Mitigated Negative Declaration and the written and oral comments received both during and after the comment period thereon, and after fully considering the importance of the mineral resources on Parcel No. 1 in the context of the regional market, the Planning Commission voted unanimously to recommend that the City Council approve the Initial Study and Mitigated Negative Declaration, and further recommended that the City Council approve the Project Approvals. WHEREAS,the City has sent a response to the Department of Conservation letter received on November 1, 1999,which response includes the statement specifying the reasons for permitting the proposed land uses, which statement was forwarded to the State Geologist and the State Board of Mining and Geology. WHEREAS,the City again published a notice of its intention to adopt the Mitigated Negative Declaration in the Azusa Herald on November 25, 1999,which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS,the City again mailed a notice of its intention to adopt the Mitigated Negative Declaration to the contiguous landowners and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS, on November 15, 1999, the City mailed a specific notice to Southdown, Inc., of the City Council's intention to adopt the Mitigated Negative Declaration,which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS,the members of the City Council have been provided with copies of the Initial Study and Mitigated Negative Declaration and the comments received both during and after the comment period, and have fully reviewed the documents and comments and comments thereon, as well as the other information in the record of proceedings, and have further considered the importance of the mineral resources on Parcel No. 1 in the context of the regional market. THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That in accordance with Section 88-585 of the Azusa Municipal Code, it is found that the project would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversely affect the public peace, health, safety or general welfare, and provided the conditions of approval are adhered to, the Planning Commission hereby recommends approval and adoption of said Zone Change based on the following findings: A. That the proposed amendment is consistent with the goals,policies, and objectives of the General Plan: The Parkside Specific Plan 4A provides regulations, guidelines, and standards that are consistent with and implement the goals and policies of the General Plan. In particular, the General Plan Goals and Objectives pertaining to land use, circulation, and community design are addressed. Land Use Element Primary Community-Wide Land Use Goal:Ensure that the type, amount, design, and pattern of all land uses throughout the City and planning area serve to protect and enhance the character and image of Azusa as a desirable residential urban community. The Parkside Specific Plan4A redesignates an infill area, with existing residential and park uses on three sides, as a new residential area. It assures quality development through provision of Development Standards and Regulations. Circulation Element Objective: To develop a balanced system of circulation which incorporates motor vehicles,pedestrians, bicycles, and other private and public transportation modes with greater safety and increased energy efficiency. The Parkside Specific Plan 4A incorporates neo-traditional circulation planning concepts including streets intended to slow traffic and to reduce overall pavement area. Sidewalks separated from the street by planted parkways add to pedestrian safety and enhance the neighborhood street scene. Community Design Element Goal:Provide guidelines for design treatments of public and private buildings which are aesthetic yet economically practical. Architectural design guidelines provided with this document are intended to ensure adequate quality and detail for a moderate-income residential development. These guidelines also provide standards for both the City and developer to reference when processing proposed site development plans. B. The proposed amendment will not adversely affect surrounding properties: A Mitigated Negative Declaration with mitigation measures has been prepared. The mitigation measures serve to prevent adverse impacts on the future homes to be constructed on the site, surrounding sensitive land uses, and service systems. No impacts to surrounding properties, apart from the temporary impacts of construction which are to be mitigated, have been found. SECTION 2: The land uses proposed in conjunction with the Zone Change will be compatible with the continuation of the surface mining operation, as well as with its reclamation as a landfill and ultimately as open space. SECTION 3: The proposed access routes to the area which is the subject of the Zone Change will be compatible with the continuation of the mining operation of Southdown, Inc., and will in no way interfere with the access routes to that mining operation. SECTION 4: The proposed land uses which are the subject of this Zone Change Plan are consistent with the City's mineral resource management policies, inasmuch as the subject site has not been identified as a site to be used for mineral extraction in the Conservation Element of the City's General Plan, and further consistent with said policies since the City finds that the extraction of minerals on the project site would be detrimental to the existing portion of Zacatecas Park and the existing residential development to the north, east, and south of the project site. SECTION 5: The City Council has balanced the importance of the mineral resources on the site to their market region as a whole and has struck a balance in favor of the proposed Zone Change. SECTION 6: The City Council adopts and incorporates herein by this reference the `. \. response sent to the Department of Conservation's letter, which letter was received on November 1, 1999, and which response includes the statement specified the reasons for permitting the proposed land uses, and which statement was forwarded to the State Geologist and the State Board of Mining and Geology,which agencies have not commented further on the project or the statement. SECTION 7. The Zoning Map of the City of Azusa is hereby amended to reflect the change in zoning for the property located at 221 S. Virginia Avenue from General Manufacturing (M2)to Specific Plan 4A(SP-4A). SECTION 8. Pursuant to the State CEQA guidelines, a mitigated negative declaration has been prepared and reviewed, finding that the proposed project could not have a significant effect on the environment. SECTION 9. The City Clerk shall certify the passage of this ordinance and shall cause the same to be published in compliance with Division 3, Article II, Chapter 86 of the Azusa Municipal Code. 04 PASSED, A' 'ROV i D AND ADOPTED this 20th day of December, 1999. lip . , ,, l Cristina Cruz Madrid, Mayor ATTEST: /,At A , i dolphA 9•lis, City l6rk , Adolph A. Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 99-022 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of December, 1999, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of December 1999, by the following vote to wit. AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE NOES: COUNCILMEMBERS: MADRID ABSENT: COUNCILMEMBERS: NONE / d/ : `/ 7:,..24 Adolph A. •lis, City Clerk APPROVED AS TO FORM: RI --- ity Attorney