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Home My WebLink AboutORD 1459ORDINANCE 1459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH OUTFRONT MEDIA, LLC FOR THE APPROVAL OF A CONVERSION OF AN EXISTING DOUBLE SIDED STATIC BILLBOARD TO A DOUBLE SIDED DIGITAL LED BILLBOARD STRUCTURE AT THE REAL PROPERTY LOCATED AT 12921 GARVEY AVENUE ALONG THE 1-10 FREEWAY WITHIN THE CITY OF BALDWIN PARK. WHEREAS, pursuant to the Zoning Code section 153.170, relating to the conversion of existing static -faced billboard to digital -faced billboards as noted in Ordinance 1394; and WHEREAS, pursuant to Zoning Code section 153.170, the billboards shall be required to receive Caltrans approval; and WHEREAS, a development agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on February 24, 2021, to receive comments and consider recommendation to City Council of the proposed Development Agreement (DA 20-02); and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures. In compliance with the California Environmental Quality Act, Section 15063 of the California Environmental Quality Act guidelines, an Initial Study and Negative Declaration has been prepared for this project with the purpose of identifying the project's significant effects on the environment; and WHEREAS, the Initial Study and Negative Declaration was circulated for public comments between January 18, 2021 to February 17, 2018; and WHEREAS, the applicant has agreed to revisions in the project plans, proposed mitigation measures, and terms of the Development Agreement that Ordinance 1459 Page 2 will avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on April 7, 2021; and WHEREAS, the City Council has reviewed the Development Agreement (DA 20-02) (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement (DA 20-02); and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement (DA 20-02) are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 20-02) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located within the Industrial Commercial I-C zone; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 20-02) is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 20-02) is consistent with the provisions of California Government Code §§ 65864 - 65869.5. WHEREAS, the findings set forth in the attached Development Agreement (DA 20-02) and as set forth in the Negative Declaration are hereby incorporated as findings by this City Council in adopting this ordinance, and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on April 7, 2021. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. The City Council hereby certifies the Negative Declaration, and based upon substantial evidence presented to the City Council during the above -referenced hearing, including the Initial Study, any public comments Ordinance 1459 Page 3 received during the public comment period of the Negative Declaration, the written staff reports, verbal testimony, and the development plans, the City Council hereby finds that: a) There is no substantial evidence that the project will have a significant effect on the environment; and b) The negative declaration reflects the City's independent judgment and analysis; and SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: a) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. The proposed billboard structure is located along the 1-10, San Bernardino Freeway. The subject site is not in a General Plan focus area. However, the General Plan has identified the general area for industrial uses. The installation of billboards adjacent to the 1-10 San Bernardino Freeway is a land use that is typically seen within industrial areas adjacent to freeways and would not conflict with future or existing larger scale industrial development. b) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed billboard is compatible with other uses allowed in the project site's land use district and zone. The project site is zoned I-C, Industrial Commercial, which is compatible with the underlying "General Industrial" General Plan Land Use Designation. Furthermore, the property and project site is adequately adjacent to the 1-10 San Bernardino Freeway and said billboard structure is designed to advertise toward the freeway. c) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. Ordinance 1459 Page 4 As mentioned above, the digital -faced billboard is proposed to be located on a property zoned Industrial Commercial (I-C) and is developed with a multi -tenant industrial complex that is consistent with the zone. Furthermore, the construction of the proposed digital billboard will reduce vehicular trips and resources that would otherwise be required for the maintenance or change -out of paper advertisements on a conventional static billboard. As such, it is anticipated that the billboard structure will not be detrimental or injurious to the subject property or the general neighborhood as the surrounding/adjacent areas are also developed with non- residential uses. d) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office, along with review by the Chief Executive Officer and the Planning Division Staff, the Development Agreement (Reference Attachment #2) is consistent with California Government Code Sections 65864- 65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement (DA 20-02), by and between Becker Boards Small, LLC and the City of Baldwin Park, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. The City Council directs the City staff to carry out the terms and conditions of the Development Agreement (DA 20-02) and make any modifications, amendments, or alterations to the Development Agreement (DA 20-02) as deemed administratively necessary from time to time. SECTION 5. The City Council does hereby adopt the Condition of Approval applicable to the Development Agreement (DA 20-02): a) Applicant shall submit a signed wet -stamped survey prepared by a licensed engineer identifying that the distance between the proposed billboard structure at 12921 Garvey Avenue and any other billboard complies with the State of California Outdoor Advertising Act development standards and the Applicant agrees that their proposed billboard sign at 12921 Garvey Avenue will be built in conformance with the State of California Outdoor Advertising Act, including but not limited to being placed 500 feet or more from any other existing billboard. Ordinance 1459 Page 5 SECTION 6. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE 21st day of April, 2021 —tT—) EMMANUEL J. ESTRADA, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: I CITY OF BALDWIN PARK I, MARLEN GARCIA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on March 17, 2021. Thereafter, said Ordinance No. 1459 was duly approved and adopted at a regular meeting of the City Council on April 21, 2021 by the following vote: AYES: COUNCIL MEMBERS: Avila, Damian, Estrada, Garcia, Hernandez NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: oolft&.IA�4 MARLEN GA CIA CITY CLERK