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HomeMy WebLinkAboutOrdinance No 1516-Development Agreement Digital Billboard AllvisionORDINANCE NO. 1516 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 ALLVISION LLC FOR THE APPROVAL FOR THE CONSTRUCTION OF A TWO-SIDED DIGITAL BILLBOARD LOCATED IN THE RAILROAD RIGHT-OF-WAY ADJACENT TO 3100 BALDWIN PARK BLVD, WITH THE SPECIFIC LOCATION SHOWN ON THE PLANS ON FILE WITH THE CITY PLANNER WHEREAS, on June 19, 2024, the City of Baldwin Park City Council adopted Ordinance No. 1510 updating billboard and signage regulations in the City; and WHEREAS, pursuant to the Zoning Code section 153.170.110 relating to new static or digital billboard construction, digital billboard project shall meet these Municipal Code requirements; and WHEREAS, pursuant to Zoning Code section 153.170.110, the billboards shall be required to receive Caltrans approval; and WHEREAS, an agreement with the City of Baldwin Park will be required; WHEREAS, on August 7, 2024, the City of Baldwin Park Planning Division received an application from Allvision LLC ("Applicant') requesting approval for the construction of a new, two-sided digital LED billboard located in the railroad right-of-way immediately south of 3100 Baldwin Park Boulevard; and WHEREAS, in accordance with Baldwin Park Municipal Code (BPMC) Section 153.810.850 a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on January 22, 2025, to receive comments and consider recommendation to City Council of a proposed Development Agreement (DA 24-01) between the City and Applicant for construction of the proposed billboard; and WHEREAS, the Planning Commission at such hearing, adopted Resolution PC 25-04 recommending that City Council approve the proposed Development 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 65431.00103\43240607.2 Ordinance 1516 Page 2 Environmental Quality Act, Section 15063 of the California Environmental Quality Act guidelines, an Initial Study (IS) and Mitigated Negative Declaration (MND) 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 Mitigated Negative Declaration was circulated for public comments between December 23, 2024 to January 13, 2025; and WHEREAS, the Applicant has agreed to proposed mitigation measures, and terms of the Development Agreement that will avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and WHEREAS, the City Council has reviewed the Development Agreement (DA 24-01) (attached as Attachment "2" 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 24-01) and make the findings set forth below pursuant to BPMC Section 153.210.860; and WHEREAS, the findings set forth in the attached Development Agreement (DA 24-01) and as set forth in the Mitigated Negative Declaration are hereby incorporated as findings by this City Council in adopting this ordinance, and WHEREAS, on February 19, 2025, the City Council held a duly noticed public hearing as required by law, to consider first reading to the proposed ordinance to approve the Development Agreement. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. The recitals above are true and correct and incorporated herein by reference. SECTION 2. The City Council hereby certifies the Mitigated Negative Declaration, and based upon substantial evidence presented to the City Council during the above -referenced hearing, including the Initial Study, any public comments received during the public comment period of the Mitigated 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 65431.00103\43240607.2 Ordinance 1516 Page 3 b) The negative declaration reflects the City's independent judgment and analysis; and SECTION 3. The City Council hereby adopts the following findings of fact pursuant to Section 153.210.860 of the Baldwin Park 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 digital billboard project is consistent with the General Plan, specifically Goals 1 and 5 of the Economic Development Chapter. Goal 1 encourages and facilitates activities that expand the City's revenue base. The City will collect fees as negotiated through the Development Agreement, which will bring much needed revenue to the City. Also Goal 5 of the same chapter promotes economic development along the 1-10 corridor through the establishment of uses most likely to benefit from freeway frontage. The proposed project fits this description since the billboards location next to the freeway is essential for the advertising to reach potential customers. 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 will be located in the FC, Freeway Commercial zone, which is intended commercial uses that benefit from close proximity to the freeway. The digital billboard will be constructed immediately adjacent to the freeway and will capitalize on the thousands of potential customers that travel this particular section of the 1-10 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. The proposed billboard will not be detrimental to the general welfare of the persons residing in the area or injurious to the property or persons in the general neighborhood or city as a whole. The lower section of the billboard will take up a tiny 65431.00103\43240607.2 Ordinance 1516 Page 4 portion of land of approximately 36 square feet in area and this land is located in the railroad right-of-way where other commercial uses are not typically allowed by Metro. Also, the billboard advertising faces will be oriented toward the freeway and not be very visible, if at all, from the neighboring properties. The billboards will operate in a safe manner pertaining to brightness and frequency of scrolling that are established by Federal, State, and local standards. d) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Cal. Gov't Code Section 65864 through 65869.5 are State laws that govern how development agreements shall be completed and the City's Municipal Code Section pertaining to development agreements, BPMC 153.210.850, provides local standards and processes for development agreements that are consistent with State law. The Development Agreement includes conditions, terms, restrictions and requirements as permitted by Cal. Gov't Code Section 65864 through 65869.5. SECTION 4. Based on the aforementioned findings, the City Council hereby approves the Development Agreement (DA 24-01), by and between Allvision LLC and the City of Baldwin Park, in the form as attached hereto as Attachment "2", and authorizes its execution and all actions necessary to comply with its terms subject to the following conditions of approval: 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. SECTION 5. Ordinance No. 1516 is approved for introduction and first reading on February 19, 2025 and adoption at the second reading on March 5, 2025. 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. 65431.00103\43240607.2 Ordinance 1516 Page 5 PASSED AND APPROVED ON THE, TH , y of MARCH, V./ AL J 410'1AAVILA",MAYOR U1 I T HI I UMIN4r- T STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, CHRISTOPHER SAENZ, 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 February 19, 2025. Thereafter, said Ordinance No. 1516 was duly approved and adopted at a regular meeting of the City Council on March 5, 2025 by the following vote: AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA NOES: ABSTAIN: ei-tRfSTi+fER SAENZ, CITY CLERK 54-c-141- 65431.00103\43240607.2