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Home My WebLink About2000 045 CC RESO2000 045 CC RESO(Ìì°šÖRESOLUTION 2000-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OVERTURNING THE PLANNING COMMISSION'S DECISION TO DENY A ZONE VARIANCE AND APPROVING THE ZONE VARIANCE ALLOWING AN OUTDOOR ADVERTISING STRUCTURE TO EXCEED THE MAXIMUM ALLOWABLE HEIGHT AND SIGN FACE AREA APPLICANT: KEN SP1KER AND ASSOCIATES REPRESENTING REGENCY OUTDOOR ADVERTISING; LOCATION: 12911-12921 GARVEY AVENUE; CASE NO.: ZV-657). WHEREAS, a zone variance application seeking to allow an outdoor advertising structure billboard) to exceed the maximum allowable height and sign face area was submitted on behalf of Regency Outdoor Advertising, for the proposed billboard located at 12911-12921 Garvey Avenue, in the City of Baldwin Park, described more particularly in the application on file with the Principal Planner of the City of Baldwin Park; and WHEREAS, the applicant, Ken Spiker & Associates representing Regency Outdoor Advertising requested a zone variance which allowed for a proposed billboard to exceed the maximum allowable height and sign face area; and WHEREAS, on April 26, 2000 the Planning Commission held a duly noticed public hearing and voted to deny ZV-655, not allowing a proposed billboard to exceed the maximum height and sign face area; and WHEREAS, Ken Spiker and Associates, on behalf of Regency Outdoor Advertising, filed a timely appeal of the Planning Commission's decision to the City Council; and WHEREAS, a duly noticed public hearing was held on said appeal by the City Council on June 7, 2000; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings of Fact. Based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the property, it is hereby determined that the applicant has shown, to reasonable satisfaction that the zone variance should be granted: a) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved: The maximum height and sign face area standards were written to apply to displays on sites at street grade level along city streets. The location of the subject property BIB] 37935-U01 2000-U02 045-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO30782-U03 C6-U03 RESO-U03 11/10/2003-U04 ROBIN-U04 2000 045 CC RESO(Ìì°šÖResolution 2000-45 Page 2 and its geographical constraints i.e. the Baldwin Park Boulevard vehicular overpass) may impose a hardship on the property; and b) That approval of the requested variances is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question. Property owners along the segments of Arrow Highway. Ramona Blvd. and the 1-605 Freeway where the 0) overlay has been applied are allowed to display billboards in a manner that maximizes visibility to passing motorists. Because of higher rates of speed along the 1-10 freeway as compared to city streets, strict application of the code could result in the denial of a property right possessed by billboard owners along Arrow Highway, Ramona Boulevard, and the 1-605 Freeway; and c) That approval of the requested variances will not be materially detrimental to the public welfare or injurious to the adjacent properties. Aesthetic controls fall under the public welfare" authority of a City's police powers. By approving the outdoor overlay district zoning, the City has determined that billboards are not visually offensive at this particular location. The requested variance simply allows the billboard to be more visible and effective, and therefore will not be materially detrimental to the public welfare. Operational standards are enforced by CalTrans to prevent displays that could be distracting to passing motorists on the 1-10 freeway; and d) That approval of the requested variances will not adversely affect the General Plan. The City's current General Pan is silent on issues related to freeway and gateway aesthetics and the enforcement of high community design standards. The 1-10 freeway is not a designated scenic highway. And finally, there are no policies in the General Plan that speak directly to issues related to the appropriateness of billboards within the City. SECTION 2. That the Application, as herein above described, be the same and is hereby approved subject to the following conditions. a) That the site shall be developed and maintained in substantial accordance with Exhibit A" dated June 7, 2000; and b) That the applicant shall obtain clearance from, and show evidence to the City approval from, the California Department of Transportation CALTRANS) for the installation of the billboards; and c) Prior to the issuance of building permits for the proposed billboards, the applicant and property owner shall execute a separate agreement with the City, memorializing the applicant's proposal in its zone change and zone variance applications, consisting of the following: d) That the term of the approval shall be twenty years; and BIB] 37935-U01 2000-U02 045-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO30782-U03 C6-U03 RESO-U03 11/10/2003-U04 ROBIN-U04 2000 045 CC RESO(Ìì°šÖResolution 2000-45 Page 3 e) A one-time payment of $100,000 for the outdoor advertising structure to the City unless otherwise indicated in the Development Agreement; and f) That no objectionable copy will be displayed such as advertising for tobacco products, strip clubs, shopping centers in other cities, auto dealerships in other cities, big box stores in other cities, etc.; and g) That due to the difficulty of defining all objectionable advertising in writing, the applicant will agree that any copy determined objectionable by the City will be removed within seventy-two hours of receipt of a request by the City; and h) That the City of Baldwin Park will be provided outdoor advertising space one face) for thirty days each year on the approved structure. The City will specify one year in advance the time of the year the space is needed. The City will specify the copy desired sixty days in advance of its being displayed. Copy desired by the City will be designated and produced by the applicant and will be installed and de- installed at no cost to the City. i) That it would be assumed by both the Developer and the City that the billboards and their use have no value to the property owner or the developer if, a redevelopment project is initiated on the site where the structure is located. The appraisal of the sites where the billboard is located will not include improvement value based on the existence of the billboard. The Developer would agree that no payment will be made to either the Developer or the property owner by the Redevelopment Agency for any billboard structure or the use thereof that is required to be removed and relocated by the City due to the implementation of a redevelopment project. j) The Developer agrees that any billboard that is required to be relocated due to a conflict with a redevelopment project will be done at no cost to the City or the Redevelopment Agency not later than 30 days following the initiation of a redevelopment project on the site. Any site that requires relocation of the outdoor advertising structure will be selected jointly by the City and the Developer. The Developer further agrees that any outdoor advertising structure that requires relocation will be relocated to a site adjacent to the 1-10 Freeway. k) That all sign copy shall be continuously maintained in good condition, and shall be repaired or replaced at the sign of wear and tear; and I) That the Applicant shall provide a decorative, architecturally compatible refer to the Sierra Vista Redevelopment Project Area Design BIB] 37935-U01 2000-U02 045-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO30782-U03 C6-U03 RESO-U03 11/10/2003-U04 ROBIN-U04 2000 045 CC RESO(Ìì°šÖResolution 2000-45 Page 4 Guidelines) feature to conceal the steel pole. Any proposed feature shall be subject to review and approval by the City's Planning Division; and m) That the applicant shall comply with all conditions of approval within nine 9) months after the date of City Council approval. Any violations of these conditions are grounds for immediate revocation pending a duly noticed public hearing by the Planning Commission or City Council on appeal. Any costs associated with the revocation of this zone variance shall be paid by the applicant and/or owner; and n) That the applicant shall sign a notarized affidavit within twenty 20) days after the date of the adoption of the City Council resolution stating that the applicant has read and accepts all of the conditions of approval. SECTION 3. That the City Council relied upon the Administrative Records, and the evidence presented at the public hearing, in making the Findings of Fact, and in reaching the conclusion that the appeal should be approved. SECTION 4. That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed Negative Declaration of Environmental Impact, and comments relating thereto. That the City Council, based on its public review, does hereby approve the proposed Negative Declaration, since there is no substantial evidence that the project will have a significant impact upon the environment. SECTION 5. That the City Clerk shall certify to the adoption of this resolution and shall forward a copy hereof to the Principal Planner and the applicant. APPROVED AND ADOPTED this 20th day of June, 2000. MANUEL LOZANO, MAYOR BIB] 37935-U01 2000-U02 045-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO30782-U03 C6-U03 RESO-U03 11/10/2003-U04 ROBIN-U04 2000 045 CC RESO(Ìì°šÖResolution 2000-45 Page 5 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss. CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 20th day of June, 2000. by the following vote: AYES: COUNCILMEMBERS: Linda Gair, Marlen Garcia. Bill Van Cleave Cleave Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Rosemary M. Ramirez Deputy City Clerk BIB] 37935-U01 2000-U02 045-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2358-U03 DO30782-U03 C6-U03 RESO-U03 11/10/2003-U04 ROBIN-U04