HomeMy WebLinkAbout2000 087 CC RESO2000 087 CC RESO (Ìì ½ î RESOLUTION 2000-87
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: THE MICHAEL TOUHEY COMPANY;
LOCATION: 12793 GARVEY AVENUE; CASE NO.: ZV-
663).
WHEREAS, a zone variance application seeking to make conforming an
existing outdoor advertising structure billboard) that exceeds the maximum allowable
height and sign face area was submitted on behalf of the Michael Touhey Company, for
the existing billboard located at 12793 Garvey Avenue, in the City of Baldwin Park,
described more particularly in the application on file with the Planning Division of the
City of Baldwin Park; and
WHEREAS, the applicant, the Michael Touhey Company requested a
zone variance which allowed for the existing billboard to exceed the maximum allowable
height and sign face area; and
WHEREAS, on May 24, 2000 the Planning Commission held a duly
noticed public hearing and voted to deny ZV-663, not allowing the existing billboard to
exceed the maximum height and sign face area; and
WHEREAS, the Michael Touhey Company, filed a timely appeal of the
Planning Commission's decision to deny said application to the City Council; and
WHEREAS, a duly noticed public hearing was held on said appeal by the
City Council on August 16, 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
and its geographical constraints i.e. the Baldwin Park Boulevard vehicular
overpass) may impose a hardship on the property; and
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2000 087 CC RESO (Ìì ½ î Resolution No. 2000-87
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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 Plan 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 August 16, 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) That the term of the approval for the existing outdoor
advertising structure shall be twenty years; and
d) 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
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2000 087 CC RESO (Ìì ½ î Resolution No. 2000-87
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e) 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 at no cost to the City within
seventy-two hours of receipt of a request by the City; and
f) That the Applicant shall provide to the greatest extent
feasible landscaping and irrigation within the front yard areas of the
subject site. The Applicant shall work in conjunction with Planning
Division staff to determine the location of any proposed landscaping and
irrigation. Further, the Applicant shall provide to the City's Planning
Division landscaping and irrigation plans for approval; and
g) That the Applicant shall provide landscaping and irrigation
along that portion of the City right-of-way abutting to the 1-10 San
Bernardino Freeway adjacent to the project location. The Applicant shall
provide to the City's Planning Division landscaping and irrigation plans for
approval; and
h) That the Applicant shall paint the existing building. Any paint
colors shall be subject to review and approval by the City's Planning
Division; and
i) That the Applicant shall provide uniform signage for the
existing tenants. The Applicant shall work in conjunction with the Planning
Division staff to determine the signage necessary and feasible for the
tenants. The Applicant shall obtain any permits deemed necessary by the
City's Planning and Building Divisions; and
j) 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
k) That the applicant shall comply with all conditions of
approval within three 3) 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
I) 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.
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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 6th day of September, 2000.
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 6th day of September, 2000 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Linda Gair, Marlen Garcia, William Bill" Van
Cleave, Mayor Pro Tern Ricardo Pacheco and
Mayor Manuel Lozano
None
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