The URL can be used to link to this page

Home My WebLink AboutORD 1395 ORDINANCE 1395 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 BULLETIN DISPLAYS, LLC FOR THE APPROVAL OF NINE DIGITAL BILLBOARD SIGN FACES ON THREE NEW STRUCTURES, NINE STATIC BILLBOARD FACES ON THREE NEW STRUCTURES AND ONE EXISTING THREE SIDED, STATIC FACED BILLBOARD STRUCTURE AT THE REAL PROPERTY GENERALLY LOCATED ALONG THE 1-605 AND 1-10 FREEWAYS WITHIN THE CITY OF BALDWIN PARK WHEREAS, pursuant to the Zoning Code section 153.170, as amended January 14, 2017 billboard structures are permitted within any Interstate Freeway Corridor when meeting the stated development standards 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 November 9, 2016, to receive comments and consider recommendation to City Council of the proposed Development Agreement (DA 15-01); 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 Mitigated 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 Mitigated Negative Declaration was circulated for public comments between September 12, 2016 to October 13, 2016 and (comments were received on the Mitigated Negative Declaration and addressed); and Ordinance 1395 Page 2 WHEREAS, the applicant has agreed to revisions in the project plans, 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 held a duly noticed public hearing pursuant to law on the Agreement on December 7, 2016; and WHEREAS, the City Council has reviewed the Development Agreement (DA 15-01) (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 15-01); and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement (DA 15-01) are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 15-01) 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 — IC zone, General Commercial — C2 zone, or the Freeway Commercial -- FC zone; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 15-01) 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 15-01) is consistent with the provisions of California Government Code §§ 65864 - 65869.5. WHEREAS, the findings set forth in the attached Development Agreement (DA 15-01) and as set forth in the Mitigated Negative Declaration are hereby incorporated as findings by this City Council in adopting this ordinance, and. WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on December 7, 2016. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: Ordinance 1395 Page 3 SECTION 1. 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 b) The mitigated 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 p Code relating to Development Agreements: p 9 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. Because the billboard structures are located along the 1-10, San Bernardino Freeway in several General Plan Focus Areas (Figure LU-4, General Plan Focus Areas) they are identified as areas for larger scale commercial development. The installation of billboards adjacent to the 1-10 San Bernardino Freeway is a land use that is typically seen within commercial areas adjacent to freeways and would not conflict with future or existing larger scale commercial 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. All of the properties where proposed digital- and static-faced billboards are proposed along the 1-10, San Bernardino Freeway are zoned FC, Freeway Commercial or IC, Industrial Commercial, which are compatible with the proposed billboard structure use as opposed to residential uses or mixed uses. Furthermore, all of the properties are adjacent to the 1-10 San Bernardino Freeway and said billboard structures are designed to advertise toward the freeway. Ordinance 1395 Page 4 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. As mentioned above, all of the proposed digital- and static- faced billboards are proposed to be located on properties with either a Freeway Commercial (FC) or Industrial Commercial (IC) zoning designation and said properties are developed with either a commercial use, industrial use or are vacant (reference Table #2). As such, it is anticipated that the billboard structures will not be detrimental or injurious to the subject properties 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. SECTION 3. The City Council hereby approves and adopts the Development Agreement (DA 15-01), by and between Bulletin Displays, 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 15-01) and make any modifications, amendments, or alterations to the Development Agreement (DA 15-01) as deemed administratively necessary from time to time. SECTION 5. 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 T E 21st day of December, 2016 L Li` A NO, MAYOR Ordinance 1395 Page 5 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, 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 December 7, 2016. Thereafter, said Ordinance No. 1395 was duly approved and adopted at a regular meeting of the City Council on December 21, 2016 by the following vote: AYES: COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: oi c ALt e-2/1/(_ J- I P'AAVILA, CITY CLERK