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Home My WebLink AboutORD 1399 ORDINANCE 1399 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 BECKER BOARDS SMALL, LLC FOR THE APPROVAL OF A NEW DIGITAL BILLBOARD STRUCTURE AT THE REAL PROPERTY LOCATED AT 1919 PUENTE AVENUE ALONG THE 1-10 FREEWAY 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 as proposed in Ordinance 1398; 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 March 22, 2017, to receive comments and consider recommendation to City Council of the proposed Development Agreement (DA 16-01); 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 February 10, 2017 to March 13, 2017; and 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 Ordinance No. 1399 Page 2 WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on April 19, 2017; and WHEREAS, the City Council has reviewed the Development Agreement (DA 16-01) (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 16-01); and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement (DA 16-01) are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 16-01) 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 Freeway Commercial — FC zone; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 16-01) 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 16-01) is consistent with the provisions of California Government Code §§ 65864 - 65869.5. WHEREAS, the findings set forth in the attached Development Agreement (DA 16-01) 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 April 19, 2017. 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 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 Ordinance No. 1399 Page 3 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 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 in the Dalewood/Puente/I-10 General Plan Focus Area (Figure LU-4, General Plan Land Use Element). The focus area is identified 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. The proposed billboard is compatible with other uses allowed in the project site's land use district and zone. The project site is zoned FC, Freeway Commercial, which is compatible with the underlying "General Commercial" 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 No. 1399 Page 4 As mentioned above, the digital-faced billboard is proposed to be located on a property zoned Freeway Commercial (FC) and is developed with a commercial use (motorcycle dealer) that is consistent with the zone. 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 #1) is consistent with California Government Code Sections 65864- 65869.5 SECTION 3. The City Council hereby approves and adopts the Development Agreement (DA 16-01), 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 16-01) and make any modifications, amendments, or alterations to the Development Agreement (DA 16-01) 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 16-01): a) Applicant shall submit a signed wet-stamped survey prepared by a licensed engineer identifying the distance between the proposed billboard structure at 14230 Dalewood Street and 1919 Puente Avenue which shall comply with the State of California Outdoor Advertising Act development standards and the Applicant agrees that their proposed sign at 1919 Puente Ave 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 the proposed sign at 14230 Dalewood as previously approved per the Development Agreement 15-01 by Bulletin Displays, LLC subsequently approved by the City Council on December 6, 2016. Ordinance No. 1399 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 E 3rd day of u - 017 , -.6, --_ MANUEL LOZANO = ' •R ST:• /)-(1 ' . A JANDRA AVILA, CITY CLERK 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 April 19, 2017. Thereafter, said Ordinance No. 1399 was duly approved and adopted at a regular meeting of the City Council on May 3, 2017 by the following vote: AYES: COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: one ABSENT: COUNCIL MEMBERS: o, - ALE AI'D''A AVI A , CITY CLERK • 4 - • \ \