HomeMy WebLinkAbout667ORDINANCE NO. 667
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWIN DALE
APPROVING DEVELOPMENT AGREEMENT NO. 3-12 TO ALLOW CONVERSION
OF TWO EXISTING BILLBOARDS TO ELECTRONIC BILLBOARDS ON PROPERTY
LOCATED SOUTH OF ARROW HIGHWAY ON THE EAST SIDE OF THE 1-605
FREEWAY (APN 8535-020-014 AND 8532-002-034, 035); AND ON PROPERTY
LOCATED ON RIVERGRADE ROAD NORTH OF LOWER AZUSA ROAD ON THE
EAST SIDE OF THE 1-605 FREEWAY (APN 8535-020-014) IN THE M-2 (HEAVY
MANUFACTURING) ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN
AND MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, Andy Goodman, CBS Outdoor Inc., 1731 Workman Street, Los
Angeles, CA 90031, the Applicant, has made a request ("Application") for the
conversion of two existing billboards to electronic billboards located on the east side of
the adjacent 605 Freeway (collectively "Subject Properties"); and
WHEREAS, the first billboard is located on the east side of the adjacent 605
Freeway approximately 907 feet south of Arrow Highway, in the City of Irwindale
(Assessor Parcel Numbers 8532-002-0034 and 8532-002-0035), as more specifically
described in Exhibit "A" and depicted in Exhibit "C" of the proposed Development
Agreement, attached hereto and incorporated herein ("South of Arrow Site"), which is
currently improved with an existing lawfully-permitted double-sided 14x48 foot static
display structure, one side of which has a display panel oriented toward the 605
Freeway, for which, only the display panel oriented toward the 605 Freeway will be
converted to digital display; and
WHEREAS, the second billboard is located on the east side of the adjacent 605
Freeway on Rivergrade Road, north of Lower Azusa Road, in the City of Irwindale
(Assessor Parcel Number 8535-020-014), as more specifically described in Exhibit "A"
and depicted at Exhibit "C" of the Draft Development Agreement, attached hereto and
incorporated herein ("Rivergrade Site"), which is improved with an existing lawfully-
permitted single-sided 14x48 foot static display structure oriented toward the 605
Freeway, which is the subject of the proposed conversion to digital display; and
WHEREAS, both of the Subject Properties are zoned M-2 (Heavy
Manufacturing); and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale
environmental guidelines, the City, as the Lead Agency, has analyzed the project and
has determined that the Project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15301 (Class 1 - Existing Facilities) and no further review is
Ordinance No. 667
Page 1
required; the Notice of Exemption was prepared and is on file at the Planning
Department and available for review by the public; and
WHEREAS, on February 20, 2013, the Planning Commission conducted a duly
noticed public hearing, as required by law, on the Application and recommended that
the City Council approve Development Agreement No. 3-12, subject to the approval of
an ordinance, which would detail the specific Conditions under which such portion of the
Application was approved; and
WHEREAS, on March 13, 2013, the City Council conducted a duly noticed public
hearing, as required by law, on the Application and recommendation of the Planning
Commission to approve Development Agreement No. 3-12, which allows for
replacement of two static billboards with two digital billboards, took testimony and
reviewed relevant documentary evidence and conducted a first reading of this
Ordinance approving Development Agreement No. 3-12; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. The City Council finds as follows:
a. Development Agreement No. 3-12 is consistent with the provisions
of the Development Agreement statutes, at Government Code sections 65864 et seq.,
b. The proposed development and installation of digital displays per
Development Agreement No. 3-12 are consistent with the General Plan and M-2 Zoning
designation,
c. Development Agreement No. 3-12 contains provision for periodic
review of Developer's compliance with its terms, is limited in duration to 20 years,
unless duly extended following negotiations between the City and CBS, specifies the
permitted uses of the sites related to the operation and maintenance of the billboards
and digital displays thereon, specifies the permitted density or intensity of the allowable
uses, permitted height and size of the billboards and digital displays thereon and
provisions for City access to the sites at issue where necessary.
SECTION 3. In light of the above findings and further testimony and
documentation provided at the public hearing to consider approval of the project
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Page 2
described in Development Agreement No. 3-12 , the City Council hereby approves
Development Agreement No. 3-12 and authorizes its execution and all actions
necessary to comply with its terms.
SECTION 4. The City Council hereby authorizes and directs the Mayor and the
City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its
adoption.
SECTION 5. City staff is directed to prepare and file a Notice of Exemption under
the California Environmental and Quality Act (CEQA) in connection with this project.
SECTION 6. The Deputy City Clerk shall certify as to the passage of this
Ordinance and shall cause the same to be published and/or posted at the designated
locations in the City of Irwindale.
PASSED, APPROVED, AND ADOPTED this 13 th day of March, 2013.
4/1* Julian A. Miranda, Mayor
ATTEST:
b.ura M. Nieto, CMC
eputy City Clerk
Ordinance No. 667
Page 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 667 was duly introduced at a regular meeting of the
Irwindale City Council held on the 13th day of March 2013, and was duly approved and
adopted on second reading at its regular meeting held on the 27 th day of March 2013,
by the following vote of the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Breceda, Fuentes, Garcia, Ortiz, Mayor
Miranda
None
None
None
°t4a7N:Ytiei-c
ura M. Nieto, CMC
eputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto , Deputy City Clerk, certify that I caused a copy of Ordinance No. 667, adopted by the City Council of the City of
Irwycc'fale at its regular meeting held March 27, 2013, to be posted at the City Hall, Library, and Post Office on April 1, 2013.
Dated:
ura M. Nieto, CMC
eputy City Clerk
Ordinance No. 667
Page 4
cvb.