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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 Ordinance No. 667 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.