Loading...
HomeMy WebLinkAbout739ORDINANCE NO. 739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING DEVELOPMENT AGREEMENT NO. 01-2019 BETWEEN CITY OF IRWINDALE AND CLEAR CHANNEL OUTDOOR, TO ALLOW THE INSTALLATION OF TWO (2) V -SHAPED, TWO -PANEL, DIGITAL DISPLAY BILLBOARDS AT THE SOUTH SIDE OF THE RELIANCE II PROPERTY LOCATED AT 15990 FOOTHILL BOULEVARD (APN 8604- 019-003) NORTH OF THE 1-210 FREEWAY IN THE RELIANCE II SPECIFIC PLAN ZONE SUBJECT TO CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF; AND FINDING THE PROJECT EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A. RECITALS. WHEREAS, John Duong, on behalf of Clear Channel Outdoor, the Applicant, has made a request for approval of a Development Agreement (Attachment 1) to allow the installation of a V-shaped, two panel, digital display billboard to replace a previously existing static billboard. The proposed billboard will consist of two 14'x48' digital panels in a V-shape design facing east and west bound traffic just north of the 1-210 Freeway. The digital billboards will be located at the same locations as the existing static billboards and at the same height. The digital panels for each billboard are proposed on a single pole structure at a total height of 65 feet from the ground but no higher than the maximum allowed height of 65 feet as measured from the higher finished grade from which the advertising display is to be viewed; and WHEREAS, The Subject Property is zoned Reliance II Specific Plan. Per Irwindale Municipal Code (IMC) Subsection 17.72.030, the repair, replacement, or new installation of a static or digital billboard requires the approval of a Development Agreement with appropriate standards and public benefits to be negotiated with the City and complying with all other standards imposed by the IMC; and WHEREAS, In accordance with 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 exempt from the provisions of CEQA pursuant to Section 15061 (b) (3), which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is NOT subject to CEQA. In this case, two (2) static billboards exist at the same locations and will be removed to make way for the new digital billboard signs. As such, no further review is required. Further, the City has determined this project will not have, either individually or cumulatively, an adverse impact on fish and wildlife resources in that the billboard is proposed within an existing paved area. A Notice of Exemption was prepared and will be filed with the Los Angeles County Clerk Recorder pending City Council action following the Planning Commission's recommendation; and Ordinance No. 739 Page 1 WHEREAS, On November 20, 2019, the Planning Commission conducted a duly noticed public hearing, at which time, took testimony on the Application and continued the public hearing to the regular scheduled December 18, 2019 Planning Commission meeting; and WHEREAS, On December 18, 2019, the Planning Commission conducted a duly noticed public hearing, took testimony on the Application and continued the public hearing to a date uncertain; and WHEREAS, On February 19, 2020, the Planning Commission conducted a duly noticed public hearing, at which time they received input from staff, the Assistant City Attorney, and the Applicant; heard public testimony; discussed the Proposed Project; closed the public hearing; and, after discussion, approved Resolution No. 771(19) recommending that the City Council approve Development Agreement No. 01-2019; and WHEREAS, On March 11, 2020, the project was scheduled before the City Council as a duly noticed public hearing, at which time they received input from staff, the City Attorney, and the Applicant; heard public testimony; discussed the Proposed Project; closed the public hearing; and, after discussion, conducted a first reading of this Ordinance approving Development Agreement No. 01-2019; 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 all of the facts set forth in Recitals, Part A, of this Ordinance are true and correct. Section 2. The City Council finds as follows: a. Development Agreement No. 01-2019 is consistent with the provisions of the Development Agreement statutes, at Government Code sections 65864 et seq. b. The proposed digital billboards per Development Agreement No. 01-2019 are consistent with the General Plan, including the General Plan Land Use and Economic Development policies in the Community Development Element. These policies provide for comprehensive land use planning to preserve the overall mix of land uses and development in the community, which includes digital billboards, and provides for the pursuit and promotion of economic development to provide revenue to the City. c. The proposed digital billboards per Development Agreement No. 01-2019 are consistent with the Reliance II Specific Plan designation, which permits digital billboards. The Reliance II Specific Plan objectives include providing commercial uses that serve users located within and outside of the specific plan area as well as providing opportunities for positive economic benefit to the City including net revenues to the General Fund. Ordinance No. 739 Page 2 d. Development Agreement No. 01-2019 contains provision for annual review of Developer's compliance with its terms, is limited in duration for thirty (30) years following final permit approvals unless duly extended following negotiations between the City and Clear Channel Outdoor, and specifies the permitted use of the site related to the billboards and provisions for City access to the site when necessary. e. Approval of Development Agreement No. 01-2019 is exempt from the provisions of CEQA pursuant to Section 15061(b) (3) of the CEQA Guidelines, as further described above. Section 3. Based upon substantial evidence and conclusions presented to this City Council during the public hearing conducted with regard to the Application and set forth herein above, this City Council hereby approves Development Agreement No. 01-2019, attached hereto and by this reference incorporated herein. The Development Agreement is necessary to protect the public health, safety and general welfare and is reasonable and proper in accordance with the intent and purposes of Title 17 of the Irwindale Municipal Code. Therefore, the City Council hereby approves Development Agreement No. 01-2019 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 Chief Deputy City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its adoption. Section 5. The Chief Deputy City Clerk shall: a. Certify to the adoption of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale; and b. Forthwith transmit a certified copy of this Ordinance, by certified mail, to the Applicant at the address of record set forth in the Application. PASSED, APPROVED AND ADOPTED this 11th day of March 2020. Albert F. Ambriz, Mayor ATT T: �Lara M. Nieto, MMC C ief Deputy City Clerk Ordinance No. 739 Page 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES }ss. CITY OF IRWINDALE } I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 739 was duly introduced by the City Council of the City of Irwindale, at a regular meeting held on the 11th day of March 2020, and was duly approved and adopted on second reading at its regular meeting held on the 25th day of March 2020, by the following vote of the Council: AYES: Councilmembers: Breceda, Burrola, Garcia, Ortiz, Mayor Ambriz NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None p ,,Ln ra M. Nieto, MMC tef Deputy City Clerk AFFIDAVIT OF POSTING I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 739, adopted by the City Council of the City of Irwindale at its regular meeting held March 25, 2020 to be posted at the City Hall, Library, and Post Office on March 26, 2020. Dated: March 26, 2020 ( aura M. Nieto, MMC Chief Deputy City Clerk Ordinance No. 739 Page 4