HomeMy Public PortalAboutOrd. 1663ORDINANCE NO. 1663
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A
DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION AND OPERATION OF A
NEW BILLBOARD ON PROPERTY LOCATED AT 11123 LONG BEACH BOULEVARD IN
THE HEAVY COMMERCIAL (C -3) ZONE SUBJECT TO CONDITIONS AS SET FORTH
HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, The Applicant, Oakwood JH26, LLC and Kahan Media, Inc.
(collectively, "Applicant ") submitted a request to allow installation and operation of a
new billboard located at 11123 Long Beach Boulevard, in the City of Lynwood
(Assessor Parcel Numbers 6170- 039 -017, -034, -035 and -0036) ( "Subject Property "),
with one static and one electronic display; and
WHEREAS, the Subject Property is zoned Heavy Commercial (C -3); and
WHEREAS, the proposed billboard will be a total of 55 feet high from ground
level to the top of the sign. The sign displays are requested to be 381.6 square feet
(10.6' x 36'). The subject site is zoned C -3 (Heavy Commercial) and is located on the
west side of Long Beach Boulevard; and
WHEREAS, the proposed electronic billboard is essentially flat screen displays,
with the image on the screen changing approximately every eight seconds; and
WHEREAS, the use of this newer electronic billboard technology allows for
images to change instantaneously, with no special effects, video, flashing, or
movement, limiting distraction to drivers on Long Beach Boulevard; and
WHEREAS, the Applicant has negotiated a development agreement with the City
to install the proposed billboard, which agreement contains the following key terms:
a. A prohibition on certain advertisements including tobacco,
marijuana, hashish, "gentlemen's clubs," adult entertainment businesses,
sexually oriented materials, or use sexually oriented images or language;
b. Annual payments to the City of not less than $50,000, increased by
10% every 5 years as a development fee for the right to install and operate the
billboard;
C. A term of 25 years, which will extend, subject to renegotiation of the
fee payable to the City, which fee will be based on then - applicable market rates
for such displays; provided the minimum annual fee does not increase more than
2% per year;
d. A display size not to exceed 10.6 x 36'.
WHEREAS, although the City's Code does not specify that this proposal is first to
be approved by the Planning Commission, per State Law, the approval of a
Development Agreement must be effected by both Planning Commission. and City
Council .action, and as such, following the public hearing by the City 'Council,. the
Council refers the proposed project to the Planning Commission #or recommendation
before the Council conducts the second reading; and
WHEREAS, pursuant to the authority and criteria contained in the `California
Environmental Quality Act (CEQA) of 1970, as amended, the City, as`the Lead Agency;
has analyzed the project and has determined that the•Project is'Catego ically Exempt
from the provisions of, CEQA pursuant to Section 15322 regarding Urban In -Fill
Development Projects and no further review is required; and
WHEREAS, pursuant to the authority, and criteria contained in the. California
Environmental Quality Act (CEQA) of 1970, as amended, 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,-1 Existing Facilities)
and no further review is 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 June 4, 2013, the City Council conducted a duly noticed public
hearing, as required by law, on the Application to approve the-Development Agreement
between the City and Applicant, which allows for installation of one, billboard, containing
one static and one digital display, took testimony and reviewed relevant documentary
evidence and conducted a first reading of this Ordinance approving the Development
Agreement; and
WHEREAS, in accordance with Development, Agreement law, at, California
Government Code Sections 65864, et seq. the City Council refers this' matter to the
Planning Commission for recommendation before considering the second 'reading and
adoption of the Ordinance approving the Development Agreement; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance. have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF'LYNWOOD 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 hereby approves the "Development Agreement by
and between the City of Lynwood and Oakwood JH26, LLC and Kahan Media,.lnc. and
authorizes and directs the Mayor and the City Clerk to execute this- 0rdinance and the
Development Agreement on behalf of the City of Lynwood forthwith upon its adoption,
subject to the prior reference of the proposed project to the Planning Commission for
recommendation.
SECTION 3. The 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 Lynwood.
SECTION 4. 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.
First read at a regular meeting of the City Council held on the 4th day of June, 2013 and
adopted and ordered published at a regular meeting of said Council on the 17�h day of
September, 2013.
PASSED, APPROVED and ADOPTED this 17th day of September, 2013
ATTEST:
APPROVED AS TO FORM:
Fre Ga ante, City Attorney
"rr/z//40w�
Salvador Alatorre, Mayor
APPROVED AS TO CONTENT:
Richard N. Warne,
Interim City Manager
Jo than Colin, Director
D elopment Services
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby: certify; that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 1'7th day of September; 2011
AYES: COUNCIL MEMBERS CASTRO, MORTON,`RODRIGUEZ AND
ALATORRE
NOES: NONE
ABSENT: NONE
ABSTAIN: COUNCIL MEMBER SANTILLAN -BEAS
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of.Lynwood, and Clerk of'the City,
Council of said City, do hereby certify that the above and foregoing is a full, - true and
correct copy of Ordinance No. 1663 in my office and that said Ordinance 'was• adopted
on the date and by the vote therein stated. Dated this 17th'day of 5eptember;.201,3:
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'Lqn oMaria
City Clerk