HomeMy Public PortalAboutA 2017-05-09 PLANNING COMMISSIONCity of
LYNWOOD
California
11330 Bullis Road
Lynwood, CA 90262
(310) 603-0220
PLANNING COMMISSION & PARKING & BUSINESS IMPROVEMENT
DISTRICT BOARD (PBIDB)
REGULAR MEETING
Tuesday, May 9, 2017 — 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
LYNWOOD, CA 90262
AGENDA
RECEIVED
MAY 49 2017
CITY OF LYNWOOD
ATY CLERK OFFICE
In Compliance with the Americans with Disabilities Act (ADA), if you are a disabled
person and need a disability related modification or accommodation to participate in this
meeting, please contact the City Clerk's Department at (310) 603-0220 ext 214.
Requests must be made as early as possible, and at least one full business day before
the start of the meeting. Staff reports or other materials related to an item on this
Agenda which are distributed to the Planning Commission less than 72 hours before
this scheduled meeting shall be available for public inspection in the Development,
Compliance and Enforcement Department/Planning Division office located at 11330
Bullis Road, Lynwood, CA 90262, during normal business hours.
1. CALL TO ORDER
2. CERTIFICATION OF AGENDA
3. ROLL CALL
1. Elizabeth Battle, Commissioner
2. Sylvia Ortiz, Commissioner
3, Kenneth West, Vice -Chair
4. Jorge Casanova, Chairperson
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS AND RECOGNITIONS
None
Planning Commission & Parking & Business Improvement District Board Agenda
May 9, 2017
Page 2 of 3
6. APPROVAL OF MINUTES
A. Minutes of the April 11, 2017, regular meeting.
7. SWEARING IN OF SPEAKERS
(City Clerk or Designee)
8. NON -AGENDA PUBLIC ORAL COMMUNICATION
(This time is reserved for members of the public to address the Planning
Commission relative to matters that are not on the agenda. No action may be
taken on non -agenda items unless authorized by law)
9. PUBLIC HEARING(S)
(With respect to speakers addressing items listed under the heading of public
hearing, you are asked to wait until the Chair formally opens the public hearing and
the item is called)
A. A request to approve Conditional Use Permit No 2017-01, Variance No. 2017-
01, Zone Change No. 2017-01 and General Plan Amendment No. 2017-01 to
establish a church on property located at 3158 Martin Luther King Jr. Boulevard.
I. Staff Report Presentation
ll. Open Public Hearing ( M S )
III. Public Testimony
IV. Close Public Hearing
V. Commission Discussion
VI. Call for the question/vote ( M S )
B. A request to consider Development Agreement No. 2017-01 between the City
and Becker Board Small, LLC to install double faced, digital, billboard structure
located at 11100 Wright Road.
I. Staff Report Presentation
II. Open Public Hearing ( M
III. Public Testimony
IV. Close Public Hearing
V. Commission Discussion
VI. Call for the question/vote ( M
10. OLD BUSINESS
None
2
S )
S )
Planning Commission & Parking & Business Improvement District Board Agenda
May 9, 2017
Page 3 of 3
11. PLANNING COMMISSION/PBIDB ORAL COMMUNICATIONS
1. Elizabeth Battle, Commissioner
2. Sylvia Ortiz, Commissioner
3. Kenneth West, Vice Chair
4. Jorge Casanova, Chairperson
12. DIRECTOR COMMUNICATIONS
13. ADJOURNMENT
Next Regular Meeting is scheduled for June 13, 2017.
APPROVED BY:
Andre'Dupre, Int im Director of Development,
Compliance *orcement Services
Lynwood Planning Commission
kI
LYNWOOD PLANNING COMMISSION MINUTES
April 11, 2017
Item #1 -Call Meeting to Order
Chair Casanova called the meeting to order at 6:00 PM.
Item #2- Flag Salute
Commissioner Ortiz led the flag salute.
Item #3- Roll Call of Commissioners
Planning Manager Mike Poland called roll. Commissioner Battle, Commissioner Ortiz,
Vice Chair West and Chair Casanova were present.
Also present were Planning Manager Mike Poland, Planning Associate Karen Figueredo,
and City Attorney David Garcia.
Item #4- Certification of Agenda Posting
Chair Casanova asked if the Agenda had been duly posted and Planning Manager Mike
Poland indicated that the Agenda was in fact duly posted.
Item #5- Presentation and Recognition
None.
Item #6- Minutes
It was moved by Commissioner Battle and seconded by Casanova to approve the Minutes
from the February 14, 2017, Planning Commission meeting.
Item #7- Swearing in Speakers
City Attorney David Garcia swore in members of the audience.
Item #8- Public Orals (Non -Agenda)
None.
NEW REGULAR AGENDA (PUBLIC HEARING)
Item #9 A- Conditional Use Permit No. 2016-04
Applicant: Ray Hameli
10539 Long Beach Blvd.
Proposal:
Planning Manager Poland introduced the item to the Commission and provided
information from the staff report.
The applicant, Ray Hameli, is requesting that the Planning Commission consider and
approve Conditional Use Permit No. 2016-04 request for a Type 20 Alcoholic Beverage
Control (Off -Premise Beer & Wine) license within an existing mini -mart store (London
market) on property located at 10539 Long Beach Boulevard, in Village I of the Long
Beach Boulevard Specific Plan.
Recommendation:
Staff recommended that the Planning Commission adopt Resolution No. 3370 approving
Conditional Use Permit No. 2017-02.
Chair Casanova opened Public Hearing.
Applicant, Ray Hameli, presented his project.
Victor, 3621 Tecumsah Avenue, Lynwood, spoke in favor of the project.
Maria Viera, 10789 State Street, Lynwood, spoke against the project.
Chair Casanova closed public hearing.
Commissioner Ortiz, inquired about ABC history report.
City Attorney Garcia, replied the Conditional Use Permit findings are consistent.
Planning Manager Poland, stated if any concerns and complaints arise the City can start
the process of Business License revocation.
Commissioner Battle inquired about the previous business owner.
Applicant, Ray Hameli, replied the previous business owner left because the property
owner increased the rent.
Chair Casanova inquired if the fagade of the business was clean.
Applicant, Ray Hameli, replied the building was recently painted.
Commissioner, Ortiz, inquired if there is a crosswalk near the business.
2
Applicant, Ray Hameli, replied he already submitted a petition to the City to install a
flashing light, crosswalk or stop sign at the intersection.
Hearing no further discussion, it was moved by Chair Casanova, seconded by Vice Chair
West, to adopt:
RESOLUTION NO. 3370 APPROVING CONDITIONAL USE PERMIT NO. 2016-04, A
REQUEST TO ESTABLISH A TYPE 20 ALCOHOLIC BEVERAGE CONTROL (OFF -
PREMISE BEER & WINE) LICENSE WITHIN AN EXISTING MINI -MART STORE
(LONDON MART) LOCATED AT 10539 LONG BEACH BOULEVARD ASSESSOR'S
PARCEL NUMBER 6207-026-013 IN C-3 (HEAVY COMMERCIAL ZONE) AND WITHIN
VILLAGE I OF THE LONG BEACH BOULEVARD SPECIFIC PLAN AND HAS A
GENERAL PLAN DESIGNATION OF COMMERCIAL, CITY OF LYNWOOD, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA.
ROLL CALL:
AYES: BATTLE, CASANOVA, WEST
NOES: ORTIZ
ABSTAIN: NONE
ABSENT:NONE
ITEM #10- Old Business
None.
PLANNING COMMISSION/PBIDB COMMUNICATION ORALS
Vice Chair West request to take a look into the homeless around KFC located at Imperial
Highway.
Chair Casanova inquired about the RV and homeless encampments around the City.
Planning Manager Poland replied he will forward the request to the Public Safety
Manager.
DIRECTOR COMMUNICATIONS
None.
ADJOURMENT
Having no further discussion, it was moved by Chair Casanova, and seconded by Vice
Chair West, to adjourn the meeting.
Planning Commission meeting was adjourned at 6:38 PM.
3
PLANNING COMMISSION SECRETARY:
Andre Dupret, Int irh Director
Department of Development,
Compliance and Enforcement Services
DATE:
City c' LYNWOOD NOON
-ACrb,-VA" Onawqw
11330 SULLIS ROAD
LYNWOOD, CALIFORNIA 90282
(9101 W30220
May 9, 2017
TO: Honorable Chair and Members of the Planning Commission
FROM: %Andre Dupret, Interim Director of Development, Compliance and
Enforcement Services
Albert Armijo, Interim Planning Manager
SUBJECT: Notice of Statutory Exemption
General Plan Amendment No. 2017-01
Zone Change (ZC) No. 2017-01
Conditional Use Permit No. 2017-01
Major Variance No. 2017-01
APPLICANT: Alex Landeros on behalf of the First Landmark Missionary Baptist
Church has submitted several applications for a 5,596 square foot
property located at 3158 Martin Luther King Jr. Boulevard for
consideration to:
1) Change the General Plan land use designation from C-3
(Heavy Commercial) to R-1 (Single -Family Residential).
2) Change the zoning designation from C-3 (Heavy
Commercial) to R-1 (Single -Family Residential).
3) Issue a Conditional Use Permit to allow a church in a
proposed R-1 Zone location.
4) Grant a Major Variance to allow a reduction in the minimum
parking space dimensions and a reduction in the required
minimum width of the drive -aisle, for a proposed church in a
proposed R-1 Zone location.
RECOMMENDATION
That the Planning Commission:
A. Adopt Resolution No. to recommending approval of General Plan
Amendment No. 2017-01;
B. Adopt Resolution No
2017-01;
C. Adopt Resolution No. _
D. Adopt Resolution No.
BACKGROUND
to recommending approval of Zone Change No.
to approve Conditional Use Permit No. 2017-01.
to approve Major Variance No. 2017-01.
On February 25, 1952, a permit was issued by the City of Lynwood to construct a 20x35
foot (700 square feet) commercial structure on the site. There are no building permits on
record with the City on how the original 700 square foot structure has increased to
become a 1,824 square foot building today. In 1988 City records show that the building
was utilized as a bar but was closed down by the City due to negative effects (including
noise and parking issues) on the single-family residential neighborhood to the south.
EXISTING CONDITIONS
The following Table indicates existing and proposed City of Lynwood General Plan and
zoning information about the proposed project site, indicated in bold, and adjacent
parcels.
Table 1 — General Plan and Zoning Information
North Multi -Family
In City of Southgate
Residences
South
Single-
No
R-1 (Single-
No Change
R-1 (Single-
No Change
Family
Change
Family
Family
Home
Residential)
Residential)
East
Restaurant
No
C-3
No Change
C-3 (Heavy
No Change
Chane
Commercial
Commercial
West
Vacant Lot,
No
C-3
No Change
C-3 (Heavy
No Change
Vehicle
Change
(Commercial)
Commercial)
Stora e
Project
Vacant,
Church
C-3
R-1
C-3 (Heavy
R-1
Site
previously a
(Commercial)
(Single-
Commercial)
(Single -
bar
Family
Family
Residential)
Residential)
As indicated in Table 1, the proposed project site is bordered to the north by Martin
Luther King Jr. Boulevard and multi -family residences in the City of Southgate beyond;
to the south by a single-family residence; to the east by Osgood Avenue and a
restaurant beyond; and to the west by a vacant lot currently used for vehicle storage. A
fifteen -foot wide sidewalk extends the length of the proposed project site adjacent to
Martin Luther King Jr. Boulevard and a 10 -foot wide sidewalk extends the eastern
length of the proposed project site adjacent to Osgood Avenue.
ZC 2017-01 2 PC Agenda Report
The project site is separated from its adjacent non -roadway neighboring properties to
the west and south by a six-foot tall masonry wall. Landscaping on the project site is
comprised of three trees along the eastern masonry wall.
Analysis
Project Description
The proposed project consists of the following: 1) change the General Plan land use
designation from C-3 (Heavy Commercial) to R-1 (Single -Family Residential); and zone
of a designated Heavy Commercial use to Single -Family Residential to accommodate a
proposed church; 2) change the zoning designation from C-3 (Heavy Commercial) to R-
1 (Single -Family Residential; 3) approve a Conditional Use Permit to allow the proposed
church in the newly -proposed R-1 Zone; and 4) approve a Major Variance to allow a
reduction in the minimum parking space dimensions and a reduction in the required
minimum width of the drive -aisle for a proposed church in a proposed R-1 Zone. The
Planning Commission is the final reviewing authority for the Conditional Use Permit and
the Major Variance while the City Council is the final reviewing authority for the
requested General Plan Amendment and zone change. The Planning Commission is
an advisory body to the City Council for the requested General Plan Amendment and
zone change.
The proposed church would occupy a vacant 1,824 square foot building. The church
use would include a 414 -square foot worship area (assembly area), a common area, a
waiting area, table storage room, file storage room, restrooms and a wide aisle way.
Also proposed are exterior painting improvements and a painted sign on the building
indicating "First Landmark Missionary Baptist Church."
California Environmental Quality Act
The proposed project is Categorically Exempt from California Environmental Quality Act
(CEQA) requirements under provisions of CEQA Guidelines Section 15303(e) - New
Construction of Conversion of Small Structures. This exemption (Class 1) consists of
the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination.
General Plan Amendment and Zone Chance
General Plan Land Use Designation
The Lynwood General Plan is considered the constitution for all future development in
the City. It is meant to express the community's goals and sets forth policies and
implementation measures to achieve them for the general welfare of all. The Land Use
Element, which is one of the seven State -required topical elements (Land Use; Housing;
ZC 2017-01 3 PC Agenda Report
Circulation; Noise; Public Safety; Open Space; and, Conservation) of any General Plan,
provides land use designations that dictate the pattern of development within the City.
State law requires that any local decision affecting land uses and development must
conform to a city's general plan. As a result, a General Plan consistency finding is
included in resolutions for any discretionary approval regarding land uses and
development that comes before the Planning Commission and City Council.
Staff supports the proposed General Plan Amendment (GPA). The GPA would enable
establishment of a beneficial community use in what is now, and has been for some
time, a vacant building. In addition, the proposed GPA is not precedent -setting in that
the project vicinity contains a mix of residential (single-family and multi -family) and
commercial uses.
To approve the requested General Plan Amendment, the decision-making body(ies)
must be able to make the following Findings, as indicated in the City Zoning Code. Staff
has provided brief statements, according to each Finding, in support of the proposed
General Plan Amendment.
General Plan Amendment Required Findings
A. That the proposed amendment is in the public interest and that there will be a
community benefit resulting from the amendment
Approval of the proposed General Plan Amendment will enable establishment of a
beneficial community use in what is now, and has been for some time, a vacant building
and unused property.
B. That the proposed amendment is consistent with the goals, policies, and objectives
of the General Plan
Establishment of a religious institutional use achieves the General Plan Goals of
providing a balanced and functional mix of land uses, which takes advantage of the
unique position of Lynwood in relation to the region. In addition, the proposed church
use would fulfill the City's goal of planning for new patterns of land uses which
complement the overall character of existing uses, and which offer opportunities for
compatible development of vacant and underutilized parcels. As stated previously, the
proposed project site is vacant. Also, establishment of a church on the property would
ensure that adjacent residential uses to the south would be protected from an
incompatible land use such as those that may accompany the existing Commercial land
use designation. This would avoid a negative impact on the residential environment in
that church worship services would occur on Sundays and Wednesdays, whereas
commercial use of the property could occur as often as every day and extend into the
evening hours.
C. That the proposed amendment will not conflict with provisions of this zoning code,
subdivision regulations, or any applicable specific plan
ZC 2017-01 4 PC Agenda Report
Land Use Element Policy LU -12 provides that non-residential land uses may be allowed
in all residential designations. Church/religious uses are allowed within the R-1 zone,
but precluded within the C-3 zone. The proposed project site is not included within the
study of any specific plan or subject to subdivision regulations.
D. In the event that the proposed amendment is a change to the land use policy map,
that the amendment will not adversely affect surrounding properties
The proposed General Plan Amendment will not adversely affect surrounding
properties. The Assembly area of the church will contain only 18 fixed seats; therefore,
the congregation is small and will not entail high vehicle traffic. Worship services will
occur only on Sundays and Wednesdays. On street parking is available along Martin
Luther King Jr. Boulevard and along Osgood. Access to the project site will be via
Martin Luther King Jr. Boulevard and egress will be via Osgood.
Zone Change Required Findings
A. That the proposed amendment is consistent with the goals, policies, and objectives
of the general plan
As indicated above, the proposed General Plan Amendment is consistent with the City
General Plan Goal of establishing a balance of land uses that functions to provide
benefit for the Lynwood community. Also, establishment of a church use would improve
the now vacant property without conflicting with the overall character of land uses in the
vicinity of the proposed project site. The proposed Zone Change would extend the
adjacent Single -Family Residential zone to Martin Luther King Jr. Boulevard, which is
the case along the majority of the Boulevard, within the City of Lynwood to the east of
the proposed project site across Long Beach Boulevard.
B. That a proposed zone change will not adversely affect surrounding properties
The proposed church use will not adversely affect surrounding properties in that the
congregation is small, as indicated on plans for only 18 fixed seats. Worship services
will occur only on Sundays and Wednesdays. Access to the proposed project site is via
Martin Luther King Jr. Boulevard. Parking lot lighting is not intrusive onto adjacent
residential properties (reference Conditional Use Permit Condition of Approval 22).
Conditional Use Permit
Required Findings
A. That the proposed conditional use is consistent with the General Plan
The proposed church use is allowed only within the R-1 Single -Family Residential Zone.
The General Plan Amendment approval if changing Commercial use to Residential use
ZC 2017-01 5 PC Agenda Report
would ensure the proposed church use would be consistent with the City General Plan.
Provided the City Council approves the requested General Plan Amendment, the
proposed conditional use would be consistent with the amended General Plan.
B. That the nature, condition, and the development of adjacent uses, buildings, and
structures have been consistent, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, buildings, or structures
The building, originally used as a bar, has been vacant for an extended period of time.
Its proposed use as a church will not adversely affect adjacent single-family residential
uses along Osgood or nearby commercial uses along Martin Luther King Jr. Boulevard.
The project building is not of a size or height inconsistent with the scale of surrounding
development.
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed
The proposed project site occupies 5,596 square feet at the southwest corner of the
Martin Luther King Jr. Boulevard/Osgood intersection. The City of Lynwood in 1952
issued a permit to allow construction of a 20x35 foot (700 square feet) commercial
structure on the site. The original 700 square foot structure subsequently was increased
to the current 1,824 square foot building. In 1988 City records show that the building
was utilized as a bar but was closed down by the City due to negative effects (including
noise and parking issues) on the single-family residential neighborhood to the south.
The anticipated congregation will number 18 persons. As demonstrated in the site plan
for the church, the existing building is of adequate size and shape to accommodate the
proposed church use.
D. That the proposed conditional use complies with all applicable development
standards of the zoning district
No changes to the building footprint are proposed. All building height and setbacks will
be retained. The existing front setback (from Martin Luther King Jr. Boulevard) is 2 feet,
4 inches; a new building would require a five-foot building setback. The existing interior
street side setback to the east (from Osgood) is 1 foot, 11 inches; a new building would
require a 10 -foot setback. The existing interior setback to the west is 35 feet 1 inch; a
new building would require a 5 -foot setback. The existing rear setback is 20 feet, 8
inches; a new building would require a 20 -foot rear setback. There are 6 parking
spaces on the proposed project site. This number complies with the zoning code
parking requirement for churches, which is one required space for every three fixed
seats.
E. That the proposed conditional use observes the spirit and intent of this zoning code
As noted above, the proposed project will establish a use in a vacant building that is
compatible with surrounding residential and commercial uses. The proposed use
ZC 2017-01 6 PC Agenda Report
involves use and interior improvement to a long -vacant building, which is consistent with
the spirit and intent of the City Zoning Code.
Major Variance
A Major Variance related to a reduction in number of parking stalls is not required
provided the staff -recommended Condition of Approval No. 22 related to the requested
Conditional Use Permit, which requires all proposed 18 seats within the assembly area
of the church to be fixed, is included as part of the approval. Condition of Approval No.
22 would secure the above -noted requirement of six parking spaces. Six parking
spaces exist on the proposed project site.
However, a Major Variance is required to allow a reduction in the minimum parking
space dimensions and a reduction in the required minimum width of the drive -aisle.
Current City standards (Zoning Code Section 25-65-7-B) for parking stall dimensions
require each parking space to be at least 9 feet wide and 20 feet long. The City
standard for drive aisle widths where one-way traffic is accommodated is 20 feet. The
four on site diagonal parking stall dimension, including the one handicap space (9 feet x
16 feet, 2 inches) and drive aisle areas (from 12 feet to 15 feet, 11 inches) are
substandard but functioned for the previous commercial use and will function for the
proposed church parking. The two parallel parking spaces on the property each are 8
feet, 8 inches in width and 20 feet in length.
Required Findings
A. That there are exceptional or extraordinary circumstances or conditions applicable to
the property which do not apply generally to other properties in the same vicinity and
zone
The building on the proposed project site has been vacant since the mid-1980s, when
the previous bar closed. The size (1,824 square feet) of the building on the 5,596
square foot property, the building's corner location within the proposed project site, the
corner location of the proposed project site, and the existing ingress and egress points
dictate the circumstances and conditions related to the sub -standard size of existing
parking stalls and narrowed drive aisles on the property. Four (diagonal) of the six
existing parking stalls are 9 feet in width and 16 feet 2 inches in length. One of the four
diagonal stalls is handicap in nature and has a side unloading area approximately 4 feet
wide. The two existing parallel spaces are each 8 feet, 8 inches in width and 20 feet in
length. Existing drive aisle widths vary from 12 feet adjacent to the two parallel parking
spaces to 15 feet, 11 inches adjacent to the diagonal parking spaces. The Variance
would allow the applicant to establish and maintain a church use within the vacant
building and long -unused property.
B. That such variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same vicinity and zone, but which is
denied the property in question
ZC 2017-01 7 PC Agenda Report
The proposed Variance to parking stall dimensions and drive aisle widths is necessary
to establish the church use after re -zoning the property to R-1. This property is a corner
lot with an existing building, six parking spaces, and defined points of ingress/egress.
Therefore, the drive aisle widths are established. Furthermore, there is not sufficient
space on the proposed project site to re -stripe, or re -configure (as parallel parking
spaces) the parking stalls to accommodate City standards for parking stall dimensions
or drive aisle widths. Other developed and operative properties in the vicinity of the
proposed project site have sufficient area to provide functional parking and drive aisles.
C. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to properties or improvements in the vicinity
Granting the proposed Variance will provide a public benefit by re-establishing a use on
the project site. Church use also will benefit the Lynwood community and not be
injurious to adjacent properties. Church services will be conducted on Sundays, when
most nearby businesses are closed, and on Wednesdays (generally in the evening
hours). The adjacent single-family residence to the south is separated from the
proposed project site by a 6 -foot masonry wall, which will provide screening and some
attenuation of vehicle -generated noise. Furthermore, the proposed Variance will enable
re-establishment of a use on the long -vacant and unused proposed project site, which
will be of value to the vicinity.
D. That in granting the variance, the spirit and intent of this zoning code will be
observed
Granting the proposed Variance will enable establishment of a beneficial use in a
vacant building that is compatible with surrounding residential and commercial uses.
The proposed church use involves interior improvement and exterior improvements
(primarily painting) to a long -vacant building, which is consistent with the spirit and
intent of the City Zoning Code to ensure orderly and appropriate development within
Lynwood.
E. That the variance does not grant special privilege to the applicant
The proposed Variance to parking stall dimensions and drive aisle widths is not a grant
of special privilege in that the opportunity for such a Variance would be available to
other properties that have the same potential physical constraints. These constraints
include having a long -vacant building on the property that was constructed more than
35 years ago, having a previously -functioning use that was abandoned due to adverse
impacts on the project neighborhood, having operative on-site parking and drive aisles
that were/are sub -standard in dimensions, and having defined access/egress points on
two streets because the property encompasses a corner lot.
F. That the variance request is consistent with the general plan of the City of Lynwood
ZC 2017-01 8 PC Agenda Report
The proposed project includes a request for a General Plan Amendment to change the
existing Commercial land use designation to a Single -Family Residential designation.
Establishment of a religious institutional use achieves the General Plan Goals of
providing a balanced and functional mix of land uses, which takes advantage of the
unique position of Lynwood in relation to the region. In addition, the proposed church
use with the requested Variance to parking stall sizes and to drive aisle widths would
fulfill the City's goal of planning for new patterns of land uses which complement the
overall character of existing uses, and which offer opportunities for compatible
development of vacant and underutilized parcels. As stated previously, the proposed
project site is vacant. Also, establishment of a church on the property would ensure that
adjacent residential uses to the south would be protected from an incompatible land use
such as those that may accompany the existing Commercial land use designation. This
would avoid a negative impact on the residential environment in that church worship
services would occur on Sundays and Wednesdays, whereas commercial use of the
property could occur as often as every day and extend into the evening hours. Provided
the City Council approves the requested General Plan Amendment, the proposed
variance request would be consistent with the amended General Plan.
CONCLUSION
The proposed General Plan Amendment, Zone Change, Conditional Use Permit
allowance of a church use on the 5,596 square foot property and the Major Variance
request is supported by staff. The existing building has remained vacant for a number
of years and establishing a religious institution on the property would improve the
character of the project site as well as the surrounding neighborhood. No additional
exterior construction is necessary or proposed. Required parking for the assembly area
is accommodated on site. Additional parking is available along Martin Luther King Jr.
Boulevard and Osgood adjacent to, and near, the project site. The egress from the
parking area will be controlled by a 6 -foot tall rolling gate.
ATTACHMENTS
1) Resolution No. XXXX recommending approval of General Plan Amendment
2017-01
2) Resolution No. XXXX recommending approval of Zone Change 2017-01
3) Resolution No. XXXX approving Conditional Use Permit 2017-01
4) Resolution No. XXXX approving Major Variance 2017-01
5) Project Plans
4813-6762-2984, v. 1
ZC 2017-01 9 PC Agenda Report
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LYNWOOD RECOMMENDING
APPROVAL OF GENERAL PLAN AMENDMENT NO.
2017-01 AT 3158 MARTIN LUTHER KING JR.
BOULEVARD.
WHEREAS, First Landmark Missionary Baptist Church made an application for
an amendment to the City of Lynwood General Plan; and
WHEREAS, on May 9, 2017, proposed General Plan Amendment No. 2017-01
was initiated according to application procedures specified in Section 25-100-2 of the
City of Lynwood Zoning Code and processed as provided for in Section 25-110-3 of the
City of Lynwood Zoning Code and Sections 65350 through 65352.5 of the California
Government Code; and
WHEREAS, the land use prescribed in General Plan Amendment No. 2017-01 is
compatible with the uses authorized in, and the regulations prescribed for, the Single -
Family Residential land use district in which the property is located, including any policy
plan overlay applicable to the property; and
WHEREAS, the Department of Development, Compliance and Enforcement
Services has determined that the proposal is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303(e).
NOW, THEREFORE, the Planning Commission of the City of Lynwood does
hereby resolve as follows:
SECTION 1: The Planning Commission of the City of Lynwood makes the
following findings in support of the Resolution recommending approval of General Plan
Amendment No. 2017-01 in accordance with the applicable findings specified in the
Lynwood Municipal Code.
1. The amendment is in the public interest and there will be a community benefit
resulting from the amendment.
2. The amendment is consistent with the goals, policies and objectives of the
General Plan.
3. The amendment will not conflict with provisions of the City of Lynwood Zoning
Code, subdivision regulations, or any applicable specific plan.
APPROVED this 9th day of May 2017 by members of the Planning Commission, voting
as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:.
Planning Commission Secretary,
Andre Dupre, Interim Director
Department of Development, Compliance and Enforcement Services
4834-8030-7016, v. 1
RESOLUTION NO
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LYNWOOD RECOMMENDING
APPROVAL OF ZONE CHANGE NO. 2017-01 AT
3158 MARTIN LUTHER KING JR. BOULEVARD
WHEREAS, on 2017, proposed Zone Change No. 2017-01 was
initiated according to application procedures specified in Section 25-100-2 of the City of
Lynwood Zoning Code and processed as provided for in Section 25-110-3 of the City of
Lynwood Zoning; and
WHEREAS, the land use prescribed in Zone Change No. 2017-01 is compatible
with the uses authorized in, and the regulations prescribed for, the Single Family
Residential land use district in which the property is located, including any policy plan
overlay applicable to the property; and
WHEREAS, First Landmark Missionary Baptist Church made an application for
an amendment to the City of Lynwood Zoning Code; and
WHEREAS, the amendment to the City of Lynwood Zoning Code shall consistent
with the City of Lynwood General Plan, provided the City Council approves General
Plan Amendment No. 2017-01;
WHEREAS, the Department of Development, Compliance and Enforcement
Services has determined that the proposal is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303(e).
NOW, THEREFORE, the Planning Commission of the City of Lynwood does
hereby ordain as follows:
SECTION 1: The Planning Commission of the City of Lynwood makes the
following findings in support of recommending approval of proposed Zone Change No.
2017-01 in accordance with the applicable findings specified in the Lynwood Municipal
Code.
A. The proposed amendment is consistent with the goals, policies, and
objectives of the General Plan.
The proposed Zone Change is consistent with the City General Plan Goal of
establishing a balance of land uses that functions to provide benefit for the
Lynwood community. Also, establishment of a church use would improve the
now vacant property without conflicting with the overall character of land uses
in the vicinity of the proposed project site. The proposed Zone Change would
extend the adjacent Single -Family Residential zone to Martin Luther King Jr.
Boulevard, which is the case along the majority of the Boulevard, within the
City of Lynwood to the east of the proposed project site across Long Beach
Boulevard. Provided the City Council approves the General Plan Amendment
2017-01, the proposed zone change would be consistent with the amended
General Plan.
B. The proposed zone change will not adversely affect surrounding
properties.
The proposed church use will not adversely affect surrounding properties in
that the congregation is small, as indicated on plans for only 18 fixed seats.
Worship services will occur only on Sundays and Wednesdays. Access to
the proposed project site is via Martin Luther King Jr. Boulevard. Parking lot
lighting is not intrusive onto adjacent residential properties.
APPROVED this 9th day of May 2017 by members of the Planning Commission, voting
as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:.
Planning Commission Secretary,
Andre Dupre, Interim Director
Department of Development, Compliance and Enforcement Services
4849-4031-8024, v. t
RESOLUTION NO.
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING CONDITIONAL USE PERMIT NO.
2017-01, A REQUEST TO ESTABLISH A CHURCH.
THE PROPERTY IS LOCATED AT 3158 MARTIN
LUTHER KING JR. BOULEVARD, ASSESSOR'S
PARCEL NUMBER 6170-029-001 IN THE R-1
(SINGLE-FAMILY RESIDENTIAL) ZONE AND HAS A
GENERAL PLAN DESIGNATION OF SINGLE-
FAMILY RESIDENTIAL, CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA
WHEREAS, First Landmark Missionary Baptist Church, property owner, 3158 Martin
Luther King Jr. Boulevard, Lynwood, California 90262 has filed an application for issuance
of Conditional Use Permit No. 2017-01 to allow establishment of a church at 3158 Martin
Luther King Jr. Boulevard, Lynwood, California 90262 (APN: 6170-029-001) in the County
of Los Angeles. Hereinafter in this Resolution, the subject Conditional Use Permit request
is referred to as the "application." This Resolution supplements any previous approvals for
this location.
WHEREAS, on May 9, 2017, this Planning Commission conducted a duly noticed
public hearing on the application and concluded said hearing prior to the adoption of this
Resolution.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
WHEREAS, the Department of Development, Compliance and Enforcement Services
has determined that the proposal is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303(e),
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Lynwood as follows:
A. The Planning Commission hereby specifically finds that all the facts set forth in
the Recitals, Part A, of this Resolution are true and correct.
B. Based upon substantial evidence presented to this Planning Commission during
the above -referenced hearing, including written staff reports, verbal testimony, and
development plans, dated May 9, 2017 (as revised), this Planning Commission hereby
specifically finds as follows:
i. That the proposed conditional use is consistent with the general plan;
The proposed church use is allowed only within the R-1 Single -Family Residential
Zone. The General Plan Amendment approval if changing Commercial use to
Residential use would ensure the proposed church use would be consistent with the
City General Plan. Provided the City Council approves the General Plan
Amendment 2017-01, the proposed conditional use would be consistent with the
amended General Plan.
1. That the nature, condition, and the development of adjacent uses, buildings,
and structures have been consistent, and that the use will not adversely affect
or be materially detrimental to these adjacent uses, buildings, or structures;
The building, originally used as a bar, has been vacant for an extended period of
time. Its proposed use as a church will not adversely affect adjacent single-family
residential uses along Osgood or nearby commercial uses along Martin Luther King
Jr. Boulevard. The project building is not of a size or height inconsistent with the
scale of surrounding development.
3. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
The proposed project site occupies 5,596 square feet at the southwest corner of the
Martin Luther King Jr. Boulevard/Osgood intersection. The City of Lynwood in 1952
issued a permit to allow construction of a 20x35 foot (700 square feet) commercial
structure on the site. The original 700 square foot structure subsequently was
increased to the current 1,824 square foot building. In 1988 City records show that
the building was utilized as a bar but was eventually closed down by the City due to
negative effects (including noise and parking issues) on the single-family residential
neighborhood to the south. The anticipated congregation will number 18 persons.
As demonstrated in the site plan for the church, the existing building is of adequate
size and shape to accommodate the proposed church use.
a. That the proposed conditional use complies with all applicable development
standards of the zoning district;
No changes to the building footprint are proposed. All building height and setbacks
will be retained. The existing front setback (from Martin Luther King Jr. Boulevard) is
2 feet, 4 inches; a new building would require a five-foot building setback. The
existing interior street side setback to the east (from Osgood) is 1 foot, 11 inches; a
new building would require a 10 -foot setback. The existing interior setback to the
west is 35 feet 1 inch; a new building would require a 5 -foot setback. The existing
rear setback is 20 feet, 8 inches; a new building would require a 20 -foot rear
setback. There are 6 parking spaces on the proposed project site. This number
complies with the zoning code parking requirement for churches, which is one
required space for every three fixed seats.
5. That the proposed conditional use observes the spirit and intent of this zoning
code.
As noted above, the proposed project will establish a use in a vacant building that is
compatible with surrounding residential and commercial uses. The proposed use
involves use and interior improvement to a long -vacant building, which is consistent
with the spirit and intent of the City Zoning Code.
A. In view of all the evidence and based on the foregoing findings and conclusions,
the Planning Commission approves Conditional Use Permit No. 2017-01 subject to the
following conditions:
1. The City has determined that City, its employees, agents and officials should, to the
fullest extent permitted by law, be fully protected from any loss, injury, damage, claim,
lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost
arising out of or in any way related to the issuance of this Conditional Use Permit, or
the activities conducted pursuant to this Conditional Use Permit, or the activities
conducted pursuant to this Conditional Use Permit. Accordingly, to the fullest extent
permitted by law, First Landmark Missionary Baptist Church, and its
representative(s), or its successors shall defend, indemnify and hold harmless the
City, its employees, agents and officials, from and against any liability, claims, suits,
actions, arbitrations proceedings, regulatory proceedings, losses, expenses or cost of
any kind, whether actual, alleged or threatened, including, but not limited to, actual
attorney fees, litigation expenses and court costs of any kind without restriction or
limitation, incurred in relation to, as a consequence of , arising out of, or in any way
attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of the
Conditional Use Permit , or the activities conducted pursuant to this Conditional Use
Permit. First Landmark Missionary Baptist Church, and its representative(s), or its
successors shall pay such obligations as they are incurred by City, its employees,
agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in
such amount as the City reasonably determines necessary to protect the City from
exposure to fees, costs or liability with respect to such claim or lawsuit.
2. The subject property shall be maintained and operated in full compliance with the
conditions of this grant and any law, statute, ordinance or other regulations applicable
to any development or activity on the subject property. Failure of the applicant or its
successors to cease any development or activity not in full compliance shall be a
violation of these conditions. Any violation of the conditions of approval may result in
the revocation of this approval.
3. All current and future tenants/owners shall accept the conditions of this Conditional
Use Permit by executing the Affidavit of Acceptance provided by the Department of
Development, Compliance and Enforcement Services.
4. The City reserves the right to further review the Conditional Use Permit and
conditions of approval should complaints be received from adjacent residents/tenants
or should the number of incidents reported to the Sheriffs Department exceed the
number expected in this type of development.
5. The project shall comply with all regulations of the Lynwood Municipal Code, the
California Building Code, the Los Angeles County Fire Code, other City Departments
and applicable State and Federal regulations.
6. Any subsequent modification of the subject site or structures thereon shall be first
reported to the Department of Development, Compliance and Enforcement Services,
Planning Division, for review.
7. Conditions of approval shall be printed on the plans prior to submission to the
Building and Safety Division for plan check.
8. Prior to plan check submittal, the applicant shall sign a Statement of Acceptance
stating that they have read, understand, and agree to all conditions of this approval
prior to issuance of any building permits.
9. Prior to permit issuance, the applicant shall pay all City of Lynwood fees including
Development impact fees and Art in Public Places fees.
10. The Conditional Use Permit approval shall lapse and become void one (1) year from
the date (May 9, 2017) of this document unless all conditions of said permit are met
and a building permit is issued or substantial progress has been made toward
establishing this use.
11.AII appeals must be brought within ten (10) working days of the date of the final
action by the Planning Commission.
12. Conditional Use Permit No. 2017-01 shall not become effective unless and until the
City Council approves General Plan Amendment No. 2017-01.
Department of Development Compliance and Enforcement Services/Planning Division
13. The Project shall be substantially compliant with plans approved by the City of
Lynwood Planning Commission (approved May 9, 2017) and on file in the
Department of Development, Compliance and Enforcement Services, Planning
Division.
14.All required parking areas shall be designated and have bumper guards, and such
parking areas shall be well lighted and secured as to prevent loitering and public
nuisances
15. Delineate path of travel regarding Americans with Disabilities Act requirements and
access guidelines.
16.All activities shall be confined to Sundays and Wednesdays
17. No person or persons shall reside on the premises at any time.
18.A trash enclosure shall be provided and consist of solid block on three (3) sides, a
minimum of five (5) feet in height, with a sight -obscuring door. The trash enclosure
shall be located so as not to block vehicle access or parking areas and is to be
accessible to the solid waste disposal company.
19.The church shall be in compliance with the City of Lynwood Noise Ordinance,
Chapter 3-13 of the Lynwood Municipal Code.
20.The applicant shall maintain all exterior lighting within the subject property; any
artificial lighting shall be installed to reflect away from adjoining properties.
21.The applicant shall post signs within and around the subject property stating that
"Loitering is strictly prohibited."
22.The applicant shall be responsible for maintaining the premises free of graffiti. Any
graffiti must be removed within 24 hours of its appearance.
23.A maximum eighteen (18) seats are allowed in the worship assembly area. The
applicant shall ensure all worship area seating is fixed in position and thereby cannot
be relocated or expanded in number beyond eighteen.
24.Any proposed subsequent modification of the Project site, structures thereon or
hours of operation shall be first reported to the Department of Development,
Compliance and Enforcement Services for review prior to any modification.
25. Failure to abide by and faithfully comply with any and all conditions attached to this
approval action shall constitute grounds for the revocation of said action by the
Lynwood Planning Commission.
Building and Safety Division
26.All construction shall meet or exceed the minimum building standards that are
referenced in the following codes:
• The California Building Code — 2016 edition
• The California Plumbing Code — 2016 edition
• The California Mechanical Code — 2016 edition
• The Los Angeles County Fire Code — 2016 edition
• The California Electrical Code — 2016 edition
In cases where the provisions of the California Building Code, the City of Lynwood
Municipal Code, or the plans or specifications in these plans may conflict, the more
restrictive provisions shall govern.
Department of Public Works
27. No final sign off shall be given until all conditions of approval from the Public Works
Department have been completed.
THE FOLLOWING CONDITION SHALL BE SUBMITTED AND APPROVED PRIOR
TO ISSUING A BUILDING PERMIT
28. Submit a drainage plan. Drainage plan will be checked by the Department of Public
Works/Engineering Division. No permits will be issued prior to approval of drainage
plan.
Fire Prevention
29. Review and approval by the County of Los Angeles Fire Department Fire Prevention
Engineering Section Building Plan Check Unit may be required for this project prior
to building permit issuance. Contact the Fire Prevention Engineering Section Plan
Check office checked below for specific submittal requirements for this project.
Fire Prevention Commerce Office
5823 Rickenbacker Road
Commerce, CA 90040
(323) 890-4125
30. Final approvals from the Los Angeles County Fire Department must be obtained
prior to issuance of any building permits.
APPROVED this 9t" day of May 2017 by members of the Planning Commission,
voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Secretary,
Andre Dupre, Interim Director
Department of Development, Compliance and Enforcement Services
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING MAJOR
VARIANCE NO. 2017-01, REQUEST TO REDUCE THE
MINIMUM REQUIRED PARKING STALL DIMENSIONS
FROM NINE (9) FEET IN WIDTH AND TWENTY (20) FEET
IN LENGTH TO EIGHT (8) FEET, EIGHT (8) INCHES (8',
8") IN WIDTH AND SIXTEEN (16) FEET, TWO (2) INCHES
IN LENGTH AND TO REDUCE THE REQUIRED DRIVE
AISLE WIDTHS FROM TWENTY (20) FEET TO TWELVE
(12) FEET ELEVEN (11) INCHES IN ORDER TO LEGALIZE
A 1,824 SQUARE FOOT CHURCH USE WITH ON SITE
PARKING ON A 5,596 SQUARE FOOT LOT AT 3158
MARTIN LUTHER KING JR. BOULEVARD, IN THE R-1
(SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT.
WHEREAS, an application has been filed by Alex Landeros on behalf of First
Landmark Missionary Baptist Church and K & I Investment Group, LLC (property
owner), pursuant to the City of Lynwood Municipal Code (LMC), for consideration of a
Major Variance to reduce the minimum required parking stall dimensions from nine (9)
feet in width and twenty (20) feet in length to eight (8) feet, eight (8) inches in width and
sixteen (16) feet two (2) inches in length, and to reduce the required drive aisle widths
from twenty (20) feet to fifteen (15) feet eleven (11) inches in order to legalize a 1,824
square foot church use further described as Assessor's Parcel Number 6170-029-001.
The subject property is located in the R-1 (Single Family Residence) zone, at 3158
Martin Luther King Jr. Boulevard; and
WHEREAS, the City of Lynwood Planning Commission, pursuant to law, on May
9, 2017, conducted a public hearing on the subject application; and
WHEREAS, the Planning Commission considered all pertinent testimony offered
at the public hearing ;
WHEREAS, the Department of Development, Compliance and Enforcement
Services has determined that the proposal is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303(e);
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Lynwood as follows:
-I-
Section 1.
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property which do not apply generally to other properties
in the same vicinity and zone.
The building on the proposed project site has been vacant since the previous bar
closed. The size (1,824 square feet) of the building on the 5,596 square foot
property, the building's corner location within the proposed project site, the
corner location of the proposed project site, and the existing ingress and egress
points dictate the circumstances and conditions related to the sub -standard size
of existing parking stalls and narrowed drive aisles on the property. Four
(diagonal) of the six existing parking stalls are 9 feet in width and 16 feet 2
inches in length. One of the four diagonal stalls is handicap in nature and has a
side unloading area approximately 4 feet wide. The two existing parallel spaces
are each 8 feet, 8 inches in width and 20 feet in length. Existing drive aisle
widths vary from 12 feet adjacent to the two parallel parking spaces to 15 feet,
11 inches adjacent to the diagonal parking spaces. The Major Variance would
allow the applicant to establish and maintain a church use within the vacant
building and long -unused property.
B. That such Major Variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other properties in the same
vicinity and zone, but which is denied the property in question.
The proposed Major Variance to parking stall dimensions and drive aisle widths
is necessary to establish the church use after re -zoning the property to R-1. This
property is a corner lot with an existing building, six parking spaces, and defined
points of ingress/egress. Therefore, the drive aisle widths are established.
Furthermore, there is not sufficient space on the proposed project site to re -
stripe, or re -configure (as parallel parking spaces) the parking stalls to
accommodate City standards for parking stall dimensions or drive aisle widths.
Other developed and operative properties in the vicinity of the proposed project
site have sufficient area to provide functional parking and drive aisles.
C. That the granting of such Major Variance will not be materially detrimental
to the public welfare or injurious to properties or improvements in the
vicinity.
Granting the proposed Major Variance will provide a public benefit by re-
establishing a use on the project site. Church use also will benefit the Lynwood
community and not be injurious to adjacent properties. Church services will be
conducted on Sundays, when most nearby businesses are closed, and on
Wednesdays (generally in the evening hours). The adjacent single-family
residence to the south is separated from the proposed project site by a 6 -foot
masonry wall, which will provide screening and some attenuation of vehicle -
2
generated noise. Furthermore, the proposed Major Variance will enable re-
establishment of a use on the long -vacant and unused proposed project site,
which will be of value to the vicinity.
D. That in granting the Major Variance, the spirit and intent of this Zoning
Code will be observed.
Granting the proposed Major Variance will enable establishment of a beneficial
use in a vacant building that is compatible with surrounding residential and
commercial uses. The proposed church use involves interior improvement and
exterior improvements (primarily painting) to a long -vacant building, which is
consistent with the spirit and intent of the City Zoning Code to ensure orderly and
appropriate development within Lynwood.
E. That the Major Variance does not grant special privilege to the applicant.
The proposed Major Variance to parking stall dimensions and drive aisle widths
is not a grant of special privilege in that the opportunity for such a Major Variance
would be available to other properties that have the same potential physical
constraints. These constraints include having a long -vacant building on the
property that was constructed more than 35 years ago, having a previously -
functioning use that was abandoned due to adverse impacts on the project
neighborhood, having operative on-site parking and drive aisles that were/are
sub -standard in dimensions, and having defined ingress/egress points on two
streets because the property encompasses a corner lot.
F. That the Major Variance request is consistent with the General Plan of the
City of Lynwood.
The proposed project includes a request for a General Plan Amendment to
change the existing Commercial land use designation to a Single -Family
Residential designation. Establishment of a religious institutional use achieves
the General Plan Goals of providing a balanced and functional mix of land uses,
which takes advantage of the unique position of Lynwood in relation to the
region. In addition, the proposed church use with the requested Major Variance
to parking stall sizes and to drive aisle widths would fulfill the City's goal of
planning for new patterns of land uses which complement the overall character
of existing uses, and which offer opportunities for compatible development of
vacant and underutilized parcels. As stated previously, the proposed project site
is vacant. Also, establishment of a church on the property would ensure that
adjacent residential uses to the south would be protected from an incompatible
land use such as those that may accompany the existing Commercial land use
designation. This would avoid a negative impact on the residential environment
in that church worship services would occur on Sundays and Wednesdays,
whereas commercial use of the property could occur as often as every day and
extend into the evening hours. Provided the City Council approves the General
-3-
Plan Amendment 2017-01, the proposed Major Variance would be consistent
with the amended General Plan.
Section 2. The Planning Commission of the City of Lynwood hereby approves Major
Variance No. 2017-01, subject to all conditions, restrictions and limitations set forth as
follows:
CONDITIONS OF APPROVAL
DEPARTMENT OF DEVELOPMENT
COMPLIANCE AND ENFORCEMENT SERVICES
1. The Major Variance must be acted upon within one year. The Major Variance
shall become null and void 365 days from the date of approval if not acted on
within this period. The expiration date is May 9, 2018.
2. The Project shall comply with all regulations and standards set forth in the
Lynwood Municipal Code, the California Building Code, the Los Angeles County
Fire Code and all other City Departments.
3. The project shall be in compliance with the plans approved by the City of
Lynwood Planning Commission dated May 9, 2017 and on file in the
Department of Development Compliance and Enforcement, Planning Division.
4. The applicant shall sign a Statement of Acceptance stating he/she has read,
understands, and agrees to the conditions of this resolution.
5. Any proposed subsequent modification of the subject site, land use, or structures,
shall be first reported to the Department of Development Compliance and
Enforcement, Planning Division, for review.
6. Conditions of approval shall be printed on plans to submission to the Building and
Safety Division for plan check.
7. Prior to obtaining a final from Building Division, applicant or property owner
shall obtain final signatures from other departments (i.e. Fire Department,
Planning, and Public Works/Engineer Department).
8. All appeals must be brought within ten (10) working days of the date of the final
action by the Development Services Director, or Site Plan Review Committee.
An appeal will be scheduled for public hearing before the Lynwood Planning
Commission. Persons filing the appeal must submit application and pay a fee of
$1,083.
9. The applicant/owner shall agree to defend at his sole expense any action
brought against the City, its agents, officers, or employees, because of the
issuance of this approval. The applicant shall reimburse and indemnify the
4
City, its agents, officers or employees for any award, court costs, and attorney's
fees which the City, its agents, officers, or employees may be required to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action, but such participation shall not
relieve applicant/owner of his obligations under this condition.
PLANNING DIVISION
10. This Major Variance does not allow any type of alterations to the existing
structure. Prior to any changes to the existing structure the applicant needs to
submit plans to the Department of Development Compliance and Enforcement
for review.
11. The property owner shall maintain a pro -active approach to the elimination of
graffiti from the structures, fences and accessory buildings, on a daily basis.
Graffiti shall be removed within twenty-four (24) hours.
12. Major Variance No. 2017-01 shall not become effective unless and until the City
Council approves General Plan Amendment No. 2017-01.
BUILDING AND SAFETY DIVISION
13. All construction shall meet or exceed the minimum building standards that are
referenced in the following codes.
*The California Building Code - 2016 edition;
. The California Plumbing Code - 2016 edition;
*The California Mechanical Code - 2016 edition
. The Los Angeles County Fire Code — 2016 edition;
*The National Electrical Code -2016 edition;
All as amended by the California Building Code of 2014.
In cases where the provisions of the California Building Code, the City of
Lynwood Municipal Code, or the plans or specifications in these plans may
conflict, the more restrictive provisions shall govern.
14. Applicant/property owner must provide a copy of permit card signed by all other
departments prior to scheduling a final inspection.
DEPARTMENT OF PUBLIC WORKS/ENGINEERING DIVISION
15. A permit from the Engineering Division is required for all off-site improvements.
16. No final sign off shall be given until all conditions of approval from the Public
Works Department have been completed.
-5-
LOS ANGELES COUNTY FIRE DEPARTMENT
17. The Fire Department's Land Development Unit has no requirements for this
permit.
18. Review and approval by the County of Los Angeles Fire Department Fire
Prevention Engineering Section Building Plan Check Unit shall be required for
this project prior to building permit issuance. Contact the Fire Prevention
Engineering Section Plan Check office refer below for specific submittal
requirements for this project.
Fire Prevention Commerce Office
5823 Rickenbacker Road
Commerce, CA 90040
(323) 890-4125
19. Submittal for review of the tenant improvement is required. Refer above for Fire
Prevention Engineering Building Plan Check contact information.
Section 3. The Project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) guidelines pursuant to Sections 15303(e) (New
Construction of Conversion of Small Structures).
Section 4. A copy of Resolution No. shall be delivered to the applicant.
APPROVED AND ADOPTED this 9th day of May, 2017, by members of the
Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Secretary,
Andre Dupre, Interim Director
Department of Development, Compliance and Enforcement Services
4819-5423-5720, v. 1
R
DATE:
City of LYNWOOD
-A City _Ueotog (!IaQQeegen
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
1110) 6010220
May 9, 2017
TO: Honorable Chair and Members of the Planning Commission
FROM: Andre Dupret, Interim Director of Development, Compliance and
Enforcement Services
Mike Poland, Planning Manager
SUBJECT: Development Agreement 2017-01
APPLICANT: Becker Boards Small, LLC
RECOMMENDED ACTIONS:
1. RECOMMEND City Council adopt the Mitigated Negative Declaration of
Environmental Impact;
2. RECOMMEND City Council approve Development Agreement No. 2017-01 between
the City and Becker Boards Small, LLC to allow the installation of one double-faced,
digital, billboard structure at 11100 Wright Road
PROJECT:
Joseph White, on behalf of Becker Boards Small, LLC, is requesting approval of a
Development Agreement to allow the installation of a two -panel, freeway- oriented
digital display billboard at 11100 Wright Road located just west of the Interstate 710
Freeway and north of the Interstate 105 Freeway. Pursuant to the City Municipal Code
(LMC) Subsection 25-70-14, the repair, replacement or new installation of a static or
digital billboard requires the approval of a Development Agreement with the appropriate
standards and public benefits to be stipulated by the City and the Development
Agreement must comply with all other standards required by the LMC.
The site is developed with an auto body repair facility known as Oaxaqueno Auto Body
Shop. The auto repair facility has been in operation on the project site since July 2008.
The proposed digital billboard consists of a display surface no larger than 672 square
feet in an active copy area that supports an image generated by light emitting diodes
(LED), typically no less than 200 pixels x 704 pixels. The image on the sign is static for
four to eight seconds. Each pixel consists of three diodes: one red, one blue and one
green in a triangular shape in each cluster. The digital billboard will be installed on a
single pole approximately 85 -feet above the centerline of the adjacent freeway with a
"V" shaped Digital Message Center. The proposed pole structure includes a vertical
center column with two 14 -foot by 48 -foot digital faces.
The LED lighting will be designed to make message displays visible to passing
motorists. Light sensors will be installed to measure ambient light levels and to adjust
light intensity to respond to a change in ambient light conditions. Lighting levels on the
digital billboard will not exceed 0.3 foot candles over ambient levels, as measured using
a foot candle meter at a pre-set distance (approximately 250 feet for the 14'x 48' face).
The brightness of the LED display is subject to adjustment based on ambient
conditions. Therefore, the display will be adjusted to be brighter during the day than at
night.
PC Report 2 DA O1-2017
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A summary of key issues of the Development Agreement are provided below.
Term of
20 years from the date of Becker Boards Small, LLC's
Agreement
Commencement of Operations with two five year extension options.
Developer will pay ($70,000.00 to the City of Lynwood annually
Date of 1st
($35,000.00 per Digital Display). The first payment must be made no
Payment
later than 30 days from the date all government approvals and
permits are obtained by the Applicant (including Caltrans permits).
If any additional fixed asset or item is placed on the Digital Display
Fixed Facility
Sign (e.g., a cellular antenna), Becker Boards Small, LLC shall pay
Fee
the City an amount equal to 50% of all income and/or revenue
received by Becker Boards Small, LLC for such item.
0.5% for each display face, for a total of 1 % for each billboard. City
Air Time
"air time" is divisible over system at Becker Boards Small LLC's
Donation
discretion; however, 55% of the City "air time" must be between the
hours of 7:00 a.m. and 10:00 p.m. (Pacific Time)
Among other required insurance, Becker Boards Small, LLC must
provide evidence of Commercial General Liability coverage with a
Insurance
combined single limit of $3,000,000.00, to the City. The City must be
named as an additional Insured on all insurance policies.
The proposed project requires the approval of a Development Agreement pursuant to
Section 25-70-14 of the Municipal Code. The Municipal Code does not specify any
particular findings that must be made for approval of a development agreement.
However, state law requires the City to make a finding that the Development Agreement
is consistent with the City's General Plan. The Development Services Director has
determined that the following findings can be made in with adoption of the proposed
Ordinance. Each of the findings below is supported by information the project record.
1. Finding: The proposed use to which the Development Agreement relates is
allowed within the subject zoning district and complies with all applicable
provisions of the Development Code.
Facts in Support of Finding: The proposed use is located in the Manufacturing
zoning district. This area of Lynwood is one of the principal areas for
manufacturing and distribution services in the City. Sections 25-70-13 through 425-
70-14 of the Lynwood Development Code allow for the development of digital
display billboards, subject to specified conditions. The proposed project is
consistent with the conditions set forth within, and furthers the purposes listed
within, the Code.
PC Report 4 DA 01-2017
2. Finding: The proposed use is consistent with the objectives, policies, general land
uses, and programs of the general plan and any applicable specific plan and is in
compliance with all City, state, and federal laws and regulations.
Facts in Support of Finding: Development of a digital display billboard is
consistent with the City's General Plan's goals and policies. In compliance with the
Municipal Code a Development Agreement is required for the project's approval.
The proposed Development Agreement outlines additional community benefits for
the proposed use that will be utilized to maintain the City's quality of life
expectations.
3. Finding: The approval of the Development Agreement is in compliance with the
requirements of the California Environmental Quality Act (CEQA).
Facts in Support of Finding: Based on the findings of an Initial Study, it has been
determined that the proposed project would not result in significant environmental
impacts with the adoption of project mitigation measures. Mitigation measures are
incorporated as Conditions of Approval to reduce impacts to less than significant.
Accordingly, the City has adopted a Mitigated Negative Declaration for the project,
pursuant to Section 21080(c) of the Public Resources Code.
4. Finding: The Development Agreement provides sufficient benefit to the community
to justify entering into the Agreement.
Facts in Support of Finding: The proposed project creates an iconic structure
that identifies the City of Lynwood to passing motorists on the Interstate 710. This
community "awareness" is a key component of the City's identity. The City will also
have access to air time on the billboard display to promote the City in the region
and communicate important public service announcements. The revenue from the
proposed project is intended to diversify and increase Lynwood's revenue sources
for its long term fiscal sustainability.
Development Standards Compliance:
Pursuant to the Lynwood Municipal Code (LMC) Section 25-70-14, the proposed digital
billboard complies with all of the required development standards, including, but not
limited to the following:
1. The advertising display shall be included as part of a development agreement,
lease agreement or other agreement with the City or its related agencies,
including but not limited to the Lynwood Parking Authority. The agreement
contains performance standards, fees, public benefits, or ongoing revenue
provisions that allow the City or related agencies to undertake projects,
programs, or other activities that improve the visual environment.
PC Report 5 DA 01-2017
2. The advertising display shall be placed within 660 feet from the edge of the
right-of-way of a freeway, except as may be approved in a development
agreement, lease or license per the LMC, subject to applicable provisions of
Business and Professions Code section 5200 et seq.
3. No advertising display shall be placed within 500 feet from another advertising
display on the same side of any portion of a freeway, except as may be
approved in a development agreement, lease or license per this section.
4. The advertising structure shall not exceed the minimum height necessary to
provide 1,000 feet of unobstructed visibility from the main traveled way to each
facing direction of the advertising structure. The minimum height shall be
measured above the adjacent freeway grade, or if on a commercial corridor,
from ground level.
5. No advertising structure shall have a facing that exceeds one 1,200 square feet
in area with a maximum height of 25 feet and maximum length of 60 feet,
including border and trim and extensions, and excluding base or apron
supports and other structural members. This subsection shall apply to each
facing on an outdoor advertising structure. The area shall be measured by the
smallest square, rectangle, triangle, circle, or combination thereof, which will
encompass the entire advertisement and is made based on the height and the
length but not the depth of the advertising copy.
6. No advertising display may be placed that is so illuminated or contains a digital
display that interferes with the effectiveness of or obscures any official traffic
sign, device, or signal or violates any applicable law; nor shall any advertising
display include any digital display or be illuminated in a manner that includes
flashing, intermittent, or moving lights as further prohibited by the provisions of
the Business and Professions Code; nor shall any advertising display cause
beams or rays of light to be directed at the direction of travel if the light is of an
intensity or brilliance as to cause glare or to impair the vision of any driver, or to
interfere with any driver's operation of a motor vehicle.
7. Existing setback and yard requirements of the underlying commercial or
industrial zone shall not be applicable to placement of any advertising structure.
No minimum setback or yard requirements shall be applied to placement of an
advertising display.
8. No advertising display shall be placed or maintained in violation of The Outdoor
Advertising Act, Chapter 2 (commencing with section 5200) of Division 3 of the
California Business and Professions Code, or any other applicable state,
federal, or local law.
9. Unless otherwise specified in this section, the general sign requirements set
forth in the Business and Professions Code shall apply to plans and materials
PC Report 6 DA 01-2017
for and to design, construction, street address numbers, identification and
maintenance of outdoor advertising displays approved under this section.
10. No person shall place an off-site outdoor advertising structure without first
having secured a zoning permit, a sign permit and a building permit.
a. A separate building permit shall be required for each advertising structure
whether or not the advertising structure is proposed alone or as one of any
number of advertising structures proposed to be placed on the same
parcel, contiguous parcels, or any set of related or unrelated parcels that
are the subject of a single development proposal.
b. At the discretion of the Director of Development Services, a separate
zoning permit shall be issued for one advertising structure or a single
zoning permit may be issued for any number of advertising structures
proposed on the same parcel, contiguous parcels, or any set of related or
unrelated parcels that are the subject of a single development proposal
and equally compliant under all applicable Business and Professions
Code requirements.
11. No permit of any kind shall be issued for an advertising display without prior
approval of an appropriate agreement, by the City council, as described in
subsection Al of this section, and permits per subsection A10 of this section.
a. An application for approval of a zoning, sign and building permit for an off-
site advertising structure shall be filed with the City Council in accordance
with the following provisions:
(1) Any person who has an ownership, license or leasehold interest in the
land parcel may file an application for approval of a zoning and building
permit for an off-site advertising structure. If submitted by the holder of
a license or leasehold interest, the application must include a
statement of consent to proceed with the proposed development
executed by the holder of an ownership interest and acknowledged
before a notary public for the state of California.
(2) The application may request review of one or multiple advertising
structures.
(3) The application shall be accompanied by photos of all existing signage
and accurate architectural renderings and elevations of proposed
advertising structures, as well as a scaled plot plan and elevations
showing the locations of all existing structures and improvements on
the property, and the proposed advertising structure(s).
PC Report 7 DA 01-2017
(4) At the time of filing the application for permits, the applicant shall pay a
filing fee in accordance with a City council approved resolution. This
fee shall be in addition to any other required fees for permits relative to
development of the property and shall be for the purpose of defraying
the costs associated with City review and action on the application.
(5) Any permit issued shall be the property of the applicant.
12. Where any standard imposed by a negotiated development agreement, lease
or license differs from the general standards set forth in this section or
sections 25-130-5 or 25-135-6, the standards imposed by the development
agreement, lease or license shall apply over the general standards as a matter
of public interest and in the discretion of the City or its related agencies.
Environmental Review
An Initial Study (IS) and Mitigated Negative Declaration (MND) was prepared pursuant
to Sections 15063(c) and 15070 of the California Environmental Quality Act Guidelines
to address the potential environmental effects of the Project. The IS and MND analyzed
environmental impacts that would be potentially affected by the Project and determined
that no impacts would occur or impacts would be less than significant with respect to the
following issues: Aesthetics, Agricultural and Forestry Resources, Air Quality, Cultural
Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water
Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public
Services, Shadows, Utilities, and Mandatory Findings of Significance.
The IS and MND also identified mitigation measures in the areas of Aesthetics, and Air
Quality to reduce potential impacts to less than significant levels. To ensure that these
measures are properly enacted, a mitigation monitoring program is necessary and will
be enforced during the construction and operation of the project, if approved. The
proposed mitigation measures are provided in the Final Initial Study/Mitigated Negative
Declaration and the Mitigation Monitoring Program.
The Draft Initial Study and Mitigated Negative Declaration were circulated for a 30 -day
public review period betwen March 10, 2017 and April 10, 2017.
Public Notification:
A legal notice was published in the Daily Journal on April 28, 2017, and notices were
sent to the property owner of the project site as well as property owners of record within
a 300 foot radius of the perimeter of the property.
Conclusions:
The Development Agreement for the proposed double -sided digital display billboard is
consistent with the General Plan and all zoning code standards. Based on the findings
PC Report 8 DA 01-2017
of the environmental Initial Study, it has been determined that this Project would not
result in significant environmental impacts with the imposition of certain mitigation
measures. The approval of the Development Agreement strengthens the public
planning process and reduces the costs of development uncertainty and thereby
promotes economic development.
Recommendation:
That the Planning Commission adopts Resolution No. recommending
City Council approval of Development Agreement No. 2017-01 for the proposed digital
billboard subject to the attendant Development Agreement.
Attachments:
A. Resolution No.
B. Notice of Intent
C. Initial Study (IS)/Mitigated Negative Declaration (MND)
D. Draft Development Agreement
F. Site Plan, Elevations, and Photo Simulations
PC Report 9 DA 01-2017
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD, RECOMMENDING THE CITY
COUNCIL APPROVE NEGATIVE DECLARATION FOR
DEVELOPMENT OF A TWO -PARCEL, FREEWAY -
ORIENTED DIGITAL BILLBOARD DISPLAY LOCATED AT
11100 WRIGHT ROAD, ASSESSOR'S PARCEL NUMBER
6194-029-001 IN THE M (MANUFACTURING) ZONE AND
WHICH HAS A GENERAL PLAN DESIGNATION OF
MANUFACTURING, CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA
BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows:
A. Recitals
(i) Joseph White on behalf of Becker Boards Small, LLC, the Applicant, has
requested approval of a Development Agreement and Sign Permit to authorize the installation of
a V-shaped, two -panel, digital billboard. The proposed billboard will consist of two 14' x 48'
digital panels in a V-shaped design. The panels will be constructed to face north and southbound
traffic, north of the I-105 Freeway and west of the I-710 Freeway. The proposed panels will be
constructed on an 85 -foot single pole structure. The project site is located at 11100 Wright Road,
Lynwood, California, 90062.
(ii) The proposed project site is zoned M (Manufacturing). Pursuant to the City
Municipal Code (LMC) Subsection 25-70-14, the repair, replacement or new installation of a
static or digital billboard requires the approval of a Development Agreement with the appropriate
standards and public benefits to be stipulated by the City and the Development Agreement must
comply with all other standards required by the Lynwood Municipal Code.
(iii) An Initial Study was prepared for the proposed project in accordance with the
provisions of the California Environmental Quality Act (CEQA), as amended, and the CEQA
Guidelines. The City, as the Lead Agency, has determined, on the basis of the Initial Study, that
the proposed Project will not have a significant impact on the environment, and a Mitigated
Negative Declaration (MND) was prepared; and
a. The Initial Study and MND were made available to the
public for review and comment, as required by law,
between March 10, 2017 and April 10, 2017; and
b. The City received a comment letter from the California Department
of Transportation (CalTrans) regarding the proposed project; and
C. On May 9, 2017, the Planning Commission conducted a duly noticed
public hearing, at which time the Commission received input from
Planning Department staff, the City Attorney, and the Applicant. The
1
Planning Commission heard testimony provided by the public, discussed the proposed project
and subsequently closed the public hearing. After careful consideration of the facts presented
during the public hearing and provided in the staff report package, the Planning Commission
recommends that the City Council approve Development Agreement No. 01-207, the Project
Sign Plan and adopt the MND.
(iv) All legal prerequisites to the adoption of this Resolution have occurred
B. Resolution
NOW THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Lynwood as follows:
i. The Planning Commission hereby specifically finds that all the facts set forth in
the Recitals, Part A, of this Resolution are true and correct; and
ii. The Planning Commission hereby finds and determines that the proposed project
will not have a significant impact on the environment with the implementation of
the adopted mitigation measures; and
iii. Based upon substantial evidence presented to the Planning Commission during
the above -referenced hearing, including written staff reports, verbal testimony,
and development plans, dated May 9, 2017 (as revised), this Planning
Commission hereby recommends approval of the Development Agreement
subject to the conditions set forth in the Agreement and the requirements of the
Lynwood Municipal Code.
APPROVED this 91h Day of May 2017 by members of the Planning Commission, voting as
follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Secretary,
Andre Dupret, Interim Director
Department of Development, Compliance and Enforcement Services
Oaf .:ly4 ,
F OFFICE OF THE DEVELOPMENT, COMPLIANCE
AND ENFORCEMENT DEPARTMENT
11330 Bullis Road, Lynwood, CA 90262 (310) 603-0220
NOTICE OF INTENT TO
ADOPT A NEGATIVE DECLARATION
Date: March 10, 2017
To: State Clearinghouse
California Department of Transportation
Responsible Agencies
Trustee Agencies
Interested Parties
Subject: Mitigated Negative Declaration for a proposed Digital Billboard
Project Title: Digital Billboard Project
Comment Period: Written comments are due no later than April 10, 2017 by 6:00
P. M.
Project Location: 11100 Wright Road, Lynwood, Los Angeles County
Project Description: The project proposes to install an 85 foot high double face digital
billboard on property located at 11100 Wright Road, adjacent to
southbound Interstate 710 in the City of Lynwood.
Project Applicant: Becker Boards Small LLC, Attn: Joseph White, 9157 W. Sunset
Blvd., Suite 213, West Hollywood, CA 90069
Property Owner: Juan & Herrera Tejeda and Ernesto & Martha Perez, 2349 E. Rio
Verde Drive, West Covina, CA 91791
Lead Agency Contact Mike Poland, Planning Manager
Person: City of Lynwood, Planning and Building Division
11330 Bullis Road
Lynwood, CA 90262
(310)603-0220
Email: mpoland@lynwood.ca.us
Website: www.lynwood.ca.us
DECLARATION: The Planning Manager has determined that the above project will have
no significant effect on the environment and is therefore exempt from the requirement of
an Environmental Impact Report. The determination is based on the following findings:
A. The project will not have the potential to degrade the quality of the environment,
substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate a plant or animal community,
reduce the number or restrict the range of rare or endangered plants or animals or
eliminate important examples of the major periods of California history or prehistory.
B. The project will not have the potential to achieve short-term, to the disadvantage of long-
term, environmental goals.
C. The project will not have impacts which are individually limited, but cumulatively
considerable.
D. The project will not have environmental effects which will cause substantial adverse effects
on human beings, either directly or indirectly.
E. No substantial evidence exists that the project will have a negative or adverse effect on the
environment.
F. This Negative Declaration reflects the independent judgment of the lead agency.
Written comments shall be submitted no later than 30 days from the start of the posting date.
Submit comments to:
City of Lynwood
Office of the Planning Manager
Attn: Mike Poland, Planning Manager
11330 Bullis Road
Lynwood, CA 90262
Posting period: March 10, 2017 to April 10, 2017
Initial Study Prepared By:
Mike Poland
Planning Manager
Initial Study and Mitigated Negative Declaration
Digital Billboard Project
Prepared by:
City of Lynwood
Department of Development, Compliance and Enforcement Services
11330 Bullis Road
Lynwood, CA 90262
Contact: Mike Poland, Planning Manager
March 2017
INITIAL STUDY AND ENVIRONMENTAL CHECKLIST FOR MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
Project Title: Digital Billboard Project
Project Location: 11100 Wright Road, Lynwood, Los Angeles County
Project Description: The project proposes to install an 85 foot high double face digital
billboard on property located at 11100 Wright Road, adjacent to
southbound Interstate 710, in the City of Lynwood.
Project Applicant: Becker Boards Small LLC, Attn: Joseph White, 9157 W. Sunset
Blvd., Suite 213, West Hollywood, CA 90069
Property Owner: Juan & Herrera Tejeda and Ernesto & Martha Perez, 2349 E. Rio
Verde Drive, West Covina, CA 91791
Lead Agency Contact Mike Poland, Planning Manager
Person: City of Lynwood, Planning and Building Division
11330 Bullis Road
Lynwood, CA 90262
(310) 603-0220
Email: mpoland@lynwood.ca.us
Website: www.lynwood.ca.us
This Initial Study has been prepared to identify and assess the anticipated environmental
impacts of the above described project application. The document relies on previous
environmental documents to address in detail the effects or impacts associated with the project.
CEQA requires that all state and local government agencies consider the environmental
consequences of projects over which they have discretionary authority before acting on those
projects. The initial study is a public document used by the decision-making lead agency to
determine whether a project may have a significant effect on the environment. If the lead
agency finds substantial evidence that any aspect of the project, either individually or
cumulatively, may have a significant effect on the environment, regardless of whether the
overall effect of the project is adverse or beneficial, the lead agency is required to prepare an
Environmental Impact Report (EIR). If the agency finds no substantial evidence that the project
or any of its aspects may cause a significant effect on the environment, a negative declaration
shall be prepared. If in the course of analysis, the agency recognizes that the project may have
a significant impact on the environment, but that by incorporating specific mitigation measures,
to which the project proponent has agreed in advance, the impact will be reduced to a less than
significant effect, a mitigated negative declaration shall be prepared. In reviewing the site
City of Lynwood Page 2 Digital Billboard Project Initial Study
specific information provided for the proposed project, the City of Lynwood has analyzed the
potential environmental impacts created by this project and a Negative Declaration with
Mitigation Measures has been prepared pursuant to the provisions of CEQA.
Prepared by:
Mike Poland
Planning Manager
City of Lynwood
Date:
March 10, 2017
Page 3 Digital Billboard Project Initial Study
Table of Contents
Introduction..................................................................................................................................................6
Purposeof CEQA.......................................................................................................................................6
PublicComments.......................................................................................................................................7
Setting.......................................................................................................................................................8
ProjectLocation..........................................................................................................................................8
ExistingConditions.....................................................................................................................................8
ProjectDescription.....................................................................................................................................9
ConstructionMethods..............................................................................................................................10
ProjectApprovals.....................................................................................................................................11
RegulatorySetting....................................................................................................................................12
EnvironmentalDocument........................................................................................................................15
City of Lynwood Mitigating Ordinances, Guidelines and Standards.................................................16
InitialStudy Checklist...............................................................................................................................17
Environmental Factors Potentially Affected..........................................................................................18
Determination............................................................................................................................................18
I. Aesthetics........................................................................................................................................19
II. Agricultural & Forestry Resources...............................................................................................21
III. Air Quality........................................................................................................................................22
IV. Biological Resources......................................................................................................................26
V. Cultural Resources.........................................................................................................................28
VI. Geology and Soils...........................................................................................................................29
VII. Greenhouse Gas Emissions.........................................................................................................32
VIII. Hazards and Hazardous Materials...............................................................................................34
IX. Hydrology and Water Quality........................................................................................................36
X. Land Use and Planning.................................................................................................................39
XI. Mineral Resources..........................................................................................................................40
XII. Noise.................................................................................................................................................40
XIII. Population and Housing.................................................................................................................42
XIV. Public Services................................................................................................................................42
XV. Recreation........................................................................................................................................43
City of Lynwood Page 4 Digital Billboard Project Initial Study
XVI. Transportation/Traffic.................................................................
XVI1. Utilities and Service Systems ..................................................
XVI11. Mandatory Findings of Significance ........................................
Bibliography...........................................................................................
Summary of Mitigation Measures......................................................
Acronyms...............................................................................................
................................ 44
................................48
................................ 50
................................ 53
............................... 54
............................... 55
City of Lynwood Page 5 Digital Billboard Project Initial Study
Introduction
The City of Lynwood (Lead Agency) is considering the construction of a digital billboard located
adjacent to Interstate 710 (1-710). The billboard will be located on the south side of 1-710 at
11100 Wright Road. The approval of the billboard construction constitutes a project that is
subject to review under the California Environmental Quality Act (CEQA) 1970 (Public
Resources Code, Section 21000 et seq.), and the State CEQA Guidelines (California Code of
Regulations, Section 15000 et. seq.).
This Initial Study has been prepared to assess the short-term, long-term, and cumulative
environmental impacts that could result from the adoption of the proposed project. This report
has been prepared to comply with Section 15063 of the State CEQA Guidelines, which sets
forth the required contents of an Initial Study. These include:
Purpose of CEQA
The body of state law known as CEQA was originally enacted in 1970 and has been amended a
number of times since then. The legislative intent of these regulations is established in Section
21000 of the California Public Resources Code, as follows:
The Legislature finds and declares as follows:
The maintenance of a quality environment for the people of this state now and in the future is a
matter of statewide concern.
It is necessary to provide a high-quality environment that at all times is healthful and pleasing to
the senses and intellect of man.
There is a need to understand the relationship between the maintenance of high-quality
ecological systems and the general welfare of the people of the state, including their enjoyment
of the natural resources of the state.
The capacity of the environment is limited, and it is the intent of the Legislature that the
government of the state takes immediate steps to identify any critical thresholds for the health
and safety of the people of the state and take all coordinated actions necessary to prevent such
thresholds being reached.
Every citizen has a responsibility to contribute to the preservation and enhancement of the
environment.
The interrelationship of policies and practices in the management of natural resources and
waste disposal requires systematic and concerted efforts by public and private interests to
enhance environmental quality and to control environmental pollution.
It is the intent of the Legislature that all agencies of the state government which regulate
activities of private individuals, corporations, and public agencies which are found to affect the
quality of the environment, shall regulate such activities so that major consideration is given to
preventing environmental damage, while providing a decent home and satisfying living
environment for every Californian. The Legislature further finds and declares that it is the policy
of the State to:
City of Lynwood Digital Billboard Project Initial Study
Develop and maintain a high-quality environment now and in the future, and take all action
necessary to protect, rehabilitate, and enhance the environmental quality of the state.
Take all action necessary to provide the people of this state with clean air and water, enjoyment
of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive
noise.
Prevent the elimination of fish or wildlife species due to man's activities, insure that fish and
wildlife populations do not drop below self-perpetuating levels, and preserve for future
generations representations of all plant and animal communities and examples of the major
periods of California history.
Ensure that the long-term protection of the environment, consistent with the provision of a
decent home and suitable living environment for every Californian, shall be the guiding criterion
in public decisions.
Create and maintain conditions under which man and nature can exist in productive harmony to
fulfill the social and economic requirements of present and future generations.
Require governmental agencies at all levels to develop standards and procedures necessary to
protect environmental quality.
Require governmental agencies at all levels to consider qualitative factors as well as economic
and technical factors and long-term benefits and costs, in addition to short-term benefits and
costs and to consider alternatives to proposed actions affecting the environment.
A concise statement of legislative policy, with respect to public agency consideration of projects
for some form of approval, is found in Section 21002 of the Public Resources Code, quoted
below: The Legislature finds and declares that it is the policy of the state that public agencies
should not approve projects as proposed if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen the significant environmental effects of
such projects, and that the procedures required by this division are intended to assist public
agencies in systematically identifying both the significant effects of proposed projects and the
feasible alternatives or feasible mitigation measures which will avoid or substantially lessen
such significant effects. The Legislature further finds and declares that in the event specific
economic, social, or other conditions make infeasible such project alternatives or such
mitigation measures, individual projects may be approved in spite of one or more significant
effects thereof.
Public Comments
Comments from all agencies and individuals are invited regarding the information contained in
this Initial Study. Such comments should explain any perceived deficiencies in the assessment
of impacts, identify the information that is purportedly lacking in the Initial Study or indicate
where the information may be found. All comments on the Initial Study are to be submitted to:
Mike Poland, Planning Manger
City of Lynwood
11330 Bullis Road, Lynwood, CA 90262
Phone: (310) 603-0220 ext. 251
City of Lynwood Pagel Digital Billboard Project Initial Study
Setting
Project Location
The subject site is located on the east side of Wright Road, between south bound Interstate 710
and Wright Road along the City's eastern boundary. The site has a General Plan Land Use
Designation of Manufacturing and is zoned M (Manufacturing). The site is a rectangular shaped
lot that is currently improved with an auto repair shop, which includes an approximate 3,200
square foot single story building. The remainder of the site is improved with asphaltic concrete
and used for storage of vehicles and the storage of various other types of equipment. The site is
void of vegetation.
The billboard will be located at the northeast corner of said site, adjacent to the southbound
Interstate 710 freeway.
Existing Conditions
The east side of the parcel is
bounded by Interstate 710.
Interstate 710 is a north—south
freeway running for 23 miles
(37 km) through Los Angeles
County, California. Officially
known as the Long Beach
Freeway, it runs north
from Long Beach to Valley
Boulevard, just north of 1-10,
the San Bernardino freeway,
near the boundary between
the cities of Alhambra and Los
Angeles. South of 1-5,
Interstate 710 follows the
course of the Los Angeles
River, rarely wandering more
than a few hundred feet from
the riverbed. South of SR 1 in
Long Beach, SR 710 is
officially part of the Seaside
Regional Map Freeway. Interstate 710 has
approximately 236,000 average daily vehicle trips along the south bound lanes of Interstate 710
adjacent to the parcel.
The north side of the site is bounded by an automobile wheel repair facility. The south side of
the site has a furniture restoration facility. Both of these sites have a General Plan Land Use
Designation of Manufacturing and are zoned M (Manufacturing).
Single and multi -family homes are located on Wright Road, west of the site. These homes have
a General Plan Land Use Designation of Multi -Family Residential and are within the R-3 (Multi -
Family Residential) zone.
City of Lynwood __ Digital Page 8 Billboard Project Initial Study
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Existing Conditions
The east side of the parcel is
bounded by Interstate 710.
Interstate 710 is a north—south
freeway running for 23 miles
(37 km) through Los Angeles
County, California. Officially
known as the Long Beach
Freeway, it runs north
from Long Beach to Valley
Boulevard, just north of 1-10,
the San Bernardino freeway,
near the boundary between
the cities of Alhambra and Los
Angeles. South of 1-5,
Interstate 710 follows the
course of the Los Angeles
River, rarely wandering more
than a few hundred feet from
the riverbed. South of SR 1 in
Long Beach, SR 710 is
officially part of the Seaside
Regional Map Freeway. Interstate 710 has
approximately 236,000 average daily vehicle trips along the south bound lanes of Interstate 710
adjacent to the parcel.
The north side of the site is bounded by an automobile wheel repair facility. The south side of
the site has a furniture restoration facility. Both of these sites have a General Plan Land Use
Designation of Manufacturing and are zoned M (Manufacturing).
Single and multi -family homes are located on Wright Road, west of the site. These homes have
a General Plan Land Use Designation of Multi -Family Residential and are within the R-3 (Multi -
Family Residential) zone.
City of Lynwood __ Digital Page 8 Billboard Project Initial Study
--
Project Description
The proposed digital billboard consists of a display surface no larger than 672 square feet (sf) in
an active copy area that supports an image generated by light emitting diodes (LED), typically
no less than 200 pixels x 704 pixels, as shown in Figure 4. The image on the sign is static for a
period of time, usually ranging from four to eight seconds. Each pixel consists of three diodes:
one red, one blue and one green in a triangular shape in each cluster. The digital billboard
would be installed on a structure to elevate the billboard at a level approximately 85 -feet above
the centerline of the adjacent freeway travel lane with a "V" shaped Digital Message Center. The
supporting structure would have a vertical center column with two 14 -foot x 48 -foot digital faces.
Photos of Existing Conditions
The LED lighting would be designed to make the message displays visible to passing motorists.
Light sensors would be installed to measure ambient light levels and to adjust light intensity to
respond to a change in ambient light conditions. Lighting levels on the digital billboard would not
exceed 0.3 foot candles over ambient levels, as measured using a foot candle meter at a pre-
set distance (250 feet for 14'x 48' face size). The brightness of the LED display is subject to
adjustment based on ambient conditions. The display, for example, is adjustable, so it would
generally be brighter in the daytime than at night.
Power to the billboard would be provided via a central breaker panel with a primary feed of
120/240 volt 200 amp single phase service for both faces of the billboard. The electrical
connections would be UL and IEC -approved. The displays advertised would be controlled
remotely and would have remote maintenance software. Once the digital billboard is installed
and operationally stabilized, it is anticipated that approximately 6-8 visits per year would be
needed for maintenance purposes.
The project applicant, Becker Boards Small LLC, would enter into a Development Agreement
with the City of Lynwood to construct, own, maintain and operate the billboard. The
Development Agreement would include language specifically requiring the project applicant,
Becker Boards Small LLC, to ensure that the digital billboard would include no special visual
City of Lynwood Digital Billboard Project Initial Study
Page 9 _ _.. _. _
effects that include moving or flashing lights that accompany the transition between two
successive messages, and no special visual effects shall accompany any message display; and
Becker Boards Small LLC would be required to report to the City its intention of installing,
implementing or using any technology that would allow interaction with drivers, vehicles or any
device located in vehicles, including, but not limited to a radio frequency identification device,
geographic positions system (GPS), or other device, a minimum of 30 days in advance of such
operation, and shall not proceed with such operation until approved by the City.
Construction Methods
Construction of the billboard
would be subject to the uniform
building code, and a building
permit would be required for
construction activities. The City's
Planning and Building Division
would review the plans and
specifications to ensure
compliance with all applicable
building code requirements.
Once the Planning and Building
Division verifies the project
complies with all applicable
requirements and the proper
fees have been paid, a building
permit would be issued.
Construction activities typically take a week to complete and include one drilling rig, one crane,
and a small crew. The ultimate area of ground level disturbance is an approximately 10' x 10'
area. The following would be completed to install the sign.
On the first day, the existing billboard would be dismantled and removed from the site. To
construct the foundation, a drilling rig would drill a hole five feet (5') in diameter and fifty-one
(51) feet deep. A trench plate would be placed over the hole to secure the site.
On the second day, the column (or base) for the sign is delivered to the site. The column is
typically 42" in diameter. The column is lifted into place in the foundation hole by a crane, and is
maintained in place by I -beams that are welded to the column. A building inspection is required
at this point. If completed in time concrete is also poured on the second day. The concrete used
is a 3,000 -pound mix (i.e., concrete that would withstand 3,000 pounds of pressure for 28 days
without breaking).
After the concrete cures for three days, the crew returns to the site. The I-beam welds are
ground off and the I -beams removed. The upper structure components are delivered to the site
and assembled on the ground by the crew (usually 4-5 persons). The crane returns to the site
and lifts the upper structure into place atop the column.
Arrangements to extend electrical service to the site are made in advance of the construction
activities. If the electrical service is underground a sleeve that would accommodate the electrical
service is placed in the concrete foundation. The typical electrical service is 200 amps for single
phase.
City of Lynwood _... Page 10 Digital Billboard Project Initial Study
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The wind load for a digital billboard is the same as for other signage of similar size. Digital
billboards carry a higher dead load (approximately 10,000 pounds as opposed to 2,000 pounds)
than typical lighted signage and this is taken into account by the structural engineer in the
design and confirmed by the City as part of the building permit process.
Proposed Digital Billboard
Project Approvals
The project applicant is requesting the following approvals from the City of Lynwood:
• Adoption of the Negative Declaration
• Approval of the Development Agreement
• Issuance of a building permit for the billboard
This environmental review may be used by those responsible and trustee agencies that may
have some approval authority over the project (i.e., to issue a permit or approval). The project
applicant would obtain all permits, as required by law. In addition to the City of Lynwood, the
following agency may have discretionary authority over this project.
• California Department of Transportation (Caltrans)
City of Lynwood_ Page 11 _ Digital Billboard Project initial Study
-_. _�. __ Billboard
Regulatory Setting
Federal
The federal Highway Beautification Act of 1965 (23 U.S.C. 131) provides for control of outdoor
advertising, including removal of certain types of signs, along the interstate highway system. It
requires certain junkyards along Interstate or primary highways to be removed or screened and
encourages scenic enhancement and roadside development. The Act is enforced by the
Federal Highway Administration (FHWA). As part of its enforcement effort, the FHWA has
entered into agreements regarding the Act with state departments of transportation. The
agreements with California are described under the State provisions, below.
State
The California Department of Transportation (Caltrans) is involved in the control of `off -premise"
displays along state highways. Such displays advertise products or services of businesses
located on property other than the display. Caltrans does not regulate on -premise displays.
The FHWA has entered into written agreements with various states as part of the
implementation of the Highway Beautification Act. California has entered into two agreements
with FHWA in May 29, 1965, and a subsequent agreement dated February 15, 1968. The
agreements generally provide that the State will control the construction of all outdoor
advertising signs, displays and devices within 660 feet of the interstate highway right-of-way.
The agreements provide that such signs shall be erected only in commercial or industrial zones,
and are subject to the following restrictions:
• No signs shall imitate or resemble any official traffic sign, signal or device, nor shall
signs obstruct or interfere with official signs;
• No signs shall be erected on rocks or other natural features,
• Signs shall be no larger than 25 by 60 feet, excluding border, trim and supports;
• Signs on the same side of the freeway must be separated by at least 500 feet, and
• Signs shall not include flashing, intermittent or moving lights, and shall not emit light
that could obstruct or impair the vision of any driver.
California regulates outdoor advertising in the Outdoor Advertising Act (Business and
Professions Code, §5200 et seq.) and the California Code of Regulations, Title 4, Division 6
(§2240 et seq.) Caltrans enforces the law and regulations. Caltrans requires applicants for new
outdoor lighting to demonstrate that the owner of the parcel consents to the placement sign, that
the parcel on which the sign would be located is zoned commercial or industrial, and that local
building permits are obtained and complied with. A digital billboard is identified as a "message
center" in the statute, which is an advertising display where the message is changed more than
once every two minutes, but no more than once every four seconds. (Business and Professions
Code, §5216.4).
Some freeways are classified as "landscaped freeways." A landscaped freeway is defined as
one that is now, or may in the future be, improved by the planting of lawns, trees, shrubs,
flowers or other ornamental vegetation requiring reasonable maintenance on one or both sides
of the freeway (§5216). Off -premise displays are not allowed along landscaped freeways except
when approved as part of relocation agreements. Caltrans has interpreted these provisions as
City of Lynwood Page 12 Digital Billboard Project Initial Study
_......_ _..._...._....
allowing new billboards along such freeway segments if a relocation agreement has been
approved pursuant to §5412 of the Outdoor Advertising Act. The segment of 1-80 adjacent to the
proposed project site is not classified as a landscaped freeway.
The Outdoor Advertising Act contains a number of provisions relating to the construction and
operation of billboards:
• The sign must be constructed to withstand a wind pressure of 20 pounds per square feet
of exposed surface (§5401);
• No sign shall display any statements or words of an obscene, indecent or immoral
character (§5402);
• No sign shall display flashing, intermittent or moving light or lights (§5403(h));
• Signs are restricted from areas within 300 feet of an intersection of highways or of
highway and railroad right-of-ways, but a sign may be located at the point of interception,
as long as a clear view is allowed for 300 feet, and no sign shall be installed that would
prevent a traveler from obtaining a clear view of approaching vehicles for a distance of
500 feet along the highway (§5404); and
• Message center signs may not include any illumination or message change that is in
motion or appears to be in motion or that change or expose a message for less than four
seconds. No message center sign may be located within 500 feet of an existing
billboard, or 1,000 feet of another message center display, on the same side of the
highway (§5405).
Additional restrictions on outdoor signage are found in the California Vehicle Code. Vehicle
Code §21466.5 prohibits the placing of any light source "...of any color of such brilliance as to
impair the vision of drivers upon the highway." Specific standards for measuring light sources
are provided. The restrictions may be enforced by Caltrans, the California Highway Patrol, or
local authorities.
City of Lynwood
The City of Lynwood's Sign Ordinance (Lynwood Municipal Code Chapter 25/Section 25-70-14)
addresses "Off -Site Outdoor Advertising Displays".
Notwithstanding any other provision of the zoning code, off-site outdoor advertising displays
shall be allowed in all commercial and industrial zones, on any size parcel, whether public or
private property, subject to the following criteria:
The advertising display shall be included as part of a development agreement, lease
agreement or other agreement with the City or its related agencies, including but not
limited to the Lynwood parking authority ("related agencies'), and the agreement
contains performance, one-time fee, public benefits, or ongoing revenue provisions that
allow the city or related agencies to undertake projects, programs, or other activities that
improve the visual environment.
2. The advertising display shall be placed within six hundred sixty feet (660') from the edge
of the right-of-way of a freeway, except as may be approved in a development
agreement, lease or license per subsection Al2 of this section, subject to applicable
provisions of Business and Professions Code section 5200 et seq.
City of Lynwood _ Page 13 Digital_ Billboard Project Initial Study
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3. No advertising display shall be placed within five hundred feet (500) from another
advertising display on the same side of any portion of a freeway, except as may be
approved in a development agreement, lease or license per subsection Al2 of this
section.
4. The advertising structure shall not exceed the minimum height necessary to provide one
thousand feet (1,000') of unobstructed visibility from the main traveled way to each
facing on the advertising structure. The minimum height shall be measured above the
adjacent freeway grade, or if on a commercial corridor, from ground level.
5. No advertising structure shall have a facing that exceeds one thousand two hundred
(1,200) square feet in area with a maximum height of twenty-five feet (25') and maximum
length of sixty feet (60'), including border and trim and extensions, and excluding base or
apron supports and other structural members. This subsection shall apply to each facing
on an outdoor advertising structure. The area shall be measured by the smallest square,
rectangle, triangle, circle, or combination thereof, which will encompass the entire
advertisement and is made based on the height and the length but not the depth of the
advertising copy.
& No advertising display may be placed that is so illuminated or contains a digital display
that it interferes with the effectiveness of or obscures any official traffic sign, device, or
signal or violates any applicable law; nor shall any advertising display include any digital
display or be illuminated in a manner that includes flashing, intermittent, or moving lights
as further prohibited by the provisions of the Business and Professions Code, nor shall
any advertising display cause beams or rays of light to be directed at the traveled ways if
the light is of an intensity or brilliance as to cause glare or to impair the vision of any
driver, or to interfere with any driver's operation of a motor vehicle.
7. Existing setback and yard requirements of the underlying commercial or industrial zone
shall not be applicable to placement of any advertising structure. No minimum setback or
yard requirements shall be applied to placement of an advertising display.
8. No advertising display shall be placed or maintained in violation of the outdoor
advertising act, chapter 2 (commencing with section 5200) of division 3 of the California
Business and Professions Code, or any other applicable state, federal, or local law.
9. Unless otherwise specified in this section, the general sign requirements set forth in the
Business and Professions Code shall apply to plans and materials for and to design,
construction, street address numbers, identification and maintenance of outdoor
advertising displays approved under this section.
10. No person shall place an off-site outdoor advertising structure without first having
secured a zoning permit, a sign permit and a building permit.
a. A separate building permit shall be required for each advertising structure whether or
not the advertising structure is proposed alone or as one of any number of
advertising structures proposed to be placed on the same parcel, contiguous parcels,
or any set of related or unrelated parcels that are the subject of a single development
proposal.
City of Lynwood Page 14 Digital. Billboard Project Initial Study
b. At the discretion of the director of development services, a separate zoning permit
shall be issued for one advertising structure or a single zoning permit may be issued
for any number of advertising structures proposed on the same parcel, contiguous
parcels, or any set of related or unrelated parcels that are the subject of a single
development proposal and equally compliant under all applicable Business and
Professions Code requirements.
11. No permit of any kind shall be issued for an advertising display without prior approval
of an appropriate agreement, by the City Council, as described in subsection Al of this
section, and permits per subsection Al of this section.
a. An application for approval of a zoning, sign and building permit for an off-site
advertising structure shall be filed with the City Council in accordance with the
following provisions:
(1) Any person who has an ownership, license or leasehold interest in the land
parcel may file an application for approval of a zoning and building permit for
an off-site advertising structure. If submitted by the holder of a license or
leasehold interest, the application must include a statement of consent to
proceed with the proposed development executed by the holder of an
ownership interest and acknowledged before a notary public for the state of
California.
(2) The application may request review of one or multiple advertising structures.
(3) The application shall be accompanied by photos of all existing signage and
accurate architectural renderings and elevations of proposed advertising
structures, as well as a scaled plot plan and elevations showing the locations
of all existing structures and improvements on the property, and the proposed
advertising structure(s).
(4) At the time of filing the application for permits, the applicant shall pay a filing
fee in accordance with a City Council approved resolution. This fee shall be in
addition to any other required fees for permits relative to development of the
property and shall be for the purpose of defraying the costs associated with
city review and action on the application.
(5) Any permit issued shall be the property of the applicant
12. Where any standard imposed by a negotiated development agreement, lease or
license differs from the general standards set forth in this section or sections 25-130-
5 or 25-135-6, the standards imposed by the development agreement, lease or license
shall apply over the general standards as a matter of public interest and in the
discretion of the City or its related agencies.
Environmental Document
The City has determined that an Initial Study shall be prepared in order to determine whether
the potential exists for any impacts to be considered potentially significant resulting from the
proposed project. In 2013, the City amended their Sign Ordinance (Lynwood Municipal Code
City of Lynwood Page 15 Digital Billboard Project Initial Study
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Chapter 25) to address issues with regarding outdoor advertising devices adjacent to freeways
and highways.
Where the Initial Study concludes that there is no substantial evidence that the project could
have a significant effect on the environment, a Negative Declaration (or a Mitigated Negative
Declaration) is required. If revisions in the project plans or proposals are made or agreed to by
the applicant before the CEQA analysis is released for public review, that would avoid or
mitigate significant adverse environmental impacts, then a Negative Declaration is still required
(§15070). If the Initial Study concludes that there is substantial evidence that a project could
have a significant effect on the environment, and mitigation are either unavailable or have not
been agreed to by the applicant, then an EIR is required.
City of Lynwood Mitigating Ordinances, Guidelines and Standards
The CEQA Guidelines allow the use of previously adopted development policies or standards as
mitigation for the environmental effects of future projects, when the standards have been
adopted by the City with findings, based on substantial evidence, that the policies or standards
will substantially mitigate environmental effects, unless substantial new information shows that
the policies or standards will not substantially mitigate the effects (§15183[fj). In March 2005,
the City of Lynwood adopted the CEQA implementing procedures for the preparation,
processing, and review of environmental documents. These findings are applicable to the
following regulations and ordinances, which include standards and policies that are uniformly
applied throughout the City, and will substantially mitigate specified environmental effects of
future projects:
• Urban Stormwater Quality Management and Discharge Control
• Stormwater Quality Design Manual
• Noise Regulations
• Traffic Mitigation Fee
The City's mitigating ordinances, guidelines and standards are referenced, where applicable, in
this Initial Study Checklist. Because the City has adopted Findings of Fact that these Mitigating
Policies and Standards substantially mitigate environmental impacts, no additional project -
specific mitigation is required for the specified impact areas. Under CEQA Guidelines section
15183, the impacts that can be substantially mitigated by these policies or standards are
exempt from CEQA.
City of Lynwood Page 16 Digital Billboard Project Initial Study
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Initial Study Checklist
The initial study checklist recommended by the CEQA Guidelines is used to determine potential
impacts of the proposed project on the physical environment. The checklist provides a list of
questions concerning a comprehensive array of environmental issue areas potentially affected
by the project. Explanations to answers are provided in a discussion for each section of
questions, as follows:
A brief explanation is required for all answers except "No Impact' answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact' answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer
should be explained where it is based on project -specific factors as well as general
standards (e.g., the project will not expose sensitive receptors to pollutants, based on a
project -specific screening analysis).
• All answers must take account of the whole action involved, including off-site as well as
on-site, cumulative as well as project level, indirect as well as direct, and construction as
well as operational impacts.
• "Potentially Significant Impact' is appropriate if there is substantial evidence that an
effect is significant. If there are one or more "Potentially Significant Impact' entries when
the determination is made, an EIR is required.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact' to a
"Less than Significant Impact." The lead agency must describe the mitigation measures,
and briefly explain how they reduce the effect to a less than significant level
• Less Than Significant Impact' applies where the impact does not require mitigation or
result in a substantial or potentially substantial change of any of the physical conditions
within the area affected by the project.
• Earlier analyses may be used where, pursuant to the tiering, program EIR, or other
CEQA process, an effect has been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D).
Reference to a previously prepared or outside document should, where appropriate, include a
reference to the page(s) or section(s) where the statement is substantiated.
City of Lynwood Page 17 Digital Billboard Project Initial Study
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Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a `Potentially Significant Impact' as indicated by the checklist on the
following pages.
❑x
Aesthetics
❑
Agriculture Resources
[H]
Air Quality
Geology /Soils
❑
Biological Resources
❑
Cultural Resources
❑
Greenhouse Gas
❑
Hazards & Hazardous❑
❑
Hydrology / Water
El
Emissions
Materials
Quality
❑
Land Use/Planning
❑
Mineral Resources
❑
Noise
❑ Population/Housing ❑ Public Services ❑ Recreation
❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of
Significance
Determination
0 I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared. I find that although the
proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a 'potentially significant impact' or `potentially
significant unless mitigated' impact on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but
it must analyze only the effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
City of Lynwood Page 18 Digital Billboard Project Initial Study
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Aesthetics
Would the project.
Setting
Freeways are typically highways divided by a median, with two or more lanes in each direction
of travel. The freeways include overhead lights. Existing sources of ambient light and glare
along 1-710 includes highly urbanized commercial and industrial development. Headlights from
motor vehicles contribute to the ambient light conditions.
Digital billboards are currently located in the City of South Gate, Compton, and along the 1-105
corridor. The project site is located within an industrial and manufacturing developed area
adjacent to a major freeway. This site is located adjacent to a segment of 1-710 in Lynwood that
has not been identified by the State as a scenic highway or a landscaped freeway.
Discussion of Checklist Answers
a -b) No Impact. The proposed project would provide for the construction and operation of a
digital billboard structure adjacent to a segment of 1-710. The project site is located in the
City of Lynwood and 1-710 is not a designated by the Caltrans State Scenic Highway
Mapping System as a State scenic highway. The project site does not include any
heritage trees, historic buildings or rock outcroppings that would be considered scenic
resources. Because there are no scenic vistas or scenic resources on this site or nearby
that the project could adversely affect, development of this site would result in no impact
on these resources.
C) Less Than Significant Unless Mitigation Incorporated. The project site is in a highly
disturbed area zoned for manufacturing and industrial uses adjacent to the Interstate
710 freeway The project site is currently being used as a vehicle repair facility. The area
of the sign is on the northeast corner of the property and will not impact the operations of
the vehicle repair facility. The proposed sign would be located along a freeway within the
City limits in an area zoned for manufacturing and industrial uses away from sensitive
City of LynwoodPage 19 Digital Billboard Project Initial Study
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a)
Have a substantial adverse effect on a X
scenic vista?
b)
Substantially damage scenic resources,
including, but not limited to, trees, rock X
outcroppings, and historic buildings within a
state scenic highway?
c)
Substantially degrade the existing visual
character or quality of the site and its X
surroundings?
d)
Create a new source of substantial light or
glare, which would adversely affect day or X
nighttime views in the area?
Setting
Freeways are typically highways divided by a median, with two or more lanes in each direction
of travel. The freeways include overhead lights. Existing sources of ambient light and glare
along 1-710 includes highly urbanized commercial and industrial development. Headlights from
motor vehicles contribute to the ambient light conditions.
Digital billboards are currently located in the City of South Gate, Compton, and along the 1-105
corridor. The project site is located within an industrial and manufacturing developed area
adjacent to a major freeway. This site is located adjacent to a segment of 1-710 in Lynwood that
has not been identified by the State as a scenic highway or a landscaped freeway.
Discussion of Checklist Answers
a -b) No Impact. The proposed project would provide for the construction and operation of a
digital billboard structure adjacent to a segment of 1-710. The project site is located in the
City of Lynwood and 1-710 is not a designated by the Caltrans State Scenic Highway
Mapping System as a State scenic highway. The project site does not include any
heritage trees, historic buildings or rock outcroppings that would be considered scenic
resources. Because there are no scenic vistas or scenic resources on this site or nearby
that the project could adversely affect, development of this site would result in no impact
on these resources.
C) Less Than Significant Unless Mitigation Incorporated. The project site is in a highly
disturbed area zoned for manufacturing and industrial uses adjacent to the Interstate
710 freeway The project site is currently being used as a vehicle repair facility. The area
of the sign is on the northeast corner of the property and will not impact the operations of
the vehicle repair facility. The proposed sign would be located along a freeway within the
City limits in an area zoned for manufacturing and industrial uses away from sensitive
City of LynwoodPage 19 Digital Billboard Project Initial Study
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receptors. Notwithstanding this, the applicant prepared a visual simulation analysis to
determine the extent of any visual impacts. This visual simulation analysis involved
analyzing two different perspectives from the surrounding area. A review of the photo
analysis shows that the sign will be fully visible from the Interstate 710, in which it is
designed to be directed towards.
A second potential impact can result from the advertising displayed on the sign. It can be
upsetting for persons who live and work in the area to view advertisement that contains
any adult or sexually oriented businesses, tobacco -related products, or other content
that contains any obscene or profane language. This would be considered to degrade
the existing visual character or quality of the site and its surroundings.
Even though the sign is anticipated to change the visual nature and character of the
surroundings, it is being done in a manner that is consistent with the urbanized and
developed nature of existing conditions. However, excessive light being generated from
the sign at night or undesirable advertising can have a significant impact to the area, as
such, mitigation measures are required.
d) Less Than Potentially Significant Unless Mitigation Incorporated. The construction
and operation of the digital billboard may contribute to an increase in light and glare to
passing motorists on 1-710 and adjacent properties. However, the amount of additional
light and glare would contribute to the already affected urban view sheds along the 1-710
corridor. The primary effect of digital billboards is related to the brightness of the
billboard background as seen from the viewer's perspective. The proposed digital
billboard's LED lighting would be designed to make the message displays visible to
passing motorists. Light sensors would be installed to measure ambient light levels and
to adjust light intensity to respond to a change in ambient light conditions. Lighting levels
on the digital billboard would not exceed 0.3 foot candles over ambient levels, as
measured using a foot candle meter at a pre-set distance (250 feet for 14'x 48' face
size). The display lighting and intensity is adjustable, so it may be brighter in the daytime
than at night.
Federal Highway Administration (FHWA) has addressed signage issues in general, and
digital signs in particular. The FHWA has responded to the development of signs that
present changing messages, either mechanically or digitally, with an interpretation of its
agreements with the states pursuant to the Highway Beautification Act. The FHWA
agreement with California requires that Caltrans enforce specific FHWA provisions
related to digital signs. Prior to construction and operation, the proposed digital billboard
must first obtain an Outdoor Advertising Permit from Caltrans. As a condition of that
permit, the electronic billboard would be required to comply with the brightness
requirements outlined in the Outdoor Advertising Act in that the illumination thereon shall
not be of such brilliance or so positioned as to blind or dazzle the vision of travelers on
adjacent highways (Business and Professions Code §5403). The Outdoor Advertising
Act also provides that message center displays that comply with its requirements are not
considered flashing, intermittent or moving light (Business and Professions Code
§5405(d)(1)). The requirements provide that such signs must not display messages that
change more than once every four seconds, and that no message center may be placed
within 1,000 feet of another message center display on the same side of the highway.
The above restrictions have been imposed for traffic safety reasons, and are discussed
in more detail in the Transportation section.
City of Lynwood Page 20 Digital Billboard Project Initial Study
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Although these restrictions have been imposed for traffic safety reasons, the resulting
controls effectively regulate light and glare to ensure that the operation of any digital sign
does not create a substantial new source of light or glare. Notwithstanding this, there is
no guarantee that Caltrans will impose this regulation, so mitigation measures are
needed to avoid significant impacts from light and glare.
Mitigation Measures:
AES01:
Lighting levels on the digital sign shall not exceed 0.3 foot candles above
ambient light from a distance of 250 feet, as measured according to standards
of the Outdoor Advertising Association of America (OAAA).
AES02:
Brightness shall not exceed 800 nits (candela per square meter) from sunset to
sunrise. At all other times, brightness will not exceed 7500 nits.
AES03:
Illumination shall be directed such that minimal light spill will occur on either
side or the top or bottom of the sign face.
AES04:
A light sensor shall be installed with the sign to measure ambient light levels
and to adjust light intensity to respond to such conditions. The light sensor
adjusts the sign's brightness in order to compete with ambient light. The darker
the surrounding ambient light, the less bright the sign is.
AES05:
The sign shall not display any moving, flashing, scrolling, fading, brightening or
animated text or video.
AES06:
Signage shall be controlled remotely and include remote maintenance
software.
AES07:
LED lighting has a directional nature, and the projected viewing angle values
for this sign shall be ± 30° vertically and ± 60° horizontally. Louvers shall be
located above each row of lights to prevent light from projecting upward into the
sky.
AES08:
No sign shall advertise any adult or sexually oriented businesses, tobacco -
related products, or other content that contains any obscene or profane
language.
II. Agricultural & Forestry Resources
Setting
In determining whether impacts to agricultural resources are significant environmental effects,
lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Department of Conservation as an optional model to
use in assessing impacts on agriculture and farmland. In determining whether impacts to forest
resources, including timberland, are significant environmental effects, lead agencies may refer
to information compiled by the California Department of Forestry and Fire Protection regarding
the state's inventory of forest land, including the Forest and Range Assessment Project and the
City of Lynwood Page 21 Digital Billboard Project Initial Study
_..
Forest Legacy Assessment project; and forest carbon measurement methodology provided in
Forest Protocols adopted by the California Air Resources Board.
Would the project:
Discussion of Checklist Answers
a -e) No Impact. The digital billboard is proposed in an area designated in the City's General
Plan for manufacturing uses and is also zoned for manufacturing. The project site is
located in a narrow strip of land adjacent to the 1-710 corridor. There are no agricultural
resources, prime farmland, or Williamson Act lands in the vicinity of the 1-710 corridor. In
addition, the site does not contain any timber resources or forest land. Construction and
operation of a digital billboard would not result in the loss of forest land or result in the
conversion of farmland or conflict with any land zoned for forest land. Therefore, no
impact would occur.
III. Air Quality
Where available, the significance criteria established by the applicable air quality management
or air pollution control district may be relied upon to make the following determinations.
City of Lynwood Page 22 Digital Billboard Project Initial Study
_ _
M5
q'
{1
£
a)x
Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
X
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b)
Conflict with existing zoning for agricultural
X
use, or a Williamson Act contract?
c)
Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
X
Code Section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d)
Result in the loss of forest land or conversion
X
of forest land to non -forest use?
e)
Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
X
Farmland, to non-agricultural use or
conversion of forest land to non -forest use?
Discussion of Checklist Answers
a -e) No Impact. The digital billboard is proposed in an area designated in the City's General
Plan for manufacturing uses and is also zoned for manufacturing. The project site is
located in a narrow strip of land adjacent to the 1-710 corridor. There are no agricultural
resources, prime farmland, or Williamson Act lands in the vicinity of the 1-710 corridor. In
addition, the site does not contain any timber resources or forest land. Construction and
operation of a digital billboard would not result in the loss of forest land or result in the
conversion of farmland or conflict with any land zoned for forest land. Therefore, no
impact would occur.
III. Air Quality
Where available, the significance criteria established by the applicable air quality management
or air pollution control district may be relied upon to make the following determinations.
City of Lynwood Page 22 Digital Billboard Project Initial Study
_ _
Would the project:
f
F L
�•Zp �" ! E
S
a) Conflict with or obstruct implementation of
X
the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an existing or
X
projected air quality violation?
c) Result in a cumulatively considerable net
increase of any criteria for which the
project region is non -attainment under an
applicable federal or state ambient air
X
quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial
X
pollutant concentrations?
e) Create objectionable odors affecting a
X
substantial number of people?
Setting
The proposed project is located in the South Coast Air Basin (SCAB). The SCAB's climate and
topography contribute to the formation and transport of pollutants that contain ozone or other
chemicals that react with sunlight throughout the region. The region experiences temperature
inversions that limit atmospheric mixing and trap pollutants, resulting in high pollutant
concentrations near the ground surface. The U.S. Environmental Protection Agency (EPA) has
established national ambient air quality standards (NAAQS) for which the California Air
Resources Board (ARB) and the South Coast Air Quality Management District (SCAQMD) have
primary implementation responsibility. The ARB and the SCAQMD are also responsible for
ensuring that the California ambient air quality standards (CAAQS) are met (California Air
Resources Board 2008a). SCAQMD manages air quality in the Los Angeles County portion of
the South Coast Air Basin; it has jurisdiction over air quality issues in the county and
administers air quality regulations developed at the federal, state, and local levels. It is also
responsible for implementing strategies for air quality improvement and recommending
mitigation measures for new growth and development.
Area Pollutants
State and federal criteria pollutant emission standards have been established for six pollutants:
carbon monoxide (CO), ozone, particulate matter (particulate matter of less than 10 microns in
diameter [PM10] and particulate matter less than 2.5 microns in diameter [PM2.5]), nitrogen
dioxide (NO2), sulfur dioxide (SO2), and lead. The pollutants of greatest concern in the SVAB
are ozone, particulate matter, and CO.
City of Lynwood Page 23 Digital Billboard Project Initial Study
__.
Carbon dioxide (CO2) and toxic air contaminates (TACs) also affect climate change and human
health, respectively, but no state or federal ambient air quality standards exist for these
pollutants.
Ozone: Ozone is a respiratory irritant and an oxidant that can cause substantial damage to
vegetation and other materials. Ozone is not emitted directly into the air, but is formed by a
photochemical reaction in the atmosphere. Ozone precursors, called reactive organic gases
(ROG), and oxides of nitrogen (NOX) react in the atmosphere in the presence of sunlight to
form ozone. Ozone is primarily a summer air pollution problem, and high ozone levels often
occur downwind of the emission source.
Inhalable Particulate Matter: The federal and state ambient air quality standard for particulate
matter applies to two classes of particulates: PM10 and PM2.5. Health concerns associated with
suspended particulate matter focus on those particles small enough to reach the lungs when
inhaled. Sources of PM10 in the SVAB are both rural and urban, and include agricultural
burning, disking of agricultural fields, industrial emissions, dust suspended by vehicle traffic, and
secondary aerosols formed by reactions in the atmosphere.
Carbon Monoxide: Carbon monoxide is a public health concern because it combines readily
with hemoglobin and reduces the amount of oxygen transported in the bloodstream. Motor
vehicles are the dominant source of CO emissions in most areas. High CO levels develop
primarily during winter, when periods of light winds combine with the formation of ground -level
temperature inversions (typically from the evening through early morning).
Carbon Dioxide: Carbon dioxide is an anthropogenic greenhouse gas (GHG) and accounts for
more than 75% of all anthropogenic GHG emissions. Its long atmospheric lifetime (on the order
of decades to centuries) ensures that atmospheric concentrations of CO2 will remain elevated
for decades Increasing CO2 concentrations in the atmosphere are primarily a result of
emissions from the burning of fossil fuels, gas flaring, cement production, and land use
changes.
Mobile Source Air Toxics/Toxic Air Contaminants: Toxic air contaminants (MSATs/TACs) are
pollutants that may result in an increase in mortality or serious illness, or that may pose a
present or potential hazard to human health. ARB identified particulate matter from diesel -fueled
engines as a TAC, which is estimated to be responsible for about 70% of the total ambient air
toxics risk (ARB 2000).
Discussion of Checklist Answers
a) No Impact. The proposed sign is not anticipated to conflict with or obstruct
implementation of the applicable air quality plan. The proposed project is located in the
South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air
Quality Management District (SCAQMD). The SCAQMD is the regional agency
responsible for air quality regulations within the SCAB including enforcing the California
Ambient Air Quality Standards (CAAQS) and implementing strategies to improve air
quality and to mitigate effects from new growth. The SCAQMD, in association with the
California Air Resources Board (GARB) and the Southern California Association of
Governments (SCAG), is responsible for preparing the Air Quality Management Plan
(AQMP) that details how the region intends to attain or maintain the state and federal
ambient air quality standards. The Final 2007 AQMP describes the SCAQMD's plan to
attain the federal fine particulate matter less than or equal to 2.5 microns (Nm) in
City of Lynwood Page 24 Digital Billboard Project Initial Study
__...
diameter (PM2.5) and 8 -hour ozone (03) standards. Although the SCAQMD cannot
directly regulate mobile source emissions, the Final 2007 AQMP requires the use of
cleaner (as compared to "baseline") in -use (i.e., existing) off-road (i.e., non -highway)
equipment. In 2007, CARB adopted a regulation to reduce diesel particulate matter and
nitrogen oxides (NOx) emissions from in -use (existing) off-road heavy-duty diesel
vehicles. Consistency with the 2007 AQMP is determined when a project: (1) does not
increase the frequency or severity of an air quality standards violation or cause a new
violation; (2) is consistent with the growth assumptions in the AQMP; and (3) does not
conflict with the implementation of any of the control measures or strategies adopted in
the AQMP. The purpose of the AQMP is to bring an area into compliance with the
requirements of Federal and State air quality standards. The consistency review is as
follows:
1. The project will result in short-term construction related pollutant emissions less
than the CEQA significance emissions thresholds established by the SCAQMD,
as determined in Response No. 3(b) below. Therefore, the project will not result
in an increase in the frequency or severity of an air quality standards violation
and will not cause a new air quality standard violation.
2. The project does not include a residential component that would result in any
population growth and is consistent with the light industrial land use designation.
Therefore, the project is consistent with the growth assumptions utilized in the
AQMP.
3. The pollution control strategies of the 2007 AQMP are mainly concerned with
technologically based means of reducing emissions from mobile and stationary
sources. Many of the control strategies are plans to develop regulations and
rules that will specify future requirements for activities to reduce pollutant
emissions. Example control strategies include increased industrial PM emissions
control through baghouses, wet scrubbers, and other devices, volatile organic
compounds (VOC) reductions in lubricants, and the light- and medium -duty
vehicle high -emitters identification program to reduce NOx, and VOC emissions.
There are no control strategies that are applicable to the project.
Based on this consistency analysis, no impact is anticipated relating to conflicts with the Air
Quality Management Plan.
b & c) Less Than Significant Impact. Short-term air quality impacts can be anticipated from
construction substantially to an existing or projected air quality violation. All construction
equipment is required to comply with CARB regulations, and construction activity is
subject to the SCAQMD regulations. The California Clean Air Act, signed into law in
1988, established the CAAQS, all areas of the state are required to achieve and
maintain the CAAQS by the earliest practicable date. Regions of the state that have not
met one or more of the CAAQS are known as nonattainment areas, while regions that
meet the CAAQS are known as attainment areas. The proposed project would be
located in the Los Angeles County sub -area of the SCAB. Los Angeles County is
designated as a state nonattainment area for 03, PM2.5, inhalable particulate matter
less than or equal to 10 pm in diameter (PM10), nitrogen dioxide (NO2), and lead; and
an attainment or unclassified area for carbon monoxide (CO), sulfur dioxide (SO2),
sulfates, hydrogen sulfide, and visibility reducing particles. The SCAQMD publishes
thresholds of significance for these pollutants.
City of Lynwood Digital Billboard Project Initial Study
Page 25 _. _.._ _
In addition to the construction equipment operating at the site, the project construction
includes limited drilling of a hole five feet in diameter and 51 feet deep, which would
displace approximately 36 cubic yards of soil. In order to avoid significant impacts by
stock -piling or transporting this soil, fugitive dust measures shall be addressed. This
activity is subject to the regulations under SCAQMD's Rule 403 for fugitive dust control,
which includes BMP's to mitigate fugitive dust from construction sites.
Significant air quality impacts are not anticipated from the associated operational
characteristics of the project. project operations are limited to periodic maintenance two
to six times per year and would and not involve grading, trenching, or other activities that
would cause fugitive dust emissions. The digital sign copy would be changed remotely
and not require any on-site work other than maintenance. Maintenance of the proposed
sign would occur as needed. The equipment required is estimated to consist of a boom
lift and one pickup/utility truck. It would take an estimated crew conservatively of three
workers. Equipment would be brought to the site the day of installation and removed the
following day. Additional less than significant impacts can be assumed over a period of
time from repainting the sign, resulting in emissions from the evaporation of solvents
contained in paints, varnishes, primers, and other surface coatings as part of
maintenance, and from the vehicular trips associated with maintenance vehicles. Based
on the minimal operational emissions of the proposed sign, the proposed project's
operational emissions are not anticipated to exceed the SCAQMD's thresholds of
significance.
d) No Impact. Sensitive receptors include day care centers (adult & child), schools,
hospitals, churches, rehabilitation centers, and long-term care facilities (i.e. assisted
living facilities). A review of the area indicates that there are no sensitive receptors within
'/< mile of the project site. As such, no impact is anticipated.
e) No Impact. During installation of the sign and periodic maintenance, there would be
minimal emissions as described in Response No. 3(b) above. In addition, digital signs
are not known to create objectionable odors, and as such, no impact is anticipated.
Mitigation Measures:
AIR01: During construction, the applicant shall comply with all BMP's contained in
SCAQMD's Rule 403 for fugitive dust control.
IV. Biological Resources
Would the project
a) Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in X
local or regional plans, policies or
regulations, or by the California
Department of Fish and Game or U.S.
Fish and Wildlife Service?
City of Lynwood Page 26 Digital Billboard Project Initial Study
_... _ _.._
Setting
The project proposes to install a digital billboard along the southbound 1-710 corridor in the City
of Lynwood. The new digital billboard would be located west of the 1-710 and would be 35 feet
higher than the closet existing structure.
The area of disturbance includes a site that is approximately 10' by 10' adjacent to 1-710, on
private property located at 11100 Wright Road, that is developed and has been significantly
disturbed. There are no wetlands or riparian habitat in this area.
Discussion of Checklist Answers
a -f) The project site is adjacent to 1-710 in an area that has been significantly disturbed and
does not contain any protected tree species or wetlands. Due to the highly disturbed and
developed environment, there are no trees within 500 feet of the site that could provide
suitable nesting habitat for protected raptors or other bird species. Nor, is the site within
a migratory bird flyway or near any active areas for water fowl. As stated in the setting
discussion above, the project site is located within a landscaped area that has been
City of LynwoodPage 27 Digital Billboard Project Initial Study
_...
f
4
a.n a E
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
X
plans, policies or regulations or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined
by Section 404 of the Clean Water Act
(including, but not limited to, marsh,
X
vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption,
or other means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
X
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological
X
resources, such as a tree preservation
policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
X
approved local, regional, or state habitat
conservation plan?
Setting
The project proposes to install a digital billboard along the southbound 1-710 corridor in the City
of Lynwood. The new digital billboard would be located west of the 1-710 and would be 35 feet
higher than the closet existing structure.
The area of disturbance includes a site that is approximately 10' by 10' adjacent to 1-710, on
private property located at 11100 Wright Road, that is developed and has been significantly
disturbed. There are no wetlands or riparian habitat in this area.
Discussion of Checklist Answers
a -f) The project site is adjacent to 1-710 in an area that has been significantly disturbed and
does not contain any protected tree species or wetlands. Due to the highly disturbed and
developed environment, there are no trees within 500 feet of the site that could provide
suitable nesting habitat for protected raptors or other bird species. Nor, is the site within
a migratory bird flyway or near any active areas for water fowl. As stated in the setting
discussion above, the project site is located within a landscaped area that has been
City of LynwoodPage 27 Digital Billboard Project Initial Study
_...
significantly disturbed and does not contain any protected habitat or species. Based on a
review of aerial maps and a visit to the site, the project site does not contain any special -
status species. The project would require disturbing an approximately 10' x 10' area to
drill the foundation for the new digital billboard and to trench for the underground
electrical utility connection. The project site does not contain any wetlands, or conditions
that indicate the presence of wetlands or waters of the U.S. In addition, due to its
location in a highly disturbed area adjacent to a busy freeway and a large surface
parking lot the area does not provide suitable habitat for a wildlife corridor or a native
wildlife nursery. The project site is not located within an adopted habitat conservation
plan or natural community's conservation plan. Based on the discussion above, there
are no impacts to biological resources.
V. Cultural Resources
Would the project:
a) Cause a substantial adverse change in
the significance of a historic resource as
X
defined in Section 15064.5?
b) Cause a substantial adverse change in
the significance of an archaeological
X
resource pursuant to Section 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
X
geologic feature?
d) Disturb any human remains, including
those interred outside of formal
X
cemeteries?
Discussion of Checklist Answers
a) No Impact. The project site is previously disturbed, and there are no known historical
resources on the site. Any resources that may have existed on the site at one time are
likely to have been displaced or damaged and, as a result, the overall sensitivity of the
site with respect to buried resources is low. Additionally, limited excavation into soils is
expected to occur, which would further limit the potential for resources to be
encountered with implementation of the proposed project. Notwithstanding this, there is
no known event in history that occurred at the site that would qualify it for historical
preservation. Furthermore, the architecture of the existing buildings is not unique nor do
they represent an illustrative sample of a particular architectural style. Therefore, the
project will have no impact on historical resources as defined in CEQA Guidelines
Section 15064.5.
b) No Impact. The project site is previously disturbed, and there are no known
archeological resources on the site. The project will have no impact on the significance
of an archaeological resource pursuant to CEQA Guidelines Section 15064.5.
Notwithstanding this, should any be discovered on the site, the applicant is required to
City of Lynwood Page 28 Digital Billboard Project Initial Study
comply with the provisions set forth in CEQA Guidelines Section 15064.5 regarding
archaeological sites.
C) No Impact. The project site is previously disturbed, and there are no known
paleontological resources on the site. The proposed sign would not directly or indirectly
destroy a unique paleontological resource or site or unique geologic feature.
Notwithstanding this, should any be discovered on the site, the applicant is required to
comply with the provisions set forth in CEQA Guidelines Section 15064.5 regarding
paleontological sites.
d) No Impact. The project is not expected to disturb any human remains due to the site
being previously disturbed and developed. Thus, the project will not disturb any human
remains, including those interred outside of formal cemeteries. Notwithstanding this,
should any be discovered on the site, the applicant is required to comply with the
provisions set forth in CEQA Guidelines Section 15064.5 regarding human remains
sites.
VI. Geology and Soils
Would the project:
a)
Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involvin
i. Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
X
Geologist for the area or based on
other substantial evidence of a known
fault? (Refer to Division of Mines and
Geology Special Publication 42.)
ii. Strong seismic ground shaking?
X
iii. Seismic -related ground failure,
X
including liquefaction?
iv. Landslides?
X
b)
Result in substantial soil erosion or the
X
loss of topsoil?
c)
Be located in a geological unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
X
landslide, lateral spreading, subsidence,
liquefaction or collapse?
City of Lynwood Page 29 Digital Billboard Project Initial Study
__ _.
d) Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building X
Code (1994), creating substantial risks to
life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems X
where sewers are not available for the
disposal of wastewater?
Discussion of Checklist Answers
a. i) No Impact. Although the proposed project site is located in seismically active Southern
California, it is not located within an Alquist-Priolo Earthquake Fault Zone. Development
of the proposed Billboard would be subject to all applicable City, State, and local building
regulations, including the California Building Code (CBC) seismic standards as approved
by the Lynwood Building & Safety Division. No impact would occur.
a. ii) Less Than Significant Impact. The proposed Billboard would be subject to strong
seismic ground shaking, as are all projects located within Southern California.
Construction of the sign would be subject to the seismic design criteria of the 2016 CBC.
In particular, prior to issuance of building permits, a project architect or engineer shall
provide the City's Building Official with structural stability calculations that verify
proposed signs would not collapse under either regional seismic loads or high wind
conditions (up to 100 mph), and show that the project is compliant with the wind and
seismic design criteria of the 2016 CBC. The sign foundation and pylons shall be
designed to meet these design engineering requirements. Compliance with the CBC and
the City's regulatory standards would ensure impacts due to strong seismic ground
shaking would be less than significant.
a.iii) Less Than Significant Impact. Liquefaction is a phenomenon that occurs when soil
undergoes transformation from a solid state to a liquefied condition due to the effects of
increased pore -water pressure. This typically occurs where susceptible soils (particularly
the medium sand to silt range) are located over a high groundwater table. Affected soils
lose all strength during liquefaction and foundation failure can occur. According to the
Seismic Hazard Evaluation of the Anaheim 7.5 -minute quadrangle, the proposed project
site, much like the rest of the City, is located in a Zone of Required Investigation for
liquefaction. This indicates that the area has been subject to historic occurrence of
liquefaction, or local geological, geotechnical, and groundwater conditions indicate a
potential for permanent ground displacement The State Seismic Hazards Mapping Act
requires preparation of a geotechnical report prior to the approval of most new
development projects where such conditions are present. However, the Seismic Hazards
Mapping Act and the Alquist-Priolo Earthquake Fault Zoning Act define projects that are
exempt from any investigation requirements. This exemption includes structures of
Group U occupancy, which includes buildings and structures of an accessory character
and miscellaneous structures not classified in any specific occupancy. Billboards are not
City of Lynwood Page 30 Digital Billboard Project Initial Study
_... _.....
specifically mentioned in this exception, however utility and/or cell towers are included in
this classification. As such, for the purposes of this project, billboards would be
considered exempt from requiring a geotechnical report as Group U occupancy.
Because the proposed Billboard is not habitable, impacts to human health would be
minimal. Furthermore, the proposed Billboard would be subject to building permit
approval to ensure that footings are sufficient to prevent collapse of the sign. Impact
would be less than significant with implementation of existing regulations.
a.iv) No Impact. Structures built below or on slopes subject to failure or landslides may
expose people and structures to harm. The proposed site is level, and no obvious
sloping is apparent. According to the Seismic Hazard Evaluation of the 7.5 -minute
quadrangle, the proposed project site is not located in an Earthquake- Induced Landslide
Zone. There are no slopes in the vicinity of the proposed project. No impact would occur.
b) Less Than Significant Impact. Topsoil is used to cover surface areas for the
establishment and maintenance of vegetation due to its high concentrations of organic
matter and microorganisms. Little, if any, native topsoil is likely to occur since the
proposed project site is covered with a commercial use as well as associated parking
and landscaping. The proposed project site is currently paved and developed. The
parcel is underlain by fill material due to previous development; therefore, development
of the proposed Billboard would not affect native topsoil. No grading would be included
as part of development of the sign. Sign foundations would have to be dug and filled. As
such, the project has the potential to expose surficial soils to wind and water erosion
during construction activities. Wind erosion as a result of construction activities would be
minimized through soil stabilization measures required by SCAQMD Rule 403 (Fugitive
Dust), such as daily watering. Water erosion would be prevented through the City's
standard erosion control practices required pursuant to the California Building Code and
the National Pollution Discharge Elimination System (NPDES), such as silt fencing or
sandbags. Following construction of the Billboard, the parcel would remain completely
covered by paving, structures, the proposed sign, and landscaping. Impact related to soil
erosion would be less than significant with implementation of existing regulations.
c -d) Less Than Significant Impact. Impacts related to liquefaction and landslides are
discussed above in Section 4.6.a. Lateral spreading is the down slope movement of
surface sediment due to liquefaction in a subsurface layer. This down slope movement is
due to gravity and earthquake shaking combined. Such movement can occur on slope
gradients of as little as one degree. Lateral spreading typically damages pipelines,
utilities, bridges, and structures. Lateral spreading of the ground surface during a
seismic activity usually occurs along the weak shear zones within a liquefiable soil layer
and has been observed to generally take place toward a free face (i.e., retaining wall,
slope, or channel) and to lesser extent on ground surfaces with a very gentle slope.
Expansive soils are those that expand when exposed to water and contract when water
is not present. Due to the absence of any natural channel within or near the proposed
project site, the potential for lateral spreading occurring is considered negligible.
Development of the proposed billboard would be required to comply with the CBC with
regard to construction; the sign requires building permits and would be constructed to
current building code standards. These standards include consideration of geological
and seismic conditions. Soil conditions at the billboard site would be identified and
considered as part of the design process, as required by the City's Planning Manager.
Compliance with existing CBC regulations would limit hazard impacts arising from
liquefaction, landslides, lateral spreading, and unstable soils to less than significant.
City of Lynwood Page 31 Digital Billboard Project Initial Study
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e) No Impact. Development and operation of the proposed billboard would not require use
of septic tanks, as signs would not create sewage waste. No impact would occur.
VII. Greenhouse Gas Emissions
Would the project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may have X
a significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of X
reducing the emissions of greenhouse
gases?
Setting
Climate change, which involves significant changes in global climate patterns, has been
associated with an increase in the average temperature of the atmosphere near the Earth's
surface, or global warming. This warming has been attributed to an accumulation of greenhouse
gases (GHGs) in the atmosphere. These GHGs trap heat in the atmosphere, which in turn heats
the surface of the Earth. State and federal legislation has resulted in policies that define targets
for reductions in GHG emissions. Climate change research and policy efforts are primarily
concerned with GHG emissions related to human activity. In particular, California adopted the
2006 Global Warming Solutions Act (commonly referred to as AB 32), which established a
statewide emission reduction target to ensure that GHG emissions in the year 2020 are equal to
the statewide GHG emissions in 1990. The California Air Resources Board (ARB) 2008 Scoping
Plan estimated that GHG emissions in the state would have to be reduced by approximately 29
percent from business -as -usual (BAU) levels in order to meet the GHG emissions reduction
requirement. While ARB's 2008 Scoping Plan estimated that GHG emissions in the state need
to be reduced by approximately 29 percent, in 2011, the ARB updated its estimate of the GHG
emission reductions necessary to satisfy AB 32. In the 2011 Final Supplement to the AB 32
Scoping Plan, the ARB estimated that a 16 percent reduction below the estimated BALI levels is
needed to return the state's GHG emissions to 1990 levels by 2020.
Discussion of Checklist Answers
a) Less Than Significant Impact. Climate change is the distinct change in measures of
climate for a long time period. Climate change is the result of numerous, cumulative
sources of greenhouse gas emissions all over the world. Natural changes in climate can
be caused by indirect processes such as changes in the Earth's orbit around the Sun or
direct changes within the climate system itself (i.e. changes in ocean circulation). Human
activities can affect the atmosphere through emissions of greenhouse gases (GHG) and
changes to the planet's surface. Human activities that produce GHGs are the burning of
fossil fuels (coal, oil and natural gas for heating and electricity, gasoline and diesel for
City of Lynwood Page 32 Digital Billboard Project Initial Study
- -
transportation), methane from landfill wastes and raising livestock, deforestation
activities, and some agricultural practices.
Greenhouse gases differ from other emissions in that they contribute to the "greenhouse
effect." The greenhouse effect is a natural occurrence that helps regulate the
temperature of the planet. The majority of radiation from the Sun hits the Earth's surface
and warms it. The surface in turn radiates heat back towards the atmosphere, known as
infrared radiation. Gases and clouds in the atmosphere trap and prevent some of this
heat from escaping back into space and re-radiate it in all directions. This process is
essential to supporting life on Earth because it warms the planet by approximately 60°
Fahrenheit. Emissions from human activities since the beginning of the industrial
revolution (approximately 250 years ago) are adding to the natural greenhouse effect by
increasing the gases in the atmosphere that trap heat, thereby contributing to an
average increase in the Earth's temperature. Greenhouse gases occur naturally and
from human activities. Greenhouse gases produced by human activities include carbon
dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Since 1950, the U.S.
Environmental Protection Agency estimates that the concentrations of carbon dioxide,
methane, and nitrous oxide in the atmosphere have increased over 36 percent, 148
percent, and 18 percent, respectively, primarily due to human activity. Emissions of
greenhouse gases affect the atmosphere directly by changing its chemical composition
while changes to the land surface indirectly affect the atmosphere by changing the way
the Earth absorbs gases from the atmosphere.
Construction and operation of the proposed billboard would create short-term
construction-related greenhouse gas emissions. A numerical threshold for determining
the significance of greenhouse gas emissions in the South Coast Air Basin has not
officially been adopted by the SCAQMD. As an interim threshold based on guidance
provided in the CAPCOA CEQA and Climate Change white paper, a non-zero threshold
based on Approach 2 of the SCAQMD handbook would be used. Threshold 2.5 (Unit-
Based Thresholds Based on Market Capture) establishes a numerical threshold based
on capture of approximately 90 percent of emissions from future development. The latest
proposed threshold developed by SCAQMD using this method is 3,000 metric tons
carbon dioxide equivalent (MTCO2E) per year for commercial and residential projects.24
This threshold is based on the review of 711 CEQA projects.
The CEQA Guidelines require a lead agency to make a good-faith effort based, to the
extent possible, on scientific and factual data to describe, calculate, or estimate the
amount of GHG emissions resulting from a project. Operational emissions associated
with the proposed Billboard would not include GHG emissions from mobile sources
(transportation), water use and treatment, or waste disposal. Electricity use of each of
the proposed billboard faces is considered to be nominal (less than 1.0 MTCO2E
annually). It is therefore assumed that, given the limited scope of construction and
minimal operational electricity demand of the proposed billboard, greenhouse gas
emissions associated with the proposed project would not exceed SCAQMD's proposed
3,000 MTCO2E threshold therefore, impacts would be less than significant.
b) No Impact. The City has adopted the 2016 edition of the CBC, including the California
Green Building Standards Code. Construction of the proposed Billboard would be
subject to the California Green Building Standards Code. No impact would occur.
City of Lynwood Page 33 Digital Billboard Project Initial Study
VIII. Hazards and Hazardous Materials
Would the project:
City of Lynwood Page 34 Digital Billboard Project Initial Study
a) Create a significant hazard to the public
or the environment through the routine
X
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
X
conditions involving the release of
hazardous materials into the
environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
X
one-quarter mile of an existing or
school?
—proposed
d) Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code
X
Section 65962.5 and, as a result, would it
create a significant hazard to the public
or the environment?
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
X
the project result in a safety hazard for
people residing or working in the project
area?
f) For a project within the vicinity of a
private airstrip, would the project result in
X
a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically
interfere with an adopted emergency
X
response plan or emergency evacuation
Ian?
h) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including where
X
wildlands are adjacent to urbanized
areas or where residences are intermixed
with wildlands?
City of Lynwood Page 34 Digital Billboard Project Initial Study
Discussion of Checklist Answers
a) Less Than Significant Impact. The project would not involve the transport, use, or
disposal of significant amounts of hazardous materials requiring special control
measures. The small amount of paints and other substances used for maintenance of
equipment would not be substantially hazardous and would be used in accordance with
their labeling; thus, the project would have no impact on the public or the environment
through the routine transport, use, or disposal of hazardous materials. During
construction and installation of the proposed billboard, a hole would be drilled and the
excavated soil would be transported off site. Additionally, development of the proposed
billboard may include minor trenching to connect to the electrical supply. Prior to
construction activities, the sign location would be assessed for the presence of
hazardous materials, which, if present, would be handled according to existing federal,
State, and local regulations regarding hazardous materials handling and disposal. Based
on the foregoing, impact relating to hazardous materials would be less than significant.
b) Less Than Significant Impact. The proposed billboard would not utilize hazardous
materials or produce hazardous wastes. No demolition of existing structures would be
necessary that would expose persons to asbestos or other hazardous materials.
Development of the proposed billboard would also be required to comply with the City's
ordinances for construction materials, which requires diversion of at least 50 percent of
the project's demolition waste. Electronic components of the proposed billboard may
contain materials considered "e -waste' when disposed of due to potential hazardous
metals, flame -retardants, and other chemicals. The operator of the proposed Billboard
would be required to follow applicable regulations regarding proper disposal and/or
recycling, as appropriate, as components are replaced or removed over time, therefore,
there is little potential for a hazardous release that could significantly impact the public.
Impacts would be less than significant with implementation of existing regulations.
C) Less Than Significant Impact. Operation of the proposed billboard would not generate
any hazardous emissions, and storage, handling, production or disposal of acutely
hazardous materials is not required or proposed for any aspect of this project. As
discussed in Section 4.8.b, existing regulations address potential off-site construction -
related hazards associated with removal and replacement of e -waste. Impact would be
less than significant with implementation of existing regulations.
d) No Impact. The proposed project site is not listed on the State Cortese List, a
compilation of various sites throughout the State that have been compromised due to
soil or groundwater contamination from past uses. Based upon review of the Cortese
List, the parcel proposed for the billboard is not:
• listed as a hazardous waste and substance site by the Department of Toxic
Substances Control (DTSC).
• listed as a leaking underground storage tank (LUST) site by the State Water
Resources Control Board (SWRCB),
• listed as a hazardous solid waste disposal site by the SWRCB,
• currently subject to a Cease and Desist Order (CDO) or a Cleanup and
Abatement Order (CAO) as issued by the SWRCB, or
• developed within a hazardous waste facility subject to corrective action by the
DTSC.
City of Lynwood Page 35 Digital Billboard Project Initial Study
e -f) No Impact. There are no public airports or private airstrips within two miles of the
proposed project site. The nearest airport is Compton/Woodley Airport, located
approximately 3.0 miles south of the project site. Los Angeles International Airport (LAX)
is located approximately 10 miles west of the project site. The project is not located
within the Airport Land Use Plan planning area of either of these airports. No impact
would occur.
g) No Impact. Development of the proposed billboard would not substantially change
existing conditions with regard to transportation routes or evacuation plans. As there are
no residential uses associated with development of billboard, the proposed project would
not increase the population of the area. There are also no proposed new commercial
buildings associated with the proposed billboard. No public or private streets would be
closed during or following construction of the proposed Billboard, and development of
the project would have no effect upon existing opportunities for emergency
access/evacuation on the site or to any surrounding land uses. The proposed project
would not impair implementation of or physically interfere with an adopted emergency
response plan or evacuation plan. No impact would occur.
h) No Impact. There are no wildland conditions within the urbanized area that the project
would be located. No impact would occur.
IX. Hydrology and Water Quality
Would the project:
a) Violate any water quality standards or
waste discharge requirements?
X
U) Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume
or a lowering of the local groundwater
X
table level (e.g., the production rate of
pre-existing nearby wells would drop to a
level which would not support existing
land uses or planned uses for which
permits have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
X
stream or river, in a manner which would
result in substantial erosion or siltation on
or off-site?
City of Lynwood Digital Billboard Project Initial Study
Page 36 _. _
Discussion of Checklist Answers
a) Less Than Significant Impact. Operation of the proposed billboard would not involve
the use of water or generation of wastewater. Short-term surface water quality impacts
could potentially occur during construction of the sign due to construction -related
activities such as drilling the hole for the foundation and pouring concrete. Runoff of
loose soils and/or construction wastes and fuels during a rainstorm could flow into local
storm drains. Such contaminated runoff could potentially threaten downstream water
resources that receive runoff from the local drainage network. Compliance with the City's
standard stormwater runoff provisions for construction activities, such as runoff control
and other measures set forth in the Lynwood Municipal Code would ensure that the
projects do not violate any water quality standards or any waste discharge requirements
during construction. Due to the lack of significant grading, earth -moving activities, and
paving as part of the project, impact would be less than significant.
b) Less Than Significant Impact. The proposed billboard would not require water to
operate. The proposed project site is paved and provides for little infiltration of water into
underground aquifers. The site does not support any groundwater production systems,
City of LynwoodDigital Billboard Project Initial Study
_ Page 37 _....
d) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, or substantially increase
X
the rate or amount of surface runoff in a
manner which would result in flooding on -
or off-site?
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
X
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water
X
quality?
g) Place housing within a 100 -year flood
hazard area as mapped on a federal
Flood Hazard Boundary or Flood
X
Insurance Rate Map or other flood
hazard delineation map?
h) Place within a 100 -year flood hazard
area structures which would impede or
X
redirect flood flows?
i) Expose people or structures to a
significant risk of loss, injury or death
X
involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or
X
mudflow?
Discussion of Checklist Answers
a) Less Than Significant Impact. Operation of the proposed billboard would not involve
the use of water or generation of wastewater. Short-term surface water quality impacts
could potentially occur during construction of the sign due to construction -related
activities such as drilling the hole for the foundation and pouring concrete. Runoff of
loose soils and/or construction wastes and fuels during a rainstorm could flow into local
storm drains. Such contaminated runoff could potentially threaten downstream water
resources that receive runoff from the local drainage network. Compliance with the City's
standard stormwater runoff provisions for construction activities, such as runoff control
and other measures set forth in the Lynwood Municipal Code would ensure that the
projects do not violate any water quality standards or any waste discharge requirements
during construction. Due to the lack of significant grading, earth -moving activities, and
paving as part of the project, impact would be less than significant.
b) Less Than Significant Impact. The proposed billboard would not require water to
operate. The proposed project site is paved and provides for little infiltration of water into
underground aquifers. The site does not support any groundwater production systems,
City of LynwoodDigital Billboard Project Initial Study
_ Page 37 _....
and construction and operation of the proposed billboard would not interfere with the
operation of any production system. Development of the proposed billboard would not
substantially change the amount of existing impervious surface area and would not have
a substantial impact on groundwater recharge. Development of the proposed billboard
would not involve substantial excavation or trenching that would impact groundwater.
Development of the sign would include drilling a hole approximately five feet in diameter
to a depth of approximately 51 feet, depending on the location. In the event that
groundwater is encountered and dewatering activities are required, it would be short
term, as construction of the billboard would be expected to take 19 to 21 days to
complete and the foundation hole would be filled with concrete, resulting in minimal
effects to groundwater. Also, any groundwater extracted would be controlled pursuant to
City -required Best Management Practices (BMPs) pursuant to its NPDES permit. Impact
would be less than significant.
c -e) Less Than Significant Impact. There are no streams on the proposed project site, and
development of the proposed billboard would not result in the alteration of any stream
course. The proposed project site is fully developed and paved as an industrial use.
Development of the proposed billboard would not impact or alter existing drainage flows
or watercourses. At the completion of construction of the proposed billboard, the site
would continue to consist of impervious surfaces and landscaped areas, and would
therefore not be prone to substantial erosion. The proposed project would not be
considered an industrial use that produces pollutants and therefore would not result in
substantial pollutant loading such that treatment control best management practices
(BMPs) would be required to protect downstream water quality. Impact would be less
than significant.
During construction of the proposed billboard, pollutants may be created that could
impact runoff water quality. However, minimal pollutants would be created due to the
limited extent and scope of sign construction. Compliance with the City's standard
stormwater runoff provisions for construction activities (BMPs pursuant to the City's
NPDES permit) would ensure that the development of the proposed billboard does not
violate any water quality standards or any waste discharge requirements during
construction. Impact would be less than significant.
f) No Impact. The proposed billboard would not have the potential to otherwise degrade
water quality beyond those issues discussed in Section IV since the project would not
involve any water use or create runoff.
g) No Impact. The proposed project would not include the development of any housing,
therefore, no impact would occur.
h) No Impact. The proposed project site is located in a Special Flood Hazard Area, as
mapped by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate
Maps (FIRMS), and is therefore subject to inundation by the 1 % annual chance flood. As
such, the project site is subject to flooding. However, the proposed billboard, given its
small footprint, would not would impede or redirect flood flows. Therefore, no
impediment of flood flows would occur.
i) Less than Significant Impact. The proposed project site is located in a Special Flood
Hazard Area subject to inundation by the 1% annual chance flood, as shown on FEMA's
latest FIRM, indicating that the parcel is subject to flooding. However, development of
City of Lynwood Page 38 Digital Billboard Project Initial Study
-----
the proposed billboard would not expose structures or the public to flooding hazards,
either directly or due to the failure of a dam or levee, because the nature of the
development is such that injury or the loss of life would not occur in the event of flood
because the development does not include the construction of buildings or housing that
would be occupied by people. Moreover, dam inundation is not considered to be a
significant risk to development along the 1-710 corridor. Construction of the proposed
billboard would not be subject to any special design standards related to protection from
a dam failure. Impact would be less than significant.
j) No Impact. The proposed billboard would not
site's elevation and distance (nearly 12 mile:
including the project site, is not located near
that would be considered susceptible to s
washes exist in the immediate vicinity that c
project site. No impact would occur.
X. Land Use and Planning
Would the project:
be exposed to tsunami hazards due to the
1 from the Pacific Ocean. All of Lynwood,
my body of water or water storage facility
riche. No significant hills, mountains, or
ould result in mudflows onto or from the
a) Physically divide an established
X
—community?
b) Conflict with any applicable land use
plan, policy, or regulation of an agency
with jurisdiction over the project
(including, but not limited to the general
X
plan, specific plan, local coastal program,
or zoning ordinance) adopted for the
purpose of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural community
X
conservation plan?
Discussion of Checklist Answers
a) No Impact. The proposed project site currently supports commercial uses. Construction
of the proposed billboard would not physically divide the surrounding community since it
would be located on a site zoned for and supporting commercial uses. The proposed
project would have no impact on land use or circulation patterns within the community.
Therefore, no impact would occur.
b) No Impact. The proposed digital billboard would be constructed on privately -owned land
that is designated and zoned for manufacturing uses. Billboards constructed are
required to comply with Outdoor Advertising Association of America guidelines to
minimize light (see the Aesthetics section for additional detail) and applicable highway
City of Lynwood Page 39 Digital Billboard Project [nidal Study
- -. _. _ _ _
safety regulations (see the Transportation section for additional detail) to minimize
hazards. The City's Sign Ordinance permits digital billboards along in areas designated
for manufacturing development; therefore, the project would not conflict with the City's
General Plan or zoning ordinance and would result in no impact with regard to land use
plan conflicts.
C) No Impact. The proposed digital billboard would be located on privately -owned land in
an area zoned for manufacturing uses. The project site is not located within a habitat
conservation plan or a natural communities conservation plan. Therefore, there would be
no impact.
XI. Mineral Resources
Would the project:
Discussion of Checklist Answers
a, b) No impact According to the City's General Plan, no known mineral resources of value
are known to exist in the City. Therefore, no impact would occur.
XII. Noise
Would the project result in:
Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan or X
noise ordinance, or applicable standards
b) Exposure of persons to or generation of
excessive groundborne vibration or X
groundborne noise levels?
City of LynwoodDigital Billboard Project Initial Study
_..._. Page 40 _ _... __.
Discussion of Checklist Answers
a,b,d) Less Than Significant Impact. Construction activities could expose the nearby areas
to increased noise levels and/or vibration. However, this use would not be considered a
sensitive receptor. A sensitive receptor would be a residence, school, or retirement
home. There are no other potential receptors in the vicinity of the project site. Temporary
increases in noise levels would occur during construction of the digital billboard.
Construction activities would require drilling a hole for the foundation, hauling dirt from
the site, pouring the concrete foundation, and activities associated with assembly and
construction of the sign. These impacts would be temporary and are regulated by the
City's Municipal Code, Chapter 3-12 Noise Regulation that states " it shall be unlawful
for any person within a residential zone, or within a radius of five hundred feet (500')
there from, to operate equipment or perform any outside construction or repair work on
buildings, structures, or projects or to operate any pile driver, power shovel, pneumatic
hammer, derrick, power hoist, or any other construction type device between the hours
of ten o'clock (10:00) P.M. of one day and seven o'clock (7:00) A.M. of the next day in
such a manner that a reasonable person of normal sensitiveness residing in the area is
caused discomfort or annoyance unless beforehand a permit there for has been duly
obtained from the director of development services or his or her designee. Operation of
the sign would not generate any noise. Therefore, the impact associated with noise
would be considered less than significant.
C) No Impact. The proposed digital billboard would not emit any noise or sounds. Due to
the project's location adjacent to 1-710 the existing ambient noise levels are already very
elevated due to the volume of traffic. The project would not result in a substantial
permanent increase in noise levels; therefore, there would be no impact.
City of Page 41 Lynwood Digital Billboard Project Initial Study
_. _. _ __..
Al r
c) A substantial permanent increase in
ambient noise levels in the project vicinity
X
above levels existing without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in the
X
project vicinity above levels existing
without the project?
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
X
the project expose people residing or
working in the project area to excessive
noise levels?
f) For a project within the vicinity of a
private airstrip, would the project expose
X
people residing or working in the project
area to excessive noise levels?
Discussion of Checklist Answers
a,b,d) Less Than Significant Impact. Construction activities could expose the nearby areas
to increased noise levels and/or vibration. However, this use would not be considered a
sensitive receptor. A sensitive receptor would be a residence, school, or retirement
home. There are no other potential receptors in the vicinity of the project site. Temporary
increases in noise levels would occur during construction of the digital billboard.
Construction activities would require drilling a hole for the foundation, hauling dirt from
the site, pouring the concrete foundation, and activities associated with assembly and
construction of the sign. These impacts would be temporary and are regulated by the
City's Municipal Code, Chapter 3-12 Noise Regulation that states " it shall be unlawful
for any person within a residential zone, or within a radius of five hundred feet (500')
there from, to operate equipment or perform any outside construction or repair work on
buildings, structures, or projects or to operate any pile driver, power shovel, pneumatic
hammer, derrick, power hoist, or any other construction type device between the hours
of ten o'clock (10:00) P.M. of one day and seven o'clock (7:00) A.M. of the next day in
such a manner that a reasonable person of normal sensitiveness residing in the area is
caused discomfort or annoyance unless beforehand a permit there for has been duly
obtained from the director of development services or his or her designee. Operation of
the sign would not generate any noise. Therefore, the impact associated with noise
would be considered less than significant.
C) No Impact. The proposed digital billboard would not emit any noise or sounds. Due to
the project's location adjacent to 1-710 the existing ambient noise levels are already very
elevated due to the volume of traffic. The project would not result in a substantial
permanent increase in noise levels; therefore, there would be no impact.
City of Page 41 Lynwood Digital Billboard Project Initial Study
_. _. _ __..
e, f) No Impact The proposed project site is not located within an airport land use plan area
nor is it located within two miles of an airport or within the vicinity of a private airstrip The
nearest airport is Compton/Woodley Airport, located approximately 3.0 miles south of the
project site. In addition, the project does not include a new population or employees that
could be exposed to noise associated with proximity to an airstrip. Therefore, there
would be no impact.
XIII. Population and Housing
Would the project:
a) Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses) X
or indirectly (for example, through
extension of roads or other
D) uispiace suDstannai numoers or existing
housing, necessitating the construction of X
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of X
replacement housing elsewhere?
Discussion of Checklist Answers
a -c) No Impact The project involves the construction, operation and maintenance of an
electronic billboard on privately owned property. There are no residences that would be
removed to accommodate the project and the project does not include the construction
of new residences that could induce additional, unplanned growth in the City. The project
would not displace existing housing or people. Therefore, no impact to population or
housing would occur.
XIV. Public Services
Would the project result in substantial adverse physical impacts associated with the provision of
new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts,
in order to maintain acceptable service ratios, response times or other performance objectives
for any of the following public services:
k
1411
a Fireprotection? X
b) Police protection? X
City of LynwoodPage 42 Digital Billboard Project Initial Study
_. - _ _ _.
t
A 'x � J Cfr eh !tlY' Wt"'t ,h ti i(t
r�Ji Y
J + '
C
c) Schools? X
d) Parks? X
e) Other public facilities? X
Discussion of Checklist Answers
a) No Impact. No new fire stations or other capital improvements would need to be built
and no new fire personnel would need to be hired to maintain existing service ratios and
response times, as the project would not increase population or the need to service
them. No impact related to fire protection services would occur.
b) No Impact. The proposed billboard would not increase the residential population or
generate new employment, therefore, the project would not require law enforcement and
public safety services from the Los Angeles County Sheriff's Department. No new
stations or other capital improvement would be required, and no new personnel would
need to be hired to maintain existing service ratios and response times. No impact
related to police protection services would occur.
C) No Impact. The proposed billboard would not generate any employees nor house any
residents who might attend a local school. No impact would occur.
d) No Impact. The proposed billboard would not generate any employees nor house any
residents who might increase the demand for new or use of existing park or recreation
facilities. No impact would occur.
e) No Impact. No impact would occur to other public facilities such as libraries because the
proposed Billboard would not expand the residential population.
XV. Recreation
Would the project:
a) vvouia the project increase the use or
existing neighborhood and regional parks
or other recreational facilities such that X
physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which X
might have an adverse physical effect on
City of Lynwood Page 43 Digital Billboard Project Initial Study
Discussion of Checklist Answers
a) No Impact. The proposed project would not create new households that could increase
usage of local and regional parks and recreation facilities. No impact would occur.
b) No Impact. The proposed project would not include construction of any recreation
facilities and would not require construction or improvement of any off-site facilities; thus,
no impact would occur.
XVI. Transportation/Traffic
Would the project:
F...
a) Conflict with an applicable plan,
ordinance or policy establishing
measures of effectiveness for the
performance of the circulation system,
taking into account all modes of
transportation including mass transit and
X
non -motorized travel and relevant
components of the circulation system,
including but not limited to intersections,
streets, highways and freeways,
pedestrian and bicycle paths, and mass
transit?
b) Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and
travel demand measures, or other
X
standards established by the county
congestion management agency for
designated roads and highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic
X
levels or a change in location that results
in substantial safety risks?
d) Substantially increase hazards due to
design features (e.g., sharp curves or
X
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
X
f) Conflict with adopted policies, plans, or
programs regarding public transit,
bicycle, or pedestrian facilities, or
X
otherwise decrease the performance or
safety of such facilities.
City of Lynwood Page 44 Digital Billboard Project Initial Study
-._ _..-_.
Discussion of Checklist Answers
a -c, f) Less Than Significant. Construction of the digital billboard would require a few truck
trips to deliver supplies and materials and vehicle trips for construction workers. It is
anticipated to take 5 to 7 days to complete the project. For this short duration and due to
the limited number of vehicle trips the project would generate there would not be a
conflict with the City's level of service standards for traffic, nor would these activities
conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance of the circulation system. Operation of the digital
billboard would not require any daily vehicle trips. It is anticipated there would be
ongoing maintenance of the billboard, but that would require less than 10 trips on an
annual basis. Therefore, construction and operation would not result in an increase in
vehicle trips, a conflict with the City's General Plan or any ordinances, or conflict with
any public transit policies or changes in air traffic patterns that could contribute to a
safety risk. Traffic generated for construction would be minimal in both level and
duration.
d) No Impact. The project would involve construction of a digital billboard along 1-710 in the
City of Lynwood. The billboard would be visible from the freeway and is designed to
allow for periodic changes in display. The capability of digital billboards to present
changing images has raised concerns regarding the effect of such signage on traffic
safety. The primary concern has been effects on driver attention, but concerns have also
been raised regarding the potential for such signage to produce light of such intensity or
direction that it could interfere with the drivers' vision. The FHWA has addressed
signage issues in general, and digital signs in particular. As part of its agreement with
various states pursuant to the Highway Beautification Act (23 U.S.C. §131), for example,
it has confirmed that no sign is allowed that imitates or resembles any official traffic sign,
and that signs may not be installed in such a manner as to obstruct, or otherwise
physically interfere with an official traffic sign, signal, or device, or to obstruct or
physically interfere with the vision of drivers in approaching, merging or intersecting
traffic. These provisions may be enforced by the FHWA, but the agreement with the
State of California also requires Caltrans to enforce these provisions.
The FHWA agreement with California includes specific provisions regarding the
brightness of signage:
Signs shall not be placed with illumination that interferes with the effectiveness
of, or obscures any official traffic sign, device or signal; shall not include or be
illuminated by flashing, intermittent or moving lights (except that part necessary
to give public service information such as time, date, temperature, weather or
similar information), shall not cause beams or rays of light to be directed at the
traveled way if such light is of such intensity or brilliance as to cause glare or
impair the vision of any driver, or to interfere with any driver's operation of a
motor vehicle. (Agreement dated February 15, 1968)
The FHWA has responded to the development of signs that present changing
messages, either mechanically or digitally, with an interpretation of its agreements with
the states pursuant to the Highway Beautification Act. The FHWA discussed
"changeable message signs" in a Memorandum dated July 17, 1996, concluding that a
state could reasonably interpret the provisions of its agreement with the FHWA " to allow
City of Lynwood Page 45 Digital Billboard Project Initial Study
-
changeable message signs ... The frequency of message change and limitation in
spacing for these signs should be determined by the State."
On September 25, 2007, the FHWA again issued a Memorandum on the subject of off -
premises changeable electronic variable message signs, or CEVMS. The Memorandum
stated that proposed laws, regulations and procedures that allowed CEVMS subject to
acceptable criteria would not violate the prohibition on "intermittent' or "flashing" or
"moving" signs as used in the state agreements. The Memorandum identified "ranges
acceptability" relating to such signage, as follows:
• Duration of message: Duration of display is generally between 4 and 10 seconds;
8 seconds is recommended,
• Transition time: Transition between messages is generally between 1 and 4
seconds, 1 to 2 seconds is recommended,
• Brightness: The sign brightness should be adjusted to respond to changes in
light levels; Spacing: Spacing between the signs should be not less than the
minimum specified for other billboards, or greater if deemed required for safety,
• Locations: Location criteria are the same as for other signage, unless it is
determined that specific locations are inappropriate.
The Memorandum also referred to other standards that have been found helpful to
ensure driver safety. These include a default designed to freeze the display in one still
position if a malfunction occurs; a process for modifying displays and lighting levels
where directed by the State DOT (Caltrans) to assure safety of the motoring public; and
requirements that a display contain static messages without movement such as
animation, flashing, scrolling, intermittent or full -motion video. Manufacturers and
operators of digital billboards more frequently use a full -black screen in the event of a
malfunction. In addition to the provisions of the Highway Beautification Act and the
FHWA memoranda discussed above, the state of California has adopted the Outdoor
Advertising Act (Business and Professions Code §§5200 et seq.) and regulations
implementing its provisions (California Code of Regulations, Title 4, Division 6, §§2240
et seq.). These include provisions that deal specifically with "message centers," which
are defined as "...an advertising display where the message is changed more than once
every two minutes, but no more than once every four seconds." (§5216.4).
Consistent with the memoranda executed pursuant to the Highway Beautification Act,
the Outdoor Advertising Act provides that message center displays that comply with its
requirements are not considered flashing, intermittent or moving light. (§5405(d)(1)) The
requirements provide that such signs must not display messages that change more than
once every four seconds, and that no message center may be placed within 1,000 feet
of another message center display on the same side of the highway.
The California Vehicle Code regulates the brightness of billboard lighting. Vehicle Code
§21466.5, which identifies the applicable standard, may be enforced by Caltrans, the
California Highway Patrol, or local authorities. Vehicle Code §21467 provides that each
prohibited sign, signal, device or light is a public nuisance and may be removed without
notice by Caltrans, the California Highway Patrol or local authorities.
Caltrans requires that any person engaged in the outdoor advertising business must
obtain a license from Caltrans and pay the required fee. (§5300) No person may place
City of Lynwood Page 46 Digital Billboard Project Initial Study
any advertising display in areas subject to Caltrans authority without having a written
permit from Caltrans. (§5350)
These provisions of law and regulation effectively regulate sign location and brightness
to ensure that digital billboards will not be located in such a manner as to create hazards
due to lighting conditions themselves. Digital billboards are equipped with sensors that
modify the brightness of the sign in response to ambient lighting conditions, thus
ensuring that the brightness of the display in evening, nighttime or dawn conditions does
not present a traffic hazard.
As digital billboard technology has evolved, the issue has been raised as to whether
digital billboards themselves, regardless of compliance with such operating restrictions,
present a distraction to drivers and thereby create conditions that could lead to
accidents. The Federal Highway Administration has monitored the issue closely, and
recently released its report updating the agency's view of the issues and research. The
report is entitled: "The Effects of Commercial Electronic Variable Message Signs
(CEVMS) on Driver Attention and Distraction: An Update." (FHWA Report, February
2009).
The FHWA Report addressed the basic research question of whether operation of a
CEVMS along the roadway is associated with a reduction of driving safety for the public.
The report identified three fundamental methods for answering this question: (1) whether
there is an increase in crash rates in the vicinity of CEVMS, (2) whether there is an
increase in near -crashes, sudden braking, sharp swerving and other such behaviors in
the vicinity of CEVMS, and (3) whether there are excessive eye glances away from the
roadway in the vicinity of CEVMS.
The report discusses existing literature and reports of studies, key factors and measures
relating to CEVMS and effects on traffic, and recommends a study approach. The report
does not provide guidance to states on the control of CEVMS. The report confirmed that
there have been no definitive conclusions about the presence or strength of adverse
safety impacts from CEVMS. Similarly, a study performed under the National
Cooperative Highway Research Program (NCHRP), Project 20-7 (256) entitled "Safety
Impacts of the Emerging Digital Display Technology for Outdoor Advertising Signs"
(NCHRP Report) reviewed existing literature. Both reports agreed that digital billboards
should be regulated as a means of protecting the public interest.
Conducting a study to isolate attention to a digital billboard, and to measure and analyze
the effects of such attention, is difficult. Not only are roadway conditions unique for each
sign location, but there are also a variety of other factors that may contribute to driver
inattention, including other roadway signage (including official signage), and other driver
activities (such as tuning the radio, talking on the phone, smoking, talking to other
passengers, etc.).
Various restrictions have been identified in reports that relate to the location and
operation of digital billboards that seek to reduce safety concerns. These relate to
brightness, message duration and message change interval, billboard location with
regard to official traffic control devices, roadway geometry, vehicle maneuver
requirements at interchanges (i.e., lane drops, merges and diverges), and with regard to
the specific constraints that should be placed on the placement and operation of such
signs. Regulation of operations could include, for example, the time any single message
City of Lynwood Page 47 Digital Billboard Project Initial Study
may be displayed, the time of message transition, brightness of the sign and controls
that adjust brightness based on the ambient light environment, and design and
placement that ensures that the sign does not confuse drivers, or create dangerous
glare.
Restrictions on digital billboards contained within the Outdoor Advertising Act and
enforced by Caltrans regulate many of the conditions that have been identified as
relevant to traffic safety and driver distractions. Caltrans regulates the location of
proposed digital billboards through its application process, and the distance between
such signs is also regulated. California statutory provisions regulate brightness of
displays. Lease and operating agreements between the City and the project applicant
would regulate the message display time, message interval, and sign dimensions.
Through local and state law, such signage would be prohibited from displaying flashing
lights, flashing images, or moving images.
The project would be required to comply with restrictions regarding location, intensity of
light, light trespass, or other restrictions, especially those enforced by the Caltrans
pursuant to its authority under the agreements between the U.S. Department of
Transportation under the Highway Beautification Act, and the Outdoor Advertising Act.
Compliance with existing federal regulations, state law, and City requirements agreed to
as part of the lease agreement with the project applicant as discussed in the Project
Description would ensure that any hazards associated with this use and the potential
effects on traffic and driver safety would be less than significant.
e) No impact. The proposed digital billboard would be located outside travelled portions of
the roadway, and would present no obstacles to emergency access. In addition, the
digital billboard would have the capacity to display official messages regarding
emergencies, and could be used as part of the City or State's emergency response
system.
XVII. Utilities and Service Systems
Would the project:
a) Exceed wastewater treatment
requirements of the applicable Regional X
Water Quality Control Board?
b) Require or result in the construction of
new water or wastewater treatment
facilities or expansion of existing X
facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of
new storm water drainage facilities or
expansion of existing facilities, the X
construction of which could cause
significant environmental effects?
City of Lynwood Page 48 Digital Billboard Project Initial Study
f F ( •ti4
F
> y
�d t�
.1
d) Have sufficient water supplies available
to serve the project from existing
entitlements and resources, or are new
X
or expanded entitlements needed?
e) Result in a determination by the
wastewater treatment provider which
serves the project that it has adequate
capacity to serve the project's projected
X
demand in addition of the provider's
existing commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
X
—project's solid waste disposal needs?
g) Comply with federal, state, and local
statutes and regulations related to solid
X
waste?
Discussion of Checklist Answers
a -g) No Impact. The project would involve the construction, operation and maintenance of a
digital billboard on City -owned property, as well as the removal of an existing billboard.
The digital billboard would require electrical service. Power to the billboard would be
provided via a central breaker panel with a primary feed of 120/240volt 200 amp single
phase service for both faces of the billboard. The electrical connections would be UL and
IEC -approved. Providing such service through extension of existing electrical service in
the vicinity is not expected to result in any significant effects. A discussion of the amount
of energy generated by the project is included above under Greenhouse Gases. The
project does not include any buildings, employees or new residents and would not
generate any wastewater or require a supply of potable water. Construction and
operation of the digital billboard would not require other electrical service, as mentioned
above. Installation of the proposed billboard would require coordination with various
utility companies via the Underground Service Alert (USA) to prevent conflicts with
subterranean pipelines. There would be no impact on utility services.
City of Lynwood Page 49 Digital Billboard Project Initial Study
XVIII. Mandatory Findings of Significance
a) Less Than Significant. The proposed billboard would not substantially impact any
agricultural or forest resources, as discussed in Section II. The project site is located
within an urbanized area with no natural habitat. The project would not significantly
impact any sensitive plants, plant communities, fish, wildlife, or habitat for any sensitive
species as discussed in Section IV. The project would not significantly impact any
mineral resources, as discussed in Section XI. Adverse impacts to population and
housing would not occur, as shown in Section XIII. The project would not significantly
impact the administration of public resources, as discussed in Section XIV. The project
would not significantly impact recreation facilities and/or resources, as discussed in
Section XV. Adverse impacts to utilities and service systems would not occur, as
discussed in Section XVII The environmental analysis provided in Section III concludes
that impacts related to emissions of criteria pollutants and other air quality impacts would
be less than significant. Section V concludes that impacts related to cultural resources
would be less than significant. Section VI concludes that impacts related to geology and
soils would be less than significant. The project would not significantly impact the
environment with concern to the routine transport of hazardous materials, as concluded
in Section VIII. Impacts to hydrology and water quality were shown to be less than
significant in Section IX. No impacts to land use and planning would occur because of
City of Lynwood Page 50 Digital Billboard Project Initial Study
Oak&
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below selfsustaining
levels, threaten to eliminate a plant or
X
animal community, reduce the number or
restrict the range of an endangered, rare
or threatened species or eliminate
important examples of the major periods
of California history or prehistory?
b) Does the project have impacts which are
individually limited, but cumulatively
considerable? ("Cumulatively
Considerable" means that the incremental
effects of a project are considerable when
X
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects).
c) Does the project have environmental
effects which will cause substantial
X
adverse effects on human beings, either
directly or indirectly?
a) Less Than Significant. The proposed billboard would not substantially impact any
agricultural or forest resources, as discussed in Section II. The project site is located
within an urbanized area with no natural habitat. The project would not significantly
impact any sensitive plants, plant communities, fish, wildlife, or habitat for any sensitive
species as discussed in Section IV. The project would not significantly impact any
mineral resources, as discussed in Section XI. Adverse impacts to population and
housing would not occur, as shown in Section XIII. The project would not significantly
impact the administration of public resources, as discussed in Section XIV. The project
would not significantly impact recreation facilities and/or resources, as discussed in
Section XV. Adverse impacts to utilities and service systems would not occur, as
discussed in Section XVII The environmental analysis provided in Section III concludes
that impacts related to emissions of criteria pollutants and other air quality impacts would
be less than significant. Section V concludes that impacts related to cultural resources
would be less than significant. Section VI concludes that impacts related to geology and
soils would be less than significant. The project would not significantly impact the
environment with concern to the routine transport of hazardous materials, as concluded
in Section VIII. Impacts to hydrology and water quality were shown to be less than
significant in Section IX. No impacts to land use and planning would occur because of
City of Lynwood Page 50 Digital Billboard Project Initial Study
the project, as discussed in Section X. The environmental analysis provided in Section
XII concludes that impacts related to noise would be less than significant. Based on the
preceding analysis of potential impacts in the responses to items I thru XVII. ll, no
evidence is presented that this project would degrade the quality of the environment.
The City hereby finds that impacts related to aesthetics and air quality would be less
than significant with mitigation incorporation as discussed in Sections I and III.
b) Less Than Significant with Mitigation Incorporation. Cumulative impacts can result
from the interactions of environmental changes resulting from one proposed project with
changes resulting from other past, present, and future projects that affect the same
resources, utilities and infrastructure systems, public services, transportation network
elements, air basin, watershed, or other physical conditions. Such impacts could be
short term and temporary, usually consisting of overlapping construction impacts, as well
as long term, due to the permanent land use changes involved in the project. Such
impacts are expected to be less than significant for this project due to the fact that there
are no other similar projects currently proposed within the project vicinity, and the
proposed billboard would be a feature that is consistent with the character of the existing
urbanized environment.
The proposed billboard would generally result in less than significant environmental
impacts (with mitigation incorporated), as discussed herein. Short-term impacts related
to light and glare would be mitigated to less than significant levels. The proposed
billboard could have the potential for long-term cumulative impacts if more digital
billboards were to be constructed in the area in the future. Also, federal and State
guidelines would be followed concerning the frequency at which signs can be placed
along the freeway. Cumulative visual impacts would thus be avoided.
Impacts related to noise and air quality were determined to be less than significant given
the limited scale of sign construction, and therefore would not contribute substantially to
any other concurrent construction programs that may be occurring in the vicinity. Short-
term impacts related to pollutant emissions would be less than significant and would not
exceed maximum thresholds.
No other major projects are currently being planned to occur within the proposed project
vicinity. Furthermore, development of the proposed billboard would require minimal on-
site construction, which would result in less than significant impacts, as the sign
structure is fabricated primarily off site. Construction that would occur on site would be
limited to drilling a hole for the foundation, hauling away dirt and debris, and erecting the
sign structure. Construction impacts were determined to be less than significant. The
City hereby finds that the contribution of the proposed billboard to cumulative impacts
would be less than significant with mitigation incorporation, as noted in previous sections
of this Initial Study.
C) Less Than Significant with Mitigation Incorporation. Based on the analysis of the
project's impacts in the responses to items I thru XVII, there is no indication that this
project could result in substantial adverse effects on human beings. While there would
be limited temporary effects during construction related to noise and criteria pollutant
emissions, these were determined to be to less than significant. Long-term effects would
include minor changes of the visual character of the site and surrounding roadways due
to the possible future addition of signs to the area and associated changes to lighting
conditions. However, these changes are anticipated to be consistent with the existing
City of Lynwood Page 51 Digital Billboard Project Initial Study
aesthetic character and land uses of the area. Moreover, mitigation is incorporated to
reduce the level of significance related to aesthetics and traffic safety to a less than
significant level. The analysis herein concludes that direct and indirect environmental
effects can be mitigated.
City of Lynwood Page 52 Digital Billboard Project Initial Study
-
Bibliography
The following documents have been references in preparing this initial study and are
incorporated by reference. Copies of the documents are available for review with the project file.
California Building Code, as adopted by the City of Lynwood
City of Lynwood General Plan
City of Lynwood General Plan EIR.
City of Lynwood Zoning Code
South Coast Air Quality Management District. SCAQMD Air Quality Significance Thresholds.
South Coast Air Quality Management District. Rule 403 — Fugitive Dust
City of Lynwood Page 53 Digital Billboard Project Initial Study
__ -
Summary of Mitigation Measures
AES01: Lighting levels on the digital sign shall not exceed 0.3 foot candles above ambient
light from a distance of 250 feet, as measured according to standards of the Outdoor
Advertising Association of America (OAAA).
AES02: Brightness shall not exceed 800 nits (candela per square meter) from sunset to
sunrise. At all other times, brightness will not exceed 7500 nits.
AES03: Illumination shall be directed such that minimal light spill will occur on either side or
the top or bottom of the sign face.
AES04: A light sensor shall be installed with the sign to measure ambient light levels and to
adjust light intensity to respond to such conditions. The light sensor adjusts the sign's
brightness in order to compete with ambient light. The darker the surrounding
ambient light, the less bright the sign is.
AES05: The sign shall not display any moving, flashing, scrolling, fading, brightening or
animated text or video.
AES06: Signage shall be controlled remotely and include remote maintenance software.
AES07: LED lighting has a directional nature, and the projected viewing angle values for this
sign shall be t 30° vertically and t 60° horizontally. Louvers shall be located above
each row of lights to prevent light from projecting upward into the sky.
AES08: No sign shall advertise any adult or sexually oriented businesses, tobacco -related
products, or other content that contains any obscene or profane language.
AIR01: During construction, the applicant shall comply with all BMP's contained in
SCAQMD's Rule 403 for fugitive dust control.
City of Lynwood Page 54 Digital Billboard Project Initial Study
Acronyms
Air Quality Management Plan
AQMP
Carbon Dioxide
CO2
Carbon Monoxide
CO
Best Management Practices
BMP
California Air Resources Board
CARB
California Ambient Air Quality Standards
CAAQS
California Building Code
CBC
California Department of Transportation
CALTRANS
California Environmental Quality Act
CEQA
City of Lynwood General Plan
GP
Clean Water Act
CWA
Congestion Management Plan
CMP
Environmental Impact Report
EIR
Federal Highway Administration
FHWA
Final Environmental Impact Report
FEIR
Fine Particulate Matter
PM2.5
Global Warming Solutions Act
AB 32
Greenhouse gases
GHGs
Household Hazardous Wastes
HHW
Housing and Community Development
HCD
Inhalable Particulate Matter
PM10
Light Emitting Diode
LED
Los Angeles County Metropolitan Transportation Authority
METRO
Los Angles Regional Water Quality Control Board
LARWQCB
Methane
CH4
Metropolitan Water District
MWD
National Pollution Discharge Elimination System
NPDES
Nitrous Oxide
N2O
Ozone
03
Regional Water Quality Control Board
RWQCB
South Coast Air Basin
SCAB
South Coast Air Quality Management District
SCAQMD
Southern California Association of Governments
SCAG
Sulfur Dioxide
SO2
City of Lynwood Page 55 Digital Billboard Project Initial Study
MITIGATION MONITORING PROGRAM FOR THE BECKER BILLBOARD PROJECT
INTRODUCTION
The California Environmental Quality Act (CEQA) requires the adoption of feasible mitigation
measures to reduce the severity and magnitude of potentially significant environmental impacts
associated with project development. The Mitigated Negative Declaration (MND) for the
proposed Becker Billboard project includes project -specific mitigation measures to reduce the
potential environmental effects of the proposed project.
Monitoring of the implementation of adopted mitigation measures is required by Public
Resources Code Section 21081.6. This Mitigation Monitoring Program (MMP) for the proposed
project provides a list of project -specific mitigation measures, and describes the process
whereby the mitigation measures would be monitored. Following certification of the MND and
approval of this MMP by the City, the project -specific mitigation measures included in the MND
would be monitored as described in this MMP.
11JT'Ab9q
The purpose of the proposed Becker Billboard Mitigation Monitoring Program is to ensure
compliance with all mitigation measures to mitigate or avoid potentially significant adverse
environmental impacts resulting from the proposed project that were identified in the MND.
Implementation of this MMP shall be accomplished by the City of Lynwood. Project -specific
mitigation measures will be implemented (1) as part of design development of the project, (2)
during project construction, (3) as part of project operations, or (4) on an ongoing basis.
RESPONSIBILITIES AND DUTIES
In general, monitoring will consist of demonstrating that mitigation measures were implemented,
and that the responsible unit monitored the implementation of the measures. The responsible
unit for determining compliance with all mitigation measures will be the City of Lynwood
Planning Division. Monitoring will consist of determining whether
• The specific issues identified in the mitigation measures were considered in the design
development phase
• Construction contracts included the provisions specified in the mitigation measures
• The required actions specified in the mitigation measures occurred prior to or during
construction
• Ongoing administrative activities included the provisions identified in the mitigation
measures
Any concerns between monitors and construction personnel shall be addressed by the City
Project Manager. The contractor shall prepare a construction schedule subject to review and
approval by the City Planning Manager.
1
LIST OF MITIGATION MEASURES
All project -specific mitigation measures included in the MND for this project will be monitored as
described above. These measures are listed in Table MMP -1 (Becker Billboard Project
Mitigation Monitoring Program).
Table MMP -1 (Becker Billboard Project Mitigation Monitoring Program).
rAc .
AESTHETICS
AES01:
Lighting levels on the
digital sign shall not
exceed 0.3 foot
candles above
ambient light from a
Prior to
Planning
distance of 250 feet,
Becker Billboard
Planning
Construction Plan
issuance of a
Division
as measured
Small, LLC
Division
building permit.
according to
standards of the
Outdoor Advertising
Association of
America (OAAA).
AES02:
Brightness shall not
exceed 800 nits
(candela per square
Prior to
Planning
meter) from sunset to
Becker Billboard
Planning
Construction Plan
issuance of a
Division
sunrise. At all other
Small, LLC
Division
building permit,
times, brightness will
not exceed 7500 nits.
AES03:
Illumination shall be
directed such that
Prior to
Planning
minimal light spill will
Becker Billboard
Planning
Construction Plan
issuance of a
Division
occur on either side or
Small, LLC
Division
building permit.
the top or bottom of
the sign face.
AESO4:
A light sensor shall be
installed with the sign
to measure ambient
light levels and to
adjust light intensity to
respond to such
conditions. The light
Prior to
Planning
sensor adjusts the
Becker Billboard
Planning
Construction Plan
issuance of a
Division
sign's brightness in
Small, LLC
Division
building permit.
order to compete with
ambient light. The
darkerthe
surrounding ambient
light, the less bright
the sign is.
AES05:
The sign shall not
display any moving,
flashing, scrolling,
Becker Billboard
Planning
Prior to
Planning
fading, brightening or
SmallLLC
Division
Construction Plan
issuance of a
Division
animated text or
,
building permit.
video.
AES06:
Signage shall be
controlled remotely
and include remote
maintenance
software.
Becker Billboard
Small, LLC
Planning
Division
Construction Plan
Prior to
issuance of a
building permit.
Planning
Division
AES07: LED lighting
has a directional
nature, and the
projected viewing
angle values for this
sign shall be 30°
Prior to
Planning
vertically and t 60°
Becker Billboard
Planning
Construction Plan
issuance of a
Division
horizontally. Louvers
Small, LLC
Division
building permit.
shall be located
above each row of
lights to prevent light
from projecting
upward into the sky.
AES08: No sign shall
advertise any adult or
sexually oriented
businesses, tobacco-
Prior to
Planning
related products, or
Becker Billboard
Planning
Construction Plan
issuance of a
Division
other content that
Small, LLC
Division
building permit.
contains any obscene
or profane language.
AIR QUALITY
AIR01:
During construction,
the applicant shall
comply with all BMP's
Becker Billboard
Building
Prior to
Building
contained in
Small, LLC
Division
Construction Plan
issuance of a
Division
SCAQMD's Rule 403
building permit.
for fugitive dust
control.
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nd
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1.1.28” shall mean the period of time from Commencement of
?
1.1.29 “Term Commencement Date”
DEVELOPER’s Commencement of Operations; or (b) the date that is one (1) year
???
Exhibit “A” Legal Description of the Premises.
Exhibit “B” Map showing
Exhibit “C” Development Plan and Development Approvals for the Premises.
Exhibit “D” Mitigation Measures and Conditions of Approval.
Exhibit “E” Public Benefits of the Project.
Exhibit “F” Form of Annual Monitoring Re
Exhibit “G” Digital Display Sign Concept Plan.
Exhibit “H” Landscaping
Exhibit “I” Insurance Requirements
6
01
2.
2.1.
2.2.
2.3.
Premises or the Digital Display Sign (collectively referred to herein as a “Transfer”), except as
2.3.1
’s prior written consent.
undertake all of DEVELOPER’s obligations under this Agreement and under the
2.3.2
’s written consent
2.3.3
transfers to the assignee all of DEVELOPER’s (i) rights and obligations under this
2.3.4 DEVELOPER’s
then constituting the “DEVELOPER” shall be released of all obligations under this
7
01
3.
3.1. Exclusive Rights
3.2.
3.3.
.
at DEVELOPER’s opt
3.4.
adopted initiative restricting the timing of development to prevail over such parties’
agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that,
times as DEVELOPER deems appropriate within the exercise of DEVELOPER’s s
3.5.
8
01
3.6.
?
3.6.1
issued.
g
9
01
3.6.2
3.6.3
3.6.4
ises,
completed according to DEVELOPER’s timetable.
3.6.5
3.7.
10
01
3.8. DEVELOPER’s Right to Construct Public or Quasi
3.9.
3.10.
?
3.11.
?
4.
4.1.
statement substantially in the form set forth in Exhibit “F” hereto, describing DEVELOPER’s
4.2.
4.3.
other party a justification of its position on such matters. If on the basis of the parties’ review of
terms of this Agreement, then such party may issue a written “Notice of NonCompliance,”
11
01
4.4.
request by DEVELOPER, issue a Certificate of Agreement Compliance (“Certificate”) to
5. PUBLIC BENEFIT.
residents are set forth in Exhibit “E.”
6.
6.1.
,
6.2.
provided in Paragraph 10.14 below (regarding attorneys’ fees to the prevailing party), neither
shall be subject to the California Government Claims Act (Gov’t
12
01
6.3.
6.4.
6.4.1 .
referred to as “default’); provided, however,
,
including but not limited to DEVELOPER’s failure, refusal or neglect to pay to
installment of any fee or late charge in accordance with Exhibit “E” hereto, shall be grounds for
described in Exhibit “C” hereto, and
6.4.2
6.4.3
13
01
right to terminate this Agreement for DEVELOPER’s failu
.4.4 Termination Due to Expiration of DEVELOPER’s Leasehold Interest.
?
on , 20
??
described in Exhibit “C” hereto, and the
6.4.5 DEVELOPER’s Right to Terminate Upon Specified Events
VELOPER
’s
6.5.
14
01
7.
’s defense.
’s defense costs, including without
200,000
200,000
8.
manner, at DEVELOPER’s sole discretion, from encumbering the Premises or any portion thereof
15
01
DEVELOPER’s obligations under this Agreement.
perform any of DEVELOPER’s
,
’s performance
the Premises, Mortgagee shall provide the public benefits set forth in Exhibit “E” to this
9.
9.1.
16
01
9.2.
9.3.
9.4. Indemnification.
,
liabilities, and shall pay all expenses and costs, including attorneys’ fees, incurred therewith.
’s consent for any
?
9.5.
9.6.
17
01
the default of the other party, shall not constitute a waiver of such party’s right to insist and
9.7.
9.8.
, fire, war, riot or similar hostilities, strike and other labor difficulty beyond the party’s
control (including the party’s employment force), government regulation, court action (such as
the party’s control. If any such events shall occur, the term of this Agreement and the time for
9.9.
9.10.
of its power of eminent domain or DEVELOPER’s rights with
9.11.
9.12.
?
18
01
10.1.
“Term Commencement Date”), or (b) thirty (30) years plus ninety (90) days after Developer
?
?
1984
?
= 100) (the “CPIU”) for the five (5) year period ending on the last day of the most recently
Developer’s sole cost and expense), shall convert both faces of the Billbo
?
?
10.2.
10.3.
19
01
?
260
85018
ERNESTO & MARTHA PEREZ
10.4.
20
01
10.5.
10.6. Interpretation and Governing Law
10.7. Section and Paragraph Headings
.
10.8.
10.9.
10.10.
10.11.
10.12.
10.14. Attorneys’ Fees
recover its litigation costs and reasonable attorneys’ fees.
21
01
10.15. Amendments in Writing/Cooperation
by
10.16.
22
01
_________________________________
??
_____________________________________
_____________________________________
23
01
24
01
,
?
,
?
25
01
,
?
26
01
EXHIBIT “A”
\[COUNTY OF LOS ANGELES ASSESSOR’S PARCEL
’s Parcel Map Exhibit “B”)
1
01
Exhibit “A”
EXHIBIT “B”
01
1
Exhibit “B”
--
EXHIBIT “C”
01
1
Exhibit “C”
--
EXHIBIT “D”
Entity
01
1
Exhibit “D”
--
Entity
adjusts the sign’s
01
2
Exhibit “D”
--
EXHIBIT “E”
1..
a processing (“Processing Fee”) in the amount of
$8,500.00
’s discretion. In addition to the Processing Fee,
$8,500.00
Public Hearing Notice ads, shall be Developer’s responsibility to pay. The Processing Fee shall
2.
??
?
?
??
?
982
3.
“air time”
Sign for public service announcements and/or emergency broadcasts (e.g., “Amber Alerts”) and
,
“air time”
’s air time can be
?
01
1
Exhibit “E”
--
4.
tobacco, hashish, “gentlemen’s clubs,” adult entertainment
“Adult Con”, vulgar or
5.’s
ms of the Agreement (“Annual Review”).
6.
7.
8.
?
in connection with the added asset or item (The “FixedFacility Fee”). The Fixed
the amount due (the “Fixed Facility Fee Late Charge”) for
’s failure to make the Fixed Facility Fee
would
?
9.
?
?
01
2
Exhibit “E”
--
EXHIBIT “F”
______ __, 20___
Lynwood
(the “”), for a
?
_____________________, LynwoodLynwood
”), by and between the Lynwood”), and
??
(the “”).
two
constitute an “annual monitoring review
statement” under the terms of Section 4.1 of the
1.
2.
3.
4.
“air time” on the Digital Display Sign
,
01
1
Exhibit “F”
--
EXHIBIT “G”
01
1
Exhibit “G”
--
EXHIBIT “I”
Without limiting DEVELOPER’s indemnification obligations, DEVELOPER shall not
?
1.
Workers’ Compensation and Employer’s Liability Insurance
1.1
cover or insure under the applicable laws relating to workers’ compensation
“Workers’
Compensation and Insurance Act,” Division IV of the Labor Code of the State of
any Acts amendatory thereof. DEVELOPER shall provide worker’s
employer’s liability insurance with limits not less than One Million
“Insurer waives all rights of subrogation against the
ficials, employees, representatives, agents and volunteers.”
“This insurance policy shall not be suspended, voided, reduced in
cancellation, limitation or reduction of coverage.”
1.2
project/location (with the ISO CG 2503 or ISO CG 2504, or insurer’s equivalent endorsement
01
1
Exhibit “I”
--
1.3
2.
(a) “The
insured’s on
s and volunteers.”
(b) “This insurance policy shall not be suspended, voided, reduced in
limitation or reduction of coverage.”
(c) “This insurance policy is primary insurance and no insurance held
insured’s
this policy.”
(d) “Any failure to comply with reporting or other provisions of the
officers, officials, employees, agents, representatives, or volunteers.”
(e) “This insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer’s liability.”
3.
Exhibit “I”, or a certificate of the insurance, with separate endorsements (Insurance
the insurer’s representative. All policies shall contain the DEVELOPER’s name and
01
2
Exhibit “I”
--
DEVELOPER’s
?
except with respect to the limits of the insurer’s liability.
4.
,
5.
01
3
Exhibit “I”
--