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HomeMy Public PortalAboutOrd. 1743 ORDINANCE NO. 1743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LAMAR CENTRAL OUTDOOR, LLC FOR A DOUBLE-SIDED DIGITAL DISPLAY BILLBOARD AT 11200 WRIGHT ROAD, LYNWOOD (ASSESSOR'S PARCEL NUMBER 6194-030-011) AND ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. 1.1 An approved Development Agreement between the City and the Applicant, Lamar Central Outdoor LLC, will offer the City the ability to extract improvements or benefits for the city that are not possible by way of a site plan review. 1.2 The Applicant, Lamar Central Outdoor, LLC and ("Applicant") submitted a request to allow the installation and operation of a new, double-sided digital display billboard located 11200 Wright Road, in the City of Lynwood (Assessor Parcel Number 6194-030-011)("Subject Property"). 1.3 The Subject Property is zoned and maintains a Lynwood General Plan Land Use designation of Manufacturing. 1.4 The proposed billboard will be a total 77 foot tall, double-faced, v-shaped, digital billboard consisting of a total sign area of 1,344 square feet(14' x 48' or 672 square feet per billboard sign face). The subject billboard is proposed to be supported by a single supporting post immediately adjacent and west of the Interstate 710 Freeway. 1.5 The use of this newer electronic billboard technology allows for image change instantaneously, with no special effects, video, flashing, or movement, limiting distraction to drivers on Interstate 710 Freeway corridor. 1.6 The Applicant has negotiated a Development Agreement(DA) and attached hereto as Exhibit "A". 1.7 Pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, `sections: 15063 of the California Environmental Quality Act (CEQA) guidelines, the project completed an Initial Study review and a Mitigated Negative Declaration (MND) completed pursuant to Section 15064(f)(2) of CEQA guidelines. 1 1.8 Pursuant to the State CEQA Guidelines, a Mitigation Negative Declaration was published with State Clearing House and posted as required by state law from December 11, 2020 to January 11, 2021. 1.9 The Planning Commission, upon giving the required notice did, on the 12th day of January, 2021, conduct a duly-advertised public hearing as prescribed by law to consider the adoption of said DA, and Mitigated Negative Declaration No. 2019-48 and Mitigation Monitoring and Reporting Program, at which time evidence, both oral and written, including a staff report were presented and received, and comments were heard from all interested parties appearing in the matter and recommended to the City Council adoption of this Ordinance. 1.10 The Lynwood City Council upon giving the required notice did, on the 9th day of September 2021, conduct a duly-advertised public hearing as prescribed by law to consider the adoption of said DA, and Mitigated Negative Declaration No. 2019-48 and Mitigation Monitoring and Reporting Program the Lamar Central Outdoor, LLC's billboard project's Mitigated Negative Declaration No. 2019-48 and Mitigation Monitoring Program; at which time evidence, both oral and written, including a staff report were presented and received, and comments where heard from all interested parties appearing in the matter. Section 2. The Lynwood City Council hereby finds and determines as follows: A. That the proposed use is consistent with the General Plan; The subject site's Manufacturing Land Use designation as specified in the City of Lynwood General Plan and reflected upon the Lynwood Municipal Code by a corresponding Manufacturing (M) zone permits off-site outdoor advertising displays by Planning Commission review and final approval by the City Council. According to the Lynwood Municipal Code, the proposed use is permitted in both the industrial (manufacturing) and commercial zone categories. The City of Lynwood General Plan's Goal LU-2 requires the City plan for a range of commercial sites that serve the needs of the community. The proposed use serves the intent of this goal as the project provides a commercial service and public information vital to the public both nearby and in the general vicinity of the subject billboard. Besides offering a commercially-based advertising and information, the billboard is required to display public service announcements that inform and make the general public aware of public safety and other information beneficial to the public. As such, based upon the above finding, the subject billboard is found to be consistent with the Lynwood General Plan. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; 2 The proposed billboard will not be materially detrimental to any adjacent uses, buildings, or structures in the immediate vicinity of the subject site due to safeguards set in-place by the conditions in Resolution No. 4319 and the project associated DA. A lighting analysis was completed by Daktronics, a third-party company, that describe the lighting levels that will emanate from the proposed billboard upon neighboring properties and passersby. The report specifically states that the billboard will result in "a light intensity of approximately 19% of a single wax candle as viewed from 1 foot away." As such, this study confirms that the proposed billboard will not adversely affect or be materially detrimental to any adjacent building or structure as required by this finding. Furthermore, the proposed billboard's will also comply with height and all development standards specified in the Lynwood Municipal Code. The proposed use is further safeguarded by the fact that the approved project will be required to complete a City Building Division plan check review and pass a series of progressive inspections to complete the construction of the project. The Building Division review will ensure compliance with all Building Division Codes. The proposed billboard structure will also be reviewed by and require approval from the Los Angeles County Fire Department to further ensure compliance with all current fire protection codes. The Applicant will be required to maintain the site free of graffiti as the Site Plan Review approval includes a condition that any graffiti placed within the control of the operator be abated within 24 hours its placement. The Applicant will also be required to ensure that the site comply with local, State of California and Federal law related to outdoor advertising displays (billboards) further contributing to the preservation of a positive community image. The recommended mitigation measures and conditions of approval adopted by the Planning Division, in conjunction with the safeguards described above, have been developed and are intended to mitigate any potential adverse impacts to the adjacent uses and ensure that all potential impacts do not result in any adverse effects or be materially detrimental to the adjacent uses, buildings, or structures. C. That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed; The subject property is sufficient in size and shape to accommodate the conditionally permitted billboard. The site upon which the billboard will be installed consists of approximately 91,871 square feet or 2.1 acres and is more than sufficient to accommodate the proposed billboard. The proposed use and placement upon the relatively large manufacturing site is oriented to the 1-710 in a manner that serve both residents and commuters within and outside the Lynwood community. 3 The subject site is well suited and appropriate for the development of the proposed billboard due to the heavy automobile traffic on along the 1-710. As such, the proposed use is compatible with the surrounding uses, supports the existing character of the area, and serves the needs of those who live, work, and visit the area. D. That the proposed use complies with all applicable development standards of the zoning district; and The subject review by Planning Commission for consideration and recommendation of a double-sided, LED ready, billboard with two (2), 672 square feet individual billboard signage displays totaling 1,344 square feet ensured compliance with all of Lynwood's applicable development standards. The proposed sign's height and length of each individual sign face is fourteen feet by forty-eight feet (14' x 48') and well within the maximum standards for this proposed use (Code limitation is 25' x 60'). The site plan review approval by the Planning Commission was analyzed and staff determined that the proposed use met all applicable development standards established by the City's zoning code and the Manufacturing land use category. The project's imposed conditions of approval will ensure that the billboard will complement the existing adjacent uses. Based upon the supporting facts, a finding is confirmed in the positive that the proposed sign complies with all applicable development standards associated with site's underlying zoning and billboard display requirements. E. That the proposed use observes the spirit and intent of this zoning code; The project proposes to develop a billboard in observance with the spirit and intent of the Zoning Code and the requirements of Lynwood Municipal Code. The proposed new billboard will be consistent and in observance with all zoning code regulations. In addition to the project complies with all code-required aspects of the municipal code, the project will also include the creation of a source of informative public information that will upgrade and improve public consistent with the goals and objectives of the Lynwood Zoning Code. As such, the proposed use will result in a project that observes the spirit and intent of the City's zoning code. Section 3. Development Agreement. State Law allows cities to enter into DAs with private parties. The DA is a legal, binding contract between a city and any person or entity having a legal or equitable interest in a property. The agreement must clearly outline conditions, terms, restrictions and requirements. The DA includes three basic deal points: the term or length of the agreement, the fees the developer has to pay to the city, and community wide benefits. Once a DA is approved by the City Council, the 4 rules of development for that property cannot change even if the zoning code or other development codes are changed. Under the DA Statute, cities have a right to enter agreements with private parties to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development. The Statute authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property providing for the development of such property and establishing certain development rights therein. DAs are often used in large, complex projects and in projects that have a long lead-time, multiple phases, or a long development period, in order to give the developer certainty in regards to the entitlements and other governmental actions. There may also be a "business deal" component to a DA, where a city may agree to undertake certain actions to help a project in return for other considerations from a developer, sometimes financial. Section 4. Development Agreement Deal Points. The most important parts of DAs are the financial and non-financial deal points that are agreed upon between the City and the Applicant. There are no established rules or policies when negotiating these deal points as each proposal is unique and should be considered on its own merits. The following provides a brief discussion of each of the deal points: 1 Term - Unless the digital display is replaced with a static display as provided in the DA, or this Agreement is earlier terminated as provided for herein, this Agreement shall continue in full force and effect for fifty years from the effective date; and, at Developer's sole option, this Agreement shall automatically renew for fifty (50) years on the fiftieth (50) anniversary of the date the Billboard becomes Operational. 2 Fees - The potential impacts of the Development on the City and surrounding community are difficult to identify and calculate. As such, the Applicant and City agree that an annual development fee paid by Applicant to City would adequately mitigate all such potential impacts. The parties therefore agree that Applicant shall pay an annual Development Fee, payable for the duration of the Term. The City would receive an upfront payment of$250,000 that would cover the first ten (10) years of the DA, which would be payable no later than seven (7) day after the Digital Display becomes operational"). In addition, the City would receive an annual fee of $25,000, which would be payable in equal monthly installments of two thousand eighty three dollars and 33/100 ($2,083.33) per month while this DA is in effect and during any extension thereof. The first monthly fee payment would be due one (1) year after the date the Digital Display becomes operational. The monthly fee would increase by $208.33 dollars per month (ten percent (10%) of the annual fee) beginning ten years after the date the Digital Display becomes operational to a total monthly payment of $2,291.66 per month during the second ten (10) years of Digital Display operation. This identical ten percent (10%) increase would again occur every ten years thereafter while this DA is in effect. 5 3. Public Benefits - The digital billboard is expected to generate the following public benefits: • City's Display Time on New Digital Billboard. To the extent that commercial advertising time on the Billboard is unsold and available, Applicant shall provide up to five percent (5%) of total advertising time, free of charge to City, for public service announcements of noncommercial city-sponsored civic events ("City Messages"). City will be responsible for appropriate artwork for the digital displays pursuant to art specifications as specified by Applicant from time-to- time. The City shall notify Developer prior to the requested display date and the display of City advertising copy is subject to the following conditions and parameters: all advertising copy must be submitted to Developer at least five (5) business days before the Developer proposed display date and will be subject to Developer's standard advertising policies, which allow Developer, in its sole discretion, to approve or disapprove copy and remove copy once posted or displayed, provided such policies are consistent with the display of public service messages as well as those restrictions described in the DA. There is no limit to the amount of City Messages requests subject to space availability. Per Section 5.1 of the Development Agreement, Annual Review, the developer will provide a description of all City Messages that have been displayed during the preceding year of the Term and a description of the duration of such displays. • Prohibited Use. Developer shall not utilize any of the displays on the new digital billboard to advertise tobacco, marijuana, hashish, "gentlemen's clubs," or other related sexually explicit or overly sexually-suggestive messages, or as may be prohibited by any City ordinance existing as of the Effective Date of the DA. In exchange for these benefits to City and the other public benefits described in the DA, the Applicant shall have a vested right to develop the Project at 11200 Wright Road in accordance with and to the full extent permitted by the DA, approved site plan, and construction documents which collectively shall control the development of the Project. Section 5. Based on the above recitals, the staff report accompanying this Ordinance and public comment, the City Council of the City of Lynwood hereby finds that pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15063 of the California Environmental Quality Act (CEQA) guidelines, an initial study was prepared to determine whether the Project may have a significant effect on the environment. Based on the initial study, it was determined that any potential significant effect on the environment will be mitigated to a level that is less than significant and therefore, a Mitigated Negative Declaration was been prepared as part of this Project's application, which was circulated in accordance with CEQA Guidelines Section 15073. As such, the City Council of the City of Lynwood hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and find it 6 adequate to assess the environmental impacts of the Project and that there is no substantial evidence that the Project will have a significant effect on the environment. This recommendation reflects the independent judgment and analysis of the City Council of the City of Lynwood. The full record is available for review in the Community Development Department. Section 6. Based on the above recitals, the staff report accompanying this Ordinance and public comment, the City Council of the City of Lynwood hereby finds the project to be consistent with the goals, policies, and objectives of the land use element, land use plan, and housing element of the City's general plan and that the proposed double sided digital display billboard will not adversely affect surrounding properties and approves the Development Agreement and the adoption of the Mitigated Negative Declaration No. 2019-48 and the Mitigation Monitoring and Reporting Program. Section 7. The City Council of the City of Lynwood hereby approves the project to allow a new 77-foot tall, double-faced, v-shaped, LED ready, digital billboard at 11200 Wright Road (Assessor's Parcel Numbers 6194-030-011) subject to the following conditions: CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1. The Project shall comply with all City of Lynwood Municipal Code, California Building Code, Los Angeles County Fire Code and applicable State of California and Federal regulations and shall comply with requirements of City of Lynwood Departments. 2. The Project shall comply with all mitigation measures contained in the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan adopted by the Planning Commission, which are incorporated herein as conditions of approval. 3. Prior to issuance of a Building Permit, the Applicant shall sign a Statement of Acceptance that states he/she has read, understands and agrees to all Conditions of this approval and that acceptance of these Conditions waives any challenge as to the validity of these Conditions. 4. Development of the Project shall substantially conform to the Project depicted on the approved Site Plan and Elevations on file stamped January 12, 2021, unless otherwise amended by these Conditions of Approval. Any subsequent modification to the Project site or billboard shall first be reported to the Community Development Department, Planning Division for review. 5. Prior to schedulinga final inspection from the Building Division, the Applicant/Property Owner shall obtain final signatures from other Departments indicating compliance with all Conditions. 7 6. Approval of this Project shall be valid for one (1) year from the date of the approval and shall become null and void and of no effect whatsoever after that date, unless otherwise specified in the project's approved development agreement (DA). 7. 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 Site Plan Review, or the activities conducted pursuant to this Site Plan Review. Accordingly, to the fullest extent permitted by law, Lamar Central Outdoor, LLC 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, arbitration 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 Site Plan Review, or the activities conducted pursuant to this Site Plan Review. Lamar Central Outdoor, LLC, 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. 8. Prior to commencement of construction activities, the Applicant shall submit for plan check and approval. Said plans shall be marked with the Project file number (Site Plan Review No. 2019-48) and shall contain Conditions of Approval printed on the plans. 9. All appeals must be brought within ten (10) business days of the date of the final action by the Planning Commission. An appeal will be scheduled for public hearing before the Lynwood City Council. Persons filing the appeal must submit an application and pay a fee of$1,385.00. 10. The Property Owner shall maintain a proactive approach to eliminate graffiti from structures, fences/walls, and accessory buildings and, on a daily basis, shall remove all graffiti within 24 hours of placement of graffiti. 11. Prior to commencement of Project excavation and construction, the Applicant shall submit evidence to Building and Safety Division that all contractors working on the Project site have a valid City of Lynwood business license. 12. Prior to issuance of a Building Permit, the Applicant shall remit the following Development Impact Fees, and any other required Fees to the City of Lynwood: • Art in Public Places Fee; 8 • Impact Fee; • Drainage Fee; • Plan Check Fee; and, • School Fee. 13. Prior to submittal of building plans for plan check, the Applicant/Property Owner shall provide proof of LA County Fire Department approval (stamped plans). 14. The subject billboard shall be operated in a manner which does not create any unacceptable noise levels in violation of the Noise Ordinance or in violation of any other provisions of the Lynwood Municipal Code, state, or federal law. Any nuisances associated with the billboard must be abated immediately upon notice by the City. 15. The landscaping on-site must be kept and maintained in good condition at all times. All landscaped areas shall utilize drought-tolerant planting material. 16. Anything which is not shown on application/plans, or which is not specifically approved, or which is not in compliance with this section, is not approved. Any application and/or plans which are defective as to, but not ,limited to, omissions, dimensions, scale, use, colors, materials, encroachments, easements, etc., shall render any entitlements granted by this section nulls and void. Construction (if any) must cease until all requirements of this section are brought into compliance. 17. All conditions of approval must be met prior to building permit final inspection. 18. This project shall comply with the Conditions of Approval of Site Plan Review No. 2019-48. 19. The property owner/operator and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manage the premises to discourage illegal, criminal, and/or nuisance activity on the subject premises and any accessory parking area which have been made available or are commonly utilized for patron parking. 20. Prior to issuance of any permits relative to this matter, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. After recordation, a certified copy bearing the Recorder's number and date shall be provided to the Planning Division of the City of Lynwood for attachment to the subject case file. 21. Tribal Cultural Resources Mitigation Measures: Prior to the commencement of any ground disturbing activity at the project site, the project Applicant shall retain a Native American Monitor approved by the Gabrieleno Band of Mission Indians-Kizh Nation the tribe that consulted on this project pursuant to Assembly Bill A52 (the "Tribe" or the "Consulting Tribe"). A copy of the executed contract shall be submitted to the 9 City of Lynwood Planning and Building Department prior to the issuance of any permit necessary to commence a ground-disturbing activity. The Tribal monitor will only be present on-site during the construction phases that involve ground-disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground-disturbing activities on the Project Site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground- disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources. Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human remains and/or grave goods are discovered or recognized at the Project Site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]). If a non-Native American resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. 22. The billboard 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 10 that allow the City or related agencies to undertake projects, programs, or other activities that improve the visual environment. This requirement shall be completed to the satisfaction of the City Council. 23. The billboard shall be placed within six hundred sixty feet (660') from the edge of the 1-710 Freeway right-of-way or 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. The project's site plan shall be revise to include the linear distance in feet and inches from the proposed billboard to the adjacent 1-710 Freeway. 24. No billboard shall be placed within five hundred feet (500') from another billboard 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. 25. 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 sign face on the proposed advertising structure. The minimum height shall be measured above the adjacent freeway grade, or if on a commercial corridor, from ground level. 26. The subject project's individual sign face is 672 square feet and a total of 1,344 square feet for both sign faces. Further, the proposed height and length of each individual sign face is fourteen feet by forty-eight feet (14' x 48'). Per Lynwood Municipal Code, no advertising structure shall have a sign face 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. 27. No billboard 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. The project shall comply with the Lighting Analysis completed by Daktronics dated December 3, 2020. 28. The illuminated advertising display associated with the billboard shall not impair the vision of travelers on any adjacent highway, including the freeway or commercial 11 corridor. Illumination shall be considered vision impairing when its brilliance exceeds the values set forth in section 21466.5 of the California Vehicle Code, or any successor statute or Caltrans regulation. The City further reserves the right to impose a more restrictive illumination standard in light of ambient lighting in the area of any billboard. 29. No billboard 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. 30. The project shall comply with State law regarding the limitation of light or glare or such other standards as adopted by the Federal Highway Beautification Act and the State's Outdoor Advertising Act. 31. The project shall not exceed 0.3 foot-candles limitation over ambient light levels and include an automatic diming capability. 32. Each billboard message shall be displayed for at least eight (8) seconds. 33. The general sign requirements set forth in the Business and Professions Code shall apply to the subject project's plans, materials utilized, design, construction, street address number(s) issued, identification and maintenance. 34. No person shall install a billboard structure without first having secured a building permit. 35. Where any standard imposed by a negotiated development agreement, lease or license differs from the general standards set forth in the Lynwood Municipal Code, the standards imposed by the development agreement, lease or license shall apply over the general standards as a matter of public interest. 36. The City Council may impose, or the Planning Commission upon City Council referral may recommend, additional conditions as are reasonably necessary to ensure the development is consistent with the general plan, compatible with surrounding land use, meets the provisions and intent of this zoning code, minimizes potential traffic hazards, and otherwise protects the public health, safety and welfare. In making such determinations, findings shall be made that the proposed use is in general accord with the principles and standards set forth in Lynwood Municipal Code section 25-130-5 or as such standards may be modified for development agreements, leases or licenses per section 25-70-14-A,12 of this section. COMMUNITY DEVELOPMENT DEPARTMENT— BUILDING & SAFETY DIVISION 37. All construction shall meet or exceed the minimum building standards that are referenced in the following: 12 •. The California Building Code - 2019 edition; • The California Plumbing Code - 2019 edition; • The California Mechanical Code - 2019 edition; • The Los Angeles County Fire Code - 2019 edition; • The National Electric Code - 2019 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. 38. Applicant/property owner must provide a copy of the permit card signed by all departments prior to scheduling a final inspection. DEPARTMENT OF PUBLIC WORKS 39. The project shall be reviewed and approved by the City of Lynwood's Public Works, Engineering Department. If you have any questions you may contact either Public Works Assistants Laura .Ochoa at (310) 603-0220 extension 810, mailto:lochoaLynwood.ca.us or Noe Martinez at (310) 603-0220 extension 833, nmartinezlynwood.ca.us. 40. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed and signed. COUNTY OF LOS ANGELES FIRE DEPARTMENT 41. Submittals to the County of Los Angeles Fire Department Fire Prevention Land Development Unit shall be submitted through EPIC - Los Angeles County. The submittal should be done by the Applicant, creating an account and opening a case. They should add the assigned City Planner as a contact so that they can log in and view the activity on the file. If the Applicant needs assistance with epicla.Iacounty.gov they can contact the Land Development Unit Clerk, Tony Le at (323) 890-4243. County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890-4125 Section 8. Severability. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Lynwood HEREBY DECLARES that it would have passed and 13 adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 10. Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Councilmembers voting for and against the Ordinance. PASSED, APPROVED AND ADOPTED this 5th day of October 2021 / / Ap Aar ay.r • ATTEST: 6)214(-dic Maria Quinonez, / rnie Hipdez, City Clerk City M. er APPROVED AS TO FORM: Noel Tapia U City Attorney 14 STATE.OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of October 2021, and passed by the following votes: AYES: COUNCIL MEMBERS FLORES, SOLACHE AND MAYOR PRO TEM CASANOVA NOES: COUNCIL MEMBER SOTO & MAYOR SANTANA ABSTAIN: NONE ABSENT: NONE Maria Quinone City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1743 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5th day of October 2021. aria Quinonez,f City Clerk 15