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Home My Public Portal AboutOrd. 1748 ORDINANCE NO. 1748 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FOR THE APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND BULLETIN DISPLAYS, LLC FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V- SHAPED DIGITAL BILLBOARD AT 11104-11106 WRIGHT ROAD, LYNWOOD (ASSESSOR'S PARCEL NUMBER 6194-029-006) WHEREAS, the Applicant, Bulletin Displays, LLC and ("Applicant") submitted a request to allow the installation and operation of either a new, back-to-back or V-shaped digital billboard at 11104-11106 Wright Road, Lynwood, Assessor's Parcel Number 6194- 029-006 ("Subject Property"); WHEREAS, On May 10, 2022, the City Planning Commission, by Resolution No. 3444 approved the proposed 80-foot tall, either back-to-back or V-shaped digital billboard (herein referred to as the "billboard") consisting of a total billboard sign area of 1,344 square feet (14' x 48' or 672 square feet per billboard sign face). The proposed 80 feet is measured from the apex of the adjacent freeway to the top of the 14-foot sign face, WHEREAS, 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; WHEREAS, the Applicant has negotiated a Development Agreement (DA) and attached hereto as Exhibit "A". An approved Development Agreement between the City and the Applicant, Bulletin Displays, 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; WHEREAS, pursuant to the State CEQA Guidelines, a Mitigation Negative Declaration was published with State Clearing House and posted as required by state law from January 14, 2022 to February 15, 2022; WHEREAS, On May 10, 2022, the City Planning Commission, by Resolution No 3444, approved an Initial Study review and a Mitigated Negative Declaration (MND) No. 2021-46 in compliancewith the State California Environmental Quality Act (CEQA) guidelines, California Code of regulations, Title 14, Chapter 3, sections: 15063 and 15064(f)(2). The City Council adopts the findings and CEQA approval of the Planning Commission as its CEQA determination for consideration of the Development Agreement; WHEREAS, On May 10, 2022, the City Planning Commission adopted Resolution 3444 approving Site Plan Review No. 2021-46, Mitigated Negative Declaration No. 2021- 46, and the associated project's Development Agreement; WHEREAS, on May 10, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony related to the Development 1 Agreement and sufficiently considered all testimony presented to them in order to recommend approval of the DA to the City Council; WHEREAS, the Planning Commission recommends the adoption the Bulletin Displays, LLC's billboard project's Mitigated Negative Declaration No. 2021-46 and Mitigation Monitoring Program, WHEREAS, in accordance with the Lynwood Municipal Code Section 25-70-14, the Planning Commission will review and provide recommendation to City Council for Development Agreement approval consideration; and WHEREAS, the Planning Commission, upon giving the required notice did, on the loth day of May 2022, conduct a duly-advertised public hearing as prescribed by law to consider Site Plan Review No. 2021-46, Mitigated Negative Declaration No. 2021-46, and Development Agreement, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: SECTION 1. The City Council hereby finds and determines that The Development Agreement is consistent with the City General Plan and the "Manufacturing" general plan designation. The Findings of Approval associated with the Planning Commission Resolution No 3445, Site Plan Review No. 2021-46 and Mitigated Negative Declaration No. 2021-46, respectively, adopted by the Planning Commission on May1o, 2022 are adopted herein by reference as further support for approval of the Development Agreement. SECTION 2. State Law allows cities to enter into a Development Agreements with private parties. The Development Agreement is a legal and biding contract between a city and any person or entity having a legal or equitable interest in a property. The agreement provides the developer with certain vested rights to develop the property in accordance with the zoning laws and entitlements in effect on the date of the Development Agreement for a specific period of time. The DA will terminate in three (3) years if the projects is not completed. SECTION 3. The DA provides the Developer with assurance that the City will not change the terms of development during construction of the project. It also provides the City with assurance that the development will be completed in a timely manner. SECTION 4. Once a Development Agreement is approved by the Lynwood City Council, the rules of development for that property cannot change even if the zoning code or other development codes are changed. 2 SECTION 5. Based on the above recitals, the staff report accompanying this Ordinance and public comments, 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, the land use plan of the City's general plan and that the project will not adversely affect the surroundings properties. SECTION 6. The City Council of the City of Lynwood hereby approves the Development Agreement to allow the proposed 80-foot tall, either back-to-back or V- shaped digital billboard (herein referred to as the "billboard") consisting of a total billboard sign area of 1,344 square feet (14' x 48' or 672 square feet per billboard sign face). The proposed 80 feet is measured from the apex of the adjacent freeway to the top of the 14- foot sign face. The subject billboard is proposed to be supported by a single supporting post subject to the conditions per Resolutions No.3445 (Site Plan Review No. 2021-46 and Mitigated Negative Declaration No. 2021-46) SECTION 7. If any section, subsection, clause or phrase of this Ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby finds that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 8. This Ordinance shall take effect on the thirty-first (31St) day after its adoption. Section 9. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the Ordinance to be posted or published as required by law. PASSED, APPROVED AND ADOPTED this 16th day of August, 2022. Jorg nova Mayor ATTEST: Maria Quinonez E&eHnrnandez City Clerk Cager APPROVED AS TO FORM: 1 Noel Tapia City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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 meeting held on the 16th day of AUGUST, 2022. AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSENT : NONE ABSTAIN : NONE aria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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. 1748 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 161h day of AUGUST, 2022. Maria Quinonez, City Clerk 4