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HomeMy WebLinkAboutResolution No. 2024-C16RESOLUTION NO.2024-C16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE BILLBOARD RELOCATION AGREEMENT WITH BULLETIN DISPLAYS, LLC TO ALLOW FOR THE REMOVAL OF AN EXISTING OFF -PREMISE SIGN AT 106 S. AZUSA AVE AND CONSTRUCTION OF A NEW BILLBOARD AT 250 E. 1ST STREET, AZUSA, CA, AND ADOPTION OF THE RELATED MITIGATED NEGATIVE DECLARATION AND MITIGATION, MONITORING AND REPORTING PROGRAM IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, the Billboard Relocation Agreement (Exhibit A), to allow for the removal of an existing billboard at 106 S. Azusa Ave., and construction of a new billboard at 250 E. 11, St constitutes the "proposed project"; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, on January 24, 2024, the Planning Commission voted 4-0 to recommend that the City Council approve the Billboard Relocation Agreement and adopt the related Mitigated Negative Declaration/ Mitigation, Monitoring and Reporting Program; WHEREAS, the has carefully considered the staff report and all pertinent testimony offered in the case as presented at the public hearing of the City Council held on March 18, 2024. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Recitals. The recitals above are true and correct and are hereby adopted as findings, as if fully set forth herein. SECTION 2: CEQA. In accordance with Section 88.50.070 of AMC, every proposed project must be reviewed as required by the California Environmental Quality Act (CEQA) to determine whether the project is exempt from the requirements of CEQA or not a "project" as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) is required. An Initial Study was conducted for the proposed project. The Initial Study determined that the proposed project is not expected to have any significant adverse environmental impacts. The following findings can be made regarding the Mandatory Findings of Significance set forth in Section 15065 of the CEQA Guidelines based on the results of this Initial Study: • The proposed project will not have the potential to substantially 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 self-sustaining levels, threaten to eliminate a plant or animal community, substantially 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. • The proposed project will not have impacts that are individually limited, but cumulatively considerable. • The proposed project will not have environmental effects which will cause substantially adverse effects on human beings, either directly or indirectly. In addition, pursuant to Section 21081(a) of the Public Resources Code, findings must be adopted by the decision -maker coincidental to the approval of a Mitigated Negative Declaration, which relates to the Mitigation Monitoring and Reporting Program (Exhibit B). These findings shall be incorporated as part of the decision -maker's findings of fact, in response to AB-3180 and in compliance with the requirements of the Public Resources Code. In accordance with the requirements of Section 21081(a) and 21081.6 of the Public Resources Code, the City of Azusa can make the following additional findings: • A mitigation reporting or monitoring program will be required; and, • An accountable enforcement agency or monitoring agency shall be identified for the mitigation measures adopted as part of the decision -maker's final determination. A number of mitigation measures have been recommended as a means to reduce or eliminate potential adverse environmental impacts to insignificant levels. AB-3180 requires that a monitoring and reporting program be adopted for the recommended mitigation measures. MITIGATION MEASURES In addition, pursuant to Section 21081(a) of the Public Resources Code, findings must be adopted by the decision -maker coincidental to the approval of a Mitigated Negative Declaration. These findings shall be incorporated as part of the decision -maker's findings of fact, in response to AB- 3180 and in compliance with the requirements of the Public Resources Code. In accordance with the requirements of Section 21081(a) and 21081.6 of the Public Resources Code, the City of Azusa can make the following additional findings: While the City's sign ordinance (refer to Section 10.34.090.B) includes provisions that address the use of blinking lights, the following mitigation will be required to lessen the likelihood of driver distraction: Mitigation Measure No. 1 (Transportation). The Electronic Display Billboard shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The new sign would have an automatic shut-off if the sign malfunctions. The nighttime intensity shall be limited to 0.3 foot candles (over ambient levels) as measured at a height of five feet above the ground and a distance of 350 feet from the sign. The City may further restrict the intensity of any electronic display billboard. Mitigation Measure No. 2 (Transportation). The new sign shall not create light or glare effects that intrude into adjacent public rights -of -way or other properties. Mitigation Measure No. 3 (Transportation). No [electronic] sign shall have blinking or flashing lights, nor lighting that changes periodically or gives the appearance or impression of movement, nor a composition partially or wholly comprised of electronic or other lights, nor contain moving parts or give the impression of movement. Although the installation site areas have been subject to disturbance to accommodate the surrounding buildings, the installation sites are situated in an area of high archaeological significance. As a result, the following mitigation is required: Mitigation Measure No. 4 (Tribal Cultural Resources). The project Applicant will be required to obtain the services of a qualified Native American Monitor(s) during construction -related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleno Band of Mission Indians, Kizh Nation as activities that include, but are not limited to, pavement removal, pot -holing or auguring, boring, grading, excavation, and trenching, within the installation sites. The monitor(s) must be approved by the tribal representatives and will be present on -site during the construction phases that involve any ground -disturbing activities. SECTION 3: That in accordance with Section 88.38.085, the City Council hereby approves the Billboard Relocation Agreement based on the following findings: 1. The proposed agreement is consistent with the goals, objectives, purposes and provisions of the general plan, the development code and any applicable specific plans; The proposed Relocation Agreement to place a billboard on the property located at 250 E. 1st St. is consistent with the General Plan as contributes to the goal of building and maintaining a strong and diverse economy in Azusa since the sign allows for off -premise advertising for the businesses in Azusa and an attraction for other companies to locate to Azusa. Additionally, the proposed design of the billboard is a nod to the historic Azusa sign that was in the center of historic Route 66 & Azusa Ave. Lastly, the proposal complies with all applicable requirement of the development code. 2. The proposed agreement would promote installation of a billboard that is compatible with the uses and structures on the site and in the surrounding area, considering the scale and materials of adjacent buildings, the desired character of the neighborhood, district, or corridor where the billboard is located, and pedestrian orientation.; The proposed billboard is compatible with the surrounding area and will be oriented toward the freeway. The location on site is close to the southern end of the lot. Additionally, the billboard is proposed 133 feet away from the adjacent property to the east. The proposed height of 101 feet is the minimum required for freeway visibility as identified by a flagging study by the applicant. The design of the billboard is modeled to have elements of a historic City sign that was previously in downtown Azusa. 3. The proposed agreement authorizes the installation of a billboard that would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility; An initial study was conducted to determine potential environmental effects. This resulted in proposed mitigation measures that are included in the Mitigated Negative Declaration that would have to be adopted as part of the Relocation Agreement. These are as follow: Mitigation Measure No. 1(Transportation). The billboard shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The new sign would have an automatic shut-off if sign malfunctions. The nighttime intensity shall be limited to .3 foot candles (over ambient levels) as measured at the height of five feet above the ground and a distance of 3501 feet from the sign. The City may further restrict the intensity of an electronic display billboard. Mitigation No. 2 (Transportation). The new sign shall not create light or glare effects that intrude into adjacent public rights -of way or other properties. Mitigation Measure No. 3 (Transportation) No sign shall have blinking or flashing lights, nor lighting that changes periodically or gives the appearance or impression of movement, no a composition partially or wholly comprised of electronic or other lights, no contain moving parts or give impression of movement. Additionally, California Department of Transportation will require an Outdoor Advertising Display Permit from Caltrans, that has its own criteria. As such, the proposed agreement would not allow for the creation of traffic or safety problems. 4. The proposed agreement for installation would not interfere with onsite parking or landscaping required by city ordinance or permit; and The sign is proposed to be located on an existing landscaped median in the parking lot at 250 E. 1' St, thus would not interfere with onsite parking. 5. The proposed agreement does not promote construction of a billboard that would not otherwise result in a threat to the general health, safety and welfare of city residents. The proposed project is subject to mitigation measures identified in the Mitigated Negative Declaration to minimize driver distraction, as well Caltrans requirement when an Outdoor Advertising Display permit is sought by the applicant. 6. The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation. As part of the Billboard Relocation Agreement as drafted, the public and City would benefit with the following including in the draft agreement: 1. Applicant would remove the inoperable and non -compliant billboard and City sign currently at 106 S. Azusa Ave. 2. Applicant would construct a billboard with City branding. 3. Applicant would pay an annual development fee of to the City that would increase by 10 percent ever 5 years. 4. Applicant would construct a replacement sign for City at corner of Alameda Ave and Foothill Blvd. SECTION 5: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED and ADOPTED this 18`h day of March, 2024 Roberto ales Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2024-C 16 was duly adopted by the City Council of the City of Azusa, at a regular meeting of said City Council held on the 18'h day of March 2024, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Je ey ce Cornejo, J . City Clerk APPROVED AS TO FORM: Best st & Krieget LLP City Attorney