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HomeMy WebLinkAbout09-084 - Resolutions RESOLUTION NO. 09-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING A BILLBOARD RELOCATION AGREEMENT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-271-47 (9004 HYSSOP AVENUE) A. Recitals. 1. San Diego Outdoor Advertising, Inc. dba General Outdoor Advertising, a California Corporation ("Company") owns and operates legal non-conforming billboard advertising structures within the city limits of City of Rancho Cucamonga, a public body, corporate and politic ("City'); 2. The Company desires to relocate one existing Billboard with new Billboard incorporating a Changeable Message digital display; 3. The California Outdoor Advertising Act, Business and Professions Code, Section 5200, et. seq, encourages local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communications; 4. The California Outdoor Advertising Act specifically empowers local agencies to enter into relocation agreements on whatever terms are agreeable to the City and display owners and to adopt ordinances and resolutions providing relocation of displays; 5. City desires to reduce the number of Billboards within the City thereby reducing visual clutter and improving the aesthetic appearance of City; 6. City and Company now wish to enter into an Agreement to memorialize the terms and conditions upon which Company will have the right to relocate and reconstruct certain of its existing Billboards. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this City Council during the above- referenced public hearing on May 6, 2009, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. This Development and Relocation and Reconstruction Agreement does promote the goals and objectives of the Municipal Code; and b. This Development and Relocation and Reconstruction Agreement would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. Resolution No. 09-084 Page 2 of 3 3. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQK) and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. C. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the City Planner of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above,this City Council hereby recommends approval of Billboard Relocation Agreement. 6. The City Clerk shall testify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 09-084 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 6`h day of May 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None -v Donald J. Kurth, .D., yor ATTEST: nice C. Reynolds, City C16fk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 6th day of May 2009. Executed this 7th day of May 2009, at Rancho Cucamonga, California. ice C. Reynolds, City glerk