Covina City Council
June 4, 2024

1270 G arvey StreetDigitalBillboard Project -
Mitigation M onitoring and
Reporting Program
The State CEQA Guidelines, Section 15074(d), requires that a lead or responsible agency adopt a mitigation monitoring plan when approving or carrying out a project when an Initial Study/Mitigated Negative Declaration (IS/MND) identifies changes that the lead agency has required in the project or made a condition of approval to mitigate or avoid significant environmental effects. As lead agency for the 1270 Garvey Street Digital Billboard Project (Project or proposed Project), the City is responsible for adoption and implementation of the mitigation monitoring and reporting program (MMRP).

The MMRP is presented below and will be in place and effective throughout all phases of the Project. The City will be responsible for administering the MMRP and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with required measures, note any problems that may result, and take appropriate action to rectify problems.

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
Aesthetics MM-AES-1: Sign Luminance. Sign luminance measured on the sign surface perpendicular to the sign face shall not exceed 200 candelas per meter squared (or nits) after sunset, and 7,500 candelas per meter squared (or nits) between sunrise and sunset. Pursuant to state law, the sign must be equipped with a time clock and photocell to automatically adjust the sign luminance according to the time of day and ambient lighting conditions. When ambient sunlight illuminance during the daytime is less than 100 footcandles, the sign shall transition from the daytime luminance level to the nighttime luminance level. Transitions between luminance levels shall be made smoothly and at a consistent rate over the course of an extended time period (15 minutes to 20 minutes at a minimum).

Project design; Project operation
Project applicant
City of Covina Department of Community Development
MM-AES-2: Light Trespass/Illuminance. The Project shall not exceed 0.74 footcandles above ambient lighting levels at sensitive use properties (defined as properties with residential, hotel, retirement home, and/or hospital uses). The applicant may install a billboard equipped with light blocking technology, such as louvers, to direct light toward the Interstate 10 freeway and to substantially limit light emitted to adjacent areas, including nearby sensitive use properties. The light blocking technology component shall be depicted on Project plans during plan check. If the applicant installs light-blocking technology, on-going annual illuminance testing as described in MM-AES-3 shall not be required.

Project design; Project operation
Project applicant
City of Covina Department of Community Development
MM-AES-3: Testing. The Project applicant shall provide a renewable cash deposit to be used by the City of Covina to produce Lighting Testing Reports verifying luminance and illuminance. The renewable cash deposit shall be of an Upon Project installation; throughout
Project applicant, City of Covina Department of
City of Covina Department of Community Development

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
amount specified by the Community Development Department Director. Lighting Testing Reports shall be conducted upon installation of the Project, three months after installation, and annually thereafter. Illuminance can be omitted from annual testing if Light Blocking Technology is installed as described in MM-AES-2. The Lighting Testing Reports shall be prepared pursuant to the requirements defined below and shall demonstrate that the sign complies with the requirements of MM-AES-1 and MM-AES-2. If the illuminance requirement defined in MMAES-2 is not met, sign luminance shall be reduced until the sign complies. Lighting Testing Report(s) shall document the results of testing conducted by a Qualified Lighting Professional or under the direction of a Qualified Lighting Professional. The Qualified Lighting Professional shall be selected to the satisfaction of the Community Development Department Director and is defined as a Professional Engineer, Illuminating Engineering Society member, and/or other equivalent professional recognized by the state. Illuminance testing shall be conducted at the property line of nearby sensitive-use properties, which shall include residential and hotel properties in the Project vicinity. Testing locations shall be selected in coordination with, and to the satisfaction of, the Community Development Department, and testing methodology shall be in accordance with City-approved protocol.

Project operations
Community Development, Qualified Lighting Professional
MM-AES-4: Light/Glare Complaints. Complaints about light and/or glare will be investigated by the City, and if determined necessary by the Director of Community Project operation
City of Covina Department of
City of Covina Department of

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
Development, an updated Lighting Testing Report shall be produced. The Lighting Testing Report shall adhere to the requirements outlined in MM-AES-3.

Community Development
Community Development
Biological Resources MM-BIO-1: Nesting Birds. Initiation of construction activities (i.e., initial vegetation clearing) should avoid the migratory bird nesting season (February 15 through August 31), to reduce any potential significant impact to birds that may be nesting on the Project site. If construction activities must be initiated during the migratory bird-nesting season, an avian nesting survey must be conducted for protected migratory birds, raptors, and active nests. A qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone in areas that are accessible visually. The avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the Migratory Bird Treaty Act and California Fish and Game Code. If an active bird nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate no disturbance buffer, which will be determined by the biologist based on the species’ sensitivity to disturbance (typically 50 feet for common, urban-adapted species, 300 feet for other passerine species, and 500 feet for raptors and special-status species). The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or construction fencing. A qualified biologist (with the ability to stop work) shall serve as a construction monitor during those periods when construction activities will occur near Prior to construction; during construction (if active nests are identified) Contractor/ builder; qualified wildlife biologist
City of Covina Department of Community Development

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
active nest areas to ensure that no inadvertent impacts on these nests occur. Cultural Resources MM-CUL-1: Unanticipated Archaeological Finds. In the event that archaeological resources (sites, features, or artifacts) are unearthed during ground-disturbing activities associated with the proposed Project, the contractor shall cease all earth-disturbing activities within 50 feet of the discovery and shall retain a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards. The archaeologist shall evaluate the significance of the find and determine whether or not additional study is warranted. Construction activities may continue in other areas. Depending upon the significance of the find under the California Environmental Quality Act (CEQA) (14 CCR 15064.5(f); California PRC Section 21082), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, data recovery, and/or monitoring may be warranted.

Grounddisturbing construction activities
Contractor/ builder; qualified archaeologist
City of Covina Department of Community Development
MM-CUL-2: Human Remains. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found the contractor shall cease all earthdisturbing activities within no less than 100 feet of the discovery, immediately notify the County Coroner, and contact a qualified archaeologist. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined, within two working days of notification of the discovery, the appropriate treatment and disposition of the human remains. If the County Coroner determines that the remains are, or are believed to be, Native American, he or she shall notify the Native American Construction Contractor/
builder; qualified archaeologist; County Coroner
City of Covina Department of Community Development

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
Heritage Commission (NAHC) in Sacramento within 24 hours. In accordance with California Public Resources Code, Section 5097.98, the NAHC must immediately notify those persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent shall complete their inspection within 48 hours of being granted access to the site. The most likely descendent would then determine, in consultation with the property owner, the disposition of the human remains. Upon discovery, a qualified archaeologist will be retained to ensure proper implementation of the treatment agreed upon by the most likely descendant and property owner. Geology and Soils MM-GEO-1: Paleontological Monitoring. Prior to commencement of any ground disturbing activity on-site, the applicant shall retain a qualified paleontologist pursuant to the Society of Vertebrate Paleontology (SVP 2010) guidelines. The qualified paleontologist or a qualified paleontological monitor shall attend the preconstruction meeting and be on-site during rough grading, trenching, large diameter drilling (greater than 2 feet in diameter), and other significant ground-disturbing activities below a depth of five feet below the ground surface in previously undisturbed Holocene or older alluvial deposits. The qualified paleontologist shall determine the amount of monitoring necessary based on observed subsurface geology and project grading plans. Pursuant to the SVP (2010) guidelines, if abundant plant debris, invertebrate shells, small bones or teeth, or fine-grained sediments conducive to fossil preservation are observed, sediment samples shall be collected and screened to determine the presence of microvertebrate remains.

Prior to and during grounddisturbing construction activities Project applicant;
qualified paleontologist
City of Covina Department of Community Development

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50-foot radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find. Paleontological specimens recovered from the Project site, if any, will be processed in the laboratory. Processing will include removal of any matrix so that the fossil(s) can be identified to the lowest possible taxonomic level. The specimen(s) will then be identified and cataloged into a paleontological database and accessioned into an accredited fossil repository such as the Natural History Museum of Los Angeles County. Any fossil lab or curation costs (if necessary due to fossil recovery) are the responsibility of the Project proponent. Following the paleontological monitoring program, a final monitoring report shall be submitted to the Project proponent and City of Covina for review and approval. The report shall summarize the monitoring program and include geological observations and any paleontological resources recovered during paleontological monitoring for the proposed Project. Hazards and Hazardous Materials MM-HAZ-1: Surface Soil Evaluation. Prior to Project construction, the Project applicant shall retain a qualified hazardous materials professional to collect at least three surface soils samples from the proposed area of ground disturbance. (The qualified hazardous materials professional shall be trained in Hazardous Waste Operations and Emergency Response (HAZWOPER) and shall have one or more of the following qualifications: Professional Geologist Prior to and during construction
Project applicant; contractor/ builder; qualified hazardous City of Covina Department of Community Development

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
(PG), Professional Engineer (PE), and/or a bachelor’s or advanced degree in environmental, geological, or soil sciences with knowledge of soil contamination issues.) The samples shall be analyzed for total lead using U.S. Environmental Protection Agency Test Method 6010B and soluble lead using the California Waste Extraction Test or the Soluble Threshold Limit Concentration. Should concentrations of lead exceed either a total lead concentration of 80 milligrams per kilogram (mg/kg) or a soluble lead concentration of 5 milligrams per liter (mg/L), either by determining the 95% upper confidence level or the maximum detected concentration, appropriate handling procedures shall be implemented during Project construction, as follows:
 If soils are found to have lead concentrations
exceeding 5 mg/L, on-site soils shall be characterized as hazardous waste and shall be handled in accordance with 22 CCR Division 4.5, Environmental Health Standards for the Handling of Hazardous Wastes. This would include, but is not limited to, creating a U.S. Environmental Protection Agency Identification number for hazardous waste generation, manifesting hazardously classified materials, transporting hazardously classified materials using a licensed hazardous waste transporter under manifest procedures, and disposing of wastes at a licensed hazardous waste facility.  If soils are found to have total lead concentrations
above 80 mg/kg but soluble lead concentrations of less than 5 mg/L, on-site soils shall be removed and disposed of at a licensed solid waste landfill that allows for the disposal of non-hazardous leadimpacted soils. Such soils shall be handled and transported in accordance with applicable
materials professional

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
transportation, handling, and disposal regulations on
a federal, state, and local level.
 Should concentrations of lead be less than the
aforementioned thresholds, soils are not considered hazardous and can be reused on site or disposed of at a landfill that accepts soils.

Noise MM-NOI-1: Construction Hours. Construction activities shall take place during the permitted times and days per Chapter 9.40.110 of the City’s Municipal Code. The applicant shall ensure that construction activities are limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and shall not occur during other hours or on Sundays or public holidays. This condition shall be listed on the Project’s final design to the satisfaction of the City Engineering Department.

Construction Project
applicant; contractor/ builder
City of Covina Department of Community Development
MM-NOI-2: Construction Noise Reduction. The City of Covina shall require the applicant to adhere to the following measures as a condition of approving the grading permit:
 The Project contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment so as to minimize noise levels resulting from operating several pieces of high noise level emitting equipment.  All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by random field inspections by applicant personnel during construction activities, to the satisfaction of the City Engineering Department.  Construction noise reduction methods such as
shutting off idling equipment, construction of a
Construction Project
applicant; contractor/ builder; City Engineering Department City of Covina Department of Community Development

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
temporary noise barrier, maximizing the distance
between construction equipment staging areas and adjacent residences, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible.  During construction, stationary construction
equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors.  Construction hours, allowable workdays, and the
phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent if necessary. In the event the City receives a complaint, appropriate corrective actions shall be implemented and a report of the action provided to the reporting party.

Tribal Cultural Resources MM-TCR-1: Retain a Native American Monitor Prior to Commencement of Ground Disturbing Activities.  The Project applicant/lead agency shall retain a
Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project at all Project locations (i.e., both on-site and any off-site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

Prior to and during construction
Project applicant; consulting Native American Tribe and Native American Tribal monitor City of Covina Department of Community Development

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
 A copy of the executed monitoring agreement shall
be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.  The monitor will complete daily monitoring logs that
will provide descriptions of the relevant grounddisturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered tribal cultural resources (TCRs), including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/lead agency upon written request to the Tribe.  On-site tribal monitoring shall conclude upon the
latter of the following (1) written confirmation to the Kizh from a designated point of contact for the Project applicant/lead agency that all grounddisturbing activities and phases that may involve ground-disturbing activities on the Project site or in connection with the Project are complete; or (2) a determination and written notification by the Kizh to the Project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs.

MM-TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial). Upon Construction Contractor/
builder; Native
City of Covina Department of

Mitigation Monitoring and Reporting Program
Mitigation Measure
Mitigation Monitoring Verification of Compliance Implementing Period Implementing Party
Enforcing Agency Comments Date Initials
discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.

American Tribal monitor
Community Development
MM-TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects.  Native American human remains are defined in PRC
5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.  If Native American human remains and/or grave
goods are discovered or recognized on the Project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.  Human remains and grave/burial goods shall be
treated alike per California Public Resources Code section 5097.98(d)(1) and (2).  Preservation in place (i.e., avoidance) is the
preferred manner of treatment for discovered human remains and/or burial goods.  Any discovery of human remains/burial goods shall
be kept confidential to prevent further disturbance.

Construction Contractor/
builder; County Coroner
City of Covina Department of Community Development

ATTACHMENT 6
ORDINANCE 24-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT ZCA 22-6
AMENDING CHAPTER 17.56 (OVERLAY ZONE (OUTDOOR

ADVERTISING STRUCTURES)) OF THE COVINA MUNICIPAL CODE

TO EXTEND THE S OVERLAY TO PROPERTIES WITH C-P ZONING

ADJACENT TO FREEWAY RIGHT OF WAY, ESTABLISH

ADVERTISING DISPLAYS ADJACENT TO LANDSCAPE FREEWAYS

AS A CONDITIONALLY PERMITTED USE, AND ESTABLISH
REQUIREMENTS FOR SUCH ADVERTISING DISPLAYS; APPROVING
ZONING CHANGE (ZCH) 24-1 AMENDING THE ZONING MAP TO
ESTABLISH AN S OVERLAY AT 1270 E GARVEY STREET (APN 8447- 031-052); AND MAKING FINDINGS UNDER CEQA
WHEREAS, in 1964 the City established the S overlay which provides development standards for Outdoor Advertising Structures under Covina Municipal Code (CMC) Section 17.56; and
WHEREAS, Bulleting Displays, LLC c/o Mark Kudler, the applicant, has applied for several entitlements to permit the construction of a freeway billboard sign. The applicant proposes to develop a v-shape digital freeway billboard with two faces each approximately 672 square feet in area and with the overall height of sign measuring 83 feet and other associated site improvements, within the PCD/C-P – Planned Community Development /Commercial Zone (Administrative and Professional Office) on a 1.64-acre site, located at 1270 E Garvey Street – APN – 8447-031-052 – referred to herein as the “Project”; and WHEREAS, the Project requires the following land use entitlements:

1. Zoning Code Amendment (ZCA) 22-6 – to a) allow properties with C-P zoning adjacent to freeway right of way to establish an S overlay, b) establish advertising displays adjacent to landscape freeways as a conditionally permitted use and c) provide specific sign criteria for these types of signs.

2. Zone Change (ZCH) 24-01- to establish an S overlay at 1270 E Garvey Street.

3. Planned Community Development Modification (PCDM) 22-4 – to allow advertising displays adjacent to landscape freeways to be added to the list of permitted signs in Phase I areas of the Village Oaks Park adjacent to freeway right of ways and will reference Section 17.56 for specific sign criteria.

4. Conditional Use Permit (CUP) 22-10 and Site Plan Review (SPR) 22-227, to allow the construction of an “Outdoor Advertising Structure (Freeway Billboard)” at 1270 E Garvey Street zoned PCD/C-P - Planned Community Development / Commercial Zone (Administrative and Professional Office (APN 8447-031-052).

5. Development Agreement (DA), between Bulletin Displays, LLC. and the City of Covina.

Ordinance 24-04 Page 2 of 5
WHEREAS, as part of its consideration of the Project, the City prepared Draft Mitigated Negative Declaration (“MND”) (SCH 2024020529) on the Project pursuant to the California Environmental Quality Action (Public Resources Code Sections 21000 et seq., “CEQA”), the Guideline for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000 et seq., the “State MND Guidelines”); and WHEREAS, pursuant to CMC Chapter 17.80, the Planning Commission held a duly noticed public hearing on April 23, 2024, on the proposed Project including the proposed ZCA 22- 6 and ZCH 24-01 and provided a recommendation to the City Council; and WHEREAS, the City Council, after published notice, held a public hearing on ________ concerning the proposed Project, and has considered the reports and documents presented by City staff, the Planning Commission’s recommendation, and the written and oral comments presented at the public hearing; and
WHEREAS, on June 04, 2024, the City Council of the City of Covina held a noticed public hearing to review the Project pursuant to the California Environmental Quality Act, Cal. Pub. Res.

Code § 21000 et seq. ("CEQA"), and the State CEQA Guidelines, 14 C. C.R. 15000 et seq. and considered the reports and documents presented by City staff, the Planning Commission' s recommendation, and the written and oral comments presented at the public hearing; and WHEREAS, upon the close of the public hearing, the City Council adopted Resolution No. _______, adopting the Final MND (SCH 2024020529), adopting a Mitigation Monitoring and Reporting Program for the Project. Resolution No. _______ and the findings therein are hereby incorporated by this reference as though set forth in full; and WHEREAS, on June 04, 2024 the City Council of the City of Covina considered the proposed Project including Planned Community Development Modification (PCDM) 22-4, this Zoning Code Amendment (ZCA) 22-6, this Zone Change (ZCH) 24-01, Conditional Use Permit (CUP) 22-10, Site Plan Review (SPR) 22-227, and a Development Agreement. and Final IS/MND, and Mitigation Monitoring and Reporting Program at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Final MND, and the Mitigation Monitoring and Reporting Program, prior to and at the public hearing; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA DOES ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are all true and correct and incorporated herein by this reference.

SECTION 2. The City Council has reviewed and considered the information included in the General Plan, Zoning Code and Staff Report for the Public Hearing and public testimony prior to taking action on this Ordinance. This information is on file and available at the Community Development Department at Covina City Hall.

Ordinance 24-04 Page 3 of 5
SECTION 3. CEQA. The environmental effects of the proposed zoning code and zoning map amendments were analyzed in the Final MND. The City Council reviewed the Final MND and found that it reflects the independent judgment of the City Council and its staff, and is an adequate and extensive assessment of the environmental impacts of the zoning code and zoning map amendments. The City Council approved the Final MND as having been prepared in compliance with the requirements of the California Environmental Quality Act ("CEQA"), made the necessary findings, and adopted a Mitigation Monitoring and Reporting Program through Resolution CC 2024-XX. Said Resolution is incorporated herein by this reference as though set forth in full. The City Council incorporates by this reference the findings and mitigation measures contained in the Final MND, and Mitigation Monitoring and Reporting Program as to the environmental effects of the zoning code and zoning map amendments.

SECTION 4. Section 17.56.030 (Overlay restricted to certain zones) of Chapter 17.56 (Overlay Zone (Outdoor Advertising Structures)) of Title 17 (Zoning) of the Covina Municipal Code is hereby amended to read as follows:
“S zones shall be overlaid only upon the following zones as the same are defined in this title: M-1 zones and C-P zones directly adjacent to freeway right of way.” SECTION 5. Section 17.56.040 (Use limitations) of Chapter 17.56 (Overlay Zone (Outdoor Advertising Structures)) of Title 17 (Zoning) of the Covina Municipal Code is hereby amended to add a new paragraph G to read as follows:
“G. Advertising displays adjacent to landscaped freeways shall be subject to Section

17.56.050.”
SECTION 6. Section 17.56.050 (Advertising displays adjacent to landscaped freeways) is hereby deleted in its entirety and replaced with a new Section 17.56.050 Advertising displays adjacent to landscaped freeways to read as follows:
“Notwithstanding any other provisions to this code regarding outdoor advertising structures adjacent to a landscaped freeway, the following provisions apply:

A. Outdoor advertising structures adjacent to a landscaped freeway shall comply with the following provisions:

1. Any outdoor advertising structure adjacent to a landscaped freeway shall comply with Caltrans requirements.

2. In addition to required Caltrans provisions, any outdoor advertising structure adjacent to a landscaped freeway shall be required to have an accompanying Development Agreement approved by the Covina City Council.

3. Any outdoor advertising structure adjacent to a landscaped freeway shall be required to obtain a Conditional Use Permit that complies with Section 17.62.

4. Development Standards. In addition to the provisions of this chapter, any outdoor advertising structure adjacent to a landscaped freeway shall conform to the following development standards:
a. Height: Not to exceed 85 feet as measured from the finished grade of the outdoor advertising structure to the highest element of the outdoor advertising structure.

Ordinance 24-04 Page 4 of 5
b. Size of advertising panel shall be no larger than 700 square feet in area. c. Outdoor Advertising Structure Display Panel(s). An outdoor advertising structure may be single sided or “double-sided” so the face of the advertising panel is designed to be primarily visible to freeway vehicular traffic. A maximum of two (2) advertising panels per outdoor advertising structure is allowed.

B. Outdoor Advertising Structure Display Panel Disposition. An outdoor advertising structure display panel may be either digital or static.

C. A lighting study will be required, reviewed and approved by the Planning Department.

SECTION 7. Zoning Change (ZCH) 24-1 is hereby approved and the zoning map is amended to establish an S overlay at 1270 E Garvey Street (APN 8447-031-052).

SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 9. Effective Date. This Ordinance shall take affect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law.

SECTION 10. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

PASSED, APPROVED and ADOPTED this ___ day of ______, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Ordinance 24-04 Page 5 of 5
APPROVED AS TO FORM:

____________________________________
CANDICE K. LEE, City Attorney

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 24-04 was introduced for first reading at a regular meeting on the ___ day of _____, 2024.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the ___ day of _______, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

ATTACHMENT 7
ORDINANCE 24-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, AMENDING THE VILLAGE OAKS OFFICE PARK

PLANNED COMMUNITY DEVELOPMENT (PCD) DISTRICT OVERLAY
ZONE CONSISTING OF PHASE I (PCD 75-001) TO MODIFYING THE

SIGN CRITERIA OF THE DESIGN GUIDELINES FOR PHASE I AND

MAKE CERTAIN FINDINGS UNDER CEQA
WHEREAS, On May 5, 1975 the City approved PCD 75-001 establishing a PCD zone classification know as Village Oaks Office Park Phase I, Phase II and Phase III; and WHEREAS, On April 16, 1991 the City approved Ordinance 91-1725 amending the sign criteria of the design guidelines in the Village Oaks Office Park; and WHEREAS, Bulleting Displays, LLC c/o Mark Kudler, the applicant, has applied for several entitlements to permit the construction of a freeway billboard sign. The applicant proposes to develop a v-shape digital freeway billboard with two faces each approximately 672 square feet in area and with the overall height of sign measuring 83 feet and other associated site improvements, within the PCD/C-P – Planned Community Development /Commercial Zone (Administrative and Professional Office) on a 1.64-acre site, located at 1270 E Garvey Street – APN – 8447-031-052 – referred to herein as the “Project”; and WHEREAS, Planned Community Development Modification (PCDM) 22-4 proposes amend PCD 75-001 modifying the existing sign criteria for Phase I of the Village Oaks Park Office Park to include advertising displays adjacent to landscape freeways; and WHEREAS, CMC Section 17.80.020 provides that the Planning Commission may initiate proceedings by motion and then hold public hearings and make a recommendation on proposed Zoning Code text amendments as provided in CMC Sections 17.80.030 through 17.80.050; and WHEREAS, CMC Section 17.80.030 provides that the City' s Planning Department shall study the proposed amendment and shall provide information necessary to assure action consistent with the intent of Title 17 (Zoning) of the CMC and the City of Covina General Plan; and WHEREAS, CMC Section 17.80.040 provides that after the Planning Commission initiates proceedings by motion, the Community Development Director shall give notice of a public hearing in accordance with Sections 17. 80.040.B. and C.; and WHEREAS, CMC Section 17.80.050 provides that the Planning Commission shall hold a public hearing on the date and at the time and place specified in the notice; and WHEREAS, on April 23, 2024, during a duly noticed public hearing, the Planning Commission adopted Resolution 2024-003 PC, recommending to the City Council the adoption of this Ordinance 24-05 approving PCDM 22-4 and certifying the Mitigated Negative Declaration and the amendments herein; and

Ordinance 24-05 Page 2 of 4
WHEREAS, on June 4, 2024 the City Council held a duly noticed public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed amendments, and at which time the City Council considered the Mitigated Negative Declaration and all associated applications listed in Section 4 of this Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are all true and correct.

SECTION 2. The City Council has reviewed and considered the information included in the General Plan, Zoning Code and Staff Report for the Public Hearing and public testimony prior to taking action on this Ordinance. This information is on file and available at the Community Development Department at Covina City Hall.

SECTION 3. The City Council finds that the proposed Ordinance amends portions of the Covina Municipal Code is in substantial compliance with State law and is consistent with the following goals and policies of the General Plan and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

1. That the site for the proposed use is adequate in size and shape to accommodate the use;
Facts: The project proposes to construct a sign with surrounding landscaping. The Project proposes no physical changes to the existing building. All existing parking is to remain. Therefore, this criterion has been met.

2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
Facts: The site is within an established area characterized by commercial/office uses that conform well to surrounding neighborhood infrastructure and support services with access to major streets, freeway systems, and retail services. The proposed project does impact quantity and kind of traffic generated by the use and its surrounding environment. Therefore, this criterion has been met.

3. That the proposed use is not detrimental to the surrounding properties or uses permitted in the general area;
Facts: The existing site is surrounded by commercial sites to the north and west.

Interstate 10 is located directly south of the project site and a park is located to the east.

The construction of a new freeway billboard sign is compatible with the surrounding uses. Sensitive receptors have been identified and mitigation measures will be implemented to ensure light trespass from the Project does not exceed 0.74 foot-candles above ambient lighting at light-sensitive properties. Consequently, the Project is not anticipated to produce light or glare such that daytime or nighttime views would be adversely affected. No video, flashing, or motion would be displayed, pursuant to state

Ordinance 24-05 Page 3 of 4
law. In conclusion, the proposed use will have no adverse effects on the abutting properties or the permitted use. Therefore, this criterion has been met.

4. That the conditions stated in the decision are deemed necessary to protect the health, safety and general welfare;
Facts: The Development Review Committee, comprised of Building & Safety, Environmental Services, Los Angeles County Fire, Covina Police Department, Planning and Engineering, were provided an opportunity to review and comment on the project application. In addition, the proposed use has been conditioned to ensure that no potential issues would arise during operations. The staff’s comments confirm that the proposed use would operate in a manner that would be consistent with the Covina Municipal Code and would not negatively affect the public health, safety, and general welfare of the community. Therefore, this criterion has been met.

SECTION 4. CEQA. The environmental effects of the proposed Planned Community Development Modification were analyzed in the Final MND. The City Council reviewed the Final MND and found that it reflects the independent judgment of the City Council and its staff, and is an adequate and extensive assessment of the environmental impacts of the zoning code and zoning map amendments. The City Council approved the Final MND as having been prepared in compliance with the requirements of the California Environmental Quality Act ("CEQA"), made the necessary findings, and adopted a Mitigation Monitoring and Reporting Program through Resolution CC 2024-28. Said Resolution is incorporated herein by this reference as though set forth in full. The City Council incorporates by this reference the findings and mitigation measures contained in the Final MND, and Mitigation Monitoring and Reporting Program as to the environmental effects of the zoning code and zoning map amendments.

SECTION 5. Section A.2. of the Village Oaks Office Park sign criteria shall be amended as follows:

The commercial building on the south side of Garvey Streets hall be subject to the Covina Design Guidelines and the Municipal Code sign regulations of the C-2 zone except for outdoor advertising displays adjacent to landscaped freeways which are subject to Chapter 17.56 of the Covina Municipal Code.

SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 7. This Ordinance shall take affect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law.

Ordinance 24-05 Page 4 of 4
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.

PASSED, APPROVED and ADOPTED this ___ day of ______, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:

____________________________________
CANDICE K. LEE, City Attorney

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 24-04 was introduced for first reading at a regular meeting on the ___ day of _____, 2024.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the ___ day of _______, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

ATTACHMENT 8
RESOLUTION CC 2024-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, CITY OF COVINA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) 22-10 AND SITE PLAN REVIEW (SPR) 22-227 TO ALLOW FOR THE CONSTRUCTION OF

ADVERTISING DISPLAY ADJACENT TO LANDSCAPE FREEWAY
(FREEWAY BILLBOARD) WITHIN THE (PCD/C-P) PLANNED

COMMUNITY DEVELOPMENTS/COMMERCIAL ZONE
(ADMINISTRATIVE AND PROFESSIONAL OFFICE) DISTRICT,
LOCATED AT 1270 E. GARVEY STREET (APN: 8447-031-052) AND

MAKING FINDINGS UNDER CEQA
WHEREAS, Bulleting Displays, LLC c/o Mark Kudler, the applicant, has applied for several entitlements to permit the construction of a freeway billboard sign. The applicant proposes to develop a v-shape digital freeway billboard with two faces each approximately 672 square feet in area and with the overall height of sign measuring 83 feet and other associated site improvements, within the PCD/C-P – Planned Community Development /Commercial Zone (Administrative and Professional Office) on a 1.64-acre site, located at 1270 E Garvey Street – APN – 8447-031-052 – referred to herein as the “Project”; and WHEREAS, as part of its consideration of the Project, the City prepared Draft Mitigated Negative Declaration (“MND”) (SCH 2024020529) on the Project pursuant to the California Environmental Quality Action (Public Resources Code Sections 21000 et seq., “CEQA”), the Guideline for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000 et seq., the “State MND Guidelines”); and WHEREAS, on April 23, 2024, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project, and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed project, Draft IS/MND and the Mitigation Monitoring and Reporting Program; and WHEREAS, on June 04, 2024, the City Council held a duly noticed public hearing and considered the proposed Project and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed project. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed project, the City Council closed the public hearing on that same date; and WHEREAS, upon the close of the public hearing, the City Council adopted Resolution CC 2024-28, adopting the Final MND (SCH 2024020529), adopting a Mitigation Monitoring and Reporting Program for the Project. Resolution CC 2024-28 and the findings therein are hereby incorporated by this reference as though set forth in full; and WHEREAS, all legal prerequisites prior to adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Resolution CC 2024-29 Page 2 of 5
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.

SECTION 2. CEQA. The environmental effects of the proposed project were analyzed in the Final MND. The City Council reviewed the Final MND and found that it reflects the independent judgment of the City Council and its staff, and is an adequate and extensive assessment of the environmental impacts of the development authorized by the CUP and SPR. The City Council approved the Final MND as having been prepared in compliance with the requirements of the California Environmental Quality Act ("CEQA"), made the necessary findings, and adopted a Mitigation Monitoring and Reporting Program through Resolution CC 2024-28. The City Council incorporates by this reference the findings and mitigation measures contained in the Final MND, and Mitigation Monitoring and Reporting Program as to the environmental effects of the project, inclusive of the development authorized by the CUP and SPR.

Those actions apply equally to this approval and are incorporated herein by this reference.

SECTION 3. Based upon the entire record made available at the May XX, XXXX City Council meeting, the staff report, the oral presentation, and related documents submitted to the City Council prior to and at the meeting, the City Council does hereby find and determines as follows:

Findings for Conditional Use Permit (CMC Section 17.62.120)

1. The site for the proposed is adequate in size and shape to accommodate the use and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required by this title to adjust the use of land and uses in the neighborhood.

Facts: The project proposes to construct a sign with surrounding landscaping. The Project proposes no physical changes to the existing building. All existing parking is to remain.

Therefore, this criterion has been met.

2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

Facts: The site is within an established area characterized by commercial/office uses that conform well to surrounding neighborhood infrastructure and support services with access to major streets, freeway systems, and retail services. The proposed project does impact quantity and kind of traffic generated by the use and its surrounding environment. Therefore, this criterion has been met.

3. The proposed use will have no adverse effects on the abutting properties or the permitted use thereof.

Facts: The existing space is surrounded by commercial sites to the north and west. Interstate 10 is located directly south of the project site and a park is located to the east. The construction of a new freeway billboard sign is compatible with the surrounding uses. Sensitive receptors have been identified and mitigation measures will be implemented to ensure light trespass from the Project does not exceed 0.74 footcandles above ambient lighting at light-sensitive

Resolution CC 2024-29 Page 3 of 5
properties. Consequently, the Project is not anticipated to produce light or glare such that daytime or nighttime views would be adversely affected. No video, flashing, or motion would be displayed, pursuant to state law. In conclusion, the proposed use will have no adverse effects on the abutting properties or the permitted use. Therefore, this criterion has been met.

4. That the conditions stated in the decisions are deemed necessary to protect public health, safety, and general welfare. Such conditions include regulations of use, regulation of signs, requiring maintenance of grounds, regulations of noise, vibrations, odors, etc., regulation of time for certain activities, duration of use, and any such other conditions as will make possible the developments of the city in an orderly and efficient manner and conformity with the intent and purposes set forth in Title 17 of the Municipal Code.

Facts: The Development Review Committee, comprised of Building & Safety, Environmental Services, Los Angeles County Fire, Covina Police Department, Planning and Engineering, were provided an opportunity to review and comment on the project application. In addition, the proposed use has been conditioned to ensure that no potential issues would arise during operations. The staff’s comments confirm that the proposed use would operate in a manner that would be consistent with the Covina Municipal Code and would not negatively affect the public health, safety, and general welfare of the community. Therefore, this criterion has been met.

Findings for Site Plan Review (CMC Section 17.64.070)

1. The design elements are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect to surrounding properties: buildings, structures and improvements; vehicular ingress, egress and internal circulation; setbacks; building height; location of service; walls; and landscaping.

Facts: The proposed project proposes to construct a sign with surrounding landscaping. There are no proposed physical changes to the existing building. All existing parking is to remain.

The Project will not create an increase in traffic and the billboard would require minimal maintenance. Access to the site will not change and will not be impacted by the Project. The Project will require the removal of 1 to 2 existing eucalyptus trees along the southern portion of the Project site, and some of the existing trees to remain may require trimming. The trees that would be removed would be replaced with new vegetation. It complies with the Covina Municipal Code, Planned Community Development, Covina General Plan, and Covina Design Guidelines. Therefore, this criterion has been met. Therefore, this criterion has been met.

2. The project design conforms to the Covina General Plan, the design guidelines, transportation demand management regulations, and any specific plans or guidelines applicable to the project.

Facts: The Project complies with all applicable regulations as described in the staff report.

The Freeway Billboard has the opportunity to attract new business and shoppers consisted with General Plan Land Use Objective 2, section 3 Policies: “Maintain its variety of functional commercial office, retail and service businesses, and whenever possible seek to expand the

Resolution CC 2024-29 Page 4 of 5
amount and mix of businesses to attract more shoppers/customers/patrons and to increase sales tax”. Therefore, this criterion has been met.

3. The project design is harmonious, consistent, and complete within itself and functionally and visually compatible with neighboring structures and the area in which it is located.

Facts: The project proposes to construct a sign with surrounding landscaping. No physical changes to the existing building are proposed. All existing parking is to remain. The proposed sign will be confined to conformance with development standards consistent with the character, appearance, and features of the surrounding sites. Therefore, this criterion has been met.

4. The development will constitute an adequate environment for the intended use by sustaining the desirability and stability of the neighborhood and community; Facts: The surrounding neighborhood and community constitutes an adequate environment for a freeway sign. The proposed project is designed and in conformance local and state laws as well as consistent with the character, appearance, and features of a sign and its surrounding neighborhood. Therefore, this criterion has been met.

5. Proposed lighting is so arranged as to reflect lighting away from adjoining properties:

Facts: Th freeway billboard would be illuminated and in operation 24 hours per day, 7 days per week. The lighting levels and digital content, would be in accordance with all federal, state, and local laws, as well as with established industry standards. Brightness levels would be automatically adjusted based on ambient light conditions (e.g., nighttime versus daytime).

Sensitive receptors have been identified and mitigation measures will be implemented to ensure light trespass from the Project does not exceed 0.74 footcandles above ambient lighting at light-sensitive properties. Consequently, the Project is not anticipated to produce light or glare such that daytime or nighttime views would be adversely affected. No video, flashing, or motion would be displayed, pursuant to state law. The digital freeway billboard would be designed and constructed in accordance with an Outdoor Advertising Display Permit from the California Department of Transportation (Caltrans), which ensures compliance with the Outdoor Advertising Act. Therefore, this criterion has been met.

6. Proposed signs will not by size, location, color or lighting, interfere with traffic or limit visibility, Utility and street improvements pursuant to CMC Sections 17.64.140 and

17.64.150.

Facts: The digital freeway billboard would be designed and constructed in accordance with an Outdoor Advertising Display Permit from the California Department of Transportation (Caltrans), which ensures compliance with the Outdoor Advertising Act compliance and with the City of Covina’s Municipal Code and with PCD 75-001. The Project is not anticipated to produce light or glare such that daytime or nighttime views would be adversely affected. No video, flashing, or motion would be displayed, pursuant to state law. Therefore, this criterion has been met.

Resolution CC 2024-29 Page 5 of 5
SECTION 4. The documents and materials that constitute the record of proceedings on which these findings and this Resolution are based are located at the City Clerk’s Office located at 125 E. College Street, Covina, CA 91723. The custodian of these records is the City Clerk.

SECTION 5. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Conditional Use Permit (CUP) 22-10 and Site Plan Review (SPR) 22-227 with the following conditions of approval attached and reference herein as Exhibit “A” in this Resolution.

SECTION 6. Operative Date. This Resolution shall not be operative until the effective date of Ordinances 24-04, 24-05, and 24-06.

SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 4th day of June, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-29 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________
FABIAN VELEZ, Chief Deputy City Clerk

EXHIBIT ‘A’

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (CUP) 22-10 AND
SITE PLAN REVIEW (SPR) 22-227
1270 E GARVEY STREET

ALL OF THE FOLLOWING CONDITIONS APPLY TO THE PROJECT
TIME LIMITS:

CONDITIONAL USE PERMIT (CUP) 22-10 AND SITE PLAN REVIEW (SPR) 22-227:

Approval of this application will expire two years from the date of City Council approval if building permits are not issued unless otherwise extended pursuant to applicable laws. The applicant may apply to extend the expiration date pursuant to CMC Chapter 16.64.090 upon written request to the Director of Community Development a minimum of thirty (30) days prior to expiration. The request must be approved by the Planning Commission prior to expiration of the approved CUP AND SPR.

GENERAL REQUIREMENTS:

1. This approval is for the construction a freeway billboard digital sign at 1270 E Garvey Street.

2. This approval will not be effective for any purposes until the Applicant has filed with the Planning Division an affidavit stating that it is aware of and agrees to accept all of the conditions of this approval as set forth herein and within 10 days from the date of this approval.

3. Applicant shall, at its own expense and with counsel selected by City, fully defend, indemnify and hold harmless City, its officials, officers, employees, and agents (“Indemnified Parties”), from and against any and all claims, suits, causes of action, fines, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including attorneys’ fees, ("Liabilities"), arising in any way out of City’s approval of the Applications or the Project. Applicant’s indemnification obligation shall include, but not be limited to, actions to attack, set aside, void, or annul the City’s approval of the Applications, and Liabilities premised on, related to or invoking CEQA, including those arising out of City’s decisions related to the Project’s CEQA documents. City shall promptly notify Applicant of any such claim, action or proceeding, and shall cooperate fully in the defense of such claim, action, or proceeding.

Applicant’s indemnification obligations shall not be limited to the amount of insurance coverage that may be available to Applicant, and shall not otherwise be restricted or confined by the presence or absence of any policy of insurance held by City or Applicant.

4. Applicant's obligations, as set forth above, shall survive the completion or abandonment of the Project or the issuance of a certificate of occupancy with respect thereto.

However, Applicant’s obligations after the issuance of a certificate of compliance for

the Project shall be limited to indemnifying and defending the Indemnified Parties from legal challenges filed to set aside any part of the Project or its related components. The provisions of this condition are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Further, all obligations and Liabilities under this Condition are to be paid by the Applicant as they are incurred. Applicant's obligations to indemnify under this Condition shall include the obligation of the Applicant to defend City with legal counsel of City's own choosing.

5. The Project Site and all improvements thereon, including landscaping, must be maintained in a sound, healthy, and attractive condition reasonably free of weeds, visible deterioration, graffiti, debris and/or other conditions that violate the Covina Municipal Code.

6. The costs and expenses of any code enforcement activities, including, but not limited to, attorneys' fees, caused by applicant's violation of any condition or mitigation measure imposed hereunder or any provision of the Covina Municipal Code must be paid by the applicant.

7. This Resolution shall not be operative unless and until the effective date of Ordinance Numbers _____, _____, _____.

SITE DEVELOPMENT

1. The Project Site shall be developed and maintained in accordance the approved plans on file with the Community Development Department, all representations of record made by the Applicant(s), the conditions contained herein, the Covina Municipal Code, Planned Community Development (PCD) 75-001 and Covina Design Guidelines.

2. Final plans incorporating all conditions of approval and any plan-related changes required in the approval process shall be submitted for the Director or his designee for review and approval, prior to submittal for Plan Check process.

3. Copies of the signed City Council Approval Resolution and Director’s approval letter shall be included on the plans (full size) for submittal of plan check. The full-size sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.

4. All site, grading, landscape, and irrigation plans shall be coordinated for consistency, prior to issuance of any building permits.

5. All ground mounted utility appurtenances such as transformers, shall be adequately screened using a combination of concrete or masonry walls, and or landscaping to the reasonable satisfaction of the Director or his/her designee.

6. During construction and following Project completion, all grading and all exterior drainage on the Project Site shall conform to all applicable requirements of the Public Works Department.

7. All site improvements along with landscaping and irrigation must be installed in accordance with approved plans and information on file with the Planning, Building, and Engineering Divisions, and the irrigation systems must be fully operational upon issuance of certificates of occupancy for production units. Furthermore, during construction, all onsite landscaped areas must be maintained reasonably free of weeds and debris.

8. The Project Site must be clean and reasonably free of trash and construction debris, and all construction equipment must be removed from the Project Site prior to issuance of the last certificate of occupancy for the production units.

CONSTRUCTION MITIGATION/MANAGEMENT PLAN

1. All construction must comply with the below-noted construction mitigation plan and the City Noise Ordinance.

2. The Applicant shall prepare a construction mitigation plan to mitigate noise as well as other construction-related impacts. This construction mitigation plan is in addition to the public noticing program for residential construction projects required by the City’s Building and Safety Division. The construction-related activities shall conform to the following requirements that address potential noise and other construction-related impacts:

3. The construction mitigation plan shall address the following areas: 1) site supervision, 2) construction access and schedule, 3) delivery/haul route and traffic control, 4) material storage and staging, 5) construction parking, 6) work hours, 7) noise reduction, 8) erosion control, 9) dust and mud control, 10) debris cleanup, 11) street sweeping, 12) pedestrian and neighborhood safety, 13) Project contact-related signage, and 14) subcontractor education and security measures.

4. Construction-related activities, including grading activities, shall be prohibited between 6:00 pm and 7:00 am on Monday through Friday and between 5:00 pm and 8:00 am on Saturday and all day on Sundays and Holidays (except by special permit).

5. All construction equipment shall be in proper operating condition and shall be fitted with standard factory noise attenuation features. All equipment shall further be properly maintained to help assure that no additional significant noise, due to worn or improperly maintained parts, would be generated.

6. The Applicant and/or his/her representative(s) shall frequently monitor for and, if detected, remove any and all graffiti on and/or repair damaged or vandalized construction-related fencing and/or related elements as quickly as feasible.

7. Loud noise generating activities such as crushing concrete pavement will be restricted to 7:00 am – 6:00 pm on Monday through Friday. Signs (multiple) shall be posted on site stating the days and hours of construction allowed, prohibiting “drinking, loitering and music” at all times, and including phone listings for community concerns.

8. View-obscuring construction fencing shall be provided around the entire Project Site.

Construction entries shall have gates with view-obscuring material.

9. Comply with SWPPP. Provide contact information for Qualified Storm Water Practitioner (QSP) and Qualified Storm Water Developer (QSD).

10. At least thirty days prior to the commencement of any Project-related grading, the Applicant and/or his/her representative(s) shall notify the occupants of all residential and institutional properties that lie within 500 feet of the Project Site of the general parameters of the impending grading and construction activities.

11. The approved construction mitigation/management plan shall be distributed to all contractors and subcontractors, and shall be maintained on-site through the duration of construction.

PUBLIC WORKS - ENGINEERING DIVISION

1. All public and private improvements (exterior streets, interior streets, drainage facilities, medians, landscaped areas, etc.) shown on the plans shall be constructed to City Standards.

2. The applicant shall submit a Soils and Geologic Report to the satisfaction of the City Engineer.

3. Prior to the issuance of a Grading Permit, the applicant shall submit a temporary erosion control plan to the satisfaction of the City Engineer. The erosion control shall be installed and operable at all times.

5. Improvement Plans and Construction:
a. The applicant shall obtain a public works permit for all work in or adjacent to the public right-of-way (ROW). All work within the public ROW shall be in accordance with applicable standards of the City of Covina, i.e. Standard Specifications for Public Works Construction (Green Book), and the Work Area Traffic Control Handbook (WATCH), and further that construction equipment ingress and egress be controlled by a plan approved by the City Engineer.
b. Pavement striping, marking, traffic signing, street name signing, shall be installed to the satisfaction of the City Engineer.
c. Access ramps for the disabled shall be installed on all corners of intersections per City Standards or as directed by the City Engineer or his/her designee in accordance with applicable federal, state and local laws and regulation and City’s Subdivision Ordinance (CMC Chapter 16).
d. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. e. Due to construction, the Applicant shall be responsible for any repairs within the limits of the Project Site development, including streets and paving, curbs and gutters, sidewalks, and street lights, as determined by the City Engineer.

PUBLIC WORKS – ENVIRONMENTAL SERVICES DIVISION

1. C&D – 75% of construction and demolition debris must be recycled. Forms and a security deposit will be required.

BUILDING AND SAFETY DIVISION

1. Submit 4 sets of complete plans including any proposed utilities and earthwork/grading.

The Project must comply with the 2022 California Building Code and Standards. (see handouts for min submittal requirements for construction plan check)

2. Two sets each of any structural and energy calculations shall be submitted with the abovementioned plans. All calculations must bear an original signature from the documented author.

Demolition activities require an asbestos containing materials (ACM) survey. (SCAQMD RULE 1403). The ACM report shall be prepared by an accredited testing laboratory in accordance with applicable SCAQMD rules and regulations. Proof of notification to the South Coast Air Quality Management District (SCAQMD), Office of Operations, shall be submitted to the Building Division with the relevant permit application for all demolition activities. Contact the SCAQMD at the address or number below for more information. Once any demolition activity has adhered to the applicable notification requirements to the SCAQMD, a formal demolition plan and permit must be obtained from the Building and Safety Division. SCAQMD Headquarters; 21865 Copley Drive, Diamond Bar, CA, (909) 396-2381
LOS ANGELES COUNTY FIRE DEPARTMENT – FIRE PREVENTION DIVISION

1. Project must comply with all LACFD requirements.
- END OF CONDITIONS –

ATTACHMENT 9
ORDINANCE 24-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COVINA, CALIFORNIA, APPROVING AND ADOPTING A

DEVELOPMENT AGREEMENT (DA), BETWEEN THE CITY OF
COVINA AND BULLETING DISPLAYS, LLC;” RELATED TO A

PROPOSED ADVERTISING DISPLAY ADJACENT TO LANDSCAPE
FREEWAY (FREEWAY BILLBOARD) LOCATED AT 1270 E.

GARVEY STREET (APN: 8447-031-052)

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the Development Agreement Statute) which authorizes cities to enter into agreements for the development of real property in order to establish certain development rights in such property; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements; and
WHEREAS, Bulleting Displays, LLC c/o Mark Kudler, the applicant, has applied for several entitlements to permit the construction of a freeway billboard sign. The applicant proposes to develop a v-shape digital freeway billboard with two faces each approximately 672 square feet in area and with the overall height of sign measuring 83 feet and other associated site improvements, within the PCD/C-P – Planned Community Development /Commercial Zone (Administrative and Professional Office) on a 1.64-acre site, located at 1270 E Garvey Street – APN – 8447-031-052 – referred to herein as the “Project”; and WHEREAS, the Project requires the following land use entitlements:

1. Zoning Code Amendment (ZCA) 22-6 – to a) allow properties with C-P zoning adjacent to freeway right of way to establish an S overlay, b) establish advertising displays adjacent to landscape freeways as a conditionally permitted use and c) provide specific sign criteria for these types of signs.

2. Zone Change (ZCH) 24-01- to establish an S overlay at 1270 E Garvey Street.

3. Planned Community Development Modification (PCDM) 22-4 – to allow advertising displays adjacent to landscape freeways to be added to the list of permitted signs in Phase I areas of the Village Oaks Park adjacent to freeway right of ways and will reference Section 17.56 for specific sign criteria.

4. Conditional Use Permit (CUP) 22-10 and Site Plan Review (SPR) 22-227, to allow the construction of an “Outdoor Advertising Structure (Freeway Billboard)” at 1270 E Garvey Street zoned PCD/C-P - Planned Community Development/Commercial Zone (Administrative and Professional Office (APN 8447-031-052).

5. Development Agreement (DA), between Bulletin Displays, LLC. and the City of Covina.

Ordinance 24-06 Page 2 of 5
WHEREAS, a copy of the proposed Development Agreement is attached hereto and incorporated herein as Exhibit “A” to this Ordinance; and WHEREAS, as part of its consideration of the Project, the City prepared Draft Mitigated Negative Declaration (“MND”) (SCH 2024020529) on the Project pursuant to the California Environmental Quality Action (Public Resources Code Sections 21000 et seq., “CEQA”), the Guideline for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000 et seq., the “State MND Guidelines”); and WHEREAS, pursuant to the Development Agreement Statute, the Planning Commission held a duly noticed public hearing on April 23, 2024, on the proposed Project and has found that the proposed Development Agreement is consistent with objectives of the General Plan, compatible with the uses authorized for the project area, in conformity with public convenience and beneficial to the public welfare, and will not adversely impact the orderly development of property; and
WHEREAS, the City Council, after published notice, held a public hearing on ______ concerning the proposed Project, and has considered the reports and documents presented by City staff, the Planning Commission’s recommendation, and the written and oral comments presented at the public hearing; and
WHEREAS, on _________, the City Council of the City of Covina held a noticed public hearing to review the Project pursuant to the California Environmental Quality Act, Cal. Pub. Res.

Code § 21000 et seq. (" CEQA"), and the State CEQA Guidelines, 14 C. C.R. 15000 et seq. and considered the reports and documents presented by City staff, the Planning Commission's recommendation, and the written and oral comments presented at the public hearing; and WHEREAS, upon the close of the public hearing, the City Council adopted Resolution No. _______, adopting the Final MND (SCH 2024020529), adopting a Mitigation Monitoring and Reporting Program for the Project. Resolution No. _______ and the findings therein are hereby incorporated by this reference as though set forth in full; and WHEREAS, on ______, the City Council of the City of Covina considered the proposed Project including Planned Community Development Modification (PCDM) 22-4, Zoning Code Amendment (ZCA) 22-6, Zone Change (ZCH) 24-01, Conditional Use Permit (CUP) 22-10, Site Plan Review (SPR) 22-227, this Development Agreement. and Final IS/MND, and Mitigation Monitoring and Reporting Program at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Final MND, and the Mitigation Monitoring and Reporting Program, prior to and at the public hearing; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Ordinance 24-06 Page 3 of 5
SECTION 1. The forgoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.

SECTION 2. CEQA. The environmental effects of the proposed Development Agreement were analyzed in the Final MND. The City Council reviewed the Final MND and found that it reflects the independent judgment of the City Council and its staff, and is an adequate and extensive assessment of the environmental impacts of the Development Agreement. The City Council approved the Final MND as having been prepared in compliance with the requirements of the California Environmental Quality Act ("CEQA"), made the necessary findings, and adopted a Mitigation Monitoring and Reporting Program through CC Resolution No. ______. Said Resolution is incorporated herein by this reference as though set forth in full. The City Council incorporates by this reference the findings and mitigation measures contained in the Final MND, and Mitigation Monitoring and Reporting Program as to the environmental effects of the Development Agreement. Those actions apply equally to this approval and are incorporated herein by this reference.

SECTION 3. After giving full consideration to all evidence presented at the public hearing, both oral and written, and after being fully informed, said City Council does hereby find and decide that the Project is consistent with the public interest and with the City’s General Plan:

The Project would “Maintain its variety of functional commercial office, retail and service businesses, and whenever possible seek to expand the amount and mix of businesses to attract more shoppers/customers/patrons and to increase sales tax”. New commercial space and multifamily residences that would accommodate growth and serve existing and future residents, workers, and shoppers. Thus, the proposed Project is consistent with Land Use Element Objective 2, section 3 Policies.

SECTION 4. After giving full consideration to all evidence presented at the public hearing, and in consideration of the findings stated in Section 3 of this Ordinance, the City Council of the City of Covina hereby approves the Development Agreement (DA), as set forth in Exhibit “A” and is incorporated herein by this reference as though set forth in full.

SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The Mayor is authorized to execute the Development Agreement on behalf of the City once this Ordinance is effective. The executed development agreement shall be recorded against the title to the property.

SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings and this Resolution are based are located at the City Clerk’s office located at 125 E. College Street, Covina, CA 91723. The custodian of these records is the City Clerk.

SECTION 7. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Covina hereby declare that it would have adopted this ordinance and each section,

Ordinance 24-06 Page 4 of 5
sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 8. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.

SECTION 9. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary of thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Covina.

SECTION 10. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall enter the same in the Book of Original Ordinances.

PASSED, APPROVED and ADOPTED this __ day of ___, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
CANDICE K. LEE, City Attorney

Ordinance 24-06 Page 5 of 5

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 24-06 was introduced for first reading at a regular meeting on the ___ day of _____, 2024.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the __ day of ____, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

ATTACHMENT 9

EXHIBIT A
Development Agreement (Attached)

2537197_4 -1-
11/2021

DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“Agreement”) is entered made and entered on the ____ day of ______________, 20__, by and between the City of Covina, a municipal corporation organized and existing under the laws of the State of California (“City”), and Bulletin Displays, LLC, a California Limited Liability Company (“Developer”).

RECITALS
A. California Development Agreement Law (Government Code Sections 65864-65869.5) authorizes the City to enter into agreements with persons having an interest in real property for the development of such property.

B. The Developer has a lease to construct and maintain a billboard, located at the street address known as 1720 E. Garvey Street, Covina, California (“Property”). Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease.

C. The Developer has applied for approval of this Agreement in order to construct one billboard consisting of two 14 foot by 48 foot digital LED displays, per the renderings and specifications listed in Exhibit “A” and Exhibit “B” (“Billboard”).

D. If this Agreement is not otherwise terminated, in consideration of entering into this Agreement, Developer has agreed, inter alia, to pay to City, over thirty (30) years, an amount equaling not less than Three Million Four Hundred Fifty Thousand Dollars ($3,450,000).

E. In light of the substantial commitments agreed to by Developer pursuant to this Agreement, City is willing to enter this Agreement as a means of providing assurance that Developer may proceed with the construction and maintenance of the Billboard at the Property subject to the terms and conditions herein.

F. Developer, with the assistance of legal counsel, has reviewed the terms and conditions contained herein, and based thereon has found the same to be fair, just and reasonable, and the City has determined that entering this Agreement will further the interests of its residents and businesses, and that the public health, safety and welfare will be enhanced thereby.

G. The City Council has found that this Agreement and the proposed Billboard is consistent with the City’s General Plan.

H. The City has made the appropriate findings and imposed the required conditions pursuant to Title 17 (Zoning) of the Covina Municipal Code (“Code”) in order to ensure that the interests of the public are benefitted as a result of the Billboard.

I. Prior to, and in connection with, the approval of this Agreement, the City Council reviewed the Project to be developed pursuant to this Agreement as required by the California Environmental Quality Act (“CEQA.”) On _______, 202_, the City Council adopted Resolution No. ____, adopting the Mitigated Negative Declaration (“MND”) prepared for this Agreement and the Project Approvals as defined in Subsection 1.7 of this Agreement.

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J. On __________________, 20___, the Planning Commission of the City of Covina conducted a duly noticed public hearing and thereafter adopted its resolution recommending approval of this Agreement to the City Council.

K. On __________________, 20___, the City Council of the City of Covina conducted and concluded a duly noticed public hearing concerning this Agreement.

NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the Parties agree as follows:

1. Definitions.

1.1 “Agreement” means this Development Agreement.

1.2 “City” means the City of Covina, California.

1.3 “Billboard” means the off-premise billboard structure composed of two 14 foot by 48 foot digital, LED displays more fully described in Section 1.6, below.

1.4 “Developer” means Bulletin Displays, LLC, a California Limited Liability Company. The Developer is and shall remain the owner of the Project as a trade fixture and Developer is the owner of all of the sign permits for the Project.

1.5 “Effective Date” means the date the Ordinance adopting this Agreement takes effect..

1.6 “Project” means the construction of one new Billboard with two 14 foot by 48 foot digital LED displays, with one display facing the Interstate 10 West freeway and the other display facing the Interstate 10 East freeway, per the renderings and specifications listed in Exhibit “A” and Exhibit “B”.

1.7 “Project Approvals” means General Plan Amendment (GPA) No. _____, Zone Change (ZC) No. _____, PCD Minor Modification No.____, Conditional Use Permit _____, Site Plan Review No._____, and all amendments thereto (collectively “the Project Approvals”; individually “a Project Approval”) to provide for the construction of the Billboard at the Property.

1.8 “Property” means the real property having Assessor’s Parcel Number 8447-031- 052, and also known as 1270 E. Garvey Street, Covina, California 91724.

2. Mutual Benefits. This Agreement is entered into for the purpose of carrying out the Project in a manner that will ensure certain anticipated benefits to the City, residents of the City and the Developer. The City and the Developer agree that certain assurances on the part of each party will be necessary to achieve the desired benefits and that this Agreement is predicated upon the good faith and joint cooperation of the parties.

2.1 Benefits to the City. The benefits to the City (including, without limitation, the residents of the City) under this Agreement include the payment by the Developer of fees to the City to mitigate the potential impacts of the Project. To mitigate the Project’s impacts on persons and property in the immediate vicinity and to the City in general, the Developer shall pay the “Development Fee” to the

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City as follows: (a) during years 2022 through 2031, $110,000 per year, to be paid starting _______ (__) months after issuance of the final City building permit, and every year thereafter in years 2023-2031 on the anniversary of the initial payment for each year of operation of the Billboard; (b) during years 2032- 2041, $115,000 per year on the anniversary of the initial payment for each year of operation of the Billboard; (c) during years 2042-2051, $120,000 per year on the anniversary of the initial payment for each year of operation of the Billboard.

In addition, the Developer shall execute a Reimbursement Agreement as is described in Exhibit “C”, submit a deposit to and reimburse the City for all costs, entitlement/application fees, permitting fees, including legal fees, consultant fees and staff time, incurred by the City in connection with the processing of the Developer’s application for all entitlements for the Project, including but not limited to the preparation and review of this Agreement and all ordinances, resolutions and environmental review related thereto.

2.2 Benefits to the Developer. The Developer has expended and will continue to expend substantial amounts of time and money on the planning and development of the Project. In addition, the Developer will expend substantial amounts of time and money in contributing to the payment for the mitigation of the impacts in connection with the Project. The Developer would not make such additional expenditures without the rights conferred by this Agreement and such additional expenditures will be made in reliance upon this Agreement.

3. Term. The term of this agreement shall be Thirty (30) years from the Effective Date.

Unless this Agreement is extended in writing by the parties, this Agreement shall expire on the earlier of the following: (i) 180 days after the date that the Billboard is abandoned as an outdoor advertising structure; or (ii) unless contested by Developer, immediately upon termination of Developer’s authorization to use the Property for the purposes permitted by this Agreement. Following the expiration of the Term, the Developer shall remove the Billboard and the Property shall be restored to its original condition.

4. Binding Effect of Agreement; Authority of Developer. The burdens of this Agreement bind, and the benefits of this Agreement inure to, the successors in interest to the Parties hereto. Developer warrants and represents that it has full legal authority to utilize the Property for the use and term authorized herein; that there is no encumbrance, mortgage, or lien of any nature affecting the Property that would be adversely affected by this Agreement; that Developer has full legal right to enter into this Agreement; and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so.

5. Assignment. The Developer shall not assign any interest in this Agreement or a portion of this Agreement without prior written consent of the City, which will not be unreasonably withheld. Notwithstanding the foregoing, the Developer shall have the right to assign or otherwise transfer this Agreement in its entirety without such consent, but with prior written notice to City (i) to a subsidiary, parent, or entity under common control with the Developer, or (ii) to a successor party in the event of a merger, acquisition, sale, transfer or other disposition of all or substantially all of the assets of the Developer, or (iii) as part of financial assignment to a financial institution that finances Developer and the City Manager shall be authorized to execute any documentation required to approve and/or acknowledge the financing. Any security posted by Developer may be substituted by the assignee or transferee. After a transfer or

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assignment as permitted by this Section, and written agreement of the assignee or transferee to be bound by this Agreement, then, provided the Developer is not then in breach of this Agreement, the City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement.

6. Project Development.

6.1 Entitlement to Develop. The City hereby grants to the Developer the right to perform and complete the Project, and to maintain and use the Billboard, subject to the requirements imposed under this Agreement and as required by City’s Municipal Code. The City acknowledges that Developer will have to apply to the City and to the California Department of Transportation and such other entities, if any, and Developer shall in good faith ensure that necessary permits are applied for with the City and the California Department of Transportation and such other entities, if any, in an expeditious manner. The City will not oppose any permit applied for hereunder by Developer, that is consistent with the use authorized herein and otherwise with the terms of this Agreement, and will provide information and documentation as reasonably requested by Developer. Either party may elect to withdraw from this Agreement in the event that Developer determines that all necessary governmental authorizations which are required to give effect to the provisions of this Agreement cannot be obtained; provided, however, that the City must use good faith efforts and cooperation to supply all permits to be provided by the City for the Billboard under this Agreement.

6.2 Permitted Density, Height and Uses. The Developer shall construct, operate and maintain the Billboard in compliance with the conditions set forth in Exhibit “ A” and Exhibit “B” attached hereto, any and all applicable local, State and federal laws and regulations, and with the following:
(a) Surface Area. The surface area of each billboard face, poster, printing or advertisement included within the Billboard shall not exceed Six-HundredSeventy Two (672) square feet, without the City’s prior, written consent.

The square feet limit does not include any City logos or city name placed on the billboard structure.
(b) Design of Billboard. The Billboard shall not exceed Fifty-Six (56) feet in overall width, nor Eighty-Five (85) feet in overall height. There shall be two digital, illuminated changeable copy, full color LED displays, each no more than 14 feet by 48 feet , as depicted in Exhibit “ A” attached hereto. The Billboard’s technical specifications shall meet or exceed those specifications set forth in Exhibit “B” attached hereto. Plans and specifications for, and a colored rendering of, the Billboard shall be submitted in advance to the Director of Community Development (“Director”) for review and reasonable approval that is made pursuant to this Agreement, and he or she shall be authorized to approve minor modifications to the design.
(c) Repair and Maintenance. The Developer shall keep the Billboard clean, graffiti-free, fully functional 24 hours per day, 7 days per week, and otherwise in good repair. Faded, weathered, and/or deteriorated surfaces, and any and all malfunctioning LEDs, integrated electronics,

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equipment and/or other components, shall be promptly repaired or replaced. Developer may repair and/or replace the Billboard as appropriate, at its sole discretion.
(d) Advertising, Public Service Announcements.
(i) The Developer shall not allow any advertisement on the Billboard or on the Property that is likely to interfere with, mislead, or distract traffic or conflict with any traffic control device, including, but not limited to, words such as “Stop,” “Look,” “Drive-In,” “Caution,” or “Danger.”
(ii) The Developer shall not allow any advertisement on the Billboard or on the Property that displays tobacco, marijuana, “gentlemen’s clubs,” or other related sexually explicit messages. If the City Manager determines, at his or her reasonable discretion, that any advertising on the Billboard or on the Property displays tobacco, marijuana, “gentlemen’s clubs,” or other related sexually explicit messages, the City may in exercise of its police and regulatory powers, serve written notice upon the Developer requiring the removal of the tobacco, marijuana, “gentlemen’s clubs,” or other related sexually explicit messages. The Developer shall remove all tobacco, marijuana, “gentlemen’s clubs,” or other related sexually explicit advertising within three business days after the City serves such notice and any posting of the advertising that is removed within said three business days does not constitute a breach of this Agreement. The Developer shall have the right to appeal the City Manager’s decision to the City Council. (iii) In addition to providing to the City display time in connection with local emergencies, Developer shall provide five (5) weeks’ worth of display time per year for public service announcements (“PSA”) by the City on one of two displays of the Billboard, subject to availability of space. The City can chose to utilize any of the five weeks’ worth of display time on any of Developer’s other freeway digital displays within the Los Angeles Designated Market. With respect to the Billboard, Developer shall place City-provided announcements, on a space available basis, in one of the eight (8) display images in the current rotation of display images at any time. The City shall be responsible for providing Developer with approved advertising copy and shall also be responsible for any costs associated with providing Developer with artwork in acceptable format per Developer’s specifications. City’s use is subject to the following conditions and parameters: all copy must be submitted to Developer at least five (5) days before the proposed display date and will be subject to Developer’s standard advertising copy rejection and removal policies, which allow Developer, in its sole discretion, to approve or disapprove copy and remove copy once posted or displayed. The elapsed time between any such copy removal by Developer, and the
subsequent display of replacement City-provided copy, shall be

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added to the City’s allotment of advertising display time provide in this Section 6.2.d.(iii).
(iv) The Developer shall provide a quarterly report to the City documenting the date, time and duration of each PSA displayed as required by this Section. Any time that the City does not use its allotted time or does not provide timely advertising copy ready to post, Developer does not have to provide that allotted time and City cannot cumulatively bank their allotted time since any unused annual portion of the allotted time will be expired at the end of any particular year.

6.3 Ministerial Approvals. The Developer shall be required to obtain from the City, and pay all customary fees and charges incidental thereto, for a building permit to construct the Billboard and/or otherwise as required to complete the Project, and an annual City business license. City will use its best efforts to expedite the processing of Developer’s applications to install the Billboard.

6.4 Changes in Project. Subject to the terms of this Agreement and not including any routine maintenance or servicing of the Billboard, which includes replacement of any or all of the digital displays components, the Developer shall not be entitled to any change, modification, revision or alteration in the permitted uses of the Property, the density or intensity of use, and the design, improvement and/or standards and specifications applicable to the Project or use of the Property without applying for further City review and approval.

7. Rules, Regulations and Official Policies.

7.1 "Land Use Regulations" means all ordinances, resolutions, laws, general or specific plans, codes, rules, regulations and official policies of City adopted and effective on or before the Effective Date of this Agreement governing development and use of land, including, without limitation, the permitted uses of land, the density or intensity of use, the maximum height and size of proposed structures, the provisions for reservation or dedication of land for public purposes, environmental review; and the design, improvement, installation and construction standards and specifications, all as applicable to the development of the Property with the Project. "Land Use Regulations" does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
a. the conduct of businesses, professions, and occupations; b. taxes and assessments;
c. the control and abatement of nuisances;
d. the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and/or
e. the exercise of the power of eminent domain.

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7.2 Conflicting Enactments. Any change in the Land Use Regulations, including, without limitation, any change in any applicable City general, area or specific plan, zoning, subdivision or building regulation, adopted or becoming effective after the Effective Date of this Agreement, which would, absent this Agreement, otherwise be applicable to the installation, maintenance and/or use of the Billboard by Developer and which would conflict in any way with or be more restrictive than the Land Use Regulations, unless otherwise provided in this Agreement or necessary to protect the public health or safety, shall not be applied by City to the Billboard. The parties acknowledge and agree that any such subsequent conflicting enactment may apply to any existing off-site signs, other than the Billboard.

7.3 Development Fees. Except as provided in this Agreement, the City shall not, without the prior written consent of the Developer, increase any fees applicable to the Project, or impose any new fees for the Project that did not exist as of the Effective Date of this Agreement, except those fees set forth in this Agreement or related to building in effect on the Effective Date of this Agreement. Developer shall pay any fees applicable to the Project at the rates that are in effect on the Effective Date of this Agreement.

7.4 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties herein to provide for the timing of development resulting in a later adopted initiative restriction the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation) to install the Billboard in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment.

7.5 Subsequent Actions and Approvals. This Agreement shall not prevent the City in subsequent actions after the Effective Date applicable to the Property from applying new rules, regulations and policies which do not conflict with the Land Use Regulations, or conflict with this Agreement and the rights of the Developer hereunder, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

7.6 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following shall apply to the development of the Property:
a. Procedural regulations not inconsistent with this Agreement, relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
b. Changes adopted by the International Conference of Building Officials as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Solar Energy Code, Uniform Administrative Code, National Electrical Code, and any other Uniform Code, and also adopted by CITY.

Notwithstanding any provision of this Agreement to the contrary,

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construction in connection with the Project shall be subject to changes occurring from time to time in the provisions of the CITY’s building standards codes, including the CITY’s building, mechanical, and electrical regulations that are based on the recommendations of multi-state professional organization(s) and become applicable throughout the CITY, including the California Building Code and other similar or related uniform codes.
c. State and Federal Laws. Changes in, or additions to, the Land Use Regulations shall apply to the Project if such changes or additions are specifically mandated to be applied to developments such as the Project by applicable California or federal laws or regulations that go into effect on or after the Effective Date, which prevent or preclude compliance with one or more of the provisions of this Agreement. If City or Developer believes that such a change or addition required by California or federal law or regulation exists, then that party shall provide the other party hereto with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Land Use Regulations and/or of this Agreement. In the event that any such change or addition shall be required by California or federal law or regulation, then the provision(s) of this Agreement that require said change(s) shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations and City shall reasonably cooperate with Developer in minimizing the impact of such change upon the Project and the Property. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Developer and City shall have the right, but not the obligation, to challenge the new law preventing compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. City is under no obligation to refund any fees, costs, or payments in the event any Federal or State law prohibits the installation of the Billboard after the City’s receipt of any fees, costs or payments. Developer’s payments prior to said prohibition shall be neither refundable nor subject to pro-ration.

8. Cooperation/Implementation.

8.1 No Inconsistent Actions. Except as required by any unstayed court order, neither City, nor any of its agencies, officers or employees, shall take any action that is inconsistent with the terms of this Agreement.

8.2 Further Assurances; Covenant to Sign Documents. Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement.

8.3 State, Federal or Case Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this

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Agreement and (b) take such other actions as may be necessary to conform with the terms of this Agreement.

8.4 Other Governmental Bodies. To the extent that City, its City Council, Planning Commission or any other City agency constitutes and sits as any other board or agency, it shall not take any action that is inconsistent with the terms of this Agreement. Nothing in this paragraph shall restrict or inhibit any individual member of the City’s City Council, Planning Commission or any other City agency who is also a member of another governmental body, the composition of which is different than the City’s City Council, Planning Commission or other City agency, from exercising his or her discretion on such other governmental body.

9. Indemnification and Legal Challenge.

9.1 Participation in Litigation: Indemnity. To the full extent permitted by law, Developer agrees to and shall fully indemnify, hold harmless, and defend, City and its respective elected and appointed officials, officers, members, agents, employees, and representatives (each an “Agent” and collectively “Agents”) from any and all claims, suits, causes of action, fines, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including attorneys’ fees (collectively, “Claim(s)”), arising in any way out of or challenging the validity of this Agreement, any of the related Project Approvals, the Mitigated Negative Declaration or the CEQA Determination for the Project (“CEQA Determination”). Developer’s indemnification obligation shall include, but not be limited to, actions to attack, set aside, void, or annul any approval, should it occur, related to this Agreement, any of the other related Project Approvals, the Mitigated Negative Declaration or the CEQA Determination, including actions invoking Planning and Zoning Law or CEQA. City shall be entitled to select, at its sole and absolute discretion, its own counsel to conduct its defense, and Developer shall be responsible for paying all fees and costs of counsel the City selects except as provided herein. Developer shall pay all of City’s defense costs, including without limitation, court costs and attorney fees that City may be required by a court to pay as a result of such Claims(s).

Although the City may choose to change its legal counsel at any given time, the Developer will not pay for the City to hire more than one law firm at a time to conduct the City’s defense. Such participation in the defense of such Claim(s) or the retention of separate counsel by City shall not relieve Developer of its obligations under this Agreement. All indemnity provisions set forth in this Agreement shall survive termination or expiration of this Agreement.

9.2 City shall promptly provide written notice to Developer of any Claim(s). City shall take all necessary and reasonable steps to provide such notice to Developer in a timely fashion and in a manner that will not result in any substantial prejudice to Developer’s ability to defend the relevant Claim(s). Such notice shall contain a copy of any relevant pleadings filed in connection with the relevant Claim(s). City acknowledges that Developer desires to provide the defense of any Claim(s) in a cost efficient manner. City and Developer shall coordinate and cooperate in their defense activities, whether City is participating in defense undertaken by Developer or is retaining separate counsel. As used in this Agreement, cooperation does not include City having to take any action or make any decision that City does not believe, in the exercise of its good faith judgment, is in its own

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best interest. Unless expressly provided to the contrary, nothing in this Agreement shall be construed in a manner that requires City to exercise its discretion in a particular manner.

9.3 Developer may not resolve such Claim(s) without City’s prior written consent. In all events, City shall have the right to resolve any such Claim(s) in any manner, in its discretion, provided, however, Developer’s consent shall be required (and may be granted or withheld in Developer’s discretion) if the resolution of the Claim(s) shall require a payment by Developer or limit Developer’s rights under the Development Approvals, including, without limitation, this Agreement.

Developer’s obligation to pay the cost of any such Claim(s), including judgment, post-judgment motions, and any and all appeals, shall extend until any Claim is completely concluded, judgment is entered and completely satisfied.

9.4 In the event Developer fails or refuses to reimburse City for its cost to defend any Claim(s), CITY shall have the right to terminate this Agreement, subject to the notice and cure requirements of Section 15 below. Additionally, in the event of any such Claim(s), the Term of this Agreement shall be tolled for the period during which such Claim(s) are proceeding until fully and finally resolved.

9.5 In order to ensure compliance with this Section 9, within twenty (20) calendar days after notification by City of the receipt of any Claim(s), Developer shall deposit with City cash or other security in the amount of fifty thousand dollars ($50,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to City of all costs and fees related to any action triggering the obligations of this Section 9. If City is required to draw on that cash or security to indemnify or reimburse itself for such costs or fees, Developer shall restore the deposit to its original amount within fifteen (15) days after notice from City that replenishment is required. Additionally, if at any time the City Manager determines that an additional deposit or additional security in an amount not to exceed an additional fifty thousand dollars ($50,000) is necessary to secure the obligations of this Section 9, Developer shall provide such additional payment or security within fifteen (15) days of notice from the City Manager.

9.6 The foregoing indemnity shall not include claims or liabilities arising from the sole, active negligence or willful misconduct of the City, or its officers, agents or employees who are directly responsible to the City.

10. Insurance.

10.1 Types of Insurance.
(a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for Developer comprehensive broad form general liability insurance against claims and liabilities covered by the indemnification provisions of Section 9. Developer has agreed to indemnify the City hereunder to the extent of the liability insurance coverage with respect to its use, occupancy, disuse or condition of the Site, improvements or adjoining areas or ways, affected by such use of the Site or for property damage, providing protection of at least Two

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Million Dollars ($2,000,000) for bodily injury or death to any one person, at least Two Million Dollars ($2,000,000) for any one accident or occurrence, and at least Two Million Dollars ($2,000,000) for property damage. Developer shall also furnish or cause to be furnished to the City upon City’s request evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer. (b) Worker’s Compensation. Developer shall also furnish or cause to be furnished to the City upon City’s request evidence that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries worker's compensation insurance as required by law.
(c) Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than “A”. All such policies shall be non-assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against the City and against the City’s agents and representatives except as provided in this Section; (ii) the policies are primary and noncontributing with any insurance that may be carried by the City, but only with respect to the liabilities assumed by Developer under this Agreement; and (iii) the policies cannot be canceled or materially changed except if written notice by the insurer is given to the City or the City’s designated representative as expeditiously as the insurance company agrees to provide such notice. Developer shall furnish the City with certificates evidencing the insurance required to be procured by the terms of this Agreement.

10.2 If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish the City with required proof that the insurance has been procured and is in force and paid for, the City, after complying with the requirements of Section 15, may view such failure or refusal to be a default hereunder.

11. Amendment or Termination of Agreement. Except as otherwise provided herein, this Agreement may be amended or terminated in whole or in part only by mutual written consent of the Parties.

12. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and clarifications may be appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications or non-substantive changes to this Agreement are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager shall be authorized to make the determination whether a requested

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clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 11 above. The City Manager may execute any operating memoranda hereunder.

13. Governing Law and Venue. The provisions of this Agreement shall be governed by the laws of California. Venue for any legal action shall be the Superior Court of the County of Los Angeles, California.

14. Developer Remedy Limited to Specific Performance; No Monetary Damages Remedy Against City. The nature of a development agreement under the Development Agreement Law is a very unusual contract involving promoting a development project facing many complex issues including geologic, environmental, financial, market, regulatory and other constantly evolving factors over an extremely long time frame. The high level of uncertainty and risk involved justify the extraordinary commitments made to Developer by City or vice versa. The parties acknowledge that City would not have entered into this Agreement had it been exposed to monetary damages claims from Developer for any termination, or Default hereunder. As such, the parties agree that in no event shall Developer be entitled to recover monetary damages of any amount or of any kind against City for City’s termination or Default under this Agreement. For purposes of enforcement, therefore, Developer’s sole remedy for any Default of this Agreement shall be the remedy of specific performance. Before Developer takes action to obtain a judicial order for specific performance against City, Developer shall comply with the notice and cure provisions of Section 15.

15. Default; Notice and Opportunity to Cure; Termination.

15.1 Default; Notice and Opportunity to Cure. A non-Defaulting Party in its discretion may elect to declare a Default under this Agreement in accordance with the procedures hereinafter set forth for any alleged Default of the other party ("Defaulting Party"). However, the non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure.

The Defaulting Party shall be deemed in Default under this Agreement, if the breach or failure can be cured, but the Defaulting Party has failed to take such actions and cure such Default within thirty (30) days after the date of such notice.

However, if such Default cannot be cured within such thirty (30) day period, and if the Defaulting Party does each of the following:

1. Notifies the non-Defaulting Party in writing with a reasonable explanation as to the reasons the asserted Default is not curable within the thirty (30) day period;

2. Notifies the non-Defaulting Party of the Defaulting Party's proposed cause of action to cure the Default;

3. Promptly commences to cure the Default within the thirty (30) day period;

4. Makes periodic reports to the non-Defaulting Party as to the progress of the program of cure; and

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5. Diligently prosecutes such cure to timely completion, then:

The Defaulting Party shall not be deemed in Default of this Agreement once the Default has been timely cured.

15.2 Termination Notice. Upon receiving a Default Notice, should the Defaulting Party fail to timely cure any Default, or fail to diligently pursue such cure as prescribed above, the non-Defaulting Party may, in its discretion, provide the Defaulting Party with a written notice of intent to terminate this Agreement (“Termination Notice”). The Termination Notice shall state that the non-Defaulting Party will elect to terminate the Agreement within thirty (30) days and state the reasons therefor (including a copy of any specific charges of Default) and a description of the evidence upon which the decision to terminate is based. Once the Termination Notice has been issued, the non-Defaulting Party’s election to terminate this Agreement shall only be rescinded (i) if the Defaulting Party fully and completely cures all Defaults prior to the date of termination, or (ii) if the nonDefaulting Party elects to revoke the Termination Notice.

15.3 Legal Action. In the event that the Developer fails to cure or correct any Default, the City may: (i) terminate this Agreement; or (ii) institute an action at law or equity against the Developer to seek specific performance of the terms of this Agreement, or to cure, correct, or remedy any Default, to recover the specified amounts due for failure to comply with the terms of this Agreement.

15.4 No Cause Termination. Developer, in its discretion, may terminate this Agreement upon ninety (90) days notice for any reason. In the event of a termination by Developer under this Section, Developer acknowledges and agrees that the City may retain all fees, including Development Fees paid up to the date of termination, and Developer shall pay the prorated amount of Development Fees within sixty (60) days after the date of termination that equates to the percentage of time elapsed in the year of the Term at the time of termination. If the Developer terminates this agreement within the first two years of the anniversary of the date of this agreement, Developer shall reimburse the City for those items listed in Exhibit “D” , but said reimbursement shall be limited to Thirty-Thousand ($30,000.00) dollars (Reimbursement Costs to be Paid by Developer in Event of Termination).

16. Periodic Review of Compliance with Agreement.

16.1 Annual Review. Each year on the anniversary of the Effective Date (or, in the event such date falls on a weekend or holiday, the next available business day), throughout the term of this Agreement, either the Developer or City may request that the Developer and City meet or exchange necessary correspondence and review, pursuant to Government Code Section 65865.1, Such meeting, if desired shall take place at the offices of the Developer, or at such other places or times that are mutually agreed upon by the parties. If as a result of such review, the moving party reasonably determines, on the basis of substantial evidence presented at such meeting, that the responding party has not complied in good faith with the terms and conditions hereof, the moving party shall provide written notice thereof (hereinafter referred to as the "Notice of Non-Compliance"), specifying in detail and reasons for such finding. After the moving party delivers

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the Notice of Non-Compliance, the responding party shall have the right to cure such non-compliance as provided in Section 15 above. In the event that the responding party does not timely cure the noncompliance after a Notice of NonCompliance is delivered by the moving party, the moving party may proceed to terminate this Agreement on ten (10) days prior written notice to the responding party in accordance with the termination procedure set for in Section 15 above.

16.2 Good Faith Compliance. During each periodic review, the Parties shall be required to reasonably demonstrate good faith compliance with the terms of this Agreement.

16.3 Statement of Compliance. Within (10) days following any written request which either City or Developer may make from time to time, the other shall execute and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party that fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. The Director of Community Development shall be authorized to execute any certificate requested by Developer hereunder.

17. Waivers and Delays.

17.1 Waiver. Except as otherwise specified in this Agreement, failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party’s right to demand strict compliance by such other party in the future.

17.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person.

17.3 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, federal or state government regulations, court actions, or other causes beyond the party’s reasonable control.

18. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in the United States mail, postage prepaid and return receipt requested and addressed as follows:

TO CITY: City of Covina
Attn: City Manager
125 E. College Street
Covina, CA 91723

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TO DEVELOPER: Bulletin Displays, LLC
Attn: IMPORTANT LAND LEASE NOTICE
3127 E. South Street, Ste. B
Long Beach, CA 90805
Either party may change the address stated herein by giving notice, in writing, to the other party and thereafter notices shall be addressed and submitted to the new address. Notices shall be deemed received upon personal delivery or upon the third day following deposit in the United States mail in the manner set forth above.

19. Attorney’s Fees. If action is brought by any party, the prevailing party shall recover all attorney’s fees and costs and expenses incurred in connection with such action to the extent permitted herein. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal and in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

20. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City, on one hand, and the Developer, on the other, is that of a government entity regulating the development of private property.

21. Project Timing. Developer shall have one (1) year from the Effective Date of this Agreement to complete the construction of the Billboard, but this time limit shall be extended for the time the City takes to process any permits or complete any inspections and such one year period, as extended, shall be shortened by delays in processing permits or conducting inspections that are caused by Developer’s failure to submit (or delay in submitting) necessary applications, fees or information for permits or failing to cooperate with inspections, as applicable.

22. No Third Party Beneficiary. This Agreement is not intended, nor shall it be construed, to create any third party beneficiary rights in any person who is not a party, unless expressly otherwise provided.

23. Authority to Execute. Each person executing this Agreement on behalf of the Developer warrants and represents that he or she has the authority to execute this Agreement on behalf of the Developer and to bind the Developer to the performance of its respective obligations hereunder.

24. Severability of Terms. If any term or provision of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce or otherwise deprive the Developer or the City of the benefits of this Agreement.

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25. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the statute governing development agreements (Government Code Section 65864 - 65869.5 inclusive) in effect as of the Agreement date. Accordingly, to the extent the subsequent amendment to the Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868.

26. Integrated Agreement. This Agreement consists of this document and all attached Exhibits, each of which is incorporated by reference herein. The provisions of this document shall govern over any inconsistent provisions contained in any Exhibit hereto.

27. Entire Agreement. This Agreement sets forth an contains the entire undertaking and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

28. Construction of Agreement. The provisions of this Agreement and the exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Developer or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

29. Advice; Neutral Interpretation. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. This Agreement has been drafted through a joint effort of the Parties and their counsel and therefore shall not be construed against either of the Parties in its capacity as draftsperson, but in accordance with its fair meaning.

30. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.

31. Recordation. In order to comply with Government Code Section 65868.5, the parties do hereby direct the City Clerk to record a copy of this Agreement against the Property with the County Recorder of Los Angeles County within ten (10) days after the Effective Date and the City Clerk shall supply both Parties with certified copies thereof.

32. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts hall be construed together and have the same effect as if all of the parties had executed the same instrument.

33. City Park Sign (s). Shall City desire to pursue a Park Sign with Developer, parties may meet and confer to discuss costs, placement, sizing and to content to be displayed on sign.

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Dated: , 202__ BULLETIN DISPLAYS, LLC
By: _________________________________
Print Name:

Title:

By: _________________________________
Print Name:

Title:

Dated: , 202__ CITY OF COVINA
By: _______________________________

City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney

EXHIBIT A

PHYSICAL DESCRIPTION/RENDERING OF BILLBOARD

EXHIBIT B

TECHNICAL SPECIFICATIONS FOR BILLBOARD

UNLESS OTHERWISE APPROVED IN WRITING BY THE DIRECTOR, THE BILLBOARD SHALL COMPLY WITH THE FOLLOWING TECHNICAL SPECIFICATIONS (Per Face):

EXHIBIT C

REIMBURSEMENT AGREEMENT

EXHIBIT D

REIMBURSEMENT COSTS TO BE PAID BY DEVELOPER IN EVENT OF TERMINATION In the event of termination by the Developer, the Developer shall pay to the City of Covina Thirty-Thousand Dollars ($30,000.00).

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: June 4, 2024
Title: Adopting Regulations Regarding the Use of the City of Covina Skate Park and Making a Determination of Exemption Under CEQA; Adoption of Urgency Ordinance 24-02 and Introduction of Ordinance 24-03
Presented by: Lisa Evans, Director of Parks & Recreation and Library Services Krystal Smith, Recreation and Library Services Manager
Recommendation: That the City Council:

1. Waive full reading and adopt Urgency Ordinance 24-02, Amending Sections 9.48.010 and 9.48.075 and Adding Section 9.48.077 to Title 9 of the Covina Municipal Code Updating Definitions and Establishing Regulations for the use of the Covina Skate Park Consistent with California Health & Safety Code Section 115800, Declaring the Urgency Thereof, and Making a Determination of Exemption from CEQA;

2. Waive Full Reading and Introduce Ordinance 24-03, Amending Sections 9.48.010 and

9.48.075 and Adding Section 9.48.077 to Title 9 of the Covina Municipal Code Updating Definitions and Establishing Regulations for the Use of the Covina Skate Park Consistent with California Health & Safety Code Section 115800 and Making a Determination of Exemption From CEQA.

EXECUTIVE SUMMARY/BACKGROUND:

The City of Covina Skate Park at Wingate Park is nearing completion and will be open for public use in early Summer 2024. This is the first Skate Park owned or operated by the City. It is necessary to establish Rules and Regulations for users of the Skate Park in order to ensure safety to the maximum extent possible while minimizing the City’s liability.

For your consideration are two virtually identical draft ordinances: (1) Urgency Ordinance 24-02, which, if adopted by at least a 4/5 vote, becomes effective immediately [Gov’t Code § 36937(b)]; and (2) a regular ordinance, Ordinance 24-03, with the identical Municipal Code amendments, which undertakes the traditional approach of introduction (first reading), and adoption (second reading) requiring a minimum of three votes, with an effective date 30 days after second reading [Gov’t Code §§ 36934; 36937)]. The urgency ordinance is necessary for the immediate preservation of the public health or safety in that it requires a person riding a skateboard or other wheeled recreational device at the Skate Park to wear a helmet, elbow pads, and knee pads and provides other regulations designed to preserve public health and safety in the Skate Park that must be in place prior to the opening of the facility.

DISCUSSION:

Chapter 9.48 of the Covina Municipal Code regulates conduct in the City’s parks. Pursuant to Section 9.48.050, the City Council may, by resolution, adopt rules and regulations governing conduct in, and the operation of, parks within the city. Additionally, Covina Municipal Code Section 9.48.075 provides in part that: “It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard, or similar coaster device upon any park so long as such sign is posted so as to give reasonable notice of such prohibition.” Section 115800 of the State of California Health and Safety Code requires that operators of skateboard parks prohibit persons from riding a skateboard or other wheeled recreational device in the skateboard park unless that

person is wearing a helmet, elbow pads, and knee pads. If a skateboard park owned or operated by a local public agency is not supervised on a regular basis, the local public agency can comply with this requirement, by adopting an ordinance that requires Skate Park users to wear a helmet, elbow pads, and knee pads and by posting signs at the facility that clearly state this requirement and that provide notice that a person failing to comply with this requirement will be subject to citation. Because the Skate Park will not be supervised on a regular basis, the City therefore needs to: (1) adopt an ordinance requiring a person riding a skateboard or other wheeled recreational device at the Skate Park to wear a helmet, elbow pads, and knee pads and (2) post signs at the facility providing notice of this requirement and that a person failing to do so will be subject to citation.

The attached Ordinance includes a minor amendment to existing Section 9.48.075 Bicycles, Skates, Skateboards Prohibited Where Sign is Posted to clarify that regulations pertaining to the Skate Park are subject to Section

9.48.077. The amendment is bolded in the second paragraph below. “It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard or similar coaster device upon any park so long as such sign is posted so as to give reasonable notice of such prohibition.

It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard, or similar coaster device upon any park’s walls, steps, stairways, railings, benches, access ramps, driveways or parking lots, except as permitted at the Covina Skate Park as established by regulations in CMC Title 9 Section

9.48.077.”
The Ordinance also outlines the following proposed regulations for use of the Covina Skate Park and adds them as a new Section 9.48.077:

A. This is an unsupervised Skate Park. Use at your own risk.

B. The Skate Park is intended for skateboards, scooters, in-line skates and roller skates.

C. No bicycles, unicycles, tricycles or other four-wheeled cycles permitted in Skate Park, except at times when the City has specifically authorized the use and operation of such cycles at the Skate Park.

D. Metal wheels or any other equipment that could damage the skating surface are prohibited.

E. All users must wear helmets, elbow pads, and knee pads at all times.

F. Users under 12 years of age must be accompanied by an adult.

G. Smoking, vaping, consuming alcohol, and/or using drugs prohibited.

H. Graffiti, tagging, stickers, or etching prohibited.

I. Food, drinks, glass containers prohibited inside Skatepark.

J. Changing, altering, modifying or lubricating permanent apparatuses is prohibited.

K. Introducing additional apparatuses to the Skatepark is prohibited.

L. Use of the Skate Park is deemed a hazardous recreational activity, which may result in death, paralysis, brain damage, concussion, broken bones, or other serious injury. User must be aware of their ability and limits. All users and spectators accept and assume liability for any and all injuries or death.

M. Use of Skate Park when hazardous conditions exist is prohibited.

N. All organized events must have written approval from the Director.

O. The Skate Park will be open daily from dawn to dark, unless otherwise posted by the Director. No trespassing when Skatepark is closed.

P. Persons failing to comply with regulations stated above, including but not limited to failure of a person to wear a helmet, elbow pads, and kneed pads, are subject to citation pursuant to Covina Municipal Code section 9.48.330.

Q. The Director is authorized to post additional rules that they determine are necessary for the safe operation of the Skate Park.

Furthermore, the proposed ordinance amends Section 9.48.010 (Definitions) by amending the definition for “bicycle” and adding a definition for “other wheeled recreational device” to align with state law definitions for each.

FISCAL IMPACT:

There is no direct fiscal impact related to the adoption of the Ordinance.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines. It can be seen with certainty that there is no possibility the adoption of the Ordinance may have a significant effect on the environment because it adopts rules of conduct for a newly constructed skate park. It is therefore exempt from CEQA review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

Respectfully submitted,

ATTACHMENT A
ORDINANCE 24-02

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING SECTIONS 9.48.010 AND 9.48.075 AND ADDING SECTION 9.48.077 TO TITLE 9 OF THE COVINA

MUNICIPAL CODE UPDATING DEFINITIONS AND ESTABLISHING

REGULATIONS FOR THE USE OF THE COVINA SKATE PARK

CONSISTENT WITH CALIFORNIA HEALTH & SAFETY CODE
SECTION 115800, DECLARING THE URGENCY THEREOF, AND

MAKING A DETERMINATION OF EXEMPTION FROM CEQA

THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds and declares that:

A. The City Council of the City of Covina, California (the “City”) desires to provide its residents with quality recreational opportunities and spaces.

B. The City has developed a public Skate Park at Wingate Park to create a safe and accessible place for residents of Covina and surrounding communities to use skateboards and other wheeled recreational devices in an appropriate, safe, clean and enjoyable environment.

C. California Health and Safety Code Section 115800 requires local public agencies owning or operating a Skate Park facility that will not be supervised on a regular basis to adopt an ordinance requiring any person using the facility to wear a helmet, elbow pads and knee pads and to post that requirement at the Skate Park facility.

D. The City intends to regulate the activities at the Covina Skate Park to ensure it remains a safe, clean, enjoyable environment.

E. Furthermore, the City desires to align the municipal code definition of bicycles with state law to include electric bicycles.

F. California Government Code section 36937(b) authorizes the City Council to adopt, as an urgency measure, an interim ordinance for the immediate preservation of the public peace, health or safety.

G. The urgency ordinance is necessary for the immediate preservation of the public health or safety in that it requires a person riding a skateboard or other wheeled recreational device at the skate park to wear a helmet, elbow pads, and knee pads and provides other regulations designed to preserve public health and safety in the Skate Park that must be in place prior to the opening of the facility.

SECTION 2. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because it adopts rules of conduct for a newly constructed skate park. It is therefore

Ordinance 24-02 Page 2 of 4
exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 3. Section 9.48.010 (Definitions) of Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code is hereby amended by amending paragraph “B” to read as follows:
“B. “Bicycle” means a device upon which any person may ride, propelled exclusively by human power, except as provided in Section 312.5 of the California Vehicle Code, through a belt, chain, or gears, and having one or more wheels. An electric bicycle is a bicycle.” SECTION 4. Section 9.48.010 (Definitions) of Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code is hereby amended by adding a new paragraph “L” to read as follows:
“L. “Other wheeled recreational device” means nonmotorized bicycles, scooters, inline skates, roller skates, or wheelchairs being used for recreational purposes.” SECTION 5. Section 9.48.075 (Bicycles, skates, skateboards prohibited where sign is posted) of Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 9.48.075 Bicycles, skates, skateboards prohibited where sign is posted.

A. It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard or similar coaster device upon any park so long as such sign is posted so as to give reasonable notice of such prohibition.

B. It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard, or similar coaster device upon any park’s walls, steps, stairways, railings, benches, access ramps, driveways or parking lots, except as permitted at the Covina Skate Park as established by regulations in CMC Title 9 Section

9.48.077.”
SECTION 6. Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code is hereby amended to add Section 9.48.077 (Skate Park Regulations) to read as follows:
“Section 9.48.077 Skate Park Regulations
The following regulations apply to the Covina Skate Park (the “Skate Park”) located at Wingate Park at 735 N. Glendora Avenue, Covina, CA 91724. These regulations shall be posted at the Skate Park.

A. This is an unsupervised Skate Park. Use at your own risk.

B. The Skate Park is intended for skateboards, scooters, in-line skates and roller skates.

C. No bicycles, unicycles, tricycles or other wheeled recreational devices, except those expressly authorized in Paragraph B, are permitted in Skate Park, except at times

Ordinance 24-02 Page 3 of 4
when the City has specifically authorized the use and operation of such other wheeled recreational devices at the Skate Park.

D. Metal wheels or any other equipment that could damage the skating surface are prohibited.

E. All users must wear helmets, elbow pads, and knee pads at all times.

F. Users under 12 years of age must be accompanied by an adult.

G. Smoking, vaping, consuming alcohol, and/or using drugs prohibited.

H. Graffiti, tagging, stickers, or etching prohibited.

I. Food, drinks, and glass containers are prohibited inside the Skate Park.

J. Changing, altering, modifying or lubricating permanent apparatuses is prohibited.

K. Introducing additional apparatuses to the Skate Park is prohibited.

L. Use of Skate Park is deemed a hazardous recreational activity, which may result in death, paralysis, brain damage, concussion, broken bones, or other serious injury.

User must be aware of their ability and limits. All users and spectators accept and assume liability for any and all injuries or death.

M. Use of the Skate Park when hazardous conditions exist is prohibited.

N. All organized events must have written approval from the Director.

O. The Skate Park will be open daily from dawn to dark, unless otherwise posted by the Director. No trespassing is allowed when the Skate Park is closed.

P. Persons failing to comply with regulations stated above, including but not limited to failure of a person riding a skateboard or other wheeled recreational device in the facility to wear a helmet, elbow pads, and knee pads, are subject to citation pursuant to Covina Municipal Code section 9.48.330.

Q. The Director is authorized to post additional rules that they determine are necessary for the safe operation of the Skate Park.”
SECTION 7. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Ordinance 24-02 Page 4 of 4
SECTION 8. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective immediately upon adoption pursuant to Government Code Section 36937.

PASSED, APPROVED and ADOPTED this 4
th day of June, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:

____________________________________
CANDICE K. LEE, City Attorney

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, California, do hereby certify that Urgency Ordinance 24-02 was duly approved and adopted at a regular meeting of the City Council on the 4
th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

ATTACHMENT B
ORDINANCE 24-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING SECTIONS 9.48.010 AND 9.48.075 AND ADDING SECTION 9.48.077 TO TITLE 9 OF THE COVINA MUNICIPAL CODE

UPDATING DEFINITIONS AND ESTABLISHING REGULATIONS FOR

THE USE OF THE COVINA SKATE PARK CONSISTENT WITH
CALIFORNIA HEALTH & SAFETY CODE SECTION 115800 AND MAKING

A DETERMINATION OF EXEMPTION FROM CEQA

THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds and declares that:

A. The City Council of the City of Covina, California (the “City”) desires to provide its residents with quality recreational opportunities and spaces.

B. The City has developed a public Skate Park at Wingate Park to create a safe and accessible place for residents of Covina and surrounding communities to use skateboards and other wheeled recreational devices in an appropriate, safe, clean and enjoyable environment.

C. California Health and Safety Code Section 115800 requires local public agencies owning or operating a Skate Park facility that will not be supervised on a regular basis to adopt an ordinance requiring any person using the facility to wear a helmet, elbow pads and knee pads and to post that requirement at the Skate Park facility.

D. The City intends to regulate the activities at the Covina Skate Park to ensure it remains a safe, clean, enjoyable environment.

E. Furthermore, the City desires to align the municipal code definition of bicycles with state law to include electric bicycles.

SECTION 2. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because it adopts rules of conduct for a newly constructed skate park. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 3. Section 9.48.010 (Definitions) of Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code is hereby amended by amending paragraph “B” to read as follows:
“B. “Bicycle” means a device upon which any person may ride, propelled exclusively by human power, except as provided in Section 312.5 of the California Vehicle Code, through a belt, chain, or gears, and having one or more wheels. An electric bicycle is a bicycle.”

Ordinance 24-03 Page 2 of 4
SECTION 4. Section 9.48.010 (Definitions) of Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code is hereby amended by adding a new paragraph “L” to read as follows:
“L. “Other wheeled recreational device” means nonmotorized bicycles, scooters, inline skates, roller skates, or wheelchairs being used for recreational purposes.” SECTION 5. Section 9.48.075 (Bicycles, skates, skateboards prohibited where sign is posted) of Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code is hereby amended to read as follows:
“Chapter 9.48.075 Bicycles, skates, skateboards prohibited where sign is posted.

A. It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard or similar coaster device upon any park so long as such sign is posted so as to give reasonable notice of such prohibition.

B. It is unlawful for any person to ride a bicycle, in-line skates, roller skates, scooter, skateboard, or similar coaster device upon any park’s walls, steps, stairways, railings, benches, access ramps, driveways or parking lots, except as permitted at the Covina Skate Park as established by regulations in CMC Title 9 Section

9.48.077.”
SECTION 6. Chapter 9.48 (Conduct in Parks) of the Covina Municipal Code is hereby amended to add Section 9.48.077 (Skate Park Regulations) to read as follows:
“Section 9.48.077 Skate Park Regulations
The following regulations apply to the Covina Skate Park (the “Skate Park”) located at Wingate Park at 735 N. Glendora Avenue, Covina, CA 91724. These regulations shall be posted at the Skate Park.

A. This is an unsupervised Skate Park. Use at your own risk.

B. The Skate Park is intended for skateboards, scooters, in-line skates and roller skates.

C. No bicycles, unicycles, tricycles or other wheeled recreational devices, except those expressly authorized in Paragraph B, are permitted in Skate Park, except at times when the City has specifically authorized the use and operation of such other wheeled recreational devices at the Skate Park.

D. Metal wheels or any other equipment that could damage the skating surface are prohibited.

E. All users must wear helmets, elbow pads, and knee pads at all times.

F. Users under 12 years of age must be accompanied by an adult.

G. Smoking, vaping, consuming alcohol, and/or using drugs prohibited.

Ordinance 24-03 Page 3 of 4
H. Graffiti, tagging, stickers, or etching prohibited.

I. Food, drinks, and glass containers are prohibited inside the Skate Park.

J. Changing, altering, modifying or lubricating permanent apparatuses is prohibited.

K. Introducing additional apparatuses to the Skate Park is prohibited.

L. Use of Skate Park is deemed a hazardous recreational activity, which may result in death, paralysis, brain damage, concussion, broken bones, or other serious injury.

User must be aware of their ability and limits. All users and spectators accept and assume liability for any and all injuries or death.

M. Use of the Skate Park when hazardous conditions exist is prohibited.

N. All organized events must have written approval from the Director.

O. The Skate Park will be open daily from dawn to dark, unless otherwise posted by the Director. No trespassing is allowed when the Skate Park is closed.

P. Persons failing to comply with regulations stated above, including but not limited to failure of a person riding a skateboard or other wheeled recreational device in the facility to wear a helmet, elbow pads, and knee pads, are subject to citation pursuant to Covina Municipal Code section 9.48.330.

Q. The Director is authorized to post additional rules that they determine are necessary for the safe operation of the Skate Park.”
SECTION 7. Upon the effective date of this Ordinance, Urgency Ordinance 24-02 shall be repealed and of no further force and effect.

SECTION 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 9. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is hereby designated for that purpose.

Ordinance 24-03 Page 4 of 4
PASSED, APPROVED and ADOPTED this ___ day of ____, 20__.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:

____________________________________
CANDICE K. LEE, City Attorney

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 20-03 was introduced for first reading at a regular meeting on the ____ day of ______, 20__.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the _____ day of ______, 20__, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk