§ 21.54.112. Development agreements.
A.
An applicant shall be eligible to apply for a development agreement in accordance with Chapter 21.29 in the event that it is infeasible to comply with the provisions of Section 21.54.160. This development agreement shall be in lieu of the Conditional Use Permit required by Sections 21.54.111, 21.54.140, and 21.54.150.
B.
For the purpose of this Section, an applicant shall be required to demonstrate to the satisfaction of the relevant approval body that it lacks an inventory of non-freeway-oriented billboards eligible for removal such that would satisfy Section 21.54.160. A finding of "infeasibility" is at the discretion of the relevant approval body.
C.
For the purpose of this Section, an applicant shall not be deemed ineligible to apply for a development agreement because the applicant cannot meet the lot size requirement set forth in Section 21.29.020.
D.
All development agreements entered into in accordance with this Section shall contain appropriate standards and public benefits and shall comply with all other requirements and standards imposed by this Chapter, except the conditional use permit requirement of Section 21.54.111. However, the development agreement shall address the Conditional Use Permit findings of Section 21.54.115, and declare whether said findings can be made as part of the determination of appropriate standards and public benefits.
E.
Billboards constructed on property owned by the City or its related agencies may be accomplished by lease or license in lieu of a development agreement, and any reference to a development agreement in this Chapter shall include leases or licenses on such properties.
F.
Any aggrieved applicant or person may appeal the determination of the Planning Commission regarding a finding of infeasibility to the City Council in accordance with the appeal provisions set forth in Chapter 21.21, Division V, of this Title.
G.
In lieu of meeting the removal requirements of Section 21.54.160, the terms of the development agreement shall require the following of the applicant:
1.
For construction of a new freeway-oriented billboard, the applicant shall be required to permanently remove, at a minimum, an existing freeway-oriented billboard or billboards with total display surface area equal to that of the proposed billboard(s). However, a greater removal ratio may be required at the discretion of the approving body.
2.
The applicant shall agree (using a written instrument to the satisfaction of the City Attorney) not to petition or apply to the State of California for the removal or reclassification of the status of a landscaped freeway section within the City of Long Beach (under Sections 2511 or 2512 of the California Code of Regulations).
3.
All new freeway-oriented billboards approved under the development agreement shall be located at least three hundred feet (300') from a Residential, Institutional, or Park zoning district and shall not be adjacent to (as defined in Subsection 21.54.020.D) a landscaped freeway segment, as set forth in Subsection 21.54.120.B.2.
H.
All applicants shall be eligible to apply for a development agreement for the conversion of a freeway-oriented billboard to electronic, including existing billboards located adjacent to a landscaped freeway segment, regardless of the infeasibility requirement of Subsection 21.54.112.B.
( ORD-14-0006 § 1, 2014)