HomeMy WebLinkAbout2015-08-26 e-packet
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting Council
business, we proceed as follows:
The regular meetings of the City Council are held on the second and fourth Wednesday of each month at
7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco,
California.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
RICHARD A. GARBARINO
Mayor
MARK ADDIEGO
Vice Mayor
KARYL MATSUMOTO
Councilwoman
PRADEEP GUPTA
Councilman
LIZA NORMANDY
Councilwoman
FRANK RISSO
City Treasurer
KRISTA MARTINELLI
City Clerk
MIKE FUTRELL
City Manager
STEVEN T. MATTAS
City Attorney
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then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of
City Hall is 400 Grand Avenue, South San Francisco, California 94080.
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICES BUILDING
COUNCIL CHAMBERS
33 ARROYO DRIVE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, AUGUST 26, 2015
7:00 P.M.
REGULAR CITY COUNCIL MEETING AUGUST 26, 2015
AGENDA PAGE 2
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
PRESENTATIONS
Drought Contest Poster Winners. (Leslie Arroyo).
Presentation of New Employees and Promotions. (Mich Mercado, Human Resources
Manager).
Childhood Cancer Awareness Month Proclamation.
Presentation on City History Week. (Leslie Arroyo).
PUBLIC COMMENTS
For those wishing to address the City Council on any Agenda or non-agendized item, please complete a Speaker Card
located at the entrance to the Council Chamber’s and submit it to the City Clerk. Please be sure to indicate the Agenda
Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking
action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred
to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more
comprehensive action or a report. When your name is called, please come to the podium, state your name and address
(optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for
your cooperation.
COUNCIL COMMENTS/REQUESTS
CONSENT CALENDAR
1. Motion approving the Minutes of meetings of July 22, 2015.
2. Motion confirming payment registers for August 26, 2015.
3. Motion to waive reading and Adopt an Ordinance adding Chapter 15.62 to the South San
Francisco Municipal Code relating to expedited permitting process for small residential
rooftop solar systems. (Alex Greenwood, ECD Director).
4. Motion approving the City's response to the Grand Jury Studying Sea Level Rise. (Brian
McMinn, Director of Public Works.)
REGULAR CITY COUNCIL MEETING AUGUST 26, 2015
AGENDA PAGE 3
5. Resolution authorizing the City Manager to execute a Covenant to Restrict Use of Property
at 736 Tennis Drive (Assessor’s Parcel Numbers: 014-041-170 & 014-041-180). (Sam
Bautista, Principal Engineer).
6. Resolution identifying the terms and conditions for Fire Department response away from the
City of South San Francisco, their official duty station, and assigned to an emergency
incident authorized by the Governor's Office of Emergency Services, State of California.
(Gerald Kohlmann, Fire Chief).
7. Resolution authorizing the donation of surplus Fire Engine to the College of San Mateo Fire
Technology Program. (Gerald Kohlmann, Fire Chief).
8. Resolution authorizing the acceptance of $2,300 in donations to support the Library’s
Summer Learning Challenge and amending the Library Department’s 2015-2016 Operating
Budget. (Valerie Sommer, Library Director).
9. Resolution awarding the Construction Contract to Columbia Electric, Inc. of San Leandro,
California for the Evergreen Avenue and Mission Road Traffic Signal and Intersection
Improvement Project in an amount not to exceed $373,125. (Lawrence Henriquez,
Associate Civil Engineer).
10. Resolution awarding the Construction Contract to Mike Brown Electric, Inc. of Cotati,
California for the Grand Avenue and Magnolia Avenue Traffic Signal and Intersection
Improvement Project in an amount not to exceed $390,011. (Lawrence Henriquez,
Associate Civil Engineer).
11. Resolution approving the Memorandum of Understanding (MOU) for the Confidential,
Teamsters Local 856 Unit dated July 1, 2014 through June 30, 2017. (LaTanya Bellow,
Human Resources Director).
12. Resolution re-authorizing an agreement with the County of San Mateo for Communications
Services provided to the South San Francisco Fire Department. (Gerald Kohlmann, Fire
Chief).
13. Resolution approving Amendment No. 19 to the Professional Services Agreement
with Meyers, Nave, Riback, Silver and Wilson. (Steve Mattas, City Attorney).
ADMINISTRATIVE BUSINESS
14. Resolution authorizing the acceptance of $500,000 in Measure A funding from the County
of San Mateo to support the Grand Avenue Library Renovation Project, committing a local
match funding in the amount of $500,000, and authorizing the City Manager to sign grant-
related agreements with the County to secure this funding. (Valerie Sommer, Library
Director; Hon. Supervisor Dave Pine)
REGULAR CITY COUNCIL MEETING AUGUST 26, 2015
AGENDA PAGE 4
15. Resolution awarding the Construction Contract to Southland Construction of Pleasanton,
California, for the Grand Avenue Library Renovation Project in an amount not to exceed
$1,032,423 and rejecting all bid protests. (Sam Bautista, Principal Engineer).
16. Resolution authorizing the acceptance of $75,000 in Measure A grant funding from San
Mateo County to conduct a feasibility study to find an alternative permanent housing site to
replace the Industrial Hotel and authorizing the City Manager to execute a Grant Agreement
with San Mateo County. (Mike Futrell, City Manager).
17. Resolution approving a Purchase and Installation Services Agreement with IPS Group, Inc.
of San Diego, California for the Smart Parking Meters, Installation, and Related Services
Project in an amount not to exceed $522,000. (Dave Bockhaus, Public Works Program
Manager).
18. Resolution approving the purchase of a Quint 103 Foot Aerial Ladder Fire Apparatus in the
amount of $1,033,218.66; and authorizing the City Manager to enter into a Purchase
Agreement with Hi-Tech Emergency Vehicle Services Inc. for the purchase and
construction of a Quint 103 Foot Aerial Ladder Fire Apparatus; and approve the purchase of
tools and equipment related to this apparatus purchase not to exceed a combined total of
$1,100,000.00. (Gerald Kohlmann, Fire Chief).
19. Resolution amending the Fiscal Year 2015-16 Adopted Budget in an amount not to exceed
$360,000 for purchase of a new ambulance and associated equipment. (Gerald Kohlmann,
Fire Chief).
20. Centennial Village
SHAMAIN PARTNERSHIP/Owner
WT Mitchell Group, Inc/Applicant
180 EL CAMINO REAL
P11-0065: DA13-0002
Centennial Village Development Agreement Amendment - First Amendment to the
Development Agreement between the City of South San Francisco and El Camino and
Spruce, LLC (“First Amendment”) for the previously entitled Centennial Village Project to
allow a 7-month extension to the timeframe to commence construction of the project at 180
El Camino Real in the El Camino Real Mixed Use Zoning District in accordance with
SSFMC Chapters 19.60 & 20.090. (Billy Gross, Senior Planner).
REGULAR CITY COUNCIL MEETING AUGUST 26, 2015
AGENDA PAGE 5
PUBLIC HEARING
21. Digital Billboards
Park N Fly/Owner
Clear Channel Outdoor/Applicant
101 Terminal Ct
P12-0021: ZA12-0001, GPA15-0002, DA15-0001, SIGNS12-001, DR12-0008 & ND12-
0002
Digital Billboards – Zoning Text Amendment to SSFMC Chapter 20.360 Signs to allow
approval of Digital Billboards pursuant to a Relocation Agreement, General Plan
Amendment to revise the East of 101 Area Plan Design Elements related to Billboards, and
Billboard Development including a Development Agreement, A Relocation Agreement, an
Amendment to a Relocation Agreement, Sign Permit, Design Review and Initial
Study/Mitigated Negative Declaration in order to allow for the installation of a 70 foot tall,
double-faced, Digital Billboard on property located at 101 Terminal Court in exchange for
the removal of one double-sided billboard along El Camino Real, and to allow an existing
double-faced, Static Billboard on property located at the intersection of Dubuque Avenue
and Grand Avenue to be increased in height by 20 Feet, together with other considerations,
in accordance with SSFMC Chapters 20.360, 20.540 And 20.550. (Bill Gross, Senior.
Planner).
Continued from July 8, 2015 Meeting.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
ADJOURNMENT
Staff Report
DATE: August 26, 2015
TO: Mayor, Vice Mayor and Councilmembers
FROM: Alex Greenwood, Director of Economic and Community Development
SUBJECT: CENTENNIAL VILLAGE DEVELOPMENT ADMINISTRATIVE AGREEMENT
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SOUTH SAN FRANCISCO AND EL CAMINO AND SPRUCE, LLC (“FIRST
AMENDMENT”) FOR THE PREVIOUSLY ENTITLED CENTENNIAL VILLAGE
PROJECT TO ALLOW A 7-MONTH EXTENSION TO THE TIMEFRAME TO
COMMENCE CONSTRUCTION OF THE PROJECT AT 180 EL CAMINO REAL IN
THE EL CAMINO REAL MIXED USE ZONING DISTRICT IN ACCORDANCE
WITH SSFMC CHAPTERS 19.60 & 20.090.
Applicant: El Camino and Spruce LLC
Property Owner: Shamain Partnership
Site Address: 180 El Camino Real (APN 014-183-110)
Case Nos. P11-0065: DA13-0002 & DAA15-0001
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving an Administrative Agreement
Amendment to the Development Agreement for the Centennial Village Project at 180 El Camino Real.
BACKGROUND/DISCUSSION
On March 12, 2014, after review by the Design Review Board and Planning Commission, the City
Council approved a Use Permit, Design Review, Transportation Demand Management Plan (TDM),
and Development Agreement to allow the construction of a mixed-use project including approximately
222,000 square feet of commercial space, up to 284 residential units, a parking structure and surface
parking, and other on- and off-site improvements (Project). The entitlement approvals also included
adoption of Mitigated Negative Declaration (MND) with a Mitigation Monitoring and Reporting
Program.
Proposed Revisions to the Project Plans
In the process of developing the building permit drawings to construct the project, the applicant has
worked in concert with a residential developer to revise the general layout of the residential units.
Revisions include:
• Wrapping apartments around the parking structures to allow residents to park on the same level
as they live. Based on this revision, residential units will only be located above Safeway and
Building E, and no longer above Major 2 or the Health Club.
Staff Report
Subject: Centennial Village – Administrative Agreement Amendment
Date: August 26, 2015
Page 2 of 4
• Revising the residential unit layout to provide all units with views to roof-top open space areas.
• Moving the underground parking from below Safeway to below the main parking field,
providing more convenient parking for buildings along the periphery of the site.
Figure 1. Centennial Village – Revised Aerial View
The proposed modifications to the project design are in keeping with the original vision for the project,
and will result in a development that better addresses the needs of both residents and the public. Staff
supports the modifications as proposed.
Administrative Agreement Amendment (“Administrative Amendment”)
As part of the Project approvals, the City and the applicant negotiated a Development Agreement to
clarify and obligate several Project features and mitigation measures, including the timeframe in which
construction of Phase 1 would commence after final approval by the City was granted.
Subsequent to obtaining entitlements for the Project, the applicant has completed conceptual and
schematic design phases and is currently in the design development phase. Because the applicant is
preleasing retail space prior to construction, additional coordination is required with each of the
potential tenants, which has resulted in a longer design development phase than initially anticipated.
Therefore, the applicant is requesting minor modifications to the Development Agreement that would
revise the commencement date of Phase 1 construction from 18 months (which would occur on
September 26, 2015) to 27 months (which would occur on June 26, 2016). The applicant is also
requesting minor revisions to the description of the improvements required as part of the Phase 1
construction, in keeping with the proposed revisions to the project plans discussed above. No other
changes to the DA are proposed at this time. The proposed amended language is shown below in
strikeout/underline format:
Section 6.13(a)(i). Phase 1 construction will begin within 1827 months after final approval by the
City of all discretionary approvals of the overall plan, and the passage of all applicable statutes of
limitations without legal challenge and will include:
• All commercial buildings except Building E.
• All subterranean parking under the main surface parking lot Safeway/Major 2.
• Phase 1 Parking GarageSecond floor parking above Safeway/Major 2.
• A minimum of 150 apartment units above Safeway/Major 2.
Staff Report
Subject: Centennial Village – Administrative Agreement Amendment
Date: August 26, 2015
Page 3 of 4
• All current site improvements and design features.
• No change to building architecture as approved by the City Council per DR11-0019.
• Structural/foundation enhancements for Health Club building sufficient to support approved
residential construction and associated parking above.
• The second story of Buildings C and/or D may consist of exterior walls and roof only, as shown
on the plans approved concurrently herewith.
• Developer must apply for the building permit for the Phase 1 Safeway/Major 2 commercial
building, not including CVS concurrently with the building permit for the 150 Phase 1
residential units; the Safeway/Major 2 commercial building not including CVS and 150 unit
residential building permits will only be issued concurrently.
• The City shall not be obligated to issue any certificate of occupancy for the Phase 1
Safeway/Major 2 commercial building until construction of Phase 1 residential units, defined as
vertical wall framing of the residential units, has commenced.
Section 7.02(a) of the Development Agreement provides that amendments to the DA that do not
substantially affect (i) the term of the DA, (ii) permitted uses of the Project Site, (iii) provisions for the
reservation or dedication of land, (iv) conditions, terms, restrictions or requirements for subsequent
discretionary actions, (v) the density or intensity of use of the Project Site, or (vi) or monetary
contributions by the Developer, can be approved by City Council resolution as an “Administrative
Agreement Amendment.” None of these conditions exist here, and therefore, an Administrative
Agreement Amendment is appropriate. The proposed Administrative Amendment is attached as Exhibit
A to the Resolution. If the City Council approves the Administrative Amendment, the applicant
anticipates the following schedule for development of the project:
• Submittal of Building Permit Drawings October 2015
• Demolition of existing buildings on site December 2015
• Commencement of Construction of Phase 1 March 2016
GENERAL PLAN CONFORMITY AND ZONING CONSISTENCY
The Project site is designated El Camino Real Mixed Use within the General Plan. The site is also
located within the El Camino Real Mixed Use Zone District, which provides zoning for high-intensity
active uses and mixed-use development. The Project is consistent with the guiding and implementing
policies in the General Plan by creating a mixed-use environment within the required FAR parameters
that emphasizes pedestrian-activity with buildings built up to the sidewalk along El Camino Real and
South Spruce Ave, provides a well-articulated and visually engaging development that implements the
goals of the Grand Boulevard Initiative and locates parking in a way that is not visually dominant. The
Project remains consistent with all development standards of the District.
ENVIRONMENTAL REVIEW
An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Project and was
circulated on April 12, 2013 for a 30-day review period. A total of six comment letters were received
from commenting agencies, but no significant environmental issues were raised.
Attachment 1
Draft Resolution
Exhibit A: Administrative Agreement Amendment to the Development Agreement
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RESOLUTION NO._________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION APPROVING AN ADMINISTRATIVE
AGREEMENT AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR THE DEVELOPMENT OF A 14.5 ACRE SITE
FOR THE CENTENNIAL VILLAGE AT 180 EL CAMINO REAL
PROJECT IN THE EL CAMINO REAL MIXED USE (ECRMX)
ZONING DISTRICT
WHEREAS, El Camino and Spruce LLC (“Owner” or “Applicant”) received entitlements
for a mixed-use project on an approximately 14.5 acre site located at 180 El Camino Real; and,
WHEREAS, on March 26, 2014, after conducting all proceedings and making all
findings necessary for the valid adoption and execution of a development agreement for the
Property in accordance with Government Code Sections 65864 through 65869.5, the California
Environmental Quality Act (“CEQA”), and Chapter 19.60 of the Municipal Code, the City
Council adopted Ordinance No. 1485-2014, approving and adopting a development agreement
for the property at 180 El Camino Real (“Property”); and,
WHEREAS, Applicant and City entered into a certain Development Agreement for the
Centennial Village Project to permit the development of the Property with approximately
220,000 square feet of commercial/retail space and up to 284 residential rental units (“Project”),
as approved and adopted by the City Council; and,
WHEREAS, Applicant has submitted a request for an Administrative Agreement
Amendment to the Development Agreement to the City to allow for minor modifications to the
mixed-use development within the Project; and,
WHEREAS, the City Council adopted an Initial Study/Mitigated Negative Declaration
(“IS/MND”) on February 26, 2014 in accordance with the provision of the California
Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA
Guidelines, which analyzed the potential environmental impacts of the Project; and,
WHEREAS, Section 7.02(a) of the Development Agreement provides that amendments
to the Development Agreement that do not substantially affect: (i) the term of the DA, (ii)
permitted uses of the Project Site, (iii) provisions for the reservation or dedication of land, (iv)
conditions, terms, restrictions or requirements for subsequent discretionary actions, (v) the
density or intensity of use of the Project Site, or (vi) or monetary contributions by the Developer,
can be approved by City Council resolution as an Administrative Agreement Amendment; and
WHEREAS, none of these conditions exist here, and therefore, an Administrative
Agreement Amendment is appropriate and can be approved by City Council resolution; and
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WHEREAS, the modifications to the mixed-use development contemplated in the
Administrative Agreement Amendment to the Development Agreement are minor in nature, the
approval of which would not result in any new significant environmental effects or a substantial
increase in the severity of any previously identified effects beyond those disclosed and analyzed
in the IS/MND adopted by City Council, nor does the Administrative Agreement Amendment to
the Development Agreement constitute a change in the Project or change in circumstances that
would require additional environmental review.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, the California Environmental Quality Act, Public
Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of
Regulations §15000, et seq.; the South San Francisco General Plan, General Plan EIR and South
El Camino Real General Plan Amendment EIR; the South San Francisco Municipal Code; the
Project applications; all site plans, reports, minutes, and public testimony submitted as part of the
City Council’s duly noticed August 26, 2015 meeting; and any other evidence (within the
meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of
South San Francisco hereby finds as follows:
A. The foregoing recitals are true and correct and made a part of this Resolution.
B. The Exhibit attached to this Resolution, the proposed Administrative Agreement
Amendment to the Development Agreement (Exhibit A), is incorporated by reference and made
a part of this Resolution, as if set forth fully herein.
C. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra.
D. The Administrative Agreement Amendment, in conjunction with the
Development Agreement, attached hereto as Exhibit A, sets forth the duration, property, project
criteria, and other required information identified in Government Code section 65865.2. Based
on the findings in support of the Project, the City Council finds that the Administrative
Agreement Amendment, in conjunction with the Development Agreement, vesting a project for a
mixed-use development of commercial and residential uses, is consistent with the objectives,
policies, general land uses and programs specified in the South San Francisco General Plan and
any applicable zoning regulations.
E. The Administrative Agreement Amendment, in conjunction with the
Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for the land use district in which the real property is located. The subject site is
suitable for the type and intensity of the land use being proposed. The General Plan includes
policies and programs that are designed to redevelop low-intensity commercial uses to
pedestrian-oriented high intensity mixed use development, encourage concentrated higher-
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intensity activity on highly visible locations, promote visually intricate development, and provide
space for enhanced pedestrian connections, require development to be oriented to El Camino
Real and the suitability of the site for development was analyzed thoroughly in the
environmental document prepared for the Project.
F. The Administrative Agreement Amendment, in conjunction with the
Development Agreement is in conformity with public convenience, general welfare and good
land use practice in that the project will implement land use guidelines set forth in the General
Plan which has planned for high intensity mixed use development at this location.
G. The Administrative Agreement Amendment, in conjunction with the
Development Agreement will not be detrimental to the health, safety and general welfare
because the project will proceed in compliance with all of the policies and programs specified in
the General Plan and in compliance with all applicable zoning, subdivision, and building
regulations of the City of South San Francisco.
H. The Administrative Agreement Amendment, in conjunction with the
Development Agreement will not adversely affect the orderly development of property or the
preservation of property values in that the project will be consistent with the General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of South San Francisco hereby makes the findings contained in this Resolution and approves the
Administrative Agreement Amendment to the Development Agreement between the City of
South San Francisco and El Camino and Spruce, LLC, attached hereto as Exhibit A and
incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council further authorizes the City Manager
to execute the Administrative Agreement Amendment to the Development Agreement, on behalf
of the City, in substantially the form attached as Exhibit A, and to make minor revisions to such
Agreement, subject to the approval of the City Attorney, which do not materially or substantially
increase the City’s obligations thereunder.
BE IT FUTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the forgoing resolution was adopted by the City Council of the City of South
San Francisco at the regular meeting held on the 26th day of August, 2014 by the following vote:
AYES:________________________________________________________________
NOES:________________________________________________________________
ABSTENTIONS:________________________________________________________
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ABSENT:______________________________________________________________
Attest:__________________________________
City Clerk
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Exhibit A
Administrative Agreement Amendment to the Development Agreement
2509481.1
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ADMINISTRATIVE AGREEMENT AMENDMENT TO DEVELOPMENT
AGREEMENT
This Administrative Agreement Amendment to the Development Agreement
(“Administrative Agreement Amendment”) is entered into by and between EL CAMINO AND
SPRUCE LLC (“Developer”) and the CITY OF SOUTH SAN FRANCISCO, a municipal
corporation (“City”) on this _____ day of _________________, 2015.
RECITALS
A.On March 26, 2014, the City Council adopted Ordinance No. 1485-2014 (“Ordinance”)
concerning a Development Agreement between City and Developer (“Development Agreement”).
The executed Development Agreement was recorded on April 16, 2015 (Doc. 2015-032685).
B.On ______, the City Council held a public hearing on the proposed Administrative
Agreement Amendment to the Development Agreement and adopted Ordinance No. ______.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
herein contained, the City and Developer agree as follows:
AMENDMENT TO AGREEMENT
1.Recitals. The foregoing recitals are true and correct and hereby incorporated herein.
2.Defined Terms. All capitalized terms not defined herein shall have the meanings ascribed
to them in the Development Agreement.
3.Section 6.03. Section 6.03 of the Development Agreement is hereby amended to read as
follows, with additions underlined and deletions in strikethrough text:
Section 6.03. Applicable Law. The rules, regulations, official policies, standards and
specifications applicable to the Project (the “Applicable Law”) shall be those set forth
in this Agreement, the Administrative Agreement Amendment and the Project
Approvals and Subsequent Approvals, and with respect to matters not addressed by this
Agreement as amended or the Project Approvals or Subsequent Approvals, those rules,
regulations, official policies, standards and specifications (including City ordinances and
resolutions) governing permitted uses, building locations, timing of construction,
densities, design, heights, fees, exactions, and taxes in force and effect on the Effective
Dates of this Agreement.
4.Section 6.13(a)(i). Section 6.13(a)(i) of the Development Agreement is hereby amended to
read as follows, with additions underlined and deletions in strikethrough text:
Section 6.13(a)(i). Phase 1 construction will begin within 1827 months after final
approval by the City of all discretionary approvals of the overall plan, and the passage
of all applicable statutes of limitations without legal challenge and will include:
•All commercial buildings except Building E.
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• All subterranean parking under the main surface parking lot Safeway/Major 2.
• Phase 1 Parking GarageSecond floor parking above Safeway/Major 2.
• A minimum of 150 apartment units above Safeway/Major 2.
• All current site improvements and design features.
• No change to building architecture as approved by the City Council per
DR11-0019.
• Structural/foundation enhancements for Health Club building sufficient to
support approved residential construction and associated parking above.
• The second story of Buildings C and/or D may consist of exterior walls and
roof only, as shown on the plans approved concurrently herewith.
• Developer must apply for the building permit for the Phase 1 Safeway/Major
2 commercial building, not including CVS concurrently with the building
permit for the 150 Phase 1 residential units; the Safeway/Major 2 commercial
building not including CVS and 150 unit residential building permits will only
be issued concurrently.
• The City shall not be obligated to issue any certificate of occupancy for the
Phase 1 Safeway/Major 2 commercial building until construction of Phase 1
residential units, defined as vertical wall framing of the residential units, has
commenced.
5. Effect of this Administrative Agreement Amendment. Except as expressly modified by
this Administrative Agreement Amendment, the Development Agreement shall continue in
full force and effect according to its terms, and Developer and City hereby ratify and affirm
all their respective rights and obligations under the Development Agreement, including but
not limited to Developer’s indemnification obligations as set forth in Section 10.10 of the
Development Agreement. In the event of any conflict between this Administrative
Agreement Amendment and the Development Agreement, the provisions of this
Administrative Agreement Amendment shall govern.
6. Binding Agreement. This Administrative Agreement Amendment shall be binding upon
and inure to the benefit of the heirs, administrators, executors, successors in interest, and
assigns of each of the parties hereto. Any reference in this Administrative Agreement
Amendment to a specifically named party shall be deemed to apply to any successor,
administrator, executor, or assign of such party who has acquired an interest in compliance
with the terms of this Administrative Agreement Amendment or under law.
7. Recordation: The City shall record a copy of this Administrative Agreement Amendment
within ten (10) days following execution by all parties.
8. Counterparts. This Administrative Agreement Amendment may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, when taken
together, shall constitute the same document.
9. California Law. This Administrative Agreement Amendment shall be governed by and
interpreted in accordance with the laws of the State of California.
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10. Invalidity. Any provision of this Administrative Agreement Amendment that is
determined by a court of competent jurisdiction to be invalid or unenforceable shall be
deemed severed from this Administrative Agreement Amendment, and the remaining
provisions shall remain in full force and effect as if the invalid or unenforceable provision
had not been a part hereof
11. Headings. The headings used in this Administrative Agreement Amendment are for
convenience only and shall be disregarded in interpreting the substantive provisions of this
Administrative Agreement Amendment.
IN WITNESS WHEREOF, this Administrative Agreement Amendment has been entered into by
and between Developer and City as of the date and year first above written.
EL CAMINO AND SPRUCE LLC CITY OF SOUTH SAN
FRANCISCO
By: _____________________ By: ___________________
Name: __________________
Title: ____________________
Date: ___________________ Date: _________________
APPROVED AS TO FORM:
By: ___________________
Steven T. Mattas
City Attorney
ATTEST:
By: ____________________
Krista J. Martinelli, City Clerk
2351489.1
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Attachment 2
Original Development Agreement
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Attachment 3
Centennial Village Comparison Project Plans
61
Cover SheetA Transit Oriented Development South San Francisco
Sub Total
HUMPHREYS & PARTNERSARCHITECTS, L.P.2350 SE Bristol St Suite 310Newport Beach, CA 92660949.955.9400949.955.1897 fax
View to Building E looking East
Sheet Index Vicinity Map Project Team
2.15.15
Architect
Johnson Lyman Architects1375 Locust St., #202Walnut Creek, CA 94596925.930.9690925.930.9039 fax
Majors 1,2,3
Health Club
Shops A,B,C,D,E (1st Level)
Major 3 & Shops A,B,C,D (2nd Level)
AreaBuilding
Sub Total
Retail/Office
F.A.R.
Developer A1
A1B
A1C
A1D
A1E-PH1
A1E
A2
A2A
A2B
A2C
L1-PH1
L1-PH2
L2
L3
A3
A4-PH1
A4
Project Summary - Final Phase
Required area =42,600 sf (284 units@150sf/unit)
Total Building Area
w/out parking structure
Provided area =55,400 sf (outdoor courtyard)
North
137 cars
Active uses(Grd Lvl uses-no office) = 182,170 sf
Active Use FAR:
Total Bike stalls provided
Usable Open space for Residential
Alan D. DibartolomeoUrban Developers, Inc3380 Vincent Road, Suite HUBPleasant Hill, CA 94523949.278.6099
Ground Level Area = 182,170 sf (30% coverage)
36 cars
1,343 cars
204 cars
Civil Engineer
WT Mitchell Group3380 Vincent Road, Ste HUBWalnut Creek, CA 94523(925) 988-8033(925) 988-8032 fax
Health Club
Building E
Apartments
over retail
.93
95,670 sf
36,000 sf
50,500 sf
35,327 sf
217,497 sf
Apartments (284 units on 4 Levels)
Landscape Architect
PLS Partners, Inc.2470 Mariner Square LoopAlameda, CA 94501925.270.1510
24 cars
20 Bikes
Thomas Baak & Assoc.1620 North Main, #4Walnut Creek, CA 94596925.933.2583925.933.0242 fax
72 cars
Apartments
Corridor/Common area
Podium Area
Rootop area
247,016 sf
68,827 sf
29,400 sf
26,000 sf
FAR:
Site Area
1,443 cars
36 Two Bdrm>1100sf (2.0 cars/unit)
Parking
Retail/Office 217,497 sf (250 sf/car) = 870 cars
24 Studio units (1.5 cars/unit)
136 One Bdrm units (1.5 cars/unit)
12 Three Bdrm units (2.0 cars/unit)
(210 cars - Basement Level)
Total cars provided
(448 cars - Ground Level)
(785 cars - Parking Structure)
76 Two Bdrm <800sf (1.8 cars/unit)
Total cars required
371,243 sf
588,740 sf
Bldg Area w/out parking structure = 588,740 sf
14.5 acres (631,700 sf)
.29
Cover Sheet
Rendering
Rendering
Aerial View
Aerial View
Rendering
Ground Level
Second Level Plan
Third - Fifth Level Plan
Roof Plan
Landscape Plan - Phase 1
Landscape Plan - Phase 2
Landscape Podium Plans
Landscape Podium Plans
Elevations
Phased Elevations
Elevations
Elevations
Elevations
Elevations
Elevations
Elevations
Elevations
Elevations
Sections
Site Plan - Phase 1
Site Plan - Phase 2
Grading Plan
Utility Plan
Stormwater Plan
Phase 1 Plan
Existing Survey
A5
A6
A7
A8
A9
A10
A11
A12
C3.1
C3.2
C4.1
C5.1
C6.1
P1
C1
Landscape Area = 53,797 sf (9% coverage)
Site
62
JOHNSON
LYMAN
ARCHITECTS
1375 Locust Street, #202, Walnut Creek, CA 94596
925.930.9690 930.9039 fax
Building E
Apartments
over retailApartments
over Health Club
Landscape Architect
Cover Sheet
Centennial Village
A Transit Oriented Development South San Francisco
Thomas Baak & Assoc.
1620 North Main, #4
Walnut Creek, CA 94596
925.933.2583
925.933.0242 fax
Sub Total
Project Description
The design statement respects the historic tradition of South San Francisco, and recall the imagery of
those architectural styles.
The buildings at the corner of Spruce and El Camino create a nice urban statement, with two story
building forms that define the street edge and a nice presentation to the passerby, and also provide a
prominent node for the project. A mix of Victorian and more classical elements are incorporated here.
This theme is continued for the apartments on the east side above the retail and is broken down
architecturally to create interest along the façade, including the tower element on the south side of the
building as a landmark feature...
The retail buildings create the south edge of the project continuing down to El Camino Real
The buildings are further broken down with varied materials including a mix of stucco with a varied mix
of colors, roof tiles, fabric awnings, which all blend into the urban fabric and context.
Pedestrian amenities are another critical component of the project, and we have indicated decorative
lights, benches, decorative signage, street trees, etc.
View to Building E looking East
Sheet Index Vicinity Map Project Team
222,497 sf
Johnson Lyman Architects
1375 Locust St., #202
Walnut Creek, CA 94596
925.930.9690
925.930.9039 fax
Architect
Civil Engineer
Pacific Land Services
2151 Salvio St., Suite S
Concord, CA 94520
925.680.6406 ext. 18
Fax 924.680 6407
Majors 1,2,3
Health Club
Shops A,B,C,D,E (1st Level)
Major 3 & Shops A,B,C,D (2nd Level)
Provided area =47,735 sf (outdoor courtyard)
AreaBuilding
Sub Total
Parking
Total cars provided
Retail/Office Retail/Office 222,497 sf (250 sf/car) = 890 cars
A1
Total cars required
Usable Open space for Residential
Developer
Project Summary - Final Phase
100,670 sf
36,000 sf
50,500 sf
35,327 sf
Total Building Area
w/out parking structure Ground Level Area = 187,170 sf (30% coverage)
North 14.5 acres (631,700 sf)
FAR:
Site Area
F.A.R.
47 One Bdrm @ 800 sf x 3 levels
42 Two Bdrm @1,100 sfx 3 levels
Corridor/Common area x 3 levels
Podium Plaza area Bldg Area w/out parking structure = 659,170 sf
112,800 sf
138,600 sf
137,538 sf
47,735 sf
141 One Bdrm units (1.5 cars/unit)212 cars
126 Two Bdrm units (1.8 cars/unit)227 cars
1,329 cars
Apartments (267 units on 3 Levels)
1.04
Required area =40,050 sf (267 units@150sf/unit)
436,673 sf
659,170 sf
.30Active Use FAR:
Active uses(Grd Lvl uses-no office) = 187,170 sf
Landscape Area = 68,200 sf (11% coverage)
WT Mitchell Group
3380 Vincent Road, Ste HUB
Walnut Creek, CA 94523
(925) 988-8033
(925) 988-8032 fax
1,369 cars
Total Bike stalls provided 20 Bikes
(557 cars - Ground Level)
(657 cars - Parking Structure)
(155 cars - Basement Level)
A1
A1A
PH1
A1B
A1C
A1D
A1E-PH1
A1E
A1F
A2
A2A
A2B
L1
L2
L2A
L2B
L3
A3
A4-PH1
A4
A5-PH1
A5
A6
A7
A8
A9
A10
A11
A12
CB
SE1
C4.1
C5.1
C6.1
C1
P1
PH2
Phased Elevations
Elevations
Elevations
Elevations
Elevations
Elevations
Elevations
Elevations
Sections
Color/Materials
Lighting Plan
Grading Plan
Utility Plan
Stormwater Plan
Existing Survey
Phase 1 Plan
Existing Photos
Cover Sheet
Site Aerial
Context Photos
Rendering
Rendering
Rendering
Aerial View - PH1
Aerial View
Rendering
Ground Level
Second Level Plan
Third Level Plan
Landscape Plan
Landscape Plan
Landscape Plan Enlarged
Landscape Plan Enlarged
Landscape Detail
Elevations
Phased Elevations
Elevations
3.1.14
Site
63
64
65
Aerial View from Intersection
Spruce Avenue El Cami no Rea l
Spr u ce Av en ue
View looking south
2.15.15A Transit Oriented Development South San Francisco
66
JOHNSON
LYMAN
ARCHITECTS
1375 Locust Street, #202, Walnut Creek, CA 94596
925.930.9690 930.9039 fax
A1E
View looking south
Aerial View from Intersection
Spruce Avenue
S p r u c e Av en ue
El Camino Real
8.1.13
E l Ca m i n o R eal
Centennial Village
A Transit Oriented Development South San Francisco
67
JOHNSON
LYMAN
ARCHITECTS
1375 Locust Street, #202, Walnut Creek, CA 94596
925.930.9690 930.9039 fax
A3Centennial Village
A Transit Oriented Development South San Francisco
West Elevation
Stores E & Apartments
Entry to parking
area
Spruce
Avenue
West Elevation
Health Club & Apartments
Entry to parking
area
2.1.15
Proposed Design
Match Line
See Below
Match
Line
1" = 10'
1" = 10'
68
JOHNSON
LYMAN
ARCHITECTS
1375 Locust Street, #202, Walnut Creek, CA 94596
925.930.9690 930.9039 fax
A3
Plaster
with sand finish
Tile roof
Centennial Village
A Transit Oriented Development South San Francisco
Decorative
Trim Decorative
Cornice
90' 0"
West Elevation
Stores E & Apartments
Fabric
Awning
Match
Line
Entry to parking
area
66'0"
Spruce
Avenue
Building E
Fabric
Awning
57'0"
West Elevation
Health Club & Apartments
Metal Balcony
Tile
RoofPlaster
Finish
Entry to parking
area
74'0"
Decorative
Cornice
Parking Structure
66'0"
Match Line
See Below
Courtyard
64'0"
8.1.13
1" = 10'
1" = 10'
69
Centennial Village
A Transit Oriented Development South San Francisco
JOHNSON
LYMAN
ARCHITECTS
1375 Locust Street, #202, Walnut Creek, CA 94596
925.930.9690 930.9039 fax
A4
Apartment Entry
90'0"
52'0"
Decorative
Cornice
North Elevation
Apartment Entry
North Elevation
Tile Roof
2.1.15
Safeway Major 2
Tile Roof
Apartment Entry
90'0"
Safeway Major 2
Proposed Design
Safeway/Major 2 1" = 10'
Safeway/Major 2 1" = 10'
70
Centennial Village
A Transit Oriented Development South San Francisco
JOHNSON
LYMAN
ARCHITECTS
1375 Locust Street, #202, Walnut Creek, CA 94596
925.930.9690 930.9039 fax
69'0"
90'0"
Tile Roof
Apartment Entry
70'0"
65'0"
90'0"
52'0"
Major 2 Loading
Area
A4
Parking Structure
North Elevation
Apartment Entry
North Elevation
Safeway
3.15.12
Decorative
Cornice
Apartment Entry
71'0"
Tile Roof
SafewayMajor 2
Decorative
Rail
Fabric
Awning
SafewayMajor 2
Safeway/Major 2 1" = 10'
Safeway/Major 2 1" = 10'
71
Attachment 4
Powerpoint Presentation
72
City Council Meeting
August 26, 2015
73
74
75
Approved Project
Revised Project
76
•Phase 1 Commencement Date Revised from
September 26, 2015 to June 26, 2016
•Minor revisions to description of Phase 1
improvements
77
That the City Council conduct a public
hearing and Adopt a Resolution approving an
Administrative Agreement Amendment to the
Development Agreement for the Centennial
Village Project at 180 El Camino Real.
78
Staff Report
DATE: August 26, 2015
TO: Mayor, Vice Mayor and Councilmembers
FROM: Alex Greenwood, Director of Economic and Community Development
SUBJECT: DIGITAL BILLBOARDS – ZONING TEXT AMENDMENT TO SSFMC CHAPTER
20.360 SIGNS TO ALLOW APPROVAL OF DIGITAL BILLBOARDS PURSUANT TO
A RELOCATION AGREEMENT, GENERAL PLAN AMENDMENT TO REVISE THE
EAST OF 101 AREA PLAN DESIGN ELEMENTS RELATED TO BILLBOARDS, AND
BILLBOARD DEVELOPMENT INCLUDING A DEVELOPMENT AGREEMENT, A
RELOCATION AGREEMENT, AN AMENDMENT TO A RELOCATION
AGREEMENT, SIGN PERMIT, DESIGN REVIEW AND INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION IN ORDER TO ALLOW FOR
THE INSTALLATION OF A 70 FOOT TALL, DOUBLE FACED, DIGITAL
BILLBOARD ON PROPERTY LOCATED AT 101 TERMINAL COURT IN
EXCHANGE FOR THE REMOVAL OF ONE DOUBLE-SIDED BILLBOARD ALONG
EL CAMINO REAL, AND TO ALLOW AN EXISTING DOUBLE FACED, STATIC
BILLBOARD ON PROPERTY LOCATED AT THE INTERSECTION OF DUBUQUE
AVENUE AND GRAND AVENUE TO BE INCREASED IN HEIGHT BY 20 FEET,
TOGETHER WITH OTHER CONSIDERATIONS, IN ACCORDANCE WITH SSFMC
CHAPTERS 20.360, 20.540 AND 20.550.
Applicant/Owner: Clear Channel Outdoor LLC
Address: 101 Terminal Court (APN: 015-113-240) and the intersection of
Dubuque Avenue and Grand Avenue (APN: 872-41-261)
Case Nos.: P12-0021: ZA12-0001, DR12-0008, SIGNS12-0013, DA15-0001,
ND12-0002 & GPA15-0002
RECOMMENDATION
It is recommended that the City Council follow the recommendation of the Planning Commission
and take the following actions:
1. Adopt a Resolution making findings and adopting Initial Study/Mitigated Negative
Declaration ND12-0002; and,
2. Introduce an Ordinance making revisions to Chapter 20.360 of the South San Francisco
Municipal Code, related to Signs, and waive further reading; and,
3. Adopt a Resolution making findings and approving Planning Project P12-0021, including
Area Plan Amendment GPA15-0002, Relocation Agreement, Amendment to a Relocation
Agreement, Design Review DR12-0008 and Sign Permit SIGNS12-0013, based on the draft
findings and subject to the attached draft conditions of approval.; and,
4. Introduce an Ordinance adopting a Development Agreement for the installation of a 70 foot
tall, double faced digital billboard and to allow an existing double faced static billboard to be
increased in height by 20 feet.
Staff Report
Subject: Clear Channel Billboards
Date: August 26, 2015
Page 2 of 4
BACKGROUND
July 8th Staff Report and Discussion
The July 8, 2015 City Council Staff Report (without attachments) is attached for background on the
project. At that meeting, Council commented on the “City of South San Francisco” branding proposed
under the digital billboard, about any rights the City has if a proposed development would be of a height
to obstruct the signs, and requested that staff provide a map showing where the three proposed digital
billboards that would be allowed under the proposed zoning amendments would be located. The Council
continued the public hearing to the regularly scheduled meeting of August 26, 2016.
DISCUSSION
Proposed Digital Billboard Locations
The following graphic shows the areas where digital billboards could be allowed subject to the proposed
zoning ordinance amendment. The areas in red indicate locations that would conform with the proposed
zoning regulations by being located in non-residential districts west of US 101, and per State
requirements are located a minimum of 500 feet from an existing static billboard and 1000 feet from the
proposed Clear Channel digital billboard.
Figure 1: Proposed Digital Billboard Locations
Staff Report
Subject: Clear Channel Billboards
Date: August 26, 2015
Page 3 of 4
Impacts of Approving Future Development that may Obstruct Signage
Based on Council’s feedback, the applicant has provided an image that depicts the view corridor of the
proposed digital billboard. If any development were approved that were within this view corridor, the
annual payment obligations would no longer be required.
Figure 2: Proposed Digital Billboard Sight Lines
DEVELOPMENT AGREEMENT
No changes to the proposed Development Agreement have been made, and therefore the following
general terms would continue to apply. The full document is attached (Attachment 4 Exhibit A).
Development Agreement Term
The term of the DA would be 30 years.
Fees and Taxes
The DA includes provisions that obligate Clear Channel to pay the City an annual amount of $80,000 for
the digital billboard ($40,000 per face) and $60,000 for the static billboard. In the event that the City
adopts a gross receipts based business license tax in the future, Clear Channel’s annual payment of such
gross receipts tax would be deducted from Clear Channel’s annual payment obligation under the DA.
Payments to the City escalate at a rate of 12.5% every five years.
Attachment 1
Draft CEQA Resolution
Exhibit A: Terminal Project Initial Study/Mitigated Negative Declaration
Exhibit B: Response to Comments
Exhibit C: Mitigation Monitoring and Reporting Program
Exhibit D: Union Pacific Project CEQA Categorical Exemption Analysis
1
RESOLUTION NO._________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION MAKING FINDINGS AND ADOPTING THE INITIAL
STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE
CLEAR CHANNEL BILLBOARD PROJECTS AT 101 TERMINAL
COURT
WHEREAS, Clear Channel (“Applicant”) owns or has a legal equitable interest in a
property located at 101 Terminal Court (APN 015-113-160) (“Terminal Property”) and a
property located at the intersection of Dubuque Avenue and Grand Avenue (APN 872-41-261)
(“Union Pacific Property”); and,
WHEREAS, Applicant has submitted a development proposal to construct, operate and
maintain an off-premise digital message center display (“Digital Billboard”) at the Terminal
Property (“Terminal Project”), and to increase the height of an existing static billboard (“Existing
Billboard”) by twenty (20) feet at the Union Pacific Property (“Union Pacific Project”); and,
WHEREAS, the Terminal Project and Union Pacific Project may be collectively referred
to herein as (“Project”); and,
WHEREAS, Applicant seeks approval of an Area Plan Amendment, a Zoning Text
Amendment, Development Agreement, Relocation Agreement, Amendment to an existing
Relocation Agreement, Sign Permit, and Design Review; and,
WHEREAS, approval of Clear Channel’s proposal is considered a “Project” as that term
is defined under the California Environmental Quality Act, Public Resources Code Sections
21000, et seq. (“CEQA”); and,
WHEREAS, in accordance with CEQA, an initial study was performed, the result of
which was preparation and circulation of a mitigated negative declaration (“IS/MND”) analyzing
the proposed Terminal Project and concluding that approval of the Terminal Project could not
have a significant effect on the environment because the impacts of the Terminal Project could
all be mitigated to levels below established CEQA thresholds of significance with the adoption
of mitigation measures and enforcement of such measures through a Mitigation Monitoring and
Reporting Program (“MMRP”); and,
WHEREAS, the IS/MND was provided to the State Clearinghouse and circulated for a
30-day public review period, beginning on June 25, 2013, during which time members of the
public were invited to comment on the environmental analysis and conclusions for the proposed
Project; and,
WHEREAS, two comment letters were submitted on the IS/MND, from the City/County
Association of Governments of San Mateo County (“C/CAG”) and the California Department of
Transportation; none of said letters raised a significant environmental issue or alleged that the
2
IS/MND was legally inadequate; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on May 7,
2015 to take public comment and consider action on the IS/MND, the Area Plan Amendment,
Zoning Text Amendment, Development Agreement, Relocation Agreement, Amendment to an
existing Relocation Agreement, Sign Permit, and Design Review for the Project, at the
conclusion of which, the Planning Commission recommended that the City Council adopt the
IS/MND and approve the Project; and,
WHEREAS, the City Council held a duly noticed public hearing on July 8, 2015 which
was continued to August 26, 2015 to take public comment and consider the IS/MND, the
proposed Area Plan Amendment, Zoning Text Amendment, Development Agreement,
Relocation Agreement, Amendment to an existing Relocation Agreement, Sign Permit, and
Design Review for the Project; and
WHEREAS, the City Council has reviewed and carefully considered the information in
the IS/MND, including all comment letters submitted, and makes the findings contained in this
Resolution, and adopts the IS/MND as an objective and accurate document that reflects the
independent judgment and analysis of the City in the discussion of the Project’s environmental
impacts; and,
WHEREAS, the Union Pacific Project is categorically exempt under CEQA as a Class 2
Categorical Exemption for projects that replace a commercial structure with a new structure of
substantially the same size, purpose, and capacity, as set forth in greater detail below.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, the California Environmental Quality Act, Public
Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of
Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the
South San Francisco Municipal Code; the Project application; the Terminal Project Plans, as
prepared by Vincent Kevin Kelly & Assoc., Inc., dated March 4, 2015; the Union Pacific Project
Plans, as prepared by Vincent Kevin Kelly & Assoc., Inc., dated June 23, 2015; the 101 Terminal
Court Clear Channel Billboard Project and Related Zoning Amendment Initial Study/Mitigated
Negative Declaration, including all appendices thereto; all site plans, and all reports, minutes,
and public testimony submitted as part of the Planning Commission’s duly noticed May 7, 2015
meeting, and Planning Commission deliberations; all site plans, and all reports, minutes, and
public testimony submitted as part of the City Council’s duly noticed July 8, 2015 meeting which
was continued to August 26, 2015, and City Council deliberations; and any other evidence
(within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the
City of South San Francisco hereby finds as follows:
1. The foregoing Recitals are true and correct and made a part of this Ordinance.
2. The exhibits and attachments, including the Terminal Project Initial Study/Mitigated
Negative Declaration (attached as Exhibit A), the Response to Comments (attached as Exhibit
B), the Mitigation Monitoring and Reporting Program (attached as Exhibit C), and the Union
Pacific Project CEQA Categorical Exemption Analysis (attached as Exhibit D), are incorporated
3
by reference and made a part of this Resolution, as if set forth fully herein.
3. The documents and other material constituting the record for these proceedings are
located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South
San Francisco, CA 94080, and in the custody of the Chief Planner, Sailesh Mehra.
4. The proposed Project is consistent with the City of South San Francisco General Plan, as
proposed for amendment, because the land uses proposed are compatible with the goals, policies,
and land use designations established in the General Plan (see Gov’t Code, § 65860), and none of
the land uses will operate to conflict with or impede achievement of the any of the goals,
policies, or land use designations established in the General Plan.
5. Based on the City Council’s independent judgment and analysis, the City Council makes
the following findings regarding the environmental analysis of the Terminal Project:
a. In October 1999, the City Council certified an Environmental Impact Report for
the General Plan; in 2001 the City Council certified a Supplemental Environmental Impact
Report for updates to the General Plan. CEQA allows for streamlined approval of actions that are
consistent with adopted General Plans for which an EIR was certified. (Pub. Resources Code,
§ 21083; CEQA Guidelines, §§ 15152, 15183.) An initial study was prepared for the proposed
Project and a mitigated negative declaration analyzed the potential for impacts that were peculiar
to the Project or not analyzed as significant impacts in the General Plan EIR, or Supplemental
EIR. The IS/MND, which expressly considers the City’s previous EIRs, concludes that approval
of the Project will not result in any significant environmental impacts.
b. Design features of the Terminal Project, as well as the mitigation measures
proposed in the IS/MND and included in the MMRP, will operate to ensure the impacts of the
proposed Terminal Project will not exceed established CEQA thresholds of significance.
Therefore, and as further documented in the IS/MND for the Terminal Project, additional
mitigation measures beyond those established in the MMRP are not required for the Terminal
Project.
c. For the reasons stated in this Resolution, the City Council finds that there is no
substantial evidence in the record supporting a fair argument that approval of the Terminal
Project will result in a significant environmental effect.
6. Based on the City Council’s independent judgment and analysis, the City Council finds
that the Union Pacific Project falls within the Categorical Exemption set forth in CEQA
Guidelines Section 15302/Class 2, which exempts from the provisions of CEQA the replacement
of a commercial structure with a new structure of substantially the same size, purpose, and
capacity, because it meets the following conditions:
a. The proposed Union Pacific Project is in the same location, with only the height
of the sign changing, has the same purpose as a highway-facing double-sided off-site
advertisement billboard, and has the same number and size of sign faces as the existing
structure.
4
The City Council finds that none of the exceptions to Categorical Exemptions set forth in the
CEQA Guidelines, Section 15300.2 apply to the Union Pacific Project.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco
hereby adopts ND12-0002, including the Assessment of Project Changes memo, attached
as Exhibit A, subject to the MMRP attached as Exhibit C.
BE IT FURTHER RESOLVED that the Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the City Council of the City of
South San Francisco at a regular meeting of the City Council held on the 26th day of August,
2015 by the following vote:
AYES:________________________________________________________________
NOES:________________________________________________________________
ABSTENTIONS:________________________________________________________
ABSENT:______________________________________________________________
Attest:__________________________________
City Clerk
5
Exhibit A
Terminal Project IS/MND
1. Initial Study/Mitigated Negative Declaration, dated June 2013
2. Initital Study/Mitigated Negative Declaration – Assessment of Project Changes,
dated April 27, 2015
6
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT
AND RELATED ZONING AMENDMENT
PREPARED FOR:
CITY OF SOUTH SAN FRANCISCO
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
315 MAPLE AVENUE
SOUTH SAN FRANCISCO, CA 94080
PREPARED BY:
LAMPHIER – GREGORY
1944 EMBARCADERO
OAKLAND, CA 94606
JUNE 2013
7
i
TABLE OF CONTENTS
Introduction to this Document ................................................................................................................. 1
Project Information .................................................................................................................................. 2
Mitigated Negative Declaration ............................................................................................................. 13
Potentially Significant Impacts Requiring Mitigation ........................................................................ 13
Proposed Findings .............................................................................................................................. 17
Initial Study Checklist ............................................................................................................................ 19
Environmental Factors Potentially Affected ....................................................................................... 20
Lead Agency Determination ............................................................................................................... 21
Evaluation of Environmental Impacts ................................................................................................ 22
Aesthetics ....................................................................................................................................... 22
Agricultural and Forest Resources ................................................................................................. 32
Air Quality ..................................................................................................................................... 33
Biological Resources ..................................................................................................................... 37
Cultural Resources ......................................................................................................................... 40
Geology and Soils .......................................................................................................................... 41
Greenhouse Gas Emissions ............................................................................................................ 43
Hazards and Hazardous Materials ................................................................................................. 44
Hydrology and Water Quality ........................................................................................................ 46
Land Use and Planning .................................................................................................................. 48
Mineral Resources ......................................................................................................................... 49
Noise .............................................................................................................................................. 50
Population and Housing ................................................................................................................. 51
Public Services ............................................................................................................................... 52
Recreation ...................................................................................................................................... 53
Transportation/Traffic .................................................................................................................... 54
Utilities and Service Systems ........................................................................................................ 59
Mandatory Findings of Significance .............................................................................................. 60
Document Preparers ............................................................................................................................... 62
Sources ................................................................................................................................................... 62
ATTACHMENTS
Attachment A: Biological Impacts Assessment
Attachment B: Northwest Information Center Records Search Results
8
ii
FIGURES
Figure 1: Project Location ................................................................................................................. 7
Figure 2: Proposed Billboard Site Plan ............................................................................................. 9
Figure 3: Proposed Billboard Design .............................................................................................. 11
Figure 4: Existing View from U.S. 101, facing north ..................................................................... 23
Figure 5: Proposed Billboard from U.S. 101, facing north (70’ height) ......................................... 23
Figure 6: Existing View from U.S. 101, facing north ..................................................................... 25
Figure 7: Proposed Billboard from U.S. 101, facing south (70’ height) ......................................... 25
Figure 8: Reduced Height Billboard from U.S. 101, facing north (55’ height) .............................. 27
Figure 9: Reduced Height Billboard from U.S. 101, facing south (55’ height) .............................. 27
9
101 Terminal Court Clear Channel Billboard Project Page 1
INTRODUCTION TO THIS DOCUMENT
This document serves as the Initial Study and Mitigated Negative Declaration (IS/MND) for the proposed
Project, prepared in accordance with the California Environmental Quality Act (CEQA) (Public
Resources Code Sections 1500 et seq.).
Per CEQA Guidelines (Section 15070), a Mitigated Negative Declaration can be prepared to meet the
requirements of CEQA review when the Initial Study identifies potentially significant environmental
effects, but revisions in the Project and/or incorporation of mitigation measures would avoid the effects or
mitigate the effects to a point where clearly no significant effects would occur.
This document is organized in three sections as follows:
Introduction and Project Information. This section introduces the document and discussed the
project description including location, setting, and specifics of the lead agency and contacts.
Mitigated Negative Declaration. This section lists the impacts and mitigation measures identified
in the Initial Study and proposes findings that would allow adoption of this document as the
CEQA review document for the proposed project.
Initial Study Checklist. This section discusses the CEQA environmental topics and checklist
questions and identifies the potential for impacts and proposed mitigation measures to avoid these
impacts.
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Page 2 101 Terminal Court Clear Channel Billboard Project
PROJECT INFORMATION
1. Project Title: 101 Terminal Court Clear Channel Billboard Project and
Related Zoning Amendment
2. Lead Agency Contact: City of South San Francisco
Gerry Beaudin, Principal Planner
Department of Economic and Community Development
City of South San Francisco
315 Maple Avenue
South San Francisco, CA 94083
650-877-8535 or gerry.beaudin@ssf.net
3. Project Location: In the Park N Fly parking lot at 101 Terminal Court
(APN 015-116-240) adjacent to highway 101 in South
San Francisco.
4. Project Applicant's Name and Address: Patrick Powers
Clear Channel Outdoor, Inc.
Northern California Division
555 12th Street, Suite 950
Oakland, CA 94607
(510) 835-5900 x7219
5. General Plan Designation: Community Commercial
6. Zoning: Freeway Commercial (FC)
7. Site and Vicinity: The regional location is shown in Figure 1 and the specific location on this site is
shown on Figure 2. The Project site is located within the paved parking area operated privately by
Park N Fly as off-site airport parking.
An approximately 40-foot wide landscape strip is located between the Project site and the highway to
the east, consisting largely of shrubs and grasses. Farther east, at approximately 275 feet to the other
side of the highway, is located a commercial complex with some retail and hotels. Beyond that are
largely industrial uses and Research and Development/office complexes.
The site is bordered to the west by the Golden Gate Produce Terminal, which houses multiple
produce purveyors in two large buildings. A separate off-site airport parking use is located farther to
the north.
The Park N Fly site extends for nearly 800 feet to the south from the location of the billboard. At the
southern boundary of the site is an approximately 150-foot wide unnamed channel and buffer area, on
the other side of which is located light industrial and retail uses.
The closest residential areas are located approximately 2,300 feet to the southwest, 3,000 feet to the
northwest and 3,800 feet to the south. There are no residences in the vicinity to the east.
8. Project Description:
Digital Billboard
The Project involves construction and operation of one new double-sided outdoor advertising LED
billboard located in South San Francisco, California. The billboard is proposed to reach a maximum
height of 70 feet. It is possible that, through the City approval process, including the design review,
the billboard height could be reduced. Reduced height is discussed in the Aesthetics section.
An “LED billboard” consists of a display surface that supports an image generated by rows of light
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101 Terminal Court Clear Channel Billboard Project Page 3
emitting diodes (LED). The image on the billboard is static for a period of time, not less than eight
seconds, before cycling to the next image. Operational details provided by the applicant include the
following:
Each LED display would be 48 feet wide by 14 feet tall mounted on a column so that the overall
height is approximately 70 feet above grade. The two display faces will be oriented in a “V”
shape such that the displays face the two directions of highway traffic. The design of the
billboard is shown in Figures 2 and 3.
Brightness of each digital display: Lighting levels on each face of the digital billboard will not
exceed 0.3 foot candles over ambient levels, as measured using a foot candle meter at a 250’
distance according to the guidelines of the Outdoor Advertising Association of America
(OAAA).
Power: Central breaker panel with a primary feed of 200 amps at 120/240 single phase or 200
amps at 208Y/120 three phase primary feed; electrical connections would be UL and IEC-
approved.
Signage would be controlled remotely and would have remote maintenance software, and the
applicant will immediately shut off, or go to “full black” in the event of a malfunction.
Light sensors would be installed with each face of the billboard to measure ambient light levels
and to adjust light intensity to respond to such conditions. Currently, “beehive” light sensor
enclosures are utilized, incorporating two light sensors into the enclosure.
The billboard will be programmed for nighttime reduced (4 percent of peak power) power
operation.
LED lighting has a directional nature and the projected viewing angle values for the proposed
billboard is ± 30° vertically and ± 60° horizontally. Shaders will be located above each row of
LEDs to prevent light from projecting upward into the sky.
Zoning Code Amendment
Digital billboards are currently not allowed under the City’s Zoning Code. Because a Zoning Code
amendment is required for approval of the proposed billboard, this amendment, including the
following assumptions, has been included as part of the Project description analyzed in this
document. While the final wording of the amendment was not available at the time of drafting of this
report, the City’s intent is that no more than 3 digital billboards could be allowed along the highway
in conjunction with negotiated Relocation Agreements. The location of proposed digital billboards
would be constrained to the western side of the highway between Sister Cities Boulevard and the
City’s southern boundary and otherwise following billboard locating restrictions (such as Caltrans
rule of 500 feet between billboards, discussed in more detail under item 11, Regulatory Provisions).
Approval and construction of any digital billboard would require a negotiated Relocation Agreement
involving removal of multiple similarly-sized existing billboards within the City.
Construction of the Billboard
The following information regarding the process involved in installing a digital billboard is based on
discussions with representatives of Clear Channel, and is the process typically followed. The
following description of activities has been included here as general project information, and has been
used as the basis for evaluating potential construction-period impacts for air quality and noise. The
specifics of the procedure could be modified if recommended by the structural engineer based upon
the results of a site-specific soil study. The construction would be subject to the Building Code, and a
Building Permit would be required for construction activities. The construction typically proceeds as
described below.
Day 1: On the first day at the site, a crew arrives with a drilling rig and drills a hole 5’ in diameter and
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Page 4 101 Terminal Court Clear Channel Billboard Project
32’ deep. A trench plate is placed over the hole before the crew leaves the site.
Day 2: The column for the billboard is delivered to the site. The column is typically 42” in diameter.
The column is lifted into place in the foundation hole by a crane, and is maintained in place by I-
beams that are welded to the column. A building inspection is required at this point, and the company
attempts to arrange for the inspection early enough in the day to allow pouring of concrete on Day 2.
Day 5: After the concrete cures for three days, the crew returns to the site. The I-beam welds are
ground off and the I-beams removed. The upper structure components are delivered to the site and
assembled on the ground by the crew (usually 4-5 persons). The crane returns to the site and lifts the
upper structure into place atop the column.
Electrical service: Arrangements to extend electrical service to the site are made in advance of the
construction activities. Underground electrical service will be extended to the billboard through
trenching, using a sleeve that will accommodate the electrical service inside a concrete foundation.
The typical electrical service is 200 amps for single phase, and 100 amps for 3-phase.
9. Required Approvals: Approval of the Project will require a Zoning Code amendment, Relocation
Agreement, and Design Review from the City of South San Francisco. Additionally, the following
reviews and approvals would be required:
Appropriate clearance through Caltrans is also required for highway-oriented signs. This may require
a relocation agreement if the freeway segment is determined to be classified as a “landscaped
freeway” (as discussed under Regulatory Provisions).
Construction activities will require appropriate administrative permits.
The City and applicant may also enter into a Development Agreement.
10. Regulatory Provisions: The following regulations are applicable to installation of billboards and
compliance has been assumed in analysis of this Project.
Federal
The federal Highway Beautification Act of 1965 (23 U.S.C. 131) provides for control of outdoor
advertising, including removal of certain types of signs, along the interstate highway system. The Act
is enforced by the Federal Highway Administration (FHWA).
As part of its enforcement effort, FHWA has entered into agreements regarding the Act with state
departments of transportation. The agreements with California are described under the State
provisions, below.
State
The California Department of Transportation (Caltrans) is involved in the control of “off-premise”
displays along state highways. Such displays advertise products or services of businesses located on
property other than the display. Caltrans does not regulate on-premise displays. (Caltrans Landscape
Architecture Program, 2008)
California has entered into two agreements with FHWA as part of the implementation of the Highway
Beautification Act: one dated May 29, 1965, and a subsequent agreement dated February 15, 1968.
The agreements generally provide that the State will control the construction of all outdoor
advertising signs, displays and devices within 660 feet of the interstate highway right-of-way. The
agreements provide that such signs shall be erected only in commercial or industrial zones and are
subject to the following restrictions:
No signs shall imitate or resemble any official traffic sign, signal or device, nor shall signs
obstruct or interfere with official signs;
No signs shall be erected on rocks or other natural features;
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101 Terminal Court Clear Channel Billboard Project Page 5
Signs shall be no larger than 25 feet in height and 60 feet in width, excluding border, trim and
supports;
Signs on the same side of the freeway must be separated by at least 500 feet; and
Signs shall not include flashing, intermittent or moving lights, and shall not emit light that could
obstruct or impair the vision of any driver.
California regulates outdoor advertising in the Outdoor Advertising Act (Business and Professions
Code, Sections 5200 et seq.) and the California Code of Regulations, Title 4, Division 6 (Sections
2240 et seq.), which incorporate the Federal Highway Beautification Act by reference. Caltrans
enforces the law and regulations. Caltrans requires applicants for new outdoor lighting to demonstrate
that the owner of the parcel consents to the placement of the sign, that the parcel on which the sign
would be located is zoned commercial or industrial, and that local building permits are obtained and
complied with. A digital billboard is identified as a “message center” in the statute, which is an
advertising display where the message is changed more than once every two minutes, but no more
than once every four seconds. (Business and Professions Code, Section 5216.4)
In brief, off-premises changeable electronic variable message signs (CEVMS) adjacent to controlled
routes shall incorporate standards pertaining to:
1. Duration of Message
2. Transition Time
3. Brightness
4. Spacing
5. Locations
Most importantly as a result of FHWA recommendations, to ensure driver safety, no billboard
manufacturers presently use moving displays or less than a 4 second duration time between messages.
Some freeways are classified as “landscaped freeways.” A landscaped freeway is defined as one that
is now, or may in the future be, improved by the planting of lawns, trees, shrubs, flowers or other
ornamental vegetation requiring reasonable maintenance on one or both sides of the freeway
(Government Code §5216). Off-premise displays are not allowed along landscaped freeways except
when approved as part of Relocation Agreements pursuant to §5412 of the Outdoor Advertising Act.
It appears the Project site is within a segment of U.S. 101 which is considered a classified
landscaped freeway, though such a determination would be made during the approval process with
Caltrans.1
The Outdoor Advertising Act contains a number of provisions relating to the construction and
operation of billboards:
The sign must be constructed to withstand a wind pressure of 20 pounds per square feet of
exposed surface (§5401);
No sign shall display any statements or words of an obscene, indecent or immoral character
(§5402);
No sign shall display flashing, intermittent or moving light or lights (§5403(h));
Signs are restricted from areas within 300 feet of an intersection of highways or of highway and
railroad right-of-ways, but a sign may be located at the point of interception, as long as a clear
1 California Department of Transportation, July 13, 2011, Classified “Landscape Freeways”, available at
http://www.dot.ca.gov/hq/LandArch/lsfwy/pdf/class_ls_fwy.pdf.
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Page 6 101 Terminal Court Clear Channel Billboard Project
view is allowed for 300 feet, and no sign shall be installed that would prevent a traveler from
obtaining a clear view of approaching vehicles for a distance of 500 feet along the highway
(§5404); and
Message center signs may not include any illumination or message change that is in motion or
appears to be in motion or that change or expose a message for less than four seconds. No
message center sign may be located within 500 feet of an existing billboard, or 1,000 feet of
another message center display, on the same side of the highway (§5405).
Additional restrictions on outdoor signage are found in the California Vehicle Code. Section 21466.5
prohibits the placing of any light source “…of any color of such brilliance as to impair the vision of
drivers upon the highway.” Specific standards for measuring light sources are provided. The
restrictions may be enforced by Caltrans, the California Highway Patrol or local authorities.
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101 Terminal Court Clear Channel Billboard Project Page 7
Figure 1: Project Location
Source: Google Inc., Google Earth imagery date 10/31/2011, with project location noted by Lamphier-Gregory.
Proposed Billboard
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17
101 Terminal Court Clear Channel Billboard Project Page 9
Figure 2: Proposed Billboard Site Plan
Source: Vincent Kevin Kelly & Assoc., Inc. for the applicant, dated May 1, 2012
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101 Terminal Court Clear Channel Billboard Project Page 11
Figure 3: Proposed Billboard Design
Source: Vincent Kevin Kelly & Assoc., Inc. for the applicant, dated May 1, 2012
Notes:
The specifics of the decorative pole cover could be revised per the design review process.
The design review/approval process could also result in a lowered overall height, potentially a 55’ total height. The 70’ height
was utilized in this analysis because it is the maximum height that is being considered. See the Aesthetics section for a discussion
and visual modeling of both the 70’ and 55’ overall heights.
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101 Terminal Court Clear Channel Billboard Project Page 13
MITIGATED NEGATIVE DECLARATION
PROJECT DESCRIPTION, LOCATION, AND SETTING
This Mitigated Negative Declaration has been prepared for the 101 Terminal Court Clear Channel
Billboard Project and related code amendments. See the Introduction and Project Information section of
this document for details of the Project.
POTENTIALLY SIGNIFICANT IMPACTS REQUIRING MITIGATION
The following is a list of potential Project impacts and the mitigation measures recommended to reduce
these impacts to a less-than-significant level. Refer to the Initial Study Checklist section of this document
for a more detailed discussion.
_____________________________________________________________________________________
The digital billboard technology has the potential to operate at levels brighter than those specified as the
operational limits. Impacts would remain less than significant under specified operating conditions, which
are required to be tested under Mitigation Measure Visual-1, below.
Mitigation Measure
Visual-1: Billboard Brightness Field Testing. The Applicant shall demonstrate through field
testing compliance with a 0.3 footcandle increase over ambient light at 250 feet
during nighttime conditions upon initial start-up, at 6 months of operation and at the
request of the City for the life of the billboard. The Applicant shall fund field testing
by an independent contractor or City staff trained in the use of a handheld photometer
to demonstrate continued compliance. The City shall consider citizen complaints
consisting of direct personal impacts as cause for requesting field testing.
If increases in ambient light are found to be above the 0.3 footcandle level, the
dimming level shall be adjusted until this level can be demonstrated. This must be
completed and demonstrated through follow-up field testing within 24 hours or the
billboard shall not be operated until the lighting levels can be brought into
compliance.
If no above-threshold levels have been measured in the prior three tests, field testing
shall be requested no more often than twice yearly. Otherwise, field tests can be
requested up to once monthly.
_____________________________________________________________________________________
Project air quality emissions would be below applicable threshold levels. However, the local Air District,
BAAQMD, recommends implementation of construction mitigation measures to reduce construction-
related emissions and fugitive dust for all projects. These basic measures are included in Mitigation
Measure Air-1, below and would further reduce already less than significant construction-period criteria
pollutant impacts.
Mitigation Measure
Air-1: Basic Construction Management Practices. The Project shall demonstrate
proposed compliance with all applicable regulations and operating procedures prior
to issuance of demolition, building or grading permits, including implementation of
the following BAAQMD “Basic Construction Mitigation Measures”:
i) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
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Page 14 101 Terminal Court Clear Channel Billboard Project
ii) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
iii) All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
iv) All vehicle speeds on unpaved roads shall be limited to 15 mph.
v) All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
vi) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
vii) All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
viii) Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
_____________________________________________________________________________________
Given the site characteristics, coupled with the regional archaeological sensitivity, there is a moderate
potential of unrecorded Native American resources (especially buried deposits with no surface
indications) within the proposed Project area. If present, these would be located below any artificial fill at
the surface, but potentially within the 35 foot depth of the proposed disturbance. Preparation and
implementation of a cultural monitoring and mitigation plan would assure that discovery of any cultural
resources would be identified and treated appropriately and therefore that any impact in this regard would
be less than significant.
Mitigation Measure
Cultural-1: Cultural Monitoring and Mitigation Plan. The Project applicant shall fund
preparation and implementation of a cultural monitoring and mitigation plan by a
qualified archaeologist to address the potential for presence and disturbance of Native
American archaeological resources or remains during excavation of the billboard
pole footing. This will include at a minimum monitoring during excavation of the
billboard pole footing and may also include but is not limited to additional archival
research, hand auger sampling, shovel test units, geoarchaeological analysis, or other
common methods used to identify the presence of archaeological resources to be
determined per the recommendation of the qualified archaeologist. The archaeologist
and construction contractors shall follow the appropriate procedures should any
cultural resources or human remains be discovered during ground disturbance.
_____________________________________________________________________________________
The site has not been assessed for the potential presence of hazardous materials. During the installation
process of the billboard, holes would be drilled and the excavated soil would be transported offsite. The
Project will also include trenching to connect to electrical supply. With implementation of Mitigation
Measure Haz-1, the site will be assessed for the presence of hazardous materials prior to construction
activities, which, if present, would be handled appropriately to ensure the impact would remain less than
significant.
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101 Terminal Court Clear Channel Billboard Project Page 15
Mitigation Measure
Haz-1: Phase I and/or Phase II Reports. Prior to issuance of construction permits, the City
of South San Francisco shall require the Project applicant to submit a Phase I
environmental site assessment report, and a Phase II report if warranted by the Phase
I report for the Project site. The reports shall make recommendations for remedial
action in accordance with State and Federal laws, if appropriate, and should be signed
by a Registered Environmental Assessor, Professional Geologist, or Professional
Engineer. The Applicant shall comply with these recommendations.
Mitigation Measure
Haz-2: E-Waste Disposal. Electronic components of the billboard may contain materials
considered “e-waste” when disposed of due to potentially hazardous metals, flame
retardants, and other chemicals. The operator shall be required to follow applicable
regulations regarding proper disposal and/or recycling, as appropriate, as components
are replaced or removed over time.
_____________________________________________________________________________________
Significant effects could occur if the proposed digital billboard did not comply with restrictions regarding
location, intensity of light, light trespass, or other restrictions or includes visual effects or driver
interaction that would cause driver distraction. With implementation of these Mitigation Measures Traf-
1and Traf-2, the City will receive accurate information from the operator regarding compliance on an
ongoing basis to ensure that impacts on transportation and traffic safety would be less than significant.
Mitigation Measure
Traf-1: Annual Report. The operator of the digital billboard shall submit to the City, within
thirty days following June 30 of each year, a written report regarding operation of
each digital billboard during the preceding period of July 1 to June 30. The operator
may submit a combined report for all such digital billboards operated by such
operator within the City limits. The report shall, when appropriate, identify incidents
or facts that relate to specific digital billboards. The report shall be submitted to the
Director of the Economic and Community Development Department and shall
include information relating to the following:
a. Status of the operator’s license as required by California Business and
Professions Code §§5300 et seq.;
b. Status of the required permit for individual digital billboards, as required by
California Business and Professions Code §§5350 et seq.;
c. Compliance with the California Outdoor Advertising Act, California Business
and Professions Code §§5200 and all regulations adopted pursuant to such Act;
d. Compliance with California Vehicle Code §§21466.5 and 21467;
e. Compliance with provisions of written agreements between the U.S. Department
of Transportation and the California Department of Transportation pursuant to
the federal Highway Beautification Act (23 U.S.C. §131);
f. Compliance with mitigation measures identified in the Mitigated Negative
Declaration adopted as part of Project approval;
g. Each written or oral complaint received by the operator, or conveyed to the
operator by any government agency or any other person, regarding operation of
each digital billboard included in the report;
h. Each malfunction or failure of each digital billboard included in the report,
which shall include only those malfunctions or failures that are visible to the
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naked eye, including reason for the malfunction, duration and confirmation of
repair; and
i. Operating status of each digital billboard included in the report, including
estimated date of repair and return to normal operation of any digital billboard
identified in the report as not operating in normal mode.
Mitigation Measure
Traf-2: Operational Safety. The operation of the digital billboard shall comply with the
following at all times:
a. No special visual effects that include moving or flashing lights shall accompany
any message or the transition between two successive messages;
b. The operator shall not install or implement any technology that would allow
interaction with drivers, vehicles or any device located in vehicles, including, but
not limited to a radio frequency identification device, geographic positions
system, or other device without prior approval of the City of South San
Francisco, taking into consideration technical studies and CalTrans or US DOT
policies and guidance available at the time of the request.
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101 Terminal Court Clear Channel Billboard Project Page 17
PROPOSED FINDINGS
The City of South San Francisco has determined that with the implementation of mitigation measures
identified in this Mitigated Negative Declaration, the proposed Project will not have a significant effect
on the environment. If this Mitigated Negative Declaration is adopted by the City of South San Francisco,
the requirements of CEQA will be met by the preparation of this Mitigated Negative Declaration and the
Project will not require the preparation of an Environmental Impact Report. This decision is supported by
the following findings:
a. The Project does not have the potential to degrade the quality of the environment, substantially reduce
the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining
levels or threaten to eliminate a plant or animal community. It does not reduce the number or restrict
the range of a rare or endangered plant or animal. It does not eliminate important examples of the
major periods of California history or pre-history, since there is no identified area at the Project site
which is habitat for rare or endangered species, or which represents unique examples of California
history or prehistory. The Project does not have any significant, unavoidable adverse impacts.
Implementation of specified mitigation measures will avoid or reduce the effects of the Project on the
environment and thereby avoid any significant impacts.
b. The Project does not involve impacts which are individually limited but cumulatively considerable,
because the described Project will incorporate mitigation measures to avoid significant impacts of the
Project in the context of continued growth and development in the City of South San Francisco.
c. The Project does not have environmental effects that will cause substantial adverse effects on human
beings, either directly or indirectly, because all adverse effects of the Project will be mitigated to less
than significant levels.
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101 Terminal Court Clear Channel Billboard Project Page 19
INITIAL STUDY CHECKLIST
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
Environmental factors that may be affected by the Project are listed alphabetically below. Factors marked
with an “X” () were determined to be potentially affected by the Project, involving at least one impact
that required mitigation to reduce the impact to less than significant levels, as indicated in the
Environmental Evaluation Form Checklist and related discussion that follows. Unmarked factors ()
were determined to not be significantly affected by the Project, based on discussion provided in the
Checklist, including the application of mitigation measures which the applicant has agreed to implement.
Aesthetics Agricultural and Forest Resources Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas Emissions Hazards/Hazardous Materials Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Utilities/Service Systems
Mandatory Findings of Significance
There are no impacts that would remain significant with implementation of the identified mitigation
measures.
28
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101 Terminal Court Clear Channel Billboard Project Page 21
EVALUATION OF ENVIRONMENTAL EFFECTS
The Checklist portion of the Initial Study begins below, with explanations of each CEQA issue topic.
Four outcomes are possible, as explained below.
1. A “no impact” response indicates that no action that would have an adverse effect on the environment
would occur due to the Project.
2. A “less than significant” response indicates that while there may be potential for an environmental
impact, there are standard procedures or regulations in place, or other features of the Project as
proposed, which would limit the extent of this impact to a level of “less than significant.”
3. Responses that indicate that the impact of the Project would be “less than significant with mitigation”
indicate that mitigation measures, identified in the subsequent discussion, will be required as a
condition of Project approval in order to effectively reduce potential Project-related environmental
effects to a level of “less than significant.”
4. A “potentially significant impact” response indicates that further analysis is required to determine the
extent of the potential impact and identify any appropriate mitigation. If any topics are indicated with
a “potentially significant impact,” these topics would need to be analyzed in an Environmental Impact
Report.
Note that this document does not indicate that any environmental topics would be considered to be
“potentially significant” after application of mitigation measures identified in this document and as agreed
to by the Project applicant.
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1. AESTHETICS
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a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited to, trees,
rock outcroppings, and historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or quality of the site and
its surroundings?
d) Create a new source of substantial light or glare which would adversely affect
day or nighttime views in the area?
a) Scenic Vistas. The site and surrounding area is predominately developed with industrial uses and is
not a scenic resource or vista. The Project is located on a flat area near the highway with no
substantial views of the Bay from or across the site.
Sign Hill, which contains the prominent concrete “South San Francisco The Industrial City” sign on
the hillside, and San Bruno Mountain are visible from U.S. 101 across the site to the north. Distant
views of the ridge along Skyline Boulevard are visible from U.S. 101 across the site to the
south/southwest.
Figures 4 and 6 show existing views from U.S. 101 toward the site to the north and south and Figures
5 and 7 show visual models of the proposed billboard in these views. Views toward Sign Hill, San
Bruno Mountain and the Skyline Boulevard ridge from U.S. 101 are already partially and
intermittently obscured by existing development, signage and landscaping. As can be inferred from
these figures, the proposed billboard would contribute to temporary obstruction of these views as a
driver progresses toward and past the billboard.
There are no specific policies to protect views of Sign Hill from U.S. 101 and neither Sign Hill, San
Bruno Mountain, nor Skyline Boulevard ridge are designated as scenic vistas or scenic views. The
locations from which views are affected are not places where people would specifically gather in
order to gain a view of these landmarks. Blockage of views toward San Bruno Mountain and Skyline
Boulevard ridge would not be considered a potentially significant environmental impact. However,
Sign Hill is identified as a national historic landmark and regional landmark that is clearly visible to
travelers on nearby freeways, so is considered a scenic resource for purposes of this analysis. 2
The proposed billboard would contribute to blockage of views toward Sign Hill from the point of
view of a vehicle driving north along U.S. 101. This interruption of views would be temporary in that
the billboard would only block views for a short period as the vehicle progresses toward the billboard.
Signs in this area are not uncommon though cumulative blockage of views would be intermittent, as
views toward Sign Hill would be available between signs as a vehicle progresses north.
Figures 8 and 9 additionally show the billboard at a height of only 55’, which is currently being
considered as a modification to the Project. While these are static photos, it is important to consider
the perception of relative size. As a person approaches an object, the object’s perceived size will
2 City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan, 1999, p. 240.
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Figure 4: Existing View from U.S. 101, facing north
Figure 5: Proposed Billboard from U.S. 101, facing north (70’ height)
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Figure 6: Existing View from U.S. 101, facing south
Figure 7: Proposed Billboard from U.S. 101, facing south (70’ height)
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Figure 8: Reduced Height Billboard from U.S. 101, facing north (55’ height)
Figure 9: Reduced Height Billboard from U.S. 101, facing south (55’height)
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101 Terminal Court Clear Channel Billboard Project Page 29
increase. This is why a person standing across a football field from you can be covered in your vision
by your own outstretched hand. We perceive something farther away as smaller (and therefore
shorter). In the case of this Project, the nearer object (the billboard) will appear to grow taller relative
to the more distant object (Sign Hill) as it is approached. At a height of 55’, the proposed billboard
would still be tall enough to block views toward Sign Hill from U.S. 101, though the lane position and
distance of the vehicle from the billboard would be different than where the blockage would occur for
a billboard at a 70’ height. Because a lower billboard would be observed as tall enough to block views
when the observer is closer to it than a 70’ billboard, a marginally shorter time would pass during
which views are blocked for the 55’ billboard. Therefore, it can be assumed that this height reduction
would result in a similar, though marginally reduced impact to an already less than significant impact
on Sign Hill views.
The Project also includes amending the Zoning Code to potentially allow up to 3 digital billboards,
including this one, along the western side of U.S. 101 within the city limits through Relocation
Agreements. With Relocation Agreements, billboards could be located as close together as 500 feet
and digital billboards as close as 1,000 feet to each other.
The two additional allowable digital billboards could contribute to intermittent blockage of views
toward Sign Hill. The specific proposals for the other two billboards have not yet been submitted and
would have to undergo appropriate review. However, any proposed billboards would be required to
conform to Caltrans spacing regulations, which would ensure space between signs and therefore only
intermittent blockage of views would result.
Taking both the regulatory and specific locational/scenic context into account, as well as the
temporary and intermittent nature of the obstruction from the point of view of a moving vehicle, the
Project’s impact on scenic vistas, including views of Sign Hill from U.S. 101, would be considered a
less than significant impact.
The City and applicant are considering a reduced height billboard, which would reach a maximum
height of 55’ instead of the proposed 70’. Reducing the height would result in impacts that are similar
to the Project at the proposed height and would not require additional environmental review. A
reduced height billboard would marginally reduce an already less-than-significant impact related to
blockage of views toward Sign Hill.
b) Scenic Highways. U.S. 101 is not a designated or eligible State Scenic Highway corridor in the
vicinity of the Project nor is it identified as a scenic corridor in the South San Francisco General Plan.3
The Project would have no impact on a state scenic highway or scenic resources viewable from such a
highway.
c) Visual Character. The proposed digital billboard site is located along a freeway in the Lindenville
area of South San Francisco, which is characterized by warehousing and distribution and light
industrial uses including storage, automobile repair, manufacturing, and small business parks. The
Project site and surrounding area is anticipated in the General Plan to ultimately transition to Regional
Commercial uses.
The new billboard would be visible primarily to drivers along U.S. 101 as well as adjacent and across-
highway industrial, hotel, and commercial uses. It is expected the billboard would be visible in some
mid- and long-range views from farther commercial and residential areas that are high enough to have
views across the area. The vicinity where the billboard is proposed already supports some highway-
oriented on-site signage, billboards, and roadway signage. The proposed billboard is not inconsistent
with the character of the area in which it is proposed.
3 California Department of Transportation, State Scenic Highway Mapping System,
http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm
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Additionally, City staff will review the proposed design as part of the approval process, and design
parameters would be imposed by the City.
Therefore, given the context of the proposed billboard, the impact related to degrading visual
character would be considered less than significant.
The additional two digital billboards, including a maximum of four billboard faces, that could be
allowed under the Zoning Code amendment would be constrained to the western side of U.S. 101
adjacent to the freeway and between Sister Cities Boulevard and the southern boundary of the City.
There are numerous commercial or industrial areas in which they could be located, particularly
considering relocation or removal of existing billboards. There is no current proposal for the
additional billboards, so the specific locations cannot be analyzed. If/when additional digital
billboards are proposed, the City would perform the appropriate review. The Zoning Code amendment
that could allow two additional digital billboards would not change this impact conclusion.
It is also important to note that under the proposed Zoning Amendment, a digital billboard would only
be allowed pursuant to a Relocation Agreement, which would result in the removal of one or more
other billboards within the City for each proposed digital billboard. This could result in a net
reduction in the total number of billboards within the City.
d) Light and Glare. Digital billboards rely on LED technology to display messages on a lit screen. The
lighting is designed to make the message displays visible to passing motorists.
The brightness of the LED display on the billboard face is subject to adjustment based on ambient
conditions monitored by multiple light sensors. The display, for example, is brighter in the daytime
than in darkness, and responds to changes in the ambient light conditions. Restrictions on digital
billboards, imposed and enforced by Caltrans, preclude lighting that would be directed at motorists
that is so directed or intense that it could blind or confuse drivers, or create conditions that make
recognition of the roadway or official signage difficult.
Caltrans has imposed these restrictions for traffic safety reasons, and they are discussed in more detail
in the Transportation section. The resulting controls, however, effectively regulate light and glare to
ensure that the operation of any digital billboard does not create a substantial new source of light or
glare.
The billboards would also comply with guidelines of the Outdoor Advertising Association of America
(OAAA). These guidelines specify that lighting levels from a digital billboard will not exceed 0.3
footcandles over ambient levels, as measured using a footcandle meter at a pre-set distance based on
the size of the billboard face. For the 14’ by 48’ billboards, this would be 250 feet.4 It is anticipated
that the illuminance would be negligible beyond 500 feet.5
The Illuminating Engineering Society of North America (IESNA) Lighting Handbook 10th Edition
recommendations are in units of “nits,” which are appropriate when light is being bounced off a
surface, as is the case with a conventional billboard, but is not the case with an LED billboard. With
assumptions about content, “nits” and footcandles can be converted for comparison of LED
illuminance to conventional billboard luminance. Conversion of nits using conservative assumptions
(80% reflectance) and IESNA Handbook recommendations for bright surrounds results in
recommendations of 0.256 footcandles at 250 feet. This is similar to digital billboard-specific
recommendations of 0.3 footcandles. 6
4 According to OAAA Methodology to Determine Billboard Luminance Levels, provided by Clear Channel.
5 OAAA prepared by Light Sciences Inc., November 29, 2006, Comparison of Digital and Conventional Billboards.
6 OAAA prepared by Light Sciences Inc., November 29, 2006, Comparison of Digital and Conventional Billboards.
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101 Terminal Court Clear Channel Billboard Project Page 31
The value of 0.3 footcandles is utilized here because, while relatively low, it is practical to measure
with a handheld photometer and therefore to verify following installation and during operation. This
0.3 footcandle level would be perceptible, but at the low end, to the human eye, over ambient light on
a surface. It would be equivalent to average residential street illumination provided by low wattage
street lights (i.e., similar to ambient conditions in the vicinity).
Mitigation Measure
Visual-1: Billboard Brightness Field Testing. The Applicant shall demonstrate through field
testing compliance with a 0.3 footcandle increase over ambient light at 250 feet
during nighttime conditions upon initial start-up, at 6 months of operation and at the
request of the City for the life of the billboard. The Applicant shall fund field testing
by an independent contractor or City staff trained in the use of a handheld photometer
to demonstrate continued compliance. The City shall consider citizen complaints
consisting of direct personal impacts as cause for requesting field testing.
If increases in ambient light are found to be above the 0.3 footcandle level, the
dimming level shall be adjusted until this level can be demonstrated. This must be
completed and demonstrated through follow-up field testing within 24 hours or the
billboard shall not be operated until the lighting levels can be brought into
compliance.
If no above-threshold levels have been measured in the prior three tests, field testing
shall be requested no more often than twice yearly. Otherwise, field tests can be
requested up to once monthly.
There are no residences within 500 feet of the proposed billboard, at which point the increases in
illuminance would be negligible. Hotel uses are located between 250 and 500 feet from the billboard,
where illuminance increases from the billboard would be barely perceptible and consistent with the
existing urban conditions. With implementation of Mitigation Measure Visual-1, light levels from the
proposed billboard will be assured to remain at these low levels and potential impacts related to light
and glare would be less than significant.
The additional two digital billboards that could be allowed under the Zoning Code amendment
through Relocation Agreements could be as close as 500 feet to the currently proposed billboard. As
noted above, the increase in illuminance is negligible at 500 feet and barely perceptible at 250 feet.
The potential for multiple digital billboards in the future, as allowed under the Zoning Code
amendment, would not substantially contribute to cumulative light and glare impacts and would not
change the impact conclusion. The specific locations of the other two billboards are not yet proposed.
Billboard-specific light and glare impacts of these future billboards would need to be assessed in
respect to any light-sensitive uses in their vicinity.
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Page 32 101 Terminal Court Clear Channel Billboard Project
2. AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are significant environmental
effects, lead agencies may refer to the California Agricultural Land Evaluation and
Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources, including timberland, are significant
environmental effects, lead agencies may refer to information compiled by the
California Department of Forestry and Fire Protection regarding the state’s inventory
of forest land, including the Forest and Range Assessment Project and the Forest
Legacy Assessment project; and forest carbon measurement methodology provided in
Forest Protocols adopted by the California Air Resources Board. Would the project: Po
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a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in
Public Resources Code section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned Timberland Production(as
defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment which, due to their location or
nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
a-e) Agriculture and Forestry Resources. The Project site is located in a developed urban area adjacent to
a highway. No part of the site is zoned for or currently being used for agricultural or forestry purposes
or are subject to the Williamson Act. There would be no impact to agriculture and forestry resources
as a result of this Project.
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3. AIR QUALITY
Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the
following determinations. Would the project:
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a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Violate any air quality standard or contribute substantially to an existing or
projected air quality violation?
c) Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region is non-attainment under an applicable federal or state
ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant concentrations?
e) Create objectionable odors affecting a substantial number of people?
a) Air Quality Plan. The Project site is subject to the Bay Area Clean Air Plan, first adopted by the Bay
Area Air Quality Management District (BAAQMD) (in association with the Metropolitan
Transportation Commission and the Association of Bay Area Governments) in 1991 to meet state
requirements and those of the Federal Clean Air Act. As required by state law, updates are developed
approximately every three years. The plan is meant to demonstrate progress toward meeting the ozone
standards, but also includes other elements related to particulate matter, toxic air contaminants, and
greenhouse gases. The latest update to the plan, which was adopted in September 2010, is called the
Bay Area 2010 Clean Air Plan.
A project would be judged to conflict with or obstruct implementation of the regional air quality plan
if it would be inconsistent with regional growth assumptions or implementation of control strategies.
The Project would have no effect on growth of population or vehicle travel and the Clean Air Plan
does not recommend measures directly applicable to this type of use. The Project, therefore, would be
generally consistent with the Clean Air Plan and have a less than significant impact in this regard.
b-c) Air Quality Standards/Criteria Pollutants. Ambient air quality standards have been established by
state and federal environmental agencies for specific air pollutants most pervasive in urban
environments. These pollutants are referred to as criteria air pollutants because the standards
established for them were developed to meet specific health and welfare criteria set forth in the
enabling legislation and include ozone (O3) precursors (NOx and ROG), carbon monoxide (CO), and
suspended particulate matter (PM10 and PM2.5). The Bay Area is considered “attainment” for all of the
national standards, with the exception of ozone. It is considered “nonattainment” for State standards
for ozone and particulate matter.
Past, present and future development projects contribute to the region’s adverse air quality impacts on
a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project
is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a
project’s individual emissions contribute to existing cumulatively significant adverse air quality
impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact
on air quality would be considered significant.7
7 BAAQMD, May 2011, California Environmental Quality Act Air Quality Guidelines, p. 2-1.
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BAAQMD’s updated CEQA Guidelines including thresholds of significance were adopted on June 2,
2010. On March 5, 2012 the Alameda County Superior Court issued a judgment finding that
BAAQMD had failed to comply with CEQA when it adopted its 2010 Thresholds. The court did not
determine whether the Thresholds were valid on the merits, but found that the adoption of the
Thresholds was a project under CEQA. The court issued a writ of mandate ordering BAAQMD to set
aside the Thresholds and cease dissemination of them until BAAQMD had complied with CEQA.
The 2010 Thresholds are more conservative than the previous 1999 version and have been used in
this analysis for a conservative determination of impact significance. Current thresholds of
significance for Criteria Air Pollutants are set by BAAQMD as summarized below:
BAAQMD CRITERIA POLLUTANT THRESHOLDS OF SIGNIFICANCE
Pollutant Construction-Related Operational-Related
Average Daily Emissions
(lbs./day)
Average Daily Emissions
(lbs./day)
Maximum Annual
Emissions (tpy)
ROG 54 54 10
NOX 54 54 10
PM10 82 (exhaust only) 82 15
PM2.5 54 (exhaust only) 54 10
PM10/PM2.5
(fugitive dust)
Best Management
Practices
None
Source: BAAQMD Adopted Air Quality CEQA Thresholds of Significance - June 2, 2010
Project-related air quality impacts fall into two categories: short-term impacts that would occur during
construction of the Project and long-term impacts due to Project operation.
Construction Emissions
BAAQMD presents screening criteria in their CEQA Guidelines that identify project sizes by type
that could have the potential to result in emissions over criteria levels. For example, this table
includes a construction-period criteria pollutant screening level of 114 single family dwelling units or
277,000 square feet of retail uses.8 While construction of billboards is not specifically listed on this
screening table, it can be reasonably concluded from a comparison to the entries on this table that the
minimal construction activities required for this Project, including only a few days of activity, would
be well below threshold levels.
However, BAAQMD recommends implementation of construction mitigation measures to reduce
construction-related emissions and fugitive dust for all projects, regardless of the significance level of
construction-period impacts. These basic measures are included in Mitigation Measure Air-1, below
and would further reduce construction-period criteria pollutant impacts.
Mitigation Measure
Air-1: Basic Construction Management Practices. The Project shall demonstrate
proposed compliance with all applicable regulations and operating procedures prior
to issuance of demolition, building or grading permits, including implementation of
the following BAAQMD “Basic Construction Mitigation Measures”.
i) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
ii) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
8 BAAQMD, May 2011, California Environmental Quality Act Air Quality Guidelines, pp. 3-2 to 3-3.
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iii) All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
iv) All vehicle speeds on unpaved roads shall be limited to 15 mph.
v) All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
vi) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
vii) All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
viii) Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
Operational Emissions
Similar to the analysis for construction-period impacts above, the Project was compared to BAAQMD
screening criteria for operational pollutants. As it relates to operational pollutants, this table includes
screening levels of 325 single family dwelling units or 99,000 square feet of regional shopping center
uses.9 These example uses would utilize over 1,000,000 kilowatt-hours per year.10
In 2010 (the most recent data available), Clear Channel billboards average annual usage for double-
sided digital billboards of the same size as that proposed was 86,400 kilowatt-hours (kwh), or less
than one tenth the emissions of a project that would be expected to have emissions above threshold
levels.
While operation of digital billboards is not specifically listed on this screening table, it can be
reasonably concluded from a comparison to the BAAQMD screening table that operational emissions
resulting from this Project would be well below threshold levels.
Additionally, BAAQMD presents as screening criteria for carbon monoxide impacts traffic-based
criteria. As operation of the proposed Project would not impact traffic levels, the Project would be
below carbon monoxide threshold levels.
Therefore, the Project impact related to operational pollutant emissions would be less than
significant.
d) Sensitive Receptors
For the purpose of assessing impacts of a proposed Project on exposure of sensitive receptors to risks
and hazards, the threshold of significance is exceeded when the project-specific cancer risk exceeds
10 in one million or the non-cancer risk exceeds a Hazard Index of 1.0. Examples of sensitive
9 BAAQMD, May 2011, California Environmental Quality Act Air Quality Guidelines, pp. 3-2 to 3-3.
10 Calculated using energy utilization rates from BAAQMD’s Greenhouse Gas Model (BGM).
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receptors are places where people live, play or convalesce and include schools, hospitals, residential
areas and recreation facilities.
The Project itself is not considered a sensitive receptor and operation of the Project would not be
considered a source of hazardous emissions. However, construction activity that uses traditional
diesel-powered equipment results in the emission of diesel particulate matter, which is considered a
toxic air contaminant and potential health risk. The generation of these emissions would be
temporary, confined to the construction-period of a few active days at each site.
BAAQMD provides a document titled Screening Tables for Air Toxics Evaluation during
Construction to estimate the potential for significant air quality health risk impacts associated with
construction activity based on general project characteristics, such as type and size, utilizing worst-
case and conservative assumptions. The table is not intended to be used for projects substantially
different from the described residential, commercial and industrial projects.11 Therefore, the table
cannot be used directly for this Project. However, a brief comparison of the BAAQMD Screening
Table to Project characteristics is used to analyze the health risk impacts. The smallest projects
identified in the Screening Table include construction of a 5 unit residential project on 1.7 acres and
construction of a 5,000 square foot commercial project on 0.2 acres. The screening table reports that
under worst-case conditions, there is the potential for significant health risk if a sensitive receptor is
located within 95 or 100 meters (up to 328 feet) of such a construction site.
The nearest sensitive receptor to the Project site is over 2,300 feet away. Additionally, BAAQMD
Screening Tables for Air Toxics Evaluation use a two-year construction period for screening
purposes, the shortest period they recommend with the health risk modeling. While it is inappropriate
to use this table to quantify an approximate risk for such a different project than those listed, it is
reasonable to conclude that emissions and the resultant health risks from an exposure period of only a
few days would be substantially less than emissions over a 2 year period. The health risk models and
methods are not considered accurate for such short durations as the construction-period of this
Project.
Given the distance to sensitive uses and that the exposure duration would be shorter than that able to
be accurately modeled as well as substantially shorter than projects in BAAQMD’s Screening Table,
it can reasonably be assumed that the potential health risk from construction-period emissions would
be less than significant.
Additionally, as recommended by the BAAQMD, standard construction Best Management Practices
would be implemented to reduce emissions as outlined in mitigation measure Air-1. This would
further reduce diesel and particulate matter emissions.
e) Objectionable Odors. Operation of the billboard would not result in objectionable odors. During
construction, diesel-powered vehicles and equipment would create odors that some may find
objectionable. However, these odors would be temporary and not likely to be noticeable much beyond
the Project site’s boundaries. Therefore, the potential for objectionable odor impacts is considered
less than significant.
11 BAAQMD, May 2010, Screening Tables for Air Toxics Evaluation During Construction, Version 1.0.
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4. BIOLOGICAL RESOURCES
Would the project: Po
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a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or US Fish
and Wildlife Service?
c) Have a substantial adverse effect on federally protected wetlands as defined
by Section 404 of the Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or
migratory wildlife corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan?
a-c) Special Status Species and Habitat and Wetlands. A biological assessment was conducted by H.T.
Harvey and associates, as included in full as Attachment A. This included both daytime and evening
site visits on August 27, 2012 and another daytime visit on August 31, 2012.
The Project site is located on the perimeter of a large commercial parking lot. The project site is
paved and completely devoid of vegetation in the immediate vicinity of the proposed billboard.
A chain-link fence separates the Project site from an approximately 45-ft wide strip of ruderal (i.e.,
disturbance-associated) vegetation that occupies the area between the Project site and U.S. 101 to the
east. Dominant species present in the adjacent ruderal habitat include cypress (Cupressus sp.), toyon
(Heteromeles arbutifolia), and non-native French broom (Cytisus monspessulanus). The ruderal
habitat immediately east of the Project site (approximately 26 ft east of the proposed billboard pole)
also supports a wetland with a dense stand of horsetail (Equisetum sp.). This wetland appears to be
supported by runoff from the adjacent parking lot, and meets the physical criteria and regulatory
definition of “waters of the United States”.
Direct Effects of Billboard Installation
Due to the highly disturbed nature of the Project site and the immediately surrounding vicinity, it is
extremely unlikely that any special-status species would occur in the Project area. The vast majority
of plant and animal species occurring here are very common species associated with urban,
developed, and ruderal conditions throughout the San Francisco Bay area. There was no evidence that
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sensitive species were present on the Project site and no habitat capable of supporting sensitive
species is present within or immediately adjacent to the site.
No wetlands, riparian habitats, or other sensitive habitats are present within the immediate Project
site. Thus, since construction does not extend into the horsetail-lined wetland to the east, no sensitive
habitats would be impacted by the construction of the billboard. Further, no special-status plant or
wildlife species are expected to occur within the Project area. The only wildlife species that may be
using habitats in the immediate vicinity of the Project site during construction are common birds such
as the house finch (Carpodacus mexicanus), American robin (Turdus migratorius), and northern
mockingbird (Mimus polyglottos). These species are locally and regionally abundant, and Project
effects on these species will not be significant under the CEQA.
The impact related to direct effects on special-status species and habitats would be less than
significant.
Indirect Effects of Illuminance on Off-Site Areas
The potential for impacts related to illuminance of the billboard on wildlife in off-site areas was
assessed. Some animals are extremely sensitive to light queues, which influence their physiology and
shape their behaviors, particularly during breeding season. Artificial lighting may indirectly impact
mammals and birds by increasing the nocturnal activity of predators and/or causing avoidance of
well-lit areas resulting in a net loss of habitat availability and quality.
The Project site is completely surrounded by urban habitats that do not support sensitive species that
might be significantly impacted by illuminance from the proposed LED billboard. Similarly, the small
wetland immediately adjacent to the Project site is not expected to support sensitive species. The San
Francisco Bay to the east provides suitable habitat for a variety of wildlife, including the federally and
state listed California clapper rail (Rallus longirostris obsoletus), and the federally listed mission blue
butterfly (Aricia icarioides missionensis) has been observed at Sign Hill Park to the north of the
Project site. However, these habitats are located too far from the Project site to be affected by
illuminance from the proposed LED billboard. Similarly, Colma Creek to the north of the Project site
and the unnamed channel to the south are located too far from the Project site to be affected by
illuminance from the proposed billboard. The indirect impact of illuminance from the billboard on
sensitive habitats and species is less than significant.
d) Wildlife Corridors. The physical structure of the billboard itself would not impact the movement of
any wildlife species. However, avian flight behavior could be impacted by artificial illuminance. The
primary way in which the luminance of an LED billboard might impact the movements of birds in the
Project area is through the disorientation of nocturnally migrating birds. Such birds may alter their
orientation upon sighting the light and become drawn toward the billboard, potentially striking
objects such as buildings, adjacent power lines, or even the billboard itself.
The visibility of the proposed LED billboard to birds in flight, and thus the risk they pose to flying
birds, depends primarily on the beam angle of the billboards relative to the flightlines of birds and on
the luminance (brightness) of the billboards as perceived by the birds. The directional nature of LED
lighting and the projected viewing angle values of ± 30° vertically and ± 60° horizontally suggest that
the viewing angle of the billboards will be narrow enough to preclude attracting migrating birds on
clear nights, when they fly high enough to be outside the viewing angle of the billboard. Shaders
located above each row of lights will prevent light from projecting upward into the sky. As a result,
birds flying more than 30° above the center of the billboard’s beam angle will not be affected by light
from the billboard. However, migrating birds are forced to fly low during foggy and rainy conditions,
which may bring them into the viewing angle of the billboard.
The LED display on the billboard face can be changed every 8 seconds from a static image to a static
image, resulting in a changing light source. Colors and patterns of color on the billboard would thus
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be changing, and birds flying near the billboard would not perceive it as a fixed, unchanging light, the
type of light that appears to be most attractive to birds.
It is possible that some birds that find themselves near the center of the beam angle may be attracted
to the billboard. However, this is not expected to result in long-term consequences, such as increased
bird-strike mortalities or substantial interference with bird movements because the billboard will be
focused on the highway, not on airspace above the highway. Thus, a relatively limited area at low
altitude above U.S. 101 will be within the center of the billboard’s beam angle.
Because the area surrounding the billboard is heavily urbanized and contains no habitats of value to
estuarine birds using the San Francisco Bay habitats to the east, we do not expect large numbers of
birds (especially species of conservation concern) to be flying in a north-south direction, and at low
altitudes that would be within the beam, close enough to the billboard for disorientation to occur at
all. Therefore, it is not expected that birds moving through or around the Project area to be attracted
to the billboard for such a long duration that bird-strike mortality occurs or substantial interference
with bird movements occurs.
Given the configuration of bird habitats in the vicinity of the site (which does not lend itself to
directed bird flights toward the billboard), the changing images that will be displayed on the LED
billboard, the narrow viewing angle, and the use of shaders to prevent light from projecting upward
into the sky, the Project’s impacts on avian flight behavior would be less than significant.
d) Local Policies and Ordinances. There are no local policies or ordinances directly applicable to this
Project. The landscaping on the adjacent Caltrans setback is maintained by Caltrans with billboard
visibility taken into consideration and would continue to operate that way. No tree removal is
proposed with this Project. Therefore, the Project would have no impact regarding conflicts with
local policies and ordinances, including tree preservation.
e) Habitat Conservation Plan. There is no Habitat Conservation Plan applicable to the Project site.
Therefore, the Project would have no impact in this regard.
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5. CULTURAL RESOURCES
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a) Cause a substantial adverse change in the significance of a historical resource
as defined in Public Resources Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological
resource pursuant to Public Resources Section 15064.5?
c) Directly or indirectly destroy a unique paleontological resource or site or
unique geologic feature?
d) Disturb any human remains, including those interred outside of formal
cemeteries?
a–d) Historic, Archaeological and Paleontological Resources and Human Remains. The Project site is
previously disturbed and there are no known resources at the site. A records search performed by the
Northwest Information Center (included as Attachment D) resulted in the following considerations:
Based on an evaluation of the environmental setting and features associated with known sites, Native
American resources in this part of San Mateo County have been found in close proximity to sources
of water (including perennial and intermittent streams and springs), near the bay margin and its
associated wetlands, and near ecotones and other productive environments. The proposed Project area
is located within the lower reaches of the Colma Creek basin. Based on 19th century maps, the
Project area was dominated by estuaries that have since been covered in artificial fill. Given the
correlation of these environmental factors, coupled with the regional archaeological sensitivity, there
is a moderate potential of unrecorded Native American resources (especially buried deposits with no
surface indications) within the proposed Project area. If present, these would be located below any
artificial fill at the surface, but potentially within the 35 foot depth of the proposed disturbance. There
is a low potential of identifying other types of unrecorded cultural resources.
Mitigation Measure
Cultural-1: Cultural Monitoring and Mitigation Plan. The Project applicant shall fund preparation and
implementation of a cultural monitoring and mitigation plan by a qualified archaeologist to
address the potential for presence and disturbance of Native American archaeological
resources or remains during excavation of the billboard pole footing. This will include at a
minimum monitoring during excavation of the billboard pole footing and may also include
but is not limited to additional archival research, hand auger sampling, shovel test units,
geoarchaeological analysis, or other common methods used to identify the presence of
archaeological resources to be determined per the recommendation of the qualified
archaeologist. The archaeologist and construction contractors shall follow the appropriate
procedures should any cultural resources or human remains be discovered during ground
disturbance.
Preparation and implementation of a cultural monitoring and mitigation plan would assure that
discovery of any cultural resources would be identified and treated appropriately and therefore that
any impact in this regard would be less than significant.
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6. GEOLOGY AND SOILS
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a) Expose people or structures to potential substantial adverse effects, including
the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial evidence of a known
fault? (Refer to Division of Mines and Geology Special Publication 42)
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform
Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers are not available for
the disposal of waste water?
a, d) Seismic Hazards. The San Francisco Bay Area is a seismically active region and the structure is
likely to encounter strong seismic ground shaking during its lifetime. Additionally, the Project
location is in the lowland zone of South San Francisco, which can be underlain by Bay Mud and
associated with shrink-swell, settlement, corrosivity and liquefaction.12 The billboard requires
building permits and would be constructed to the current building code standards. These standards
include consideration of geologic and seismic conditions. Soil conditions at the billboard site would
be identified and considered as part of the design process.
There are no active earthquake faults known to pass through the vicinity of the Project.13 There would
be no impact related to rupture of a known earthquake fault.
The Project site is in an area of relatively flat topography and the possibility of landslides is
considered unlikely.14 There would be no impact related to landslides.
Therefore, the impact related to seismic hazards would be less than significant.
12 City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan, 1999, pp. 246 to 250.
13 State of California Department of Conservation, State of California Special Studies Zones (Delineated in compliance with
Alquist-Priolo Special Studies Zones Act), San Francisco South, January 1, 1982.
14 City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan, 1999, p.250.
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Page 42 101 Terminal Court Clear Channel Billboard Project
b) Soil Erosion. The Project would not involve significant grading. The Project applicant must obtain
coverage under the General Construction Activity Storm Water Permit (General Construction Permit)
issued by the State Water Resources Control Board (SWRCB), which will address any erosion
potential from ground disturbance. With compliance with applicable regulations, the impact related to
soil erosion would be less than significant.
c, d) Unstable or Expansive Soil. Construction of the Project may require temporary groundwater
pumping as groundwater may be encountered during the drilling of the foundation hole. The hole
would be drilled and the following day, the pole structure would be installed and concrete poured to
fill the hole. As a result continuous groundwater pumping would not be required or cause subsidence
to occur. There are no other known conditions that could create substantial risks related to expansive
or unstable soils. The impact related to unstable and expansive soil would be less than significant.
e) Septic Tanks. The Project would not include the use of septic tanks and associated disposal facilities.
Therefore, the Project would have no impact in this regard.
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7. GREENHOUSE GAS EMISSIONS
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a) Generate greenhouse gas emissions, either directly or indirectly, that may
have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose
of reducing the emissions of greenhouse gases?
a) Greenhouse Gas Emissions. BAAQMD has determined that greenhouse gas (GHG) emissions and
global climate change represent cumulative impacts. BAAQMD does not have an adopted threshold
of significance for construction-related GHG emissions. The operational threshold of 1,100 metric
tons carbon dioxide equivalent (CO2e) per year was used for both construction-period and operational
period for a conservative analysis.
BAAQMD’s GHG Emissions Model includes a GHG emission factor of 804.54 lbs of CO2 per
megawatt-hour of electricity usage. (Other GHGs would have a negligible contribution to overall
GHG levels from energy usage, so were not calculated here.) In 2010, Clear Channel billboards’
average annual usage for double-sided LED billboards of the same size as the current proposal was
86,400 kwh. This results in emissions of 31.53 metric tons CO2 per year for a 14’ by 48’ LED
billboard. This is well below the threshold level of 1,100 metric tons.
BAAQMD does not suggest a threshold for assessment of construction-period GHG emissions
impacts or provide a screening level at which to compare projects. However, with a construction
period of only a few days, construction-period GHG emissions would be minimal and would add a
negligible amount to the lifetime operational GHG emissions discussed above.
Therefore, the Project impact related to GHG emissions would be less than significant.
b) Greenhouse Gas Reduction Plans. The Project is not located in a community with an adopted
qualified GHG Reduction Strategy, so consistency with such a plan cannot be analyzed. GHG
emissions associated with the development of the proposed Project were analyzed per the BAAQMD
May 2011 CEQA Air Quality Guidelines. BAAQMD’s thresholds and methodologies take into
account implementation of state-wide regulations and plans, such as the AB 32 Scoping Plan and
adopted state regulations such as Pavley and the low carbon fuel standard. Therefore, there would be
no impact in relation to consistency with GHG reduction plans.
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Page 44 101 Terminal Court Clear Channel Billboard Project
8. HAZARDS AND HAZARDOUS MATERIALS
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a) Create a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release
of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan
has not been adopted, within two miles of a public airport or public use
airport, would the project result in a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a private airstrip, would the project result
in a safety hazard for people residing or working in the project area?
g) Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death
involving wildland fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands?
a, b, d) Hazardous Materials. Digital billboards are designed to withstand wind forces as required by state
law, and are subject to building permit requirements that ensure compliance with applicable building
and electrical codes. Soil conditions are identified and considered in the design of such structures. No
hazardous materials are emitted during operation of the billboard.
Project operations are not expected to create a significant hazard through the routine transport, use or
disposal of hazardous materials. It is assumed that any materials used during construction activities or
for maintenance of the billboard that would be considered hazardous would be utilized in compliance
with applicable regulations. It is also noted that state and federal laws require proper handling, use
and disposal of hazardous materials. These same laws and regulations require the prevention and
reduction of injury to people and the environment in the event of an accidental release. Consequently,
there are no reasonably foreseeable operational upset or accidental conditions that would involve a
significant release of hazardous materials into the environment.
During the installation process of the billboard, holes would be drilled and the excavated soil would
be transported offsite. The Project will also include trenching to connect to electrical supply. Prior to
construction activities, the site will be assessed for the presence of hazardous materials, which, if
present, would be handled appropriately, as per the following mitigation:
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Mitigation Measures
Haz-1: Phase I and/or Phase II Reports. Prior to issuance of construction permits, the City
of South San Francisco shall require the Project applicant to submit a Phase I
environmental site assessment report, and a Phase II report if warranted by the Phase
I report for the Project site. The reports shall make recommendations for remedial
action in accordance with State and Federal laws, if appropriate, and should be signed
by a Registered Environmental Assessor, Professional Geologist, or Professional
Engineer. The Applicant shall comply with these recommendations.
Haz-2: E-Waste Disposal. Electronic components of the billboard may contain materials
considered “e-waste” when disposed of due to potentially hazardous metals, flame
retardants, and other chemicals. The operator shall be required to follow applicable
regulations regarding proper disposal and/or recycling, as appropriate, as components
are replaced or removed over time.
With implementation of Mitigation Measures Haz-1 and Haz-2, the impact relating to the possible
presence of hazardous materials at this site would be less than significant.
c) Hazardous Materials Near Schools. No school is located within one-quarter mile of the Project site.
No hazardous materials with the potential for release during operation would be handled on or
emitted from the site. The Project would represent no impact relative to the potential exposure of
students at nearby schools to hazardous materials at the Project site.
e, f) Airport Hazards. The closest airport is the San Francisco Airport located approximately 1 mile
southeast from the Project site. This is within the jurisdiction of the Airport Land Use Plan for the
San Francisco International Airport, though the site is not directly within the approach pathway.
Federal Aviation Regulations, Part 77, limits structure heights to an elevation of 161 feet above mean
sea level in the most restricted areas, increasing at a slope of 20:1 to a height of 361 feet above mean
sea level.15 The proposed billboard would rise a maximum of 70 feet above a site approximately 11
feet above mean sea level. The billboard height would be below applicable height restrictions.
Additionally, the billboard would not be considered a hazard to air navigation as it would not generate
smoke or rising columns of air, would not attract large concentrations of birds, would not generate
electrical interference that would interfere with aircraft communications or aircraft instrumentation,
would not reflect sunlight, and would not direct steady or flashing lights toward aircraft. 16
There are no other airports, either public or private, within the vicinity of the Project. There would be
a less than significant impact related to airport hazards.
g) Emergency Response Plan. The Project would not alter traffic patterns and would not impair
implementation of any adopted emergency response plan or emergency evacuation plan. Therefore,
the Project would have no impact in this regard.
h) Wildland Fire. The Project site is located in an urbanized area removed from areas typically subject to
wildland fire. Therefore, the Project would have no impact related to wildland fire.
15 City/County Association of Governments of San Mateo County, December 1996, San Mateo County Comprehensive Airport
Land Use Plan, Map SFO-4.
16 Ibid, p.V.-19.
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9. HYDROLOGY AND WATER QUALITY
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a) Result in a significant increase in pollutant discharges to receiving waters
(marine, fresh, and/or wetlands) during or following construction
(considering water quality parameters such as temperature, dissolved
oxygen, turbidity, and typical stormwater pollutants, e.g., heavy metals,
pathogens, petroleum derivatives, synthetic organics, sediment, nutrients,
oxygen-demanding substances, and trash?
b) Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table level (e.g., the produc-
tion rate of pre-existing nearby wells would drop to a level which would not
support existing land uses or planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, in a manner which
would result in substantial erosion or siltation on- or off-site?
d) Substantially increase the rate or amount of surface runoff (e.g., due to due
to increased impervious surfaces) in a manner which would result in
flooding on- or off-site (i.e. within a watershed)?
e) Create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems due to changes in runoff
flow rates or volumes?
f) Result in an increase in any pollutant for which a water body is listed as
impaired under Section 303(d) of the Clean Water Act?
g) Place housing within a 100-year flood hazard area as mapped on a federal
Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area structures, which would impede or
redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee or
dam?
j) Inundation by seiche, tsunami, or mudflow?
a, f) Water Quality and Pollutants. Operation of the Project does not involve the use of water or
generation of waste water. Construction activities, such as drilling a hole for the foundation and
pouring concrete, have the potential to impact water quality. These activities have the potential to
increase sediment loads in runoff that would enter the combined sewer system. Fuel, oil, grease,
solvents, and other chemicals used in construction activities have the potential to create toxicity
problems if allowed to enter a waterway. Construction activities are also a source of various other
materials including trash, soap, and sanitary wastes.
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Construction activities at the Project site would be limited to a few days for installation. Potential
impacts would be minimal, and compliance with City and State regulations would reduce any
potential impacts to surface water and drainage to a less than significant level.
b) The proposed Project is not expected to involve substantial excavation that would impact
groundwater. The Project involves drilling holes approximately 5 feet in diameter with a depth of
approximately 32 feet, which could result in groundwater being encountered. In the event that
groundwater is encountered and dewatering activities are required, it would be short-term as each site
installation is expected to take only a few days to complete and the hole would be filled with concrete
resulting in minimal effects to groundwater. Any dewatering activities associated with the proposed
Project must comply with the General Construction Permit and requirements established by the San
Francisco Bay Regional Water Quality Control Board to ensure that such activities would not result in
substantial changes in groundwater flow or quality.
Following construction, the Project would not substantially change impervious surface area and
would not have a substantial impact on groundwater recharge.
Therefore, the proposed Project would have a less than significant impact on groundwater.
c-e, g-i) Runoff, Drainage and Flooding. The Project would not require service for water. Existing
drainage at each site would be maintained, and no increases in stormwater would result. The Project
is not located in a 100 year flood zone17 and does not consist of housing or present a risk for flooding
or redirection of flood flows. Therefore, there would be no impacts related to runoff, drainage or
flooding.
j) Inundation. The proposed Project is located over 4,000 feet from the San Francisco Bay, and over 6
miles from the Pacific Ocean. Project site elevations are between 10 and 11 feet above mean sea
level. Wave run up from a tsunami is estimated at 6 feet above mean sea level for a 500-year
tsunami.18 Climate change induced sea level rise is estimated at up to 17 inches by 2050 and 69
inches by 2100.19 Therefore, the site is not in danger of inundation from a tsunami or climate change
induced sea level rise. Further, the site is not located near an inland body of water, nor is it located
adjacent to a soil slope susceptible to rapid mass wasting or mudflows. Therefore, there would be a
less than significant impact due to inundation by seiche, tsunami, mudflow or sea level rise.
17 City of South San Francisco prepared by Dyett & Bhatia, October 199, South San Francisco General Plan, Figure 8-3.
18 City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan: Health and Safety Element,
1999, p. 250.
19 Bay Conservation and Development Commission, adopted Oct 6, 2011, San Francisco Bay Plan.
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10. LAND USE AND PLANNING
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a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or regulation of an
agency with jurisdiction over the project (including, but not limited to the
general plan, specific plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or natural community
conservation plan?
a) Physical Division of a Community. The Project site is at the boundary of currently developed parcels
and highways. The billboard would not involve any physical changes that would have the potential to
divide the established community. Thus, the Project would have no impact concerning community
division.
b) Conflict with Land Use Plan. Digital billboards are not currently allowed under South San Francisco
Zoning Code. Amendment of the Zoning Code as proposed with this Project could allow a limited
number of digital billboards (up to three total) if approved in conjunction with Relocation
Agreements. The Project will comply with Outdoor Advertising Association of America guidelines to
minimize light (see the Aesthetics section for additional detail) and applicable highway safety
regulations (see the Transportation section for additional detail) to minimize hazards. Therefore,
assuming approval of the Zoning Code amendments, the Project would have a less than significant
impact with regard to land use plan conflicts.
c) Conflict with Conservation Plan. The Project site is not subject to a conservation plan. It is
surrounded by urban development and has been designated for such land use for a considerable period
of time. The Project would, therefore, have no impact in relation to this item.
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11. MINERAL RESOURCES
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a) Result in the loss of availability of a known mineral resource that would
be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource
recovery site delineated on a local general plan, specific plan or other land
use plan?
a, b) Mineral Resources. The site contains no known mineral resources and has not been delineated as a
locally important mineral recovery site on any land use plan.20 The Project would have no impact with
regard to mineral resources.
20 U.S. Geological Survey, 2005, Mineral Resources Data System: U.S. Geological Survey, Reston, Virginia. Available through:
http://tin.er.usgs.gov/mrds/
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Page 50 101 Terminal Court Clear Channel Billboard Project
12. NOISE
Would the project result in: Po
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a) Exposure of persons to or generation of noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive groundborne vibration
or groundborne noise levels?
c) A substantial permanent increase in ambient noise levels in the project
vicinity above levels existing without the project?
d) A substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project?
e) For a project located within an airport land use plan or, where such a plan
has not been adopted, within two miles of a public airport or public use
airport, exposure of people residing or working in the project area to
excessive noise levels?
f) For a project in the vicinity of a private airstrip, exposure of people
residing or working in the project area to excessive noise levels?
a-d) Excessive Noise or Vibration. Noise impacts resulting from construction depend on the noise
generated by various pieces of construction equipment, the timing and duration of noise generating
activities, and the distance between construction noise sources and noise sensitive receptors.
Construction noise impacts primarily occur when construction activities occur during noise-sensitive
times of the day (early morning, evening, or nighttime hours), the construction occurs in areas
immediately adjoining noise sensitive land uses, or when construction durations last over extended
periods of time (typically greater than one year).
Significant noise impacts do not normally occur when standard construction noise control measures
are enforced at the Project site and when the duration of the noise generating construction period at a
particular receiver or group of receivers is limited to one construction season or less. In this case, the
construction period would span only a few days. Reasonable regulation of the hours of construction,
as well as regulation of the arrival and operation of heavy equipment and the delivery of construction
material, are necessary to protect the health and safety of persons, promote the general welfare of the
community, and maintain the quality of life.
The South San Francisco Noise Ordinance (Chapter 8.32 of the Municipal Code, Section 8.32.050)
restricts construction activities to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, 9:00 a.m. to 8:00
p.m. on Saturdays, and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. This ordinance also limits
noise generation of any individual piece of equipment to 90 dBA at 25 feet or at the property line.
Construction activities will comply with the Noise Ordinance.
Operation of a digital billboard does not produce substantial levels of vibration or noise.
Impacts from noise and vibration generated by the construction and operation of the billboard are less
than significant.
e-f) Airport Noise. A billboard is not a noise sensitive use. Therefore, the Project would result in no
impact under this criterion.
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13. POPULATION AND HOUSING
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a) Induce substantial population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere?
a-c) Substantial Population Growth. The proposed Project would not induce population growth and would
displace neither existing housing nor people. Therefore, there would be no impact in this regard.
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Page 52 101 Terminal Court Clear Channel Billboard Project
14. PUBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new
or physically altered governmental facilities, the construction of which could
cause significant environmental impacts, in order to maintain acceptable service
ratios, response times or other performance objectives for any of the following
public services? Po
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a) Fire protection.
b) Police protection.
c) Schools.
d) Parks.
e) Other public facilities.
a-e) Public Services. The proposed Project would not increase the demand for public services. Therefore,
there would be no impact in this regard.
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101 Terminal Court Clear Channel Billboard Project Page 53
15. RECREATION
Would the project: Po
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a) Increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated.
b) Include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the
environment.
a-b) Recreation. The proposed Project would not construct or increase the use of recreational facilities.
Therefore, there would be no impact in this regard.
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Page 54 101 Terminal Court Clear Channel Billboard Project
16. TRANSPORTATION
Would the project: Po
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a) Conflict with an applicable plan, ordinance or policy establishing measures
of effectiveness for the performance of the circulation system, taking into
account all modes of transportation including mass transit and non-
motorized travel and relevant components of the circulation system,
including but not limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
b) Conflict with an applicable congestion management program, including, but
not limited to level of service standards and travel demand measures, or
other standards established by the county congestion management agency
for designated roads or highways?
c) Result in a change in air traffic patterns, including either an increase in
traffic levels or a change in location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or programs regarding public transit,
bicycle, or pedestrian facilities, or otherwise decrease the performance or
safety of such facilities?
a-c, f) Vehicle and Air Traffic and Alternative Transportation. The operation of digital billboards would
not result in any increase in vehicle trips or changes in air traffic patterns or alternative transportation.
Traffic generated for construction would be minimal in both level and duration. There would be no
impact in this regard.
d) Hazards. The Project proposes to construct and operate one double-sided digital billboard and amend
the Zoning Code to also allow up to two additional digital billboards along U.S. 101 within the City
limits, if approved in conjunction with Relocation Agreements. The billboards would be visible from
the roadway.
Digital billboards employ LED technology and allow for periodic changes in display. The capability
of digital billboards to present changing images has raised concerns regarding the effect of such
signage on traffic safety. The primary concern has been effects on driver attention, but concerns have
also been raised regarding the potential for such signage to produce light of such intensity or direction
that it could interfere with driver vision.
FHWA has addressed signage issues in general, and digital signs in particular. As part of its
agreement with various states pursuant to the Highway Beautification Act, for example, FHWA has
confirmed that no sign is allowed that imitates or resembles any official traffic sign, and that signs
may not be installed in such a manner as to obstruct, or otherwise physically interfere with an official
traffic sign, signal, or device, or to obstruct or physically interfere with the vision of drivers in
approaching, merging or intersecting traffic. These provisions may be enforced by the FHWA, but the
agreement with the State of California also requires Caltrans to enforce these provisions.
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The FHWA agreement with California includes specific provisions regarding the brightness of
signage:
Signs shall not be placed with illumination that interferes with the effectiveness of, or obscures any
official traffic sign, device or signal; shall not include or be illuminated by flashing, intermittent or
moving lights (except that part necessary to give public service information such as time, date,
temperature, weather or similar information); shall not cause beams or rays of light to be directed at
the traveled way if such light is of such intensity or brilliance as to cause glare or impair the vision of
any driver, or to interfere with any driver’s operation of a motor vehicle. (Agreement dated February
15, 1968)
The FHWA has responded to the development of signs that present changing messages, either
mechanically or digitally, with an interpretation of its agreements with the states pursuant to the
Highway Beautification Act. The FHWA discussed “changeable message signs” in a Memorandum
dated July 17, 1996, concluding that a state could reasonably interpret the provisions of its agreement
with the FHWA “…to allow changeable message signs… The frequency of message change and
limitation in spacing for these signs should be determined by the State.”
On September 25, 2007 the FHWA again issued a Memorandum on the subject of off-premises
changeable electronic variable message signs, or CEVMS. The Memorandum stated that proposed
laws, regulations and procedures that allowed CEVMS subject to acceptable criteria would not violate
the prohibition on “intermittent” or “flashing” or “moving” signs as used in the state agreements. The
Memorandum identified “ranges of acceptability” relating to such signage, as follows:
Duration of message: Duration of display is generally between 4 and 10 seconds; 8 seconds is
recommended;
Transition time: Transition between messages is generally between 1 and 4 seconds; 1 to 2
seconds is recommended;
Brightness: The sign brightness should be adjusted to respond to changes in light levels;
Spacing: Spacing between the signs should be not less than the minimum specified for other
billboards, or greater if deemed required for safety;
Locations: Location criteria are the same as for other signage, unless it is determined that specific
locations are inappropriate.
The Project as proposed will comply with these criteria.
The Memorandum also referred to other standards that have been found helpful to ensure driver
safety. These include a default designed to freeze the display in one still position if a malfunction
occurs; a process for modifying displays and lighting levels where directed by Caltrans to assure
safety of the motoring public; and requirements that a display contain static messages without
movement such as animation, flashing, scrolling, intermittent or full-motion video. Manufacturers and
operators of digital billboards currently use a full-black screen in the event of a malfunction.
In addition to the provisions of the Highway Beautification Act (23 U.S.C. §131) and the FHWA
memoranda discussed above, the state of California has adopted the Outdoor Advertising Act
(Business and Professions Code §§5200 et seq.) and regulations implementing its provisions
(California Code of Regulations, Title 4, Division 6, §§2240 et seq.). These include provisions that
deal specifically with “message centers,” which are defined as “…an advertising display where the
message is changed more than once every two minutes, but no more than once every four seconds.”
(§5216.4)
Consistent with the memoranda executed pursuant to the Highway Beautification Act, the Outdoor
Advertising Act provides that message center displays that comply with its requirements are not
considered flashing, intermittent or moving light. (§5405(d)(1)) The requirements provide that such
signs must not display messages that change more than once every four seconds, and that no message
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center may be placed within 1,000 feet of another message center display on the same side of the
highway.
The California Vehicle Code regulates the brightness of billboard lighting. Vehicle Code §21466.5,
which identifies the applicable standard, may be enforced by Caltrans, the California Highway Patrol,
or local authorities. Vehicle Code §21467 provides that each prohibited sign, signal, device or light is
a public nuisance and may be removed without notice by Caltrans, the California Highway Patrol or
local authorities.
Caltrans requires that any person engaged in the outdoor advertising business must obtain a license
from Caltrans and pay the required fee. (§5300) No person may place any advertising display in areas
subject to Caltrans authority without having a written permit from Caltrans. (§5350)
These provisions of law and regulation effectively regulate sign location and brightness to ensure that
digital billboards will not be located in such a manner as to create hazards due to lighting conditions
themselves. Digital billboards are equipped with sensors that modify the brightness of the sign in
response to ambient lighting conditions, thus ensuring that the brightness of the display in evening,
nighttime or dawn conditions does not present a traffic hazard.
As digital billboard technology has developed, the issue has been raised as to whether digital
billboards themselves, regardless of compliance with such operating restrictions, present a distraction
to drivers and thereby create conditions that could lead to accidents. FHWA has monitored the issue
closely, and released its report updating the agency’s view of the issues and research. The report is
entitled: “The Effects of Commercial Electronic Variable Message Signs (CEVMS) on Driver
Attention and Distraction: An Update.”21
The FHWA report addressed the basic research question of whether operation of a CEVMS along the
roadway is associated with a reduction of driving safety for the public. The report identified three
fundamental methods for answering this question: (1) whether there is an increase in crash rates in the
vicinity of CEVMS, (2) whether there is an increase in near-crashes, sudden braking, sharp swerving
and other such behaviors in the vicinity of CEVMS, and (3) whether there are excessive eye glances
away from the roadway in the vicinity of CEVMS.
The report discusses existing literature and reports of studies, key factors and measures relating to
CEVMS and effects on traffic, and recommends a study approach. An extensive bibliography is
included in the report. The report does not purport to provide guidance to states on the control of
CEVMS. The report confirmed that there have been no definitive conclusions about the presence or
strength of adverse safety impacts from CEVMS. Similarly, a study performed under the National
Cooperative Highway Research Program (NCHRP), Project 20-7 (256) entitled “Safety Impacts of the
Emerging Digital Display Technology for Outdoor Advertising Signs” (NCHRP Report) reviewed
existing literature. Both reports agreed that digital billboards should be regulated as a means of
protecting the public interest.
Various restrictions have been identified in reports that relate to the location and operation of digital
billboards that seek to reduce safety concerns. These relate to brightness, message duration and
message change interval, billboard location with regard to official traffic control devices, roadway
geometry, vehicle maneuver requirements at interchanges (i.e., lane drops, merges and diverges), and
with regard to the specific constraints that should be placed on the placement and operation of such
signs. Regulation of operations could include, for example, the time any single message may be
displayed, the time of message transition, brightness of the sign and controls that adjust brightness
21 U.S. Department of Transportation Federal Highway Administration, The Effects of Commercial Electronic Variable
Message Signs (CEVMS) on Driver Attention and Distraction: An Update, February 2009, Publication no. FHWA-HRT-09-018.
Available at http://www.fhwa.dot.gov/realestate/cevms.htm.
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based on the ambient light environment, and design and placement that ensures that the sign does not
confuse drivers, or create dangerous glare.
Restrictions on digital billboards contained within the Outdoor Advertising Act and enforced by
Caltrans regulate many of the conditions that have been identified as relevant to traffic safety.
Caltrans regulates the location and size of each proposed digital billboard through its application
process as well as the distance between such signs. California statutory provisions regulate brightness
of displays. Through state law and the Vehicle Code, such signage would be prohibited from
displaying flashing lights or images.
It should be noted that there are various studies supporting conflicting conclusions regarding the
safety of digital billboards and incidence of driver distraction. This analysis has been performed
utilizing state and federal published studies and adopted regulations as the best information available
at this time.
Significant effects could occur if the proposed digital billboard did not comply with restrictions
regarding location, intensity of light, light trespass, or other restrictions, especially those enforced by
the California Department of Transportation (Caltrans) pursuant to its authority under the agreements
between the U.S. Department of Transportation under the Highway Beautification Act, and the
Outdoor Advertising Act. Mitigation Measure Traf-1 would ensure that the City receives accurate
information from the operator regarding compliance on an ongoing basis.
Mitigation Measure
Traf-1: Annual Report. The operator the digital billboard shall submit to the City, within
thirty days following June 30 of each year, a written report regarding operation of
each digital billboard during the preceding period of July 1 to June 30. The operator
may submit a combined report for all such digital billboards operated by such
operator within the City limits. The report shall, when appropriate, identify incidents
or facts that relate to specific digital billboards. The report shall be submitted to the
Director of the Economic and Community Development Department and shall
include information relating to the following:
a. Status of the operator’s license as required by California Business and
Professions Code §§5300 et seq.;
b. Status of the required permit for individual digital billboards, as required by
California Business and Professions Code §§5350 et seq.;
c. Compliance with the California Outdoor Advertising Act, California Business
and Professions Code §§5200 and all regulations adopted pursuant to such Act;
d. Compliance with California Vehicle Code §§21466.5 and 21467;
e. Compliance with provisions of written agreements between the U.S. Department
of Transportation and the California Department of Transportation pursuant to
the federal Highway Beautification Act (23 U.S.C. §131);
f. Compliance with mitigation measures identified in the Mitigated Negative
Declaration adopted as part of Project approval;
g. Each written or oral complaint received by the operator, or conveyed to the
operator by any government agency or any other person, regarding operation of
each digital billboard included in the report;
h. Each malfunction or failure of each digital billboard included in the report,
which shall include only those malfunctions or failures that are visible to the
naked eye, including reason for the malfunction, duration and confirmation of
repair; and
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i. Operating status of each digital billboard included in the report, including
estimated date of repair and return to normal operation of any digital billboard
identified in the report as not operating in normal mode.
Another area of concern is the potential development of interactive billboards that would be capable
of communicating with vehicles or passengers. The use and development of this technology would
have consequences, and should be identified by the operator prior to any implementation. Mitigation
Measure Traf-2, set forth below, would require notice to the City in the event such features are
proposed. The mitigation measure also confirms prohibitions on visual effects.
Mitigation Measure
Traf-2: Operational Safety. The operation of the digital billboard shall comply with the
following at all times:
a. No special visual effects that include moving or flashing lights shall accompany
any message or the transition between two successive messages
b. The operator shall not install or implement any technology that would allow
interaction with drivers, vehicles or any device located in vehicles, including, but
not limited to a radio frequency identification device, geographic positions
system, or other device without prior approval of the City of South San
Francisco, taking into consideration technical studies and CalTrans or US DOT
policies and guidance available at the time of the request.
Implementation of Mitigation Measures Traf-1 and Traf-2 would ensure ongoing compliance with
traffic safety regulations and control the use of visual effects and driver interaction that could distract
drivers. With implementation of these mitigation measures, impacts on transportation and traffic
safety would be less than significant.
e) Inadequate Emergency Access. The proposed digital billboard would be located outside travelled
portions of the roadway and would present no obstacles to emergency access.
The billboard would have the capacity to display official messages regarding emergencies, and could
perform as part of the emergency response system, thus resulting in beneficial impacts. Therefore, the
Project would have no impact with regard to inadequate emergency access.
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101 Terminal Court Clear Channel Billboard Project Page 59
17. UTILITIES AND SERVICE SYSTEMS
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No
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a) Exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board?
b) Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm water drainage facilities
or expansion of existing facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment provider which
serves or may serve the project that it has adequate capacity to serve the
project’s projected demand in addition to the provider’s existing commit-
ments?
f) Be served by a landfill with sufficient permitted capacity to accommodate
the project’s solid waste disposal needs?
g) Comply with federal, state, and local statutes and regulations related to
solid waste?
a-g) Utilities. The proposed billboard would require electrical service. Providing such service through
extension of existing electrical service in the vicinity would not result in any significant effects.
The Project would not generate any wastewater or require a supply of potable water. Construction and
operation of the digital billboard would not require other utility services, and would not affect
drainage.
Installation of the proposed billboard would require coordination with various other utility companies
via the Underground Service Alert (USA) to prevent conflicts with subterranean utilities. There
would be no impact on utility services.
Energy: In 2010, Clear Channel billboards’ average annual usage for double-sided digital billboards of
the same size as currently proposed was 86,400 kilowatt-hours (kwh). For a comparison, this equates
to the annual electricity usage of approximately 14.25 single family homes (calculated using
BAAQMD’s GHG Emissions Model rate of 6,047 kwh annual electricity usage). The latest
generation of LED equipment is anticipated to be approximately 15% more energy efficient, but this
technology was only beginning to be installed in November of 2011, so annual usage data was not
available for the newer generation for this analysis.
The digital billboard installed and operated as part of the Project would use electrical energy, and
would be constructed pursuant to current electrical codes, including Title 24. These standards would
ensure that electrical energy would be used efficiently. The GHG emissions associated with this
energy demand are addresed in Item 7, Greehouse Gas Emissions. The underlying question as to
whether digital billboards are an effective or desirable use of electrical energy is a policy question that
may be considered in the Project review process, but any environmental effects are less than
significant.
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18. MANDATORY FINDINGS OF SIGNIFICANCE
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a) Does the project have the potential to degrade the quality of the environ-
ment, substantially reduce the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce the number or restrict the
range of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or prehistory?
b) Does the project have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively considerable” means that the
incremental effects of a project are considerable when viewed in
connection with the effects of past projects, the effects of other current
projects, and the effects of probable future projects.)
c) Does the project have environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly?
a) Environmental Quality. With the implementation of mitigation measures, the Project would not
degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-sustaining levels, or threaten to eliminate a plant
or animal community. The Project would not impact rare or endangered wildlife species, or eliminate
important examples of the major periods of California history or prehistory.
b) Cumulative Impacts and Adverse Effects on Human Beings. The Project includes revision of the
Zoning Code to allow up to three digital billboards along U.S. 101 in South San Francisco if
approved in conjunction with Relocation Agreements. The analysis included in this document takes
into account the potential for two digital billboards in addition to the one currently proposed. No
additional digital billboards beyond these three would be allowed under the proposed Zoning Code
amendment.
Caltrans limits billboards to one every 500 feet along the length of the highway, which leaves the
possibility that additional conventional (as opposed to digital) billboards could be added along U.S.
101 in South San Francisco beyond the three digital billboards. This has the potential to result in
additional cumulative aesthetics impacts. The analysis in this report already considers that two
additional billboards could be located as close as 500 feet to either direction of the proposed
billboard, which represents a worst case scenario that covers either digital or conventional billboards.
Any additional billboards, whether digital or conventional, would be required to undergo design
review and City approval processes, which generally require relocation of one or more other
billboards for a net reduction in the total number of billboards. While the specific location of future
billboard proposals cannot be known at this point, it can be concluded that specifics of impacts to
views would be considered for each proposed location and that Relocation Agreements would keep
the same or reduce the total number of billboards in the area. Therefore, cumulative impacts in
relation to aesthetics would be considered less than significant.
The Project otherwise does not have individually limited but cumulatively considerable adverse
impacts and would not involve substantial adverse effects on human beings, either directly or
indirectly, including effects for which project-level mitigation were identified to reduce impacts to
less than significant levels. These include impacts related to the discovery of unknown cultural
69
101 Terminal Court Clear Channel Billboard Project Page 61
resources, the potential presence of contaminated soil on the construction site, and traffic hazards
related to driver distraction. These potential effects would be less than significant with
implementation of mitigation measures identified in this document and would not contribute in
considerable levels to cumulative impacts.
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Page 62 101 Terminal Court Clear Channel Billboard Project
DOCUMENT PREPARERS
Lamphier – Gregory
(Primary Report Preparers)
Scott Gregory, President
Rebecca Gorton, Senior Planner
1944 Embarcadero
Oakland, Ca. 94606
510-535-6690
Vistarus
(Visual Modeling)
Niral Patel
H.T. Harvey & Associates
(Biological Impacts Assessment)
Ginger M. Bolen, Ph.D., Senior Wildlife Ecologist
City of South San Francisco
This document was prepared in consultation with Gerry Beaudin, Principal Planner, City of South San
Francisco.
SOURCES
1. Bay Area Air Quality Management District, May 2011, California Environmental Quality Act Air
Quality Guidelines.
2. Bay Area Air Quality Management District, May 2010, Screening Tables for Air Toxics Evaluation
During Construction, Version 1.0.
3. California Department of Transportation, Outdoor Advertising Act and Regulations, 2011 Edition.
4. California Department of Transportation, State Scenic Highway Mapping System,
http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm
5. City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan, 1999.
6. Federal Highway Administration- Highway Beautification Act (HBA) codified as Title 23 United
States Code 131, September 25, 2007, Guidance on Off-Premise Changeable Message Signs.
7. Illuminating Engineering Society of North America (IESNA), Lighting Handbook 9th Edition and
10th Edition.
8. Outdoor Advertising Association of America, prepared by Light Sciences Inc., November 29, 2006,
Comparison of Digital and Conventional Billboards.
9. U.S. Geological Survey, 2005, Mineral Resources Data System: U.S. Geological Survey, Reston,
Virginia. Available through: http://tin.er.usgs.gov/mrds/
10. U.S. Department of Transportation, Federal Highway Administration, 2009: The Effects of
Commercial Electronic Variable Message Signs (CEVMS) on Driver Attention and Distraction: An
Update. Publication No. FHWA-HRT-09-018.
71
ATTACHMENT A
Biological Impacts Assessment
72
73
983 University Avenue, Building D Los Gatos, CA 95032 Ph: 408.458.3200 F: 408.458.3210
5 September 2012
Ms. Rebecca Gorton
Lamphier-Gregory
1944 Embarcadero
Oakland, CA 94606
Subject: South San Francisco Clear Channel Billboard Project Biological Impacts Assessment
(HTH #3410-01)
Dear Ms. Gorton:
Per your request, H. T. Harvey & Associates has performed a biological impacts assessment for
the construction of an LED billboard at 101 Terminal Court, South San Francisco, California
(Figure 1). The project site is bounded by Highway 101 to the east and extensive commercial
development to the north, west, and south.
According to information you provided, the new billboard would have an overall height of 70
feet (ft) and a width of 48 ft with a 14 ft by 48 ft LED display screen mounted above a pole with
a 56 ft clearance from grade. The billboard would display multiple advertisements, cycling
between ads every 8 seconds, and would be equipped with ambient light sensors, which would
adjust the brightness of the display correlating with ambient lighting conditions. We understand
that the billboard technology will be the same as that utilized for the Clear Channel LED
billboard along Highway 92 that we analyzed in 2008 and that the same assumptions can be
made regarding illuminance.
METHODS
I conducted a daytime site visit on 27 August 2012 to inspect habitat conditions immediately
surrounding the proposed sign location (which could potentially be disturbed during the
installation of the new LED sign) and in adjacent areas that could be indirectly affected by the
project. I returned to the site that evening to observe qualitatively the existing ambient lighting
in the vicinity of the project site to provide a basis for determining the potential direct and
indirect effects of the billboard’s lighting on wildlife. In addition, H. T. Harvey & Associates
senior plant/wetland ecologist Patrick Boursier, Ph.D., conducted a site visit on 31 August 2012
to assess the site for the presence of potentially sensitive habitats (e.g., wetlands). Following the
completion of the surveys, I determined the potential for the installation of the billboard to
impact biological resources, such as special-status species and sensitive/regulated habitats, based
on the conditions at the proposed billboard location.
EXISTING SITE CONDITIONS
The project site is located on the perimeter of a large commercial parking lot (Park ‘N Fly). A
chain-link fence separates the project site from an approximately 45-ft wide strip of ruderal (i.e.,
disturbance-associated) vegetation that occupies the area between the project site and Highway
74
Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri
Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2012
2 0 21
Miles±
Project Site
Figure 1: Vicinity Map
September 2012
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75
H. T. HARVEY & ASSOCIATES
3
101 to the east. The project site is paved and completely devoid of vegetation; however,
dominant species present in the adjacent ruderal habitat include cypress (Cupressus sp.), toyon
(Heteromeles arbutifolia), and non-native French broom (Cytisus monspessulanus). The ruderal
habitat immediately east of the project site (approximately 26 ft east of the proposed billboard
pole) also supports a wetland with a dense stand of horsetail (Equisetum sp.). This wetland
appears to be supported by runoff from the adjacent parking lot, and meets the physical criteria
and regulatory definition of “waters of the United States”.
Due to the highly disturbed nature of the project site and the immediately surrounding vicinity, it
is extremely unlikely that any special-status species would occur in the project area. The vast
majority of plant and animal species occurring here are very common species associated with
urban, developed, and ruderal conditions throughout the San Francisco Bay area. There was no
evidence that sensitive species were present on the project site and no habitat capable of
supporting sensitive species is present within or immediately adjacent to the site.
BIOLOGICAL IMPACTS ASSESSMENT
Potential project impacts on biotic resources were evaluated from three different perspectives:
The direct effects of the installation of an LED billboard on biotic resources
The indirect effects of illuminance from the LED billboard (i.e., the amount of light from
the billboard that lands on a certain area) on sensitive species in adjacent areas
The potential effects of the LED billboard’s luminance (i.e., the amount of light leaving
the billboard’s surface in a particular direction, or brightness of the LED billboard’s
surface as seen by the eye) on the behavior of birds flying in the site vicinity
In each case, the standards against which we measured the significance of potential impacts were
the California Environmental Quality Act (CEQA) significance criteria. These potential impacts
are assessed in detail below.
DIRECT EFFECTS OF SIGN INSTALLATION
All activity associated with installation of the LED billboard at the project site is presumed to
take place within the paved parking lot, with most such activity concentrated in the immediate
vicinity of the billboard.
No wetlands, riparian habitats, or other sensitive habitats are present within the immediate
project site. Thus, as long as construction does not extend into the horsetail-lined wetland to the
east, no sensitive habitats would be impacted by the construction of the billboard. Further, no
special-status plant or wildlife species are expected to occur within the project area. The only
wildlife species that may be using habitats in the immediate vicinity of the project site during
construction are common birds such as the house finch (Carpodacus mexicanus), American
robin (Turdus migratorius), and northern mockingbird (Mimus polyglottos). These species are
locally and regionally abundant, and project effects on these species will not be significant under
the CEQA.
In summary, no biological impacts that are significant under CEQA will occur as a result of the
installation of a billboard at this location.
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H. T. HARVEY & ASSOCIATES
4
INDIRECT EFFECTS OF ILLUMINANCE OF ADJACENT AREAS
Many animals are extremely sensitive to light cues, which influence their physiology and shape
their behaviors, particularly during the breeding season (Ringer 1972, de Molenaar et al. 2006).
Artificial light has been used as a means of manipulating breeding behavior and productivity in
captive birds for decades (de Molenaar et al. 2006), and has been shown to influence the
territorial singing behavior of wild birds (Longcore and Rich 2004, Miller 2006, de Molenaar et
al. 2006). While it is difficult to extrapolate results of experiments on captive birds to wild
populations, it is known that photoperiod (the relative amount of light and dark in a 24-hour
period) is an essential cue triggering physiological processes as diverse as growth, metabolism,
development, breeding behavior, and molting (de Molenaar et al. 2006). This holds true for
birds, mammals (Beier 2006), and other taxa as well, suggesting that increases in ambient light
may interfere with these processes across a wide range of species, resulting in impacts to wildlife
populations.
Artificial lighting may indirectly impact mammals and birds by increasing the nocturnal activity
of predators like owls, hawks, and mammalian predators (Negro et al 2000, Longcore and Rich
2004, DeCandido and Allen 2006, Beier 2006). The presence of artificial light may also
influence habitat use by rodents such as the salt marsh harvest mouse (Reithrodontomys
raviventris) and salt marsh wandering shrew (Sorex vagrans halicoetes) (Beier 2006), and by
breeding birds (Rogers et al. 2006, de Molenaar et al. 2006), by causing avoidance of well-lit
areas, resulting in a net loss of habitat availability and quality.
The project site is completely surrounded by urban habitats that do not support sensitive species
that might be significantly impacted by illuminance from the proposed LED billboard.
Similarly, the small wetland immediately adjacent to the project site is not expected to support
sensitive species. The San Francisco Bay to the east provides suitable habitat for a variety of
wildlife, including the federally and state listed California clapper rail (Rallus longirostris
obsoletus), and the federally listed mission blue butterfly (Aricia icarioides missionensis) has
been observed at Sign Hill Park to the north of the project site (CNDDB 2012). However, these
habitats are located too far from the project site to be affected by illuminance from the proposed
LED billboard. Similarly, Colma Creek to the north of the project site and the unnamed channel
to the south are located too far from the project site to be affected by illuminance from the
proposed billboard.
According to material provided by Clear Channel Outdoor, the proposed LED billboard is
expected to provide a maximum of 2.23 foot candles (fc) of illuminance (above and beyond
ambient light conditions) at 100 ft (L. Musica, pers. comm.) within its viewing angle.
Illuminance would decrease with lateral distance from the center of the viewing angle, so that
areas 100 ft from the billboard on either side of the center of the viewing angle would experience
even less illuminance. The viewing angle of the proposed LED billboard would be 30
vertically and 60 horizontally on each side (R. Hatton, pers. comm.). The LED billboard
would be angled in such a way as to maximize the amount of visibility from a specific portion of
Highway 101, so the area of brightest night illuminance projected by the proposed billboard
would form a narrow cone directed at oncoming traffic. Further the illuminance would dissipate
so that illuminance beyond 100 ft would be minimal and that beyond 500 ft negligible. Thus, the
proposed LED billboard is not expected to substantially increase the amount of illuminance
77
H. T. HARVEY & ASSOCIATES
5
currently experienced by sensitive habitats (and the species inhabiting them) within San
Francisco Bay, which is located over 3600 ft to the east, or Sign Hill Park, which is located over
5800 ft to the north. Therefore, we do not expect illuminance from the LED billboard to result in
significant impacts on these sensitive habitats or their associated wildlife species.
POTENTIAL EFFECTS OF LED BILLBOARD’S LUMINANCE ON AVIAN FLIGHT BEHAVIOR
The primary way in which the luminance of an LED billboard might impact the movements of
birds in the project area is through the disorientation of nocturnally migrating birds. Such birds
may alter their orientation upon sighting the light and become drawn toward the sign, potentially
striking objects such as buildings, adjacent power lines, or even the sign itself. Migrating birds
are much more likely to be impacted by the billboard’s luminance during foggy or rainy weather,
when visibility is poor (Longcore and Rich 2004, Gauthreaux and Belser 2006).
Hundreds of bird species migrate nocturnally in order to avoid diurnal predators and to minimize
energy expenditures. Evidence that migrating birds are attracted to artificial light sources is
abundant in the literature as early as the late 1800s (Gauthreaux and Belser 2006). Although the
mechanism causing migrating birds to be attracted to bright lights is unknown, the attraction is
well documented (Longcore and Rich 2004, Gauthreaux and Belser 2006). Migrating birds are
frequently drawn from their migratory flight paths into the vicinity of an artificial light source,
where they end up circling the lit area, effectively “captured” by the light (Herbert 1970,
Gauthreaux and Belser 2006). When birds are drawn to artificial lights during their migration,
they become disoriented and possibly blinded by the intensity of the light (Gauthreaux and
Belser 2006). The disorienting and blinding effects of artificial lights directly impact migratory
birds by causing collisions with light structures, buildings, communication and power structures,
or even the ground (Gauthreaux and Belser 2006). Indirect impacts on migrating birds might
include orientation mistakes and increased length of migration due to light-driven detours.
Effects of the Proposed LED Billboards on Flight Behavior
The visibility of the proposed LED billboard to birds in flight, and thus the risk it poses to flying
birds, depends primarily on the beam angle of the sign relative to the flightlines of birds and on
the luminance (brightness) of the sign as perceived by the birds. The directional nature of LED
lighting and the projected viewing angle values of 30 vertically and 60 horizontally suggest
that the viewing angle of the sign will be narrow enough to preclude attracting migrating birds on
clear nights, when they fly high enough to be outside the viewing angle of the sign. Shaders
located above each row of lights will prevent light from projecting upward into the sky. As a
result, birds flying more than 30 above the center of the sign’s beam angle will not be able to
see light from the sign at all. However, migrating birds are forced to fly low during foggy and
rainy conditions, which may bring them into the viewing angle of the billboard.
The proposed billboard could produce a peak value of approximately 641 cd/ft2 of luminance
(LSI 2006). However, in practice, the LED billboards will be operated so that their peak
luminance will be approximately 46 cd/ft2 in the center of the beam angle (R. Hatton, pers.
comm.). For comparison, a full moon at its brightest point produces approximately 232 cd/ft 2
(LRC 2006). The proposed billboard would be equipped with a light sensor that adjusts the
brilliance of the billboard in response to available ambient light, dimming the luminance as
ambient light lessens. The peak luminosity for an LED billboard cited in the 2006 Light
78
H. T. HARVEY & ASSOCIATES
6
Sciences Inc. report to the Outdoor Advertising Association of America (LSI 2006) and indicated
above assumes that the display on the billboard is solid white. In practice, the displays on the
planned LED billboard will contain a variety of colors, which will substantially reduce the
amount of luminance produced.
Additionally, the LED display on the billboard can be changed every 8 seconds from a static
image to a static image, resulting in a changing light source. Colors and patterns of color on the
billboard would thus be changing, and birds flying near the sign would not perceive it as a fixed,
unchanging light, the type of light that appears to be most attractive to birds (Jones and Francis
2003, Gauthreaux and Belser 2006).
It is possible that some birds that find themselves near the center of the beam angle may be
attracted to the sign. However, we do not expect this effect to result in long-term consequences,
such as increased bird-strike mortalities or substantial interference with bird movements because
the sign will be focused on the highway, not on airspace above the highway. Thus, a relatively
limited area at low altitude above Highway 101 will be within the center of the sign’s beam
angle.
Because the area surrounding the sign is heavily urbanized and contains no habitats of value to
estuarine birds using the San Francisco Bay habitats to the east, we do not expect large numbers
of birds (especially species of conservation concern) to be flying in a north-south direction, and
at low altitudes that would be within the beam, close enough to the billboard for disorientation to
occur at all. Thus, we do not expect birds moving through or around the project area to be
attracted to the sign for such a long duration that bird-strike mortality occurs or substantial
interference with bird movements occurs.
Given the configuration of bird habitats in the vicinity of the site (which does not lend itself to
directed bird flights toward the signs), the changing images that will be displayed on the LED
billboard, the narrow viewing angle, and the use of shaders to prevent light from projecting
upward into the sky, we expect the sign’s impacts on avian flight behavior to be less than
significant.
SUMMARY
Based on the information provided by Clear Channel Outdoor concerning the LED billboard, our
review of literature concerning lighting effects on wildlife, our reconnaissance-level surveys of
the site, and our knowledge of likely avian flightlines in the vicinity of the project site, we do not
expect the construction of a new LED billboard to result in significant impacts on wildlife. If the
assumptions made in our analysis concerning the LED billboard’s characteristics (e.g.,
illuminance, luminance, or beam angle) differ from actual characteristics of the billboard,
additional analysis may be necessary to determine whether impacts are significant.
Please feel free to contact me at gbolen@harveyecology.com or (408) 458-3246 if you have any
questions regarding our report. Thank you very much for contacting H.T. Harvey & Associates
regarding this project.
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H. T. HARVEY & ASSOCIATES
7
Sincerely,
Ginger M. Bolen, Ph.D.
Senior Wildlife Ecologist
80
H. T. HARVEY & ASSOCIATES
8
LITERATURE CITED
Beier, P. 2006. Effects of artificial night lighting on mammals in Rich, C. and T. Longcore, eds.
Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. Pp 19-
42.
[CNDDB] California Natural Diversity Database. 2012. Rarefind Version 3.1.1. California
Department of Fish and Game, Biogeographic Data Branch.
DeCandido R. and D. Allen. 2006. Nocturnal hunting by peregrine falcons at the Empire State
Building, New York City. Wilson J. Ornithol. 118(1): 53-58.
de Molenaar, J.G., M.E. Sanders and D.A. Jonkers. 2006. Road lighting and grassland birds:
local influence of road lighting on a black-tailed godwit population in Rich, C. and T.
Longcore, eds. Ecological Consequences of Artificial Night Lighting. Covelo, CA:
Island Press. Pp 114-136.
Gauthreaux, S.A. and C.G. Belser. 2006. Effects of artificial night lighting on migrating birds in
Rich, C. and T. Longcore, eds. Ecological Consequences of Artificial Night Lighting.
Covelo, CA: Island Press. Pp 67-93.
Herbert, A.D. 1970. Spatial disorientation in birds. Wilson Bull. 82(4): 400-419.
Jones, J. and C.M. Francis. 2003. The effects of light characteristics on avian mortality at
lighthouses. J. Avian Biol. 34(4): 328-333.
Longcore, T. and C. Rich. 2004. Ecological light pollution. Front. Ecol. Environ. 2(4): 191-
198.
[LRC] Lighting Research Center. 2006. Illumination fundamentals. Pasadena, CA: Optical
Research Associates. 48 pp.
[LSI] Light Sciences Inc. 2006. Comparison of Digital and Conventional Billboards. Report
prepared for the Outdoor Advertising Association of America. November 29, 2006.
Miller, M.W. 2006. Apparent effects of light pollution on singing behavior of American robins.
Condor 108(1): 130-139.
Negro, J.J., J. Bustamante, C. Melguizo, J.L. Ruiz, and J.M. Grande. 2000. Nocturnal activity
of lesser kestrels under artificial lighting conditions in Seville, Spain. J. Raptor Res.
34(4): 327-329.
Ringer, R.K. 1972. Effect of light and behavior on nutrition. J. Anim. Sci. 35: 642-647.
81
H. T. HARVEY & ASSOCIATES
9
Rogers, D.I., T. Piersma, and C.J. Hassell. 2006. Roost availability may constrain shorebird
distribution: Exploring the energetic costs of roosting and disturbance around a tropical
bay. Biol. Conserv. 33(4): 225-235.
PERSONAL COMMUNICATIONS
Hatton, Robert. Clear Channel Outdoor, Inc. Personal communication with Steve Rottenborn of
H. T. Harvey & Associates, on 18 September 2008.
Musica, Lou. Clear Channel Outdoor, Inc. Personal communication with Steve Rottenborn of
H. T. Harvey & Associates, on 09 September 2008.
82
ATTACHMENT B
Northwest Information Center Records Search Results
83
August 21, 2012 NWIC File No.: 12-0165
Rebecca Gorton
Lamphier-Gregory, Inc.
1944 Embarcadero
Oakland, CA 94606
Re: Record search results for the proposed project at 101 Terminal Court, City of South
San Francisco.
Dear Ms. Gorton:
Per your request received by our office on 15 August 2012, a records search was
conducted for the above referenced project by reviewing pertinent Northwest Information
Center (NWIC) base maps that reference cultural resources records and reports, historic-
period maps, and literature for San Mateo County. Please note that use of the term
cultural resources includes both archaeological resources and historical buildings and/or
structures.
Review of this information indicates that there has been no record of any cultural
resource studies that cover the proposed project area. While there are no archaeological
resources within the proposed project area, several Native American habitation sites are
present in the general vicinity. The Office of Historic Preservation (OHP) Historic Property
Directory (HPD) includes no recorded buildings or structures within the proposed project
area. In addition, the NWIC base maps show no recorded buildings or structures.
At the time of Euroamerican contact, the Native Americans that lived in this portion
of the peninsula were speakers of the Costanoan or Ohlone language, part of the Utian
language family (Levy 1978:485). The settlement patterns of Native Americans living on
the San Francisco peninsula were significantly disrupted earlier that in other regions of
the state. However, as in other areas, settlement patterns would indicate a mixture of
residential occupation of villages and seasonal rounds to exploit resources at their peak.
Reconstruction of tribal names and locations undertaken by Milliken (1995), based
principally on mission registers, would place the proposed project area as being located
within the northern portion of the area controlled by the Urebure (1995:258).
Based on an evaluation of the environmental setting and features associated with
known sites, Native American resources in this part of San Mateo County have been
found in close proximity to sources of water (including perennial and intermittent streams
and springs), near the bay margin and its associated wetlands, and near ecotones and
other productive environments. The proposed project area is located within the lower
84
reaches of the Colma Creek basin. Based on 19th century maps, the project area was
dominated by estuaries that have since been covered in artificial fill. While this land was
adjacent to estuaries in the 19th century, this productive environment has undergone
significant changes as sea levels have rose over last 10,000 years. Given the correlation
of these environmental factors, coupled with the regional archaeological sensitivity, there
is a moderate potential of unrecorded Native American resources (especially buried
deposits with no surface indications) within the proposed project area.
Review of historical literature and maps gave no indication of the possibility of
historic-period archaeological resources within the proposed project area. With this in
mind, there is a low potential of identifying unrecorded historic-period archaeological
resources in the proposed project area.
The 1947 San Francisco South USGS 7.5-minute topographic quadrangle fails to
depict any buildings or structures within the proposed project area; therefore, there is a
low possibility of identifying any buildings or structures 45 years or older within the project
area.
RECOMMENDATIONS:
1) There is a moderate possibility of identifying Native American archaeological
resources and a low possibility of identifying historic-period archaeological resources in
the project area. Given the depth of disturbance for the proposed project (approximately
35 feet below surface) buried terrestrial land surfaces that have the potential for
containing archaeological material may be present below the artificial fill at the surface.
We recommend a qualified archaeologist conduct further archival and field study to
identify cultural resources. Field study may include, but is not limited to, pedestrian
survey, hand auger sampling, shovel test units, or geoarchaeological analyses as well as
other common methods used to identify the presence of archaeological resources
(especially buried deposits with no surface indications). Please refer to the list of
consultants who meet the Secretary of Interior’s Standards at http://www.chrisinfo.org.
2) If the proposed project area contains buildings or structures that meet the
minimum age requirement, prior to commencement of project activities, it is
recommended that this resource be assessed by a professional familiar with the
architecture and history of San Mateo County. Please refer to the list of consultants who
meet the Secretary of Interior’s Standards at http://www.chrisinfo.org.
3) Review for possible historic-period buildings or structures has included only
those sources listed in the attached bibliography and should not be considered
comprehensive.
4) If archaeological resources are encountered during construction, work should
be temporarily halted in the vicinity of the discovered materials and workers should avoid
altering the materials and their context until a qualified professional archaeologist has
evaluated the situation and provided appropriate recommendations. Project personnel
should not collect cultural resources. Native American resources include chert or
85
obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing
shell and bone dietary debris, heat-affected rock, or human burials. Historic-period
resources include stone or adobe foundations or walls; structures and remains with
square nails; and refuse deposits or bottle dumps, often located in old wells or privies.
5) It is recommended that any identified cultural resources be recorded on DPR
523 historic resource recordation forms, available online from the Office of Historic
Preservation’s website: http://ohp.parks.ca.gov/default.asp?page_id=1069
Thank you for using our services. Please contact this office if you have any
questions, (707) 588-8455.
Sincerely,
Bryan Much
Assistant Coordinator
86
LITERATURE REVIEWED
In addition to archaeological maps and site records on file at the Northwest Information Center of
the Historical Resources Information System, the following literature was reviewed:
Barrows, Henry D., and Luther A. Ingersoll
2005 Memorial and Biographical History of the Coast Counties of Central California.
Three Rocks Research, Santa Cruz (Digital Reproduction of The Lewis Publishing
Company, Chicago: 1893.)
Bowman, J.N.
1951 Adobe Houses in the San Francisco Bay Region. In Geologic Guidebook of the San
Francisco Bay Counties, Bulletin 154. California Division of Mines, Ferry Building,
San Francisco, CA.
Brabb, Earl E., Fred A. Taylor, and George P. Miller
1982 Geologic, Scenic, and Historic Points of Interest in San Mateo County, California.
Miscellaneous Investigations Series, Map I-1257-B, 1:62,500. Department of the
Interior, United States Geological Survey, Washington, D.C.
General Land Office
1858 Survey Plat for Rancho Rancho Buriburi
1864 Survey Plat for Rancho Cañada de Guadalupe, la Visitación y Rodeo Viejo
Gudde, Erwin G.
1969 California Place Names: The Origin and Etymology of Current Geographical
Names. Third Edition. University of California Press, Berkeley and Los Angeles.
Hamman, Rick
1980 California Central Coast Railways. Pruett Publishing Company, Boulder, CO.
Hart, James D.
1987 A Companion to California. University of California Press, Berkeley and Los
Angeles.
Heizer, Robert F., editor
1974 Local History Studies, Vol. 18., “The Costanoan Indians.” California History Center,
DeAnza College, Cupertino, CA.
Helley, E.J., K.R. Lajoie, W.E. Spangle, and M.L. Blair
1979 Flatland Deposits of the San Francisco Bay Region - Their Geology and
Engineering Properties, and Their Importance to Comprehensive Planning.
Geological Survey Professional Paper 943. United States Geological Survey and
Department of Housing and Urban Development.
Hoover, Mildred Brooke, Hero Eugene Rensch, and Ethel Rensch, revised by William N. Abeloe
1966 Historic Spots in California. Third Edition. Stanford University Press, Stanford, CA.
87
Hoover, Mildred Brooke, Hero Eugene Rensch, and Ethel Rensch, William N. Abeloe, revised by
Douglas E. Kyle
1990 Historic Spots in California. Fourth Edition. Stanford University Press, Stanford,
CA.
Hope, Andrew
2005 Caltrans Statewide Historic Bridge Inventory Update. Caltrans, Division of
Environmental Analysis, Sacramento, CA.
Hynding, Alan
1984 From Frontier to Suburb: The Story of San Mateo Penninsula. Star Publishing
Company, San Mateo, CA.
Kroeber, A.L.
1925 Handbook of the Indians of California. Bureau of American Ethnology, Bulletin 78,
Smithsonian Institution, Washington, D.C. (Reprint by Dover Publications, Inc., New
York, 1976)
Levy, Richard
1978 Costanoan. In California, edited by Robert F. Heizer, pp. 485-495. Handbook of
North American Indians, vol. 8, William C. Sturtevant, general editor. Smithsonian
Institution, Washington, D.C.
Milliken, Randall
1983 The Spatial Organization of Human Population on Central California's San
Francisco Peninsula at the Spanish Arrival. S-9580. Master’s Thesis. On file at the
Northwest Information Center, Rohnert Park.
1995 A Time of Little Choice: The Disintegration of Tribal Culture in the San Francisco
Bay Area 1769-1810. Ballena Press Anthropological Papers No. 43, Menlo Park,
CA.
Myers, William A. (editor)
1977 Historic Civil Engineering Landmarks of San Francisco and Northern California.
Prepared by The History and Heritage Committee, San Francisco Section, American
Society of Civil Engineers. Pacific Gas and Electric Company, San Francisco, CA.
Nelson, N.C.
1909 Shellmounds of the San Francisco Bay Region. University of California
Publications in American Archaeology and Ethnology 7(4):309-356. Berkeley.
(Reprint by Kraus Reprint Corporation, New York, 1964)
Nichols, Donald R., and Nancy A. Wright
1971 Preliminary Map of Historic Margins of Marshland, San Francisco Bay, California.
U.S. Geological Survey Open File Map. U.S. Department of the Interior, Geological
Survey in cooperation with the U.S. Department of Housing and Urban Development,
Washington, D.C.
Roberts, George, and Jan Roberts
1988 Discover Historic California. Gem Guides Book Co., Pico Rivera, CA.
88
San Mateo County Historic Resources Advisory Board
1984 San Mateo County: Its History and Heritage. Second Edition. Division of Planning
and Development Department of Environmental Management.
San Mateo County Planning and Development Department
n.d. “Historical and Archaeological Resources, Section 5” from the San Mateo
CountyGeneral Plan.
State of California Department of Parks and Recreation
1976 California Inventory of Historic Resources. State of California Department of Parks
and Recreation, Sacramento.
State of California Department of Parks and Recreation and Office of Historic Preservation
1988 Five Views: An Ethnic Sites Survey for California. State of California Department
of Parks and Recreation and Office of Historic Preservation, Sacramento.
State of California Office of Historic Preservation **
2012 Historic Properties Directory. Listing by City (through April 2012). State of
California Office of Historic Preservation, Sacramento.
Williams, James C.
1997 Energy and the Making of Modern California. The University of Akron Press, Akron,
OH.
Woodbridge, Sally B.
1988 California Architecture: Historic American Buildings Survey. Chronicle Books, San
Francisco, CA.
Works Progress Administration
1984 The WPA Guide to California. Reprint by Pantheon Books, New York. (Originally
published as California: A Guide to the Golden State in 1939 by Books, Inc.,
distributed by Hastings House Publishers, New York.)
Yamada, Gayle K. and Dianne Fukami
2003 Building a Community: The Story of Japanese Americans in San Mateo County.
AACP, Inc., San Mateo, CA.
**Note that the Office of Historic Preservation’s Historic Properties Directory includes National
Register, State Registered Landmarks, California Points of Historical Interest, and the California
Register of Historical Resources as well as Certified Local Government surveys that have
undergone Section 106 review.
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PAGE 1 OF 5
LAMPHIER-GREGORY
TECHNICAL MEMORANDUM
PREPARED FOR: Billy Gross
City of South San Francisco
Department of Economic and Community Development
315 Maple Avenue
South San Francisco, CA 94080
PREPARED BY: Rebecca Gorton
Lamphier-Gregory, Inc.
1944 Embarcadero, Oakland, CA 94606
SUBJECT: 101 Terminal Court Clear Channel Billboard Project and
Related Zoning Amendment IS/MND – Assessment of Project
Changes
DATE: April 27, 2015
Background and Purpose
The 101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment project was
analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND) with State Clearinghouse Number
2013062062 circulated in June 2013. Project approvals were delayed as the details of the full
Development Agreement were negotiated.
Since circulation of the IS/MND, the project description has been revised to increase the size of the sign
faces from 14’ by 48’ to 20’ by 60’ (the next biggest standard size).
Note that the Development Agreement currently being considered as part of project approvals also now
includes raising the height of a conventional billboard in the East of 101 Area by 20 feet. As
demonstrated by the separate technical memo titled Clear Channel Billboard Height Increase, Parcel
Number 872-41-261 – Categorical Exemption Assessment, this change in another billboard on the other
side of the highway would not have the potential to cause a significant project-specific impact or
contribute to a significant cumulative impact.
The purpose of this memo is to assess whether the changes to the size of the sign face would require
recirculation of the IS/MND. Recirculation of an IS/MND is discussed in Section 15073.5 of the State
CEQA Guidelines, as follows:
(a) A lead agency is required to recirculate a negative declaration when the document
must be substantially revised after public notice of its availability has previously been
given pursuant to Section 15072, but prior to its adoption. Notice of recirculation shall
comply with Sections 15072 and 15073.
(b) A "substantial revision" of the negative declaration shall mean:
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PAGE 2 OF 5
(1) A new, avoidable significant effect is identified and mitigation measures or
project revisions must be added in order to reduce the effect to insignificance, or
(2) The lead agency determines that the proposed mitigation measures or project
revisions will not reduce potential effects to less than significance and new measures
or revisions must be required.
(c) Recirculation is not required under the following circumstances:
(1) Mitigation measures are replaced with equal or more effective measures pursuant
to Section 15074.1.
(2) New project revisions are added in response to written or verbal comments on the
project's effects identified in the proposed negative declaration which are not new
avoidable significant effects.
(3) Measures or conditions of project approval are added after circulation of the
negative declaration which are not required by CEQA , which do not create new
significant environmental effects and are not necessary to mitigate an avoidable
significant effect.
(4) New information is added to the negative declaration which merely clarifies,
amplifies, or makes insignificant modifications to the negative declaration.
(d) If during the negative declaration process there is substantial evidence in light of the
whole record, before the lead agency that the project, as revised, may have a significant
effect on the environment which cannot be mitigated or avoided, the lead agency shall
prepare a draft EIR and certify a final EIR prior to approving the project. It shall circulate
the draft EIR for consultation and review pursuant to Sections 15086 and 15087, and
advise reviewers in writing that a proposed negative declaration had previously been
circulated for the project.
Assessment
With the only change being a larger sign face, most of the analysis would remain the same. Some topics,
such as operational air quality emissions, greenhouse gas emissions, and energy usage would increase
marginally (by up to approximately 20%), but would remain well below threshold levels (see pages 35,
43, and 59 of the IS/MND) and would therefore cause no new significant impacts. The topic area of
Aesthetics was assessed in more detail for the increased sign face size below.
Scenic Highways and Visual Character
There would be no substantial change to the assessment or conclusions related to Scenic Highways or
visual character. The location (and therefore character of the area) has not changed, and U.S. 101 is not a
state scenic highway in the vicinity.
Scenic Vistas
The only scenic vista with the potential to be affected by the project is Sign Hill, which contains the
prominent concrete “South San Francisco The Industrial City” sign on the hillside, and is identified as a
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PAGE 3 OF 5
national historic landmark and regional landmark. The IS/MND (page 22) characterizes the effect of the
project on views of Sign Hill from U.S. 101 as follows:
The proposed billboard would contribute to blockage of views toward Sign Hill from the
point of view of a vehicle driving north along U.S. 101. This interruption of views would
be temporary in that the billboard would only block views for a short period as the
vehicle progresses toward the billboard. Signs in this area are not uncommon though
cumulative blockage of views would be intermittent, as views toward Sign Hill would be
available between signs as a vehicle progresses north.
The conclusion related to scenic vistas in the IS/MND (page 29) reads as follows:
Taking both the regulatory and specific locational/scenic context into account, as well as
the temporary and intermittent nature of the obstruction from the point of view of a
moving vehicle, the Project’s impact on scenic vistas, including views of Sign Hill from
U.S. 101, would be considered a less than significant impact.
The City and applicant are considering a reduced height billboard, which would reach a
maximum height of 55’ instead of the proposed 70’. Reducing the height would result in
impacts that are similar to the Project at the proposed height and would not require
additional environmental review. A reduced height billboard would marginally reduce an
already less-than-significant impact related to blockage of views toward Sign Hill.
Attached figures XX through XX show a comparison of the sign proposed and assessed in the IS/MND
and the currently proposed larger sign faces. The increase in the size of the sign faces would not
substantially change the assessment or conclusions related to scenic vistas at 70’ or a reduced height. The
impact related to Scenic Vistas would remain less-than-significant with the increased size of the sign
faces.
Light and Glare
The IS/MND (page 30) characterizes the effect of the project on light and glare as follows:
Digital billboards rely on LED technology to display messages on a lit screen. The
lighting is designed to make the message displays visible to passing motorists.
The brightness of the LED display on the billboard face is subject to adjustment based on
ambient conditions monitored by multiple light sensors. The display, for example, is
brighter in the daytime than in darkness, and responds to changes in the ambient light
conditions. Restrictions on digital billboards, imposed and enforced by Caltrans, preclude
lighting that would be directed at motorists that is so directed or intense that it could blind
or confuse drivers, or create conditions that make recognition of the roadway or official
signage difficult.
Caltrans has imposed these restrictions for traffic safety reasons, and they are discussed
in more detail in the Transportation section. The resulting controls, however, effectively
regulate light and glare to ensure that the operation of any digital billboard does not
create a substantial new source of light or glare.
The billboards would also comply with guidelines of the Outdoor Advertising
Association of America (OAAA). These guidelines specify that lighting levels from a
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PAGE 4 OF 5
digital billboard will not exceed 0.3 footcandles over ambient levels, as measured using a
footcandle meter at a pre-set distance based on the size of the billboard face. For the 14’
by 48’ billboards, this would be 250 feet. It is anticipated that the illuminance would be
negligible beyond 500 feet.
This analysis was specific to a 14’ by 48’ sign. For a 20’ by 60’ sign, The OAAA guidelines specify that
lighting levels from a digital billboard will not exceed 0.3 footcandles over ambient levels, as measured
using a footcandle meter at a pre-set distance of 350 feet from the billboard face.
The IS/MND included Mitigation Measure Visual-1, requiring measurement of the light levels consistent
with OAAA Guidelines. Because these guidelines are specific to the size of the sign face, the following
revisions would be made (deletions shown in strikethrough and additions shown in underline):
Mitigation Measure
Visual-1: Billboard Brightness Field Testing. The Applicant shall demonstrate through
field testing compliance with a 0.3 footcandle increase over ambient light at 250 350 feet
during nighttime conditions upon initial start-up, at 6 months of operation and at the
request of the City for the life of the billboard. The Applicant shall fund field testing by
an independent contractor or City staff trained in the use of a handheld photometer to
demonstrate continued compliance. The City shall consider citizen complaints consisting
of direct personal impacts as cause for requesting field testing.
If increases in ambient light are found to be above the 0.3 footcandle level, the dimming
level shall be adjusted until this level can be demonstrated. This must be completed and
demonstrated through follow-up field testing within 24 hours or the billboard shall not be
operated until the lighting levels can be brought into compliance.
If no above-threshold levels have been measured in the prior three tests, field testing shall
be requested no more often than twice yearly. Otherwise, field tests can be requested up
to once monthly.
The increase in illuminance at hotel uses (there are no residences within 500 feet of the proposed
billboard) across U.S. 101 would remain barely perceptible and consistent with the existing urban
conditions. With implementation of the revised Mitigation Measure Visual-1, potential impacts related to
light and glare would be less than significant, consistent with the conclusions in the IS/MND.
The revised Mitigation Measure Visual-1 is consistent with OAAA guidelines for billboard illuminance
and is equal to the effectiveness of the original measure. Per CEQA Guidelines Section 15073.5(c)(1),
mitigation measures may be replaced with equal or more effective measures without triggering the need
for recirculation.
Conclusions
The increase in the sign face from 14’ by 48’ to 20’ by 60’ would not be considered a “substantial
revision” that would require recirculation of the IS/MND under CEQA Guidelines section 15073.5
because it would not result in:
(1) A new, avoidable significant effect is identified requiring new mitigation measures or project
revisions to reduce the effect to insignificance, or
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PAGE 5 OF 5
(2) A determination that the proposed mitigation measures or project revisions will not reduce
potential effects to less than significance and new measures or revisions must be required.
Mitigation Measure Visual-1, as proposed in the IS/MND, would be revised as shown above.
Recirculation would not be required under CEQA Guidelines section 15073.5, because this change falls
under the following circumstance:
(1) Mitigation measures are replaced with equal or more effective measures pursuant to Section
15074.1.
Therefore, there is no substantial evidence in light of the whole record, before the lead agency that the
project, as revised, may have a significant effect on the environment which cannot be mitigated or
avoided and no circumstances under CEQA Guidelines section 15073.5 that would require recirculation
of the IS/MND to address this change.
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PHOTO ATTACHMENTS PAGE 1 OF 4
The figures on this page show the view from U.S. 101, facing north.
Figures 1 and 2 are from the IS/MND.
Figure 3 has been revised for the increased size sign face.
Figures 2 and 3 show the billboard at a 70’ height.
Figure 1: Existing View from U.S. 101, facing north Figure 2: Proposed Billboard from U.S. 101, facing north (70’
height)
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PHOTO ATTACHMENTS PAGE 2 OF 4
Figure 3: Revised Size Billboard from U.S. 101, facing north (70’
height)
96
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PHOTO ATTACHMENTS PAGE 3 OF 4
The figures on this page show the view from U.S. 101, facing north.
Figures 1 and 4 are from the IS/MND.
Figure 5 has been revised for the increased size sign face.
Figures 4 and 5 show the billboard at a 55’ height.
Figure 1 (repeated): Existing View from U.S. 101, facing north Figure 4: Reduced Height Billboard from U.S. 101, facing north
(55’ height)
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PHOTO ATTACHMENTS PAGE 4 OF 4
Figure 5: Revised Size Reduced Height Billboard from U.S. 101,
facing north (55’ height)
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PHOTO ATTACHMENTS PAGE 5 OF 4
The figures on this page show the view from U.S. 101, facing south.
Figures 6 and 7 are from the IS/MND.
Figure 8 has been revised for the increased size sign face.
Figures 7 and 8 show the billboard at a 70’ height.
Figure 6: Existing View from U.S. 101, facing south Figure 7: Proposed Billboard from U.S. 101, facing south (70’
height)
99
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PHOTO ATTACHMENTS PAGE 6 OF 4
Figure 8: Revised Size Billboard from U.S. 101, facing south (70’
height)
100
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PHOTO ATTACHMENTS PAGE 7 OF 4
The figures on this page show the view from U.S. 101, facing south.
Figures 6 and 9 are from the IS/MND.
Figure 10 has been revised for the increased size sign face.
Figures 9 and 10 show the billboard at a 70’ height.
Figure 6 (repeated): Existing View from U.S. 101, facing south Figure 9: Reduced Height Billboard from U.S. 101, facing south
(55’ height)
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT – ASSESSMENT OF PROJECT CHANGES PHOTO ATTACHMENTS PAGE 8 OF 4
Figure 10: Revised Size Reduced Height Billboard from U.S. 101,
facing south (55’ height)
102
Exhibit B
Response to Comments
103
LAMPHIER-GREGORY 1944 EMBARCADERO, OAKLAND, CA 94606 PHONE 510 535-6690 FAX 510 535-6699
LAMPHIER-GREGORY
MEMO
TO: Gerry Beaudin
City of South San Francisco
Department of Economic and Community Development
315 Maple Avenue
South San Francisco, CA 94080
FROM: Rebecca Gorton
Lamphier-Gregory
SUBJECT: 101 Terminal Court Clear Channel Billboard Project and Related Zoning
Amendment IS/MND – Response to Comment Letters
DATE: August 1, 2013
This memo provides a brief discussion of comments received in response to the Initial Study/Mitigated
Negative Declaration (IS/MND) for the 101 Terminal Court Clear Channel Billboard Project and Related
Zoning Amendment. Though the California Environmental Quality Act does not require a lead agency to
formally respond to written comments received on an IS/MND, this memorandum is being provided by
the IS/MND preparer to demonstrate that the comments do not present substantial evidence supporting a
fair argument that the Project may have a significant environmental impact, or that the IS/MND should be
revised and recirculated for public review.
In summary, the letters have not raised any items that would require recirculation of the IS/MND under
section 15073.5 of the CEQA Guidelines as no new significant effects were identified and the
significance of identified impacts remain unchanged.
The comment period ran from June 25, 2013 to July 25, 2013. Two comment letters were received during
the comment period, as listed below:
“C/CAG Letter”: David F. Carbone, C/CAG Staff, dated July 10, 2013
“Caltrans Letter”: Erik Alm, District Branch Chief, California Department of Transportation (Caltrans),
dated dated July 19, 2013
These letters are included as attachments to this memo and are addressed separately below:
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GERRY BEAUDIN 8/1/2013 PAGE 2
LAMPHIER-GREGORY 1944 EMBARCADERO, OAKLAND, CA 94606 PHONE 510 535-6690 FAX 510 535-6699
C/CAG Letter
The comments in this letter relate to consistency with the Airport Land Use Plan for the San Francisco
International Airport. The comments clarify applicability of various regulations and the process for
coordination. This is consistent with the IS/MND, which stated on page 45:
The closest airport is the San Francisco Airport located approximately 1 mile southeast
from the Project site. This is within the jurisdiction of the Airport Land Use Plan for the
San Francisco International Airport, though the site is not directly within the approach
pathway.
Federal Aviation Regulations, Part 77, limits structure heights to an elevation of 161 feet
above mean sea level in the most restricted areas, increasing at a slope of 20:1 to a height
of 361 feet above mean sea level. The proposed billboard would rise a maximum of 70
feet above a site approximately 11 feet above mean sea level. The billboard height would
be below applicable height restrictions.
Additionally, the billboard would not be considered a hazard to air navigation as it would
not generate smoke or rising columns of air, would not attract large concentrations of
birds, would not generate electrical interference that would interfere with aircraft
communications or aircraft instrumentation, would not reflect sunlight, and would not
direct steady or flashing lights toward aircraft.
The applicant (and any future applicant for a digital billboard allowed under the proposed zoning
amendment) would need to coordinate with ALUCP/CAG and/or the FAA, as appropriate.
Caltrans Letter
The comment relates to the “Landscape Freeway” classification at the location where the billboard is
proposed. The information is consistent with the IS/MND, which stated on page 4 under the Required
Approvals heading:
Appropriate clearance through Caltrans is also required for highway-oriented signs. This
may require a relocation agreement if the freeway segment is determined to be classified
as a “landscaped freeway” (as discussed under Regulatory Provisions).
Further discussion was included under Regulatory Provisions on page 5:
Some freeways are classified as “landscaped freeways.” A landscaped freeway is defined
as one that is now, or may in the future be, improved by the planting of lawns, trees,
shrubs, flowers or other ornamental vegetation requiring reasonable maintenance on one
or both sides of the freeway (Government Code §5216). Off-premise displays are not
allowed along landscaped freeways except when approved as part of Relocation
Agreements pursuant to §5412 of the Outdoor Advertising Act.
It appears the Project site is within a segment of U.S. 101 which is considered a classified
landscaped freeway, though such a determination would be made during the approval
process with Caltrans.
105
GERRY BEAUDIN 8/1/2013 PAGE 3
LAMPHIER-GREGORY 1944 EMBARCADERO, OAKLAND, CA 94606 PHONE 510 535-6690 FAX 510 535-6699
The Project (and any future billboard otherwise allowed by the proposed zoning amendment) would be
contingent upon obtaining appropriate approvals from Caltrans and cannot proceed if such approvals are
not obtained.
106
107
108
109
Exhibit C
Mitigation Monitoring and Reporting Program
110
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 1
MITIGATION MONITORING AND REPORTING PROGRAM
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment,
City of South San Francisco
This Mitigation Monitoring and Reporting Program (MMRP) was prepared based on the findings of the Recirculated Initial Study and
Mitigated Negative Declaration (IS/MND) for the Project, which was circulated in June/July 2013. This MMRP is in compliance with
Section 15097 of the CEQA Guidelines, which requires that the Lead Agency “adopt a program for monitoring or reporting on the
revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects.”
The MMRP lists mitigation measures recommended in the IS/MND and identifies mitigation monitoring requirements, including
implementation timing and responsibility as well as monitoring responsibility and actions.
111
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 2
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and
Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibilit
y
Date
Complete
d
Visual-1: Billboard Brightness Field Testing. The Applicant
shall demonstrate through field testing compliance with a 0.3
footcandle increase over ambient light at 350 feet during nighttime
conditions upon initial start-up, at 6 months of operation and at the
request of the City for the life of the billboard. The Applicant
shall fund field testing by an independent contractor or City staff
trained in the use of a handheld photometer to demonstrate
continued compliance. The City shall consider citizen complaints
consisting of direct personal impacts as cause for requesting field
testing.
If increases in ambient light are found to be above the 0.3
footcandle level, the dimming level shall be adjusted until this
level can be demonstrated. This must be completed and
demonstrated through follow-up field testing within 24 hours or
the billboard shall not be operated until the lighting levels can be
brought into compliance.
If no above-threshold levels have been measured in the prior three
tests, field testing shall be requested no more often than twice
yearly. Otherwise, field tests can be requested up to once monthly.
Prior to operations
then per the
conditions
indicated.
Applicant, as
coordinated by
City
Review of field
testing results
by City
SSF Planning
Division
Air-1: Basic Construction Management Practices. The Project
shall demonstrate proposed compliance with all applicable
regulations and operating procedures prior to issuance of
demolition, building or grading permits, including implementation
of the following BAAQMD “Basic Construction Mitigation
Measures”.
Prior to issuance
of building
permits and
during
construction
Applicant,
specifically the
construction
contractor
Verify
requirements
are included in
construction
contracts and
met during
SSF Building
Division
112
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 3
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and
Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibilit
y
Date
Complete
d
i. All exposed surfaces (e.g., parking areas, staging areas, soil
piles, graded areas, and unpaved access roads) shall be
watered two times per day.
ii. All haul trucks transporting soil, sand, or other loose
material off-site shall be covered.
iii. All visible mud or dirt track-out onto adjacent public roads
shall be removed using wet power vacuum street sweepers
at least once per day. The use of dry power sweeping is
prohibited.
iv. All vehicle speeds on unpaved roads shall be limited to 15
mph.
v. All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as
soon as possible after grading unless seeding or soil binders
are used.
vi. Idling times shall be minimized either by shutting
equipment off when not in use or reducing the maximum
idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall
be provided for construction workers at all access points.
vii. All construction equipment shall be maintained and properly
tuned in accordance with manufacturer’s specifications. All
equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to
operation.
viii. Post a publicly visible sign with the telephone number and
construction
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 4
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and
Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibilit
y
Date
Complete
d
person to contact at the Lead Agency regarding dust
complaints. This person shall respond and take corrective
action within 48 hours. The Air District’s phone number
shall also be visible to ensure compliance with applicable
regulations.
Cultural-1: Cultural Monitoring and Mitigation Plan. The
Project applicant shall fund preparation and implementation of a
cultural monitoring and mitigation plan by a qualified
archaeologist to address the potential for presence and disturbance
of Native American archaeological resources or remains during
excavation of the billboard pole footing. This will include at a
minimum monitoring during excavation of the billboard pole
footing and may also include but is not limited to additional
archival research, hand auger sampling, shovel test units,
geoarchaeological analysis, or other common methods used to
identify the presence of archaeological resources to be determined
per the recommendation of the qualified archaeologist. The
archaeologist and construction contractors shall follow the
appropriate procedures should any cultural resources or human
remains be discovered during ground disturbance.
During
construction Applicant
Halt
construction if
resources are
found and
coordinate with
the appropriate
authority or
professional
SSF Building
Division
Haz-1: Phase I and/or Phase II Reports. Prior to issuance of
construction permits, the City of South San Francisco shall require
the Project applicant to submit a Phase I environmental site
assessment report, and a Phase II report if warranted by the Phase
Prior to issuance
of building
permits, if
requested by the
Applicant
Review of
reports by City
and, if
applicable,
SSF Building
Division
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101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 5
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and
Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibilit
y
Date
Complete
d
I report for the Project site. The reports shall make
recommendations for remedial action in accordance with State and
Federal laws, if appropriate, and should be signed by a Registered
Environmental Assessor, Professional Geologist, or Professional
Engineer. The Applicant shall comply with these
recommendations.
City verification of
recommended
measures in
construction
contracts
Haz-2: E-Waste Disposal. Electronic components of the
billboard may contain materials considered “e-waste” when
disposed of due to potentially hazardous metals, flame retardants,
and other chemicals. The operator shall be required to follow
applicable regulations regarding proper disposal and/or recycling,
as appropriate, as components are replaced or removed over time.
Ongoing during
operations Applicant None by the
City
Applicable
regulatory
agencies
and/or disposal
companies
115
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 6
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and
Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibilit
y
Date
Complete
d
Traf-1: Annual Report. The operator of the digital billboard
shall submit to the City, within thirty days following June 30 of
each year, a written report regarding operation of each digital
billboard during the preceding period of July 1 to June 30. The
operator may submit a combined report for all such digital
billboards operated by such operator within the City limits. The
report shall, when appropriate, identify incidents or facts that
relate to specific digital billboards. The report shall be submitted
to the Director of the Economic and Community Development
Department and shall include information relating to the
following:
a. Status of the operator’s license as required by California
Business and Professions Code §§5300 et seq.;
b. Status of the required permit for individual digital billboards,
as required by California Business and Professions Code
§§5350 et seq.;
c. Compliance with the California Outdoor Advertising Act,
California Business and Professions Code §§5200 and all
regulations adopted pursuant to such Act;
d. Compliance with California Vehicle Code §§21466.5 and
21467;
e. Compliance with provisions of written agreements between
the U.S. Department of Transportation and the California
Department of Transportation pursuant to the federal
Highway Beautification Act (23 U.S.C. §131);
f. Compliance with mitigation measures identified in the
Mitigated Negative Declaration adopted as part of Project
Annually during
operations
Applicant /
Operator
Review of
Annual Report
SSF Planning
Division
116
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 7
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and
Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibilit
y
Date
Complete
d
approval;
g. Each written or oral complaint received by the operator, or
conveyed to the operator by any government agency or any
other person, regarding operation of each digital billboard
included in the report;
h. Each malfunction or failure of each digital billboard included
in the report, which shall include only those malfunctions or
failures that are visible to the naked eye, including reason for
the malfunction, duration and confirmation of repair; and
i. Operating status of each digital billboard included in the
report, including estimated date of repair and return to
normal operation of any digital billboard identified in the
report as not operating in normal mode.
Traf-2: Operational Safety. The operation of the digital
billboard shall comply with the following at all times:
a. No special visual effects that include moving or flashing
lights shall accompany any message or the transition between
two successive messages;
b. The operator shall not install or implement any technology
that would allow interaction with drivers, vehicles or any
device located in vehicles, including, but not limited to a
radio frequency identification device, geographic positions
system, or other device without prior approval of the City of
South San Francisco, taking into consideration technical
studies and CalTrans or US DOT policies and guidance
available at the time of the request.
Ongoing during
operations
Applicant /
Operator
Included in
Review of
Annual Report
SSF Planning
Division
117
Exhibit D
Union Pacific CEQA Categorical Exemption Analysis
2436228.1
118
CATEGORICAL EXEMPTION ASSESSMENT – BILLBOARD HEIGHT INCREASE APN 872-41-261 PAGE 1 OF 4
LAMPHIER-GREGORY
TECHNICAL MEMORANDUM
PREPARED FOR: Billy Gross
City of South San Francisco
Department of Economic and Community Development
315 Maple Avenue
South San Francisco, CA 94080
PREPARED BY: Rebecca Gorton
Lamphier-Gregory, Inc.
1944 Embarcadero, Oakland, CA 94606
SUBJECT: Clear Channel Billboard Height Increase, Parcel Number
872-41-261 – Categorical Exemption Assessment
DATE: April 27, 2015
INTRODUCTION
Purpose
Categorical exemptions are identified in Section 15300 of the State CEQA Guidelines as "a list of classes
of projects which have been determined not to have a significant effect on the environment and which
shall, therefore, be exempt from the provision of CEQA." To determine whether a project is categorically
exempt from CEQA, certain findings must be made for a project to verify that it qualifies for an
exemption class and that it can appropriately be exempted from the requirement for the preparation of an
environmental document.
The first step in this exemption process is to determine whether a specific project conforms to the criteria
outlined in one or more of the exemption classes. After careful review of the various exemption classes,
Lamphier-Gregory concluded and recommends that the proposed billboard height increase meets the
criteria for a Class 2 Exemption, Replacement or Reconstruction, outlined under Section 15302 of the
State CEQA Guidelines. The operative text states: Class 2 consists of replacement or reconstruction of
existing facilities, structures, or other property where the new facility or structure will be located on the
same site as the replaced or reconstructed facility or structure and will have substantially the same
purpose and capacity as the structure replaced. An assessment of the applicability of a Class 2 Categorical
Exemption to this project is included below.
Description of the Billboard and Proposed Changes
The subject billboard is located on assessor’s parcel number 872-41-261, to the east of and oriented to
face traffic along highway 101 in South San Francisco, CA. The exact location is north of East Grand
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CATEGORICAL EXEMPTION ASSESSMENT – BILLBOARD HEIGHT INCREASE APN 872-41-261 PAGE 2 OF 4
Avenue and just to the south of the building and associated driveway at 608 Dubuque Avenue. The
subject billboard is located within the East of 101 Area.
The existing billboard is double-sided, with conventional sign faces each measuring 14’ by 48’ and
oriented back-to-back to face approximately north and south along the direction of highway 101. These
“conventional” billboard faces have printed copy, as opposed to “digital” billboards with a display
consisting of LED lights. The billboard is an “off-site” billboard, meaning it does not advertise goods and
services for the location on which it is located.
The proposal is to raise the height of this billboard by 20 feet, from a height of 46’-4” to under existing
conditions, to a proposed height of 66’-4”, while keeping all other elements the same. The sign faces
would remain conventional printed copy signs at 14’ by 48’ size and oriented back-to-back in the same
direction as under the existing condition. The applicant has requested this height increase due to building
development since the sign was first erected that reduces visibility of the sign.
Removal of the old billboard and erection of the new billboard would take a matter of a few days of work
and would be accomplished over about a one week period. The new billboard would have the pole/footing
in the same location and no removal or disturbance of trees or landscaping is proposed.
Background and Approvals
Clear Channel Outdoor previously proposed construction of a digital billboard at 101 Terminal Court on
the west side of highway 101 in conjunction with a Development Agreement involving removal of other
signs, the details of which were to be negotiated. This project was analyzed in a Mitigated Negative
Declaration with State Clearinghouse Number 2013062062 circulated in June 2013, though project
approvals were delayed.
The raising of the subject billboard is now being proposed as part of the Development Agreement
between the City of South San Francisco and Clear Channel Outdoor, Inc including the digital billboard at
101 Terminal Court and removal of other signs. This document has been prepared to assess whether the
proposed raising of the sign height could have environmental impacts that may not have been assessed
previously.
The following amendments to the East of 101 Area Plan are being requested concurrently to make it clear
changes to existing signs, such as that proposed, would be allowed (deletions in strikethrough and
additions in underline):
• Policy DE-32. No new off-site commercial advertising signs or billboards shall be permitted in the East
of 101 Area. Existing billboards may be renovated, replaced or relocated if the City finds that the change
would improve the visual character of the area.
• Policy DE-33. The City shall should work to remove all existing off-site commercial advertising signs
and billboards from the East of 101 area.
Summary Conclusions
Based on the assessments presented below, the proposed project qualifies for a Categorical Exemption,
Class 2 (Section 15302) of the State CEQA Guidelines. A Notice of Exemption should be filed with the
County Clerk.
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CATEGORICAL EXEMPTION ASSESSMENT – BILLBOARD HEIGHT INCREASE APN 872-41-261 PAGE 3 OF 4
ASSESSMENT
Class 2 Categorical Exemption: Replacement or Reconstruction
Section 15302 Replacement of Reconstruction of the State CEQA Guidelines reads as follows: “Class 2
consists of replacement or reconstruction of existing structures and facilities where the new structure will
be located on the same site as the structure replaced and will have substantially the same purpose and
capacity as the structure replaced, including but not limited to…” (Examples have been omitted as they
are not directly applicable to the subject project.)
The key criteria that are met by this project include:
1. The proposed project is in the same location: The footing is in the same location. Only the height of the
sign will change.
2. The proposed project has the same purpose: A highway-facing double-sided off-site advertisement
billboard.
3. The proposed project has the same capacity: the number and size of sign faces will remain the same.
The proposed change to the billboard is increased height only and the billboard will be located in the
same location, with the same purpose and capacity as the existing billboard. Therefore, the proposed
height increase of the billboard can qualify for a Class 2 Categorical Exemption as long as no exceptions
to the exemption apply, as assessed below.
Categorical Exemption Exceptions
Section 15300.2 of the State CEQA Guidelines outlines exceptions under which a categorical exemption
cannot be utilized for a project that would otherwise qualify. The exceptions consist of location,
cumulative impact, significant effect, scenic highway, hazardous waste sites and historical resource
limitations on the use of categorical exemptions, as assessed below:
A. Location: As a replacement of a billboard in the same location, the site has been disturbed in the past
and will be reused in the same manner. The site is located in a developed urban area and does not consist
of an environment that would be considered particularly sensitive. The site is not located such that there
are protected view to or across the site that could be significantly affected by the proposed height
increase.
B. Cumulative Impact: Increasing the height of an existing billboard by 20 feet would not have the
potential to contribute substantially to a cumulative impact. As under existing conditions, City decision-
makers are required to consider the visual character of the area when considering any future changes to
billboards in the area (East of 101 Area Plan Policy DE-32).
C. Significant Effect: There are no unusual circumstances specific to the site or the billboard that would
have a reasonable possibility of resulting in a significant effect.
D. Scenic Highway: According to the California Department of Transportation, State Scenic Highway
Mapping System, U.S. 101 is not a designated or eligible State Scenic Highway corridor in the vicinity of
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CATEGORICAL EXEMPTION ASSESSMENT – BILLBOARD HEIGHT INCREASE APN 872-41-261 PAGE 4 OF 4
the Project, nor is it identified as a scenic corridor in the South San Francisco General Plan. The project
would have no potential to adversely affect a state scenic highway.
E. Hazardous Waste Sites: There are no known hazardous waste sites at the project site.
F. Historical Resources: There are no known historical resources that have the potential to be impacted by
the proposed project.
None of the exceptions apply to the proposed project. Therefore, given the assessments above, the
proposed 20 foot height increase of the billboard can qualify for a Class 2 Categorical Exemption.
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Attachment 2
Draft Ordinance amending SSFMC Chapter 20.360
123
ORDINANCE NO. ________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
AN ORDINANCE MAKING MODIFICATIONS TO THE
SOUTH SAN FRANCISCO ZONING CODE RELATED TO
SIGNAGE CITYWIDE
WHEREAS, in July of 2010, the City Council for the City of South San Francisco
(“City”) adopted a comprehensive update to the City’s zoning ordinance, which repealed the
then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an
entirely new Title 20 that, among other actions, established new zoning districts, revised and
reformatted many then-existing zoning provisions, eliminated inconsistent and outdated
provisions, and codified entirely new zoning provisions, including new land use regulations and
development standards (“Zoning Ordinance”); and,
WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified
areas of the Zoning Ordinance that require refinement, clarification, and/or correction, including
revisions to the City’s Chapter 20.360 regulating signs in order to provide standards to allow
digital billboards and other minor modifications; and,
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation,
consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance
with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
(“CEQA”), which IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance
and concluded that adoption of the Zoning Ordinance could not have a significant effect on the
environment because none of the impacts required to be analyzed under CEQA would exceed
established thresholds of significance; and
WHEREAS, the refinements, clarifications, and/or corrections to the Zoning Ordinance
as they relate to signage are minor in nature, the adoption of which would not result in any new
significant environmental effects or a substantial increase in the severity of any previously
identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for
the Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a
change in the project or change in circumstances that would require additional environmental
review.
NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before
it, as described below, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the City of
South San Francisco hereby makes the following findings:
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A. General Findings.
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. The Record for these proceedings, and upon which this Ordinance is based,
includes without limitation, Federal and State law; the California Environmental Quality Act
(Public Resources Code §§ 21000, et seq. (“CEQA”)) and the CEQA Guidelines (14 California
Code of Regulations § 15000, et seq.); the South San Francisco 1999 General Plan and General
Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001
Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the
Initial Study and Mitigated Negative Declaration prepared for the 101 Terminal Court Clear
Channel Billboard Project and Related Zoning Amendment, including all written comments
received; all reports, minutes, and public testimony submitted as part of the Planning
Commission's duly noticed meeting on May 7, 2015; all reports, minutes, and public testimony
submitted as part of the City Council's duly noticed meeting on July 8, 2015 which was
continued to August 26, 2015; and any other evidence (within the meaning of Public Resources
Code §21080(e) and §21082.2).
3. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of the Director of Economic and Community
Development, Alex Greenwood.
B. Zoning Amendment Findings
1. The proposed zoning amendments are consistent with the adopted General Plan
because they establish regulations that balance the need of different users for adequate
identification, communication and advertising with the objectives of protecting the public and
promoting a visually attractive community. By allowing the installation of digital billboards
subject to a relocation agreement and sign permit, the proposed zoning amendments will assist
the City in removing existing static billboards from unwanted locations and replacing with
digital signage that provide more timely messaging, strengthen and promote economic
development objectives and actively market South San Francisco. The proposed text
amendments related to the regulation of digital billboards will remain consistent with the City’s
General Plan vision for community and economic development by promoting economic
development within the City, expanding the communication of community services, and
providing an additional source of revenue for the City. The proposed text amendments will not
impede achievement of any of the goals, policies, or land use designations established in the
General Plan is consistent with the General Plan, including the East of 101 Area Plan (as
proposed for amendment).
2. The proposed zoning amendments related to digital billboards would only affect
properties in non-residential districts west of and adjacent to U.S. Highway 101 and have been
designed to be appropriate for surrounding uses. The proposed standards would generally be
suitable in terms of architectural compatibility, consistency with area character, legibility,
readability, finish and visibility, and other considerations deemed relevant by the Planning
Commission and City Council because appropriate performance standards for digital billboards,
including operational limitations related to static messages, maximum lighting levels, a
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requirement for a light sensing device that adjusts the sign brightness as ambient light conditions
change, and location limitations, have been included and would be applied to projects on a case-
by-case basis to minimize visual impacts. The suitability for the potential digital billboard sites
was analyzed in the environmental document prepared for the Project.
3. The proposed zoning amendments related to digital billboards would not result in
any change of zoning districts and therefore would not be detrimental to the use of land in any
adjacent zone.
SECTION II. AMENDMENTS.
The City Council hereby amends the following sections of the South San Francisco Municipal
Code to read as follows (with text in strikeout indicating deletion and double underline indicating
addition). Sections and subsections that are not amended by this Ordinance are not included
below, and shall remain in full force and effect.
A. Amend Section 20.360.002(A) to add digital billboards as a type of sign that may be
allowed via a relocation agreement, as follows:
A. Relocation Agreements.
1. The regulatory provisions of this chapter are designed to accomplish the
purposes set forth in Section 20.360.001 (“Purpose”) with respect to all signs
reviewed and permitted pursuant to this chapter.
2. However, State law substantially limits the City’s ability to eliminate signs
legally established prior to the adoption of this chapter, thereby frustrating the
accomplishment of the purposes set forth in Section 20.360.001 (“Purpose”).
Therefore it is advantageous to utilize relocation agreements as authorized by
Business & Professions Code Section 5412 to accomplish the purposes of this
chapter with respect to such signs.
3. In order to facilitate the use of relocation agreements to accomplish the
purposes of this chapter, signs expressly permitted by relocation agreements
shall be exempt from design limitations under this chapter but shall be subject to
staff-level design review to ensure compliance with any provisions in the
relocation agreement as well as to ensure the best possible design consistent
therewith. Except as set forth in this section, signs authorized by relocation
agreements shall not be subject to any other design-related limitations not set
forth within the relocation agreement itself.
4. No relocation agreement may be approved unless the City Council determines
that it will accomplish the purposes of this chapter better than the status quo that
it replaces.
5. No relocation agreement may provide for the construction or expansion of a
sign in a Residential district or for automatic changeable copy in which copy
can be changed or altered by electric, electro-mechanical, electronic, or any
other artificial energy means, except as set forth in 20.360.002(A)(6).
6. A relocation agreement may provide for the installation of a Digital Billboard
provided that the City Council finds that all of the following are met:
a. The Digital Billboard is located in a non-residential district, adjacent to
U.S. Highway 101.
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b. Installation of the Digital Billboard, containing up to two billboard faces,
will result in a reduction of at least two billboard faces in the City.
c. Installation of the Digital Billboard will advance adopted policies
contained in the General Plan, and any applicable Specific Plan or Area
Plan.
d. The Digital Billboard is operated in accordance with the operating
standards set forth in Section 20.360.006(Q).
B. Amend Sections 20.360.004(A) through (H) as follows:
20.360.004 Prohibited Signs.
The following signs shall not be permitted, erected or maintained within the City of South San
Francisco.
A. Animated, Flashing, or Moving Signs. Any sign with lights or illuminations which
flash, move, rotate, scintillate, blink, flicker, reflect, vary in intensity, vary in color, or
use intermittent electrical pulsations. A Digital Billboard when operated in
accordance with the operating standards set forth in Section 20.360.006(Q) does not
fall within this prohibition.
B. Emissions. Signs that produce noise in excess of 40 decibels and signs that emit odor
or visible smoke, vapor or particles.
C. Exposed Raceway. Exposed sign raceway is prohibited.
D. Fences Signs. Signs attached or painted on fences or freestanding walls that are not
part of a building.
E. Internally Illuminated Signs and Bare Bulbs.
F. Obstruction of Ingress and Egress or Ventilation. Signs shall not obstruct any
door, window, or fire escape. No sign shall be attached to a standpipe, gutter drain,
handicap access or fire escape. Signs shall not interfere with any opening required for
ventilation.
G. Off-Premises Signs. To the extent allowed by law, with the exception of off-
premises signs legally in existence at the time of adoption of this chapter or permitted
pursuant to a relocation agreement under Section 20.360.002(A) and a Sign Permit
under Section 20.360.009, off-premises signs are prohibited. Messages placed on
transit benches or shelters sponsored or contracted by the transit agency pursuant to
contract and with its consent are exempted from this prohibition. Legally established
off-premise signs are subject to the nonconforming sign provisions of Section
20.360.011 (“Nonconforming Signs”).
H. Pole Signs. A Pole Sign permitted pursuant to a relocation agreement under Section
20.360.002(A) and a Sign Permit under Section 20.360.009 does not fall within this
prohibition.
C. Revise Section 20.360.006 “General Standards” as follows:
20.360.006 General Standards
This section establishes general physical standards and requirements. More detailed standards
applicable to specific zoning districts are in Section 20.360.007 (“Sign Standards for Residential
Uses and Districts”) and Section 20.360.008 (“Sign Standards for Non-Residential Districts”). In
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addition to these general standards, all signs shall conform to all applicable the specifications and
standards of the Uniform Sign Code, National Electric Code, and California Building Code.
A. Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard and
other materials subject to rapid deterioration shall be limited to temporary signs
displayed for no more than 90 days.
B. Clearance from Utilities. Signs and their supporting structures shall maintain
clearance from and not interfere with electrical conductors, communications
equipment or lines, surface and underground facilities and conduits for water, sewage,
gas, electricity and communications equipment or lines. Signs shall not be placed in
public utility easements unless express written permission from the affected public
utility is obtained. Signs shall maintain clearance from energized electric power lines
as prescribed by the California Public Utilities Code, the regulations of the California
Public Utilities Commission, and the orders of the California Division of Industrial
Safety, as now in force and as hereafter amended.
C. Intersection and Driveway Visibility. Notwithstanding other provisions of this
section, signs and related structures must comply with Section 20.300.017 (“Visibility
at Intersections and Driveways”).
D. Illumination. Illuminated channel letters and neon signs are allowed. However,
internally illuminated signs and bare bulbs are prohibited except with respect to
Digital Billboards as otherwise provided herein. Lighting fixtures used to illuminate
an outdoor sign shall be mounted on the top of the sign structure, unless approved
with a Minor Use Permit, and shall be shielded according to the following table. All
sign illumination shall adhere to the performance standards for lighting and glare in
Section 20.300.010 (“Performance Standards”) other than Digital Billboard
illumination, which illumination standards shall be as provided in the applicable
relocation agreement and in accordance with Section 20.360.006(Q) below.
Table 20.360.006
Requirements for Shielding and Filtering
Fixture Lamp Type Shielding Required Filtering Required
Low Pressure Sodium (1) None None
High Pressure Sodium Fully None
Metal Halide Fully Yes (4)
Fluorescent Fully (5) Yes (2)
Quartz(3) Fully None
Incandescent greater than 100W Fully None
Incandescent 100W or less None None
Mercury Vapor Not permitted
Fossil Fuel None None
Glass Tubes filled with Neon, Argon, or Krypton None None
Other Sources As approved by the Zoning Administrator.
Notes:
1. This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2. Warm white natural lamps are preferred to minimize detrimental effects.
3. For the purposes of this article, quartz lamps shall not be considered an incandescent light source.
4. Most glass, acrylic, or translucent enclosures satisfy these filter requirements.
5. Outdoor signs constructed of translucent materials and wholly illuminated from within do not require shielding.
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E. Substitution of Sign Message. The owner of a permitted sign may substitute a non-
commercial message for a commercial message or a commercial message for a non-
commercial message.
F. Awning and Canopy Signs. Awning and canopy signs may be attached to or painted
on the vertical edges of awnings, canopies, arcades, or similar features or structures
Awning and canopy signs are also subject to the specific zoning district standards in
Section 20.360.007 (“Sign Standards for Residential Uses and Districts”) and Section
20.360.008 (“Sign Standards for Non-Residential Districts”) and the following
standards:
1. Sign Height. Maximum of 25 feet.
2. Sign Clearance. Minimum of eight feet.
Figure 20.360.006(G)
Awning and Canopy Signs
G. Projecting Signs. A sign may project horizontally from the exterior wall of a
building provided that such projection conforms to the specific zoning district
standards in Section 20.360.007 (“Sign Standards for Residential Uses and Districts”)
and Section 20.360.008 (“Sign Standards for Non-Residential Districts”) and the
following standards:
1. Sign Height. Maximum of 20 feet above the surface of the sidewalk or street or
no higher than the eave line or parapet wall, whichever is lower.
2. Sign Clearance. Minimum of eight feet.
3. Width. A projecting sign shall be no more than one foot thick.
4. Projection. A projecting sign cannot extend more than three feet from the
building to which it is attached and shall be designed and located so as to cause
no harm to street trees. Signs projecting into the public right-of-way are subject
to an encroachment permit.
H. Shingle Signs. Signs suspended beneath a marquee, covered walkway, or canopy in
conjunction with pedestrian walkways, are allowed, subject to the specific zoning
district standards in Section 20.360.007 (“Sign Standards for Residential Uses and
Districts”) and Section 20.360.008 (“Sign Standards for Non-Residential Districts”),
the requirements for projecting signs in subsection G above, and the following
standard:
1. Illumination. The sign may not be illuminated.
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Figure 20.360.006(I)
Shingle Signs
I. Marquee Signs. Marquee signs are subject to the specific zoning district standards in
Section 20.360.007 (“Sign Standards for Residential Uses and Districts”) and Section
20.360.008 (“Sign Standards for Non-Residential Districts”) and the following
standards:
1. Sign Height. No portion of a marquee sign shall be higher than the eave line or
parapet wall of a building.
2. Sign Clearance. Minimum of eight feet.
3. Projections. A marquee sign may extend from the building to which it is
attached subject to approval from the City Engineer. All signs that project into
the public right-of-way shall be designed and located so as to cause no harm to
street trees. Signs projecting into the public right-of-way are subject to an
encroachment permit.
4. Changeable Copy. Changeable copy may occupy up to 75 percent of the area of
a marquee sign.
J. Wall Signs. Wall signs include any sign attached to, erected against or painted upon
the wall of a building or structure, the face of which is in a single plane parallel to the
plane of the wall. Wall signs also include signs on a false or mansard roof. No wall
sign may cover wholly or partially any required wall opening. Wall signs are also
subject to the specific zoning district standards in Section 20.360.007 (“Sign
Standards for Residential Uses and Districts”) and Section 20.360.008 (“Sign
Standards for Non-Residential Districts”) and the following standards:
1. Height. Wall signs shall not be mounted or placed higher than the second story
and shall not extend higher than the building wall upon which they are attached
except on a peaked, mansard, or shed roof where the sign may be placed in such
130
a manner that the highest point on the sign shall be no higher than the lowest
two-thirds of the roof height and providing that the vertical dimension of the
sign shall be no greater than one-third the vertical dimension of the roof.
2. Coverage. Wall sign copy shall not occupy more than 75 percent of the length
of the wall to which the sign is attached.
3. Projection. Wall signs cannot extend more than 12 inches beyond the face of
the wall to which they are attached.
K. Window Signs. Permanent window signs painted or otherwise adhered directly onto
a window are subject to the specific zoning district standards in Section 20.360.007
(“Sign Standards for Residential Uses and Districts”) and Section 20.360.008 (“Sign
Standards for Non-Residential Districts”) and the following standards:
1. Height. Window signs shall not be mounted or placed on windows higher than
the second story.
2. Visibility. Window signs shall allow visibility into inside of building.
L. Monument Signs. Freestanding signs erected on the ground or on a monument base
designed as an architectural unit are allowed, subject to the specific zoning district
standards in Section 20.360.007 (“Sign Standards for Residential Uses and Districts”)
and Section 20.360.008 (“Sign Standards for Non-Residential Districts”) and the
following standards:
1. Height. A maximum of 10 feet.
2. Landscape. All monument signs shall require automatic irrigated landscape at
the base equivalent to two times the area of the sign copy.
Figure 20.360.006(M)
Monument Signs
M. High-Rise Building Identification Signs. High-rise building identification signs
shall be limited to buildings of at least four stories located in the Commercial and
Employment districts.
1. Location. Signs shall be located on the upper-most story of the building.
2. Sign Type. Signs shall be composed of individual, internally illuminated
channel letters.
3. Sign Copy. Sign copy shall be limited to one.
N. Center Identification Signs. Center identification signs may be erected in all
districts, subject to the following limitations:
1. Identifiable Area. The signs must be for a development containing a minimum
of 20,000 square feet with an integrated site and design plan creating a single
unified development with one or more uses.
2. Non-Residential Districts. The maximum sign area in nonresidential districts
may be no more than one foot for each linear foot of street frontage, but in no
case shall the total sign area exceed 200 square feet. If more than one entrance
131
to the lot exists, the maximum sign area permitted will be divided among the
number of entryways and signs requested.
3. Residential Districts and Subdivisions. For subdivisions and other residential
area entry signs, the maximum sign area permitted is 20 square feet. Signs shall
be mounted on a fence, wall or other similar entry feature. If more than one
entrance exists, the sign area permitted will be divided between the number of
entryways and signs requested.
4. Sign Base. The sign base is to be located within a planter box or planting area,
the design and location of which is to be approved by the Chief Planner.
5. Area Not Counted. The area of the sign shall not count towards the permissible
sign area of the individual lot.
O. Changeable Copy.
1. Changeable copy shall cover no more than 25 percent of the total sign area,
except as otherwise provided in this chapter.
2. Automatic changeable copy in which copy can be changed or altered by electric,
electro-mechanical, electronic, or any other artificial energy means is
prohibited, except for Automobile Service Station fuel pricing displays or signs
granted a Type C sign permit pursuant to the Special Circumstances Section
20.360.011.
3. Changeable copy signs shall not contain animation, rolling or running letters or
message, flashing lights or displays as part of the display.
P. Temporary Signs. Any temporary sign, banner, balloon, pennant, valance or
advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or
other light materials, with or without frames for any event of limited duration
including, but not limited to, entertainment, sporting events, elections, construction
and sales of goods, may be erected and located in accordance with the following
standards:
1. Maximum Total Temporary Sign Area.
a. Residential. Six square feet, no portion of which may be higher than seven
feet above existing grade.
b. Nonresidential. 24 square feet, no portion of which may be higher than 10
feet above existing grade.
2. Distance between Signs. Minimum two feet.
3. Time Limits. Temporary signs shall be removed within 30 days after they are
placed, erected or installed, or 15 calendar days after the conclusion of the event
to which they relate occurs, whichever is later. The Chief Planner may, for good
reason, grant an extension of up to 45 days based on the sign owner’s written
application. In no case shall a temporary sign remain in place for more than 90
days or be allowed more than twice per year. (Ord. 1445 § 2, 2011; Ord. 1432 §
2, 2010)
Q. Digital Billboards. Digital Billboards are permitted pursuant to a relocation
agreement under Section 20.360.002(A) above. Digital Billboards shall have the
following operational limitations:
1. Maximum Number of Signs and Faces. Not more than three digital billboards,
with two faces each, may be allowed within the City, and must be pursuant to
the approval of a relocation agreement under Section 20.360.002(A).
2. Operational Limitations. Digital Billboards shall contain static messages only,
and shall not contain any display with movement, or the appearance or optical
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illusion of movement during the static display period, or any part of the sign
structure, including the movement or appearance of movement. Every static
message contained on a Digital Billboard shall not include flashing or the
varying of light intensity.
3. Minimum Display Time. Each message on the Digital Billboard must be
displayed for a minimum of eight (8) seconds.
4. Face Size/Area. The maximum allowable face size for a Digital Billboard shall
be one thousand two hundred (1200) square feet, excluding any cabinetry,
framing or trim.
5. Light Level. Lighting levels will not increase by more than 0.3 foot candles
(over ambient levels) as measured using a foot candle meter at a pre-set
distance.
a. Pre-set distances to measure the foot candles impact vary with the
expected viewing distances of each size sign. Measurement distance
criteria:
Nominal Face Size Distance to be measured from
Up to 14 feet x 48 feet 250 feet
Up to 20 feet x 60 feet 350 feet
6. Light Sensor. Each display must have a light sensing device that will adjust the
brightness as ambient light conditions change.
7. Alternative Lighting Technology. The technology currently being deployed for
digital billboards is LED (light emitting diode), but there may be alternate,
preferred and superior technology available in the future. Any other technology
that operates under the maximum brightness stated in Section 20.360.006(Q)(5)
shall not require an ordinance change for approval, unless the Planning
Commission finds it in the best interest of the public to do so. The City shall
expedite any required approvals for technology that is superior in energy
efficiency over previous generations or types.
8. Malfunction. Digital Billboards shall be operated with systems and monitoring
in place to either turn the display off or show a “full black” image on the display
in the event of a malfunction.
9. Emergency Information. Owners of Digital Billboards are encouraged to
coordinate with law enforcement and emergency management authorities to
display, when appropriate, regional emergency information important to the
traveling public including, but not limited to Amber Alerts or emergency
management information.
10. Location. Digital Billboards shall only be permitted in a non-residential district
south of Sister Cities Boulevard and north of the City’s southern boundary,
adjacent to U.S. Highway 101, and shall not be permitted on San Bruno
Mountain or on the east side of U.S. Highway 101.
D. Revise Section 20.360.008 “Sign Standards for Non-Residential Districts” as follows:
20.360.008 Sign Standards for Non-Residential Districts
Signage in nonresidential districts shall comply with the standards in Table 20.360.008.
All properties in nonresidential districts shall be allowed a minimum sign area of 25 square feet.
Digital Billboards are exempt from this section, and are governed by Section 20.360.006(Q)
Digital Billboards. Further, Off-Premises signs permitted pursuant to a relocation agreement
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under Section 20.360.002(A) and a Master Sign Program under Section 20.360.009 are exempt
from this section.
E. Amend Section 20.360.009(D) to clarify that a change of copy or face change on a
digital billboard is not subject to a Sign Permit, as follows:
D. Sign Permit Required. Except for certain signs exempted in compliance with
Section 20.360.002 (“Applicability and Exemptions”), no sign shall be erected, re-
erected, constructed or altered (including change of copy or face change excluding
Digital Billboards approved subject to Section 20.360.002(A)(6)), except as provided
by this section, unless a Sign Permit has been issued by the Chief Planner and a
building permit issued by the Building Division.
F. Amend Section 20.360.012(A) to clarify that nonconforming signs may be altered if
authorized under a relocation agreement, as follows:
A. No nonconforming sign shall be altered, enlarged, relocated, and/or reconstructed,
except in such manner as to comply with the requirements of this Ordinance or as
authorized under a Relocation Agreement per Section 20.360.002(A). A
nonconforming sign may be maintained or its text changed without affecting its
nonconforming status.
G. Amend Section 20.360.015 Definitions to include new Section 20.360.015(J) Digital
Billboard as follows, and renumber existing Sections 20.360.015(J) through
20.360.015(MM) accordingly.
J. Digital Billboard. An off-site sign utilizing digital message technology, capable of
changing the static message or copy on the sign electronically. A Digital Billboard is
distinct from, and shall not constitute an Animated Sign or Changeable Copy Sign in
the context of this chapter.
SECTION III. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION IV. PUBLICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
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meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk ’s Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and
after its adoption.
* * * * * * *
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 26th day of August, 2015.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the _____ day of _____________, 2015 by the following vote:
AYES:_______________________________________________________________________
NOES:_______________________________________________________________________
ABSTENTIONS:_______________________________________________________________
ABSENT:_____________________________________________________________________
Attest:__________________________________
Krista Martinelli, City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this _____ day of _____________, 2015.
Mayor
2401407.1
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Attachment 3
Draft Entitlements Resolution
Exhibit A: General Conditions of Approval
Exhibit B: East of 101 Area Plan Amendment
Exhibit C: Terminal Project Plans
Exhibit D: Union Pacific Project Plans
Exhibit E: Terminal Project Relocation Agreement
Exhibit F: Union Pacific Project Relocation Agreement Amendment
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RESOLUTION NO._________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION APPROVING AN AMENDMENT TO THE EAST OF 101
AREA PLAN, A ZONING TEXT AMENDMENT, A RELOCATION
AGREEMENT, AND AN AMENDMENT TO A RELOCATION AGREEMENT;
AND CONDITIONALLY APPROVING A SIGN PERMIT AND DESIGN
REVIEW, TO ALLOW FOR THE INSTALLATION OF A 70 FOOT TALL,
DOUBLE FACED, DIGITAL BILLBOARD ON PROPERTY LOCATED AT 101
TERMINAL COURT IN EXCHANGE FOR REMOVAL OF ONE DOUBLE
SIDED BILLBOARD ALONG EL CAMINO REAL, AND TO ALLOW AN
EXISTING DOUBLE FACED, STATIC BILLBOARD ON PROPERTY
LOCATED AT THE INTERSECTION OF DUBUQUE AVENUE AND GRAND
AVENUE TO BE INCREASED BY 20 FEET, TOGETHER WITH OTHER
CONSIDERATIONS.
WHEREAS, Clear Channel (“Applicant”) owns or has a legal equitable interest in a
property located at 101 Terminal Court (APN 015-113-160) (“Terminal Property”) and a
property located at the intersection of Dubuque Avenue and Grand Avenue (APN 872-41-261)
(“Union Pacific Property”); and,
WHEREAS, Applicant has submitted a development proposal to construct, operate and
maintain an off-premise digital message center display (“Digital Billboard”) at the Terminal
Property (“Terminal Project”), and to increase the height of an existing static billboard (“Existing
Billboard”) by twenty (20) feet at the Union Pacific Property (“Union Pacific Project”); and,
WHEREAS, the Terminal Project and Union Pacific Project may be collectively referred
to herein as (“Project”); and,
WHEREAS, Applicant seeks approval of an Area Plan Amendment, a Zoning Text
Amendment, Development Agreement, Relocation Agreement, Amendment to an existing
Relocation Agreement, Sign Permit, and Design Review; and,
WHEREAS, approval of the Applicant’s proposal is considered a “project” for purposes
of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”);
and,
WHEREAS, on May 7, 2015 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to solicit public comment and consider the
Initial Study/Mitigated Negative Declaration (“IS/MND”) and the proposed entitlements, take
public testimony, at the conclusion of which, the Planning Commission recommended that the
City Council adopt the IS/MND and approve the project; and,
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WHEREAS, the City Council held a duly noticed public hearing on July 8, 2015 which
was continued to August 26, 2015 to consider the IS/MND, the Area Plan Amendment, Zoning
Text Amendment, Development Agreement, Relocation Agreement, Amendment to an existing
Relocation Agreement, Sign Permit, and Design Review and take public testimony; and,
WHEREAS, the City Council reviewed and carefully considered the information in the
IS/MND, and by separate resolution, adopts the IS/MND as an objective and accurate document
that reflects the independent judgment and analysis of the City in the discussion of the Project’s
environmental impacts.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, the California Environmental Quality Act, Public
Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of
Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the
South San Francisco Municipal Code; the Project applications; the Terminal Project Plans, as
prepared by Vincent Kevin Kelly & Assoc., Inc., dated March 4, 2015; the Union Pacific Project
Plans, as prepared by Vincent Kevin Kelly & Assoc., Inc., dated June 23, 2015; the Clear
Channel Billboard Project and Related Zoning Amendment Initial Study/Mitigated Negative
Declaration, including all appendices thereto; the Union Pacific Project CEQA Categorical
Exemption Analysis; all site plans, and all reports, minutes, and public testimony submitted as
part of the Planning Commission’s duly noticed May 7, 2015 meeting, and Planning
Commission deliberations; all site plans, and all reports, minutes, and public testimony submitted
as part of the City Council’s duly noticed July 8, 2015 meeting which was continued to August
26, 2015, and City Council deliberations; and any other evidence (within the meaning of Public
Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco
hereby finds as follows:
A. General Findings
1. The foregoing recitals are true and correct.
2. The Exhibits attached to this Resolution, including the Conditions of Project
Approval (Exhibit A), the East of 101 Area Plan Amendment (Exhibit B), the Terminal Project
Plans (Exhibit C), the Union Pacific Project Plans (Exhibit D), the Terminal Project Relocation
Agreement (Exhibit E), and the Union Pacific Project Relocation Agreement Amendment
(Exhibit F) are each incorporated by reference and made a part of this Resolution, as if set forth
fully herein.
3. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of the Chief Planner, Sailesh Mehra.
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B. East of 101 Area Plan Amendment
1. The Area Plan, as proposed for amendment, implements and is consistent with the
General Plan. The 1999 General Plan includes policies encouraging the City to consider
opportunities for enhancement of financing tools in order to fund various economic development
initiatives and to actively market South San Francisco. The existing billboard on the Union
Pacific Property was allowed to install a second sign face as part of a 2000 Sign Relocation
Agreement that removed four sign structures from the west side of U.S. Highway 101 to allow
the construction of the Oyster Point Interchange/Hook Ramp. The Union Pacific Project would
amend the East of 101 Area Plan to allow for renovations to existing billboards in the East of
101, and includes provisions for additional revenue for a period of 30 years, subject to the terms
of the Project entitlements including the proposed Development Agreement and Union Pacific
Project Relocation Agreement Amendment. Further, approval of the U.P Project, including the
proposed Development Agreement and Union Pacific Project Relocation Agreement
Amendment, will not impede achievement of, and is consistent with, applicable General Plan
policies.
2. The Area Plan, as proposed for amendment, implements and is consistent with
other provisions of the East of 101 Area Plan, which the General Plan identifies as the guide for
detailed implementation of General Plan policies. Policy LU-1 states that developments should
be evaluated based on their merits and the net benefits they will provide to the East of 101 Area
and the City as a whole. The existing billboard on the Union Pacific Property was allowed to
install a second sign face as part of a 2000 Sign Relocation Agreement that removed four sign
structures from the west side of U.S. Highway 101 to allow the construction of the Oyster Point
Interchange/Hook Ramp. The Union Pacific Project would amend the East of 101 Area Plan to
allow for renovations to existing billboards in the East of 101, and includes provisions for
additional revenue for a period of 30 years, subject to the terms of the Project entitlements
including the proposed Development Agreement, and Union Pacific Project Relocation
Agreement Amendment. In addition, the proposed project is consistent with the Design Policies
of the East of 101 Area Plan.
3. The Area Plan, as proposed for amendment, will not be detrimental to the public
interest, health, safety, convenience, or welfare of the City, because the amendments would
allow for renovations to existing billboard signs only, and would not revise the prohibition on
new billboards in the East of 101 area. Any revisions to existing billboard signage would
continue to be required to be developed in conformance with the applicable standards included in
Chapter 20.110 (Employment Districts) and Chapter 20.360 (Signs).
4. The Area Plan, as proposed for amendment, area is physically suitable for the
type and intensity of the land use being proposed, because the amendments would allow for
renovations to existing billboard signs only. The existing billboards within the East of 101 Area
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Plan area are located in the Freeway Commercial zoning district, which is intended for uses that
benefit from proximity to U.S. Highway 101.
C. Terminal Project Relocation Agreement
1. The Digital Billboard is located within a property located at 101 Terminal Court
(APN 015-113-160), which is within the Freeway Commercial zoning district and is immediately
adjacent to U.S. Highway 101.
2. Installation of the Digital Billboard with two billboard faces will result in a
reduction of two billboard faces with the removal of the existing double-faced billboard at 1700
El Camino Real.
3. Installation of the Digital Billboard will advance adopted policies contained in the
General Plan, including maximizing the City’s financing tools and actively marketing South San
Francisco.
4. The Digital Billboard is operated in accordance with the operating standards set
forth in Section 20.360.006(Q), because the project has been evaluated against, and found to be
consistent with, each of the ten operating standards.
D. Design Review
1. The Project, including Design Review, is consistent with Title 20 of the South
San Francisco Municipal Code because as submitted through the Design Review Process, the
signage complies with the applicable standards included in Chapter 20.110 (Employment
Districts) and Chapter 20.360 (Signs).
2. The Project, including Design Review, is consistent with the General Plan and the
East of 101 Area Plan because the proposed signs are consistent with the design policies and
design direction provided in the South San Francisco General Plan and East of 101 Area Plan, as
proposed for amendment. The proposed Terminal Project Digital Billboard will further General
Plan policies to actively market South San Francisco by including the City name on the sign
structure.
3. The Project, including Design Review, complies with any applicable design
guidelines adopted by the City Council in that the proposed signage is consistent with the
Employment Development Standards and Supplemental Regulations included in Sections
20.110.003 & 20.110.004 and with the Design Principles in Section 20.360.003.
140
4. The Project is consistent with the applicable design review criteria in Section
20.480.006 (“Design Review Criteria”) because the project has been evaluated against, and
found to be consistent with, each of the eight design review criteria included in the “Design
Review Criteria” section of the Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of
Approval, attached as Exhibit A to this resolution, the City Council of the City of South San
Francisco hereby makes the findings contained in this Resolution, and adopts a resolution
approving the East of 101 Area Plan Amendment (attached as Exhibit B), Sign Permit and
Design Review.
BE IT FURTHER RESOLVED that the City Council hereby approves the Terminal
Project Relocation Agreement between the City of South San Francisco and Clear Channel
Outdoors, LLC attached hereto as Exhibit E, and Union Pacific Project Relocation Agreement
Amendment between the City of South San Francisco and Clear Channel Outdoors, LLC
attached hereto as Exhibit F, each incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council further authorizes the City Manager
to execute the Terminal Project Relocation Agreement and the Union Pacific Project Relocation
Agreement Amendment, on behalf of the City, in substantially the form attached as Exhibit E
and Exhibit F, respectively, and to make revisions to such Agreements, subject to the approval of
the City Attorney, which do not materially or substantially increase the City’s obligations
thereunder
BE IT FURTHER RESOLVED that the approvals stated herein are conditioned upon the
City Council’s approval of the Zoning Ordinance Chapter 20.360 Signs Amendments and the
Development Agreement between the City of South San Francisco and Clear Channel Outdoors,
LLC.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the
City of South San Francisco at the regular meeting held on the 26th day of August, 2015 by the
following vote:
AYES:________________________________________________________________
NOES:________________________________________________________________
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ABSTENTIONS:________________________________________________________
ABSENT:______________________________________________________________
Attest:__________________________________
City Clerk
142
Entitlements Resolution - Exhibit A
Conditions of Approval
143
DRAFT CONDITIONS OF APPROVAL
P12-0021: ZA12-0001, DR12-0008, SIGNS12-0013, ND12-0002, DA15-0001 and GPA15-
0002
CLEAR CHANNEL BILLBOARD PROJECTS
(As recommended by City Staff on May 7, 2015)
A) Planning Division requirements shall be as follows:
1. The applicant shall comply with the Planning Divisions standard Conditions and
Limitations for Commercial, Industrial, Mixed-Use and Multi-Family Residential
Projects.
2. The construction drawings for the Terminal Project shall substantially comply with the
City Council approved plans, prepared by Vincent Kevin Kelly & Assoc, Inc., dated
March 4, 2015, as amended by the conditions of approval.
3. The construction drawings for the Union Pacific Project shall substantially comply with
the City Council approved plans, prepared by Vincent Kevin Kelly & Assoc, Inc., dated
April 27, 2015, as amended by the conditions of approval.
4. The developer shall comply with all applicable mitigation measures outlined in the
Mitigation Monitoring and Reporting Program and the Clear Channel Billboard Project
and Related Zoning Amendment IS/MND. Prior to issuance of a building permit the
applicant shall prepare a checklist outlining mitigation measures and status of
implementation, for review and approval by the Chief Planner or designee.
5. Prior to issuance of any building or construction permits for grading improvements, the
applicant shall submit final grading plans for review and approval by the City Engineer
and Chief Planner.
Planning Division contact: Billy Gross, Senior Planner, (650) 877-8535
144
Entitlements Resolution - Exhibit B
East of 101 Area Plan Amendment
145
GENERAL PLAN AMENDMENTS FOR EAST OF 101 AREA PLAN POLICIES
The proposed General Plan Amendments provide recommended policy updates to the City of
South San Francisco’s existing East of 101 Area Plan, including design element policies upon
which proposed Billboard measures and actions are based. The General Plan Amendments
include edits and additions to existing text and policies in the following elements:
Land Use
The proposed East of 101 Area Plan Amendments are provided in the attached document in
redlined format.
146
East of 101 Area Plan
Chapter 8: Design Element – Section C. East of 101 Area-Wide Design Policies
Subsection 6. Billboards
As shown in Figure B, the billboards and advertising signs in the East of 101 Area create
a visual barrier and negative first impression, especially for viewers travelling north on
Highway 101. Removal of these signs should be encouraged and no additional signs
shall be allowed. Funds are available in some cases through Caltrans to aid in financing
removal costs, provided that cities make regulations prohibiting future-sign
replacement. The following design policies encourage the removal of billboards from
the East of 101 Area.
Policy DE-32. No new off-site commercial advertising signs or billboards shall be
permitted in the East of 101 Area. Existing billboards may be renovated,
replaced or relocated if the City finds that the change would improve the
visual character of the area.
Policy DE-33. The City shallshould work to remove all existing off-site commercial
advertising signs and billboards from the East of 101 area.
147
Entitlements Resolutions - Exhibit C
Terminal Project Plans
148
149
150
151
152
153
154
155
Entitlements Resolution - Exhibit D
Union Pacific Project Plans
156
157
158
159
Entitlements Resolution - Exhibit E
Terminal Project Relocation Agreement
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Page 1 of 22
BILLBOARD RELOCATION AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND CLEAR CHANNEL
OUTDOOR, INC.
This Billboard Relocation Agreement (“AGREEMENT”) is made and entered into as
of this ____ day of ________, 2015, by and between the City of South San Francisco,
a municipal corporation (“CITY”), and Clear Channel Outdoor, Inc., a Delaware
corporation (“CLEAR CHANNEL”) (collectively the “Parties”).
RECITALS
(A) WHEREAS, CLEAR CHANNEL shall remove that certain billboard located
within the City of South San Francisco commonly described and shown by
maps in EXHIBIT “A,” entitled “Removed Billboard,” attached hereto and
incorporated herein by this reference (hereafter the “REMOVED
BILLBOARD”); and
(B) WHEREAS, CITY is willing to allow CLEAR CHANNEL to construct,
operate and maintain a new, double-faced V-shaped outdoor advertising sign
(the “TERMINAL PROJECT”) with digital message center displays (the
“DIGITAL DISPLAYS”) with the following dimensions: a display face size of
seventeen (17’) feet wide and fifty-nine (59’) feet high with an elevation of
seventy feet (70’) feet (“DIGITAL BILLBOARD”), above the adjacent freeway
grade. The exact specifications of the DIGITAL BILLBOARD are set forth in
EXHIBIT “B” attached hereto. The DIGITAL BILLBOARD will be
constructed at the property located at 101 Terminal Court (APN 015-113-160),
which is further described and depicted in Exhibit “C” (the “TERMINAL
PROPERTY”). Such DIGITAL BILLBOARD will also be constructed
pursuant to and in accordance with the terms and conditions of Chapter 20.360
of the City of South San Francisco Municipal Code as amended pursuant to
Zoning Amendment No. __ (the “SIGN ORDINANCE AMENDMENT”); and
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(C) WHEREAS, in consideration for the removal of the REMOVED
BILLBOARD in accordance with the terms of this AGREEMENT, the
benefits derived by the CITY from the construction, operation and maintenance
of the DIGITAL BILLBOARD, including the promotion of business and
commerce within the CITY, which construction, operation and maintenance are
specifically permitted and encouraged by §§ 5412 and 5443.5 of the California
Outdoor Advertising Act (Bus. and Prof Code § 5200 et seq.), and the CITY's
sign regulations, and for valuable consideration more fully set forth herein and
in the development agreement attached as Exhibit “D” hereto
(“DEVELOPMENT AGREEMENT”) related to the TERMINAL PROJECT
and CLEAR CHANNEL’S UNION PACIFIC PROJECT, defined therein ,
CITY will grant CLEAR CHANNEL the right to construct, operate and
maintain the DIGITAL BILLBOARD as provided in this AGREEMENT; and
(D) WHEREAS, CITY has made the following findings under its police and
regulatory powers regarding the TERMINAL PROJECT: that the construction,
operation and maintenance of the DIGITAL BILLBOARD as proposed and as
more-fully described and depicted in Exhibits B, C and E, are in compliance
with all CITY regulations, plans and codes; and that the DIGITAL
BILLBOARD will not unreasonably interfere with traffic sight distances,
nearby residences or traffic flow; and
(E) WHEREAS, the TERMINAL PROJECT is contingent upon approvals from
the California Department of Transportation (“CalTrans”); and
(F) WHEREAS, CITY has prepared an Initial Study pursuant to the California
Environmental Quality Act. Based on the Initial Study, CITY has prepared,
posted, circulated and, on _____________, adopted a [mitigated] negative
declaration (File No. ------------) which confirms based on substantial evidence
that CLEAR CHANNEL’s proposed removal of the REMOVED
BILLBOARD, and construction, operation and maintenance of the DIGITAL
BILLBOARD , as more fully described in this AGREEMENT would not have
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Page 3 of 22
the potential for any significant environmental impacts; and
(G) WHEREAS, CITY on____________________ , 2015 approved CLEAR
CHANNEL'S application for the TERMINAL PROJECT upon terms and
conditions set forth in such approval; and
(H) WHEREAS, the City Council of the CITY has found that this AGREEMENT, and
the construction, operation and maintenance of the DIGITAL BILLBOARD as
provided for herein, meet the requirements of the CITY's Sign Ordinance, as amended
by the SIGN ORDINANCE AMENDMENT, and the City Municipal Code, are
consistent with the CITY's General Plan, as amended as of the date hereof (the
“GENERAL PLAN AMENDMENT”) and all other applicable regulations, codes
and plans, and will preserve and promote the public health, safety and welfare;
and
(I) WHEREAS, the City’s Planning Commission has conducted a duly noticed public
hearing on CLEAR CHANNEL's proposal for the construction, operation and
maintenance of the BILLBOARDS as further set forth herein; and
(J) WHEREAS, on _____________, 2015, after conducting duly noticed public
hearings, the City Council of the CITY adopted an ordinance, approving this
AGREEMENT with CLEAR CHANNEL; and
(K) WHEREAS, this AGREEMENT will serve the public interest by allowing the
CITY to continue its development in a planned manner and promoting business
and commerce within the CITY, and will result in an overall reduction of
billboards along the surface streets in the CITY; and
(L) WHEREAS, on ___________, _______________, and ____________, 2015,
after conducting duly noticed public hearings, the City Council of the CITY
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adopted ordinances approving the SIGN ORDINANCE AMENDMENT
and the DEVELOPMENT AGREEMENT and a resolution approving the
GENERAL PLAN AMENDMENT.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by both Parties, the Parties hereto agree
as follows:
SECTION 1. RECITALS AND EXHIBITS.
The foregoing recitals are true and correct, express the intent of the Parties, and are
incorporated herein as contractual terms. All exhibits to this AGREEMENT are essential to
this AGREEMENT and are hereby deemed a part hereof.
SECTION 2. CLEAR CHANNEL AND CITY AUTHORITY AND STATUS.
A. CLEAR CHANNEL hereby represents and warrants for the benefit of CITY all of
the following:
1. That the information provided by CLEAR CHANNEL in this AGREEMENT is
true and accurate to the best of CLEAR CHANNEL's knowledge after a diligent
inquiry; and
2. That CLEAR CHANNEL is a duly organized, validly existing corporation, and is
in good standing under the laws of its place of incorporation and is in good
standing in the State of California; and
3. That CLEAR CHANNEL's signatory to this AGREEMENT is authorized by
resolution, bylaws, constitution or other authorization of CLEAR
CHANNEL, which resolution, bylaw, constitution or other authorization is
currently in full force and effect, to execute this AGREEMENT on CLEAR
CHANNEL's behalf and bind CLEAR CHANNEL thereby; and
4. That CLEAR CHANNEL has legal or equitable interest in the TERMINAL
PROPERTY sufficient to construct, operate and maintain the DIGITAL
BILLBOARD at that location; and
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5. That CLEAR CHANNEL is duly authorized to perform or to cause to be
performed all of the obligations of CLEAR CHANNEL, or CLEAR
CHANNEL's contractors, subcontractors or other agents, under and in
accordance with the terms and conditions of this AGREEMENT.
B. CITY hereby represents and warrants for the benefit of CLEAR CHANNEL
all of the following:
1. That the information in this AGREEMENT is true and accurate to the best
of CITY’s knowledge after a diligent inquiry; and
2. That CITY’s execution of this AGREEMENT is authorized by resolution,
which resolution, is currently in full force and effect, to execute this
AGREEMENT on the CITY’S behalf and bind the CITY thereby; and
3. That the CITY is duly authorized to perform or to cause to be performed all
of the obligations of CITY under and in accordance with the terms and
conditions of this AGREEMENT.
SECTION 3. EFFECTIVE DATE OF AGREEMENT.
The effective date of this AGREEMENT shall be the effective date of the resolution
approving this AGREEMENT, and the ordinances adopting the
DEVELOPMENT AGREEMENT and the SIGN ORDINANCE
AMENDMENT. This AGREEMENT shall not take effect unless all three
approvals are effective.
SECTION 4. TERM OF AGREEMENT.
The term of this AGREEMENT shall commence on the EFFECTIVE DATE and end
on the date which is thirty (30) years after the COMMENCEMENT DATE (as
hereinafter defined). The “COMMENCEMENT DATE” shall be the
Commencement Date under the DEVELOPMENT AGREEMENT attached as
Exhibit “D” hereto.
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Upon the expiration or earlier termination of this AGREEMENT, CLEAR CHANNEL shall,
at its sole cost and expense, immediately remove the above-ground portions of the DIGITAL
BILLBOARD within ninety (90) days, unless CLEAR CHANNEL and CITY have entered
into a subsequent written agreement, upon terms mutually acceptable to both Parties, that
allows the DIGITAL BILLBOARD to remain.
SECTION 5. BILLBOARD REMOVAL.
The Parties hereto acknowledge and agree that CLEAR CHANNEL will permanently
remove the REMOVED BILLBOARD within 180 days of receipt of all required local
and state governmental approvals and permits and any other required permits and
approvals (“PERMITS”) required for construction of the DIGITAL BILLBOARD in
consideration of approval to construct the DIGITAL BILLBOARD. The REMOVED
BILLBOARD and any right title and interest therein or right to place a billboard,
whether by lease, license or other right, at the location of the REMOVED
BILLBOARD shall be forever terminated and shall not be or have been assigned,
transferred or given to any other entity, affiliate, subsidiary, person or party by
CLEAR CHANNEL.
SECTION 6. BILLBOARD CONSTRUCTION.
The Parties hereto acknowledge and agree that CLEAR CHANNEL may construct, operate
and maintain the DIGITAL BILLBOARD at the location described in Exhibit B, that the
DIGITAL BILLBOARD shall be constructed to the specifications outlined in Exhibit C, and
that CLEAR CHANNEL will at all times operate and maintain the DIGITAL BILLBOARD
in compliance with this AGREEMENT, the DEVELOPMENT AGREEMENT and all
applicable state and local laws. CLEAR CHANNEL acknowledges and agrees that the
architecture of the DIGITAL BILLBOARD will be constructed substantially in
conformance with the design depicted in attached Exhibit E.
SECTION 7. CLEAR CHANNEL'S RIGHTS AND OBLIGATIONS.
A. CLEAR CHANNEL shall not be obligated to remove the REMOVED
BILLBOARD or permitted to construct the DIGITAL BILLBOARD pursuant to this
AGREEMENT unless and until CLEAR CHANNEL has received all PERMITS for
the removal or construction, as applicable, of the REMOVED BILLBOARD and the
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DIGITAL BILLBOARD.
B. CITY agrees that it will use reasonable efforts to cooperate with CLEAR CHANNEL
in connection with any PERMITS required from the CITY and Caltrans, and any other
governmental agencies, and that it will use reasonable efforts to timely issue all PERMITS
necessary for CLEAR CHANNEL's timely compliance with this AGREEMENT including,
but not limited to, construction of the DIGITAL BILLBOARD and permanent removal of
the REMOVED BILLBOARD.
C. CLEAR CHANNEL may replace a DIGITAL DISPLAY on the DIGITAL
BILLBOARD with a static billboard face from time to time in CLEAR CHANNEL’s
sole and absolute discretion.
D. CLEAR CHANNEL shall pay, up to eighty thousand dollars ($80,000), for all
reasonable CITY costs for CITY staff and consultants incurred to implement this Section.
CLEAR CHANNEL has made an initial deposit in the amount of ten thousand dollars
($10,000), and shall pay future costs upon receipt of invoice, subject to the foregoing cap, i.e.
up to $70,000. Any delay caused by the CITY in its issuance of PERMITS shall not result in
a default or failure of performance by CLEAR CHANNEL for the period of time delay is
caused by CITY. CLEAR CHANNEL’s obligations to pay for customary permit fees
pursuant to Section 8(a) of the Development Agreement and its obligations to pay
legal fees and costs pursuant to Sections 10, 15 and 20 of the Development Agreement
are not included in the calculation of the eighty thousand dollar ($80,000) cap
discussed in this section.
E. As long as CLEAR CHANNEL operates a DIGITAL DISPLAY on the
DIGITAL BILLBOARD, CLEAR CHANNEL shall agree to use one (1) guaranteed
spot in a standard rotation on one Digital Display for four (4) “blocks” of time, during
each calendar year following the COMMENCEMENT DATE to display CITY-
sponsored event announcements and non-commercial public service announcements
to promote the civic interests of the CITY (“CITY MESSAGES”) with no charge for
advertising space. Each “block” will consist of one advertising spot of no greater than
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eight (8) seconds in the standard rotation of 8 spots on one Digital Display continuing
for two (2) weeks in duration, or a minimum of 14,000 spots of eight (8) seconds or
less during each two week block of time. The blocks of time shall be distributed over
the year with one promotion scheduled for each calendar quarter. The blocks of time
are subject to the following conditions and parameters:
(i)The CITY shall provide the requested time periods to CLEAR CHANNEL
for the following year prior to November 1 of the preceding year. CITY shall
be responsible for providing CLEAR CHANNEL with its CITY MESSAGES
and for any costs associated with providing CLEAR CHANNEL associated
artwork in acceptable format, and will be subject to CLEAR CHANNEL‘s
standard advertising copy rejection and removal policies which allow CLEAR
CHANNEL the right in its sole discretion to approve or disapprove copy and
remove copy once posted or displayed.
(ii) The CITY shall not charge for, or exchange goods or services for, any sign
space granted on the DIGITAL DISPLAYS.
(iii) The CITY must submit "camera ready art" utilizing formats and protocols
acceptable to CLEAR CHANNEL from time to time or pay production costs.
All copy shall be submitted to company at least ten (10) business days in
advance.
(iv) If at any time in the future CLEAR CHANNEL removes the DIGITAL
DISPLAY(s) from the sign structure or CLEAR CHANNEL is unable to
operate the DIGITAL DISPLAY(s), for any reason, the advertising spot
commitments in this section shall be automatically terminated and rendered
null and void and CLEAR CHANNEL shall be under no obligation whatsoever
to provide the City with any type of free advertising space. However, at any
time CLEAR CHANNEL operates the Digital Display(s) with
electronic/digital technology, the advertising spot commitment shall remain in
place.
(v) It is expressly understood and agreed that CITY MESSAGES may not
include any names, logos or marks associated with any third party non-
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governmental person or entity or any products or any services associated with
any third party non-governmental person or entity.
(vi) Any unused space will be forfeited and shall not roll over. In the event
CITY does not provide CLEAR CHANNEL with a space request for the
following year by November 1 of the prior year, or in the event the CITY fails
to use any space, nothing herein shall be deemed to prevent or prohibit
CLEAR CHANNEL from using such spots for promoting CLEAR
CHANNEL’S business, promoting charitable enterprises, or from actively
seeking advertisers for unsold or unused spots, even though that may result in
the shortening of advertising time that would otherwise have been available to
the CITY under this AGREEMENT.
(vii) In addition to the guaranteed space described above, CLEAR CHANNEL
also agrees to provide the CITY with one spot in a standard eight spot rotation
during periods other than the two week periods when the CITY has a
guaranteed spot, on a space available basis and provided that such spots may
be pre-empted by CLEAR CHANNEL for any reason, including without
limitation the use of such spots for promoting CLEAR CHANNEL’S business,
promoting charitable enterprises, or from actively seeking advertisers for such
spots.
(viii) The CITY shall and hereby does agree to indemnify, defend and hold
harmless CLEAR CHANNEL for, from and against, any claims, costs
(including, but not limited to, court costs and reasonable attorneys’ fees),
losses, actions or liabilities arising solely from or in connection with a third
party allegation that any portion of any CITY MESSAGE infringes or violates
the rights, including, but not limited to, copyright, trademark, trade secret or
any similar right, of any third party. This indemnity shall not include CLEAR
CHANNEL’s lost profits or consequential damages or any similar right, of any
third party.
F. CLEAR CHANNEL shall pay customary permit fees, fees imposed pursuant to the
DEVELOPMENT AGREEMENT and any applicable gross receipts tax, in the event the
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CITY enacts such a tax. No additional fees, mitigations, conditions, exactions, dedications,
fees or otherwise, whether adopted through the exercise of police power, the taxing power
or any other authority, shall be imposed by CITY with respect to the construction, operation or
maintenance of the DIGITAL BILLBOARD except as provided for herein. Notwithstanding
anything to the contrary, no fee or permit shall be required for any change of copy in
connection with the DIGITAL BILLBOARD.
G. If any person or entity not a party to this AGREEMENT initiates any legal or
equitable action or proceeding to challenge the validity of any provision of this
AGREEMENT or the validity or implementation of the permits and approvals or of
the IS/MND, the Parties shall promptly notify the other Party of such claim and each
party shall cooperate with the efforts of CLEAR CHANNEL to defend such action or
proceeding. CLEAR CHANNEL agrees to pay all reasonable costs and expenses,
including reasonable legal costs and reasonable attorney’s fees incurred in connection
therewith. CITY will not voluntarily assist the opposing party in any such claim or
take any position adverse to CLEAR CHANNEL in connection with such claim. In
the event that any person or entity not a party to this AGREEMENT initiates any legal
or equitable action or proceeding to challenge the validity of any provision of this
AGREEMENT, during the pendency of such action, CLEAR CHANNEL shall have
the option to return any DIGITAL DISPLAY to a conventional non-digital display
and CITY shall not be entitled to claim any lost revenues or damages as a result of
such election by CLEAR CHANNEL.
SECTION 8. RELATIONSHIP OF PARTIES.
Under no circumstances shall this AGREEMENT be construed as one of agency, partnership,
joint venture or employment between CLEAR CHANNEL and the CITY. Each party
acknowledges and agrees that it neither has, nor will it give the appearance or impression of
having, any legal authority to bind or commit the other party in any way, notwithstanding that
this AGREEMENT is binding on and between the Parties.
SECTION 9. INSURANCE REQUIREMENTS.
A. General Liability Insurance. During the term of this AGREEMENT, CLEAR
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CHANNEL shall maintain in effect a policy of comprehensive general liability
insurance with a per-occurrence combined single limit of not less than ten million
dollars ($10,000,000.00) and a self-insured retention of not more than twenty-five
thousand dollars ($25,000.00) per claim. The general liability policy so maintained by
CLEAR CHANNEL shall include either a severability of interest clause or cross-
liability endorsement, and shall include the CITY and its elective and appointive
boards, commissions, officers, agents, employees and representatives as additional
insureds on the policy.
B. Workers’ Compensation Insurance. During the term of this Agreement, CLEAR
CHANNEL shall maintain Workers’ Compensation insurance for all of CLEAR
CHANNEL’s employees working on the TERMINAL PROJECT site. CLEAR
CHANNEL agrees to indemnify the CITY for any damage resulting from CLEAR
CHANNEL’s failure to maintain any such required insurance. In addition, CLEAR
CHANNEL shall require each contractor and subcontractor engaged by CLEAR
CHANNEL for work on the TERMINAL PROJECT site to provide Workers’
Compensation insurance for its respective employees working at the TERMINAL
PROJECT site.
C. Evidence of Insurance. Prior to City Council approval of this AGREEMENT, CLEAR
CHANNEL shall furnish the CITY satisfactory evidence of the insurance required in
Sections 8(a) and 8(b) and evidence that the carrier will endeavor to give the CITY at
least ten (10) days prior written notice of any cancellation or reduction in coverage of a
policy if the reduction results in coverage less than that required by this AGREEMENT.
Further, a certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the CITY and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the CITY shall be
called upon to contribute to a loss under the coverage with respect to the liabilities
assumed by CLEAR CHANNEL under this AGREEMENT:
1. During the term of this AGREEMENT, in the event of a reduction (below the
limits required in this AGREEMENT) or cancellation in coverage, CLEAR
CHANNEL shall, prior to such reduction or cancellation, provide at least ten
(10) days prior written notice to the CITY, regardless of any notification by the
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applicable insurer. If the CITY discovers that the policies have been cancelled or
reduced below the limits required in this Agreement and that neither the insurer
nor CLEAR CHANNEL has provided prior notice to the CITY as required
under this AGREEMENT, said failure shall constitute a material breach of this
AGREEMENT.
2. During the term of this AGREEMENT, in the event of a reduction (below the
limits required by this AGREEMENT) or cancellation in coverage, CLEAR
CHANNEL shall have five (5) days in which to provide evidence of the required
coverage being reinstated or replaced, during which time no persons shall enter
the PROPERTY to construct improvements thereon, including construction
activities related to the landscaping and common improvements.
3. If CLEAR CHANNEL fails to obtain reinstated or replacement coverage within
five (5) days as required under the preceding subparagraph, the CITY may
obtain, but is not required to obtain, substitute coverage and charge CLEAR
CHANNEL the cost of such coverage plus an administrative fee equal to ten
percent (10%) of the premium for said coverage.
SECTION 10. INDEMNIFICATION AND HOLD HARMLESS.
A. CLEAR CHANNEL agrees to indemnify, defend (with counsel reasonably approved by
the CITY) and hold harmless the CITY and its elected and appointed councils, boards,
commissions, officers, agents, employees and representatives (collectively, the “CITY
INDEMNITEES”) from any and all claims, costs (including reasonable legal fees and
costs) and liability for any personal injury, death or property damage (collectively,
“Claims”) which arise directly or indirectly as a result of any actions or inactions by
CLEAR CHANNEL, or any actions or inactions of CLEAR CHANNEL’s contractors,
subcontractors, agents or employees, in connection with the construction, improvement,
operation or maintenance of the TERMINAL PROJECT, provided that CLEAR
CHANNEL shall have no indemnification obligation with respect to any such Claims (i)
to the extent such Claims are solely attributable to the negligence or willful misconduct
of any CITY INDEMNITEES, or (ii) to the extent arising out of or in connection with
the maintenance, use or condition of any public improvement after the time it has been
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dedicated to and accepted by the CITY or another public entity (except as otherwise
provided in an improvement agreement or maintenance bond, if applicable).
B. The Parties’ obligations under this Section 9 shall survive the expiration or earlier
termination of this AGREEMENT and shall be independent of any other applicable
indemnity agreements.
SECTION 11. NOTICES.
Any communication or notice which either of the Parties is required to send to the other, or
which either of the Parties desires to send to the other, shall be in writing and shall be either:
personally delivered; mailed using the United States Postal Service, postage prepaid, return
receipt requested; delivered by a recognized overnight courier service; or sent by facsimile to
the office of the respective Parties as identified below:
TO THE CITY: City Manager, City Clerk and City Attorney
City of South San Francisco
400 Grand Avenue,
South San Francisco, CA 94080
TO CLEAR CHANNEL: CLEAR CHANNEL OUTDOOR, INC.
555 12th St., Suite 950
Oakland, CA 94607
Attn: Bob Schmitt
President/GM, Northern California
510-835-5900
With copies to:
CLEAR CHANNEL OUTDOOR, INC
2325 East Camelback Road, Suite 400
Phoenix, AZ 85016
Attn: General Counsel
Either of the Parties may change its address by sending notice of the new address to the
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other pursuant to this section.
SECTION 12. ENTIRE AGREEMENT.
This AGREEMENT and the DEVELOPMENT AGREEMENT, including exhibits,
represent the entire understanding of the Parties as to those matters contained herein.
No prior oral or written understanding shall be of any force or effect with respect to
those matters covered hereunder.
SECTION 13. MISCELLANEOUS PROVISIONS.
A. The parties agree that this AGREEMENT shall be governed and construed in
accordance with the laws of the State of California. In the event that suit shall
be brought by either party to this AGREEMENT, the parties agree that venue
shall be vested exclusively in San Mateo County Superior Court, or, where
otherwise appropriate, exclusively in the United States District Court, Northern
District of California.
B. The headings of the sections and subsections of this AGREEMENT are
inserted for convenience only. They do not constitute a part of this
AGREEMENT and shall not be used in its construction.
C. No provision of this AGREEMENT will be deemed waived by either Party
unless expressly waived in a writing signed by the waiving Party. No waiver
shall be implied by delay or any other act or omission of either Party. The
waiver by any party to this AGREEMENT of a breach or violation of any
provision of this AGREEMENT shall not be deemed a continuing waiver, a
waiver of any other term or condition contained herein, or a waiver of any
subsequent breach or violation of that or any other provision of this
AGREEMENT.
D. Any and all exhibits that are referred to in this AGREEMENT are incorporated
herein by reference and are deemed a part of this AGREEMENT.
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E. This AGREEMENT may be amended only by written agreement executed by
both Parties.
F. If a court of competent jurisdiction adjudges any provision of this
AGREEMENT as void or unenforceable, the remaining provisions shall not be
affected thereby and shall remain in full force and effect to the maximum
possible extent.
G. Where this AGREEMENT refers to the CITY and no officer of the CITY is
named, the City Manager of the CITY shall have the authority to act on behalf
of the CITY.
H. The provisions of this AGREEMENT shall be binding upon and inure to the
benefit of the successors and assigns of each Party.
I. This AGREEMENT may be executed in counterparts, each of which shall be
deemed an original but all of which shall constitute a single instrument.
J. In the event either Party is in default of any provision hereof, the non--
defaulting Party, as a condition precedent to the exercise of its remedies,
shall be required to give the defaulting Party written notice of the same
pursuant to this AGREEMENT.
Unless otherwise specified herein, the defaulting Party shall have fifteen (15)
business days from the receipt of such notice to cure the default, or, if the
default cannot be cured within fifteen (15) business days, to commence and
diligently pursue a cure. If the defaulting Party timely cures the default, then
the default shall be deemed waived and this AGREEMENT shall continue in
full force and effect.
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If CLEAR CHANNEL is in default of this AGREEMENT and/or is in default
of any payment provision under the DEVELOPMENT AGREEMENT with
respect to the TERMINAL PROJECT and does not timely cure such payment
default, the CITY shall be entitled to pursue all of its remedies available at law
or equity, including, but not limited to, termination of this AGREEMENT and
specific performance, and in the event the CITY elects to terminate this
AGREEMENT, CLEAR CHANNEL shall remove the above-ground portions
of the DIGITAL BILLBOARD as provided below.
In the event that either Party elects to terminate this AGREEMENT due to
default of the other Party, then CLEAR CHANNEL agrees that it shall remove
the above-ground portions of the DIGITAL BILLBOARD within ninety (90)
days from the date of termination.
K. Except as provided below, in no event shall the CITY or its elected or
appointed officials, directors, officers, members, partners, agents, employees
or representatives be liable in monetary damages for any breach or violation of
this AGREEMENT, it being expressly understood and agreed that in addition
to the right of termination (at the option of the non-defaulting Party), the sole
legal or equitable remedy available to CLEAR CHANNEL for a breach or
violation of this AGREEMENT shall be an action in mandamus, specific
performance, injunctive or declaratory relief to enforce the provisions of this
AGREEMENT and any and all other available legal and equitable remedies,
including, without limitation, the right to reconstruct the REMOVED
BILLBOARD at its existing or comparable location and the right to any
monetary damages suffered by CLEAR CHANNEL in connection with the
loss of the REMOVED BILLBOARD to the extent reconstruction is not
feasible.
L. Each of the Parties having participated in the drafting of this AGREEMENT,
any ambiguity or uncertainty herein shall not be construed against either of the
Parties.
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WITNESS THE EXECUTION HEREOF as of the date first hereinabove written.
CITY:
CITY OF SOUTH SAN FRANCISCO
By:______________________________
Mike Futrell, City Manager
ATTEST:
___________________________
Krista Martenelli, City Clerk
APPROVED AS TO FORM:
___________________________
Steven T. Mattas, City Attorney
CLEAR CHANNEL:
CLEAR CHANNEL OUTDOOR, LLC
By:_________________________________
Bryan Parker – EVP Real Estate/Operations
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17
9
18
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EXHIBIT B
DIGITAL BILLBOARD PROPERTY MAP AND DESCRIPTION OF
LOCATION
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18
2
18
3
18
4
18
5
18
6
Page 20 of 22
EXHIBIT C
DIGITAL BILLBOARD SITE
PLANS/SPECIFICATIONS
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Page 21 of 22
EXHIBIT D
DEVELOPMENT AGREEMENT
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EXHIBIT E
DESIGN OF DIGITAL BILLBOARD
2461827.1
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Entitlements Resolution - Exhibit F
Union Pacific Project Relocation Agreement Amendment
190
RELOCATION AGREEMENT AMENDMENT
This RELOCATION AGREEMENT AMENDMENT (“Agreement”) is made and
entered on the ____ day of _________, 2015, by and between the City of South San Francisco, a
municipal corporation (“City”) and Clear Channel Outdoor, Inc., a Delaware corporation,
successor-in-interest to Eller Media Company (“Clear Channel”) and is an agreement between
City and Clear Channel amending the Relocation Agreement (the “Relocation Agreement”)
dated October 30, 2000 by and among City, Clear Channel and Myers Peninsula Company,
L.L.C., a Delaware limited liability company (“Myers”).
RECITALS
WHEREAS, City, Clear Channel and Myers entered into the Relocation Agreement
consistent with California Business and Professions Code Sections 5412 and 5443.5 to facilitate
the acquisition by the City from Myers of the right of way required to widen Bayshore Boulevard
by the City, and pursuant to which Clear Channel agreed to remove four offsite billboard sign
structures located in the proposed right of way on property owned by Myers in consideration for
adding two sign faces to existing structures, including the structure located at the intersection of
Dubuque Avenue and Grand Avenue (APN 872-41-261) (the “Union Pacific Property”) as
identified and more fully described in attached Exhibit “A” hereto (the “Existing Billboard”);
and
WHEREAS, all of the obligations to be performed by or owed to Myers under the
Relocation Agreement have been satisfied and Myers is not a party in interest to the Union
Pacific Property or the Existing Billboard; and
WHEREAS, Clear Channel has requested the City’s consent to increase the height of the
Existing Billboard in accordance with California Business and Professions Code Section 5443,
and in furtherance of the intent of Sections 5412 and 5443.5, due to the erection of a structure
that obstructs the visibility of the north face of the Existing Billboard (the “Union Pacific
Project”); and
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WHEREAS, it is the intent of the parties in entering into this Agreement to amend the
Relocation Agreement to set forth terms and conditions applicable only to the Union Pacific
Project; and
WHEREAS, for valuable consideration more fully set forth in the Relocation Agreement,
as amended hereby, and in the development agreement attached as Exhibit “B” hereto (the
“Development Agreement”) related to the Union Pacific Project and Clear Channel’s Terminal
Project (as defined therein) City desires to consent to the Union Pacific Project and grant Clear
Channel the right to increase the height of the Existing Billboard as provided in this Agreement;
and
WHEREAS, the Union Pacific Project is contingent upon approvals from the California
Department of Transportation (“CalTrans”); and,
WHEREAS, on ____________ and _____________, 2015, after conducting a duly
noticed public hearing, the City Council of the City adopted a resolution approving this
Agreement and an ordinance approving the Development Agreement.
Agreement
NOW, THEREFORE, City and Clear Channel agree to amend the Relocation
Agreement as follows:
1. The foregoing Recitals are full incorporated herein and made a part of this Agreement.
2. City authorizes Clear Channel to modify and reconstruct the Existing Billboard in order
to increase the Existing Billboard height by twenty feet (20’) from its current height, the
specifications of which are set forth in Exhibit “C”, pursuant to the Union Pacific Project.
3. Upon the early termination of the Development Agreement due to default with respect to the
Existing Billboard, Clear Channel shall, at its sole cost and expense, immediately remove the
above-ground portion of the Existing Billboard and its supporting structures within ninety (90)
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days, unless Clear Channel and City have entered into a subsequent written agreement, upon
terms mutually acceptable to both Parties, that allows the Existing Billboard to remain.
4. In accordance with Section 14 of the Relocation Agreement, Clear Channel shall be entitled to
continue to own, operate and maintain the Existing Billboard as a conforming structure
notwithstanding the adoption of any City ordinance to the contrary.
5. To the extent required, City shall cooperate with Clear Channel in facilitating the issuance of all
approvals and permits to be issued by CalTrans or any other jurisdiction which are necessary for
the Union Pacific Project.
6. Except as modified by this Agreement, the Relocation Agreement shall continue in full
force and effect and as amended shall be binding upon and inure to the benefit of the
successors and assigns of each party.
7. This Agreement may be executed in counterparts, each of which shall be deemed an
original but all of which shall constitute a single instrument.
WITNESS THE EXECUTION HEREOF as of the date first hereinabove written.
CITY:
CITY OF SOUTH SAN FRANCISCO
By:______________________________
Mike Futrell, City Manager
ATTEST:
___________________________
Krista Martenelli, City Clerk
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APPROVED AS TO FORM:
___________________________
Steven T. Mattas, City Attorney
CLEAR CHANNEL:
CLEAR CHANNEL OUTDOOR, LLC
By: _________________________________
Bryan Parker – EVP Real Estate/Operations
194
EXHIBIT A
UNION PACIFIC PROPERTY MAP AND DESCRIPTION
195
EXHIBIT B
DEVELOPMENT AGREEMENT
196
EXHIBIT C
SITE PLANS/SPECIFICATIONS FOR
HEIGHT INCREASE AT EXISTING BILLBOARD
197
Attachment 4
Draft Ordinance adopting a Development Agreement
Exhibit A: Development Agreement
198
ORDINANCE NO. ________
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
AN ORDINANCE ADOPTING A DEVELOPMENT
AGREEMENT TO ALLOW FOR THE INSTALLATION OF A
70 FOOT TALL, DOUBLE FACED, DIGITAL BILLBOARD
ON PROPERTY LOCATED AT 101 TERMINAL COURT IN
EXCHANGE FOR REMOVAL OF ONE DOUBLE SIDED
BILLBOARD ALONG EL CAMINO REAL, AND TO ALLOW
AN EXISTING DOUBLE FACED, STATIC BILLBOARD ON
PROPERTY LOCATED AT THE INTERSECTION OF
DUBUQUE AVENUE AND GRAND AVENUE TO BE
INCREASED BY 20 FEET
WHEREAS, Clear Channel (“Applicant”) owns or has a legal equitable interest in a
property located at 101 Terminal Court (APN 015-113-160) (“Terminal Property”) and a
property located at the intersection of Dubuque Avenue and Grand Avenue (APN 872-41-261)
(“Union Pacific Property”); and,
WHEREAS, Applicant has submitted a development proposal to construct, operate and
maintain an off-premise digital message center display (“Digital Billboard”) at the Terminal
Property (“Terminal Project”), and to increase the height of an existing static billboard (“Existing
Billboard”) by twenty (20) feet at the Union Pacific Property (“Union Pacific Project”); and,
WHEREAS, the Terminal Project and Union Pacific Project may be collectively referred
to herein as (“Project”); and,
WHEREAS, Applicant seeks approval of an Area Plan Amendment, a Zoning Text
Amendment, Relocation Agreement, Amendment to an existing Relocation Agreement, Sign
Permit, and Design Review; and,
WHEREAS, as part of its application, the Applicant has sought approval of a
Development Agreement, which would clarify and obligate several project features and
mitigation measures, including payment of existing fees (such as customary permit fees), and
certain future fees (including any applicable gross receipts business license tax in the event the
City enacts such a tax); and
WHEREAS, approval of the Applicant’s proposal is considered a “project” for purposes
of the California Environmental Quality Act, Pub. Resources Code, §§ 21000, et seq. (“CEQA”);
and,
WHEREAS, by separate Resolution, the City Council reviewed and carefully considered
the information in the Initial Study/Mitigated Negative Declaration (“IS/MND”), and adopts the
IS/MND as an objective and accurate document that reflects the independent judgment and
analysis of the City in the discussion of the Project’s environmental impacts; and,
WHEREAS, WHEREAS, on May 7, 2015 the Planning Commission for the City of
South San Francisco held a lawfully noticed public hearing to solicit public comment and
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consider the Initial Study/Mitigated Negative Declaration (“IS/MND”) and the proposed
entitlements, take public testimony, at the conclusion of which, the Planning Commission
recommended that the City Council adopt the IS/MND and approve the project, including the
Development Agreement; and,
WHEREAS, the City Council held a duly noticed public hearing on July 8, 2015 which
was continued to August 26, 2015 to consider the Project entitlements and Development
Agreement, and take public testimony.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ordain as follows:
SECTION 1. Findings.
That based on the entirety of the record before it, which includes without limitation, the
California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the
CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco
General Plan and General Plan EIR; the South San Francisco Municipal Code; the Project
applications; the Terminal Project Plans, as prepared by Vincent Kevin Kelly & Assoc., Inc.,
dated March 4, 2015; the Union Pacific Project Plans, as prepared by Vincent Kevin Kelly &
Assoc., Inc., dated June 23, 2015; the Clear Channel Billboard Project and Related Zoning
Amendment Initial Study/Mitigated Negative Declaration, including all appendices thereto; all
site plans, and all reports, minutes, and public testimony submitted as part of the Planning
Commission’s duly noticed May 7, 2015 meeting, and Planning Commission deliberations; all
site plans, and all reports, minutes, and public testimony submitted as part of the City Council’s
duly noticed July 8, 2015 meeting which was continued to August 26, 2015, and City Council
deliberations; and any other evidence (within the meaning of Public Resources Code §21080(e)
and §21082.2), the City Council of the City of South San Francisco hereby finds as follows:
A. The foregoing Recitals are true and correct and made a part of this Ordinance.
B. The proposed Development Agreement (attached as Exhibit A), is incorporated
by reference and made a part of this Ordinance, as if set forth fully herein.
C. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra.
D. The Owner and City have negotiated a Development Agreement pursuant to
Government Code section 65864 et seq. The Development Agreement, attached hereto as
Exhibit F, sets for the duration, property, project criteria, and other required information
identified in Government Code section 65865.2. Based on the findings in support of the Project,
the City Council finds that the Development Agreement, vesting a project for a new digital
billboard and a renovation to an existing static billboard, is consistent with the objectives,
policies, general land uses and programs specified in the South San Francisco General Plan, the
East of 101 Area Plan as proposed for amendment, and any applicable zoning regulations.
E. The City Council has independently reviewed the proposed Development
Agreement, the General Plan, the South San Francisco Municipal Code, and applicable state and
federal law, including Government Code section 65864, et seq., and has determined that the
proposed Development Agreement complies with all applicable zoning, subdivision, and
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building regulations and with the General Plan. The development contemplated in the Project
and Development Agreement is consistent with the Zoning and Specific Plan standards, as
proposed for amendment. This finding is based upon all evidence in the Record as a whole,
including, but not limited to: the City Council’s independent review of these documents, oral and
written evidence submitted at the public hearings on the Project, including advice and
recommendations from City staff.
F. The proposed Development Agreement for the Project states its specific duration.
This finding is based upon all evidence in the Record as a whole, including, but not limited to:
the City Council’s independent review of the proposed Development Agreement and its
determination that Section 2 of the Development Agreement states that the Development
Agreement shall expire thirty (30) years from the effective date of this Ordinance.
G. The proposed Development Agreement incorporates the permitted uses, density
and intensity of use for the property subject thereto, as reflected in the proposed Project (P12-
0021), Area Plan Amendments (GPA15-0002), Zoning Text Amendment (ZA12-0001), Design
Review (DR12-0008), Sign Permit (SIGNS12-0013) Development Agreement (DA15-0001),
Terminal Project Relocation Agreement and Union Pacific Project Relocation Agreement
Amendment. This finding is based upon all evidence in the Record as a whole, including, but not
limited to, the City Council’s independent review of the proposed Development Agreement and
its determination that the Development Agreement sets forth the Project approvals, development
standards, and the documents constituting the Project.
H. The proposed Development Agreement states the maximum permitted height and
size of proposed sign structures on the property subject thereto. This finding is based upon all
evidence in the Record as a whole, including, but not limited to, the City Council’s independent
review of the proposed Development Agreement and its determination that the Development
Agreement sets forth the documents which state the maximum permitted height and size of sign
structures.
I. The proposed Development Agreement states specific provisions for reservation
or dedication of land for public purposes. This finding is based on all evidence in the Record as a
whole, including, but not limited to the City Council’s independent review of the Development
Agreement.
SECTION 2. Approval of Development Agreement.
A. The City Council of the City of South San Francisco hereby approves the
Development Agreement with Clear Channel attached hereto as Exhibit A and incorporated
herein by reference.
B. The City Council further authorizes the City Manager to execute the Development
Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make
revisions to such Agreement, subject to the approval of the City Attorney, which do not
materially or substantially increase the City’s obligations thereunder.
SECTION 3. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
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thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 4. Publication and Effective Date.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and
after its adoption.
* * * * * *
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the
26th day of August, 2015.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City
Council held the _____ day of _________, 2015, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this
_____ day of ____________, 2015.
Mayor
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Exhibit A
Development Agreement
2134171.1
203
Recording Requested By:
CITY OF SOUTH SAN FRANCISCO
When Recorded Mail To:
CITY OF SOUTH SAN FRANCISCO
400 Grand Avenue
South San Francisco, CA 94083
Attn: City Clerk
Mail Tax Statements To:
Clear Channel Outdoor, Inc.
2325 East Camelback Road, Suite 400
Phoenix, AZ 85016
Attn: General Counsel
(Space above this line for Recorder’s use)
This instrument is exempt from recording fees pursuant to Government Code Sec. 27383.
Documentary Transfer Tax is $ 0.00 (exempt per Rev. & Taxation Code Sec. 11922, Transfer to
Municipality).
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO
AND
CLEAR CHANNEL OUTDOOR, INC.
FOR
CLEAR CHANNEL DIGITAL BILLBOARD
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT is dated as of _______________, 2015
(“Agreement”) and is entered into between: (i) CLEAR CHANNEL OUTDOOR, INC., a
Delaware corporation (“Clear Channel”) and (ii) the CITY OF SOUTH SAN FRANCISCO, a
municipal corporation organized and existing under the laws of the State of California (the
“City”). Clear Channel and the City are sometimes collectively referred to herein as “Parties.”
R E C I T A L S
A. WHEREAS, California Government Code (“Government Code”) Sections 65864
through 65869.5 authorize the City to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of such
property or on behalf of those persons having same; and,
B. WHEREAS, pursuant to Government Code Section 65865, the City has adopted rules and
regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code
(“Municipal Code”), establishing procedures and requirements for adoption and
execution of development agreements; and,
C. WHEREAS, this Agreement concerns two properties: (1) a property located at 101
Terminal Court (APN 015-113-160) (“Terminal Property”) as identified and more fully
described in attached Exhibit A; and (2) a property located at the intersection of Dubuque
Avenue and Grand Avenue (APN 872-41-261) (“Union Pacific Property”) as identified
and more fully described in attached Exhibit B, such properties may be collectively
referred to herein as (“Properties”); and,
D. WHEREAS, Clear Channel has a legal or equitable interest in the Terminal Property and
has a legal or equitable interest in the Union Pacific Property; and,
E. WHEREAS, Clear Channel has submitted a development proposal to the City, including
requests for various amendments to the City’s Zoning Code (the “Zoning Code
Amendment”) that would permit Clear Channel to construct, operate and maintain an
off-premise digital message center display (“Digital Billboard”), the specifications of
which are set forth in Exhibit C, at the Terminal Property (“Terminal Project”); and,
F. WHEREAS, the development proposal to the City also includes a request for
amendments to the City’s General Plan (the “General Plan Amendment”), that would
permit Clear Channel to increase the height of the existing static billboard (“Existing
Billboard”) by twenty (20) feet, the specifications of which are set forth in Exhibit D, at
the Union Pacific Property (“Union Pacific Project”); and,
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G. WHEREAS, the project located at the Terminal Property and the project located at the
Union Pacific Property may be collectively referred to herein as the “Projects” or the
“Billboard Project”; and,
H. WHEREAS, Clear Channel will enter a separate relocation agreement with the City
(“Relocation Agreement”) for the removal/relocation of an existing billboard, which is
identified in Exhibit E; and,
I. WHEREAS, The City and Clear Channel agree and acknowledge that the outdoor
advertising sign relocation contemplated by the Terminal Project complies with, and
serves the purposes enumerated in, Business & Professions Code sections 5200 et seq.
(the “California Outdoor Advertising Act”), including, but not limited to, Sections 5412
and 5443.5 thereof; and,
J. WHEREAS, the Terminal Project is contingent upon approvals from the California
Department of Transportation (“CalTrans”); and,
K. WHEREAS, Clear Channel will enter into an amendment to its existing relocation
agreement with the City regarding the Union Pacific Property in accordance with Section
5443 of the Outdoor Advertising Act; (the “Amendment”); and,
L. WHEREAS, the Union Pacific Project is contingent upon approvals from the California
Department of Transportation (“CalTrans”); and,
M. WHEREAS, Clear Channel and the City seek to enter into this Agreement to set forth the
rights and obligations of the Parties relating to the development of the Properties; and,
N. WHEREAS, all proceedings necessary for the valid adoption and execution of this
Agreement have taken place in accordance with Government Code Sections 65864
through 65869.5, the California Environmental Quality Act (“CEQA”), and Chapter
19.60 of the Municipal Code; and,
O. WHEREAS, the City Council and the Planning Commission have found that this
Agreement is consistent with the objectives, policies, general land uses and programs
specified in the South San Francisco General Plan as adopted on October 13, 1999 and as
amended from time-to-time; and,
P. WHEREAS, on _______________, 2015, the City Council adopted Ordinance No.
_______________ approving and adopting this Agreement and the Ordinance thereafter
took effect on _______________, 2015.
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A G R E E M E N T
NOW, THEREFORE, the Parties, pursuant to the authority contained in Government
Code Sections 65864 through 65869.5 and Chapter 19.60 of the Municipal Code and in
consideration of the mutual covenants and agreements contained herein, agree as follows:
1. Effective Date
Pursuant to Section 19.60.140 of the Municipal Code, notwithstanding the fact that the
City Council adopts an ordinance approving this Agreement, this Agreement shall be
effective and shall only create obligations for the Parties from and after the date that the
ordinance approving this Agreement takes effect (the “Effective Date”).
2. Duration
This Agreement shall be in effect for an initial term, commencing on the Effective Date
and ending on the date which is thirty (30) years after the Commencement Date (as
hereinafter defined). The “Commencement Date” is the first day of the month following
the date on which all of the following have occurred: (a) this Agreement is fully
executed and effective; (b) the Relocation Agreement is fully executed and effective;
(c) the Amendment is effective; (d) the Zoning Ordinance Amendment is effective; (e)
the General Plan Amendment is effective ; (f) Clear Channel has obtained all local and
state governmental permits and approvals and any other required permits and approvals
for both Projects, including but not limited to the Terminal Project Approvals as
defined in Section 3(a) below, and the Union Pacific Project Approvals, as defined in
Section 4(a) below (collectively, “Permits”); and (g) the Digital Billboard is fully
operational with a permanent power supply. This Agreement may be terminated by
Clear Channel with respect to either the Terminal Project or the Union Pacific Project,
individually if the following occurs: (1) Clear Channel loses its legal or equitable interest
in the respective Property, (2) Clear Channel is unable to obtain or maintain any required
Permit for the respective Project, (3) a legal challenge, or (4) a significant obstruction of
a display occurs due to a circumstance beyond Clear Channel’s control. In the event of
such termination with respect to either Project, this Agreement shall continue in full force
and effect with respect to the other Project. In the event of the occurrence of any of the
forgoing events prior to the Commencement Date, Clear Channel may terminate this
Agreement with respect to the affected Project, and the Commencement Date shall be the
date all of the requirements with respect to the unaffected Project have been satisfied.
3. Project Description for Terminal Project; Development Standards for Terminal Project
The Terminal Project shall consist of the construction, operation and maintenance of the
Digital Billboard the specifications of which are set forth in Exhibit C, and shall be
located at Terminal Property.
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(a) The permitted use, the maximum height, location, and total area of the Digital
Billboard, and all environmental impact mitigation measures imposed as approval
conditions for the Project shall be exclusively those provided in Sign Permit No.
SIGNS12-0013, Design Review No. DR12-0008, Zoning Amendment No. ZA12-
0001, General Plan Amendment No. GPA15-0002 and Negative Declaration No.
ND12-0002 all as set forth in Exhibit G to this Agreement, and the applicable
ordinances in effect as of the Effective Date (including, but not limited to, the
applicable provisions of the Municipal Code in effect as of the Effective Date),
except as modified in this Agreement (hereafter “Terminal Project Approvals”).
(b) Subject to Clear Channel’s fulfillment of its obligations under this Agreement and
the Relocation Agreement being effective, upon the Effective Date of this
Agreement, the City hereby grants to Clear Channel a vested right to develop and
construct on the Terminal Property all the improvements for the Terminal Project
authorized by, and in accordance with the Terminal Project Approvals and the
terms of this Agreement.
(c) Except as authorized by this Agreement, upon such grant of right, no future
amendments to the City’s General Plan, the City Zoning Code, the Municipal
Code, or other City ordinances, policies or regulations in effect as of the Effective
Date shall apply to the Terminal Project, except such existing ordinances, policies
or regulations and such future modifications (if any) that are not in conflict with
and do not prevent or materially inhibit the development or operation of the
Terminal Project; provided, however, that nothing in this Agreement shall prevent
or preclude the City from adopting any land use regulations or amendments
expressly permitted herein or otherwise required by State or Federal Law.
(d) In developing the Terminal Project, Clear Channel shall implement the mitigation
measures set forth in the Mitigation Monitoring and Reporting Program (the
“MMRP”) attached hereto as part of Exhibit F and incorporated herein by this
reference, which MMRP was approved concurrently with the approval of this
Agreement for the Project.
4. Project Description for Union Pacific Project; Development Standards for Union Pacific
Project
The Union Pacific Project shall consist of increasing the Existing Billboard height by
twenty feet (20’), the specifications of which are set forth in Exhibit D, at the Union
Pacific Property. The height increase is necessary to create clear visibility of the north
face of the Existing Billboard.
(a) The permitted use, the maximum height, and all environmental impact mitigation
measures imposed as approval conditions for the Union Pacific Project shall be
exclusively those provided in Sign Permit No. SIGNS12-0013, Design Review
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No. DR12-0008, Zoning Amendment No. ZA12-0001, General Plan Amendment
No. GPA15-0002 and Categorical Exemption No. ND12-0002 all as set forth in
Exhibit G to this Agreement, and the applicable ordinances in effect as of the
Effective Date (including, but not limited to, the applicable provisions of the
Municipal Code in effect as of the Effective Date), except as modified in this
Agreement (hereafter “Union Pacific Project Approvals”).
(b) Subject to Clear Channel’s fulfillment of its obligations under this Agreement the
Relocation Agreement being effective, upon the Effective Date of this Agreement,
the City hereby grants to Clear Channel a vested right to increase the height of the
Existing Billboard at the Union Pacific Property and complete all the
improvements for the Union Pacific Project authorized by, and in accordance with
the Union Pacific Project Approvals and the terms of this Agreement.
(c) Except as authorized by this Agreement, upon such grant of right, no future
amendments to the City General Plan, the City Zoning Code, the Municipal Code,
or other City ordinances, policies or regulations in effect as of the Effective Date
shall apply to the Union Pacific Project, except such existing ordinances, policies
or regulations and future modifications (if any) that are not in conflict with and do
not prevent or materially inhibit the development or operation of the Union
Pacific Project; provided, however, that nothing in this Agreement shall prevent
or preclude the City from adopting any land use regulations or amendments
expressly permitted herein or otherwise required by State or Federal Law.
5 Building Permits for Projects
City staff review of applications for building permits shall be limited to determining
whether the following conditions are met:
(a) Clear Channel has complied with the conditions of the City Council’s approval of
the Terminal Project and the Union Pacific Project, all applicable portions of this
Agreement, the Relocation Agreement, the Amendment, the respective Caltrans
approvals, all applicable Uniform Codes, the Municipal Code, CEQA
requirements (including any required mitigation measures as set forth in the
IS/MND or MMRP, as modified and/or clarified pursuant to this Agreement
where applicable) applicable to the issuance of such permits, and any other
applicable Federal and State Laws; and,
(b) All applicable processing, administrative and legal fees have been paid subject to
the provisions of this Agreement; and,
(c) Clear Channel has demonstrated through proper documentation that it has proper
and sufficient legal and/or equitable interests in the Properties to effectuate the
Projects in accordance with the terms of this Agreement.
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6 Vesting of Approvals
Except as provided in this Agreement, upon the City’s approval of the Projects, including
(without limitation) its approval of both the Terminal Project Approvals and the Union
Pacific Project Approvals and this Agreement, such approvals and the land use
entitlements conferred by such approvals shall vest in Clear Channel and its successors
and assigns for the term of this Agreement, provided that any such successors and assigns
comply with the terms and conditions of this Agreement.
7. Cooperation between Parties in Implementation of This Agreement
It is the Parties’ express intent to cooperate with one another and diligently work to
implement all land use and building approvals for development of the Projects in
accordance with the terms of this Agreement. Accordingly, Clear Channel and the City
shall proceed in a reasonable and timely manner, in compliance with the deadlines
mandated by applicable agreements, statutes or ordinances, to complete all steps
necessary for implementation of this Agreement and development of the Projects in
accordance with the terms of this Agreement. The City shall proceed, and shall cause its
planners, engineers and other consultants to proceed, in an expeditious manner to
complete all City actions required for the approval and development of the Projects,
including, but not limited to, the following:
(a) Scheduling all required public hearings by the City Council and City Planning
Commission; and
(b) Processing and checking all maps, plans, permits, building plans and
specifications and other plans relating to development and/or improvement of the
Properties filed by Clear Channel or its nominee, successor or assign as necessary
for development of the Projects; and
(c) Inspecting and providing acceptance of or comments on all work by Clear
Channel that requires acceptance or approval by the City.
Clear Channel shall provide or submit, and shall cause its planners, engineers and other
consultants to provide or submit, to the City in a timely manner all documents,
applications, plans and other information necessary for the City to carry out its
obligations hereunder. Clear Channel shall make a deposit as determined by the City and
shall pay all of the City’s staff, legal and consultants costs incurred in implementing this
section.
8. Fees and Taxes
(a) Clear Channel shall pay customary permit fees and any applicable gross receipts
business license tax, in the event the City enacts such a tax. No additional fees,
mitigations, conditions, exactions, dedications, fees or otherwise, whether adopted
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through the exercise of police power, the taxing power or any other authority,
shall be imposed by the City with respect to the construction, operation or
maintenance of the Digital Billboard or the height increase at the Existing
Billboard except as provided for herein. Notwithstanding anything to the contrary,
no fee or permit shall be required for any change of copy in connection with the
Digital Billboard.
(b) For and in consideration of the mutual rights and responsibilities provided in this
Agreement, as long as Clear Channel operates such Digital Billboard faces, Clear
Channel agrees to pay the City the annual amount of forty thousand dollars
($40,000) per Digital Billboard face per year (“Terminal Annual Payment”),
payable on the first day of the month following the Commencement Date and on
the anniversary of such date each succeeding year. At the conclusion of the first
five (5) years of the Terminal Annual Payment, the Terminal Annual Payment
will increase by 12.5% and will continue to increase by 12.5% every five (5)
years until the expiration of this Agreement. If the City ever adopts a gross
receipts tax, Clear Channel’s annual payment of such gross receipts tax shall be
deducted from this Terminal Annual Payment obligation. In the event Clear
Channel’s annual payment of the City’s gross receipts tax is less than Terminal
Annual Payment, Clear Channel shall pay the remainder to the City, resulting in
an annual payment to the City of not less than the Terminal Annual Payment for
the Digital Billboard as illustrated below:
If the Terminal Annual Payment equals $80,000 and the gross receipts tax
obligation equals $20,000, Clear Channel will pay the City $20,000 for the gross
receipts tax obligation and $60,000 for the Terminal Annual Payment obligation
for a total payment of $80,000.
In the event Clear Channel ceases to operate a Digital Billboard face due to (1)
the loss of Clear Channel’s legal or equitable interest in the Terminal Property, (2)
the failure to obtain or maintain any required Permit for the Digital Billboard or
the Terminal Project, (3) a legal challenge or (4) a significant obstruction of
Digital Billboard face occurs which is beyond Clear Channel’s control, the
Terminal Annual Payment for such face shall cease and no further amounts shall
be due or payable by Clear Channel to the City with respect to such face after
such date under this Section 8(b). In the event Clear Channel elects in its sole
discretion under the Relocation Agreement to to replace a Digital Face on the
Digital Billboard with a static billboard face beyond those four reasons
enumerated above, Clear Channel’s obligation to pay the full Terminal Annual
Payment ($80,000 per year) shall continue.
(c) For and in consideration of the mutual rights and responsibilities provided in this
Agreement , as long as Clear Channel continues to operate the Existing Billboard,
Clear Channel agrees to pay the City the annual amount of sixty thousand dollars
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($60,000.00) per year (“Union Pacific Annual Payment”), payable on the first day
of the month following completion of reconstruction of the Existing Billboard
and final inspection approval by the City of the reconstructed Existing Billboard
and on the anniversary of such date each succeeding year. At the conclusion of
the first five (5) years of the Union Pacific Annual Payment, the Union Pacific
Annual Payment will increase by 12.5% and will continue to increase by 12.5%
every five (5) years until the expiration of this Agreement. If the City ever adopts
a gross receipts tax, Clear Channel’s annual payment of such gross receipts tax
shall be deducted from this Union Pacific Annual Payment obligation. In the
event Clear Channel’s annual payment of the City’s gross receipts tax is less than
the Union Pacific Annual Payment, Clear Channel shall pay the remainder to the
City, resulting in an annual payment to the City of not less than the Union Pacific
Annual Payment for the Existing Billboard as illustrated below:
If the Union Pacific Annual Payment is $60,000 and the gross receipts tax
obligation is $10,000, Clear Channel will pay the City $10,000 for the gross
receipts tax obligation and $50,000 for the Union Pacific Annual Payment
obligation for a total payment of $60,000.
In the event Clear Channel ceases to operate the Existing Billboard due to (1) the
loss of Clear Channel’s legal or equitable interest in the Union Pacific Property,
(2) the failure to obtain or maintain any required Permit for the Existing Billboard
or the Union Pacific Project, (3) a legal challenge or (4) a significant obstruction
of the Union Pacific Project occurs which is beyond Clear Channel’s control,
following removal or restoration of the Existing Billboard to its prior condition.
the Union Pacific Annual Payment shall cease and no further amounts shall be
due or payable by Clear Channel to the City with respect to such Existing
Billboard after such date under this Section 8(c).
(d) For and in consideration of the mutual rights and responsibilities provided in this
Agreement, Clear Channel agrees to reimburse the City up to two hundred and
eighty thousand dollars ($280,000) for the actual costs incurred by the City with
respect to design and construction of: 1) City gateway sign(s) as set forth in the
City’s Gateway Master Plan attached as Exhibit H hereto; and/or 2) a City
community events message sign on City property. Clear Channel shall reimburse
the City up to the foregoing amount upon receipt of a written invoice from the
City after installation of the City gateway sign(s), and after the Commencement
Date.
9. Additional Conditions
(a) Community Service Messages. Clear Channel will provide the City with free
display time on the Digital Billboard for advertising the City, City-sponsored
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events, or other public service announcements as more fully described in the
Relocation Agreement.
(b) City Branding. The architecture of the Digital Billboard will be constructed
substantially in conformance with the design depicted in attached Exhibit C.
(c) City Sign Regulations. Both the Digital Billboard and Existing Billboard will be
consistent with City ordinances and regulations governing outdoor signs in all
respects, except in relation to the exceptions articulated in this Agreement.
10. Indemnity
(a) Clear Channel agrees to indemnify, defend (with counsel reasonably approved by
the City) and hold harmless the City and its elected and appointed councils,
boards, commissions, officers, agents, employees and representatives
(collectively, the “City Indemnitees”) from any and all claims, costs (including
reasonable legal fees and costs) and liability for any personal injury, death or
property damage (collectively, “Claims”) which arise directly or indirectly as a
result of any actions or inactions by Clear Channel, or any actions or inactions of
Clear Channel’s contractors, subcontractors, agents or employees, in connection
with the construction, improvement, operation or maintenance of the Projects,
provided that Clear Channel shall have no indemnification obligation with respect
to any such Claims (i) to the extent such Claims are solely attributable to the gross
negligence or willful misconduct of any City Indemnitee, or (ii) to the extent
arising out of or in connection with the maintenance, use or condition of any
public improvement after the time it has been dedicated to and accepted by the
City or another public entity (except as otherwise provided in an improvement
agreement or maintenance bond, if applicable).
(b) The Parties’ obligations under this Section 10 shall survive the expiration or
earlier termination of this Agreement and shall be independent of any other
applicable indemnity agreements.
11. Assignment
(a) Right to Assign. Clear Channel may at any time or from time to time transfer its
right, title or interest in or to all or any portion of the Properties. In accordance
with Government Code Section 65868.5, with respect to either the Terminal
Property or the Union Pacific Property, the burdens of this Agreement shall be
binding upon, and the benefits of this Agreement shall inure to, all successors in
interest to Clear Channel as owners of all or any portion of Clear Channel’s
interest in the respective Property. As a condition precedent to any such transfer,
Clear Channel shall require the transferee to acknowledge in writing that
transferee has been informed, understands and agrees that the burdens and
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benefits under this Agreement relating to such transferred property shall be
binding upon and inure to the benefit of the transferee.
(b) Notice of Assignment or Transfer. No transfer, sale or assignment of Clear
Channel’s rights, interests and obligations under this Agreement with respect to
either the Terminal Property or the Union Pacific Property shall occur without
prior written notice to the City and approval by the City Manager, which approval
shall not be unreasonably withheld, conditioned or delayed. The City Manager
shall consider and decide the matter within ten (10) days after receipt of Clear
Channel’s notice, provided all reasonably necessary documents, certifications and
other information are provided to the City Manager.
(c) Exception for Notice. Notwithstanding Section 10(b), Clear Channel may at any
time, upon notice to the City but without the necessity of any approval by the
City, transfer the Properties or any part thereof and all or any part of Clear
Channel’s rights, interests and obligations under this Agreement to: (i) any
subsidiary, affiliate, parent or other entity which controls, is controlled by or is
under common control with Clear Channel, (ii) any member or partner of Clear
Channel or any subsidiary, parent or affiliate of any such member or partner, or
(iii) any successor or successors to Clear Channel by merger, acquisition,
consolidation, non-bankruptcy reorganization or government action. As used in
this subsection, “control” shall mean the possession, directly or indirectly, of the
power to direct or cause the direction of management or policies, whether through
the ownership of voting securities, partnership interest, contracts (other than those
that transfer Clear Channel’s interest in the Property to a third party not
specifically identified in this subsection) or otherwise.
(d) Release upon Transfer. Upon the transfer, sale or assignment of all of Clear
Channel’s rights, interests and obligations under this Agreement pursuant to
Section 10(a), Section 10(b) and/or Section 10(c) of this Agreement (as
applicable), Clear Channel shall be released from all obligations under this
Agreement, with respect to the Properties transferred, sold or assigned, to the
extent such obligations arise subsequent to the date of the City Manager’s
approval of such transfer, sale or assignment or the effective date of such transfer,
sale or assignment, whichever occurs later; provided, however, that if any
transferee, purchaser or assignee approved by the City Manager expressly
assumes any right, interest or obligation of Clear Channel under this Agreement,
Clear Channel shall be released with respect to such rights, interests and assumed
obligations. In any event, the transferee, purchaser or assignee shall be subject to
all the provisions hereof and shall provide all necessary documents, certifications
and other reasonably necessary information prior to City Manager approval.
(e) Clear Channel’s Right to Retain Specified Rights or Obligations.
Notwithstanding Section 10(a), Section 10(c) and Section 10(d), Clear Channel
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may withhold from a sale, transfer or assignment of this Agreement certain rights,
interests and/or obligations which Clear Channel shall retain, provided that Clear
Channel specifies such rights, interests and/or obligations in a written document
to be appended to or maintained with this Agreement and recorded with the San
Mateo County Recorder prior to or concurrently with the sale, transfer or
assignment of one or both of the Properties. Clear Channel’s purchaser,
transferee or assignee shall then have no interest in or obligations for such
retained rights, interests and obligations and this Agreement shall remain
applicable to Clear Channel with respect to such retained rights, interests and/or
obligations.
(f) Time for Notice. Within ten (10) days of the date escrow closes on any such
transfer, Clear Channel shall notify the City in writing of the name and address of
the transferee. Said notice shall include a statement as to the obligations,
including any mitigation measures, fees, improvements or other conditions of
approval, assumed by the transferee. Any transfer which does not comply with
the notice requirements of this Section 10(f) and of Section 10(b) shall not release
Clear Channel from its obligations to the City under this Agreement until such
time as the City is provided notice in accordance with Section 10(b).
12. Insurance
(a) General Liability Insurance. During the term of this Agreement, Clear Channel
shall maintain in effect a policy of comprehensive general liability insurance with
a per-occurrence combined single limit of not less than ten million dollars
($10,000,000.00) and a self-insured retention of not more than twenty-five
thousand dollars ($25,000.00) per claim. The general liability policy so
maintained by Clear Channel shall include either a severability of interest clause
or cross-liability endorsement, and shall include the City and its elective and
appointive boards, commissions, officers, agents, employees and representatives
as additional insureds on the policy.
(b) Workers’ Compensation Insurance. During the term of this Agreement, Clear
Channel shall maintain Workers’ Compensation insurance for all of Clear
Channel’s employees working at the Terminal Project and Union Pacific Project
sites as long as Clear Channel continues to operate the Digital Billboard or the
Existing Billboard, as applicable. Clear Channel agrees to indemnify the City for
any damage resulting from Clear Channel’s failure to maintain any such required
insurance. In addition, Clear Channel shall require each contractor and
subcontractor engaged by Clear Channel for work at the Terminal Project and
Union Pacific sites to provide Workers’ Compensation insurance for its respective
employees working at the Project site.
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(c) Evidence of Insurance. Prior to City Council approval of this Agreement, Clear
Channel shall furnish the City satisfactory evidence of the insurance required in
Sections 11(a) and 11(b) and evidence that the carrier will endeavor to give the
City at least ten (10) days prior written notice of any cancellation or reduction in
coverage of a policy if the reduction results in coverage less than that required by
this Agreement. Further, a certified endorsement must be attached to all policies
stating that coverage is primary insurance with respect to the City and its officers,
officials, employees and volunteers, and that no insurance or self-insurance
maintained by the City shall be called upon to contribute to a loss under the
coverage with respect to the liabilities assumed by Clear Channel under this
Agreement.
1. During the term of this Agreement, in the event of a reduction (below the
limits required in this Agreement) or cancellation in coverage, Clear
Channel shall, prior to such reduction or cancellation, provide at least ten
(10) days prior written notice to the City, regardless of any notification by
the applicable insurer. If the City discovers that the policies have been
cancelled or reduced below the limits required in this Agreement and that
neither the insurer nor Clear Channel has provided prior notice to the City
as required under this Agreement, said failure shall constitute a material
breach of this Agreement.
2. During the term of this Agreement, in the event of a reduction (below the
limits required by this Agreement) or cancellation in coverage, Clear
Channel shall have five (5) days in which to provide evidence of the
required coverage being reinstated or replaced, during which time no
persons shall enter the Properties to construct improvements thereon,
including construction activities related to the landscaping and common
improvements.
3. If Clear Channel fails to obtain reinstated or replacement coverage within
five (5) days as required under the preceding subparagraph, the City may
obtain, but is not required to obtain, substitute coverage and charge Clear
Channel the cost of such coverage plus an administrative fee equal to ten
percent (10%) of the premium for said coverage.
12. Covenants Run with the Land
The terms of this Agreement are legislative in nature, and apply to Clear Channel’s
interest in the Properties as regulatory ordinances. During the term of this Agreement, all
of the provisions, agreements, rights, powers, standards, terms, covenants and obligations
contained in this Agreement shall run with the land and shall be binding upon the Parties
and their respective heirs, successors (by merger, consolidation or otherwise) and assigns,
devisees, administrators, representatives, lessees and all other persons or entities
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acquiring Clear Channel’s interest in the Properties, any lot, parcel or any portion thereof,
and any interest therein, whether by sale, operation of law or other manner, and they shall
inure to the benefit of the Parties and their respective successors.
13. Conflict with State or Federal Law
In the event that State or Federal laws or regulations enacted after the Effective Date
prevent or preclude compliance with one or more provisions of this Agreement, such
provisions of this Agreement shall be modified (in accordance with Section 14 set forth
below) or suspended as may be necessary to comply with such State or Federal laws or
regulations. Notwithstanding the foregoing, Clear Channel shall have the right to
challenge, at its sole cost, in a court of competent jurisdiction, the law or regulation
preventing compliance with the terms of this Agreement and, if the challenge in a court
of competent jurisdiction is successful, this Agreement shall remain unmodified and in
full force and effect.
14. Procedure for Modification Because of Conflict with State or Federal Laws
In the event that State or Federal laws or regulations enacted after the Effective Date
prevent or preclude compliance with one or more provisions of this Agreement or require
changes in plans, maps or permits approved by the City, the Parties shall meet and confer
in good faith in a reasonable attempt to modify this Agreement to comply with such State
or Federal law or regulation. Any such amendment or suspension of this Agreement shall
be approved by the City Council in accordance with Chapter 19.60 of the Municipal
Code.
15. Periodic Review
(a) During the term of this Agreement, the City shall conduct “annual” and/or
“special” reviews of Clear Channel’s good faith compliance with the terms and
conditions of this Agreement in accordance with the procedures set forth in
Chapter 19.60 of the Municipal Code. The City may recover reasonable costs
incurred in conducting said review, including staff time expended and attorneys’
fees.
(b) At least five (5) calendar days prior to any hearing on any annual or special
review, the City shall mail Clear Channel a copy of all staff reports and, to the
extent practical, related exhibits. Clear Channel shall be permitted an opportunity
to be heard orally or in writing regarding its performance under this Agreement
before the City Council or, if the matter is referred to the Planning Commission,
then before said Commission. Following completion of any annual or special
review, the City shall give Clear Channel a written Notice of Action, which
Notice shall include a determination, based upon information known or made
known to the City Council or the City’s Planning Director as of the date of such
review, whether Clear Channel is in default under this Agreement and, if so, the
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alleged nature of the default, a reasonable period to cure such default, and
suggested or potential actions that the City may take if such default is not cured
by Clear Channel.
16. Amendment or Cancellation of Agreement
This Agreement may be further amended or terminated only in writing and in the manner
set forth in Government Code Sections 65865.1, 65867.5, 65868, 65868.5 and Chapter
19.60 of the Municipal Code; and provided that this Agreement may be terminated by
Clear Channel with respect to either the Terminal Project or the Union Pacific Project
individually if Clear Channel no longer is operating the Digital Billboard or the Existing
Billboard, respectively due to the reasons enumerated in Section 8(b) and 8(c) above,
respectively. In the event of such termination with respect to either Project, this
Agreement shall continue in full force and effect with respect to the other Project.
17. Agreement is Entire Agreement
This Agreement, the Relocation Agreement, the Amendment and all exhibits attached
hereto or incorporated herein contain the sole and entire agreement between the Parties
concerning Clear Channel’s entitlements to develop and improve the Properties. The
Parties acknowledge and agree that neither of them has made any representation with
respect to the subject matter of this Agreement or any representations inducing the
execution and delivery hereof, except representations set forth herein, and each Party
acknowledges that it has relied on its own judgment in entering this Agreement. The
Parties further acknowledge that all statements or representations that heretofore may
have been made by either of them to the other are void and of no effect, and that neither
of them has relied thereon in its dealings with the other.
18. Events of Default
A Party shall be in default under this Agreement upon the happening of one or more of
the following events (and the failure to cure after the expiration of the cure period in
paragraph 19(e) below):
(a) If a warranty, representation or statement made or furnished by such Party to the
other Party in this Agreement is false or proves to have been false in any material
respect when it was made; or,
(b) In the case of Clear Channel, a finding and determination by the City made
following an annual or special review under the procedure provided for in
Government Code Section 65865.1 and Chapter 19.60 of the Municipal Code that,
upon the basis of substantial evidence, Clear Channel has not complied in good
faith with the terms and conditions of this Agreement or the Relocation
Agreement is no longer in effect; or,
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(c) Such Party fails to fulfill any of its obligations set forth in this Agreement and
such failure continues beyond the cure period provided in paragraph 19(e) below.
19. Procedure upon Default; Legal Actions
(a) Upon the occurrence of an event of default (including expiration of the cure
period in paragraph (e) below), the non-defaulting Party may, at its option,
institute legal proceedings as provided below or may terminate this Agreement;
provided, however, that any such termination by the City shall occur only in
accordance with the provisions of Government Code Section 65865.1 and of
Chapter 19.60 of the Municipal Code; and provided further, a default under the
provisions relating to Terminal Project shall limit the non-defaulting Party to the
option of terminating this Agreement with respect to that Project only, and a
default under the provisions relating to the Union Pacific Project shall limit the
non-defaulting Party with the option of terminating this Agreement with respect
to that Project only.
(b) The City shall not be deemed to have waived any claim of defect in Clear
Channel’s performance if, on annual or special review, the City does not propose
to terminate this Agreement.
(c) No waiver or failure by either Party to enforce any provision of this Agreement
shall be deemed to be a waiver of any other provision of this Agreement or of any
subsequent breach of the same or any other provision.
(d) Any action for breach of this Agreement shall be decided in accordance with
California law. In the event that suit shall be brought by either party to this
Agreement, the parties agree that venue shall be vested exclusively in San Mateo
County Superior Court, or, where otherwise appropriate, exclusively in the
United States District Court, Northern District of California. Any Party may
institute legal action to cure, correct or remedy any default, to enforce any
covenant or agreement herein, to enjoin any threatened or attempted violation, or
to enforce by specific performance the obligations and rights of the parties
hereto. Except as provided below, in no event shall the City or its elected or
appointed officials, directors, officers, members, partners, agents, employees or
representatives be liable in monetary damages for any breach or violation of this
Agreement, it being expressly understood and agreed that in addition to the right
of termination (at the option of the non-defaulting Party), the sole legal or
equitable remedy available to Clear Channel for a breach or violation of this
Agreement shall be an action in mandamus, specific performance, injunctive or
declaratory relief to enforce the provisions of this Agreement and any and all
other available legal and equitable remedies, including, without limitation, the
right to reconstruct the Removed Billboard it its existing or comparable location
and the right to any monetary damages suffered by Clear Channel in connection
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with the loss of the Removed Billboard to the extent reconstruction is not
feasible.
(e ) A Party shall give the other Party written notice of any default by such other
Party under this Agreement, and the defaulting Party shall have fifteen (15)
business days after the date of the notice to cure the default or to reasonably
commence the procedures or actions needed to cure the default ; provided,
however, that if such default is not capable of being cured within such fifteen
(15) business day period but a cure is commenced within such fifteen (15)
business day period, the defaulting Party shall have such additional time to
complete the cure as is reasonably necessary.
20. Attorneys’ Fees and Costs
(a) Action by Party. If legal action by either Party is brought because of breach of
this Agreement or to enforce a provision of this Agreement, the prevailing Party is
entitled to reasonable attorneys’ fees and court costs.
(b) Action by Third Party. If any person or entity not a party to this Agreement
initiates any legal or equitable action or proceeding to challenge the validity of
any provision of this Agreement or the validity or implementation of the Terminal
Project Approvals and/or the Union Pacific Project Approvals or of the IS/MND,
the Parties shall promptly notify the other Party of such claim and each party shall
cooperate with the efforts of Clear Channel to defend such action or proceeding.
Clear Channel agrees to pay all reasonable costs and expenses, including
reasonable legal costs and reasonable attorney’s fees incurred in connection
therewith. The City will not voluntarily assist the opposing party in any such
claim or take any position adverse to Clear Channel in connection with such
claim. Clear Channel shall have the option to return any Digital Billboard face to
a conventional non-digital display and the City shall not be entitled to claim any
lost revenues or damages as a result of such election by Clear Channel.
21. Severability
If any material term or condition of this Agreement is for any reason held by a final
judgment of a court of competent jurisdiction to be invalid, and if the same constitutes a
material change in the consideration for this Agreement, then either Party may elect in
writing to invalidate this entire Agreement, and thereafter this entire Agreement shall be
deemed null and void and of no further force or effect following such election.
22. No Third Parties Benefited
No person other than the City, Clear Channel, and their respective successors is intended
to or shall have any right or claim under this Agreement, this Agreement being for the
sole benefit and protection of the Parties and their respective successors. Similarly, no
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amendment or waiver of any provision of this Agreement shall require the consent or
acknowledgment of any person not a Party or successor to this Agreement.
23. Binding Effect of Agreement
The provisions of this Agreement shall bind and inure to the benefit of the Parties
originally named herein and their respective successors and assigns.
24. Relationship of Parties
It is understood that this Agreement is a contract that has been negotiated and voluntarily
entered into by the City and Clear Channel and that Clear Channel is not an agent of the
City. The Parties do not intend to create a partnership, joint venture or any other joint
business relationship by this Agreement. The City and Clear Channel hereby renounce
the existence of any form of joint venture or partnership between them, and agree that
nothing contained herein or in any document executed in connection herewith shall be
construed as making the City and Clear Channel joint venturers or partners. Neither
Clear Channel nor any of Clear Channel’s agents or contractors are or shall be considered
to be agents of the City in connection with the performance of Clear Channel’s
obligations under this Agreement.
25. Bankruptcy
The obligations of this Agreement shall not be dischargeable in bankruptcy.
26. Mortgagee Protection: Certain Rights of Cure
(a) Mortgagee Protection. This Agreement shall be superior and senior to all liens
placed upon the Properties by Clear Channel or any portion thereof after the date
on which this Agreement or a memorandum of this Agreement is recorded with
the San Mateo County Recorder, including the lien of any deed of trust or
mortgage (“Mortgage”). Notwithstanding the foregoing, no breach hereof shall
defeat, invalidate, diminish or impair the lien of any Mortgage made in good faith
and for value, but all of the terms and conditions contained in this Agreement
shall be binding upon and effective against all persons and entities, including all
deed of trust beneficiaries or mortgagees (“Mortgagees”), who acquire title to
Clear Channel’s interest in the Properties or any portion thereof by foreclosure,
trustee’s sale, deed in lieu of foreclosure or otherwise.
(b) Mortgagee Not Obligated. No foreclosing Mortgagee shall have any obligation or
duty under this Agreement to construct or complete the construction of any
improvements required by this Agreement, or to pay for or guarantee construction
or completion thereof. The City, upon receipt of a written request therefor from a
foreclosing Mortgagee, shall permit the Mortgagee to succeed to the rights and
obligations of Clear Channel under this Agreement, provided that all defaults by
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Clear Channel hereunder that are reasonably susceptible of being cured are cured
by the Mortgagee as soon as is reasonably possible. The foreclosing Mortgagee
thereafter shall comply with all of the provisions of this Agreement.
(c) Notice of Default to Mortgagee. If the City receives notice from a Mortgagee
requesting a copy of any notice of default given to Clear Channel hereunder and
specifying the address for service thereof, the City shall deliver to the Mortgagee
concurrently with service thereof to Clear Channel, all notices given to Clear
Channel describing all claims by the City that Clear Channel has defaulted
hereunder. If the City determines that Clear Channel is in noncompliance with
this Agreement, the City also shall serve notice of noncompliance on the
Mortgagee, concurrently with service thereof on Clear Channel. Until such time
as the lien of the Mortgage has been extinguished, the City shall:
1. Take no action to terminate this Agreement or exercise any other remedy
under this Agreement, unless the Mortgagee shall fail, within thirty (30)
days of receipt of the notice of default or notice of noncompliance, to cure
or remedy or commence to cure or remedy such default or noncompliance;
provided, however, that if such default or noncompliance is of a nature
that cannot be remedied by the Mortgagee or is of a nature that can only
be remedied by the Mortgagee after such Mortgagee has obtained
possession of and title to one or both of the Properties, by deed-in-lieu of
foreclosure or by foreclosure or other appropriate proceedings, then such
default or noncompliance shall be deemed to be remedied by the
Mortgagee if, within ninety (90) days after receiving the notice of default
or notice of noncompliance from the City, (i) the Mortgagee shall have
acquired title to and possession of one or both of the Properties, by deed-
in-lieu of foreclosure, or shall have commenced foreclosure or other
appropriate proceedings, and (ii) the Mortgagee diligently prosecutes any
such foreclosure or other proceedings to completion.
2. If the Mortgagee is prohibited from commencing or prosecuting
foreclosure or other appropriate proceedings by reason of any process or
injunction issued by any court or by reason of any action taken by any
court having jurisdiction over any bankruptcy or insolvency proceeding
involving Clear Channel, then the times specified above for commencing
or prosecuting such foreclosure or other proceedings shall be extended for
the period of such prohibition.
(d) Performance by Mortgagee. Each Mortgagee shall have the right, but not the
obligation, at any time prior to termination of this Agreement, to do any act or
thing required of Clear Channel under this Agreement, and to do any act or thing
not in violation of this Agreement, that may be necessary or proper in order to
prevent termination of this Agreement. All things so done and performed by a
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Mortgagee shall be as effective to prevent a termination of this Agreement as the
same would have been if done and performed by Clear Channel instead of by the
Mortgagee. No action or inaction by a Mortgagee pursuant to this Agreement
shall relieve Clear Channel of its obligations under this Agreement.
(e) Mortgagee’s Consent to Modifications. Subject to the sentence immediately
following, the City shall not consent to any amendment or modification of this
Agreement unless Clear Channel provides the City with written evidence of each
Mortgagee’s consent, which consent shall not be unreasonably withheld, to the
amendment or modification of this Agreement being sought. Each Mortgagee
shall be deemed to have consented to such amendment or modification if it does
not object to the proposed amendment or modification by written notice given to
the City within thirty (30) days from the date written notice of such proposed
amendment or modification is given by the City or Clear Channel to the
Mortgagee. If such notice of the proposed amendment or modification is given
solely by Clear Channel, then Clear Channel shall also provide the City with
reasonable evidence of the delivery of such notice to the Mortgagee.
27. Estoppel Certificate
Either Party from time to time may deliver written notice to the other Party requesting
written certification that, to the knowledge of the certifying Party, (i) this Agreement is in
full force and effect and constitutes a binding obligation of the Parties; (ii) this
Agreement has not been amended or modified either orally or in writing, or, if it has been
amended or modified, specifying the nature of the amendments or modifications; and
(iii) the requesting Party is not in default in the performance of its obligations under this
Agreement, or if in default, describing therein the nature and monetary amount, if any, of
the default. A Party receiving a request hereunder shall endeavor to execute and return
the certificate within ten (10) days after receipt thereof, and shall in all events execute
and return the certificate within thirty (30) days after receipt thereof. Failure of a Party to
return a requested certificate in a timely manner shall not be deemed a default of the
Party’s obligations under this Agreement and no cause of action shall arise based on such
failure, but such Party shall thereupon be deemed to have certified that the statements in
clauses (i) through (iii) of this Section are true, and the requesting Party and any third
parties shall be entitled to rely upon such deemed certification. The City Manager shall
have the right to execute any such certificate requested by Clear Channel hereunder
provided the certificate is requested within six (6) months of any annual or special
review. The City acknowledges that a certificate hereunder may be relied upon by
permitted transferees and Mortgagees. At the request of Clear Channel, the certificates
provided by the City establishing the status of this Agreement with respect to any lot or
parcel shall be in recordable form, and Clear Channel shall have the right to record the
certificate for the affected portion of the Property at Clear Channel’s cost.
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28. Force Majeure
Notwithstanding anything to the contrary contained herein, either Party shall be excused
for the period of any delay in the performance of any of its obligations hereunder, except
the payment of money, to the extent such performance is prevented or delayed by one or
more of the following specific causes beyond such Party’s control: major weather
differences from the normal weather conditions for the South San Francisco area, war,
acts of God or of the public enemy, fires, explosions, floods, earthquakes, invasions by
non-United States armed forces, failure of transportation due to no fault of the Parties,
unavailability of equipment, supplies, materials or labor when such unavailability occurs
despite the applicable Party’s good faith efforts to obtain same (good faith includes the
present and actual ability to pay market rates for said equipment, materials, supplies and
labor), strikes of employees other than Clear Channel’s, freight embargoes, sabotage,
riots, acts of terrorism, acts of the government, and litigation initiated by a non-Party
challenging this Agreement or any of the Projects’ approvals or entitlements. The Party
claiming such extension of time to perform shall send written notice of the claimed
extension to the other Party within thirty (30) days from the commencement of the cause
entitling the Party to the extension.
29. Rules of Construction and Miscellaneous Terms
(a) The singular includes the plural; the masculine gender includes the feminine;
“shall” is mandatory, “may” is permissive.
(b) Time is and shall be of the essence in this Agreement.
(c) Where a Party consists of more than one person, each such person shall be jointly
and severally liable for the performance of such Party’s obligations hereunder.
(d) The captions in this Agreement are for convenience only, are not a part of this
Agreement and do not in any way limit or amplify the provisions thereof.
(e) This Agreement shall be interpreted and enforced in accordance with the laws of
the State of California in effect on the date thereof.
30. Exhibits
Exhibit A Terminal Property Map and Description
Exhibit B Union Pacific Property Map and Description
Exhibit C Site Plans/Specifications for Digital Billboard
Exhibit D Site Plans/Specifications for Height Increase to Existing Billboard
Exhibit E Removed Billboard
Exhibit F Mitigation Monitoring and Reporting Program for Digital Billboard
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Exhibit G Project Approvals
Exhibit H City’s Gateway Master Plan - Gateway Signs
31. Notices
All notices required or provided for under this Agreement shall be in writing and
delivered in person (to include delivery by courier) or sent by certified mail, postage
prepaid, return receipt requested or by overnight delivery service, and shall be effective
upon actual delivery as evidenced by the return receipt or by the records of the courier,
overnight delivery service or other person making such delivery.
Notices to the City shall be addressed as follow:
City of South San Francisco
Attn: City Clerk
P.O. Box 711,
400 Grand Avenue
South San Francisco, CA 94080
With a copy to:
Economic and Community Development Department
Attn: Alex Greenwood
400 Grand Avenue
South San Francisco, CA 94080
With a copy to:
City Attorney
400 Grand Avenue
South San Francisco, CA 94080
Notices to Clear Channel shall be addressed as follows:
Clear Channel Outdoor, Inc.
555 12th Street, Suite 950
Oakland, CA 94607
Attn: Bob Schmitt, President/GM, Northern California
With a copy to:
Clear Channel Outdoor, Inc.
2325 East Camelback Road, Suite 400
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Phoenix, AZ 85016
Attn: General Counsel
A party may change its address for notice by giving notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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IN WITNESS WHEREOF this Agreement has been executed by the Parties on the day and year
first above written.
CITY:
CITY OF SOUTH SAN FRANCISCO
By: ______________________________
Mike Futrell, City Manager
ATTEST:
___________________________
Krista Martenelli, City Clerk
APPROVED AS TO FORM:
___________________________
Steven T. Mattas, City Attorney
CLEAR CHANNEL:
CLEAR CHANNEL OUTDOOR, LLC
By: __________________________________
Bryan Parker
EVP – Real Estate/ Operations
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EXHIBIT A
TERMINAL PROPERTY MAP AND DESCRIPTION
228
22
9
23
0
23
1
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EXHIBIT B
UNION PACIFIC PROPERTY MAP AND DESCRIPTION
232
23
3
23
4
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EXHIBIT C
SITE PLAN/SPECIFICATIONS FOR DIGITAL BILLBOARD
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EXHIBIT D
SITE PLANS/SPECIFICATIONS FOR
HEIGHT INCREASE AT EXISTING BILLBOARD
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EXHIBIT E
REMOVED/RELOCATED BILLBOARDS
1. Removed Billboard: Billboard located at 1700 El Camino Real (Trailer Park north of El
Camino Real & Mission Road) APN (010-181-020).
2. Relocated Billboard: Billboard located at Bayshore Freeway (US-101) on the east line of
the freeway north of Grand Avenue in the Caltrain parking lot (near 600 Dubuque Avenue) APN
(872-41-261).
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EXHIBIT F
MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE TERMINAL PROJECT
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EXHIBIT G
PROJECT APPROVALS
[To be completed when the exact titles and resolution numbers for entitlements approved by the
Planning Commission and the City Council are known.]
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EXHIBIT H
CITY’S GATEWAY MASTER PLAN - GATEWAY SIGNS
[To be attached when the Gateway Master Plan – Gateway Signs is finalized.]
2436104.2
240
Attachment 5
City Council Staff Report and Minutes – July 8, 2015
241
Staff Report
DATE: July 8, 2015
TO: Mayor, Vice Mayor and Councilmembers
FROM: Alex Greenwood, Director of Economic and Community Development
SUBJECT: DIGITAL BILLBOARDS – ZONING TEXT AMENDMENT TO SSFMC CHAPTER
20.360 SIGNS TO ALLOW APPROVAL OF DIGITAL BILLBOARDS PURSUANT TO
A RELOCATION AGREEMENT, GENERAL PLAN AMENDMENT TO REVISE THE
EAST OF 101 AREA PLAN DESIGN ELEMENTS RELATED TO BILLBOARDS, AND
BILLBOARD DEVELOPMENT INCLUDING A DEVELOPMENT AGREEMENT, A
RELOCATION AGREEMENT, AN AMENDMENT TO A RELOCATION
AGREEMENT, SIGN PERMIT, DESIGN REVIEW AND INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION IN ORDER TO ALLOW FOR
THE INSTALLATION OF A 70 FOOT TALL, DOUBLE FACED, DIGITAL
BILLBOARD ON PROPERTY LOCATED AT 101 TERMINAL COURT IN
EXCHANGE FOR THE REMOVAL OF ONE DOUBLE-SIDED BILLBOARD ALONG
EL CAMINO REAL, AND TO ALLOW AN EXISTING DOUBLE FACED, STATIC
BILLBOARD ON PROPERTY LOCATED AT THE INTERSECTION OF DUBUQUE
AVENUE AND GRAND AVENUE TO BE INCREASED IN HEIGHT BY 20 FEET,
TOGETHER WITH OTHER CONSIDERATIONS, IN ACCORDANCE WITH SSFMC
CHAPTERS 20.360, 20.540 AND 20.550.
Applicant/Owner: Clear Channel Outdoor LLC
Address: 101 Terminal Court (APN: 015-113-240) and the intersection of
Dubuque Avenue and Grand Avenue (APN: 872-41-261)
Case Nos.: P12-0021: ZA12-0001, DR12-0008, SIGNS12-0013, DA15-0001,
ND12-0002 & GPA15-0002
RECOMMENDATION
It is recommended that the City Council follow the recommendation of the Planning Commission
and take the following actions:
1. Adopt a Resolution making findings and adopting Initial Study/Mitigated Negative
Declaration ND12-0002; and,
2. Introduce an Ordinance making revisions to Chapter 20.360 of the South San Francisco
Municipal Code, related to Signs, and waive further reading; and,
3. Adopt a Resolution making findings and approving Planning Project P12-0021, including
Area Plan Amendment GPA15-0002, Relocation Agreement, Amendment to a Relocation
Agreement, Design Review DR12-0008 and Sign Permit SIGNS12-0013, based on the draft
findings and subject to the attached draft conditions of approval.; and,
4. Introduce an Ordinance adopting a Development Agreement for the installation of a 70 foot
tall, double faced digital billboard and to allow an existing double faced static billboard to be
increased in height by 20 feet.
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BACKGROUND/DISCUSSION
In general, the City’s existing policies prohibit new billboards from being allowed within the City, to
protect residential zones and several other areas where there is a concern of establishing visual barriers.
However, through a relocation agreement process, the City has remained open to allowing billboards in
select commercial/industrial areas if certain design and land use concerns are addressed, and if there is an
exchange that removes billboards from unwanted areas, including residential districts.
Clear Channel Billboard Projects
Clear Channel has submitted a development application for a General Plan Amendment, Zoning
Ordinance Text Amendment and a Development Agreement with the intent to allow two separate
billboard projects pursuant to relocation agreements.
The first project is for a digital billboard constructed in the Park N’ Fly parking lot at 101 Terminal Court
(“Terminal Project”). The Terminal Project would consist of a new, double-faced V-shaped outdoor
advertising sign with digital message center displays of 17 feet in height and 59 feet in width with an
overall elevation of 70 feet above the adjacent freeway grade.
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The digital billboard would consist of two 1,003 square-foot faces mounted in a “V” configuration
oriented toward the northbound and southbound lanes of U.S. Highway 101 (“US 101”). The design
proposes minimal frame around the signs. The sign’s support structure would be perpendicular to the
ground and would include a “City of South San Francisco” identifier below the digital display. The sign’s
LED lighting would be designed to make the message displays visible to passing motorists. Light sensors
would be installed to measure ambient light levels and to adjust light intensity to respond to any change in
ambient light conditions. Lighting levels on the digital billboard would not exceed 0.3 foot candles over
ambient levels, as measured using a foot candle meter at a pre-set distance (350 feet for the proposed 17
foot x 59 foot face size). The brightness of the LED display is subject to adjustment based on ambient
conditions, so the display may be brighter in the daytime than at night.
The second billboard project would be to amend an existing relocation agreement in order to allow the
increase in height of an existing static billboard by 20 feet, on Union Pacific property located at the
intersection of Dubuque Avenue and Grand Avenue (“Union Pacific Project”). The revised billboard
would have a new overall elevation of approximately 64 feet above the adjacent grade. The Union Pacific
Project is being proposed because the West Marine building on Dubuque Ave blocks a portion of the
existing billboard to southbound traffic on US 101.
The current Zoning Ordinance prohibits new off-premises signs, but State law allows jurisdictions to enter
into relocation agreements for existing signs. Additionally, off-premise signs with digital copy are
specifically identified as not being permitted even under the provisions of a relocation agreement. The
City Council has expressed interest in allowing a limited number of digital billboards along US 101 to
provide an additional source of revenue for the City, promote economic development and expand the
communication of community services.
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Billboard Regulations
The California Department of Transportation (“Caltrans”) is involved in the control of off-premise
signage displays along state highways through enforcement of the California Outdoor Advertising Act.
Caltrans is also responsible, through an agreement with the Federal Highway Administration, for
controlling off-premise signage along interstate highways.
Some freeways are classified as “landscaped freeways”, and off-premise signage is not allowed along
landscaped freeways except when approved as part of relocation agreements (Government Code §5412).
All of US 101 within the City’s boundaries is classified as Landscaped Freeway.
ZONING TEXT AMENDMENTS (CHAPTER 20.360)
Zoning Ordinance Chapter 20.360 Signs currently prohibits “off-premises” signs and “animated, moving
or flashing” signs. Chapter 20.360 does allow the City to enter into relocation agreements. To provide for
digital billboards to be allowed subject to approval of a relocation agreement, text amendments to Chapter
20.360 are necessary. The proposed text amendments would create a process to allow for digital
billboards and create specific criteria to ensure that the erection of digital billboards does not create visual
clutter or create other operational impacts on surrounding uses, and to promote the public health, safety
and general welfare. The provisions will be consistent with state and federal laws that govern such signs.
The following primary amendments to Chapter 20.360 are proposed:
1. Amend 20.360.002.A “Relocation Agreements” to provide for the installation of a digital billboard
if all of the following findings can be met:
a. The digital billboard is located in a non-residential district adjacent to US 101.
b. Installation of a digital billboard, containing up to two billboard faces, will result in the
reduction of at least two billboard faces in the City.
c. Installation of the digital billboard will advance adopted policies contained in the General
Plan and any applicable Specific Plan or Area Plan.
d. The digital billboard is operated in accordance with the operating standards.
2. Amend 20.360.004 “Prohibited Signs” to clarify the following:
a. That a digital billboard is not considered an “Animated, Flashing or Moving Sign” or a
“Pole Sign”.
b. That an off-premise sign permitted pursuant to a relocation agreement and an appropriate
sign permit are allowed.
3. Amend 20.360.006 “General Standards” to include a new category for Digital Billboards, which
including the following specific standards:
Maximum number of three digital billboards with two faces each allowed within the City.
Requirement that all messages be static, with no movement or appearance of movement.
Minimum display time of eight seconds for each message.
Maximum face size/area of 1,200 square feet.
Maximum lighting levels.
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Requirement that a light sensing device be installed that will adjust the brightness as
ambient light conditions change.
Limits locations to non-residential districts south of Sister Cities Boulevard and north of
the City’s southern boundary, adjacent to US 101, and not on San Bruno Mountain or on
the east side of US 101.
4. Amend 20.360.012 “Nonconforming Signs” to clarify that nonconforming signs may be altered if
the sign is the subject of a relocation agreement.
5. Amend 20.360.014 “Definitions” to include a definition for “Digital Billboard”.
With the adoption of these amendments, Digital Billboards would be permitted, subject only to a
Relocation Agreement and a Type C Sign Permit.
EAST OF 101 AREA PLAN AMENDMENTS
General Plan Implementing Policy 3.5-I-1 states that the East of 101 Area Plan should be maintained as
the detailed implementing guide for the area, and that the Area Plan should be amended as appropriate for
consistency with the General Plan.
The East of 101 Area Plan states that “the billboards and advertising signs in the East of 101 Area create a
visual barrier and negative first impression, especially for viewers travelling north on US 101. Removal
of these signs should be encouraged and no additional signs shall be allowed.”
The existing Clear Channel sign on the Union Pacific property is currently 46 feet 4 inches in height and
is the subject of a relocation agreement executed in 2000; the West Marine building is located adjacent to
the north of the sign site, and partially blocks visibility of this sign for vehicles traveling southbound on
US 101. To make the sign completely visible, the applicant is proposing to amend the relocation
agreement in order to raise the height by 20 feet, to a maximum height of 66 feet 4 inches.
To allow the proposed revisions to the existing static sign and to allow the relocation agreement
amendment to be consistent with the East of 101 Area Plan, the following amendments are proposed to
the Design Element policies:
Policy DE-32. No new off-site commercial advertising signs or billboards shall be permitted in the
East of 101 Area. Existing billboards may be renovated, replaced or relocated if the
City finds that the change would improve the visual character of the area.
Policy DE-33. The City shallshould work to remove all existing off-site commercial advertising signs
and billboards from the East of 101 area.
As noted above, the East of 101 Area Plan states that removal of these signs should be encouraged and no
additional signs shall be allowed. The proposed revisions would be in keeping with the intent of this
language, and would allow the City flexibility to continue to enter into relocation agreements for
renovations to existing signs located in the East of 101. The revision to Policy DE-32 would continue to
apply only to existing billboards, in keeping with the existing static billboard.
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DEVELOPMENT AGREEMENT
The applicant and the City have negotiated a Development Agreement (“DA”) to clarify and obligate
Project features and mitigation measures, including annual fees, community service message display time,
and City branding. The proposed DA is attached (Attachment 4 Exhibit A).
Development Agreement Term
The term of the DA would be 30 years.
Fees and Taxes
The DA includes provisions that obligate Clear Channel to pay the City an annual amount of $80,000 for
the digital billboard ($40,000 per face) and $60,000 for the static billboard. In the event that the City
adopts a gross receipts based business license tax in the future, Clear Channel’s annual payment of such
gross receipts tax would be deducted from Clear Channel’s annual payment obligation under the DA.
Payments to the City escalate at a rate of 12.5% every five years.
City Gateway Signs
Clear Channel will reimburse the City up to $280,000 for costs incurred with respect to design and
construction of either City gateway signs as set forth in the City’s Gateway Master Plan, and/or a City
community events message sign on City property.
RELOCATION AGREEMENTS
Terminal Project Relocation Agreement
The applicant and the City have negotiated a Relocation Agreement to obligate the removal of the existing
billboard at 1700 El Camino Real and allow the new digital billboard at 101 Terminal Court. The terms
of the Terminal Project Relocation Agreement are in keeping with the proposed zoning code standards,
including the removal of at least two billboard faces in the City.
Relocation Agreement Term
The term of the RA would be 30 years. Upon expiration, Clear Channel is required to remove the
above-ground portions of the digital billboard unless a subsequent agreement between Clear
Channel and the City has been entered into.
Community Service Messages
Per the discussion at the Planning Commission meeting, Clear Channel has increased the amount
of free display time provided to the City on the digital billboard from five hours per month to
approximately 10 hours per month for advertising the City, City-sponsored events, or other public
service announcements. The commitment would result in 56,000 eight-second messaging spots
per year.
Union Pacific Project Relocation Agreement Amendment
To allow the construction of the Oyster Point Interchange/Hook Ramp Project, the City entered into a
Sign Relocation Agreement in October 2000. The agreement included the removal of four sign structures
on the west side of US 101 (on Terrabay property) and allowed the addition of a second sign face to the
existing billboard located on the Union Pacific Project site, as well as other considerations. To allow the
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increased height of the existing billboard for the Union Pacific Project, an amendment to the 2000 Sign
Relocation Agreement is required. The original agreement included the removal of four sign structures,
in keeping with the proposed standards.
GENERAL PLAN CONFORMITY AND ZONING CONSISTENCY
The Terminal Project site is designated Community Commercial within the General Plan and is also
located within the Freeway Commercial Zoning District, which provides zoning for uses that benefit from
proximity to the Bayshore Freeway (US 101). As discussed above, the Terminal Project would require
amendments to the Zoning Ordinance to allow digital billboards subject to approval of a Relocation
Agreement and conformance with specific standards. Subject to approval of the Zoning Ordinance
amendments, the project would remain consistent with the intent and purpose of the General Plan and
comply with all digital billboard development standards.
The Union Pacific Project site is designated Business Commercial within the General Plan and is also
subject to the East of 101 Area Plan. The site is located within the Freeway Commercial Zoning District,
which provides zoning for uses that benefit from proximity to the Bayshore Freeway. As discussed
above, the Union Pacific Project would require minor amendments to the East of 101 Area Plan in order
to allow the renovations to the static billboard subject to approval of a Relocation Agreement
Amendment. Subject to approval of the East of 101 Area Plan amendments, the Union Pacific Project
would remain consistent with the General Plan and comply with the Zoning Ordinance standards related
to signage.
ENVIRONMENTAL REVIEW
Terminal Project
In accordance with the provisions of California Environmental Quality Act (“CEQA”), an Initial
Study/Mitigated Negative Declaration (“IS/MND”) was prepared for the Digital Billboard project.
Environmental issues were identified related to Aesthetics, Air Quality, Cultural Resources,
Hazards/Hazardous Materials and Transportation. Subject to the implementation of the mitigation
measures discussed below, the stated impacts would be reduced to a less-than-significant impact:
Aesthetics – The digital billboard will use LED technology to display messages on a lit screen that
will be operational from 6:00a.m. - 12:00a.m., and therefore could have an impact related to light
and glare. The Aesthetics related mitigation measure requires that the applicant perform periodic
field testing to demonstrate compliance with a 0.3 footcandle increase over ambient light at 350
feet. If increases in ambient light are above the allowed level, the dimming level shall be adjusted
within 24 hours or the billboard shall not be operated until the lighting levels can be brought into
compliance.
Air Quality – Due to the non-attainment status of the air basin, the Bay Area Air Quality
Management District (BAAQMD) recommends that projects implement a set of Basic
Construction Mitigation Measures. The Air Quality related mitigation measure requires
construction contractors to implement all of these BAAQMD construction mitigation measures.
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Cultural Resources – Given the site characteristics, coupled with the regional archaeological
sensitivity, there is a moderate potential of unrecorded Native American resources. The mitigation
measure requires that the applicant prepare and implement a cultural monitoring and mitigation
plan by a qualified archaeologist.
Hazards and Hazardous Materials – The site has not been assessed for the potential presence of
hazardous materials. During the installation process of the billboard, holes would be drilled and
the excavated soil would be transported offsite. The project will also include trenching to connect
the electrical supply. The first Hazards related mitigation measure would require the site to be
assessed for the presence of hazardous materials prior to construction activities, which, if present,
would be handled appropriately to ensure the impact would remain less than significant. The
second mitigation measure requires the applicant to properly dispose and/or recycle any materials
considered electronic waste.
Traffic – Significant effects could occur if the proposed digital billboard did not comply with
restrictions regarding location, intensity of light, light trespass, or other restrictions or includes
visual effects or driver interaction that would cause driver distraction. The first Traffic related
mitigation measure requires the applicant to submit an annual report regarding compliance with
operating standards. The second mitigation measure requires that the digital billboard comply
with operational safety standards, including no moving or flashing lights, and no installation of
technologies that would allow interaction with drivers, vehicles or any device located in vehicles.
The IS/MND was distributed to the State Clearinghouse and circulated for a 30-day public review on June
25, 2013. Comment letters were submitted by City/County Association of Governments of San Mateo
County (“C/CAG”), which clarified that the proposed project and related zoning amendments would not
require a formal Airport Land Use Commission (“ALUC”)/ C/CAG consistency review, and Caltrans,
which clarified that the proposed location of the digital billboard is within a segment of highway
classified as Landscaped Freeway.
Union Pacific Project
The proposed Union Pacific Project has been determined to be categorically exempt from environmental
review under the provisions of CEQA (Class 2, Section 15302: Replacement or Reconstruction), which
provides an exemption for replacement or reconstruction projects which meet the following conditions:
a. Replacement of a commercial structure with a new structure of substantially the same size,
purpose, and capacity.
The proposed change to the billboard is increased height only and the billboard will be located in the same
location, with the same purpose and capacity as the existing billboard. A “Clear Channel Billboard
Height Increase, Parcel Number 872-41-261 – Categorical Exemption Assessment” Memorandum
analyzing conformance with the appropriate criteria was prepared by Lamphier-Gregory and is attached to
this staff report (Attachment 1 Exhibit D).
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Date: July 8, 2015
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Exhibit B: Response to Comments
Exhibit C: Mitigation Monitoring and Reporting Program
Exhibit D: Union Pacific Project CEQA Categorical Exemption Analysis
2. Draft Ordinance amending SSFMC Chapter 20.360
3. Draft Entitlements Resolution
Exhibit A: General Conditions of Approval
Exhibit B: East of 101 Area Plan Amendment
Exhibit C: Terminal Project Plans
Exhibit D: Union Pacific Project Plans
Exhibit E: Terminal Project Relocation Agreement
Exhibit F: Union Pacific Project Relocation Agreement Amendment
4. Draft Ordinance adopting a Development Agreement
Exhibit A: Development Agreement
5. Planning Commission Staff Report and Minutes, Meeting of May 7, 2015
6. Planning Commission Resolutions
a. Resolution 2762-2015 – CEQA Resolution
b. Resolution 2763-2015 – Entitlements Resolution
7. Power Point Presentation
2436157.1
251
Councilman Guptaquestioned whether or not this is aligned with the Downtown Station Area
Specific Plan and requested follow up information confirming compatibility or not. Gupta also
asked for a change in the resolution language and City Attorney Rosenberg accommodatedhis
request with the following language for Finding B2 of the Staff Report: the proposed use would
install streetscape improvements that are set forthin the Downtown Station AreaSpecific Plan and
would encourage pedestrian use of that parcel.
Councilwoman Matsumoto says this goes against everything we have adopted in regards to the
Downtown Station Specific Plan.
CouncilwomanNormandy and Matsumoto support the convenience store, but not the diesel fuel
stations.
Motion — Vice Mayor Addiego/Second — Councilman Gupta: to adopt Resolution No. 82-2015
granting theappeal reversing the Planning Commission decision and approving P 14-007 based on
the City CouncilConditions of Approval and subject to the condition of revision of finding B2 as
stated. Approved by the following Roll Call Vote: AYES: Councilman Gupta, Vice Mayor
Addiego, and Mayor Garbarino. NOES: Councilwomen Matsumoto and Normandy. ABSENT:
None. ABSTAIN: None.
Recess: 9:04 P.M.
Meeting Resumed: 9:13 P.M.
14. Digital Billboards-Clear Channel
Zoning TextAmendment toSSFMCChapter 20.360Signsto allow approval of digital
billboards pursuant to a relocation agreement, General Plan Amendment to revisethe East of
101 Area Plan Design Elementsrelated to billboards, and billboard development including a
Development Agreement, a Relocation Agreement, an Amendment to a Relocation
Agreement, Sign Permit, Design Review and Initial Study/Mitigated NegativeDeclaration
in order to allow for the installation of a 70 foot tall, double faced, digitalbillboard on
property located at 101 Terminal Court in exchange for the removal of one double-sided
billboard along El Camino Real, and to allow an existing double faced, static billboard on
property located at the intersection of Dubuque Avenue and Grand Avenue to be increased
in height by 20 feet, together with other considerations, in accordance with SSFMC
Chapters 20.360, 20.540 and 20.550. (Bill Gross, Sr. Planner).
Public Hearing Opened: 9:14 P.M.
SeniorPlanner Billy Gross announced that Clear Channel would place a digital billboard along U.S.
Highway 101 at the Park N' Fly located at 101 Terminal Court, and continued to detail amendments
to the Zoning Text.
Council stated they did not like the "City of South San Francisco" underneath the billboard. Council
was also concerned about what rights the city has if a development goes up and obstructs the sign.
City Attorney Rosenberg suggested it would not be an issue based on the location.
Councilwoman Matsumoto questioned the content that will be displayed on the billboard, and
whether or not the city can control the content of the messages. Clear Channel's Bruce Qualls, Real
REGULAR CITY COUNCIL MEETING JULY 8,2015
MINUTES PAGE 6252
Estate Manager for the BayArea, stated that they have corporate policies and advertisers that are
veryparticular about whatthey are adjacent to. He said that Disney is their biggest advertiser and
does notwant to be placed near something that undermines their purpose.
Councilwoman Matsumoto asked about community messages, and what the city has as availability
for advertising. Councilman Gupta asked about the static display and the movement, and whether
they are conforming to it. Mr. Qualls stated that Clear Channel did not want to undermine any
requirements.
Public Hearing Closed: 9:54 P.M.
It was decidedthat thisitem would be continued to a date certain of the Regular City Council
Meeting of August 26,2015. Council requested that staff look into limitations that could be applied
regarding future developments. Council alsostated that they would like to know where all 3 digital
billboards will be placed. Further environmental analysis is needed todeterminethat.
ITEMS FROM COUNCIL—COMMITTEE REPORTS AND ANNOUNCEMENTS
Councilwoman Matsumoto discussedthe Joint Housing Subcommittee Meeting that occurred
earlier in the day noting that they talked about the Rotary Senior Housing Project at 300 Miller
Avenue, A-Frame Pilot Program Downtown, and Condominium construction thresholds/reduction
of minimum lot size requirements.
Vice Mayor Addiego stated that he attendedthe Community Choice Energy Aggregation and
expressed hisappreciation to Councilman Gupta for offering his expertise to those meetings.
Councilman Gupta followed up on Addiego's comments andstated that he had a conversation with
County Supervisor Dave Pine aboutenergy conservation and usage.
Mayor Garbarino asked who would like to serve on the Ad HocCommittee for Christmas
Decorations, and it was decided that ViceMayor Addiego and Councilwoman Matsumoto would
serve onthe committee.
ADJOURNMENT TIME: 10:03 P.M.
S bmitted: Approved:
aatte4:40,
Irene Soto, Acting City Clerk Rich Garbarino, Mayor
City of South San Francisco City of South San Francisco
REGULAR CITY COUNCIL MEETING JULY 8,2015
MINUTES PAGE 7253
Attachment 6
Planning Commission Staff Report and Minutes – May 7, 2015
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Planning Commission
Staff Report
DATE: May 7, 2015
TO: Planning Commission
SUBJECT: Digital Billboards – Zoning Text Amendment to SSFMC Chapter 20.360 Signs to allow
approval of digital billboards pursuant to a relocation agreement, General Plan
Amendment to revise the East of 101 Area Plan Design Elements related to billboards,
and billboard development including a Development Agreement, a Relocation Agreement,
an Amendment to a Relocation Agreement, Sign Permit, Design Review and Initial
Study/Mitigated Negative Declaration in order to allow for the installation of a 70 foot
tall, double faced, digital billboard on property located at 101 Terminal Court in exchange
for the removal of one double-sided billboard along El Camino Real, and to allow an
existing double faced, static billboard on property located at the intersection of Dubuque
Avenue and Grand Avenue to be increased in height by 20 feet, together with other
considerations, in accordance with SSFMC Chapters 20.360, 20.540 and 20.550.
Applicant/Owner: Clear Channel Outdoor LLC
Address: 101 Terminal Court (APN: 015-113-240) and the intersection of
Dubuque Avenue and Grand Avenue (APN: 872-41-261)
Case Nos.: P12-0021: ZA12-0001, DR12-0008, SIGNS12-0013, DA15-0001,
ND12-0002 & GPA15-0002
RECOMMENDATION
That the Planning Commission conduct a public hearing and take the following actions:
1. Adopt a Resolution making findings and recommending that the City Council adopt Initial
Study/Mitigated Negative Declaration ND12-0002; and
2. Adopt a Resolution making findings and recommending that the City Council approve Planning
Project P12-0021, including ZA12-0001, DR12-0008, SIGNS12-0013, DA15-0001, and GPA15-
0002 based on the draft findings and subject to the attached draft conditions of approval.
BACKGROUND/DISCUSSION
In general, existing policies prohibit new billboards from being allowed within the City, to protect
residential zones and several other areas where there is a concern of establishing visual barriers.
However, through a relocation agreement process, the City has remained open to allowing billboards in
select commercial/industrial areas if certain design and land use concerns are addressed, and if there is an
exchange that removes billboards from unwanted areas, including residential districts.
Clear Channel Billboard Projects
Clear Channel has submitted a development application for a General Plan Amendment, Zoning
Ordinance Text Amendment and a Development Agreement with the intent to allow two separate
billboard projects pursuant to relocation agreements. The first project is for a digital billboard
constructed in the Park N’ Fly parking lot at 101 Terminal Court (“Terminal Project”). The Terminal
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Page 2 of 8
Project would consist of a new, double-faced V-shaped outdoor advertising sign with digital message
center displays of 17 feet in height and 59 feet in width with an overall elevation of 70 feet above the
adjacent freeway grade.
The digital billboard would consist of two 1,003 square-foot faces mounted in a “V” configuration
oriented toward the northbound and southbound lanes of U.S. Highway 101 (“US 101”). The design
proposes minimal frame around the signs. The sign’s support structure would be perpendicular to the
ground and would include a “City of South San Francisco” identifier below the digital display. The
sign’s LED lighting would be designed to make the message displays visible to passing motorists. Light
sensors would be installed to measure ambient light levels and to adjust light intensity to respond to any
change in ambient light conditions. Lighting levels on the digital billboard would not exceed 0.3 foot
candles over ambient levels, as measured using a foot candle meter at a pre-set distance (350 feet for the
proposed 17 foot x 59 foot face size). The brightness of the LED display is subject to adjustment based
on ambient conditions, so the display may be brighter in the daytime than at night.
The second billboard project would be to amend an existing relocation agreement in order to allow the
increase in height of an existing static billboard by 20 feet, on Union Pacific property located at the
intersection of Dubuque Avenue and Grand Avenue (“Union Pacific Project”). The revised billboard
would have a new overall elevation of approximately 64 feet above the adjacent grade. The Union
Pacific Project is being proposed because the West Marine building on Dubuque Ave blocks a portion of
the existing billboard to southbound traffic on US 101.
The current Zoning Ordinance prohibits new off-premises signs, but State law allows jurisdictions to
enter into relocation agreements for existing signs. Additionally, off-premise signs with digital copy are
specifically identified as not being permitted even under the provisions of a relocation agreement. The
City Council has expressed interest in allowing a limited number of digital billboards along US 101 to
provide an additional source of revenue for the City, promote economic development and expand the
communication of community services.
Billboard Regulations
The California Department of Transportation (“Caltrans”) is involved in the control of off-premise
signage displays along state highways through enforcement of the California Outdoor Advertising Act.
Caltrans is also responsible, through an agreement with the Federal Highway Administration, for
controlling off-premise signage along interstate highways.
Some freeways are classified as “landscaped freeways”, and off-premise signage is not allowed along
landscaped freeways except when approved as part of relocation agreements (Government Code §5412).
All of US 101 within the City’s boundaries is classified as landscaped freeway.
ZONING TEXT AMENDMENTS (CHAPTER 20.360)
The City of South San Francisco’s Zoning Ordinance Chapter 20.360 Signs currently prohibits “off-
premises” signs and “animated, moving or flashing” signs. Chapter 20.360 does allow the City to enter
into relocation agreements. To provide for digital billboards to be allowed subject to approval of a
relocation agreement, text amendments to Chapter 20.360 are necessary. The proposed text amendments
would create a process to allow for digital billboards and create specific criteria to ensure that the
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erection of digital billboards does not create visual clutter or create other operational impacts on
surrounding uses, and to promote the public health, safety and general welfare. The provisions will be
consistent with state and federal laws that govern such signs.
The following primary amendments to Chapter 20.360 are proposed:
1. Amend 20.360.002.A “Relocation Agreements” to provide for the installation of a digital
billboard if all of the following findings can be met:
a. The digital billboard is located in a non-residential district adjacent to US 101.
b. Installation of a digital billboard, containing up to two billboard faces, will result in the
reduction of at least two billboard faces in the City.
c. Installation of the digital billboard will advance adopted policies contained in the General
Plan and any applicable Specific Plan or Area Plan.
d. The digital billboard is operated in accordance with the operating standards.
2. Amend 20.360.004 “Prohibited Signs” to clarify the following:
a. That a digital billboard is not considered an “Animated, Flashing or Moving Sign” or a
“Pole Sign”.
b. That an off-premise sign permitted pursuant to a relocation agreement and an appropriate
sign permit are allowed.
3. Amend 20.360.006 “General Standards” to include a new category for Digital Billboards, which
including the following specific standards:
Maximum number of three digital billboards with two faces each allowed within the City.
Requirement that all messages be static, with no movement or appearance of movement.
Minimum display time of eight seconds for each message.
Maximum face size/area of 1,200 square feet.
Maximum lighting levels.
Requirement that a light sensing device be installed that will adjust the brightness as
ambient light conditions change.
Limits locations to non-residential districts south of Sister Cities Boulevard and north of
the City’s southern boundary, adjacent to US 101, and not on San Bruno Mountain or on
the east side of US 101.
4. Amend 20.360.012 “Nonconforming Signs” to clarify that nonconforming signs may be altered if
the sign is the subject of a relocation agreement.
5. Amend 20.360.014 “Definitions” to include a definition for “Digital Billboard”.
With the adoption of these amendments, Digital Billboards would be permitted, subject only to a
Relocation Agreement and a Type C Sign Permit.
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Page 4 of 8
EAST OF 101 AREA PLAN AMENDMENTS
General Plan Implementing Policy 3.5-I-1 states that the East of 101 Area Plan should be maintained as
the detailed implementing guide for the area, and that the Area Plan should be amended as appropriate
for consistency with the General Plan.
The East of 101 Area Plan states that “the billboards and advertising signs in the East of 101 Area create
a visual barrier and negative first impression, especially for viewers travelling north on US 101.
Removal of these signs should be encouraged and no additional signs shall be allowed.”
The existing Clear Channel sign on the Union Pacific property is currently 46 feet 4 inches in height and
is the subject of a relocation agreement executed in 2000; the West Marine building is located adjacent to
the north of the sign site, and partially blocks visibility of this sign for vehicles traveling southbound on
US 101. To make the sign completely visible, the applicant is proposing to amend the relocation
agreement in order to raise the height by 20 feet, to a maximum height of 66 feet 4 inches.
To allow the proposed revisions to the existing static sign and to allow the relocation agreement
amendment to be consistent with the East of 101 Area Plan, the following amendments are proposed to
the Design Element policies:
Policy DE-32. No new off-site commercial advertising signs or billboards shall be permitted in the
East of 101 Area. Existing billboards may be renovated, replaced or relocated if the
City finds that the change would improve the visual character of the area.
Policy DE-33. The City shallshould work to remove all existing off-site commercial advertising signs
and billboards from the East of 101 area.
As noted above, the East of 101 Area Plan states that removal of these signs should be encouraged and
no additional signs shall be allowed. The proposed revisions would be in keeping with the intent of this
language, and would allow the City flexibility to continue to enter into relocation agreements for
renovations to existing signs located in the East of 101. The revision to Policy DE-32 would continue to
apply only to existing billboards, in keeping with the existing static billboard.
DEVELOPMENT AGREEMENT
The applicant and the City have negotiated a Development Agreement (“DA”) to clarify and obligate
Project features and mitigation measures, including annual fees, community service message display
time, and City branding.
Development Agreement Term
The term of the DA would be 30 years.
Fees and Taxes
The DA includes provisions that obligate Clear Channel to pay the City an annual amount of $80,000 for
the digital billboard ($40,000 per face) and $60,000 for the static billboard. In the event that the City
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Page 5 of 8
adopts a gross receipts tax in the future, Clear Channel’s annual payment of such gross receipts tax
would be deducted from Clear Channel’s annual payment obligation under the DA.
City Gateway Signs
Clear Channel will reimburse the City up to $250,000 for costs incurred with respect to design and
construction of City gateway signs as set forth in the City’s Gateway Master Plan.
Community Service Messages
Clear Channel will provide the City with free display time on the digital billboard (up to five hours per
month) for advertising the City, City-sponsored events, or other public service announcements.
The proposed DA is attached as Exhibit F to the Entitlements Resolution. Note that following a
recommendation by the Planning Commission, the DA will be considered by the City Council for
approval through adoption of an Ordinance. Any Planning Commission approvals contemplated by this
planning application would be conditioned upon the approval and execution of the DA.
RELOCATION AGREEMENTS
Terminal Project Relocation Agreement
The applicant and the City have negotiated a Relocation Agreement to obligate the removal of the
existing billboard at 1700 El Camino Real and allow the new digital billboard at 101 Terminal Court.
The terms of the Terminal Project Relocation Agreement are in keeping with the proposed zoning code
standards, including the removal of at least two billboard faces in the City. The Planning Commission
does not have review authority over relocation agreements, however, the proposed Terminal Project
Relocation Agreement is attached to this staff report as an informational item.
Union Pacific Project Relocation Agreement Amendment
To allow the construction of the Oyster Point Interchange/Hook Ramp Project, the City entered into a
Sign Relocation Agreement in October 2000. The agreement included the removal of four sign
structures on the west side of US 101 (on Terrabay property) and allowed the addition of a second sign
face to the existing billboard located on the Union Pacific Project site, as well as other considerations.
To allow the increased height of the existing billboard for the Union Pacific Project, an amendment to the
2000 Sign Relocation Agreement is required. The original agreement included the removal of four sign
structures, in keeping with the proposed standards. The Planning Commission does not have review
authority over relocation agreements, however, the proposed Union Pacific Project Relocation
Agreement Amendment is attached to this staff report as an informational item.
GENERAL PLAN CONFORMITY AND ZONING CONSISTENCY
The Terminal Project site is designated Community Commercial within the General Plan and is also
located within the Freeway Commercial Zoning District, which provides zoning for uses that benefit
from proximity to the Bayshore Freeway (US 101). As discussed above, the Terminal Project would
require amendments to the Zoning Ordinance to allow digital billboards subject to approval of a
Relocation Agreement and conformance with specific standards. Subject to approval of the Zoning
Ordinance amendments, the project would remain consistent with the intent and purpose of the General
Plan and comply with all digital billboard development standards.
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The Union Pacific Project site is designated Business Commercial within the General Plan and is also
subject to the East of 101 Area Plan. The site is located within the Freeway Commercial Zoning District,
which provides zoning for uses that benefit from proximity to the Bayshore Freeway. As discussed
above, the Union Pacific Project would require minor amendments to the East of 101 Area Plan in order
to allow the renovations to the static billboard subject to approval of a Relocation Agreement
Amendment. Subject to approval of the East of 101 Area Plan amendments, the Union Pacific Project
would remain consistent with the General Plan and comply with the Zoning Ordinance standards related
to signage.
DESIGN REVIEW BOARD
On August 21, 2012 the Design Review Board reviewed the proposed project. The Board did not believe
that a digital billboard was a positive addition to the City skyline, as they considered such signs too
bright and distracting. However, if the City determined to allow digital billboard signs, DRB had the
following comments:
1. Reduce the height of the sign, as the proposed sign is too massive and tall.
2. The proposed billboard will be partially blocking the historic Sign Hill sign from certain vantage
points. The digital billboard needs to have a monitoring device to control the brightness of the
light system.
3. Design the billboard so that the images are not visible from local businesses and residents (limit
visiblity to freeway traffic, to the extent possible).
4. The base of the billboard pole should be screened by tall landscaping.
The Initial Study/Mitigated Negative Declaration prepared for the project (see “Environmental Review”
section below) analyzed the impact of the proposed 70 foot tall billboard to views of Sign Hill, and found
that all three digital billboards that may be allowed on the west side of US 101 would contribute to
intermittent blockage of views toward Sign Hill, but that this blockage would be temporary from the
point of view of a moving vehicle and would not be considered a significant impact. The operating
standards included within the proposed Zoning Ordinance amendments would include requirements
related to ambient lighting levels and brightness. Finally, the base of the digital billboard pole is located
within an existing parking lot and will be surrounded by parking spaces. Staff is of the opinion that no
further revisions to the project design are necessary.
ENVIRONMENTAL REVIEW
Terminal Project
In accordance with the provisions of California Environmental Quality Act (“CEQA”), an Initial
Study/Mitigated Negative Declaration (“IS/MND”) was prepared for the Digital Billboard project.
Environmental issues were identified related to Aesthetics, Air Quality, Cultural Resources,
Hazards/Hazardous Materials and Transportation. Subject to the implementation of the mitigation
measures discussed below, the stated impacts would be reduced to a less-than-significant impact:
Aesthetics – The digital billboard will use LED technology to display messages on a lit screen,
and therefore could have an impact related to light and glare. The Aesthetics related mitigation
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measure requires that the applicant perform periodic field testing to demonstrate compliance with
a 0.3 footcandle increase over ambient light at 350 feet. If increases in ambient light are above
the allowed level, the dimming level shall be adjusted within 24 hours or the billboard shall not
be operated until the lighting levels can be brought into compliance.
Air Quality – Due to the non-attainment status of the air basin, the Bay Area Air Quality
Management District (BAAQMD) recommends that projects implement a set of Basic
Construction Mitigation Measures. The Air Quality related mitigation measure requires
construction contractors to implement all of these BAAQMD construction mitigation measures.
Cultural Resources – Given the site characteristics, coupled with the regional archaeological
sensitivity, there is a moderate potential of unrecorded Native American resources. The
mitigation measure requires that the applicant prepare and implement a cultural monitoring and
mitigation plan by a qualified archaeologist.
Hazards and Hazardous Materials – The site has not been assessed for the potential presence of
hazardous materials. During the installation process of the billboard, holes would be drilled and
the excavated soil would be transported offsite. The project will also include trenching to connect
the electrical supply. The first Hazards related mitigation measure would require the site to be
assessed for the presence of hazardous materials prior to construction activities, which, if present,
would be handled appropriately to ensure the impact would remain less than significant. The
second mitigation measure requires the applicant to properly dispose and/or recycle any materials
considered electronic waste.
Traffic – Significant effects could occur if the proposed digital billboard did not comply with
restrictions regarding location, intensity of light, light trespass, or other restrictions or includes
visual effects or driver interaction that would cause driver distraction. The first Traffic related
mitigation measure requires the applicant to submit an annual report regarding compliance with
operating standards. The second mitigation measure requires that the digital billboard comply
with operational safety standards, including no moving or flashing lights, and no installation of
technologies that would allow interaction with drivers, vehicles or any device located in vehicles.
The IS/MND was distributed to the State Clearinghouse and circulated for a 30-day public review on
June 25, 2013. Comment letters were submitted by City/County Association of Governments of San
Mateo County (“C/CAG”), which clarified that the proposed project and related zoning amendments
would not require a formal Airport Land Use Commission (“ALUC”)/ C/CAG consistency review, and
Caltrans, which clarified that the proposed location of the digital billboard is within a segment of
highway classified as Landscaped Freeway.
Union Pacific Project
The proposed Union Pacific Project has been determined to be categorically exempt from environmental
review under the provisions of CEQA (Class 2, Section 15302: Replacement or Reconstruction), which
provides an exemption for replacement or reconstruction projects which meet the following conditions:
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a. Replacement of a commercial structure with a new structure of substantially the same
size, purpose, and capacity.
The proposed change to the billboard is increased height only and the billboard will be located in the
same location, with the same purpose and capacity as the existing billboard. A “Clear Channel Billboard
Height Increase, Parcel Number 872-41-261 – Categorical Exemption Assessment” Memorandum
analyzing conformance with the appropriate criteria was prepared by Lamphier-Gregory and is attached
to this staff report (Attachment 5).
CONCLUSION
The proposed Clear Channel billboard projects will provide an additional source of revenue for the City,
promote economic development and expand the communication of community services along the US 101
corridor, in keeping with the General Plan and East of 101 Area Plan.
Therefore, staff recommends that the Planning Commission adopt the necessary resolutions
recommending that the City Council:
1. Adopt a Resolution making findings and recommending that the City Council adopt Initial
Study/Mitigated Negative Declaration ND12-0002; and
2. Adopt a Resolution making findings and recommending that the City Council approve Planning
Project P12-0021, including ZA12-0001, DR12-0008, SIGNS12-0013, DA15-0001, and GPA15-
0002 based on the draft findings and subject to the attached draft conditions of approval.
By:
Billy Gross, Senior Planner
Attachments:
1. Draft CEQA Resolution
Exhibit A: Terminal Project Initial Study/Mitigated Negative Declaration
Exhibit B: Response to Comments
Exhibit C: Mitigation Monitoring and Reporting Program
Exhibit D: Union Pacific Project CEQA Categorical Exemption Analysis
2. Draft Entitlements Resolution
Exhibit A: General Conditions of Approval
Exhibit B: East of 101 Area Plan Amendment
Exhibit C: Zoning Ordinance Chapter 20.360 Signs Amendment
Exhibit D: Terminal Project Plans
Exhibit E: Union Pacific Project Plans
Exhibit F: Development Agreement
3. Clear Channel Narrative
4. Design Review Board Minutes – August 21, 2012
5. Terminal Project Relocation Agreement
6. Union Pacific Project Relocation Agreement Amendment
2436157.1
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May 7, 2015 Minutes Page 3 of 5
Commission asked for clarification on the "No Alcohol" signage, whether it is in the patio area or beyond. Assistant
City Attorney Rosenberg recommended the Commission vote on the 6-month review modification and then modify that
condition to discuss the alcohol being subject to compliance with the State Department of Alcohol Beverage Control.
Associate Planner Thompson informed staff that the M-I District does not allow alcohol outside at all. Assistant City
Attorney Rosenberg asked for a short recess at 7:43pm to discuss alcohol in patio area. At 7:47pm, the meeting
resumed. Assistant City Attorney Rosenberg informed the Commission that alcohol is permitted in outdoor seating.
The issue is Use Permits are required for sidewalk dining but this is not sidewalk dining. He further advised that the
condition "No alcohol on patio" sign is not required. The Condition of Approval will require the applicant to comply with
all ABC requirements for service of alcohol.
Motion--Commissioner Nagales/Second-Commissioner Faria to modify Unit #2 Condition of Approval A-11 that
applicant shall comply with all Alcohol Beverage Control regulations regarding service of alcohol. Approved by
unanimous roll call vote (7-0).
Assistant City Attorney Rosenberg announced to the Commission that the delivery hours was not included with the
modifications and asked if they wanted to make another modification. Commission concurred to review the delivery
issue at the 6-month review. He further stated that since the main motion was made and second with 2
modifications, the Commission could now vote if there were no more modifications. Approve by unanimous roll call
vote (7-0).
3. Digital Billboards
Park N Fly/Owner
Clear Channel Outdoor/Applicant
101 Terminal Ct
P12-0021: ZA12-0001, SIGNS12-001, DR12-0008 & ND12-0002
Zoning Text Amendment to SSFMC Chapter 20.360 Signs to allow approval of digital billboards pursuant to a
relocation agreement, General Plan Amendment to revise the East of 101 Area Plan Design Elements related to
billboards, and billboard development including a Development Agreement, a Relocation Agreement, an
Amendment to a Relocation Agreement, Sign Permit, Design Review and Initial Study/Mitigated Negative
Declaration in order to allow for the installation of a 70 foot tall, double faced, digital billboard on property located
at 101 Terminal Court in exchange for the removal of one double-sided billboard along El Camino Real, and to
allow an existing double faced, static billboard on property located at the intersection of Dubuque Avenue and
Grand Avenue to be increased in height by 20 feet, together with other considerations, in accordance with
SSFMC Chapters 20.360, 20.540 and 20.550.
Chairperson Wong opened the public hearing and called for the staff report. Senior Planner Gross explained the
primary aspects of the project. Clear Channel is proposing two billboard projects. One proposal is a digital
billboard (Terminal Project) on the ParknFly lot at Terminal Court and the second is for an existing static billboard
(Union Pacific Project) near the CalTrain station.
Senior Planner Gross announced that Rebecca Gordon, Lamphier-Gregory, was available to answer questions
regarding the environmental review.
Bruce Qualls, representing Clear Channel, gave a brief statement commending staff on their work on this process.
There being no speakers, the public hearing was closed.
Commission's comments/questions:
Commission asked for clarification with the Department of Transportation regarding landscaped freeway.
Senior Planner Gross replied that all US101 within South San Francisco is considered landscape freeway
according to CalTrans’ standards but there is an allowance for digital billboards to be located subject to a
Relocation Agreement even if it is a landscaped freeway.
Commission expressed concern with the digital billboards brightness and intensification with the fog. Mr.
Qualls stated that lighting was addressed as a part of the environmental study. He further explained that the
light meters on the billboard monitor the ambient light to the extent that fog would reduce the amount of overall
light and power output. Clear Channel has been very cognizant of the brightness issues of other billboards so
as not to have complaints.
Commission inquired whether the Serramonte digital billboard sign was comparable in size to what is being
proposed. Mr. Qualls responded that the Serramonte sign is 14'x48' which is smaller than the proposed
Project sign, and gave references to other billboard signs.
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May 7, 2015 Minutes Page 4 of 5
Commission expressed concern whether this fits the community with size and scope of the project and
whether there is a possibility of reducing this sign size. Mr. Qualls responded that existing billboard signs on
either side are larger, and the proposed digital billboard sign will be visible among the existing billboards.
Commission expressed concern with sign motion distracting traffic. Mr. Qualls responded there has been no
correlation with motion and traffic distraction/safety.
Commission pointed out the amount of time allowed for community advertising is minimal and asked if it could
be increased. Mr. Qualls responded that the proposal guarantees 5 hours of advertising but Clear Channel is
willing to give more if not sold out at anytime.
Commission expressed concern with the time of day the City's advertisement would show. Mr. Qualls stated
there is no restricted time of day, the sign will be on between 6am to midnight, and Clear Channel would be
willing to increase the amount of hours.
Commission questioned the plans showing 58' height for sign and the reference 70' height. Senior Planner
Gross advised the Commission that 70' is the proposed height.
Commission asked for clarification that the proposal is not to add additional signs. Senior Planner Gross
stated that a new digital billboard application would have to go through a relocation agreement which would
require the removal of 2 existing sign faces.
Commission confirmed with staff that the maximum is 3 signs and asked for clarification of the approval
process. Senior Planner Gross stated future applications would go through the same process as the current
application. The Planning Commission would recommend to the City Council regarding the sign permit and the
relocation agreements would be subject to City Council approval.
Commission asked if the image could be reduced in the future should it impedes traffic. Mr. Qualls stated this
is going to be farther away so it won't appear too large.
Commission inquired about defaulting. Assistant City Attorney Rosenberg replied if there is a default under
the obligations of the relocation agreement the City can terminate the agreement and the billboard has to
come down within 90 days. He further advised unless there is a subsequent agreement at the term of 30
years the billboard has to come down.
Commission asked to have the increased amount of hours for community service added in the record. Mr.
Qualls wanted to clarify that it would be for the unsold space, one spot, anytime it is available. Assistant City
Attorney clarified the City display time with the relocation agreement now guarantees 5 hours a month but the
increase of unsold space, one spot, anytime it is available needs to be added into the relocation
agreement prior to going to City Council.
Motion--Vice Chairperson Khalfin/Second--Commissioner Lujan to adopt a resolution making Findings and
recommend the City Council adopt the Initial Study/Mitigated Negative Declaration (ND12-0002). Approved by roll
call vote (6-1).
Motion--Vice Chairperson Khalfin/Second-Commissioner Ruiz to adopt a resolution making Findings and
recommending the City Council approve P12-0021, ZA12-0001,DR12-0008, SIGNS12-0013, DA15-0001 and
GPA15-0002 based on the draft Findings and subject to the attached draft Conditions of Approval. Approved by
roll call vote (5-2)
ADMINISTRATIVE BUSINESS
ITEMS FROM STAFF
ITEMS FROM COMMISSION
Commissioner Ruiz for the record informed the Commission that he was recommended to meet with a Kaiser Rep on
April 24th to view the proposed MRI trailer site in which he gave his opinions. Commissioner Nagales also informed
the Commission of his meeting with Kaiser regarding their upcoming projects and he attended a townhall meeting for
Brookwood Equities project. Assistant City Attorney Rosenberg advised the Commission while they are welcome
to mention their exparte contacts, they are required to do it when it's the public hearing. He further recommended that
when they do meet outside the public hearing, not to express opinions until the public hearing. Chairperson Wong
informed the Commission that he also attended the Brookwood townhall meeting and met with Kaiser. Commissioner
Faria met with Kaiser on April 29th. Assistant City Attorney Rosenberg further advised that the Commission mention
this at the public hearing if it comes before the Commission. Commissioner Lujan was also contacted by Kaiser but
opted not to meet and suggested they share their presentation at a public meeting. Commissioner Lujan also attended
a Transportation Authorities Citizens Advisory Committee meeting in March, where the City was invited to apply for
grants for Affordable Housing and Sustainable Community Cap and Trade. She further mentioned that the City was
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Attachment 7
Planning Commission Resolutions
Resolution 2762-2015 – CEQA Resolution
Resolution 2763-2015 – Entitlements Resolution
265
Planning Commission Resolutions
Resolution 2762-2015 – CEQA Resolution
266
RESOLUTION NO.2762-2015
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT
THE CITY COUNCIL ADOPT THE INITIAL STUDY AND MITIGATED
NEGATIVE DECLARATION FOR THE CLEAR CHANNEL
BILLBOARD PROJECTS AT 101 TERMINAL COURT
WHEREAS, Clear Channel (“Applicant”) owns or has a legal equitable interest in a
property located at 101 Terminal Court (APN 015-113-160) (“Terminal Property”) and a
property located at the intersection of Dubuque Avenue and Grand Avenue (APN 872-41-261)
(“Union Pacific Property”); and,
WHEREAS, Applicant has submitted a development proposal to construct, operate and
maintain an off-premise digital message center display (“Digital Billboard”) at the Terminal
Property (“Terminal Project”), and to increase the height of an existing static billboard (“Existing
Billboard”) by twenty (20) feet at the Union Pacific Property (“Union Pacific Project”); and,
WHEREAS, the Terminal Project and Union Pacific Project may be collectively referred
to herein as (“Project”); and,
WHEREAS, Applicant seeks approval of an Area Plan Amendment, a Zoning Text
Amendment, Development Agreement, Relocation Agreement, Amendment to an existing
Relocation Agreement, Sign Permit, and Design Review; and,
WHEREAS, approval of Clear Channel’s proposal is considered a “Project” as that term
is defined under the California Environmental Quality Act, Public Resources Code Sections
21000, et seq. (“CEQA”); and,
WHEREAS, in accordance with CEQA, an initial study was performed, the result of
which was preparation and circulation of a mitigated negative declaration (“IS/MND”) analyzing
the proposed Terminal Project and concluding that approval of the Terminal Project could not
have a significant effect on the environment because the impacts of the Terminal Project could
all be mitigated to levels below established CEQA thresholds of significance with the adoption
of mitigation measures and enforcement of such measures through a Mitigation Monitoring and
Reporting Program (“MMRP”); and,
WHEREAS, the IS/MND was provided to the State Clearinghouse and circulated for a
30-day public review period, beginning on June 25, 2013, during which time members of the
public were invited to comment on the environmental analysis and conclusions for the proposed
Project; and,
WHEREAS, two comment letters were submitted on the IS/MND, from the City/County
Association of Governments of San Mateo County (“C/CAG”) and the California Department of
Transportation; none of said letters raised a significant environmental issue or alleged that the
267
IS/MND was legally inadequate; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to take public
comment and consider action on the IS/MND; and,
WHEREAS, the Planning Commission has reviewed and carefully considered the
information in the IS/MND, including all comment letters submitted, and makes the findings
contained in this Resolution, and recommends that the City Council adopt the IS/MND, as an
objective and accurate document that reflects the independent judgment and analysis of the City
in the discussion of the Project’s environmental impacts; and,
WHEREAS, the Union Pacific Project is categorically exempt under CEQA as a Class 2
Categorical Exemption for projects that replace a commercial structure with a new structure of
substantially the same size, purpose, and capacity, as set forth in greater detail below.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, the California Environmental Quality Act, Public
Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of
Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the
South San Francisco Municipal Code; the Project application; the Terminal Project Plans, as
prepared by Vincent Kevin Kelly & Assoc., Inc., dated March 4, 2015; the Union Pacific Project
Plans, as prepared by Vincent Kevin Kelly & Assoc., Inc., dated April 27, 2015; the 101
Terminal Court Clear Channel Billboard Project and Related Zoning Amendment Initial
Study/Mitigated Negative Declaration, including all appendices thereto; all site plans, and all
reports, minutes, and public testimony submitted as part of the Planning Commission’s duly
noticed May 7, 2015 meeting; and any other evidence (within the meaning of Public Resources
Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco
hereby finds as follows:
1. The foregoing Recitals are true and correct and made a part of this Ordinance.
2. The exhibits and attachments, including the Terminal Project Initial Study/Mitigated
Negative Declaration (attached as Exhibit A), the Response to Comments (attached as Exhibit
B), the Mitigation Monitoring and Reporting Program (attached as Exhibit C), and the Union
Pacific Project CEQA Categorical Exemption Analysis (attached as Exhibit D), are incorporated
by reference and made a part of this Resolution, as if set forth fully herein.
3. The documents and other material constituting the record for these proceedings are
located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South
San Francisco, CA 94080, and in the custody of the Director of Economic and Community
Development, Alex Greenwood.
4. The proposed Project is consistent with the City of South San Francisco General Plan, as
proposed for amendment, because the land uses proposed are compatible with the goals, policies,
and land use designations established in the General Plan (see Gov’t Code, § 65860), and none of
the land uses will operate to conflict with or impede achievement of the any of the goals,
policies, or land use designations established in the General Plan.
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5. Based on the Planning Commission’s independent judgment and analysis, the Planning
Commission recommends that the City Council make the following findings regarding the
environmental analysis of the Terminal Project:
a. In October 1999, the City Council certified an Environmental Impact Report for
the General Plan; in 2001 the City Council certified a Supplemental Environmental Impact
Report for updates to the General Plan. CEQA allows for streamlined approval of actions that are
consistent with adopted General Plans for which an EIR was certified. (Pub. Resources Code,
§ 21083; CEQA Guidelines, §§ 15152, 15183.) An initial study was prepared for the proposed
Project and a mitigated negative declaration analyzed the potential for impacts that were peculiar
to the Project or not analyzed as significant impacts in the General Plan EIR, or Supplemental
EIR. The IS/MND, which expressly considers the City’s previous EIRs, concludes that approval
of the Project will not result in any significant environmental impacts.
b. Design features of the Terminal Project, as well as the mitigation measures
proposed in the IS/MND and included in the MMRP, will operate to ensure the impacts of the
proposed Terminal Project will not exceed established CEQA thresholds of significance.
Therefore, and as further documented in the IS/MND for the Terminal Project, additional
mitigation measures beyond those established in the MMRP are not required for the Terminal
Project.
c. For the reasons stated in this Resolution, the Planning Commission finds that
there is no substantial evidence in the record supporting a fair argument that approval of the
Terminal Project will result in a significant environmental effect.
6. Based on the Planning Commission’s independent judgment and analysis, the Planning
Commission recommends that the City Council find that the Union Pacific Project falls within
the Categorical Exemption set forth in CEQA Guidelines Section 15302/Class 2, which exempts
from the provisions of CEQA the replacement of a commercial structure with a new structure of
substantially the same size, purpose, and capacity, because it meets the following conditions:
a. The proposed Union Pacific Project is in the same location, with only the height
of the sign changing, has the same purpose as a highway-facing double-sided off-site
advertisement billboard, and has the same number and size of sign faces as the existing
structure.
The Planning Commission also recommends that the City Council find that none of the
exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply
to the Union Pacific Project.
BE IT FURTHER RESOLVED that the Planning Commission of the City of South San
Francisco hereby recommends that the City Council adopt ND12-0002, including the
Assessment of Project Changes memo, attached as Exhibit A, subject to the MMRP attached as
Exhibit C.
BE IT FURTHER RESOLVED that the Resolution shall become effective immediately
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upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the
City of South San Francisco at a regular meeting of the Planning Commission held on the 7th day
of May, 2015 by the following vote:
AYES:________________________________________________________________
NOES:________________________________________________________________
ABSTENTIONS:________________________________________________________
ABSENT:______________________________________________________________
Attest:__________________________________
Secretary to the Planning Commission
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Planning Commission Resolutions
Resolution 2763-2015 – Entitlements Resolution
271
RESOLUTION NO.2763-2015
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO
THE EAST OF 101 AREA PLAN, A ZONING TEXT AMENDMENT, A
DEVELOPMENT AGREEMENT, AND AN AMENDMENT TO A RELOCATION
AGREEMENT; AND CONDITIONALLY APPROVING A SIGN PERMIT AND
DESIGN REVIEW, TO ALLOW FOR THE INSTALLATION OF A 70 FOOT
TALL, DOUBLE FACED, DIGITAL BILLBOARD ON PROPERTY LOCATED
AT 101 TERMINAL COURT IN EXCHANGE FOR REMOVAL OF ONE
DOUBLE SIDED BILLBOARD ALONG EL CAMINO REAL, AND TO ALLOW
AN EXISTING DOUBLE FACED, STATIC BILLBOARD ON PROPERTY
LOCATED AT THE INTERSECTION OF DUBUQUE AVENUE AND GRAND
AVENUE TO BE INCREASED BY 20 FEET, TOGETHER WITH OTHER
CONSIDERATIONS.
WHEREAS, Clear Channel (“Applicant”) owns or has a legal equitable interest in a
property located at 101 Terminal Court (APN 015-113-160) (“Terminal Property”) and a
property located at the intersection of Dubuque Avenue and Grand Avenue (APN 872-41-261)
(“Union Pacific Property”); and,
WHEREAS, Applicant has submitted a development proposal to construct, operate and
maintain an off-premise digital message center display (“Digital Billboard”) at the Terminal
Property (“Terminal Project”), and to increase the height of an existing static billboard (“Existing
Billboard”) by twenty (20) feet at the Union Pacific Property (“Union Pacific Project”); and,
WHEREAS, the Terminal Project and Union Pacific Project may be collectively referred
to herein as (“Project”); and,
WHEREAS, Applicant seeks approval of an Area Plan Amendment, a Zoning Text
Amendment, Development Agreement, Relocation Agreement, Amendment to an existing
Relocation Agreement, Sign Permit, and Design Review; and,
WHEREAS, approval of the Applicant’s proposal is considered a “project” for purposes
of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”);
and,
WHEREAS, on May 7, 2015 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to solicit public comment and consider the
Initial Study/Mitigated Negative Declaration (“IS/MND”) and the proposed entitlements, take
public testimony, and make a recommendation to the City Council on the Project; and,
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WHEREAS, the Planning Commission reviewed and carefully considered the
information in the IS/MND, and by separate resolution, recommends the City Council adopt the
IS/MND, as an objective and accurate document that reflects the independent judgment and
analysis of the City in the discussion of the Project’s environmental impacts.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, the California Environmental Quality Act, Public
Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of
Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the
South San Francisco Municipal Code; the Project applications; the Terminal Project Plans, as
prepared by Vincent Kevin Kelly & Assoc., Inc., dated March 4, 2015; the Union Pacific Project
Plans, as prepared by Vincent Kevin Kelly & Assoc., Inc., dated April 27, 2015; the Clear
Channel Billboard Project and Related Zoning Amendment Initial Study/Mitigated Negative
Declaration, including all appendices thereto; all site plans, and all reports, minutes, and public
testimony submitted as part of the Planning Commission’s duly noticed May 7, 2015 meeting;
and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2),
the Planning Commission of the City of South San Francisco hereby finds as follows:
A. General Findings
1. The foregoing recitals are true and correct.
2. The Exhibits attached to this Resolution, including the Conditions of Project
Approval (Exhibit A), the East of 101 Area Plan Amendment (Exhibit B), Zoning Ordinance
Chapter 20.360 Amendments (Exhibit C), the Terminal Project Plans (Exhibit D), the Union
Pacific Project Plans (Exhibit E), and the Development Agreement (Exhibit F) are each
incorporated by reference and made a part of this Resolution, as if set forth fully herein.
3. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of the Director of Economic and Community
Development, Alex Greenwood.
B. East of 101 Area Plan Amendment
1. The Area Plan, as proposed for amendment, implements and is consistent with the
General Plan. The 1999 General Plan includes policies encouraging the City to consider
opportunities for enhancement of financing tools in order to fund various economic development
initiatives and to actively market South San Francisco. The existing billboard on the Union
Pacific Property was allowed to install a second sign face as part of a 2000 Sign Relocation
Agreement that removed four sign structures from the west side of U.S. Highway 101 to allow
the construction of the Oyster Point Interchange/Hook Ramp. The Union Pacific Project would
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amend the East of 101 Area Plan to allow for renovations to existing billboards in the East of
101, and includes provisions for additional revenue for a period of 30 years, subject to the terms
of the Project entitlements including the proposed Development Agreement and Union Pacific
Project Relocation Agreement Amendment. Further, approval of the U.P Project, including the
proposed Development Agreement and Union Pacific Project Relocation Agreement
Amendment, will not impede achievement of, and is consistent with, applicable General Plan
policies.
2. The Area Plan, as proposed for amendment, implements and is consistent with
other provisions of the East of 101 Area Plan, which the General Plan identifies as the guide for
detailed implementation of General Plan policies. Policy LU-1 states that developments should
be evaluated based on their merits and the net benefits they will provide to the East of 101 Area
and the City as a whole. The existing billboard on the Union Pacific Property was allowed to
install a second sign face as part of a 2000 Sign Relocation Agreement that removed four sign
structures from the west side of U.S. Highway 101 to allow the construction of the Oyster Point
Interchange/Hook Ramp. The Union Pacific Project would amend the East of 101 Area Plan to
allow for renovations to existing billboards in the East of 101, and includes provisions for
additional revenue for a period of 30 years, subject to the terms of the Project entitlements
including the proposed Development Agreement, and Union Pacific Project Relocation
Agreement Amendment. In addition, the proposed project is consistent with the Design Policies
of the East of 101 Area Plan.
3. The Area Plan, as proposed for amendment, will not be detrimental to the public
interest, health, safety, convenience, or welfare of the City, because the amendments would
allow for renovations to existing billboard signs only, and would not revise the prohibition on
new billboards in the East of 101 area. Any revisions to existing billboard signage would
continue to be required to be developed in conformance with the applicable standards included in
Chapter 20.110 (Employment Districts) and Chapter 20.360 (Signs).
4. The Area Plan, as proposed for amendment, area is physically suitable for the
type and intensity of the land use being proposed, because the amendments would allow for
renovations to existing billboard signs only. The existing billboards within the East of 101 Area
Plan area are located in the Freeway Commercial zoning district, which is intended for uses that
benefit from proximity to U.S. Highway 101.
C. Zoning Text Amendment
1. The proposed zoning amendments are consistent with the adopted General Plan
because they establish regulations that balance the need of different users for adequate
identification, communication and advertising with the objectives of protecting the public and
promoting a visually attractive community. By allowing the installation of digital billboards
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subject to a relocation agreement and sign permit, the proposed zoning amendments will assist
the City in removing existing static billboards from unwanted locations and replacing with
digital signage that provide more timely messaging, strengthen and promote economic
development objectives and actively market South San Francisco. The proposed text
amendments related to the regulation of digital billboards will remain consistent with the City’s
General Plan vision for community and economic development by promoting economic
development within the City, expanding the communication of community services, and
providing an additional source of revenue for the City. The proposed text amendments will not
impede achievement of any of the goals, policies, or land use designations established in the
General Plan is consistent with the General Plan, including the East of 101 Area Plan (as
proposed for amendment).
2. The proposed zoning amendments related to digital billboards would only affect
properties in non-residential districts west of and adjacent to U.S. Highway 101 and have been
designed to be appropriate for surrounding uses. The proposed standards would generally be
suitable in terms of architectural compatibility, consistency with area character, legibility,
readability, finish and visibility, and other considerations deemed relevant by the Planning
Commission and City Council because appropriate performance standards for digital billboards,
including operational limitations related to static messages, maximum lighting levels, a
requirement for a light sensing device that adjusts the sign brightness as ambient light conditions
change, and location limitations, have been included and would be applied to projects on a case-
by-case basis to minimize visual impacts. The suitability for the potential digital billboard sites
was analyzed in the environmental document prepared for the Project.
3. The proposed zoning amendments related to digital billboards would not result in
any change of zoning districts and therefore would not be detrimental to the use of land in any
adjacent zone.
D. Design Review
1. The Project, including Design Review, is consistent with Title 20 of the South
San Francisco Municipal Code because as submitted through the Design Review Process, the
signage complies with the applicable standards included in Chapter 20.110 (Employment
Districts) and Chapter 20.360 (Signs).
2. The Project, including Design Review, is consistent with the General Plan and the
East of 101 Area Plan because the proposed signs are consistent with the design policies and
design direction provided in the South San Francisco General Plan and East of 101 Area Plan, as
proposed for amendment. The proposed Terminal Project Digital Billboard will further General
Plan policies to actively market South San Francisco by including the City name on the sign
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structure.
3. The Project, including Design Review, complies with any applicable design
guidelines adopted by the City Council in that the proposed signage is consistent with the
Employment Development Standards and Supplemental Regulations included in Sections
20.110.003 & 20.110.004 and with the Design Principles in Section 20.360.003.
4. The Project is consistent with the applicable design review criteria in Section
20.480.006 (“Design Review Criteria”) because the project has been evaluated against, and
found to be consistent with, each of the eight design review criteria included in the “Design
Review Criteria” section of the Ordinance.
E. Development Agreement
1. The Owner and City have negotiated a Development Agreement pursuant to
Government Code section 65864 et seq. The Development Agreement, attached hereto as
Exhibit F, sets for the duration, property, project criteria, and other required information
identified in Government Code section 65865.2. Based on the findings in support of the Project,
the Planning Commission finds that the Development Agreement, vesting a project for a new
digital billboard and a renovation to an existing static billboard, is consistent with the objectives,
policies, general land uses and programs specified in the South San Francisco General Plan, the
East of 101 Area Plan as proposed for amendment, and any applicable zoning regulations.
2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for the land use district in which the real property is located. The subject
site is suitable for the type and intensity of the land use being proposed. The General Plan
specifically contemplates the proposed type of project and the suitability of the site for
development was analyzed thoroughly in the environmental document prepared for the Project.
3. The Development Agreement is in conformity with public convenience, general
welfare and good land use practice in that the project will implement guidelines set forth in the
General Plan and the East of 101 Area Plan which encourage the City to consider opportunities
for enhancement of financing tools in order to fund various economic development initiatives
and to actively market South San Francisco.
4. The Development Agreement will not be detrimental to the health, safety and
general welfare because the project will proceed in compliance with all of the policies and
programs specified in the General Plan and the East of 101 Area Plan and in compliance with all
applicable zoning, subdivision, and building regulations of the City of South San Francisco.
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5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values in that the project will be consistent with the
General Plan and the East of 101 Area Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of
Approval, attached as Exhibit A to this resolution, the Planning Commission of the City of South
San Francisco hereby makes the findings contained in this Resolution, and recommends that the
City Council adopt a resolution approving the East of 101 Area Plan Amendment (attached as
Exhibit B).
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council adopt an ordinance adopting the Zoning Ordinance Chapter 20.360 Signs Amendments
(attached as Exhibit C).
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council adopt an ordinance approving the Development Agreement between the City of South
San Francisco and Clear Channel Outdoor, LLC (attached as Exhibit F).
BE IT FURTHER RESOLVED that the Planning Commission hereby conditionally
approves the Sign Permit and Design Review.
BE IT FURTHER RESOLVED that the Planning Commission approvals stated herein
are conditioned upon the City Council’s approval of the Zoning Ordinance Chapter 20.360 Signs
Amendments; the East of 101 Area Plan Amendments; the Development Agreement between the
City of South San Francisco and Clear Channel Outdoors, LLC; the Terminal Project Relocation
Agreement between the City of South San Francisco and Clear Channel Outdoors, LLC; and the
Union Pacific Project Relocation Agreement Amendment between the City of South San
Francisco and Clear Channel Outdoors, LLC.
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BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the
City of South San Francisco at the regular meeting held on the 7th day of May, 2015 by the
following vote:
AYES: Chairperson Wong, Vice Chairperson Khalfin, Commissioner Faria, Commissioner
Lujan, Commissioner Martin, Commissioner Nagales and Commissioner Ruiz
NOES:________________________________________________________________
ABSTENTIONS:________________________________________________________
ABSENT:______________________________________________________________
Attest: /s/Alex Greenwood
Alex Greenwood
Secretary to the Planning Commission
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Attachment 8
Powerpoint Presentation
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City Council
August 26, 2015
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Union Pacific Project Site
East Grand Ave
Terminal Project Site 281
Terminal Project Site 282
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Proposed View from US 101, Facing North
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Proposed View from US 101, Facing South
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Union Pacific Project Site
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Existing Billboard
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Amend 20.360.002.A “Relocation Agreements”
Digital Billboards located in non-residential district
adjacent to US 101
Installation of Digital Billboard results in reduction of
at least 2 billboard faces in SSF
Will advance adopted polices in GP and any
applicable Specific or Area Plan
Operated in accordance with the operating standards
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Amend 20.360.006 to include Digital Billboard category
Maximum of 3 digital billboards within SSF
Messages must be static, display time of 8 seconds
Maximum size of 1,200 square feet
Maximum lighting levels
Light sensing device that adjusts brightness as ambient light conditions change
Limits allowable locations
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Policy DE-32. No new off-site commercial
advertising signs or billboards shall be permitted
in the East of 101 Area. Existing billboards may
be renovated, replaced or relocated if the City
finds that the change would improve the visual
character of the area.
Policy DE-33. The City shallshould work to
remove all existing off-site commercial
advertising signs and billboards from the East of
101 area.
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Term
30 years
Fees
Annual Payment of $80,000 for digital billboard
Annual Payment of $60,000 for static billboard
City Messaging Signs
Reimburse up to $250,000 for City gateway signs
Reimburse up to $30,000 for community messaging sign
Community Service Messages
Up to ~10 hours per month
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Removed Billboard
Costco
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That the City Council conduct a public hearing and take the following actions: 1.Adopt a Resolution making findings and adopt Initial Study/Mitigated Negative Declaration;
2.Introduce an Ordinance making revisions to Chapter 20.360 related to Signs, and waive further reading;
3.Adopt a Resolution making findings and approving Planning Project P12-0021, including Area Plan Amendment, Design Review, Sign Permit, Relocation Agreement and Amendment to Relocation Agreement based on the attached draft findings and subject to the attached draft conditions of approval; and,
4.Introduce an Ordinance adopting a Development Agreement.
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