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HomeMy WebLinkAboutOrd. 1563-2018 (18-869)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1563 -2018 File Number: 18 -869 Enactment Number: ORD 1563 -2018 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for the City of South San Francisco ( "City ") adopted a comprehensive update to the City's zoning ordinance, which repealed the then - existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title 20 that, among other actions, established new zoning districts, revised and reformatted many then - existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards ( "Zoning Ordinance "); and WHEREAS,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 ( "Zoning Ordinance 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 City Council adopted an Initial Study/Mitigated Negative Declaration ( "IS /MND ") on August 26, 2015 (State Clearinghouse number 2013062062) in accordance with the provision of CEQA and CEQA Guidelines, which analyzed the potential environmental impacts of billboards along the west side of U.S. Highway 101; and WHEREAS, pursuant to CEQA Guidelines Section 15164, an addendum to the IS /MND was prepared for the Outfront Media Digital Billboard Project ( "2018 Addendum ") analyzing the potential impacts of billboards along the east side of U.S. Highway 101, which was considered and recommended to the City Council for approval by a separate resolution of the Planning Commission; and WHEREAS, on June 7, 2018 the Planning Commission for the City of South San Francisco held a properly noticed public hearing, at which time interested parties had the opportunity to be heard, to review the Project and the 2018 Addendum, as well as supporting documents, at the conclusion of which the Planning Commission recommended that the City Council find that the 2018 Addendum is the appropriate environmental document and approve the Project, and, City of South San Francisco Page 1 File Number. 18 -869 Enactment Number: ORD 1563 -2018 WHEREAS, the City Council held a duly noticed public hearing on July 25, 2018 which was continued to September 12, 2018, to consider the 2018 Addendum, the Area Plan Amendment, Zoning Text Amendment, Development Agreement and Relocation Agreement and take public testimony; 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 Zoning Ordinance IS/ND or IS /MND prepared and circulated for the siting of billboards along U.S. Highway 101, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. WHEREAS, the City Council reviewed and carefully considered the information in the 2015 IS /MND and the 2018 Addendum, and by separate resolution, finds that the 2018 Addendum is the appropriate environmental document; and, 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: 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 2015 Initial Study / Mitigated Negative Declaration prepared for the siting of billboards along the west side of U.S. Highway 101 ( "101 Terminal Court Clear Channel Billboard Project ") and Related Zoning Amendment, including all written comments received; the 2018 Addendum to Initial Study / Mitigated Negative Declaration for the 101 Terminal Court Clear Channel Billboard Project; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on June 7, 2018; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on July 25, 2018 which was continued to September 12, 2018; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). City of South San Francisco Page 2 File Number: 18 -869 Enactment Number. ORD 1563 -2018 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 Planning Manager. 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 and 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 east of and adjacent to U.S. Highway 101 and have been designed to be appropriate for surrounding uses. The existing standards ensure that proposed projects are 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 the 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, are included in the existing standards and would be applied to the proposed Project, as well as to any future digital billboard projects, to minimize visual impacts. The suitability for the potential digital billboard sites, to the extent foreseeable, was analyzed in the environmental document prepared for the Project. 3. The proposed zoning amendments allow digital billboards in a discrete area adjacent to U.S. Highway 101 in non - residential districts. The use of digital billboards in this area is consistent and harmonious with surrounding urban uses. 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. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. City of South San Francisco Page 3 File Number: 18 -869 Enactment Number: ORD 1563 -2018 A. Amend Section 20.360.002(A) to clarify when digital billboards can be allowed pursuant to 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. 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 for every digital billboard face installed. If a billboard applicant does not have sufficient existing billboard faces to remove within the City, the billboard applicant may request the City enter into a development agreement that will set forth the terms and conditions under which the billboard installation will be permitted to operate. The terms and conditions of such a development agreement may include, but are not limited to, the payment of fees, charges, and contributions as mutually agreed, and any such other terms which promote the public health, safety, and welfare in -lieu of applicant removing existing billboard(s) in order to satisfy the 2:1 removal -to- placement ratio requirement, as set forth in this subsection. 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). City of South San Francisco Page 4 File Number. 18 -869 Enactment Number: ORD 1563 -2018 B. Amend Section 20.360.006(Q) to clarify the allowed location of digital billboards along the US 101 corridor, as follows: 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 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 City of South San Francisco Page 5 File Number. 18 -869 Enactment Number: ORD 1563 -2018 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, and shall be located on parcels immediately adjacent to U.S. Highway 101. Notwithstanding the foregoing, Digital Billboards shall not be permitted on parcels adjacent to San Bruno Mountain or in a location that significantly blocks views of San Bruno Mountain. 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 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 12th day of September 2018. At a meeting of the City Council on 9/26/2018, a motion was made by Mark Addiego, seconded by Pradeep Gupta, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Garbarino, Councilmember Gupta, and Councilmember Addiego City of South San Francisco Page 6 File Number: 18 -869 Enactment Number: ORD 1563 -2018 Attest by Krista Mart' e i Liza Normandy, Mayor City of South San Francisco Page 7