HomeMy WebLinkAbout2018-09-12 e-packet@7:00Wednesday, September 12, 2018
7:00 PM
City of South San Francisco
P.O. Box 711
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
City Council
Regular Meeting Agenda
September 12, 2018City Council Regular Meeting Agenda
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.
LIZA NORMANDY, Mayor
KARYL MATSUMOTO, Mayor Pro Tempore
RICHARD A. GARBARINO, Councilman
MARK ADDIEGO, Councilman
PRADEEP GUPTA, Councilman
FRANK RISSO, City Treasurer
KRISTA MARTINELLI, City Clerk
MIKE FUTRELL, City Manager
JASON ROSENBERG, City Attorney
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CITY COUNCIL MEETINGS
In accordance with California Government Code Section 54957.5, any writing or document that is a public
record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular
meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If,
however, the document or writing is not distributed until the regular meeting to which it relates, 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.
Page 2 City of South San Francisco Printed on 10/24/2018
September 12, 2018City Council Regular Meeting Agenda
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
ANNOUNCEMENTS FROM STAFF
PRESENTATIONS
Presentation of certificates of recognition to Sergeants Ken Chetcuti and Mike
Toscano of the South San Francisco Police Department and Emergency Services
Manager Ken Anderson of the South San Francisco Fire Department for being
honored by the South San Francisco Lions’ Club for their outstanding community
service. (Karyl Matsumoto, Mayor Pro Tem)
1.
Presentation of Beautification Awards. (Greg Mediati, Parks Manager)2.
Presentation of the City of South San Francisco, in cooperation with the South San
Francisco Sister Cities Association, to host a float celebrating the visit and exchange
with Sister City Lucca, Italy, in the 150th Italian Heritage Parade on Sunday, October
7, 2018, in San Francisco. (Sheri Boles, Community Programs Manager)
3.
PUBLIC COMMENTS
COUNCIL COMMENTS/REQUESTS
Page 3 City of South San Francisco Printed on 10/24/2018
September 12, 2018City Council Regular Meeting Agenda
PUBLIC HEARING
Report recommending approval of an Amendment to the East of 101 Area Plan, a
Zoning Text Amendment, a Development Agreement and a Relocation Agreement to
allow for the installation of a 60 foot tall, double faced, digital billboard on property
located at 180 S Airport in exchange for removal of one double sided billboard along
San Mateo Ave and one single sided billboard along El Camino Real, together with
other considerations. (Billy Gross, Senior Planner)
4.
Resolution making findings and determining that the 2018 Addendum to the 2015
Initial Study/Mitigated Negative Declaration is the appropriate environmental
document for the Outfront Media Digital Billboard Project.
4a.
Ordinance making modifications to the South San Francisco Zoning Code related to
Signage Citywide.
4b.
Resolution approving of an Amendment to the East of 101 Area Plan and a Relocation
Agreement to allow for the installation of a 60 foot tall, double faced, digital billboard
on property located at 180 S Airport in exchange for removal of one double-sided
billboard along San Mateo Ave (at Lowrie Ave) and one single-sided billboard on El
Camino Real north of Arroyo Blvd, together with other considerations.
4c.
Ordinance adopting a Development Agreement to allow for the installation of a 60 foot
tall, double faced, digital billboard on property located at 180 S Airport in exchange for
removal of one double-sided billboard along San Mateo Ave (at Lowrie Ave) and one
single-sided billboard on El Camino Real north of Arroyo Blvd.
4d.
Report regarding holding a public hearing on the Program Year (PY) 2017-18
Consolidated Annual Performance and Evaluation Report for the Community
Development Block Grant Program and consideration of adopting a resolution
approving the PY 2017-18 CAPER and authorizing its submittal to the U.S.
Department of Housing and Urban Development. (Heather Ruiz, Acting Community
Development Coordinator)
5.
Resolution approving the Program Year (PY) 2017-18 Consolidated Annual
Performance and Evaluation Report for the Community Development Block Grant
Program and authorizing its submittal to the U.S. Department of Housing and Urban
Development.
5a.
Report regarding a resolution approving the non-summary vacation of a public utility
easement at 988 El Camino Real (Current South City Car Wash) to allow for
development of properties. (Matthew Ruble, Senior Civil Engineer)
6.
Resolution approving the non-summary vacation of a public utility easement at 988 El
Camino Real (Current South City Car Wash) to allow for development of properties.
6a.
Page 4 City of South San Francisco Printed on 10/24/2018
September 12, 2018City Council Regular Meeting Agenda
Report regarding ordinances repealing and replacing South San Francisco Municipal
Code Chapter 20.380 “Inclusionary Housing Regulations” and Chapter 20.390 “Bonus
Residential Density” to update the City’s inclusionary affordable housing program to
include residential rental developments, revise requirements for residential for-sale
developments, and conform to new State density bonus law; a resolution adopting a
new affordable housing in-lieu fee; and information regarding a possible impact fee
offset for inclusionary projects. (Nell Selander, Economic & Community Development
Deputy Director)
7.
Ordinance repealing and replacing South San Francisco Municipal Code Chapter
20.380, Inclusionary Housing Regulations, to update the City of South San
Francisco’s inclusionary affordable housing program to include residential rental
developments and revise requirements for residential for-sale developments.
7a.
Ordinance repealing and replacing South San Francisco Municipal Code Chapter
20.390, Bonus Residential Density, to update the City of South San Francisco’s
regulations implementing the State Density Bonus.
7b.
Resolution Adopting In Lieu Fee Under Inclusionary Housing Ordinance.7c.
ADMINISTRATIVE BUSINESS
Report regarding a Resolution waiving the Childcare Impact Fee at the request of
Beacon Communities, Inc., developer of the Rotary senior housing project at 300
Miller Avenue. (Deanna Talavera, Management Analyst II)
8.
Resolution approving a waiver of the Childcare Impact Fee at the request of Beacon
Communities, Inc., developer of the Rotary senior housing project at 300 Miller
Avenue, in the amount of $148,080.
8a.
Report regarding a motion to approve the structure of the Community Advisory
Committee for the General Plan update. (Marian Lee, Assistant City Manager)
9.
Report regarding a resolution authorizing the acceptance of $20,350 in sponsorships
for the Concert in the Park event on Saturday, September 22, 2018 at Orange
Memorial Park, and amending the Parks and Recreation Department’s Fiscal Year
2018-19 Operating Budget pursuant to budget amendment #19.017. (Sharon Ranals,
Director of Parks and Recreation)
10.
Resolution authorizing the acceptance of $20,350 in sponsorships for the Concert in
the Park event on Saturday, September 22, 2018 at Orange Memorial Park, and
amending the Parks and Recreation Department’s Fiscal Year 2018-19 Operating
Budget pursuant to budget amendment #19.017.
10a.
Page 5 City of South San Francisco Printed on 10/24/2018
September 12, 2018City Council Regular Meeting Agenda
Report regarding an ordinance amending the contract between the Board of
Administration, California Public Employees’ Retirement System and the City of
South San Francisco to increase Classic Safety member contributions to pension.
(Leah Lockhart, Human Resources Director)
11.
Ordinance of the City Council of the City of South San Francisco authorizing an
amendment to the contract between the City of South San Francisco and the Board of
Administration of the California Public Employees’ Retirement System.
11a.
CONSENT CALENDAR
Motion to approve the Minutes for the meetings of August 8, 2018 and August 22,
2018.
12.
Motion confirming payment registers for September 12, 2018. (Richard Lee, Director
of Finance)
13.
Report regarding a motion to accept the construction improvements of the Street
Rehabilitation Program Project FY 2017-18 (CIP Project No. st1705) as complete in
accordance with plans and specifications (Total Construction Cost $2,868,470). (Matt
Ruble, Sr. Civil Engineer)
14.
Report regarding a resolution approving the Funding Agreement with the Metropolitan
Transportation Commission for the design and construction phases of the Innovative
Deployments to Enhance Arterial Category 1 Project allowing the City to obtain
Federal funds for reimbursement in the amount of $565,330, and authorizing a total
project budget of $780,808, and approving budget amendment 19.015. (Richard Cho,
Principal Engineer)
15.
Resolution approving the Funding Agreement with the Metropolitan Transportation
Commission for the design and construction phases of the Innovative Deployments to
Enhance Arterial Category 1 Project allowing the City to obtain Federal funds for
reimbursement in the amount of $565,330, for a total project budget amount not to
exceed $780,808, amend the fiscal year 2018-19 Capital Improvement Program for
project number tr1902 and approve budget amendment 19.015.
15a.
Report regarding a resolution approving the final subdivision map for 200 Linden
Avenue, authorizing the City Manager to execute the subdivision improvement
agreement, and authorizing the recordation of the final map, the subdivision
improvement agreement and all related documents. (Patrick Caylao, Associate Civil
Engineer)
16.
Page 6 City of South San Francisco Printed on 10/24/2018
September 12, 2018City Council Regular Meeting Agenda
Resolution approving the final subdivision map for 200 Linden Avenue, authorizing
the City Manager to execute the subdivision improvement agreement, and authorizing
the recordation of the final map, the subdivision improvement agreement and all
related documents.
16a.
Report regarding a resolution awarding a construction contract to Golden Bay
Construction, Inc. of Hayward, California, for the Avalon-Brentwood Park
Neighborhood Traffic Calming (Project No. tr1703) in an amount not to exceed
$188,782 and authorizing a total construction budget of $217,000. (Richard Cho,
Principal Engineer)
17.
Resolution awarding a construction contract to Golden Bay Construction, Inc. of
Hayward, California, for the Avalon-Brentwood Park Neighborhood Traffic Calming
(Project No. tr1703) in an amount not to exceed $188,782 and authorizing a total
construction budget of $217,000.
17a.
Report regarding a resolution approving the Master Funding Agreement with the
Metropolitan Transportation Commission for Fiscal Year 2017-18 through Fiscal Year
2026-27 and authorizing the City Manager to execute said agreement. (Richard Cho,
Principal Engineer)
18.
Resolution approving the Master Funding Agreement with the Metropolitan
Transportation Commission for Fiscal Year 2017-18 through Fiscal Year 2026-27 and
authorizing the City Manager to execute said agreement.
18a.
Report regarding a Resolution delegating authority to the City Manager or his or her
designee, pursuant to California Public Contract Code Section 22050(b), to enter into
emergency public works contracts. (Eunejune Kim, Director of Public Works/City
Engineer)
19.
Resolution delegating authority to the City Manager, or his or her designee, pursuant
to California Public Contract Code Section 22050(b) to enter into emergency public
works contracts.
19a.
Report regarding a resolution approving the City Council’s response to the San Mateo
County Civil Grand Jury Report, dated June 28, 2018, entitled “Law Enforcement
Officers + Narcan = Lives Saved From Opioid Overdoses”, and authorizing the City
Manager to send the response letter on behalf of the City Council. (Jeff Azzopardi,
Police Chief)
20.
Resolution approving the City Council’s response to the San Mateo County Civil
Grand Jury Report, dated June 28, 2018, entitled “Law Enforcement Officers +
Narcan = Lives Saved From Opioid Overdoses”, and authorizing the City Manager to
send the response letter on behalf of the City Council.
20a.
Page 7 City of South San Francisco Printed on 10/24/2018
September 12, 2018City Council Regular Meeting Agenda
Report regarding a resolution accepting $80,000 from the State of California, Office of
Traffic Safety for the “Selective Traffic Enforcement Program” to be used for
personnel overtime and training expenses and amending the Police Department’s
Operating Budget for Fiscal Year 2018-19 by approving Budget Amendment 19.013
(Jeff Azzopardi, Police Chief)
21.
Resolution accepting an $80,000 grant award from the State of California, Office of
Traffic Safety for the “Selective Traffic Enforcement Program” to be used for
personnel overtime and training expenses, and amending the Police Department’s
Operating Budget for Fiscal Year 2018-19 by approving Budget Amendment 19.013.
21a.
Report regarding a resolution authorizing the acceptance of up to $4,100 in Library
Services and Technology Act grant funding from the California State Library to
support library services for veterans, and authorizing Budget Amendment 19.012.
(Valerie Sommer, Library Director)
22.
Resolution authorizing the acceptance of up to $4,100 in Library Services and
Technology Act grant funding from the California State Library to support library
services for veterans, and authorizing Budget Amendment 19.012.
22a.
Report regarding a resolution authorizing the acceptance of up to $7,500 in Library
Services and Technology Act grant funding from the California State Library to
purchase books in several high interest areas and approving Budget Amendment
19.004. (Valerie Sommer, Library Director)
23.
Resolution authorizing the acceptance of up to $7,500 in Library Services and
Technology Act grant funding from the California State Library to purchase books in
several high interest areas and approving Budget Amendment 19.004.
23a.
Report regarding a resolution authorizing the City Manager to execute an Amendment
to the Memorandum of Understanding allowing the Parks and Recreation Department
to install a scoreboard at Callero Baseball Field, in order to allow the City to use the
South San Francisco Unified School District’s existing electricity meter to power the
scoreboard at a cost of $120 per year. (Sharon Ranals, Director of Parks and
Recreation)
24.
Resolution authorizing the City Manager to execute an Amendment to the
Memorandum of Understanding allowing the Parks and Recreation Department to
install a scoreboard at Callero Baseball Field, in order to allow the City to use the
South San Francisco Unified School District’s existing electricity meter to power the
scoreboard at a cost of $120 per year.
24a.
Report regarding a resolution authorizing the acceptance of up to $7,500 in Library
Services and Technology Act grant funding from the California State Library to
support library foreign language and bilingual book collections for children, and
authorizing Budget Amendment 19.016. (Valerie Sommer, Library Director)
25.
Page 8 City of South San Francisco Printed on 10/24/2018
September 12, 2018City Council Regular Meeting Agenda
Resolution authorizing the acceptance of up to $7,500 in Library Services and
Technology Act grant funding from the California State Library to support library
foreign language and bilingual book collections for children, and authorizing Budget
Amendment 19.016.
25a.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
ADJOURNMENT
Page 9 City of South San Francisco Printed on 10/24/2018
2018 BEAUTIFICATION
AWARDS
South San Francisco
Beautification Committee
Overview
•This Beautification Committee is a group of residents who
strive to make the city a more pleasant and desirable
community in which to live.
•The committee members selected 28 nominees and five
award winners in three categories:
•Single family residential
•Multi-unit residential
•Commercial
SINGLE FAMILY RESIDENTIAL:
2395 Tipperary Avenue
2990 Dublin Drive
34 Arlington Drive
72 Calvert
74 Calvert Avenue
109 Buxton
66 Randolph
10 Madrone
105 Belmont
724 Larch
133 Valleyview Way
2251 Kenry Way
20 Canyon Court
164 Valleyview Way
154 Valleyview Drive
11 Graystone Drive
436 Dellbrook Avenue
352 Forest View Drive
1119 Morningside Avenue
216 B Street
20 Amberwood
401 Forest View Drive
704 Larch
437 Dellbrook Avenue
123 S. Magnolia
MULTI-UNIT: 1080 Mission Road
Heather Heights HOA
COMMERICAL: 150 S. Linden
June 7, 2018 Minutes Page 1 of 5
MINUTES
JUNE 7, 2018
CITY OF SOUTH SAN FRANCISCO
REGULAR PLANNING COMMISSION
CALL TO ORDER / PLEDGE OF ALLEGIANCE TIME: 7:00 P.M.
STAFF PRESENT: Secretary to the Planning Commission Sailesh Mehra, Senior Planner Billy Gross, Senior
Engineer Richard Cho, Assistant City Attorney Naree Chan
AGENDA REVIEW
None
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
None
PUBLIC HEARING
1. Report regarding an application for a Use Permit Modification, Design Review and Transportation Demand
Management Plan for a parking reduction, exterior modifications of four office buildings, and campus
improvements at 201-225 Gateway Blvd and 1 & 2 Corporate Drive in the Gateway Specific Plan District
(GSPD) Zoning District and determination that the project is categorically exempt from CEQA.
Senior Planner Billy Gross presented the staff report including project location, existing conditions, proposed
site plan, Transportation Demand Management (TDM) Plan, Zoning and General Plan Consistency, and staff’s
recommendation.
David McAdams, on behalf of HCP, provided an overview of the building improvements.
Rich Sharp, Studio 5 Design Landscape Architects, summarized the proposed landscape and hardscape
improvements.
Commissioner Tzang agreed that the project would be an improvement but questioned the number of parking
spaces being removed. Senior Planner Gross stated the number of parking spaces was being reduced from
806 to 727 spaces, but this continued to be within the allowable parking ratio. Commissioner Tzang asked the
success of TDMs throughout the East of 101 area. Senior Planner Gross discussed the City’s efforts to track
TDM effectiveness, including hiring a traffic consultant to assist with monitoring and data analysis, and initial
indications were that the TDM program was successful.
Commissioner Faria asked about the proposed lobby work. Senior Planner Gross stated the entitlements
before the Commission related to the landscape work and parking reductions; the lobby additions were
approved through building permits, but were being presented to the Planning Commission to show the full
scope of work that the applicant was completing on the site. Commissioner Faria stated he could accept the
parking reduction and approve the project.
ROLL CALL / CHAIR COMMENTS PRESENT: Vice Chairperson Murphy,
Commissioners Faria, Evans, Tzang, Shihadeh, and
Wong
ABSENT: Chairperson Nagales
June 7, 2018 Minutes Page 2 of 5
Commissioner Wong asked if the ingress and egress would be impacted. Mr. Sharp stated vehicular access
through the center of campus would be eliminated. Commissioner Wong asked if there was existing data on
TDM use. Mr. McAdams stated there was no historical data due to the newness of the tenants. Senior Planner
Gross discussed the City’s efforts to increase outreach and monitoring efforts of TDM requirements and the
East of 101 Transportation Study with tenants and property owners in the East of 101 Area.
Assistant City Attorney Chan discussed SSF Municipal Code Section 20.330.06d and the criteria for findings
and granting of a conditional use permit.
Commissioner Shihadeh expressed concern with the lack of adequate parking in recent residential
developments and requested consideration of future parking needs. Senior Planner Gross emphasized that
recent developers of biotechnology campuses within the East of 101 were proposing adequate parking to be
able to market their developments to prospective tenants.
Vice Chair Murphy asked when the project would be completed. Mr. Sharp stated they hoped to start work
within 4-6 weeks and complete the project in January/February 2019.
MOTION
Commissioner Faria moved and Commissioner Shihadeh seconded a motion to approve a Use Permit
Modification, Design Review and Transportation Demand Management Plan and determine that the project is
categorically exempt from CEQA. The question was called and the motion carried 6-0-1, Chair Nagales
absent.
2. Report regarding consideration of applications for Use Permit and Design Review to construct a three-story
mixed-use building, including seven multi-family dwelling units and 1,650 square foot commercial space, at
818 & 824 Linden Avenue, and determination that the project is categorically exempt from California
Environmental Quality Act (CEQA), per Class 32, Section 15332.
Commissioner Shihadeh recused himself and left the dais.
Senior Planner Gross presented the project location, proposed site plan, proposed elevations, Zoning and
General Plan consistency, Design Review Board recommendation, Environmental Review, photographs of the
existing house and staff’s recommendation.
Robert Williams, architect, explained the proposed project and existing house, market and laundry mat.
Natalie Gore, SSF resident, expressed concern with lack of green space and parking.
Vice Chair Murphy discussed the increase in development and efforts to meet housing needs. She expressed
concern with the need to evaluate the potential historic structure. She stated the concept, design and quality
were appropriate.
Samir Mogannam, property partner, discussed the poor condition of the laundry mat and house and efforts to
comply with the City’s guidelines. He stated no parking would be lost.
Commissioner Faria asked what the plans were for a future Phase 2. Mr. Williams explained that Phase 2
would be a continuation of Phase 1, with a new market below residential units and additional parking.
Commissioner Wong confirmed that the project before the Commission was Phase 1. Senior Planner Gross
stated that staff was unsure if or when an application for a future Phase 2 would be submitted. Commissioner
Wong inquired about a multi-unit project under construction nearby, and Senior Planner Gross discussed the
five-unit development at Armor and Linden. Commissioner Wong indicated support for the proposed
architecture but need to be aware of additional traffic.
Commissioner Evans asked about proposed landscaping. Mr. Williams discussed the landscape buffer,
landscape belt and use of recycled water. Commissioner Evans asked if Phase 2 was a commitment or wish.
Mr. Williams stated that the applicant was committed and ready to proceed with Phase 2 after completion of
Phase 1. Commissioner Evans asked the projected rents. Mr. Williams stated he did not know what the
projected rents would be at this time.
June 7, 2018 Minutes Page 3 of 5
Vice Chair Murphy asked if the Commission could request a sc hematic of Phase 2. Senior Planner Gross
stated the Commission could request such a schematic be provided, but that there were no guarantees that an
application for Phase 2 would be submitted in the future, and that staff was reviewing the entitlements as if
they were a stand-alone project. Vice Chair Murphy stated it would be valuable to see the full vision, including
Phase 2.
MOTION
Commissioner Wong moved and Commissioner Evans seconded a motion to continue the hearing to July 19,
2018 to allow the applicant to prepare a historic resource evaluation of the existing building on site and an
elevation and site-plan of Phase 2. The question was called and the motion carried 5-0-2, Chair Nagales and
Commissioner Shihadeh absent.
Commissioner Shihadeh returned to the dais.
3. Report recommending approving of an Amendment to the East of 101 Area Plan, Zoning Text Amendment to
South San Francisco Municipal Code Chapter 20.360 Signs related to digital billboards, Development
Agreement, Relocation Agreement and an Addendum to the 2015 Initial Study/Mitigated Negative Declaration
to allow for the installation of a 65 foot tall, double faced, digital billboard on property located at 180 South
Airport Boulevard in exchange for removal of one double sided billboard along San Mateo Avenue and one
singe sided billboard along El Camino Real, together with environmental considerations.
3a. Resolution making findings and recommending that the City Council make a determination that the
Outfront Media Digital Billboard Project at 180 S Airport is fully within the scope of environmental
analysis as described in the 2015 Initial Study/Mitigated Negative Declaration (IS/MND) and that the
2018 Addendum to the IS/MND is the appropriate environmental document for the project.
3b. Resolution recommending approval of an Amendment to the East of 101 Area Plan, a Zoning Text
Amendment, a Development Agreement, a Relocation Agreement to allow for the installation of a 65-
foot-tall, double faced, digital billboard on property located at 180 S Airport in exchange for removal of
one double-sided billboard along San Mateo Ave (at Lowrie Ave) and one single -sided billboard on El
Camino Real north of Arroyo Blvd, together with other considerations.
Senior Planner Gross presented the project location and description, 180 S Airport project site, digital billboard
elevation, renderings, East of 101 Area Plan amendments, Zoning Text Amendments, Development
Agreement, Relocation Agreement, Environmental Review and staff’s recommendation.
Commissioner Wong asked if the City received a fee for removal of billboards. Senior Planner Gross stated
the City did not. Commissioner Wong stated he preferred the digital billboard to a static billboard.
Commissioner Tsang asked the rationale for not allowing new billboards. Senior Planner Gross stated that the
rationale was that billboards create a visual barrier . Commissioner Tsang confirmed that the developer was
proposing to remove a double sided and a single sided billboard. He expressed concern with amending the
Code for a specific applicant.
Commissioner Shihadeh asked if the land on which the digital billboard would be located was public or private .
Senior Planner Gross stated that 180 S Airport was privately owned and the billboard applicant would be
leasing space. He discussed State regulations regarding billboards and permit requirements from Caltrans.
Commissioner Faria asked about City advertising. Senior Planner Gross stated the City was granted one, two-
week messaging period each quarter. Commissioner Faria noted the discussion with Clear Channel in 2015.
Commissioner Wong asked about new billboard applicants and the in-lieu fee. Senior Planner Gross
explained that the proposed amendments would allow an applicant without sufficient billboards to request a
development agreement with the City.
Vice Chair Murphy discussed the possibility of ending up with more billboards.
Commissioner Wong inquired about minimum separate requirements between billboards. Senior Planner
Gross discussed the Caltrans minimum distance requirements.
June 7, 2018 Minutes Page 4 of 5
Commissioner Shihadeh was concerned that digital billboards might be located on El Camino Real. Senior
Planner Gross stated that digital billboards would only be allowed on parcels immediately adjacent to US 101.
Commissioner Evans asked the upper limit of digital billboards that would be allowed within the City. Senior
Planner Gross stated the ordinance currently has a limit of three digital billboards along US 101 in the City of
South San Francisco. Senior Planner Gross stated that any future amendments to this limit would come before
the Planning Commission. Commissioner Evans stated she personally disliked billboards.
MOTION
Commissioner Wong moved and Commissioner Tsang seconded a motion to adopt a resolution making
findings and recommending that the City Council make a determination that the Outfront Media Digital
Billboard Project at 180 S Airport is fully within the scope of environmental analysis as described in the 2015
Initial Study/Mitigated Negative Declaration (IS/MND) and that the 2018 Addendum to the IS/MND is the
appropriate environmental document for the project; and adopt a resolution recommending approval of an
Amendment to the East of 101 Area Plan, a Zoning Text Amendment, a Development Agreement, a
Relocation Agreement to allow for the installation of a 65-foot-tall, double faced, digital billboard on property
located at 180 S Airport in exchange for rem oval of one double-sided billboard along San Mateo Ave (at
Lowrie Ave) and one single-sided billboard on El Camino Real north of Arroyo Blvd, together with other
considerations. The question was called and the motion carried 6-0-1, Chair Nagales absent.
ADMINISTRATIVE BUSINESS
4. Report regarding a resolution confirming that the proposed fiscal year 2018-19 Capital Improvement Program
is consistent with the City’s General Plan in accordance with Government Code Section 65401 (Eunejune Kim,
Public Works Director)
4a. Resolution finding that the proposed fiscal year 2018-19 Capital Improvement Program is consistent
with the City’s General Plan in accordance with Government Code Section 65401
Senior Engineer Richard Cho presented the Capital Improvement Program FY 2018-19 and recommended the
Planning Commission adopt a resolution confirming the CIP was consistent with the City’s General Plan.
In response to Commissioner Faria, Assistant City Attorney Chan explained the Transient Occupancy Tax.
Senior Engineer Cho reviewed the proposed CIP projects and responded to Commissioner questions.
MOTION
Commissioner Faria moved and Commissioner Wong seconded a motion to adopt a resolution finding that the
proposed fiscal year 2018-19 Capital Improvement Program is consistent with the City’s General Plan in
accordance with Government Code Section 65401. The question was called and the motion carried 6 -0-1,
Chair Nagales absent.
5. Report recommending that the Planning Commission approve a resolution awarding Historic Preservation
Grant Program Funds for Fiscal Year 2017-2018
5a. Resolution awarding Historic Preservation Grant Program Funds for Fiscal Year 2017-2018
Director of Libraries Valerie Sommer presented the staff report.
Commissioner Wong and Vice Chair Murphy expressed appreciation for the process.
MOTION
Commissioner Wong moved and Commissioner Tsang seconded a motion to adopt a resolution awarding
Historic Preservation Grant Program Funds for Fiscal Year 2017-2018. The question was called and the
motion carried 6-0-1, Chair Nagales absent.
ITEMS FROM STAFF
Secretary to the Planning Commission Mehra announced likely cancellations of the Planning Commission meetings of
June 21 and July 5 and a potential special meeting on July 12, 2018 to interview for the Design Review Board.
June 7, 2018 Minutes Page 5 of 5
ITEMS FROM COMMISSION
None.
ITEMS FROM THE PUBLIC
None.
ADJOURNMENT
Vice Chair Murphy adjourned the Planning Commission meeting at 9:07 p.m.
Sailesh Mehra Mark Nagales, Chairperson
Secretary to the Planning Commission Planning Commission
City of South San Francisco City of South San Francisco
SM/mc
RESOLUTION NO. 2821-2018
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY
COUNCIL MAKE A DETERMINATION THAT THE OUTFRONT MEDIA DIGITAL
BILLBOARD PROJECT AT 180 S AIRPORT IS FULLY WITHIN THE SCOPE OF
ENVIRONMENTAL ANALYSIS AS DESCRIBED IN THE 2015 INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION (IS/MND) AND THAT THE 2018
ADDENDUM TO THE IS/MND IS THE APPROPRIATE ENVIRONMENTAL
DOCUMENT FOR THE PROJECT.
WHEREAS, Outfront Media (“Applicant”) owns or has a legal equitable interest in a property
located at 180 South Airport (APN 015-122-050) (“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 Property (“Project”);
and,
WHEREAS, Applicant seeks approval of an Area Plan Amendment, a Zoning Text Amendment,
Development Agreement, and Relocation Agreement; 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, the City Council adopted an Initial Study / Mitigated Negative Declaration
(“IS/MND”) on August 26, 2015 (State Clearinghouse number 2013062062) in accordance with
the provisions of CEQA and the 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 Project (“2018 Addendum”) which analyzed the potential environmental
impacts of billboards along the east side of U.S. Highway 101 and along with the 2015 IS/MND
is attached hereto and incorporated herein as Exhibit A and Exhibit B, respectively, and
WHEREAS, the Planning Commission held a properly noticed public hearing on June 7, 2018, at
which time interested parties had the opportunity to be heard, to review the Project and the 2018
Addendum, as well as supporting documents, prior to the Planning Commission making its
decision on the Project; and
WHEREAS, the Planning Commission exercised its independent judgment and analysis, and
considered all reports, recommendations and testimony before making a determination on the
Project.
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 Project Plans, as prepared by RMG
Outdoor Inc., dated March 29, 2017; the Clear Channel Billboard Project and Related Zoning
Amendment Initial Study/Mitigated Negative Declaration, including all appendices thereto; the
2018 Addendum to Initial Study/Mitigated Negative Declaration; all site plans, and all reports,
minutes, and public testimony submitted as part of the Planning Commission’s duly noticed June
7, 2018 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 2015 IS/MND (Exhibit A) and the
2018 Addendum (Exhibit B), 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 Planning Manager.
B. CEQA Findings
1. The Planning Commission, pursuant to CEQA Guidelines section 15164, subsection (d), has
considered the 2018 Addendum prepared for the Project including the related environmental
analysis, along with the previously certified 2015 IS/MND.
2. Upon consideration of the 2018 Addendum, the Planning Commission finds that the
proposed Project will not result in any of the conditions identified in CEQA Guidelines
section 15162 that would require further environmental review through preparation of a
subsequent EIR.
3. The Project will not create any new significant impacts or substantially more severe impacts
as compared to those already identified and analyzed in the 2015 IS/MND. Further, the
Planning Commission finds that there is no new information of substantial importance that
demonstrates new or substantially more severe significant effects, as compared to those
identified in the prior CEQA documents. Nor are any new or additional mitigation measures
required to mitigate any impacts of the Project.
4. Accordingly, the Planning Commission finds that CEQA Guidelines section 15162 does not
require any further CEQA review, and that the 2018 Addendum, prepared pursuant to CEQA
Guidelines section 15164, is the appropriate environmental document for approval of the
Project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that 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 making a determination that the 2018
Addendum is the appropriate environmental document for approval of the Project and no further
environmental review is required.
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 a regular meeting held on the 7th day of June, 2018 by the
following vote:
AYES: Chairperson Nagales, Vice Chairperson Murphy, Commissioner Wong, Commissioner
Evans, Commissioner Tzang Commissioner Faria, Commissioner Shihadeh
NOES:
ABSTENTIONS:__
ABSENT:
Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission
RESOLUTION NO. 2822-2018
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE EAST
OF 101 AREA PLAN, A ZONING TEXT AMENDMENT, A DEVELOPMENT
AGREEMENT, A RELOCATION AGREEMENT TO ALLOW FOR THE
INSTALLATION OF A 65 FOOT TALL, DOUBLE FACED, DIGITAL BILLBOARD ON
PROPERTY LOCATED AT 180 S AIRPORT IN EXCHANGE FOR REMOVAL OF
ONE DOUBLE-SIDED BILLBOARD ALONG SAN MATEO AVE (AT LOWRIE AVE)
AND ONE SINGLE-SIDED BILLBOARD ON EL CAMINO REAL NORTH OF
ARROYO BLVD, TOGETHER WITH OTHER CONSIDERATIONS.
WHEREAS, Outfront Media (“Applicant”) owns or has a legal equitable interest in a property
located at 180 South Airport (APN 015-122-050) (“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 Property (“Project”);
and,
WHEREAS, in order to construct and operate the Project, Applicant seeks approval of an Area
Plan Amendment, a Zoning Text Amendment, Development Agreement, and Relocation
Agreement; 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, 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 Project (“2018 Addendum”) which analyzed the potential environmental
impacts of billboards along the east side of U.S. Highway 101 and was presented to the Planning
Commission for recommendation to the City Council for approval by a separate resolution of the
Planning Commission; and
WHEREAS, the Planning Commission held a properly noticed public hearing on June 7, 2018, at
which time interested parties had the opportunity to be heard, to review the Project and the 2018
Addendum, as well as supporting documents, prior to the Planning Commission making its
decision on the Project; and
WHEREAS, the Planning Commission exercised its independent judgment and analysis, and
considered all reports, recommendations and testimony before making a determination on the
Project.
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 Project Plans, as prepared by RMG
Outdoor Inc., dated March 29, 2017; the Clear Channel Billboard Project and Related Zoning
Amendment Initial Study/Mitigated Negative Declaration, including all appendices thereto; the
2018 Addendum to Initial Study/Mitigated Negative Declaration; all site plans, and all reports,
minutes, and public testimony submitted as part of the Planning Commission’s duly noticed June
7, 2018 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 Project Plans (Exhibit D), and the Development
Agreement (Exhibit E) 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 Planning Manager.
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 Project would amend the East of 101 Area
Plan to allow for the installation of new digital off-site billboards in the U.S. Highway 101
corridor subject to the removal of existing static billboards in other areas of the City, 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 Relocation
Agreement. Further, approval of the Project, including the proposed Development
Agreement and Relocation Agreement, 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 Project requires an amendment to the East of 101
Area Plan to allow for the installation of new digital off-site billboards in the U.S. Highway
101 corridor subject to the removal of existing static billboards in other areas of the City, and
includes provisions for additional revenue to the City for a period of 30 years, subject to the
terms of the Project entitlements including the proposed Development Agreement and
Relocation Agreement. 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
new off-site digital commercial billboards only on parcels immediately adjacent to Highway
101, only upon approval of a relocation agreement, and would not otherwis e revise the
prohibition on new static 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, is physically suitable for the type and intensity
of the land use being proposed, because the amendments would allow for new off-site digital
commercial billboards only on parcels immediately adjacent to Highway 101, upon approval
of a relocation agreement. The presence of a billboard on such parcels would not preclude
the allowance of land uses permitted within any of the respective zoning districts.
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 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 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 proposed Project 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. 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, 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.
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, as proposed for amendment.
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 Outfront Media, LLC (attached as Exhibit E).
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 a regular meeting held on the 7th day of June, 2018 by the
following vote:
AYES: Chairperson Nagales, Vice Chairperson Murphy, Commissioner Wong, Commissioner
Evans, Commissioner Tzang Commissioner Faria, Commissioner Shihadeh
NOES:
ABSTENTIONS:__
ABSENT:
Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission
City Council
September 12, 2018
1
2
Proposed Outfront Media Project Site
Park
N Fly
Existing Clear Channel Digital Billboard
3
Outfront Project Site
U.S. 101
4
5
Existing View from Building Site, Facing North
6
Proposed View from Building Site, Facing North
7
Digital Billboard
View North along US 101
8
Digital Billboard
View South along US 101
9
Policy DE-32. No new off-site static commercial
advertising signs or billboards shall be permitted
in the East of 101 Area. New off-site digital
commercial billboards may be permitted on
parcels immediately adjacent to Highway 101,
only upon approval of a Relocation Agreement.
Existing static and digital billboards may be
renovated, replaced or relocated, only if the City
finds that the change would improve the visual
character of the billboard and area.
10
Policy DE-33. The City should work to remove all
existing off-site static commercial advertising
signs and billboards from the East of 101 area.
11
Amend 20.360.002.A.6 “Relocation Agreements”
Amend subsection (b) to allow an applicant without
sufficient existing billboard faces within the City to
request the City to enter into a development
agreement that will set forth the terms and
conditions under which billboard installation would
still be allowed.
12
Amend 20.360.006.Q.10 related to Digital Billboard
locations
Allows Digital Billboards to be located on parcels
immediately adjacent to U.S. Highway 101, on either
the west or east side.
13
Freeway Commercial Zoning Designation
Freeway Commercial Zoning District intended for uses that benefit from proximity to US 101.
Land Use Designation “Business Commercial”
Require minor amendments to East of 101 Area Plan to allow digital billboards on parcels immediately adjacent to US 101 corridor in the East of 101 Area
Subject to approval of the requested amendments, the project will comply with all of the applicable policies and development standards
Term
30 years
Fees
Annual Payment of $80,000 for digital billboard
One-time in-lieu fee payment of $400,000 for one billboard face needed to satisfy the 2:1 removal ratio
City Gateway Signs
Reimburse up to $140,000 for public signage in the City
Community Service Messages
One two-week advertising spot for each calendar quarter
14
15
Removed Billboard
US 101
16
17
Removed Billboard
SSF BART Station
Kaiser
Permanente
18
Addendum to 2015 Mitigated Negative
Declaration
Following Mitigation Measures applicable:
Aesthetics
Air Quality
Cultural Resources
Hazards and Hazardous Materials
Traffic
19
Planning Commission recommends that the City Council make the required findings and adopt the attached resolutions to find that the 2018 Addendum to the IS/MND is the appropriate environmental document and approve the project entitlements for the Outfront Media project. Additionally, the Planning Commission recommends that the City Council waive reading and introduce an Ordinance to modify Chapter 20.360 “Signs” and waive reading and introduce an Ordinance to approve the requested Development Agreement.
20
21
22
23
24
ISMNDNITIALTUDYANDITIGATEDEGATIVEECLARATION
101TCCCBPERMINALOURTLEARHANNELILLBOARD ROJECT
RZAANDELATEDONINGMENDMENT
PFREPAREDOR
CSSFITYOFOUTHAN RANCISCO
DECDEPARTMENTOFCONOMICANDOMMUNITYEVELOPMENT
315MAAPLEVENUE
SSF,CA94080OUTHANRANCISCO
PB: REPAREDY
LiGAMPHIERREGORY
1944E MBARCADERO
O,CA94606AKLAND
J2013UNE
TABLE OF CONTENTS
IntroductiontothisDocument ................................................................................................................. 1
ProjectInformation .................................................................................................................................. 2
MitigatedNegativeDeclaration ............................................................................................................. 13
Potentially SignificantImpactsRequiringMitigation ........................................................................ 13
ProposedFindings .............................................................................................................................. 17
InitialStudyChecklist ............................................................................................................................ 19
EnvironmentalFactorsPotentiallyAffected ....................................................................................... 20
LeadAgencyDetermination ............................................................................................................... 21
EvaluationofEnvironmentalImpacts ................................................................................................ 22
Aesthetics ....................................................................................................................................... 22
Agricultural andForestResources ................................................................................................. 32
AirQuality ..................................................................................................................................... 33
BiologicalResources ..................................................................................................................... 37
CulturalResources ......................................................................................................................... 40
GeologyandSoils .......................................................................................................................... 41
Greenhouse GasEmissions ............................................................................................................ 43
HazardsandHazardous Materials ................................................................................................. 44
HydrologyandWaterQuality ........................................................................................................ 46
LandUseandPlanning .................................................................................................................. 48
MineralResources ......................................................................................................................... 49
Noise .............................................................................................................................................. 50
PopulationandHousing ................................................................................................................. 51
PublicServices ............................................................................................................................... 52
Recreation ...................................................................................................................................... 53
Transportation/Traffic .................................................................................................................... 54
Utilities andServiceSystems ........................................................................................................ 59
MandatoryFindingsofSignificance .............................................................................................. 60
DocumentPreparers ............................................................................................................................... 62
Sources ................................................................................................................................................... 62
ATTACHMENTS
AttachmentA: BiologicalImpactsAssessment
AttachmentB: NorthwestInformation CenterRecordsSearchResults
h
FIGURES
Figure1: ProjectLocation ................................................................................................................. 7
Figure2: Proposed BillboardSitePlan ............................................................................................. 9
Figure3: Proposed BillboardDesign .............................................................................................. 11
Figure4: ExistingViewfromU.S. 101, facingnorth ..................................................................... 23
Figure5: ProposedBillboardfromU.S. 101, facingnorth (70’ height) ......................................... 23
Figure6: ExistingViewfromU.S. 101, facingnorth ..................................................................... 25
Figure7: ProposedBillboardfromU.S. 101, facingsouth (70’ height) ......................................... 25
Figure8: ReducedHeightBillboardfromU.S. 101, facingnorth (55’ height) .............................. 27
Figure9: ReducedHeightBillboardfromU.S. 101, facingsouth (55’ height) .............................. 27
ii
INTRODUCTION TOTHIS DOCUMENT
ThisdocumentservesastheInitialStudyandMitigatedNegativeDeclaration (IS/MND) fortheproposed
Project, preparedinaccordancewiththeCalifornia Environmental QualityAct (CEQA) (Public
ResourcesCodeSections1500etseq.).
PerCEQAGuidelines (Section15070), aMitigatedNegativeDeclarationcanbepreparedtomeetthe
requirements ofCEQAreviewwhentheInitialStudyidentifiespotentiallysignificant environmental
effects, butrevisionsintheProjectand/orincorporation ofmitigationmeasureswouldavoidtheeffectsor
mitigatetheeffectstoapointwhere clearlynosignificanteffectswould occur.
Thisdocumentisorganizedinthree sectionsasfollows:
IntroductionandProjectInformation. Thissectionintroducesthedocumentanddiscussedthe
projectdescriptionincludinglocation, setting, andspecificsoftheleadagencyandcontacts.
MitigatedNegativeDeclaration. Thissection liststheimpactsandmitigationmeasuresidentified
intheInitialStudyandproposesfindingsthatwouldallowadoptionofthisdocumentasthe
CEQAreviewdocumentfortheproposedproject.
InitialStudyChecklist. ThissectiondiscussestheCEQAenvironmental topicsandchecklist
questionsandidentifiesthepotential forimpactsandproposedmitigationmeasurestoavoidthese
impacts.
101 Terminal Court Clear Channel Billboard Project Page 1
PROJECTINFORMATION
1. ProjectTitle: 101TerminalCourtClearChannelBillboard Projectand
RelatedZoningAmendment
2. LeadAgencyContact: CityofSouthSanFrancisco
GerryBeaudin, PrincipalPlanner
Department ofEconomic andCommunity Development
CityofSouthSanFrancisco
315MapleAvenue
SouthSanFrancisco, CA 94083
650-877-8535orgerry.beaudin@ssf.net
3. ProjectLocation: InthePark NFlyparkinglotat101TerminalCourt
APN015-116-240) adjacenttohighway101inSouth
SanFrancisco.
4. ProjectApplicant'sNameandAddress: PatrickPowers
ClearChannelOutdoor, Inc.
NorthernCalifornia Division
55512thStreet, Suite950
Oakland, CA94607
510) 835-5900x7219
5. GeneralPlanDesignation: CommunityCommercial
6. Zoning: FreewayCommercial (FC)
7. SiteandVicinity: TheregionallocationisshowninFigure1andthespecificlocationonthissiteis
shownonFigure2. TheProjectsiteislocatedwithinthepavedparkingareaoperatedprivatelyby
ParkNFlyasoff-siteairportparking.
Anapproximately40-footwidelandscapestripislocatedbetweentheProjectsiteandthehighwayto
theeast, consistinglargelyofshrubsandgrasses. Farthereast, atapproximately275feettotheother
sideofthehighway, islocatedacommercial complexwithsomeretailandhotels. Beyondthatare
largelyindustrialusesandResearchandDevelopment/officecomplexes.
ThesiteisborderedtothewestbytheGoldenGate ProduceTerminal, whichhousesmultiple
producepurveyorsintwolargebuildings. Aseparate off-siteairportparking useislocatedfartherto
thenorth.
TheParkNFlysiteextendsfornearly800feettothesouthfromthelocationofthebillboard. Atthe
southernboundaryofthesiteisanapproximately 150-footwideunnamedchannelandbufferarea, on
theothersideofwhichislocatedlightindustrialandretailuses.
Theclosest residentialareasarelocatedapproximately 2,300feettothesouthwest, 3,000feettothe
northwestand3,800feettothesouth. Therearenoresidencesinthevicinity totheeast.
8. Project Description:
DigitalBillboard
TheProjectinvolvesconstructionandoperationofonenewdouble-sidedoutdooradvertisingLED
billboardlocatedinSouth SanFrancisco, California. Thebillboardisproposedtoreachamaximum
heightof70feet. Itispossiblethat, throughthe Cityapprovalprocess, includingthedesignreview,
thebillboardheightcouldbereduced. ReducedheightisdiscussedintheAesthetics section.
An “LEDbillboard” consistsofadisplay surfacethatsupportsanimagegeneratedbyrowsoflight
Page 2 101 Terminal Court ClearChannel Billboard Project
emittingdiodes (LED). Theimageonthebillboardisstaticforaperiodoftime, notlessthaneight
seconds, beforecyclingtothenextimage. Operationaldetailsprovided bytheapplicantincludethe
following:
Each LEDdisplaywouldbe48feetwideby14feettallmountedonacolumn sothattheoverall
heightisapproximately70feetabovegrade. Thetwodisplayfaceswillbeorientedina “V”
shapesuchthatthedisplays facethetwodirections ofhighwaytraffic. Thedesignofthe
billboardisshowninFigures2and3.
Brightnessofeachdigitaldisplay: Lightinglevelsoneachfaceofthedigitalbillboardwillnot
exceed 0.3footcandlesoverambient levels, asmeasured usingafootcandlemeterata250’
distanceaccordingtotheguidelinesoftheOutdoorAdvertisingAssociation ofAmerica
OAAA).
Power: Central breakerpanelwithaprimaryfeedof200ampsat120/240singlephaseor200
ampsat208Y/120threephaseprimaryfeed; electricalconnectionswouldbeULandIEC-
approved.
Signage wouldbecontrolledremotelyandwouldhaveremotemaintenance software, andthe
applicantwillimmediatelyshutoff, orgoto “fullblack” intheeventofamalfunction.
Lightsensorswouldbeinstalledwitheachfaceofthebillboardtomeasureambient lightlevels
andtoadjustlightintensitytorespondtosuchconditions. Currently, “beehive” lightsensor
enclosuresareutilized, incorporatingtwolightsensorsintotheenclosure.
Thebillboardwillbeprogrammed fornighttimereduced (4percentofpeakpower) power
operation.
LEDlightinghasadirectionalnatureandtheprojected viewinganglevaluesfortheproposed
billboard is ± 30° verticallyand ± 60° horizontally. Shaderswillbelocated aboveeachrow of
LEDstopreventlightfromprojectingupwardintothesky.
ZoningCodeAmendment
DigitalbillboardsarecurrentlynotallowedundertheCity’sZoningCode. BecauseaZoningCode
amendmentisrequired forapprovaloftheproposedbillboard, thisamendment, includingthe
followingassumptions, hasbeenincluded aspartoftheProjectdescriptionanalyzedinthis
document. Whilethefinalwordingoftheamendmentwasnotavailableatthetimeofdraftingofthis
report, theCity’sintentisthatnomorethan 3digitalbillboardscouldbeallowedalongthehighway
inconjunctionwithnegotiated RelocationAgreements. Thelocationofproposeddigitalbillboards
wouldbeconstrained tothewesternsideofthehighwaybetweenSisterCitiesBoulevard andthe
City’ssouthern boundaryandotherwisefollowingbillboardlocatingrestrictions (suchasCaltrans
ruleof500 feetbetweenbillboards, discussedinmoredetailunderitem11, RegulatoryProvisions).
Approvalandconstructionofanydigitalbillboardwouldrequireanegotiated RelocationAgreement
involvingremovalofmultiple similarly-sizedexistingbillboardswithintheCity.
Construction oftheBillboard
Thefollowinginformationregarding theprocessinvolvedininstallingadigitalbillboardisbasedon
discussions withrepresentativesofClearChannel, andistheprocesstypicallyfollowed. The
followingdescriptionofactivitieshasbeenincludedhereasgeneralprojectinformation, andhasbeen
usedasthebasis forevaluatingpotentialconstruction-periodimpacts forairqualityandnoise. The
specificsoftheprocedurecouldbemodifiedifrecommended bythestructuralengineerbasedupon
theresultsofasite-specificsoilstudy. Theconstruction wouldbesubjecttotheBuildingCode, anda
BuildingPermitwouldberequired forconstructionactivities. Theconstructiontypicallyproceedsas
describedbelow.
Day1: Onthefirstdayatthesite, acrewarriveswithadrillingriganddrillsahole5’ indiameter and
101 Terminal Court Clear Channel Billboard Project Page 3
32’ deep. Atrench plateisplacedovertheholebeforethecrewleavesthesite.
Day2: Thecolumnforthebillboardisdeliveredtothesite. Thecolumnistypically42” indiameter.
Thecolumn isliftedintoplaceinthefoundationholebyacrane, andismaintained inplacebyI-
beamsthatareweldedtothecolumn. Abuildinginspectionisrequiredatthispoint, andthecompany
attemptstoarrangefortheinspection earlyenoughinthedaytoallowpouringofconcreteonDay2.
Day5: After theconcretecuresforthreedays, thecrewreturnstothesite. TheI-beamweldsare
groundoffandtheI-beamsremoved. Theupperstructurecomponentsaredelivered tothesiteand
assembledonthegroundbythecrew (usually4-5persons). Thecranereturnstothesiteandliftsthe
upperstructureintoplaceatopthecolumn.
Electricalservice: Arrangementstoextendelectricalservicetothesitearemadeinadvanceofthe
construction activities. Undergroundelectricalservicewillbeextendedtothebillboardthrough
trenching, usingasleevethatwillaccommodatetheelectricalserviceinsideaconcretefoundation.
Thetypicalelectricalserviceis200ampsforsinglephase, and100ampsfor3-phase.
9. RequiredApprovalsApprovaloftheProjectwillrequire aZoningCodeamendment, Relocation
Agreement, andDesignReviewfromtheCityofSouthSanFrancisco. Additionally, thefollowing
reviewsandapprovalswouldberequired:
Appropriate clearance throughCaltrans isalsorequiredforhighway-orientedsigns. Thismayrequire
arelocation agreement ifthefreewaysegmentisdeterminedtobeclassified asa “landscaped
freeway” (asdiscussedunderRegulatoryProvisions).
Constructionactivitieswillrequireappropriateadministrativepermits.
TheCityandapplicantmayalsoenterintoaDevelopment Agreement.
10. RegulatoryProvisions: Thefollowingregulations areapplicabletoinstallationofbillboardsand
compliancehasbeenassumedinanalysis ofthisProject.
Federal
ThefederalHighwayBeautification Actof1965 (23U.S.C. 131) providesforcontrolofoutdoor
advertising, includingremovalofcertain typesofsigns, alongtheinterstatehighwaysystem. TheAct
isenforcedbytheFederalHighwayAdministration (FHWA).
Aspartofitsenforcementeffort, FHWAhasenteredintoagreements regardingtheActwithstate
departmentsoftransportation. TheagreementswithCaliforniaaredescribedundertheState
provisions, below.
State
TheCalifornia DepartmentofTransportation (Caltrans) isinvolvedinthecontrolof “off-premise”
displaysalongstatehighways. Suchdisplaysadvertiseproductsorservicesofbusinesseslocatedon
propertyotherthanthedisplay. Caltrans doesnotregulateon-premisedisplays. (CaltransLandscape
ArchitectureProgram, 2008)
Californiahasenteredintotwoagreements withFHWAaspartoftheimplementation oftheHighway
BeautificationAct: onedatedMay29, 1965, andasubsequentagreementdatedFebruary15, 1968.
TheagreementsgenerallyprovidethattheStatewillcontroltheconstructionofalloutdoor
advertisingsigns, displaysanddeviceswithin660feetoftheinterstatehighwayright-of-way. The
agreementsprovidethatsuchsignsshallbeerectedonlyincommercialorindustrialzonesandare
subjecttothefollowingrestrictions:
Nosignsshallimitateorresembleanyofficialtrafficsign, signalordevice, norshallsigns
obstructorinterferewithofficialsigns;
Nosignsshallbeerectedonrocksorothernaturalfeatures;
Page 4 101 Terminal Court ClearChannel Billboard Project
Signsshall benolargerthan25feetinheight and60feetinwidth, excludingborder, trimand
supports;
Signsonthesamesideofthefreewaymustbeseparatedbyatleast500feet; and
Signsshallnotincludeflashing, intermittentormovinglights, andshallnotemitlightthatcould
obstructorimpairthevisionofanydriver.
California regulatesoutdooradvertisingintheOutdoorAdvertisingAct (BusinessandProfessions
Code, Sections5200etseq.) andtheCaliforniaCodeofRegulations, Title4, Division6 (Sections
2240etseq.), whichincorporatetheFederal HighwayBeautificationActbyreference. Caltrans
enforcesthelawandregulations. Caltransrequiresapplicantsfornewoutdoorlightingtodemonstrate
thattheowner oftheparcel consentstotheplacementofthesign, thattheparcelonwhichthesign
wouldbelocatediszoned commercial orindustrial, andthatlocalbuildingpermitsareobtainedand
complied with. Adigitalbillboardisidentifiedasa “messagecenter” inthestatute, whichisan
advertisingdisplaywherethemessageischangedmorethanonceeverytwominutes, butnomore
thanonceeveryfourseconds. (BusinessandProfessionsCode, Section5216.4)
Inbrief, off-premises changeableelectronic variablemessagesigns (CEVMS) adjacenttocontrolled
routesshallincorporatestandardspertainingto:
1. DurationofMessage
2. TransitionTime
3. Brightness
4. Spacing
5. Locations
MostimportantlyasaresultofFHWArecommendations, toensuredriversafety, nobillboard
manufacturers presentlyusemovingdisplaysorlessthana4seconddurationtimebetweenmessages.
Somefreewaysareclassifiedas “landscapedfreeways.” Alandscapedfreewayisdefinedasonethat
isnow, ormayinthefuturebe, improvedbytheplantingoflawns, trees, shrubs, flowersorother
ornamentalvegetationrequiringreasonable maintenance ononeorbothsidesofthefreeway
GovernmentCode §5216). Off-premisedisplays arenotallowedalonglandscapedfreewaysexcept
whenapprovedaspartofRelocationAgreementspursuantto §5412oftheOutdoorAdvertisingAct.
ItappearstheProjectsiteiswithina segmentof U.S. 101whichisconsideredaclassified
landscapedfreeway, thoughsuchadetermination wouldbemadeduringtheapprovalprocesswith
1Caltrans.
TheOutdoorAdvertising Actcontainsanumberofprovisionsrelatingtotheconstructionand
operationofbillboards:
Thesignmustbeconstructedtowithstandawindpressureof20poundspersquarefeetof
exposedsurface (§5401);
Nosignshalldisplayanystatementsorwordsofanobscene, indecentorimmoralcharacter
5402);
Nosignshalldisplayflashing, intermittentormovinglightorlights (§5403(h));
Signsarerestrictedfromareaswithin300feetofanintersectionofhighwaysorofhighwayand
railroadright-of-ways, butasignmaybelocatedatthepointofinterception, aslongasaclear
1 Classified “LandscapeFreeways” CaliforniaDepartmentofTransportation, July13, 2011, , availableat
http://www.dot.ca.gov/hq/LandArch/lsfwy/pdf/class_ls_fwy.pdf.
101 Terminal Court Clear Channel Billboard Project Page 5
viewisallowedfor300feet, andnosignshallbeinstalledthatwouldprevent atravelerfrom
obtaining aclearviewofapproachingvehiclesforadistanceof500feetalongthehighway
5404); and
Messagecentersignsmaynotincludeanyilluminationormessagechangethatisinmotionor
appearstobeinmotionorthatchange orexposeamessageforlessthanfourseconds. No
messagecentersignmaybelocated within500 feetof anexistingbillboard, or1,000feetof
anothermessagecenterdisplay, onthesamesideofthehighway (§5405).
Additionalrestrictionsonoutdoorsignage arefoundintheCaliforniaVehicle Code. Section21466.5
prohibitstheplacingofanylightsource “…ofanycolorofsuchbrilliance astoimpairthevision of
driversuponthehighway.” Specificstandardsformeasuring lightsourcesareprovided. The
restrictions maybeenforcedbyCaltrans, theCaliforniaHighwayPatrolorlocalauthorities.
Page 6 101 Terminal Court ClearChannel Billboard Project
ProposedBillboard
Figure1: ProjectLocation
Source: GoogleInc., GoogleEarthimagerydate10/31/2011, withprojectlocationnotedbyLamphier-Gregory.
101 Terminal Court Clear Channel Billboard Project Page 7
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Page 8 101 Terminal Court ClearChannel Billboard Project
Figure2: ProposedBillboardSitePlan
Source: VincentKevinKelly & Assoc., Inc. fortheapplicant, datedMay1, 2012
101 Terminal Court Clear Channel Billboard Project Page 9
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Page 10 101 TerminalCourt Clear Channel Billboard Project
Figure3: ProposedBillboardDesign
Source: VincentKevinKelly & Assoc., Inc. fortheapplicant, datedMay1, 2012
Notes:
Thespecificsofthedecorativepolecovercouldberevisedperthedesignreviewprocess.
Thedesignreview/approvalprocesscouldalsoresultinaloweredoverallheight, potentiallya55’ totalheight. The70’ height
wasutilizedinthisanalysisbecauseitisthemaximumheight thatisbeingconsidered. SeetheAestheticssectionforadiscussion
andvisualmodelingofboththe70’ and55’ overallheights.
101 Terminal Court ClearChannel Billboard Project Page 11
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Page 12 101 TerminalCourt Clear Channel Billboard Project
MITIGATED NEGATIVE DECLARATION
PD,L,SROJECTESCRIPTIONOCATIONANDETTING
ThisMitigated NegativeDeclarationhasbeenpreparedforthe101TerminalCourtClearChannel
BillboardProjectandrelatedcodeamendments. SeetheIntroductionandProjectInformationsectionof
thisdocumentfordetailsoftheProject.
PSIRMOTENTIALLYIGNIFICANTMPACTSEQUIRING ITIGATION
ThefollowingisalistofpotentialProjectimpacts andthemitigationmeasuresrecommendedtoreduce
theseimpactstoaless-than-significantlevel. RefertotheInitialStudyChecklistsectionofthisdocument
foramoredetailed discussion.
Thedigitalbillboardtechnologyhasthepotentialtooperateatlevelsbrighterthanthosespecifiedasthe
operationallimits. Impactswouldremainlessthansignificantunderspecifiedoperatingconditions, which
arerequiredtobetestedunderMitigationMeasureVisual-1, below.
MitigationMeasure
Visual-1: BillboardBrightness FieldTesting. TheApplicantshalldemonstrate throughfield
testingcompliancewitha0.3footcandleincreaseoverambientlightat250feet
duringnighttimeconditionsuponinitialstart-up, at6monthsofoperationandatthe
requestoftheCityforthelifeofthebillboard. TheApplicantshallfundfieldtesting
byanindependentcontractororCitystafftrainedintheuseofahandheld photometer
todemonstratecontinuedcompliance. TheCityshallconsidercitizencomplaints
consistingofdirectpersonalimpactsascauseforrequestingfieldtesting.
Ifincreasesinambientlightarefoundtobeabovethe0.3footcandle level, the
dimming levelshallbeadjusteduntilthislevelcanbedemonstrated. Thismustbe
completedanddemonstrated throughfollow-upfieldtestingwithin24hours orthe
billboardshallnotbeoperated untilthelightinglevelscanbebroughtinto
compliance.
Ifnoabove-thresholdlevelshavebeenmeasuredinthepriorthreetests, fieldtesting
shallberequestednomoreoftenthantwiceyearly. Otherwise, fieldtestscanbe
requesteduptoonce monthly.
Projectairqualityemissionswouldbebelowapplicablethresholdlevels. However, thelocalAirDistrict,
BAAQMD, recommends implementationofconstructionmitigation measurestoreduceconstruction-
related emissionsandfugitivedustforallprojects. ThesebasicmeasuresareincludedinMitigation
MeasureAir-1, belowandwouldfurtherreducealreadylessthansignificantconstruction-periodcriteria
pollutantimpacts.
MitigationMeasure
Air-1: BasicConstructionManagement Practices. TheProjectshalldemonstrate
proposedcompliancewithallapplicableregulationsandoperating procedures prior
toissuanceofdemolition, buildingorgradingpermits, includingimplementation of
thefollowingBAAQMD “BasicConstructionMitigationMeasures”:
Allexposedsurfaces (e.g., parkingareas, staging areas, soilpiles, gradedareas, i)
andunpavedaccessroads) shallbewateredtwotimesperday.
101 Terminal Court ClearChannel Billboard Project Page 13
Allhaultruckstransporting soil, sand, orotherloosematerialoff-siteshallbeii)
covered.
Allvisiblemudordirttrack-outontoadjacentpublicroadsshallberemovediii)
usingwetpowervacuumstreetsweepersatleastonceperday. Theuseofdry
powersweepingisprohibited.
Allvehiclespeeds onunpavedroadsshallbelimitedto15mph. iv)
Allroadways, driveways, andsidewalkstobepavedshallbecompletedassoonv)
aspossible. Buildingpadsshallbelaidassoonaspossibleaftergradingunless
seedingorsoilbindersareused.
Idlingtimesshallbe minimizedeitherbyshuttingequipmentoffwhennotinusevi)
orreducingthemaximumidlingtimeto5minutes (asrequiredbytheCalifornia
airbornetoxicscontrolmeasureTitle13, Section2485ofCaliforniaCodeof
Regulations [CCR]). Clearsignageshallbeprovidedforconstructionworkersat
allaccesspoints.
Allconstruction equipmentshallbemaintainedandproperlytunedinaccordancevii)
withmanufacturer’sspecifications. Allequipmentshallbechecked byacertified
mechanicanddeterminedtoberunninginproperconditionpriortooperation.
Postapubliclyvisiblesignwiththetelephonenumberandperson tocontactatviii)
theLeadAgencyregardingdustcomplaints. Thispersonshallrespondandtake
correctiveactionwithin48hours. TheAirDistrict’sphonenumbershallalsobe
visibletoensure compliancewithapplicableregulations.
Giventhesitecharacteristics, coupledwiththeregionalarchaeologicalsensitivity, thereisamoderate
potentialofunrecordedNativeAmericanresources (especiallyburieddepositswithnosurface
indications) within theproposedProjectarea. Ifpresent, thesewould belocatedbelowanyartificialfillat
thesurface, butpotentially withinthe35footdepthoftheproposeddisturbance. Preparationand
implementationofaculturalmonitoringandmitigation planwouldassurethatdiscoveryofanycultural
resourceswouldbeidentifiedandtreatedappropriately andthereforethatanyimpactinthisregard would
belessthansignificant.
MitigationMeasure
Cultural-1: CulturalMonitoringandMitigationPlan TheProjectapplicantshallfund
preparationandimplementation of aculturalmonitoringandmitigation planbya
qualifiedarchaeologisttoaddressthepotentialforpresenceanddisturbanceofNative
American archaeologicalresources orremainsduringexcavationofthebillboard
polefooting. Thiswillincludeataminimummonitoringduringexcavationofthe
billboardpolefootingandmayalsoincludebutisnotlimitedtoadditionalarchival
research, handaugersampling, shoveltestunits, geoarchaeologicalanalysis, orother
commonmethodsusedtoidentifythepresenceofarchaeologicalresources tobe
determined pertherecommendationofthequalifiedarchaeologist. Thearchaeologist
andconstruction contractors shallfollowtheappropriateprocedures shouldany
culturalresourcesorhumanremainsbediscoveredduringgrounddisturbance.
Thesitehasnotbeenassessedforthepotentialpresenceofhazardousmaterials. Duringtheinstallation
processofthebillboard, holeswouldbedrilledandtheexcavatedsoilwouldbetransportedoffsite. The
Projectwillalsoincludetrenchingtoconnecttoelectricalsupply. WithimplementationofMitigation
MeasureHaz-1, thesitewillbeassessedforthepresence ofhazardousmaterialspriortoconstruction
activities, which, ifpresent, wouldbehandled appropriatelytoensuretheimpact wouldremainlessthan
significant.
Page 14 101 TerminalCourt Clear Channel Billboard Project
MitigationMeasure
Haz-1: PhaseIand/orPhaseIIReports. Priortoissuanceofconstructionpermits, theCity
ofSouthSanFranciscoshallrequire theProjectapplicanttosubmitaPhaseI
environmentalsiteassessment report, andaPhaseIIreportifwarrantedbythePhase
IreportfortheProjectsite. Thereportsshallmakerecommendationsforremedial
actioninaccordancewithStateandFederallaws, ifappropriate, andshouldbesigned
byaRegisteredEnvironmental Assessor, ProfessionalGeologist, orProfessional
Engineer. TheApplicantshallcomplywiththeserecommendations.
MitigationMeasure
Haz-2: E-WasteDisposal. Electronic components ofthebillboardmaycontainmaterials
considered “e-waste” whendisposedofduetopotentiallyhazardous metals, flame
retardants, andotherchemicals. Theoperatorshallberequired tofollowapplicable
regulations regardingproperdisposaland/orrecycling, asappropriate, ascomponents
arereplacedorremovedovertime.
Significanteffectscouldoccuriftheproposeddigitalbillboarddidnotcomplywithrestrictionsregarding
location, intensityoflight, lighttrespass, orotherrestrictionsorincludesvisualeffectsordriver
interactionthatwouldcausedriverdistraction. WithimplementationoftheseMitigationMeasuresTraf-
1andTraf-2, theCitywillreceiveaccurate informationfromtheoperatorregardingcompliance onan
ongoingbasisto ensurethatimpactsontransportation andtrafficsafetywouldbelessthansignificant.
MitigationMeasure
Traf-1: AnnualReport. TheoperatorofthedigitalbillboardshallsubmittotheCity, within
thirtydaysfollowingJune30ofeachyear, awrittenreportregardingoperationof
eachdigitalbillboard duringtheprecedingperiodofJuly1toJune30. Theoperator
maysubmitacombinedreport forallsuchdigitalbillboardsoperatedbysuch
operatorwithintheCitylimits. Thereportshall, whenappropriate, identifyincidents
orfactsthatrelatetospecificdigitalbillboards. Thereportshallbesubmittedtothe
DirectoroftheEconomicandCommunityDevelopment Departmentandshall
includeinformationrelatingtothefollowing:
a. Statusoftheoperator’slicenseasrequiredbyCaliforniaBusinessand
ProfessionsCode §§5300etseq.;
b. Statusoftherequiredpermitforindividual digitalbillboards, asrequiredby
CaliforniaBusiness andProfessions Code §§5350etseq.;
c. Compliance withtheCaliforniaOutdoorAdvertisingAct, CaliforniaBusiness
andProfessionsCode §§5200andallregulations adoptedpursuant tosuchAct;
d. Compliance withCaliforniaVehicleCode §§21466.5and21467;
e. Compliance withprovisions ofwrittenagreements betweentheU.S. Department
ofTransportationandtheCalifornia Department ofTransportationpursuantto
thefederalHighwayBeautification Act (23U.S.C. §131);
f. CompliancewithmitigationmeasuresidentifiedintheMitigatedNegative
Declaration adoptedaspartofProjectapproval;
g. Eachwrittenororalcomplaintreceived bytheoperator, orconveyedtothe
operatorbyanygovernment agencyoranyotherperson, regardingoperationof
eachdigitalbillboardincludedinthereport;
h. Eachmalfunctionorfailureofeachdigitalbillboardincludedinthereport,
whichshallincludeonlythosemalfunctions orfailuresthatarevisible tothe
101 Terminal Court ClearChannel Billboard Project Page 15
nakedeye, includingreason forthemalfunction, durationandconfirmationof
repair; and
i. Operating statusofeachdigitalbillboardincludedinthereport, including
estimateddateofrepairandreturntonormaloperationofanydigitalbillboard
identifiedinthereportasnotoperating innormalmode.
MitigationMeasure
Traf-2: OperationalSafety. Theoperationofthedigitalbillboardshallcomplywiththe
followingatalltimes:
a. Nospecialvisualeffectsthatincludemovingorflashinglightsshallaccompany
anymessageorthetransitionbetweentwo successivemessages;
b. Theoperator shallnot installorimplementanytechnology thatwouldallow
interactionwithdrivers, vehiclesoranydevicelocatedinvehicles, including, but
notlimitedtoaradiofrequencyidentification device, geographic positions
system, orotherdevicewithoutpriorapprovaloftheCityofSouthSan
Francisco, takingintoconsiderationtechnicalstudiesandCalTrans orUSDOT
policiesandguidanceavailableatthetimeoftherequest.
Page 16 101 TerminalCourt Clear Channel Billboard Project
PFROPOSEDINDINGS
TheCityofSouthSanFranciscohasdeterminedthatwiththeimplementationofmitigation measures
identifiedinthisMitigatedNegativeDeclaration, theproposed Projectwillnothaveasignificanteffect
ontheenvironment. IfthisMitigatedNegativeDeclarationisadoptedbytheCityofSouthSanFrancisco,
therequirements ofCEQAwillbemetbythepreparationofthisMitigatedNegativeDeclaration andthe
Projectwillnot requirethepreparation ofanEnvironmental ImpactReport. Thisdecisionissupported by
thefollowingfindings:
a.TheProjectdoesnothavethepotentialto degradethequalityoftheenvironment, substantiallyreduce
thehabitatoffishorwildlifespecies, causeafishorwildlifepopulationtodropbelowself-sustaining
levelsorthreaten toeliminateaplantoranimalcommunity. Itdoesnotreducethenumberorrestrict
therangeofarareorendangeredplantoranimal. Itdoesnoteliminate importantexamplesofthe
majorperiodsofCalifornia historyorpre-history, sincethereisnoidentifiedareaattheProjectsite
whichishabitatforrareorendangeredspecies, orwhichrepresentsuniqueexamplesofCalifornia
historyorprehistory. TheProjectdoesnothaveanysignificant, unavoidableadverseimpacts.
Implementation ofspecifiedmitigationmeasures willavoidorreducetheeffectsoftheProjectonthe
environmentandtherebyavoidanysignificantimpacts.
b.TheProjectdoesnotinvolveimpactswhichareindividuallylimitedbutcumulativelyconsiderable,
becausethedescribedProjectwillincorporate mitigationmeasures toavoidsignificantimpactsofthe
Projectinthecontextofcontinuedgrowth anddevelopmentintheCityofSouthSanFrancisco.
c.TheProjectdoesnothaveenvironmental effectsthatwillcausesubstantialadverseeffectsonhuman
beings, eitherdirectlyorindirectly, becausealladverseeffectsoftheProjectwillbemitigatedtoless
thansignificantlevels.
101 Terminal Court ClearChannel Billboard Project Page 17
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Page 18 101 TerminalCourt Clear Channel Billboard Project
INITIALSTUDY CHECKLIST
EFPANVIRONMENTALACTORSOTENTIALLY FFECTED
EnvironmentalfactorsthatmaybeaffectedbytheProject arelistedalphabeticallybelow. Factorsmarked
withan “X” () weredeterminedtobepotentiallyaffectedbytheProject, involvingatleastoneimpact
thatrequiredmitigationtoreducetheimpacttolessthansignificantlevels, asindicated inthe
Environmental EvaluationFormChecklistandrelateddiscussionthatfollows. Unmarkedfactors ()
weredeterminedtonotbesignificantly affected bytheProject, basedondiscussion providedinthe
Checklist, includingtheapplication ofmitigationmeasureswhichtheapplicanthasagreedtoimplement.
Aesthetics Agricultural andForestResources AirQuality
BiologicalResources CulturalResources Geology/Soils
GreenhouseGasEmissions Hazards/HazardousMaterials Hydrology/WaterQuality
LandUse/Planning MineralResources Noise
Population/Housing PublicServices Recreation
Transportation/Traffic Utilities/ServiceSystems
MandatoryFindingsofSignificance
Therearenoimpactsthatwouldremainsignificant withimplementation oftheidentifiedmitigation
measures.
101 Terminal Court ClearChannel Billboard Project Page 19
EEEVALUATIONOFNVIRONMENTAL FFECTS
TheChecklistportionoftheInitialStudybeginsbelow, withexplanationsofeachCEQAissuetopic.
Fouroutcomesarepossible, asexplainedbelow.
1.A “noimpact” responseindicatesthatnoactionthatwouldhaveanadverseeffect ontheenvironment
wouldoccur duetotheProject.
2.A “lessthansignificant” responseindicatesthatwhiletheremaybepotentialforanenvironmental
impact, therearestandardprocedures orregulationsinplace, orotherfeaturesoftheProjectas
proposed, whichwouldlimittheextentofthis impacttoalevelof “lessthansignificant.”
3.ResponsesthatindicatethattheimpactoftheProjectwouldbe “lessthansignificant withmitigation”
indicatethatmitigationmeasures, identifiedinthesubsequentdiscussion, willberequiredasa
conditionofProjectapprovalinorder toeffectivelyreducepotentialProject-relatedenvironmental
effectstoalevelof “lessthansignificant.”
4.A “potentiallysignificant impact” responseindicatesthatfurtheranalysisisrequiredtodeterminethe
extentofthepotentialimpactandidentifyanyappropriatemitigation. Ifanytopicsareindicatedwith
a “potentiallysignificant impact,” thesetopicswouldneedtobeanalyzedinanEnvironmentalImpact
Report.
Notethatthisdocument doesnotindicatethatanyenvironmental topicswouldbeconsidered tobe
potentially significant” afterapplication ofmitigationmeasures identifiedinthisdocument andasagreed
tobytheProjectapplicant.
101 Terminal Court ClearChannel Billboard Project Page 21
1. AESTHETICS
Would theproject:
a) Havea substantialadverseeffectonascenicvista?
b) Substantially damage scenicresources, including, butnotlimited to, trees,
rockoutcroppings, andhistoric buildingswithinastatescenichighway?
c) Substantially degrade theexistingvisualcharacter orquality ofthesiteand
itssurroundings?
d) Createanewsourceofsubstantial lightorglarewhichwouldadverselyaffect
dayor nighttimeviews inthearea?
a) ScenicVistas. The siteandsurroundingareaispredominatelydeveloped withindustrialusesandis
notascenicresourceorvista. TheProjectislocatedonaflatareanearthehighwaywithno
substantial viewsoftheBayfromoracrossthesite.
SignHill, whichcontainstheprominent concrete “SouthSanFranciscoTheIndustrialCity” signon
thehillside, andSanBrunoMountainarevisiblefromU.S. 101acrossthesitetothenorth. Distant
viewsoftheridgealongSkylineBoulevardarevisiblefromU.S. 101across thesitetothe
south/southwest.
Figures 4 6 FiguresandshowexistingviewsfromU.S. 101towardthesitetothenorthandsouthand
57andshowvisualmodelsoftheproposedbillboardintheseviews. ViewstowardSignHill, San
BrunoMountainandtheSkylineBoulevardridgefromU.S. 101arealreadypartiallyand
intermittentlyobscuredbyexisting development, signageandlandscaping. Ascanbeinferredfrom
thesefigures, theproposedbillboard wouldcontributetotemporaryobstructionoftheseviewsasa
driverprogressestowardandpastthebillboard.
TherearenospecificpoliciestoprotectviewsofSignHillfromU.S. 101andneither SignHill, San
BrunoMountain, norSkylineBoulevard ridgearedesignated asscenicvistasorscenicviews. The
locationsfromwhichviewsareaffectedarenotplaceswherepeoplewouldspecificallygatherin
ordertogainaviewoftheselandmarks. BlockageofviewstowardSanBrunoMountainandSkyline
Boulevardridgewouldnotbeconsideredapotentially significantenvironmentalimpact. However,
SignHillisidentifiedasanationalhistoriclandmarkandregionallandmarkthatisclearlyvisibleto
2travelersonnearbyfreeways, soisconsidered ascenicresourceforpurposesofthisanalysis.
TheproposedbillboardwouldcontributetoblockageofviewstowardSignHillfromthepointof
viewofavehicledrivingnorthalongU.S. 101. Thisinterruptionofviewswouldbetemporaryinthat
thebillboardwouldonlyblockviewsforashort periodasthevehicleprogressestowardthebillboard.
Signsinthisareaarenotuncommonthoughcumulativeblockageofviewswouldbeintermittent, as
viewstowardSignHillwouldbeavailablebetweensignsasavehicleprogressesnorth.
Figures 89andadditionallyshowthebillboardataheightofonly55’, whichiscurrentlybeing
consideredasamodification totheProject. Whilethesearestaticphotos, itisimportant toconsider
theperceptionofrelativesize. Asapersonapproaches anobject, theobject’sperceivedsizewill
2CityofSouth SanFrancisco, prepared byDyettandBhatia, SouthSanFrancisco GeneralPlan, 1999, p. 240.
Page 22 101 TerminalCourt Clear Channel Billboard Project
Figure4: ExistingViewfromU.S. 101, facingnorth
Figure5: ProposedBillboardfromU.S. 101, facingnorth (70’ height)
101 Terminal Court ClearChannel Billboard Project Page 23
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Page 24 101 TerminalCourt Clear Channel Billboard Project
Figure6: ExistingViewfromU.S. 101, facingsouth
Figure7: ProposedBillboardfromU.S. 101, facingsouth (70’ height)
101 Terminal Court ClearChannel Billboard Project Page 25
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Page 26 101 TerminalCourt Clear Channel Billboard Project
Figure8: ReducedHeightBillboardfromU.S. 101, facingnorth (55’ height)
Figure9: ReducedHeightBillboardfrom U.S. 101, facingsouth (55’height)
101 Terminal Court ClearChannel Billboard Project Page 27
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Page 28 101 TerminalCourt Clear Channel Billboard Project
increase. Thisiswhyapersonstanding acrossafootballfieldfromyoucanbecoveredinyourvision
byyourownoutstretched hand. Weperceivesomethingfartherawayassmaller (andtherefore
shorter). InthecaseofthisProject, thenearerobject (thebillboard) willappeartogrow tallerrelative
tothemoredistantobject (SignHill) asitisapproached. Ataheightof55’, theproposedbillboard
wouldstillbetallenoughtoblockviewstowardSignHillfromU.S. 101, thoughthelanepositionand
distanceofthevehiclefromthebillboard wouldbedifferentthanwheretheblockagewouldoccurfor
abillboardata70’ height. Becausealowerbillboardwouldbeobservedastallenoughtoblockviews
whentheobserverisclosertoitthana70’ billboard, amarginally shortertimewouldpassduring
whichviewsareblockedforthe55’ billboard. Therefore, itcanbeassumedthatthisheight reduction
wouldresultinasimilar, thoughmarginallyreducedimpacttoanalreadylessthansignificantimpact
onSignHillviews.
TheProjectalsoincludesamendingtheZoning Codetopotentially allowupto3digital billboards,
includingthisone, alongthewesternsideofU.S. 101withinthecitylimitsthroughRelocation
Agreements. WithRelocation Agreements, billboardscouldbelocatedasclosetogetheras500feet
anddigitalbillboards ascloseas1,000feettoeachother.
Thetwoadditionalallowabledigitalbillboardscouldcontributetointermittentblockageofviews
towardSignHill. Thespecificproposalsfortheothertwobillboardshavenotyetbeensubmitted and
wouldhavetoundergoappropriatereview. However, anyproposedbillboardswouldberequiredto
conformtoCaltransspacingregulations, whichwouldensurespacebetweensignsandthereforeonly
intermittentblockageofviewswouldresult.
Takingboththeregulatoryandspecificlocational/sceniccontextintoaccount, aswellasthe
temporary andintermittentnatureoftheobstructionfromthepointofviewofamovingvehicle, the
Project’simpactonscenicvistas, includingviewsofSignHillfromU.S. 101, wouldbeconsidereda
lessthansignificantimpact.
TheCityandapplicantareconsideringareducedheightbillboard, whichwouldreachamaximum
heightof55’ insteadoftheproposed 70’. Reducingtheheightwouldresultinimpactsthataresimilar
totheProjectattheproposedheightandwouldnotrequireadditionalenvironmental review. A
reducedheightbillboardwouldmarginally reduceanalready less-than-significantimpact relatedto
blockageofviewstowardSignHill.
b) ScenicHighways. U.S. 101isnotadesignatedoreligibleStateScenicHighway corridorinthe
3vicinityoftheProjectnorisitidentifiedasasceniccorridorintheSouthSanFranciscoGeneralPlan.
TheProjectwouldhavenoimpactonastatescenichighwayorscenicresourcesviewablefromsucha
highway.
c) Visual Character. Theproposeddigitalbillboardsiteislocated alongafreewayintheLindenville
areaofSouthSanFrancisco, whichischaracterizedbywarehousinganddistributionandlight
industrialusesincluding storage, automobilerepair, manufacturing, andsmallbusinessparks. The
Projectsiteandsurroundingareaisanticipated intheGeneralPlantoultimatelytransitiontoRegional
Commercial uses.
ThenewbillboardwouldbevisibleprimarilytodriversalongU.S. 101aswellasadjacentandacross-
highwayindustrial, hotel, andcommercialuses. Itisexpectedthebillboardwouldbevisiblein some
mid- andlong-rangeviewsfromfarthercommercial andresidential areasthatarehighenoughtohave
viewsacross thearea. Thevicinitywherethebillboardisproposedalreadysupportssomehighway-
orientedon-sitesignage, billboards, androadwaysignage. Theproposedbillboardisnotinconsistent
withthecharacteroftheareainwhichitisproposed.
3California Departmentof Transportation, StateScenicHighway MappingSystem,
http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm
101 Terminal Court ClearChannel Billboard Project Page 29
Additionally, Citystaffwillreview theproposeddesignaspartoftheapprovalprocess, anddesign
parameterswouldbeimposedbytheCity.
Therefore, giventhecontextoftheproposed billboard, theimpactrelatedtodegradingvisual
characterwouldbeconsidered lessthansignificant.
Theadditionaltwodigitalbillboards, includingamaximumoffourbillboard faces, thatcouldbe
allowedundertheZoningCodeamendmentwouldbeconstrainedtothewesternsideofU.S. 101
adjacenttothefreewayandbetweenSisterCities BoulevardandthesouthernboundaryoftheCity.
Therearenumerouscommercialorindustrialareasinwhichtheycouldbelocated, particularly
consideringrelocation orremovalofexistingbillboards. Thereisnocurrentproposalforthe
additional billboards, sothespecificlocationscannotbeanalyzed. If/whenadditional digital
billboardsareproposed, theCitywouldperformtheappropriatereview. TheZoningCodeamendment
thatcouldallowtwoadditionaldigital billboards wouldnotchangethisimpactconclusion.
ItisalsoimportanttonotethatundertheproposedZoningAmendment, adigitalbillboard wouldonly
beallowedpursuanttoaRelocationAgreement, whichwouldresultintheremovalofoneormore
otherbillboardswithintheCityforeachproposed digitalbillboard. Thiscouldresultinanet
reductioninthetotalnumberofbillboardswithintheCity.
d) LightandGlare. DigitalbillboardsrelyonLEDtechnologytodisplaymessagesonalitscreen. The
lightingisdesignedtomakethemessage displaysvisibletopassingmotorists.
ThebrightnessoftheLEDdisplayonthebillboardfaceissubjecttoadjustmentbasedonambient
conditionsmonitoredbymultiplelightsensors. Thedisplay, forexample, isbrighterinthedaytime
thanindarkness, andrespondstochangesintheambientlightconditions. Restrictionsondigital
billboards, imposedandenforcedbyCaltrans, precludelightingthatwouldbedirectedatmotorists
thatissodirectedorintensethatitcouldblindorconfusedrivers, orcreate conditionsthatmake
recognitionoftheroadwayorofficialsignagedifficult.
Caltranshasimposedtheserestrictionsfortrafficsafetyreasons, andtheyarediscussedinmoredetail
intheTransportationsection. Theresultingcontrols, however, effectivelyregulatelightandglareto
ensurethattheoperation ofanydigitalbillboarddoesnotcreateasubstantial newsourceoflightor
glare.
Thebillboardswouldalsocomplywithguidelines oftheOutdoorAdvertisingAssociationofAmerica
OAAA). Theseguidelinesspecifythatlightinglevelsfromadigitalbillboardwillnotexceed0.3
footcandlesoverambientlevels, asmeasured usingafootcandle meteratapre-setdistancebased on
4thesizeofthebillboardface. Forthe14’ by48’ billboards, thiswouldbe250feet. Itisanticipated
5thattheilluminancewouldbenegligiblebeyond500feet.
TheIlluminatingEngineering SocietyofNorthAmerica (IESNA) LightingHandbook 10thEdition
recommendations areinunitsof “nits,” whichareappropriate whenlightisbeingbounced offa
surface, asisthecasewithaconventional billboard, butisnotthecasewithanLEDbillboard. With
assumptionsaboutcontent, “nits” andfootcandlescanbeconvertedforcomparisonofLED
illuminance toconventionalbillboard luminance. Conversion ofnitsusingconservativeassumptions
80% reflectance) andIESNAHandbookrecommendationsforbrightsurroundsresultsin
recommendationsof0.256footcandlesat250feet. Thisissimilartodigitalbillboard-specific
recommendationsof0.3footcandles. 6
4 OAAAMethodology toDetermineBillboardLuminance LevelsAccordingto , providedbyClearChannel.
5 ComparisonofDigitalandConventionalBillboardsOAAApreparedbyLightSciencesInc., November29, 2006, .
6 ComparisonofDigitalandConventionalBillboardsOAAApreparedbyLightSciencesInc., November29, 2006, .
Page 30 101 TerminalCourt Clear Channel Billboard Project
Thevalueof0.3footcandlesisutilizedherebecause, whilerelatively low, itispracticaltomeasure
withahandheldphotometer andthereforetoverifyfollowinginstallationandduringoperation. This
0.3footcandle levelwouldbeperceptible, butatthelowend, tothehumaneye, overambientlighton
asurface. Itwouldbeequivalent toaverage residentialstreetilluminationprovidedbylowwattage
streetlights (i.e., similartoambient conditions inthevicinity).
MitigationMeasure
Visual-1: BillboardBrightness FieldTesting. TheApplicantshalldemonstrate throughfield
testingcompliancewitha0.3footcandleincreaseoverambientlightat250feet
duringnighttimeconditionsuponinitialstart-up, at6monthsofoperationandatthe
requestoftheCityforthelifeofthebillboard. TheApplicantshallfundfieldtesting
byanindependentcontractor orCitystafftrainedintheuseofahandheld photometer
todemonstratecontinuedcompliance. TheCityshallconsidercitizencomplaints
consistingofdirectpersonalimpactsascauseforrequestingfieldtesting.
Ifincreasesinambientlightarefoundtobeabovethe0.3footcandle level, the
dimming levelshallbeadjusteduntilthislevelcanbedemonstrated. Thismustbe
completedanddemonstrated throughfollow-upfieldtestingwithin24hours orthe
billboardshallnotbeoperated untilthelightinglevelscanbebroughtinto
compliance.
Ifnoabove-thresholdlevelshavebeenmeasuredinthepriorthreetests, fieldtesting
shallberequestednomoreoftenthantwiceyearly. Otherwise, fieldtestscanbe
requesteduptoonce monthly.
Therearenoresidences within500feetoftheproposedbillboard, atwhichpointtheincreasesin
illuminancewouldbenegligible. Hotelusesarelocatedbetween250and500feetfromthebillboard,
whereilluminance increasesfromthebillboardwouldbebarelyperceptibleandconsistentwiththe
existingurbanconditions. WithimplementationofMitigationMeasureVisual-1, lightlevelsfrom the
proposedbillboardwillbeassuredtoremainattheselowlevelsandpotentialimpactsrelated tolight
andglarewouldbelessthansignificant.
Theadditional twodigitalbillboards thatcouldbeallowedundertheZoningCodeamendment
throughRelocationAgreementscouldbeascloseas500feettothecurrentlyproposedbillboard. As
notedabove, theincreaseinilluminanceisnegligibleat500feetandbarelyperceptible at250feet.
Thepotentialformultipledigitalbillboardsinthefuture, asallowedundertheZoningCode
amendment, wouldnotsubstantiallycontributetocumulativelightandglareimpactsandwouldnot
changetheimpactconclusion. Thespecificlocationsoftheothertwobillboardsarenotyetproposed.
Billboard-specificlightandglareimpactsofthesefuture billboardswouldneedtobeassessed in
respecttoanylight-sensitiveusesintheir vicinity.
101 Terminal Court ClearChannel Billboard Project Page 31
2. AGRICULTUREANDFORESTRY RESOURCES
Indetermining whetherimpacts toagricultural resources aresignificantenvironmental
effects, leadagenciesmay refertotheCalifornia Agricultural Land Evaluationand
SiteAssessment Model (1997) prepared bytheCaliforniaDept. ofConservationasan
optional model tousein assessing impacts onagricultureand farmland. In
determiningwhether impactstoforestresources, including timberland, aresignificant
environmental effects, leadagencies may refertoinformation compiledbythe
CaliforniaDepartment ofForestryandFireProtection regardingthestate’sinventory
offorest land, including theForestandRange Assessment Project andtheForest
Legacy Assessment project; andforestcarbonmeasurementmethodologyprovidedin
ForestProtocolsadoptedbytheCaliforniaAirResourcesBoard. Would theproject:
a) Convert Prime Farmland, UniqueFarmland, orFarmland ofStatewide
Importance (Farmland), asshown onthemapsprepared pursuantto theFarmland
MappingandMonitoring Program oftheCalifornia Resources Agency, tonon-
agriculturaluse?
b) Conflict withexistingzoningforagricultural use, oraWilliamson Act contract?
c) Conflict withexisting zoningfor, orcause rezoningof, forest land (asdefinedin
PublicResources Codesection12220(g)), timberland (asdefinedbyPublic
Resources Codesection4526), ortimberland zonedTimberlandProduction(as
definedbyGovernment Codesection 51104(g))?
d) Result inthelossof forestland orconversionofforestlandtonon-forestuse?
e) Involve otherchanges inthe existingenvironment which, duetotheirlocation or
nature, could resultinconversion ofFarmland, tonon-agricultural useor
conversion offorest landtonon-forest use?
a-e) AgricultureandForestryResources. TheProjectsiteislocatedinadevelopedurbanareaadjacentto
ahighway. Nopartofthesiteiszonedfororcurrentlybeingusedforagriculturalorforestrypurposes
oraresubjecttotheWilliamson Act. Therewouldbenoimpacttoagricultureandforestryresources
asaresultofthisProject.
Page 32 101 TerminalCourt Clear Channel Billboard Project
3. AIRQUALITY
Where available, thesignificancecriteriaestablished bytheapplicableair quality
management orairpollutioncontroldistrictmay berelieduponto makethe
followingdeterminations. Would theproject
a) Conflict withorobstructimplementation oftheapplicable airquality plan?
b) Violate anyairqualitystandardorcontribute substantially toan existing or
projectedairqualityviolation?
c) Resultina cumulatively considerablenetincrease ofanycriteria pollutantfor
whichthe projectregion isnon-attainment under anapplicablefederalorstate
ambientair qualitystandard (includingreleasing emissions whichexceed
quantitative thresholdsforozoneprecursors)?
d) Expose sensitive receptorsto substantialpollutantconcentrations?
e) Createobjectionable odorsaffectingasubstantialnumber ofpeople?
a)AirQualityPlan. TheProjectsiteissubjecttotheBay AreaCleanAirPlan, firstadoptedbytheBay
AreaAirQualityManagement District (BAAQMD) (inassociationwiththeMetropolitan
Transportation CommissionandtheAssociationofBayAreaGovernments) in1991tomeetstate
requirements andthoseoftheFederalCleanAirAct. Asrequiredbystatelaw, updatesaredeveloped
approximatelyeverythreeyears. Theplanismeanttodemonstrate progresstowardmeetingtheozone
standards, butalsoincludes otherelementsrelatedtoparticulatematter, toxicaircontaminants, and
greenhousegases. Thelatestupdatetotheplan, whichwasadoptedinSeptember2010, iscalledthe
BayArea2010CleanAirPlan.
Aprojectwouldbejudgedtoconflictwithorobstructimplementationoftheregionalairqualityplan
ifitwouldbeinconsistentwithregional growthassumptionsorimplementation ofcontrolstrategies.
TheProjectwouldhavenoeffectongrowth ofpopulation orvehicletravelandtheCleanAirPlan
doesnotrecommendmeasuresdirectlyapplicabletothistypeofuse. TheProject, therefore, wouldbe
generallyconsistentwiththeCleanAirPlanandhavealessthansignificantimpactinthisregard.
b-c) AirQualityStandards/CriteriaPollutants. Ambientairqualitystandards havebeenestablishedby
stateandfederalenvironmental agenciesforspecificairpollutants mostpervasiveinurban
environments. Thesepollutants arereferredtoascriteriaairpollutantsbecausethestandards
establishedforthemweredevelopedtomeetspecifichealthandwelfare criteriasetforthinthe
enabling legislationandincludeozone (O) precursors (NOxandROG), carbonmonoxide (CO), and3
suspendedparticulate matter (PM andPM). TheBayAreaisconsidered “attainment” forallofthe102.5
nationalstandards, withtheexceptionofozone. Itisconsidered “nonattainment” forStatestandards
forozoneandparticulate matter.
Past, presentandfuturedevelopmentprojects contributetotheregion’sadverseairqualityimpacts on
acumulative basis. Byitsverynature, airpollutionislargelyacumulative impact. Nosingleproject
issufficientinsizeto, byitself, resultinnonattainmentofambientairqualitystandards. Instead, a
project’sindividual emissionscontributetoexistingcumulativelysignificantadverseairquality
impacts. Ifaproject’scontributiontothecumulative impactisconsiderable, thentheproject’simpact
7onairqualitywouldbeconsideredsignificant.
7 CaliforniaEnvironmentalQuality ActAirQualityGuidelinesBAAQMD, May2011, , p. 2-1.
101 Terminal Court ClearChannel Billboard Project Page 33
BAAQMD’supdatedCEQAGuidelinesincludingthresholdsofsignificancewereadopted onJune2,
2010. OnMarch5, 2012theAlamedaCountySuperiorCourt issuedajudgmentfindingthat
BAAQMDhadfailedtocomplywith CEQAwhenitadoptedits2010Thresholds. Thecourtdidnot
determinewhethertheThresholdswerevalidonthemerits, butfoundthattheadoptionofthe
Thresholds wasaprojectunderCEQA. ThecourtissuedawritofmandateorderingBAAQMD toset
asidetheThresholds andceasedissemination ofthemuntilBAAQMDhadcompliedwithCEQA.
The2010 Thresholdsaremoreconservative thantheprevious1999versionandhavebeenusedin
thisanalysisforaconservativedeterminationofimpactsignificance. Currentthresholdsof
significanceforCriteriaAirPollutants aresetbyBAAQMDassummarizedbelow:
BAAQMDCPTSRITERIAOLLUTANTHRESHOLDSOFIGNIFICANCE
Pollutant Construction-RelatedOperational-Related
AverageDailyEmissions AverageDailyEmissions MaximumAnnual
lbs./day) (lbs./day) 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 Best Management None
fugitive dust) Practices
Source: BAAQMDAdoptedAirQualityCEQAThresholdsofSignificance - June2, 2010
Project-relatedairqualityimpactsfallintotwocategories: short-termimpactsthatwouldoccurduring
constructionoftheProjectandlong-termimpactsduetoProjectoperation.
ConstructionEmissions
BAAQMDpresents screeningcriteria intheirCEQAGuidelines thatidentifyprojectsizesbytype
thatcouldhavethepotentialtoresultinemissionsovercriterialevels. Forexample, thistable
includesaconstruction-periodcriteriapollutantscreeninglevelof114singlefamilydwellingunits or
8277,000square feetofretailuses. While construction ofbillboardsisnotspecifically listedonthis
screeningtable, itcanbereasonablyconcludedfromacomparisontotheentries onthistablethatthe
minimalconstructionactivitiesrequiredforthisProject, includingonlyafewdaysofactivity, would
bewellbelowthresholdlevels.
However, BAAQMDrecommendsimplementationofconstruction mitigationmeasurestoreduce
construction-relatedemissionsandfugitivedustforallprojects, regardless ofthesignificance levelof
construction-periodimpacts. ThesebasicmeasuresareincludedinMitigationMeasure Air-1, below
andwouldfurtherreduceconstruction-periodcriteriapollutantimpacts.
MitigationMeasure
Air-1: BasicConstructionManagement Practices. TheProjectshalldemonstrate
proposedcompliancewithallapplicableregulationsandoperatingprocedures prior
toissuanceofdemolition, buildingorgradingpermits, includingimplementation of
thefollowingBAAQMD “BasicConstruction MitigationMeasures”.
Allexposedsurfaces (e.g., parkingareas, staging areas, soilpiles, gradedareas, i)
andunpavedaccessroads) shallbewateredtwotimesperday.
Allhaultruckstransporting soil, sand, orotherloosematerialoff-siteshallbeii)
covered.
8 CaliforniaEnvironmentalQuality ActAirQualityGuidelinesBAAQMD, May2011, , pp. 3-2to3-3.
Page 34 101 TerminalCourt Clear Channel Billboard Project
Allvisiblemudordirttrack-outontoadjacentpublicroadsshallberemovediii)
usingwetpowervacuumstreetsweepersatleastonceperday. Theuseofdry
powersweepingisprohibited.
Allvehiclespeeds onunpavedroadsshallbelimitedto15mph. iv)
Allroadways, driveways, andsidewalkstobepavedshallbecompletedassoonv)
aspossible. Buildingpadsshallbelaidassoonaspossibleaftergradingunless
seedingorsoilbindersareused.
Idlingtimesshallbe minimizedeitherbyshuttingequipmentoffwhennotinusevi)
orreducingthemaximumidlingtimeto5minutes (asrequiredbytheCalifornia
airbornetoxicscontrolmeasureTitle13, Section2485ofCaliforniaCodeof
Regulations [CCR]). Clearsignageshallbeprovidedforconstructionworkersat
allaccesspoints.
Allconstruction equipmentshallbemaintainedandproperlytunedinaccordancevii)
withmanufacturer’sspecifications. Allequipmentshallbechecked byacertified
mechanicanddeterminedtoberunninginproperconditionpriortooperation.
Postapubliclyvisiblesignwiththetelephonenumberandperson tocontactatviii)
theLeadAgencyregardingdustcomplaints. Thispersonshallrespondandtake
correctiveactionwithin48hours. TheAirDistrict’sphonenumbershallalsobe
visibletoensure compliancewithapplicableregulations.
OperationalEmissions
Similartotheanalysisforconstruction-periodimpactsabove, theProjectwascomparedtoBAAQMD
screeningcriteriaforoperationalpollutants. Asitrelatestooperationalpollutants, thistableincludes
screeninglevelsof325singlefamilydwellingunitsor99,000squarefeetofregionalshoppingcenter
9 Theseexampleuseswouldutilizeover1,000,000kilowatt-hoursperyear.10uses.
In2010 (themostrecentdataavailable), ClearChannelbillboardsaverageannualusagefordouble-
sideddigitalbillboardsofthesamesizeasthatproposedwas86,400kilowatt-hours (kwh), orless
thanonetenththeemissionsofaprojectthatwouldbeexpectedtohaveemissions abovethreshold
levels.
While operationofdigitalbillboardsisnotspecificallylistedonthisscreeningtable, itcanbe
reasonablyconcludedfromacomparisontotheBAAQMDscreeningtablethatoperationalemissions
resultingfromthisProjectwouldbewell belowthresholdlevels.
Additionally, BAAQMDpresentsasscreeningcriteriaforcarbonmonoxideimpactstraffic-based
criteria. AsoperationoftheproposedProjectwouldnotimpacttrafficlevels, theProjectwouldbe
belowcarbonmonoxidethresholdlevels.
Therefore, theProjectimpactrelatedtooperational pollutantemissionswouldbelessthan
significant.
d)SensitiveReceptors
Forthepurposeofassessing impactsofaproposedProjectonexposureofsensitivereceptorstorisks
andhazards, thethresholdofsignificanceisexceededwhentheproject-specificcancerriskexceeds
10inonemillionorthenon-cancerriskexceedsaHazardIndexof1.0. Examples ofsensitive
9 CaliforniaEnvironmentalQuality ActAirQualityGuidelinesBAAQMD, May2011, , pp. 3-2to3-3.
10CalculatedusingenergyutilizationratesfromBAAQMD’sGreenhouseGasModel (BGM).
101 Terminal Court ClearChannel Billboard Project Page 35
receptorsareplaceswherepeoplelive, playorconvalesceandinclude schools, hospitals, residential
areasandrecreationfacilities.
TheProjectitselfisnotconsideredasensitivereceptorandoperationoftheProjectwould notbe
consideredasourceofhazardous emissions. However, construction activitythatusestraditional
diesel-poweredequipmentresultsintheemissionofdieselparticulatematter, whichisconsidereda
toxicaircontaminantandpotentialhealthrisk. Thegenerationoftheseemissionswouldbe
temporary, confinedtotheconstruction-periodofafewactivedaysateachsite.
BAAQMDprovidesadocument titledScreeningTablesforAirToxicsEvaluationduring
Constructiontoestimatethepotentialforsignificant airqualityhealthriskimpactsassociatedwith
constructionactivitybased ongeneralprojectcharacteristics, suchastypeandsize, utilizingworst-
caseandconservative assumptions. Thetableisnotintendedtobeusedforprojectssubstantially
11differentfromthedescribedresidential, commercial andindustrialprojects. Therefore, thetable
cannotbeuseddirectlyforthisProject. However, abriefcomparisonoftheBAAQMDScreening
TabletoProjectcharacteristics isusedtoanalyzethehealthriskimpacts. Thesmallestprojects
identifiedintheScreeningTableinclude constructionofa5unitresidentialprojecton1.7acresand
construction ofa5,000squarefootcommercialprojecton0.2acres. Thescreeningtablereportsthat
underworst-caseconditions, thereisthepotentialforsignificanthealthriskifasensitivereceptoris
locatedwithin95or100meters (upto328feet) ofsuchaconstruction site.
Thenearest sensitivereceptortotheProject siteisover2,300feetaway. Additionally, BAAQMD
ScreeningTablesforAirToxicsEvaluation useatwo-yearconstructionperiodforscreening
purposes, theshortestperiodtheyrecommend withthehealthriskmodeling. Whileitisinappropriate
tousethistable toquantifyanapproximate riskforsuchadifferentprojectthanthoselisted, itis
reasonable toconcludethatemissions andtheresultanthealthrisksfromanexposureperiodofonlya
fewdayswouldbesubstantiallylessthanemissionsovera2yearperiod. Thehealthriskmodelsand
methodsarenotconsideredaccurateforsuchshortdurationsastheconstruction-periodofthis
Project.
Giventhedistancetosensitiveusesandthattheexposureduration wouldbeshorterthanthatableto
beaccuratelymodeledaswellassubstantiallyshorter thanprojectsinBAAQMD’sScreening Table,
itcanreasonablybeassumed thatthepotentialhealthriskfromconstruction-periodemissions would
belessthansignificant.
Additionally, asrecommended bytheBAAQMD, standardconstructionBestManagementPractices
wouldbeimplemented toreduceemissionsasoutlinedinmitigation measureAir-1. Thiswould
furtherreducedieselandparticulatematteremissions.
e) ObjectionableOdors. Operationofthebillboardwouldnotresultinobjectionable odors. During
construction, diesel-poweredvehiclesandequipmentwouldcreateodorsthatsomemayfind
objectionable. However, theseodorswould betemporary andnotlikelytobenoticeablemuchbeyond
theProject site’s boundaries. Therefore, thepotentialforobjectionableodorimpacts isconsidered
lessthansignificant.
11 ScreeningTablesforAirToxicsEvaluation DuringConstructionBAAQMD, May2010, , Version1.0.
Page 36 101 TerminalCourt Clear Channel Billboard Project
4. BIOLOGICALRESOURCES
Would theproject:
a) Have asubstantialadverse effect, eitherdirectlyorthroughhabitat
modifications, onanyspecies identifiedas acandidate, sensitive, orspecial
statusspeciesin localorregional plans, policies, or regulations, orbythe
CaliforniaDepartment of FishandGame orU.S. FishandWildlife Service?
b) Haveasubstantialadverse effect onanyriparianhabitat orothersensitive
naturalcommunity identifiedin localorregionalplans, policies, or
regulations, orbytheCaliforniaDepartment ofFish andGameorUSFish
andWildlife Service?
c) Haveasubstantial adverseeffect onfederallyprotected wetlands asdefined
bySection404oftheCleanWater Act (including, butnotlimited to, marsh,
vernal pool, coastal, etc.) throughdirectremoval, filling, hydrological
interruption, orother means?
d) Interferesubstantiallywiththemovement ofanynativeresidentor
migratory fishorwildlifespecies or withestablishednative resident or
migratorywildlife corridors, orimpede theuseof nativewildlife nursery
sites?
e) Conflict withanylocalpolicies orordinances protectingbiological
resources, suchasatree preservationpolicy orordinance?
f) Conflictwith theprovisionsofan adopted Habitat ConservationPlan,
Natural CommunityConservation Plan, or otherapprovedlocal, regional, or
statehabitat conservationplan?
a-c) SpecialStatusSpeciesandHabitatandWetlands. Abiologicalassessment wasconducted byH.T.
Harveyandassociates, asincludedinfullasAttachmentA. Thisincludedbothdaytimeandevening
sitevisitsonAugust27, 2012andanotherdaytimevisitonAugust31, 2012.
TheProjectsiteislocatedontheperimeterofalargecommercialparkinglot. Theprojectsiteis
pavedandcompletelydevoidofvegetationintheimmediatevicinityoftheproposedbillboard.
Achain-linkfenceseparatestheProjectsitefromanapproximately45-ftwidestripofruderal (i.e.,
disturbance-associated) vegetationthatoccupiestheareabetweentheProjectsiteandU.S. 101tothe
east. Dominantspeciespresent intheadjacentruderalhabitatincludecypress (Cupressus sp.), toyon
Heteromelesarbutifolia), andnon-native Frenchbroom (Cytisusmonspessulanus). Theruderal
habitatimmediatelyeastoftheProjectsite (approximately26fteastoftheproposedbillboardpole)
alsosupportsawetlandwithadense standofhorsetail (Equisetumsp.). Thiswetlandappearstobe
supportedbyrunofffromtheadjacentparkinglot, andmeetsthephysicalcriteriaandregulatory
definitionof “watersoftheUnitedStates”.
DirectEffects ofBillboard Installation
DuetothehighlydisturbednatureoftheProjectsiteandtheimmediatelysurroundingvicinity, itis
extremelyunlikelythatanyspecial-statusspecieswouldoccurintheProjectarea. Thevastmajority
ofplantandanimalspeciesoccurringhereareverycommonspeciesassociatedwithurban,
developed, andruderalconditionsthroughouttheSanFrancisco Bayarea. Therewasnoevidencethat
101 Terminal Court ClearChannel Billboard Project Page 37
sensitive specieswerepresentontheProjectsiteandnohabitatcapableofsupporting sensitive
speciesispresentwithinorimmediatelyadjacenttothesite.
Nowetlands, riparianhabitats, orothersensitivehabitatsarepresentwithintheimmediate Project
site. Thus, sinceconstruction doesnotextendintothehorsetail-linedwetlandtotheeast, nosensitive
habitatswouldbeimpactedbytheconstruction ofthebillboard. Further, nospecial-statusplantor
wildlifespecies areexpectedtooccurwithintheProject area. Theonlywildlifespeciesthatmaybe
usinghabitatsintheimmediate vicinityoftheProjectsiteduringconstructionarecommonbirdssuch
asthehousefinch (Carpodacusmexicanus), American robin (Turdusmigratorius), andnorthern
mockingbird (Mimuspolyglottos). Thesespeciesarelocallyandregionallyabundant, andProject
effectsonthesespecieswillnotbesignificantundertheCEQA.
Theimpactrelatedtodirecteffectsonspecial-statusspeciesandhabitatswouldbelessthan
significant.
IndirectEffectsofIlluminanceonOff-SiteAreas
Thepotentialforimpactsrelatedtoilluminanceofthebillboardonwildlifeinoff-siteareaswas
assessed. Someanimalsareextremelysensitivetolightqueues, whichinfluencetheirphysiologyand
shapetheirbehaviors, particularlyduringbreedingseason. Artificiallightingmayindirectlyimpact
mammalsandbirdsbyincreasing thenocturnal activityofpredators and/orcausing avoidanceof
well-litareasresultinginanetlossofhabitatavailabilityandquality.
TheProjectsiteiscompletelysurroundedbyurbanhabitatsthatdonotsupportsensitivespeciesthat
mightbesignificantlyimpactedbyilluminancefromtheproposedLEDbillboard. Similarly, thesmall
wetlandimmediatelyadjacenttotheProjectsiteisnotexpectedtosupportsensitivespecies. TheSan
FranciscoBaytotheeastprovidessuitablehabitatforavarietyofwildlife, including thefederallyand
statelistedCaliforniaclapperrail (Ralluslongirostrisobsoletus), andthefederallylistedmissionblue
butterfly (Ariciaicarioidesmissionensis) hasbeenobservedatSignHillParktothenorth ofthe
Projectsite. However, thesehabitatsarelocatedtoofarfromtheProjectsitetobeaffected by
illuminancefromtheproposed LEDbillboard. Similarly, ColmaCreektothenorthoftheProjectsite
andtheunnamedchanneltothesoutharelocatedtoofarfromtheProjectsitetobeaffectedby
illuminancefromtheproposed billboard. Theindirectimpactofilluminancefrom thebillboard on
sensitive habitatsandspeciesislessthansignificant.
d) WildlifeCorridors. Thephysicalstructureofthebillboarditselfwouldnotimpactthemovementof
anywildlifespecies. However, avianflight behaviorcouldbeimpactedbyartificialilluminance. The
primarywayinwhichtheluminanceofanLEDbillboardmightimpactthemovementsofbirdsinthe
Projectareaisthroughthedisorientationofnocturnallymigratingbirds. Suchbirdsmayaltertheir
orientation uponsightingthelightandbecomedrawntowardthebillboard, potentiallystriking
objectssuchasbuildings, adjacentpowerlines, oreventhebillboarditself.
Thevisibility oftheproposedLEDbillboard tobirdsinflight, andthustherisktheyposetoflying
birds, dependsprimarilyonthebeamangleofthebillboardsrelativetotheflightlinesofbirds andon
theluminance (brightness) ofthebillboardsasperceived bythebirds. ThedirectionalnatureofLED
lightingandtheprojectedviewing anglevalues of ± 30° verticallyand ± 60° horizontallysuggest that
theviewingangleofthebillboardswill benarrowenoughtoprecludeattractingmigratingbirdson
clear nights, whentheyflyhighenoughtobeoutsidetheviewingangleofthebillboard. Shaders
locatedaboveeachrowoflightswillpreventlightfromprojectingupwardintothesky. Asaresult,
birdsflyingmorethan30° abovethecenter ofthebillboard’sbeamanglewillnotbeaffectedbylight
fromthebillboard. However, migratingbirdsareforcedtoflylowduringfoggy andrainyconditions,
whichmaybringthemintotheviewingangleofthebillboard.
TheLEDdisplayonthebillboardfacecanbechanged every8secondsfromastaticimagetoastatic
image, resultinginachanginglightsource. Colorsandpatternsofcoloronthebillboardwouldthus
Page 38 101 TerminalCourt Clear Channel Billboard Project
bechanging, and birdsflyingnearthebillboardwouldnotperceiveitasafixed, unchanginglight, the
typeoflightthatappearstobemostattractivetobirds.
Itispossiblethatsomebirdsthatfindthemselves nearthecenterofthebeamanglemaybeattracted
tothebillboard. However, thisisnotexpectedtoresultinlong-termconsequences, suchasincreased
bird-strikemortalitiesorsubstantial interferencewithbirdmovements becausethebillboardwillbe
focusedonthehighway, notonairspaceabovethehighway. Thus, arelativelylimitedareaatlow
altitudeaboveU.S. 101willbewithinthecenterofthebillboard’sbeamangle.
Becausetheareasurroundingthebillboardisheavilyurbanizedandcontainsnohabitatsofvalueto
estuarinebirdsusingtheSanFrancisco Bayhabitatstotheeast, wedonotexpect largenumbersof
birds (especiallyspeciesofconservationconcern) tobeflyinginanorth-southdirection, andatlow
altitudesthatwouldbewithinthebeam, close enoughtothebillboard fordisorientationtooccurat
all. Therefore, itisnotexpectedthatbirdsmovingthroughoraroundtheProjectareatobeattracted
tothebillboardforsuchalongdurationthatbird-strikemortalityoccursorsubstantial interference
withbirdmovementsoccurs.
Giventheconfigurationofbirdhabitatsinthevicinityofthesite (whichdoesnotlenditselfto
directedbirdflightstowardthebillboard), thechanging imagesthatwillbedisplayedontheLED
billboard, thenarrowviewingangle, andtheuseofshaders topreventlightfromprojectingupward
intothesky, theProject’simpactsonavianflightbehaviorwouldbelessthansignificant.
d) LocalPoliciesandOrdinances. Therearenolocalpoliciesorordinances directlyapplicabletothis
Project. ThelandscapingontheadjacentCaltranssetback ismaintainedbyCaltranswithbillboard
visibilitytakenintoconsiderationandwouldcontinuetooperatethatway. Notreeremovalis
proposed withthisProject. Therefore, theProjectwouldhavenoimpact regardingconflictswith
localpolicies andordinances, includingtreepreservation.
e) HabitatConservationPlan. Thereisno HabitatConservationPlanapplicabletotheProject site.
Therefore, theProjectwouldhavenoimpact inthisregard.
101 Terminal Court ClearChannel Billboard Project Page 39
5. CULTURALRESOURCES
Would theproject:
a) Causeasubstantial adversechangein thesignificance ofahistorical resource
asdefined inPublic ResourcesSection 15064.5?
b) Causeasubstantial adverse changeinthesignificanceofanarchaeological
resourcepursuanttoPublicResources Section 15064.5?
c) Directly orindirectly destroy auniquepaleontological resourceorsiteor
uniquegeologicfeature?
d) Disturb anyhumanremains, including thoseinterred outside offormal
cemeteries?
a–d) Historic, ArchaeologicalandPaleontological ResourcesandHumanRemains. TheProjectsiteis
previouslydisturbedandtherearenoknownresourcesatthesite. Arecordssearchperformed bythe
NorthwestInformationCenter (includedasAttachment D) resultedinthefollowing considerations:
Basedonanevaluationoftheenvironmentalsettingandfeaturesassociatedwithknownsites, Native
AmericanresourcesinthispartofSanMateoCountyhavebeenfoundincloseproximitytosources
ofwater (includingperennialandintermittentstreamsandsprings), nearthebaymargin andits
associatedwetlands, andnearecotones andotherproductiveenvironments. TheproposedProjectarea
islocatedwithinthelower reachesoftheColmaCreekbasin. Basedon19thcenturymaps, the
Projectareawasdominated byestuariesthathavesincebeencoveredinartificialfill. Giventhe
correlationoftheseenvironmentalfactors, coupledwiththeregionalarchaeologicalsensitivity, there
isamoderatepotentialofunrecordedNative Americanresources (especiallyburieddepositswithno
surfaceindications) withintheproposedProjectarea. Ifpresent, thesewouldbelocatedbelow any
artificialfillatthesurface, butpotentiallywithinthe35footdepthoftheproposeddisturbance. There
isalowpotentialofidentifyingothertypesofunrecordedculturalresources.
MitigationMeasure
Cultural-1: CulturalMonitoringandMitigationPlan. TheProject applicantshallfundpreparationand
implementationofaculturalmonitoring andmitigationplanbyaqualified archaeologistto
addressthepotentialforpresenceanddisturbanceofNativeAmericanarchaeological
resourcesorremainsduringexcavationofthebillboardpolefooting. Thiswillincludeata
minimummonitoring duringexcavation ofthebillboardpolefootingandmayalsoinclude
butisnotlimitedtoadditionalarchivalresearch, handaugersampling, shoveltestunits,
geoarchaeologicalanalysis, orothercommonmethodsusedtoidentifythepresenceof
archaeologicalresourcestobedeterminedpertherecommendationofthequalified
archaeologist. Thearchaeologistandconstruction contractorsshallfollowtheappropriate
proceduresshouldanyculturalresources orhumanremainsbediscovered duringground
disturbance.
Preparationandimplementationofaculturalmonitoringandmitigationplanwouldassurethat
discoveryofanyculturalresourceswouldbeidentifiedandtreatedappropriatelyandthereforethat
anyimpactinthisregardwouldbelessthansignificant.
Page 40 101 TerminalCourt Clear Channel Billboard Project
6. GEOLOGYANDSOILS
Would theproject:
a) Exposepeople orstructures topotentialsubstantial adverseeffects, including
theriskofloss, injury, or deathinvolving:
i) Rupture ofa knownearthquake fault, asdelineated on themostrecent
Alquist-Priolo EarthquakeFaultZoning Mapissuedby theState
Geologistfortheareaorbased onother substantialevidence ofaknown
fault? (RefertoDivision ofMines andGeology SpecialPublication42)
ii) Strong seismicground shaking?
iii) Seismic-relatedground failure, including liquefaction?
iv) Landslides?
b) Result insubstantial soilerosionortheloss oftopsoil?
c) Belocated on ageologic unitorsoilthatis unstable, orthatwouldbecome
unstableas a resultofthe project, andpotentiallyresultin on- or off-site
landslide, lateralspreading, subsidence, liquefaction orcollapse?
d) Be locatedonexpansivesoil, as definedin Table18-1-Bof theUniform
Building Code (1994), creatingsubstantialrisks tolifeorproperty?
e) Havesoilsincapable ofadequatelysupportingtheuseof septic tanks or
alternative wastewater disposal systems wheresewersarenotavailablefor
thedisposalof wastewater?
a, d) SeismicHazards. TheSanFranciscoBayAreaisaseismicallyactive regionandthestructureis
likelytoencounterstrongseismicground shakingduringitslifetime. Additionally, theProject
locationisinthelowlandzoneofSouthSanFrancisco, whichcanbeunderlainbyBayMudand
associatedwithshrink-swell, settlement, corrosivity andliquefaction.12 Thebillboardrequires
buildingpermitsandwouldbeconstructedtothecurrentbuildingcodestandards. Thesestandards
includeconsiderationofgeologicandseismicconditions. Soilconditionsatthebillboardsitewould
beidentifiedandconsidered aspartofthedesignprocess.
13TherearenoactiveearthquakefaultsknowntopassthroughthevicinityoftheProject. Therewould
benoimpactrelatedtoruptureofaknownearthquake fault.
TheProjectsiteisinanareaofrelativelyflattopographyandthepossibilityoflandslidesis
14 Therewouldbenoimpactrelatedtolandslides. considered unlikely.
Therefore, theimpactrelatedtoseismichazards wouldbelessthansignificant.
12 SouthSanFranciscoGeneral PlanCityofSouthSanFrancisco, preparedbyDyettandBhatia, , 1999, pp. 246to250.
13StateofCaliforniaDepartmentofConservation, StateofCalifornia SpecialStudiesZones (Delineatedincompliancewith
Alquist-PrioloSpecialStudiesZonesAct), SanFrancisco South, January1, 1982.
14 SouthSanFranciscoGeneral PlanCityofSouthSanFrancisco, preparedbyDyettandBhatia, , 1999, p.250.
101 Terminal Court ClearChannel Billboard Project Page 41
b) SoilErosion. TheProjectwouldnotinvolvesignificantgrading. TheProjectapplicantmustobtain
coverageundertheGeneralConstructionActivityStormWaterPermit (GeneralConstruction Permit)
issuedbytheStateWater ResourcesControlBoard (SWRCB), whichwilladdressanyerosion
potentialfromgrounddisturbance. Withcompliancewithapplicable regulations, theimpactrelatedto
soilerosionwouldbelessthansignificant.
c, d) UnstableorExpansiveSoil. ConstructionoftheProjectmayrequiretemporarygroundwater
pumping asgroundwatermaybeencounteredduringthedrillingofthefoundationhole. Thehole
wouldbedrilledandthefollowing day, thepolestructurewouldbeinstalledandconcretepouredto
fillthehole. Asaresultcontinuous groundwater pumpingwouldnotberequiredorcausesubsidence
tooccur. Therearenootherknownconditions thatcouldcreatesubstantialrisksrelatedtoexpansive
orunstable soils. Theimpactrelatedtounstable andexpansivesoilwouldbelessthansignificant.
e) SepticTanks. TheProjectwouldnotincludetheuseofseptictanksandassociateddisposalfacilities.
Therefore, theProjectwouldhavenoimpactinthisregard.
Page 42 101 TerminalCourt Clear Channel Billboard Project
7. GREENHOUSE GASEMISSIONS
Would theproject
a) Generate greenhouse gasemissions, either directlyorindirectly, that may
haveasignificantimpact ontheenvironment?
b) Conflict withan applicable plan, policy orregulation adoptedfor thepurpose
ofreducing theemissionsofgreenhouse gases?
a)GreenhouseGasEmissions. BAAQMD hasdeterminedthatgreenhousegas (GHG) emissionsand
globalclimatechangerepresentcumulativeimpacts. BAAQMDdoesnothave anadopted threshold
ofsignificance forconstruction-relatedGHGemissions. Theoperationalthreshold of1,100metric
tonscarbondioxideequivalent (COe) peryearwasusedforbothconstruction-periodandoperational2
periodforaconservativeanalysis.
perBAAQMD’s GHGEmissionsModelincludesaGHGemission factorof804.54lbsofCO2
megawatt-hourofelectricityusage. (OtherGHGswouldhaveanegligible contributiontooverall
GHGlevelsfromenergyusage, sowerenotcalculatedhere.) In2010, ClearChannelbillboards’
averageannualusagefordouble-sidedLEDbillboardsofthesame sizeasthecurrentproposalwas
86,400kwh. Thisresultsinemissionsof31.53metrictonsCOperyearfora14’ by48’ LED2
billboard. Thisiswellbelowthethresholdlevelof1,100metrictons.
BAAQMDdoesnotsuggestathresholdforassessment ofconstruction-periodGHGemissions
impactsorprovideascreeninglevelatwhichtocompare projects. However, withaconstruction
periodofonlyafewdays, construction-periodGHGemissions wouldbeminimalandwouldadda
negligibleamounttothelifetimeoperational GHGemissionsdiscussedabove.
Therefore, theProjectimpactrelatedtoGHGemissionswouldbelessthansignificant.
b) Greenhouse GasReductionPlans. TheProjectisnotlocatedinacommunity withanadopted
qualifiedGHGReduction Strategy, soconsistencywithsuchaplancannotbeanalyzed. GHG
emissionsassociatedwiththedevelopmentoftheproposedProjectwereanalyzed pertheBAAQMD
May2011CEQAAirQualityGuidelines. BAAQMD’sthresholdsandmethodologiestakeinto
accountimplementationofstate-wideregulationsandplans, suchastheAB32ScopingPlanand
adoptedstateregulationssuchasPavleyandthelowcarbonfuelstandard. Therefore, therewouldbe
noimpactinrelationtoconsistencywithGHGreductionplans.
101 Terminal Court ClearChannel Billboard Project Page 43
8. HAZARDS ANDHAZARDOUSMATERIALS
Would theproject
a) Createa significanthazard tothe publicorthe environment throughthe
routine transport, use, ordisposal ofhazardous materials?
b) Createasignificant hazard tothepublic ortheenvironment through
reasonablyforeseeableupset andaccident conditionsinvolvingtherelease
ofhazardous materials intothe environment?
c) Emithazardousemissions orhandle hazardous oracutely hazardous
materials, substances, orwastewithinone-quartermileof anexisting or
proposedschool?
d) Be located ona sitewhich isincluded on a listofhazardous materials sites
compiled pursuant toGovernment Code Section65962.5and, asaresult,
wouldit create asignificanthazard tothe public orthe environment?
e) Foraprojectlocated withinanairportlanduseplanor, where suchaplan
hasnot been adopted, withintwomilesofapublic airportorpublic use
airport, would theproject result inasafetyhazardfor people residingor
workingintheproject area?
f) Foraproject withinthevicinityofaprivateairstrip, wouldtheproject result
ina safetyhazard forpeople residingor working in theprojectarea?
g) Impair implementation of orphysicallyinterfere withanadoptedemergency
responseplanoremergency evacuation plan?
h) Expose peopleorstructurestoasignificant riskofloss, injuryordeath
involving wildlandfires, including wherewildlandsareadjacent to
urbanized areasorwhereresidencesareintermixed with wildlands?
a, b, d) HazardousMaterials. Digitalbillboards aredesigned towithstandwindforcesasrequiredbystate
law, andaresubjecttobuildingpermitrequirements thatensurecompliance withapplicablebuilding
andelectrical codes. Soilconditionsareidentifiedandconsideredinthedesignofsuchstructures. No
hazardousmaterialsareemittedduringoperationofthebillboard.
Projectoperationsarenotexpectedtocreateasignificanthazardthroughtheroutinetransport, useor
disposalofhazardousmaterials. Itisassumedthatanymaterialsusedduringconstruction activitiesor
formaintenanceofthebillboardthatwouldbeconsideredhazardous wouldbeutilizedincompliance
withapplicableregulations. Itisalsonotedthatstateandfederallawsrequireproperhandling, use
anddisposalofhazardousmaterials. Thesesamelawsandregulations requiretheprevention and
reduction ofinjurytopeopleandtheenvironmentintheeventofanaccidentalrelease. Consequently,
therearenoreasonablyforeseeableoperational upsetoraccidental conditionsthatwouldinvolvea
significantreleaseofhazardous materialsintotheenvironment.
Duringtheinstallationprocessofthebillboard, holeswouldbedrilledandtheexcavatedsoilwould
betransportedoffsite. TheProjectwillalsoincludetrenchingtoconnecttoelectrical supply. Priorto
construction activities, thesitewillbeassessed forthepresenceofhazardousmaterials, which, if
present, would behandledappropriately, asperthefollowingmitigation:
Page 44 101 TerminalCourt Clear Channel Billboard Project
MitigationMeasures
Haz-1: PhaseIand/orPhaseIIReports. Priortoissuanceofconstructionpermits, theCity
ofSouthSanFranciscoshallrequire theProjectapplicanttosubmitaPhaseI
environmentalsiteassessment report, andaPhaseIIreportifwarrantedbythePhase
IreportfortheProjectsite. Thereportsshallmakerecommendationsforremedial
actioninaccordancewithStateandFederallaws, ifappropriate, andshouldbesigned
byaRegisteredEnvironmental Assessor, ProfessionalGeologist, orProfessional
Engineer. TheApplicantshallcomplywiththeserecommendations.
Haz-2: E-WasteDisposal. Electronic components ofthebillboardmaycontainmaterials
considered “e-waste” whendisposedofduetopotentiallyhazardous metals, flame
retardants, andotherchemicals. Theoperatorshallberequired tofollowapplicable
regulations regardingproperdisposaland/orrecycling, asappropriate, ascomponents
arereplacedorremovedovertime.
Withimplementation ofMitigation MeasuresHaz-1andHaz-2, theimpactrelatingtothepossible
presence ofhazardousmaterialsatthissitewouldbelessthansignificant.
c) Hazardous MaterialsNearSchools. Noschool islocatedwithinone-quartermileoftheProjectsite.
Nohazardousmaterialswiththepotentialforreleaseduringoperationwouldbehandledonor
emittedfrom thesite. TheProjectwouldrepresentnoimpactrelativetothepotentialexposure of
studentsatnearbyschoolstohazardousmaterialsattheProjectsite.
e, f) Airport Hazards. TheclosestairportistheSanFranciscoAirport locatedapproximately1mile
southeastfromtheProjectsite. ThisiswithinthejurisdictionoftheAirport LandUsePlanforthe
SanFranciscoInternationalAirport, thoughthesiteisnotdirectlywithintheapproachpathway.
FederalAviationRegulations, Part77, limitsstructureheightsto anelevation of161feetabovemean
sealevelinthemostrestrictedareas, increasingataslope of20:1toaheightof361feetabovemean
15sealevel. Theproposedbillboardwouldriseamaximum of70feetaboveasiteapproximately11
feetabovemeansealevel. Thebillboardheightwouldbebelowapplicableheightrestrictions.
Additionally, thebillboardwouldnotbeconsideredahazardtoairnavigationasitwouldnotgenerate
smokeorrisingcolumnsofair, wouldnotattractlargeconcentrations ofbirds, wouldnotgenerate
electrical interferencethatwouldinterferewithaircraftcommunications oraircraftinstrumentation,
16wouldnotreflectsunlight, andwouldnotdirectsteadyorflashinglightstowardaircraft.
Therearenootherairports, eitherpublicorprivate, withinthevicinityoftheProject. Therewouldbe
alessthansignificantimpactrelatedtoairporthazards.
g) Emergency ResponsePlan. TheProjectwouldnotaltertrafficpatternsandwouldnotimpair
implementationofanyadoptedemergency responseplanoremergency evacuationplan. Therefore,
theProjectwouldhavenoimpact inthisregard.
h) WildlandFire. TheProjectsiteislocated inanurbanizedarearemovedfromareastypicallysubjectto
wildlandfire. Therefore, theProjectwouldhavenoimpactrelatedtowildlandfire.
15 SanMateoCountyComprehensiveAirportCity/CountyAssociation ofGovernmentsofSanMateoCounty, December1996,
LandUsePlanMapSFO-4.
16Ibid, p.V.-19.
101 Terminal Court ClearChannel Billboard Project Page 45
9 HYDROLOGYANDWATERQUALITY
Would theproject:
a) Resultin asignificant increaseinpollutant discharges toreceiving waters
marine, fresh, and/orwetlands) duringorfollowing construction
consideringwaterqualityparameters suchastemperature, dissolved
oxygen, turbidity, andtypicalstormwater pollutants, e.g., heavymetals,
pathogens, petroleum derivatives, syntheticorganics, sediment, nutrients,
oxygen-demanding substances, andtrash?
b) Substantially deplete groundwatersuppliesorinterfere substantially with
groundwaterrecharge suchthattherewouldbe anetdeficit inaquifer
volume ora loweringofthelocal groundwater tablelevel (e.g., the produc-
tionrateof pre-existing nearbywellswould droptoalevelwhichwould not
supportexistinglandusesorplannedusesfor whichpermitshavebeen
granted)?
c) Substantiallyaltertheexistingdrainagepattern ofthesiteorarea, including
through thealteration ofthecourse ofastreamorriver, inamanner which
wouldresultinsubstantial erosion orsiltation on- oroff-site?
d) Substantially increase therateoramountofsurface runoff (e.g., duetodue
toincreased impervious surfaces) ina mannerwhichwould result in
floodingon- oroff-site (i.e. withinawatershed)?
e) Create orcontributerunoffwaterwhich wouldexceedthe capacityof
existingorplanned stormwater drainage systemsduetochanges in runoff
flowrates or volumes?
f) Resultinan increaseinanypollutantfor which a waterbodyislisted as
impairedunderSection303(d) oftheCleanWaterAct?
g) Placehousingwithina100-yearflood hazardarea as mappedonafederal
FloodHazard Boundaryor FloodInsurance RateMaporother flood hazard
delineation map?
h) Placewithina100-yearfloodhazardareastructures, whichwouldimpedeor
redirect floodflows?
i) Exposepeople orstructures to asignificantriskofloss, injuryor death
involving flooding, includingflooding asaresult ofthefailure of aleveeor
dam?
j) Inundationbyseiche, tsunami, ormudflow?
a, f) WaterQualityandPollutants. Operation oftheProjectdoesnotinvolvetheuseofwateror
generation ofwastewater. Construction activities, suchasdrillingaholeforthefoundationand
pouringconcrete, havethepotentialtoimpactwaterquality. Theseactivitieshavethepotentialto
increasesedimentloadsinrunoffthatwouldenterthecombinedsewersystem. Fuel, oil, grease,
solvents, andotherchemicalsusedinconstructionactivitieshavethepotentialtocreatetoxicity
problemsifallowedtoenterawaterway. Constructionactivitiesarealsoasourceofvariousother
materialsincluding trash, soap, andsanitarywastes.
Page 46 101 TerminalCourt Clear Channel Billboard Project
ConstructionactivitiesattheProjectsitewouldbelimitedtoafewdaysforinstallation. Potential
impactswouldbeminimal, andcompliancewithCityandStateregulationswouldreduceany
potentialimpactstosurfacewateranddrainagetoalessthansignificant level.
b) TheproposedProject isnotexpectedtoinvolvesubstantialexcavationthatwouldimpact
groundwater. TheProjectinvolvesdrillingholesapproximately5feetindiameterwithadepthof
approximately 32feet, whichcouldresultingroundwaterbeingencountered. Intheeventthat
groundwaterisencounteredanddewateringactivitiesarerequired, itwouldbeshort-termaseachsite
installationisexpectedtotakeonlyafewdaystocompleteandtheholewouldbefilledwithconcrete
resultinginminimaleffectstogroundwater. Anydewateringactivitiesassociatedwiththeproposed
ProjectmustcomplywiththeGeneralConstructionPermitandrequirementsestablished bytheSan
FranciscoBayRegionalWaterQualityControlBoardtoensure thatsuchactivitieswouldnotresultin
substantialchangesingroundwaterfloworquality.
Followingconstruction, theProjectwouldnotsubstantially changeimpervioussurfaceareaand
wouldnothaveasubstantial impactongroundwaterrecharge.
Therefore, theproposedProjectwouldhave alessthansignificantimpactongroundwater.
c-e, g-i) Runoff, DrainageandFlooding. TheProjectwouldnotrequireserviceforwater. Existing
drainageateachsitewouldbemaintained, andnoincreases instormwaterwouldresult. TheProject
17isnotlocatedina100yearfloodzoneanddoesnotconsistofhousingorpresentariskforflooding
orredirectionoffloodflows. Therefore, therewould benoimpactsrelatedtorunoff, drainageor
flooding.
j) Inundation. TheproposedProjectislocatedover4,000feetfromtheSanFranciscoBay, andover6
milesfromthePacificOcean. Projectsiteelevationsare between10and11feetabovemeansea
level. Waverunupfromatsunami isestimatedat6feetabovemeansealevelfora500-year
tsunami.18 Climatechangeinducedsealevelriseis estimated atupto17inchesby2050and69
19inchesby2100. Therefore, thesiteisnotindangerofinundationfromatsunamiorclimatechange
inducedsealevelrise. Further, thesiteisnotlocated nearaninlandbodyofwater, norisitlocated
adjacenttoasoilslopesusceptible torapidmasswastingormudflows. Therefore, therewouldbea
lessthansignificantimpactduetoinundation byseiche, tsunami, mudfloworsealevelrise.
17 SouthSanFranciscoGeneral PlanCityofSouthSanFranciscopreparedbyDyett & Bhatia, October199, , Figure8-3.
18 SouthSanFranciscoGeneralPlan: HealthandSafetyElementCityofSouthSanFrancisco, preparedbyDyettandBhatia, ,
1999, p. 250.
19 SanFranciscoBayPlanBayConservationandDevelopmentCommission, adoptedOct6, 2011, .
101 Terminal Court ClearChannel Billboard Project Page 47
10. LANDUSEANDPLANNING
Would theproject:
a) Physicallydivideanestablishedcommunity?
b) Conflictwithanyapplicable landuseplan, policy, or regulationofan
agencywithjurisdictionovertheproject (including, butnotlimitedtothe
general plan, specific plan, localcoastalprogram, orzoning ordinance)
adoptedforthepurposeofavoiding ormitigating anenvironmental effect?
c) Conflictwithanyapplicable habitatconservation plan ornaturalcommunity
conservationplan?
a) PhysicalDivisionofaCommunity. TheProjectsiteisattheboundary ofcurrentlydeveloped parcels
andhighways. Thebillboardwouldnotinvolveanyphysicalchangesthatwouldhavethepotentialto
dividetheestablishedcommunity. Thus, theProjectwould havenoimpactconcerningcommunity
division.
b) ConflictwithLandUsePlan. Digitalbillboardsarenotcurrentlyallowed underSouthSanFrancisco
ZoningCode. AmendmentoftheZoningCodeasproposedwiththisProjectcouldallowalimited
numberofdigitalbillboards (uptothreetotal) ifapprovedinconjunction withRelocation
Agreements. TheProjectwillcomplywithOutdoorAdvertisingAssociationofAmericaguidelinesto
minimize light (seetheAestheticssectionforadditionaldetail) andapplicablehighwaysafety
regulations (seetheTransportationsectionforadditionaldetail) tominimizehazards. Therefore,
assumingapprovaloftheZoningCodeamendments, theProjectwouldhavealessthansignificant
impactwith regardtolanduseplanconflicts.
c) ConflictwithConservationPlan. TheProjectsiteisnotsubjecttoaconservationplan. Itis
surrounded byurbandevelopmentandhasbeendesignatedforsuchlanduseforaconsiderableperiod
oftime. TheProjectwould, therefore, havenoimpactinrelationtothisitem.
Page 48 101 TerminalCourt Clear Channel Billboard Project
11. MINERALRESOURCES
Would theproject:
a) Resultin theloss ofavailabilityofaknownmineral resource thatwould
beofvalue to the region and theresidents ofthe state?
b) Resultinthelossofavailabilityofalocally-important mineralresource
recovery sitedelineated ona localgeneral plan, specific plan orotherland
use plan?
a, b) MineralResources. Thesitecontainsnoknown mineralresources andhasnotbeendelineatedasa
20locallyimportantmineralrecoverysiteonanylanduseplan. TheProjectwouldhavenoimpact with
regardtomineralresources.
20U.S. GeologicalSurvey, 2005, MineralResourcesDataSystem: U.S. Geological Survey, Reston, Virginia. Availablethrough:
http://tin.er.usgs.gov/mrds/
101 Terminal Court ClearChannel Billboard Project Page 49
12. NOISE
Wouldtheproject result in:
a) Exposureofpersonstoorgeneration ofnoise levelsin excess ofstandards
established inthelocalgeneral planor noiseordinance, orapplicable
standards ofotheragencies?
b) Exposure of persons toorgeneration of excessive groundborne vibration
orgroundbornenoiselevels?
c) Asubstantial permanentincrease inambientnoiselevels intheproject
vicinity above levels existing withoutthe project?
d) Asubstantial temporary orperiodicincreaseinambient noise levelsinthe
project vicinity abovelevels existing withouttheproject?
e) Foraproject locatedwithinanairport landuseplanor, wheresucha plan
hasnotbeenadopted, within twomiles of apublicairport orpublicuse
airport, exposureofpeople residing orworking intheprojectareato
excessivenoiselevels?
f) Foraproject in thevicinity of aprivateairstrip, exposureof people
residingor workingintheprojectarea toexcessive noiselevels?
a-d) Excessive NoiseorVibration. Noiseimpactsresultingfromconstruction dependonthenoise
generatedbyvariouspiecesofconstruction equipment, thetiminganddurationofnoisegenerating
activities, andthedistancebetweenconstruction noisesourcesandnoisesensitivereceptors.
Constructionnoiseimpactsprimarilyoccurwhen constructionactivitiesoccurduringnoise-sensitive
timesoftheday (earlymorning, evening, ornighttime hours), theconstructionoccursinareas
immediatelyadjoiningnoisesensitivelanduses, orwhenconstructiondurationslastoverextended
periodsoftime (typicallygreaterthanoneyear).
Significant noiseimpactsdonotnormallyoccurwhenstandardconstructionnoisecontrolmeasures
areenforcedattheProjectsiteandwhenthedurationof thenoisegeneratingconstruction period ata
particularreceiverorgroupofreceivers islimitedtooneconstruction seasonorless. Inthiscase, the
constructionperiodwouldspanonlyafewdays. Reasonableregulationofthehoursofconstruction,
aswellasregulationofthearrivalandoperationofheavyequipmentandthedeliveryofconstruction
material, arenecessarytoprotectthehealthandsafetyofpersons, promotethegeneralwelfareofthe
community, andmaintainthequalityoflife.
TheSouthSanFrancisco NoiseOrdinance (Chapter8.32oftheMunicipal Code, Section8.32.050)
restrictsconstruction activitiestothehoursof8:00a.m. to8:00p.m. onweekdays, 9:00a.m. to8:00
p.m. onSaturdays, and10:00a.m. to6:00p.m. onSundaysandholidays. Thisordinancealsolimits
noisegenerationofanyindividualpieceofequipmentto90dBAat25feetoratthepropertyline.
ConstructionactivitieswillcomplywiththeNoiseOrdinance.
Operationofadigitalbillboarddoesnotproducesubstantiallevelsofvibrationornoise.
Impactsfromnoiseandvibrationgeneratedbytheconstructionandoperationofthebillboardareless
thansignificant.
e-f) AirportNoise. Abillboardisnotanoisesensitiveuse. Therefore, theProjectwouldresultinno
impactunder thiscriterion.
Page 50 101 TerminalCourt Clear Channel Billboard Project
13. POPULATION ANDHOUSING
Would theproject:
a) Inducesubstantial population growth inan area, either directly (for
example, by proposingnewhomes andbusinesses) or indirectly (forexample,
throughextension of roads orotherinfrastructure)?
b) Displacesubstantial numbersofexisting housing, necessitatingthe
construction ofreplacementhousingelsewhere?
c) Displace substantialnumbers ofpeople, necessitatingtheconstruction of
replacementhousingelsewhere?
a-c) SubstantialPopulationGrowth. TheproposedProjectwouldnotinducepopulationgrowthandwould
displaceneitherexistinghousingnorpeople. Therefore, therewouldbenoimpact inthisregard.
101 Terminal Court ClearChannel Billboard Project Page 51
14. PUBLIC SERVICES
Wouldtheproject result insubstantialadversephysicalimpacts associatedwith
theprovisionofnew orphysicallyaltered governmental facilities, needfornew
orphysically alteredgovernmental facilities, theconstruction ofwhichcould
causesignificant environmental impacts, inordertomaintainacceptable service
ratios, response timesorotherperformance objectives forany ofthefollowing
public services?
a)Fireprotection.
b)Policeprotection.
c)Schools.
d)Parks.
e)Otherpublicfacilities.
a-e) PublicServices. TheproposedProjectwouldnotincreasethedemandforpublicservices. Therefore,
therewouldbenoimpact inthisregard.
Page 52 101 TerminalCourt Clear Channel Billboard Project
15. RECREATION
Would theproject:
a) Increasethe useofexisting neighborhood andregional parks orother
recreationalfacilitiessuchthatsubstantial physical deterioration ofthe
facility wouldoccurorbeaccelerated.
b) Includerecreational facilitiesorrequire theconstruction or expansionof
recreational facilities whichmighthave anadverse physicaleffect onthe
environment.
a-b) Recreation. TheproposedProjectwouldnotconstructorincreasetheuseofrecreationalfacilities.
Therefore, therewouldbenoimpactinthisregard.
101 Terminal Court ClearChannel Billboard Project Page 53
16. TRANSPORTATION
Would theproject:
a) Conflict withanapplicable plan, ordinance orpolicyestablishingmeasures
ofeffectiveness for theperformanceofthecirculation system, taking into
account allmodes oftransportation including masstransit andnon-
motorizedtravelandrelevantcomponents ofthecirculationsystem,
includingbut notlimited tointersections, streets, highwaysandfreeways,
pedestrianand bicycle paths, andmasstransit?
b)Conflictwithanapplicablecongestionmanagement program, including, but
notlimitedto levelof servicestandards and travel demand measures, or
otherstandardsestablished bythecounty congestion managementagency
fordesignated roadsorhighways?
c) Result inachangeinairtraffic patterns, including eitheranincrease in
trafficlevelsora changeinlocationthatresultsinsubstantialsafetyrisks?
d) Substantially increasehazards dueto adesign feature (e.g., sharp curves or
dangerous intersections) orincompatibleuses (e.g., farmequipment)?
e) Result ininadequate emergencyaccess?
f) Conflict with adoptedpolicies, plans, or programsregarding public transit,
bicycle, or pedestrianfacilities, orotherwise decrease theperformanceor
safetyofsuch facilities?
a-c, f) VehicleandAirTrafficandAlternativeTransportation. Theoperationofdigitalbillboardswould
notresultinanyincreaseinvehicletripsorchangesinairtrafficpatternsoralternativetransportation.
Trafficgeneratedforconstructionwouldbeminimalinbothlevelandduration. Therewouldbeno
impact inthisregard.
d) Hazards. TheProjectproposestoconstructandoperateonedouble-sideddigitalbillboardandamend
theZoningCodetoalsoallowuptotwoadditionaldigitalbillboards alongU.S. 101withintheCity
limits, ifapprovedinconjunction withRelocationAgreements. Thebillboardswouldbevisiblefrom
theroadway.
DigitalbillboardsemployLEDtechnologyandallowforperiodicchangesindisplay. Thecapability
ofdigitalbillboards topresentchangingimages hasraisedconcernsregardingtheeffectofsuch
signageontrafficsafety. Theprimaryconcernhasbeeneffectsondriverattention, butconcernshave
alsobeenraised regardingthepotentialforsuchsignagetoproducelightofsuchintensityordirection
thatitcouldinterferewithdrivervision.
FHWAhasaddressedsignageissuesin general, anddigitalsignsinparticular. Aspartofits
agreementwithvariousstatespursuanttotheHighwayBeautificationAct, forexample, FHWAhas
confirmedthatnosignisallowedthatimitatesorresemblesanyofficialtrafficsign, andthatsigns
maynotbeinstalledinsuchamanner astoobstruct, orotherwisephysicallyinterferewithanofficial
trafficsign, signal, ordevice, ortoobstructorphysicallyinterferewiththevisionofdriversin
approaching, mergingorintersectingtraffic. TheseprovisionsmaybeenforcedbytheFHWA, butthe
agreementwiththeState ofCalifornia alsorequiresCaltranstoenforcetheseprovisions.
Page 54 101 TerminalCourt Clear Channel Billboard Project
TheFHWAagreement withCaliforniaincludesspecificprovisionsregarding thebrightness of
signage:
Signsshallnotbeplacedwithilluminationthatinterfereswiththeeffectiveness of, orobscuresany
officialtrafficsign, deviceorsignal; shallnotincludeorbeilluminatedbyflashing, intermittentor
movinglights (exceptthatpartnecessarytogivepublicserviceinformationsuchastime, date,
temperature, weatherorsimilarinformation); shallnotcausebeamsorraysoflighttobedirectedat
thetraveledwayifsuchlightisofsuchintensityorbrillianceastocauseglareorimpairthevisionof
anydriver, ortointerferewithanydriver’soperationofamotorvehicle. (AgreementdatedFebruary
15, 1968)
TheFHWAhasrespondedtothedevelopment ofsignsthatpresentchangingmessages, either
mechanicallyordigitally, withaninterpretationofitsagreements withthestatespursuanttothe
HighwayBeautificationAct. TheFHWAdiscussed “changeablemessage signs” inaMemorandum
datedJuly17, 1996, concludingthatastatecouldreasonablyinterprettheprovisions ofitsagreement
withtheFHWA “…toallowchangeablemessagesigns… Thefrequencyofmessagechangeand
limitationinspacingforthesesignsshouldbedeterminedbytheState.”
OnSeptember25, 2007theFHWAagainissuedaMemorandumonthesubjectofoff-premises
changeableelectronicvariablemessagesigns, orCEVMS. TheMemorandum statedthatproposed
laws, regulations andproceduresthatallowedCEVMSsubjecttoacceptablecriteriawouldnotviolate
theprohibitionon “intermittent” or “flashing” or “moving” signsasusedinthestateagreements. The
Memorandumidentified “rangesofacceptability” relatingtosuchsignage, asfollows:
Durationofmessage: Durationofdisplayisgenerallybetween4and10seconds; 8secondsis
recommended;
Transitiontime: Transitionbetweenmessagesis generallybetween1and4seconds; 1to2
secondsis recommended;
Brightness: Thesignbrightnessshouldbeadjustedtorespondtochangesinlightlevels;
Spacing: Spacingbetweenthesigns shouldbenotlessthantheminimum specifiedforother
billboards, orgreaterifdeemedrequiredforsafety;
Locations: Locationcriteriaarethesameasforothersignage, unlessitisdeterminedthatspecific
locations areinappropriate.
TheProject asproposedwillcomplywiththesecriteria.
TheMemorandumalsoreferredtootherstandardsthathavebeenfoundhelpfultoensuredriver
safety. Theseincludeadefaultdesignedtofreezethedisplayinonestillpositionifamalfunction
occurs; aprocessformodifying displaysandlightinglevelswheredirectedbyCaltranstoassure
safetyofthemotoringpublic; andrequirements thatadisplaycontainstaticmessageswithout
movementsuchasanimation, flashing, scrolling, intermittentorfull-motion video. Manufacturersand
operatorsofdigitalbillboardscurrentlyuseafull-blackscreenintheeventofamalfunction.
InadditiontotheprovisionsoftheHighway BeautificationAct (23U.S.C. §131) andtheFHWA
memorandadiscussedabove, thestate ofCaliforniahasadoptedtheOutdoorAdvertisingAct
BusinessandProfessionsCode §§5200etseq.) andregulationsimplementing itsprovisions
California CodeofRegulations, Title4, Division6, §§2240etseq.). Theseincludeprovisions that
dealspecifically with “messagecenters,” whicharedefinedas “…anadvertisingdisplaywherethe
messageischanged morethanonceeverytwominutes, butnomorethanonceeveryfourseconds.”
5216.4)
ConsistentwiththememorandaexecutedpursuanttotheHighwayBeautification Act, theOutdoor
AdvertisingActprovidesthatmessagecenterdisplaysthatcomply withitsrequirements arenot
considered flashing, intermittentormovinglight. (§5405(d)(1)) Therequirements provide thatsuch
signsmustnotdisplaymessagesthatchangemorethanonceeveryfourseconds, andthatnomessage
101 Terminal Court ClearChannel Billboard Project Page 55
centermaybeplacedwithin 1,000feetofanothermessage centerdisplayonthesamesideofthe
highway.
TheCalifornia VehicleCoderegulatesthebrightnessofbillboardlighting. VehicleCode §21466.5,
whichidentifiestheapplicablestandard, maybeenforcedbyCaltrans, theCaliforniaHighwayPatrol,
orlocalauthorities. VehicleCode §21467providesthateachprohibitedsign, signal, deviceorlightis
apublicnuisanceandmayberemoved withoutnoticebyCaltrans, theCaliforniaHighwayPatrolor
localauthorities.
Caltransrequiresthatanypersonengaged intheoutdooradvertisingbusinessmustobtain alicense
fromCaltransandpaytherequiredfee. (§5300) Nopersonmayplaceanyadvertisingdisplayinareas
subjecttoCaltransauthoritywithouthavingawrittenpermitfromCaltrans. (§5350)
Theseprovisionsoflawandregulationeffectivelyregulatesignlocationandbrightness toensure that
digitalbillboards willnotbelocated insuchamannerastocreatehazardsduetolightingconditions
themselves. Digitalbillboardsareequippedwithsensorsthatmodifythebrightness ofthesignin
responsetoambientlightingconditions, thusensuring thatthebrightness ofthedisplayinevening,
nighttime ordawnconditionsdoesnotpresentatraffic hazard.
Asdigitalbillboard technologyhasdeveloped, theissuehasbeenraisedastowhetherdigital
billboardsthemselves, regardlessofcompliancewithsuchoperatingrestrictions, presentadistraction
todriversandtherebycreateconditions thatcouldleadtoaccidents. FHWAhasmonitoredtheissue
closely, andreleaseditsreportupdatingtheagency’sview oftheissuesandresearch. Thereport is
entitled: “TheEffectsofCommercialElectronicVariableMessageSigns (CEVMS) onDriver
21AttentionandDistraction: AnUpdate.”
TheFHWAreportaddressedthebasicresearch questionofwhetheroperationofaCEVMSalongthe
roadwayis associatedwithareductionofdriving safetyforthepublic. Thereportidentifiedthree
fundamental methodsforanswering thisquestion: (1) whetherthereisanincreaseincrashratesinthe
vicinityofCEVMS, (2) whetherthereisanincreaseinnear-crashes, suddenbraking, sharpswerving
andothersuch behaviorsinthevicinityofCEVMS, and (3) whetherthereareexcessiveeyeglances
awayfromtheroadwayinthevicinityofCEVMS.
Thereportdiscussesexisting literatureandreportsofstudies, keyfactorsandmeasuresrelatingto
CEVMS andeffectsontraffic, andrecommendsastudyapproach. Anextensivebibliography is
includedinthereport. Thereportdoes notpurport toprovideguidancetostatesonthecontrolof
CEVMS. Thereportconfirmedthattherehavebeennodefinitiveconclusionsaboutthepresenceor
strengthofadverse safetyimpactsfromCEVMS. Similarly, astudyperformed undertheNational
CooperativeHighway ResearchProgram (NCHRP), Project20-7 (256) entitled “SafetyImpactsofthe
EmergingDigitalDisplayTechnologyforOutdoorAdvertisingSigns” (NCHRPReport) reviewed
existingliterature. Bothreportsagreedthatdigitalbillboardsshouldberegulatedasameansof
protectingthepublicinterest.
Variousrestrictionshavebeenidentifiedinreportsthatrelatetothelocation andoperationofdigital
billboards thatseektoreducesafetyconcerns. Theserelatetobrightness, messagedurationand
messagechangeinterval, billboardlocationwithregardtoofficialtrafficcontroldevices, roadway
geometry, vehiclemaneuverrequirements atinterchanges (i.e., lanedrops, mergesanddiverges), and
withregardtothespecificconstraintsthatshouldbeplacedontheplacementandoperationofsuch
signs. Regulation ofoperations could include, forexample, thetimeanysinglemessage maybe
displayed, thetimeofmessagetransition, brightnessofthesignandcontrolsthatadjustbrightness
21U.S. DepartmentofTransportationFederalHighwayAdministration, TheEffectsofCommercialElectronicVariable
MessageSigns (CEVMS) onDriverAttention andDistraction: AnUpdate, February2009, Publication no. FHWA-HRT-09-018.
Availableathttp://www.fhwa.dot.gov/realestate/cevms.htm.
Page 56 101 TerminalCourt Clear Channel Billboard Project
basedontheambientlightenvironment, anddesignandplacementthatensuresthatthesigndoesnot
confusedrivers, orcreatedangerous glare.
Restrictionsondigitalbillboardscontainedwithin theOutdoorAdvertisingActandenforcedby
Caltransregulatemanyoftheconditions thathavebeenidentifiedasrelevanttotrafficsafety.
Caltrans regulatesthelocationandsizeofeachproposeddigitalbillboardthrough itsapplication
processaswellasthedistancebetweensuchsigns. Californiastatutoryprovisionsregulate brightness
ofdisplays. ThroughstatelawandtheVehicleCode, suchsignagewouldbeprohibitedfrom
displayingflashinglightsorimages.
Itshouldbenotedthattherearevariousstudiessupportingconflictingconclusionsregardingthe
safetyofdigitalbillboardsandincidenceofdriverdistraction. Thisanalysishasbeenperformed
utilizingstateandfederalpublishedstudiesandadoptedregulationsasthebestinformation available
atthistime.
Significant effectscouldoccuriftheproposeddigitalbillboarddidnotcomplywithrestrictions
regardinglocation, intensityoflight, lighttrespass, orotherrestrictions, especiallythoseenforcedby
theCaliforniaDepartment ofTransportation (Caltrans) pursuant toitsauthorityundertheagreements
betweentheU.S. Department ofTransportation undertheHighwayBeautificationAct, andthe
OutdoorAdvertising Act. MitigationMeasureTraf-1wouldensure thattheCityreceivesaccurate
informationfromtheoperatorregarding complianceonanongoingbasis.
MitigationMeasure
Traf-1: AnnualReport. Theoperatorthedigitalbillboardshallsubmitto theCity, within
thirtydaysfollowingJune30ofeachyear, awrittenreportregardingoperationof
eachdigitalbillboard duringtheprecedingperiodofJuly1toJune30. Theoperator
maysubmitacombinedreport forallsuchdigitalbillboardsoperatedbysuch
operatorwithintheCitylimits. Thereportshall, whenappropriate, identifyincidents
orfactsthatrelatetospecificdigitalbillboards. Thereportshallbesubmittedtothe
DirectoroftheEconomicandCommunityDevelopment Departmentandshall
includeinformationrelatingtothefollowing:
a. Statusoftheoperator’slicenseasrequiredbyCaliforniaBusinessand
ProfessionsCode §§5300etseq.;
b. Statusoftherequiredpermitforindividual digitalbillboards, asrequiredby
CaliforniaBusiness andProfessions Code §§5350etseq.;
c. Compliance withtheCaliforniaOutdoorAdvertisingAct, CaliforniaBusiness
andProfessionsCode §§5200andallregulations adoptedpursuant tosuchAct;
d. Compliance withCaliforniaVehicleCode §§21466.5and21467;
e. Compliance withprovisions ofwrittenagreements betweentheU.S. Department
ofTransportationandtheCalifornia Department ofTransportationpursuantto
thefederalHighwayBeautification Act (23U.S.C. §131);
f. CompliancewithmitigationmeasuresidentifiedintheMitigatedNegative
Declaration adoptedaspartofProjectapproval;
g. Eachwrittenororalcomplaintreceived bytheoperator, orconveyedtothe
operatorbyanygovernment agencyoranyotherperson, regardingoperationof
eachdigitalbillboardincludedinthereport;
h. Eachmalfunctionorfailureofeachdigitalbillboardincludedinthereport,
whichshallincludeonlythosemalfunctions orfailuresthatarevisible tothe
nakedeye, includingreason forthemalfunction, durationandconfirmationof
repair; and
101 Terminal Court ClearChannel Billboard Project Page 57
i. Operating statusofeachdigitalbillboardincludedinthereport, including
estimateddateofrepairandreturntonormaloperationofanydigitalbillboard
identifiedinthereportasnotoperating innormalmode.
Anotherareaofconcernisthepotential developmentofinteractivebillboardsthatwouldbecapable
ofcommunicating withvehiclesorpassengers. Theuseanddevelopmentofthistechnology would
haveconsequences, andshouldbeidentifiedbytheoperatorpriortoanyimplementation. Mitigation
Measure Traf-2, setforthbelow, wouldrequirenoticetotheCityintheeventsuchfeaturesare
proposed. Themitigationmeasurealsoconfirmsprohibitionsonvisualeffects.
MitigationMeasure
Traf-2: OperationalSafety. Theoperationofthedigitalbillboardshallcomplywiththe
followingatalltimes:
a. Nospecialvisualeffectsthatincludemovingorflashinglightsshallaccompany
anymessageorthetransitionbetweentwosuccessivemessages
b. Theoperator shallnot installorimplementanytechnology thatwouldallow
interactionwithdrivers, vehiclesoranydevicelocatedinvehicles, including, but
notlimitedtoaradiofrequencyidentification device, geographic positions
system, orotherdevicewithoutpriorapprovaloftheCityofSouthSan
Francisco, takingintoconsiderationtechnicalstudiesandCalTrans orUSDOT
policiesandguidanceavailableatthetimeoftherequest.
Implementation ofMitigationMeasuresTraf-1andTraf-2wouldensureongoingcompliance with
trafficsafetyregulationsandcontroltheuseofvisualeffectsanddriverinteractionthatcoulddistract
drivers. Withimplementation ofthesemitigationmeasures, impactsontransportation andtraffic
safetywouldbelessthansignificant.
e) InadequateEmergencyAccess. Theproposeddigitalbillboard wouldbelocatedoutsidetravelled
portionsoftheroadwayandwouldpresentnoobstaclestoemergencyaccess.
Thebillboardwouldhavethecapacitytodisplayofficialmessagesregardingemergencies, andcould
performaspartoftheemergency responsesystem, thusresultinginbeneficial impacts. Therefore, the
Projectwouldhavenoimpactwithregardtoinadequateemergencyaccess.
Page 58 101 TerminalCourt Clear Channel Billboard Project
17. UTILITIESANDSERVICESYSTEMS
Would theproject
a) Exceedwastewater treatmentrequirementsof the applicableRegional
WaterQualityControl Board?
b) Requireorresultintheconstruction ofnewwaterorwastewater treatment
facilitiesorexpansion ofexisting facilities, theconstruction ofwhich could
cause significant environmentaleffects?
c) Requireor resultinthe constructionofnewstormwaterdrainagefacilities
orexpansionof existingfacilities, theconstruction of which couldcause
significant environmental effects?
d) Havesufficient watersuppliesavailableto serve theprojectfromexisting
entitlements andresources, or arenewor expandedentitlements needed?
e) Resultinadeterminationbythe wastewater treatment providerwhich
serves ormayservetheprojectthatithasadequatecapacitytoservethe
project’sprojecteddemand inaddition tothe provider’sexistingcommit-
ments?
f) Be servedbyalandfill withsufficient permitted capacity to accommodate
theproject’s solidwastedisposal needs?
g) Complywithfederal, state, andlocalstatutesand regulations relatedto
solidwaste?
a-g) Utilities. Theproposedbillboardwouldrequireelectricalservice. Providingsuchservicethrough
extension ofexistingelectricalserviceinthevicinitywould notresultinanysignificanteffects.
TheProjectwouldnotgenerateanywastewaterorrequireasupplyofpotablewater. Construction and
operationofthedigitalbillboardwouldnotrequireotherutilityservices, andwouldnotaffect
drainage.
Installationoftheproposedbillboardwouldrequirecoordinationwithvariousotherutilitycompanies
viatheUnderground ServiceAlert (USA) topreventconflictswithsubterraneanutilities. There
wouldbenoimpact onutility services.
Energy: In2010, ClearChannelbillboards’ averageannualusagefordouble-sideddigitalbillboardsof
thesamesizeascurrentlyproposed was86,400kilowatt-hours (kwh). Foracomparison, thisequates
totheannualelectricityusageofapproximately 14.25singlefamilyhomes (calculatedusing
BAAQMD’s GHGEmissionsModelrateof6,047kwhannualelectricityusage). Thelatest
generation ofLEDequipmentisanticipatedtobeapproximately15% moreenergyefficient, butthis
technologywasonlybeginning tobeinstalledinNovember of2011, soannualusagedatawasnot
availableforthenewergenerationforthisanalysis.
Thedigitalbillboardinstalledandoperated aspartoftheProjectwoulduseelectricalenergy, and
wouldbeconstructed pursuanttocurrentelectricalcodes, includingTitle24. Thesestandards would
ensurethatelectricalenergywouldbeusedefficiently. TheGHGemissionsassociatedwiththis
energydemandareaddresedinItem7, Greehouse GasEmissions. Theunderlyingquestion asto
whetherdigitalbillboardsareaneffective ordesirableuseofelectricalenergyisapolicyquestion that
maybeconsideredintheProjectreviewprocess, butanyenvironmentaleffectsarelessthan
significant.
101 Terminal Court ClearChannel Billboard Project Page 59
18. MANDATORYFINDINGS OFSIGNIFICANCE
a) Doestheprojecthavethepotential todegradethequalityoftheenviron-
ment, substantiallyreduce thehabitat ofa fishor wildlifespecies, causea
fishorwildlife populationto dropbelow self-sustaining levels, threatento
eliminateaplant oranimalcommunity, reducethenumberor restrictthe
range ofarareorendangered plantoranimaloreliminate important
examplesofthemajorperiods ofCaliforniahistory orprehistory?
b) Doestheprojecthaveimpacts thatareindividually limited, but
cumulativelyconsiderable? (“Cumulatively considerable” meansthatthe
incremental effects ofaproject areconsiderable whenviewed in
connection withthe effectsofpastprojects, theeffects ofother current
projects, andtheeffectsofprobable futureprojects.)
c) Doestheproject haveenvironmental effects whichwillcause substantial
adverseeffects onhuman beings, either directlyorindirectly?
a)Environmental Quality. Withtheimplementationofmitigationmeasures, theProjectwouldnot
degradethequalityoftheenvironment, substantiallyreducethehabitatofafishorwildlifespecies,
causeafishorwildlifepopulationtodropbelowself-sustaininglevels, orthreatentoeliminateaplant
oranimal community. TheProjectwouldnotimpactrareorendangered wildlifespecies, oreliminate
importantexamplesofthemajorperiodsofCaliforniahistoryorprehistory.
b)CumulativeImpactsandAdverseEffectsonHumanBeings. TheProjectincludesrevisionofthe
ZoningCodetoallowuptothreedigitalbillboardsalongU.S. 101inSouthSanFranciscoif
approvedinconjunctionwithRelocation Agreements. Theanalysisincludedinthisdocumenttakes
intoaccountthepotentialfortwodigitalbillboardsinadditiontotheonecurrentlyproposed. No
additionaldigitalbillboardsbeyond thesethreewouldbeallowedundertheproposedZoningCode
amendment.
Caltranslimitsbillboardstooneevery500 feetalongthelengthofthehighway, whichleavesthe
possibilitythatadditionalconventional (asopposedtodigital) billboardscouldbeaddedalongU.S.
101inSouthSanFranciscobeyondthethreedigitalbillboards. Thishasthepotentialtoresultin
additionalcumulativeaestheticsimpacts. Theanalysisinthisreportalreadyconsidersthattwo
additional billboardscouldbelocated ascloseas500feettoeitherdirectionoftheproposed
billboard, whichrepresents aworstcasescenariothatcoverseitherdigitalorconventionalbillboards.
Anyadditionalbillboards, whetherdigitalorconventional, wouldberequiredtoundergodesign
reviewandCityapprovalprocesses, whichgenerally requirerelocation ofoneormore other
billboardsforanetreductioninthetotalnumberofbillboards. Whilethespecificlocationoffuture
billboardproposalscannotbeknownatthispoint, itcanbeconcludedthatspecificsofimpactsto
viewswouldbeconsideredforeachproposedlocationandthatRelocationAgreements wouldkeep
thesameorreducethetotalnumberof billboardsinthearea. Therefore, cumulativeimpactsin
relationtoaestheticswouldbeconsidered lessthansignificant.
TheProjectotherwisedoesnothaveindividuallylimitedbutcumulativelyconsiderableadverse
impactsandwouldnotinvolvesubstantialadverseeffects onhumanbeings, eitherdirectly or
indirectly, includingeffectsforwhichproject-levelmitigationwereidentified toreduceimpactsto
lessthansignificant levels. Theseincludeimpactsrelatedtothediscoveryofunknowncultural
Page 60 101 TerminalCourt Clear Channel Billboard Project
resources, thepotentialpresenceofcontaminatedsoilontheconstruction site, andtraffichazards
relatedtodriverdistraction. Thesepotentialeffectswouldbelessthansignificantwith
implementation ofmitigation measuresidentifiedinthisdocument andwouldnotcontributein
considerablelevelstocumulativeimpacts.
101 Terminal Court ClearChannel Billboard Project Page 61
DOCUMENTPREPARERS
Lamphier – Gregory
PrimaryReportPreparers)
ScottGregory, President
RebeccaGorton, SeniorPlanner
1944Embarcadero
Oakland, Ca. 94606
510-535-6690
Vistarus
VisualModeling)
NiralPatel
H.T. Harvey & Associates
BiologicalImpactsAssessment)
GingerM. Bolen, Ph.D., SeniorWildlifeEcologist
CityofSouthSanFrancisco
Thisdocumentwaspreparedinconsultation withGerryBeaudin, PrincipalPlanner, CityofSouthSan
Francisco.
SOURCES
1.BayAreaAirQualityManagementDistrict, May2011, CaliforniaEnvironmentalQualityActAir
QualityGuidelines.
2.BayAreaAirQualityManagementDistrict, May2010, ScreeningTablesforAirToxicsEvaluation
DuringConstruction, Version1.0.
3.CaliforniaDepartmentofTransportation, OutdoorAdvertisingActandRegulations, 2011Edition.
4.CaliforniaDepartmentofTransportation, StateScenicHighwayMappingSystem,
http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm
5.CityofSouthSanFrancisco, preparedbyDyettandBhatia, SouthSanFranciscoGeneralPlan, 1999.
6.FederalHighwayAdministration- HighwayBeautification Act (HBA) codifiedasTitle23United
StatesCode131, September25, 2007, GuidanceonOff-PremiseChangeableMessageSigns.
7.IlluminatingEngineeringSocietyofNorthAmerica (IESNA), LightingHandbook9thEditionand
10thEdition.
8.OutdoorAdvertising Association ofAmerica, prepared byLightSciences Inc., November 29, 2006,
ComparisonofDigitalandConventional Billboards.
9.U.S. GeologicalSurvey, 2005, MineralResourcesDataSystem: U.S. GeologicalSurvey, Reston,
Virginia. Available through: http://tin.er.usgs.gov/mrds/
10.U.S. DepartmentofTransportation, FederalHighwayAdministration, 2009: TheEffectsof
CommercialElectronicVariableMessageSigns (CEVMS) onDriverAttentionandDistraction: An
Update. Publication No. FHWA-HRT-09-018.
Page 62 101 TerminalCourt Clear Channel Billboard Project
ATTACHMENTA
BiologicalImpactsAssessment
5September 2012
Ms. Rebecca Gorton
Lamphier-Gregory
1944Embarcadero
Oakland, CA94606
Subject: SouthSan Francisco Clear Channel Billboard ProjectBiological ImpactsAssessment
HTH #3410-01)
DearMs. Gorton:
Peryourrequest, H. T. Harvey & Associateshasperformedabiological impactsassessment for
the construction ofan LEDbillboard at101Terminal Court, South SanFrancisco, California
Figure 1). Theproject site isbounded byHighway 101 totheeast and extensivecommercial
development tothenorth, west, andsouth.
According toinformation youprovided, the new billboard would haveanoverall heightof 70
feet (ft) andawidthof48 ftwitha14ftby48ftLED displayscreenmountedabove apole with
a56 ftclearancefromgrade. The billboard would display multiple advertisements, cycling
betweenads every8seconds, andwould beequipped withambient lightsensors, which would
adjustthebrightnessofthedisplay correlating withambientlighting conditions. Weunderstand
thatthe billboardtechnology willbe thesameasthat utilizedforthe ClearChannel LED
billboard alongHighway 92thatweanalyzed in 2008andthatthesameassumptions canbe
made regarding illuminance.
METHODS
I conducted adaytime sitevisiton27 August 2012 toinspecthabitat conditionsimmediately
surrounding theproposedsignlocation (whichcould potentiallybe disturbed duringthe
installation ofthenewLEDsign) andin adjacent areas thatcouldbeindirectly affectedbythe
project. I returned tothe sitethateveningto observequalitatively the existingambientlighting
in thevicinityoftheproject sitetoprovide abasisfordeterminingthepotentialdirect and
Inaddition, H. T. Harvey & Associates
seniorplant/wetlandecologist Patrick Boursier, Ph.D., conducted asitevisiton 31August 2012
toassessthe siteforthe presenceofpotentiallysensitive habitats (e.g., wetlands). Followingthe
completion ofthesurveys, I determined thepotential fortheinstallationofthebillboard to
impactbiological resources, suchas special-status speciesandsensitive/regulatedhabitats, based
onthe conditions attheproposedbillboard location.
EXISTINGSITECONDITIONS
Theproject siteislocatedon theperimeter ofa . A
chain-linkfenceseparates theproject sitefroman approximately 45-ftwidestrip ofruderal (i.e.,
disturbance-associated) vegetation thatoccupies theareabetween theprojectsiteandHighway
983University Avenue, Building D LosGatos, CA 95032 Ph: 408.458.3200 F: 408.458.3210
SantaRosa
NAPA Detail
YOLONapaCaliforniaSONOMAFairfield
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Martinez Stockton
SanRafael CONTRA COSTA
SanFrancisco Oakland
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Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, EsriMilesJapan, METI, EsriChina (HongKong), Esri (Thailand), TomTom, 2012
Figure 1: Vicinity Map
SSFClearChannelBillboard (3410-01)
September2012
101 totheeast. Theprojectsiteis pavedand completely devoid ofvegetation; however,
dominant species present intheadjacentruderal habitat include cypress (Cupressus sp.), toyon
Heteromeles arbutifolia), andnon-native Frenchbroom (Cytisus monspessulanus). Theruderal
habitatimmediately eastoftheproject site (approximately26fteastoftheproposedbillboard
pole) also supports awetland with adense standofhorsetail (Equisetum sp.). Thiswetland
appearstobesupportedbyrunoff fromthe adjacent parkinglot, andmeets the physicalcriteria
w
Duetothehighlydisturbed natureoftheprojectsiteandtheimmediately surrounding vicinity, it
isextremely unlikely thatanyspecial-status specieswouldoccurin theprojectarea. Thevast
majorityof plant andanimal speciesoccurringhere areverycommon speciesassociated with
urban, developed, andruderalconditions throughoutthe SanFrancisco Bayarea. There was no
evidence thatsensitive species were present on theproject site and nohabitat capable of
supporting sensitive speciesispresentwithinorimmediately adjacenttothesite.
BIOLOGICALIMPACTSASSESSMENT
Potentialproject impactsonbioticresourceswereevaluatedfromthree differentperspectives:
Thedirecteffects oftheinstallation ofan LEDbillboardonbioticresources
Theindirect effectsofilluminance fromtheLEDbillboard (i.e., theamountoflightfrom
thebillboardthatlandsona certain area) onsensitive species inadjacentareas
i.e., theamountoflightleaving
surfaceasseen bytheeye) onthebehaviorof birdsflyinginthesitevicinity
Ineach case, thestandardsagainstwhich wemeasuredthesignificance of potentialimpactswere
theCalifornia Environmental QualityAct (CEQA) significancecriteria. Thesepotential impacts
areassessed indetailbelow.
DESIIRECTFFECTSOFIGNNSTALLATION
Allactivity associated withinstallation oftheLEDbillboard attheprojectsiteispresumed to
takeplace within thepavedparkinglot, withmost such activityconcentrated intheimmediate
vicinityofthebillboard.
Nowetlands, riparian habitats, orothersensitive habitats arepresentwithintheimmediate
project site. Thus, aslong asconstruction does notextendinto thehorsetail-linedwetlandtothe
east, nosensitive habitats would beimpactedby theconstruction ofthebillboard. Further, no
special-status plantorwildlife species areexpected tooccurwithin theprojectarea. Theonly
wildlife speciesthat maybe usinghabitats intheimmediate vicinityofthe projectsite during
construction are commonbirds suchasthehouse finch (Carpodacusmexicanus), American
robin (Turdus migratorius), andnorthern mockingbird (Mimuspolyglottos). Thesespecies are
locallyandregionallyabundant, andproject effectsonthese specieswillnotbe significant under
theCEQA.
Insummary, nobiologicalimpacts thatare significantunder CEQAwilloccuras aresult of the
installation ofa billboard atthislocation.
3
H. T. HARVEY & ASSOCIATES
IEIAANDIRECTFFECTSOFLLUMINANCEOFDJACENTREAS
Manyanimalsareextremely sensitivetolightcues, whichinfluencetheirphysiologyand shape
theirbehaviors, particularly duringthe breeding season (Ringer1972, deMolenaar etal. 2006).
Artificiallighthas beenusedasameansofmanipulatingbreeding behavior andproductivity in
captivebirdsfordecades (deMolenaar etal. 2006), andhas beenshowntoinfluence the
territorial singingbehavior ofwildbirds (Longcore and Rich 2004, Miller 2006, deMolenaar et
al. 2006). Whileitisdifficult to extrapolate resultsofexperiments oncaptive birdsto wild
populations, itis knownthatphotoperiod (the relative amountoflightanddarkin a24-hour
period) isanessential cuetriggeringphysiological processes asdiverse asgrowth, metabolism,
development, breeding behavior, andmolting (de Molenaar etal. 2006). Thisholds truefor
birds, mammals (Beier2006), and other taxaaswell, suggestingthatincreasesinambient light
mayinterfere with these processes across a wide rangeofspecies, resulting inimpactstowildlife
populations.
Artificiallightingmay indirectlyimpactmammals andbirdsbyincreasing thenocturnalactivity
ofpredators likeowls, hawks, andmammalian predators (Negro etal2000, LongcoreandRich
2004, DeCandido and Allen2006, Beier 2006). Thepresence ofartificiallight mayalso
influence habitat use byrodentssuch asthesaltmarshharvestmouse (Reithrodontomys
raviventris) andsaltmarsh wanderingshrew (Sorex vagranshalicoetes) (Beier 2006), andby
breedingbirds (Rogers et al. 2006, deMolenaar etal. 2006), bycausing avoidance ofwell-lit
areas, resulting inanetlossofhabitat availabilityandquality.
Theprojectsiteiscompletely surrounded byurban habitats thatdo notsupportsensitive species
thatmightbe significantly impactedbyilluminance fromtheproposed LEDbillboard.
Similarly, thesmallwetlandimmediately adjacenttotheproject siteisnot expectedtosupport
sensitivespecies. TheSanFrancisco Bay tothe east provides suitablehabitat foravariety of
wildlife, including thefederally andstate listedCaliforniaclapperrail (Rallus longirostris
obsoletus), and the federallylisted missionbluebutterfly (Ariciaicarioides missionensis) has
beenobservedatSign HillPark tothenorthofthe projectsite (CNDDB2012). However, these
habitatsarelocatedtoofarfromtheprojectsitetobeaffectedby illuminance fromthe proposed
LEDbillboard. Similarly, ColmaCreek to thenorth oftheproject siteandthe unnamed channel
tothesouth are located toofarfromthe projectsiteto beaffectedbyilluminancefrom the
proposed billboard.
According tomaterialprovided by ClearChannel Outdoor, theproposedLEDbillboardis
expected to providea maximumof2.23footcandles (fc) of illuminance (aboveandbeyond
ambient light conditions) at 100ft (L. Musica, pers. comm.) within itsviewingangle.
Illuminance woulddecrease with lateraldistancefromthe centeroftheviewing angle, sothat
areas100ft fromthebillboard oneither sideof thecenterof theviewingangle wouldexperience
even less illuminance. Theviewing angleofthe proposedLED billboardwould be 30
vertically and 60 horizontally oneachside (R. Hatton, pers. comm.). TheLED billboard
wouldbeangledin suchawayas tomaximize theamount of visibility fromaspecificportion of
Highway 101, so theareaofbrightestnight illuminance projected bythe proposedbillboard
would form a narrowconedirectedatoncomingtraffic. Furthertheilluminancewould dissipate
so thatilluminancebeyond100ftwould beminimalandthatbeyond500ftnegligible. Thus, the
proposedLEDbillboard isnotexpected tosubstantially increase theamountofilluminance
4
H. T. HARVEY & ASSOCIATES
currentlyexperienced bysensitive habitats (and thespeciesinhabiting them) within San
FranciscoBay, whichis locatedover 3600ft totheeast, orSignHillPark, which islocated over
5800fttothe north. Therefore, wedonotexpect illuminance fromtheLEDbillboard toresult in
significantimpacts onthese sensitivehabitatsortheirassociated wildlife species.
PELEDBLAFBOTENTIALFFECTSOFILLBOARDSUMINANCEONVIANLIGHTEHAVIOR
The primary way inwhich theluminanceof anLEDbillboardmightimpactthemovements of
birds intheproject area isthroughthe disorientationofnocturnally migratingbirds. Such birds
mayalter theirorientation uponsightingthe lightandbecome drawntowardthesign, potentially
strikingobjectssuch as buildings, adjacent powerlines, or eventhesignitself. Migrating birds
whenvisibilityis poor (Longcore andRich 2004, Gauthreaux andBelser 2006).
Hundredsofbirdspecies migrate nocturnally inordertoavoid diurnal predators andtominimize
energyexpenditures. Evidence thatmigratingbirds areattracted toartificiallightsourcesis
abundant intheliterature asearly asthelate 1800s (Gauthreauxand Belser2006). Although the
mechanism causingmigrating birdstobe attracted tobrightlights isunknown, theattraction is
welldocumented (Longcore andRich 2004, Gauthreaux andBelser2006). Migrating birdsare
frequently drawnfromtheir migratoryflight paths intothevicinityofanartificiallightsource,
light (Herbert1970,
Gauthreaux and Belser2006). Whenbirds aredrawnto artificiallights duringtheirmigration,
they become disoriented andpossiblyblinded by theintensityofthelight (Gauthreaux and
Belser2006). Thedisorienting andblindingeffects ofartificiallights directlyimpactmigratory
birdsbycausingcollisions with lightstructures, buildings, communication andpowerstructures,
oreventheground (GauthreauxandBelser 2006). Indirect impactsonmigrating birds might
includeorientation mistakes andincreased lengthofmigration duetolight-drivendetours.
Effects oftheProposed LEDBillboardsonFlight Behavior
Thevisibilityof theproposedLEDbillboardto birdsinflight, andthus theriskit poses toflying
birds, depends primarily onthebeamangleofthesignrelative tothe flightlinesofbirds andon
theluminance (brightness) ofthesignasperceivedby thebirds. Thedirectional natureof LED
lightingand the projectedviewingangle valuesof 30vertically and 60horizontally suggest
that the viewingangleofthesignwill benarrow enoughtopreclude attracting migrating birdson
clearnights, whenthey flyhigh enoughtobeoutsidethe viewingangleofthe sign. Shaders
locatedaboveeachrowoflightswillprevent lightfromprojecting upward intothesky. Asa
result, birdsflying more than30 abovethe center of the
seelight fromthesignatall. However, migrating birdsare forcedtofly lowduringfoggy and
rainyconditions, whichmaybringthem intotheviewing angleofthebillboard.
2Theproposedbillboardcouldproduceapeakvalueofapproximately641cd/ft of luminance
LSI2006). However, in practice, the LEDbillboards will be operated sothat their peak
2luminancewillbeapproximately46cd/ft in the center of thebeamangle (R. Hatton, pers.
2comm.). Forcomparison, afull moon at itsbrightest pointproducesapproximately 232cd/ft
LRC2006). Theproposed billboardwould beequippedwithalightsensorthatadjusts the
brillianceofthebillboard inresponse to availableambient light, dimming theluminance as
ambient lightlessens. Thepeakluminosityfor anLED billboard citedin the2006Light
5
H. T. HARVEY & ASSOCIATES
Sciences Inc. reporttotheOutdoor Advertising AssociationofAmerica (LSI2006) andindicated
aboveassumes thatthedisplayonthe billboard issolidwhite. Inpractice, thedisplays onthe
plannedLEDbillboardwill containavariety ofcolors, whichwill substantially reduce the
amountof luminance produced.
Additionally, theLEDdisplay onthe billboardcan bechanged every8seconds from astatic
image toastatic image, resultinginachanging lightsource. Colors andpatterns ofcoloronthe
billboard wouldthus bechanging, andbirdsflyingnearthesignwouldnotperceive itasafixed,
unchanging light, thetypeoflightthatappears tobemostattractivetobirds (JonesandFrancis
2003, Gauthreaux andBelser 2006).
It ispossible thatsome birdsthatfindthemselves near thecenter ofthebeam angle maybe
attractedtothesign. However, wedonotexpectthiseffect toresultin long-termconsequences,
suchas increased bird-strikemortalities orsubstantial interference withbird movements because
the signwill befocused onthehighway, noton airspace above thehighway. Thus, a relatively
limited areaatlowaltitude aboveHighway 101 will bewithin the centerof the signsbeam
angle.
Becausethe area surroundingthe signisheavily urbanizedand contains nohabitatsofvalue to
estuarine birds using theSanFranciscoBay habitatstotheeast, wedo notexpectlargenumbers
ofbirds (especiallyspeciesof conservationconcern) tobeflyingina north-southdirection, and
atlowaltitudes thatwouldbe within thebeam, closeenoughtothebillboardfordisorientationto
occuratall. Thus, wedonotexpectbirdsmoving throughoraroundthe project areato be
attracted tothesignforsuch alongduration thatbird-strike mortalityoccurs or substantial
interference withbirdmovements occurs.
Giventheconfiguration of birdhabitatsinthe vicinity ofthe site (whichdoes notlenditselfto
directed birdflightstoward thesigns), thechanging imagesthatwillbedisplayed ontheLED
billboard, the narrowviewingangle, andthe useofshaders toprevent lightfromprojecting
upwardinto thesky, weexpect s impactson avian flightbehaviorto be lessthan
significant.
SUMMARY
Basedontheinformation provided byClearChannelOutdoor concerningthe LEDbillboard, our
review ofliterature concerninglightingeffectsonwildlife, our reconnaissance-levelsurveys of
thesite, andourknowledge oflikelyavianflightlinesin thevicinityofthe project site, wedonot
expecttheconstructionofanewLEDbillboard toresultinsignificant impacts onwildlife. Ifthe
assumptions made inouranalysisconcerning theLED billboard characteristics (e.g.,
illuminance, luminance, orbeam angle) differ fromactual characteristics ofthebillboard,
additional analysis maybe necessarytodetermine whether impactsare significant.
Pleasefeelfree to contactmeatgbolen@harveyecology.com or (408) 458-3246ifyouhave any
questions regardingourreport. Thankyouvery muchfor contacting H.T. Harvey & Associates
regarding thisproject.
6
H. T. HARVEY & ASSOCIATES
Sincerely,
Ginger M. Bolen, Ph.D.
SeniorWildlifeEcologist
7
H. T. HARVEY & ASSOCIATES
LITERATURE CITED
Beier, P. 2006. Effectsofartificial nightlighting onmammals inRich, C. andT. Longcore, eds.
EcologicalConsequences ofArtificial NightLighting. Covelo, CA: IslandPress. Pp19-
42.
CNDDB] California Natural DiversityDatabase. 2012. Rarefind Version 3.1.1. California
Department ofFishandGame, Biogeographic DataBranch.
DeCandido R. andD. Allen. 2006. Nocturnalhunting byperegrinefalcons attheEmpire State
Building, NewYorkCity. WilsonJ. Ornithol. 118(1): 53-58.
deMolenaar, J.G., M.E. Sanders andD.A. Jonkers. 2006. Road lightingand grassland birds:
local influenceof roadlightingona black-tailedgodwit populationin Rich, C. andT.
Longcore, eds. Ecological Consequences ofArtificial Night Lighting. Covelo, CA:
Island Press. Pp114-136.
Gauthreaux, S.A. andC.G. Belser. 2006. Effects ofartificial nightlightingonmigratingbirds in
Rich, C. andT. Longcore, eds. EcologicalConsequences ofArtificialNight Lighting.
Covelo, CA: Island Press. Pp 67-93.
Herbert, A.D. 1970. Spatial disorientation inbirds. WilsonBull. 82(4): 400-419.
Jones, J. andC.M. Francis. 2003. Theeffects oflight characteristics onavian mortalityat
lighthouses. J. Avian Biol. 34(4): 328-333.
Longcore, T. andC. Rich. 2004. Ecological lightpollution. Front. Ecol. Environ. 2(4): 191-
198.
LRC] Lighting Research Center. 2006. Illumination fundamentals. Pasadena, CA: Optical
Research Associates. 48pp.
LSI] LightSciences Inc. 2006. Comparison ofDigital and Conventional Billboards. Report
preparedfor theOutdoor Advertising AssociationofAmerica. November 29, 2006.
Miller, M.W. 2006. Apparent effectsof lightpollution onsingingbehaviorofAmericanrobins.
Condor 108(1): 130-139.
Negro, J.J., J. Bustamante, C. Melguizo, J.L. Ruiz, andJ.M. Grande. 2000. Nocturnal activity
of lesserkestrels under artificial lightingconditions inSeville, Spain. J. Raptor Res.
34(4): 327-329.
Ringer, R.K. 1972. Effectoflightand behavior onnutrition. J. Anim. Sci. 35: 642-647.
8
H. T. HARVEY & ASSOCIATES
Rogers, D.I., T. Piersma, and C.J. Hassell. 2006. Roostavailability mayconstrainshorebird
distribution: Exploring theenergetic costsof roostinganddisturbancearoundatropical
bay. Biol. Conserv. 33(4): 225-235.
PERSONALCOMMUNICATIONS
Hatton, Robert. ClearChannelOutdoor, Inc. Personalcommunication withSteveRottenborn of
H. T. Harvey & Associates, on18 September 2008.
Musica, Lou. Clear ChannelOutdoor, Inc. Personal communication withSteveRottenborn of
H. T. Harvey & Associates, on09 September 2008.
9
H. T. HARVEY & ASSOCIATES
ATTACHMENTB
NorthwestInformationCenterRecordsSearchResults
August21, 2012 NWICFileNo.: 12-0165
RebeccaGorton
Lamphier-Gregory, Inc.
1944Embarcadero
Oakland, CA94606
Re: Recordsearchresultsfortheproposedprojectat101TerminalCourt, CityofSouth
SanFrancisco.
DearMs. Gorton:
Peryourrequestreceivedbyourofficeon15August2012, arecordssearchwas
conducted forthe abovereferenced projectby reviewing pertinentNorthwestInformation
Center (NWIC) basemapsthatreferenceculturalresourcesrecordsandreports, historic-
periodmaps, andliteratureforSanMateoCounty. Pleasenotethatuseoftheterm
culturalresources includesbotharchaeological resources andhistoricalbuildingsand/or
structures.
Review ofthisinformationindicatesthattherehasbeennorecordofanycultural
resourcestudiesthatcovertheproposed projectarea. Whiletherearenoarchaeological
resourceswithintheproposedprojectarea, severalNativeAmericanhabitation sites are
presentinthegeneralvicinity. TheOfficeofHistoricPreservation (OHP) HistoricProperty
Directory (HPD) includesnorecordedbuildingsorstructureswithintheproposedproject
area. Inaddition, theNWICbasemapsshow norecordedbuildingsorstructures.
AtthetimeofEuroamerican contact, theNativeAmericans thatlivedinthisportion
ofthepeninsulawerespeakersoftheCostanoanorOhlonelanguage, partoftheUtian
languagefamily (Levy 1978:485). ThesettlementpatternsofNativeAmericans livingon
theSanFranciscopeninsulaweresignificantly disrupted earlierthatinotherregionsof
thestate. However, asinotherareas, settlementpatterns wouldindicateamixtureof
residentialoccupationofvillagesandseasonalroundstoexploitresources attheirpeak.
Reconstruction oftribalnamesandlocationsundertaken byMilliken (1995), based
principally onmissionregisters, would placetheproposedprojectareaasbeinglocated
withinthenorthernportionofthearea controlled bytheUrebure (1995:258).
Basedonanevaluationoftheenvironmentalsettingandfeaturesassociated with
knownsites, NativeAmericanresourcesinthis partofSanMateoCountyhavebeen
foundincloseproximitytosourcesofwater (includingperennialandintermittentstreams
andsprings), nearthebaymarginanditsassociated wetlands, andnearecotonesand
otherproductiveenvironments. Theproposed projectarea islocatedwithinthelower
threachesoftheColmaCreekbasin. Basedon19 centurymaps, theprojectareawas
dominated byestuariesthathavesincebeencoveredinartificialfill. Whilethislandwas
thadjacenttoestuariesinthe19century, thisproductiveenvironmenthasundergone
significant changesassealevelshaveroseoverlast10,000years. Giventhecorrelation
oftheseenvironmental factors, coupledwiththeregionalarchaeologicalsensitivity, there
isamoderatepotentialofunrecordedNativeAmerican resources (especiallyburied
depositswithnosurfaceindications) withintheproposedprojectarea.
Review ofhistorical literatureandmapsgavenoindicationofthepossibilityof
historic-period archaeological resources withintheproposedprojectarea. Withthisin
mind, thereis alowpotentialofidentifying unrecordedhistoric-periodarchaeological
resourcesintheproposed projectarea.
The1947SanFrancisco SouthUSGS7.5-minutetopographic quadranglefailsto
depictanybuildings orstructures withintheproposedproject area; therefore, thereisa
lowpossibilityofidentifying anybuildingsorstructures 45yearsorolderwithintheproject
area.
RECOMMENDATIONS:
1) Thereisamoderatepossibility ofidentifyingNativeAmerican archaeological
resourcesandalowpossibilityofidentifyinghistoric-periodarchaeologicalresourcesin
theprojectarea. Giventhedepthofdisturbancefortheproposedproject (approximately
35feetbelowsurface) buriedterrestriallandsurfacesthathavethepotentialfor
containingarchaeological materialmaybepresentbelowtheartificialfillatthesurface.
Werecommendaqualifiedarchaeologistconductfurtherarchivalandfieldstudyto
identifyculturalresources. Fieldstudymayinclude, butisnotlimitedto, pedestrian
survey, handaugersampling, shoveltestunits, orgeoarchaeologicalanalysesaswellas
othercommonmethodsusedtoidentifythepresenceofarchaeological resources
especiallyburied depositswithnosurfaceindications). Pleaserefertothelistof
http://www.chrisinfo.org.
2) Iftheproposedprojectareacontainsbuildingsorstructuresthatmeetthe
minimumagerequirement, priortocommencementofprojectactivities, itis
recommended thatthisresourcebeassessedbyaprofessionalfamiliarwiththe
architecture andhistoryofSanMateo County. Pleaserefertothelistofconsultantswho
http://www.chrisinfo.org.
3) Reviewforpossible historic-periodbuildingsorstructureshasincludedonly
thosesourceslistedintheattachedbibliography andshouldnotbeconsidered
comprehensive.
duringconstruction, 4) Ifarchaeological resourcesareencountered workshould
betemporarilyhalted inthevicinityofthediscovered materialsandworkers shouldavoid
alteringthematerialsandtheircontextuntilaqualifiedprofessionalarchaeologist has
evaluatedthesituationandprovidedappropriate recommendations. Projectpersonnel
shouldnotcollectculturalresources. Native Americanresourcesincludechertor
obsidianflakes, projectile points, mortars, andpestles; anddarkfriablesoilcontaining
shellandbonedietarydebris, heat-affectedrock, orhumanburials. Historic-period
resourcesincludestoneoradobefoundationsorwalls; structuresandremainswith
squarenails; andrefusedepositsorbottledumps, oftenlocatedinoldwellsorprivies.
5) ItisrecommendedthatanyidentifiedculturalresourcesberecordedonDPR
523historicresource recordationforms, available onlinefromtheOfficeofHistoric
http://ohp.parks.ca.gov/default.asp?page_id=1069
Thank youforusingourservices. Pleasecontactthisofficeifyouhaveany
questions, (707) 588-8455.
Sincerely,
BryanMuch
AssistantCoordinator
LITERATURE REVIEWED
Inadditionto archaeological mapsandsiterecordsonfileattheNorthwest Information Center of
theHistoricalResources Information System, thefollowingliterature wasreviewed:
Barrows, HenryD., andLutherA. Ingersoll
2005 MemorialandBiographical History of theCoastCountiesof CentralCalifornia.
Three Rocks Research, Santa Cruz (Digital Reproductionof TheLewis Publishing
Company, Chicago: 1893.)
Bowman, J.N.
1951 AdobeHouses intheSanFrancisco BayRegion. InGeologic Guidebook oftheSan
Francisco BayCounties, Bulletin 154. CaliforniaDivisionofMines, FerryBuilding,
SanFrancisco, CA.
Brabb, EarlE., FredA. Taylor, andGeorge P. Miller
1982 Geologic, Scenic, andHistoricPoints ofInterestinSanMateo County, California.
Miscellaneous Investigations Series, MapI-1257-B, 1:62,500. Departmentofthe
Interior, UnitedStatesGeological Survey, Washington, D.C.
GeneralLandOffice
1858 SurveyPlatforRancho RanchoBuriburi
1864 SurveyPlatforRanchoCañada deGuadalupe, laVisitacióny Rodeo Viejo
Gudde, Erwin G.
1969 California PlaceNames: The Originand Etymology ofCurrentGeographical
Names. ThirdEdition. University ofCalifornia Press, Berkeley andLosAngeles.
Hamman, Rick
1980 California Central CoastRailways. Pruett Publishing Company, Boulder, CO.
Hart, James D.
1987 ACompaniontoCalifornia. Universityof California Press, Berkeley andLos
Angeles.
Heizer, Robert F., editor
1974 Local History Studies
DeAnza College, Cupertino, CA.
Helley, E.J., K.R. Lajoie, W.E. Spangle, andM.L. Blair
1979 Flatland DepositsoftheSanFrancisco BayRegion - TheirGeologyand
Engineering Properties, and TheirImportance toComprehensive Planning.
GeologicalSurveyProfessional Paper943. UnitedStates GeologicalSurveyand
Department ofHousingandUrbanDevelopment.
Hoover, Mildred Brooke, HeroEugeneRensch, andEthelRensch, revised by WilliamN. Abeloe
1966 Historic SpotsinCalifornia. ThirdEdition. Stanford University Press, Stanford, CA.
Hoover, Mildred Brooke, HeroEugeneRensch, andEthelRensch, William N. Abeloe, revised by
DouglasE. Kyle
1990 Historic SpotsinCalifornia. Fourth Edition. Stanford UniversityPress, Stanford,
CA.
Hope, Andrew
2005 Caltrans Statewide HistoricBridgeInventoryUpdate. Caltrans, Division of
Environmental Analysis, Sacramento, CA.
Hynding, Alan
1984 From Frontierto Suburb: TheStory ofSanMateoPenninsula. StarPublishing
Company, SanMateo, CA.
Kroeber, A.L.
1925 Handbook oftheIndians ofCalifornia. Bureau ofAmericanEthnology, Bulletin 78,
SmithsonianInstitution, Washington, D.C. (ReprintbyDoverPublications, Inc., New
York, 1976)
Levy, Richard
1978 Costanoan. InCalifornia, edited byRobertF. Heizer, pp. 485-495. Handbookof
NorthAmerican Indians, vol. 8, William C. Sturtevant, generaleditor. Smithsonian
Institution, Washington, D.C.
Milliken, Randall
1983 TheSpatial Organization ofHumanPopulationonCentral California'sSan
FranciscoPeninsula at theSpanish Arrival. S-
Northwest Information Center, RohnertPark.
1995 ATimeof LittleChoice: The Disintegration ofTribal Culture intheSanFrancisco
BayArea1769-1810. Ballena PressAnthropological PapersNo. 43, MenloPark,
CA.
Myers, WilliamA. (editor)
1977 HistoricCivilEngineering Landmarks ofSanFrancisco andNorthernCalifornia.
PreparedbyTheHistory and HeritageCommittee, SanFrancisco Section, American
Societyof CivilEngineers. Pacific Gas andElectricCompany, SanFrancisco, CA.
Nelson, N.C.
1909 Shellmoundsof theSanFrancisco BayRegion. University ofCalifornia
Publications inAmerican ArchaeologyandEthnology7(4):309-356. Berkeley.
ReprintbyKrausReprintCorporation, NewYork, 1964)
Nichols, DonaldR., andNancy A. Wright
1971 Preliminary Map ofHistoricMarginsofMarshland, SanFrancisco Bay, California.
U.S. Geological SurveyOpenFile Map. U.S. Department oftheInterior, Geological
Surveyincooperation withtheU.S. Department ofHousingandUrbanDevelopment,
Washington, D.C.
Roberts, George, and JanRoberts
1988 DiscoverHistoric California. GemGuides BookCo., PicoRivera, CA.
San MateoCountyHistoric Resources Advisory Board
1984 SanMateoCounty: ItsHistory andHeritage. SecondEdition. Division of Planning
andDevelopment Department ofEnvironmental Management.
San MateoCountyPlanningandDevelopment Department
SanMateo
CountyGeneral Plan.
State ofCaliforniaDepartment ofParksandRecreation
1976 California InventoryofHistoricResources. State ofCalifornia Department ofParks
andRecreation, Sacramento.
State ofCaliforniaDepartmentof ParksandRecreation andOffice of HistoricPreservation
1988 FiveViews: AnEthnic Sites SurveyforCalifornia. StateofCalifornia Department
ofParks andRecreation andOffice ofHistoricPreservation, Sacramento.
StateofCalifornia OfficeofHistoric Preservation
2012 Historic Properties Directory. Listing by City (throughApril2012). Stateof
CaliforniaOffice ofHistoric Preservation, Sacramento.
Williams, James C.
1997 EnergyandtheMakingofModern California. TheUniversity ofAkronPress, Akron,
OH.
Woodbridge, SallyB.
1988 California Architecture: HistoricAmerican BuildingsSurvey. ChronicleBooks, San
Francisco, CA.
WorksProgress Administration
1984 TheWPAGuide to California. Reprint byPantheonBooks, New York. (Originally
published asCalifornia: AGuidetotheGolden Statein1939byBooks, Inc.,
distributed byHastings HousePublishers, NewYork.)
Yamada, GayleK. andDianneFukami
2003 Building aCommunity: TheStoryofJapanese Americans inSanMateo County.
AACP, Inc., SanMateo, CA.
Historic Properties Directory includesNational
Register, StateRegistered Landmarks, CaliforniaPointsofHistoricalInterest, andtheCalifornia
RegisterofHistorical Resources aswellas Certified Local Governmentsurveys thathave
undergoneSection106review.
FIRST ADDENDUM TO THE
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
FOR THE
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT
AND RELATED ZONING AMENDMENT
RELATED TO THE
180 SOUTH AIRPORT BOULEVARD BILLBOARD PROPOSAL
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
ADDENDUM DATE MAY 2018
ORIGINAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION DATE JUNE 2013
i
TABLE OF CONTENTS
page
Introduction and Project Information ....................................................................................................... 1
Environmental Analysis ......................................................................................................................... 13
Conclusions ............................................................................................................................................ 20
FIGURES
Figure 1: Proposed Billboard Location ............................................................................................. 7
Figure 2: Proposed Billboard Site Plan ............................................................................................. 9
Figure 3: Proposed Billboard Design .............................................................................................. 11
Figure 5: Proposed Billboard from U.S. 101, facing north ............................................................. 15
Figure 6: Proposed Billboard from U.S. 101, facing south ............................................................. 15
ii
May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 1
INTRODUCTION AND PROJECT INFORMATION
This document serves as an addendum to the Initial Study and Mitigated Negative Declaration (IS/MND)
for the currently proposed billboard, prepared in accordance with the California Environmental Quality
Act (CEQA) (Public Resources Code Sections 1500 et seq.).
Per CEQA Guidelines (Section 15164), an addendum may be prepared if only minor technical changes or
additions are necessary or none of the conditions calling for the preparation of a subsequent EIR or
negative declaration have occurred.
This document is organized in three sections as follows:
Introduction and Project Information. This section introduces the document and discusses the project
description including location, setting, and specifics of the lead agency and contacts.
Environmental Analysis. This section analyzes the currently proposed billboard in comparison to the
analysis in the IS/MND and discusses the CEQA environmental topics and checklist questions with
the potential to be changed from that previously assessed.
Conclusions. This section summarizes the conclusions of the analysis and makes CEQA conclusions.
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 and adopted in August 2015.
As assessed in the IS/MND, the zoning amendment allowed up to two additional digital billboards along
the U.S. 101 corridor in South San Francisco in addition to the 101 Terminal Court billboard, as follows:
“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).”
While in the identified highway corridor, the current proposal is for a billboard on the eastern side of the
highway.
The purpose of this Addendum is to make minor changes to the project description to allow for the
proposed billboard on the eastern side of U.S. 101 and demonstrate that a subsequent environmental
document is not required per Section 15164 of the State CEQA Guidelines, as follows:
15164. Addendum to an EIR or Negative Declaration
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified
EIR if some changes or additions are necessary but none of the conditions described in Section
15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor technical
changes or additions are necessary or none of the conditions described in Section 15162 calling
for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to
the final EIR or adopted negative declaration.
(d) The decision making body shall consider the addendum with the final EIR or adopted
negative declaration prior to making a decision on the project.
Page 2 May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162
should be included in an addendum to an EIR, the lead agency's findings on the project, or
elsewhere in the record. The explanation must be supported by substantial evidence.
15162. Subsequent EIRs and Negative Declarations
(a) When an EIR has been certified or a Negative Declaration adopted for a project, no subsequent
EIR shall be prepared for that project unless the lead agency determines, on the basis of
substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the
previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR or Negative Declaration
due to the involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or
negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in
the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed
in the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure or
alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after
adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under
subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative
declaration, an addendum, or no further documentation.
(c) Once a project has been approved, the lead agency's role in project approval is completed, unless
further discretionary approval on that project is required. Information appearing after an approval
does not require reopening of that approval. If after the project is approved, any of the conditions
described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared
by the public agency which grants the next discretionary approval for the project, if any. In this
situation no other responsible agency shall grant an approval for the project until the subsequent EIR
has been certified or subsequent negative declaration adopted.
(d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public
review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration
shall state where the previous document is available and can be reviewed.
The conclusions related to Sections 15164 and 15162 are discussed in the addendum section of this
document.
May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 3
PROJECT INFORMATION
1. Project Title: 180 South Airport Boulevard Digital Billboard
Proposal (“currently proposed billboard”), which is
located within the highway corridor analyzed as part
of the:
101 Terminal Court Clear Channel Billboard Project
and Related Zoning Amendment
2. Lead Agency Contact: City of South San Francisco
Billy Gross, Senior Planner
Department of Economic and Community
Development
City of South San Francisco
315 Maple Avenue
South San Francisco, CA 94083
650.877.8535 or billy.gross@ssf.net
3. Project Location: 180 South Airport Boulevard (APN 015-122-050)
4. Project Applicant's Name and Address: Bryan Scott
Outfront Media, Inc.
1695 Eastshore Highway
Berkeley, CA 94710
510.559.1139
5. General Plan Designation: Community Commercial
6. Zoning: Freeway Commercial (FC)
7. Site and Vicinity:
The project location is shown in Figure 1. The currently proposed billboard is located in a recently
redeveloped retail site including a three-tenant restaurant building (Dunkin Donuts, ToGo’s, and
Popeye’s) and associated parking.
The currently proposed billboard would be located in the northwestern corner of the site adjacent to
U.S. 101 with the footing in a landscaped area and the sign also overhanging the trash enclosure and a
corner of the parking area.
An approximately 30-foot wide landscape strip is located between the retail site and the U.S. 101
highway to the west, consisting largely of shrubs and grasses. Farther west across the highway (at
least 400 feet to the nearest building) is located a commercial complex with some light industrial,
office, retail, and a hotel.
South Airport Boulevard borders the site to the north and east and Colma Creek borders the site to the
south. The site is surrounded by various commercial uses on the same side of the highway including
largely light industrial with some retail, office, and hotel uses.
The closest residential areas are located approximately 1,200 feet to the northwest. Other residential
uses can be found approximately 2,600 feet to the north, 3,900 feet to the west, and 5,900 feet to the
south. There are no residences in the vicinity to the east.
Page 4 May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND
8. Project Description:
Digital Billboard
The current digital billboard proposal involves construction and operation of one new double-sided
outdoor advertising digital LED billboard located in South San Francisco, California. The billboard is
proposed to reach a maximum height of 65 feet.
An “LED billboard” consists of a display surface that supports an image generated by rows of light
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 65 feet above grade. The two display faces will be oriented back-to-back
such that the displays face the two directions of highway traffic. The design of the billboard is shown
in Figures 2 and 3.
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).
Construction of the Billboard
The currently proposed billboard would be connected to existing power lines in the project area. The
foundation used for the proposed structure would be a drilled shaft with a poured concrete footing.
Construction would proceed as described in the IS/MND with a few days of activity spread out over 1
to 2 weeks including (1) drilling of the foundation hole, (2) erection of the column and pouring of
foundation concrete, and (3) removal of temporary support beams and assembly of sign faces.
Other Billboard Removal per the Relocation Agreement
In compliance with the Billboard Relocation Agreement, the currently proposed billboard would also
involve removal of two existing billboards with a total of three faces in the general vicinity including
a single-sided billboard at 1340 El Camino Real and a double-sided billboard at 21 San Mateo
Avenue.
Hand tools and small crane rigs would be used to remove the billboards. The top of the billboards
would first be disassembled and removed, and then the poles would be cut at the ground. Only the
above-grade portion of the billboard structures would be removed. Below surface foundations would
remain in place.
It would take approximately one to two working days to remove each of the existing billboard signs.
Removal of the two billboard structures would take approximately one week. Materials from the
removed billboard would be delivered to a recycling facility and/or appropriate landfill.
Comparison to Project Description in the IS/MND
The proposed billboard sign faces are the same size and the same LED technology including proposed
operation and light levels and construction activities as assumed in the IS/MND. The height of the
currently proposed billboard (65’) is within the range analyzed in the IS/MND (55’ to 70’).
The proposed billboard is in the same general area as assumed in the IS/MND (U.S. 101 corridor
between Sister Cities Boulevard and the City’s southern boundary) but on the eastern side of the
highway instead of the western side.
9. Required Approvals:
Approval of the current billboard proposal will require a General Plan and Zoning Ordinance
Amendment (because these currently prohibit digital billboards to the east of U.S. 101), Relocation
May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 5
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 the currently proposed billboard.
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;
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
Page 6 May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND
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 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 currently proposed billboard is within a segment of U.S. 101 that 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
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.
1 California Department of Transportation, Classified “Landscape Freeways”, available at
http://www.dot.ca.gov/design/lap/livability/classified-landscaped-fwys.html.
May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 7
Figure 1: Proposed Billboard Location
Source: Google Inc., Google Earth imagery date 11/2/2016, with project location noted by Lamphier-Gregory.
Proposed Billboard
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May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 9
Figure 2: Proposed Billboard Site Plan
Source: Chappell Surveying Services for the applicant, dated April 13, 2017
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May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 11
Figure 3: Proposed Billboard Design
Source: RMG Outdoor, Inc. for the applicant, dated March 29, 2017
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May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 13
ENVIRONMENTAL ANALYSIS
SUMMARY OF PROJECT CHANGES
The proposed billboard is of the same type and has the same size sign-face size as those previously
assessed in the IS/MND.
The difference from the IS/MND is in the location only. The following discussion is broken down by
CEQA topic and focuses on assessment of the changed location.
AESTHETICS
Scenic Vistas
Impact remains Less than Significant
As under the IS/MND, the site and surrounding area is predominately developed with
industrial/commercial uses and is not a scenic resource or vista. The site of the current billboard proposal
is located on a flat area near the highway with no substantial views of the Bay from or across the site.
Figures 4 and 5 are visual models showing the proposed billboard from views along U.S. 101.
Sign Hill, which contains the prominent concrete “South San Francisco The Industrial City” sign on the
hillside, was identified in the IS/MND as the only scenic vista with the potential to be impacted by
billboards along U.S. 101, because they would have the potential to interrupt view of Sign Hill from
motorists traveling along U.S. 101. As noted in the IS/MND, 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. Billboards along U.S. 101 would contribute to
temporary obstruction of these views as a driver progresses toward and past the billboard, however, the
IS/MND determined that the temporary and intermittent nature of the obstruction from the point of view
of a moving vehicle, would be considered a less than significant impact. Because the current billboard
proposal is on the eastern side of U.S. 101, and therefore not between highway motorists and Sign Hill,
there is no potential to block these views from U.S. 101, but the same conclusion would hold true for
roadways farther to the east.
Scenic Highways and Visual Character
Impact remains Less than Significant/No Impact
There would be no substantial change to the assessment or conclusions related to scenic highways or
visual character. The character of the currently proposed billboard site is commercial, just as were the
potential locations assessed in the IS/MND and U.S. 101 is not a state scenic highway in the vicinity.
Light and Glare
Impact remains Less than Significant with Mitigation
The IS/MND identified a potential impact related to the light levels of the proposed digital billboard and
the potential to create substantial light and glare. The currently proposed billboard has sign faces of the
same size as those previously analyzed, and the closest residential uses are over 1,000 feet away (the
increase in illuminance is barely perceptible at 250 feet and negligible at 500 feet), and would comply
with applicable regulation and guidelines. There would be no substantial change in the impact related to
light and glare under the currently proposed billboard.
The IS/MND included Mitigation Measure Visual-1, requiring demonstration of compliance with light
levels consistent with OAAA Guidelines. This mitigation measure would remain applicable to the
proposed billboard and would reduce the impact to less than significant.
Page 14 May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND
Overall Aesthetics
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Aesthetics analysis or conclusions and impacts would remain
unchanged (no impact/less than significant or reduced to that level through mitigation).
AGRICULTURE AND FORESTRY RESOURCES
Impacts remain No Impact
As under the IS/MND, the currently proposed billboard is located in a developed urban area adjacent to a
highway and no part of the site is zoned for or currently being used for agricultural or forestry purposes or
is subject to the Williamson Act. Therefore, the current billboard proposal would result in no substantial
changes to the IS/MND Agricultural and Forestry Resources analysis or conclusions and impacts would
remain unchanged (no impact)
AIR QUALITY
Impacts remain Less than Significant/Less than Significant with Mitigation
The currently proposed billboard has the same size sign faces and would have generally the same
construction activities and emissions (mostly from energy use) as the billboard analyzed under the
IS/MND. With changes only to the location, and not changes that would affect the emissions, the current
billboard proposal would result in no changes to the IS/MND Air Quality analysis or conclusions and all
impacts except the one below would remain less than significant.
The IS/MND identified a potentially-significant impact related to construction-period emissions and
fugitive dust and included Mitigation Measure Air-1, requiring standard construction management
practices to reduce the impact to less than significant. This impact and conclusion would remain
applicable to the currently proposed billboard.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Aesthetics analysis or conclusions and impacts would remain
unchanged (less than significant or reduced to that level through mitigation).
BIOLOGICAL RESOURCES
Impacts remain Less than Significant/No Impact
As under the IS/MND, the currently proposed billboard is located in a developed urban area, and the site
and surroundings do not support sensitive species that might be significantly affected by construction of
or illuminance from operation of the proposed LED billboard. That being said, avian flight behavior is
known to be potentially affected by artificial illuminance. However, per the IS/MND, the area is heavily
urbanized and large numbers of birds are not expected to be flying within the beam of light from the
billboard. Additionally, because of the limited upwards beam angle constrained by shaders above each
LED row, and the changing graphics, which are not the type of unchanging light most attractive to birds,
birds moving through or around the site would not likely be attracted to the billboard to the extent that
bird-strike mortality or substantial interference with bird movements occurs. The impact on special-status
species, sensitive habitats, and wildlife corridors would therefore remain less than significant.
No local policies, ordinances, or Habitat Conservation Plans are directly applicable to this site and the no
impact conclusion would remain unchanged.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Biological Resources analysis or conclusions and impacts would
remain unchanged (no impact/less than significant).
May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 15
Figure 4: Proposed Billboard from U.S. 101, facing north
Source: Applicant (proposed billboard in solid purple and black)
Figure 5: Proposed Billboard from U.S. 101, facing south
Source: Applicant (proposed billboard in solid purple and black)
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May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 17
CULTURAL RESOURCES
Impacts remain Less than Significant/Less than Significant with Mitigation
As under the IS/MND, the currently proposed billboard is located in a developed urban area adjacent to a
highway. The currently proposed billboard would have generally the same construction activities as the
billboard analyzed under the IS/MND. The current billboard proposal is located on a site that was recently
redeveloped, and would result in no changes to the IS/MND Cultural Resources analysis or conclusions.
The IS/MND identified discovery/disturbance of currently unknown cultural resources as a potentially-
significant impact related to cultural resources and included Mitigation Measure Cultural-1, requiring a
cultural monitoring and mitigation plan to be implemented during drilling that would reduce the impact to
less than significant. This mitigation measure would remain applicable to the currently proposed
billboard.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Cultural Resources analysis or conclusions and impacts would remain
unchanged (less than significant or reduced to that level through mitigation).
GEOLOGY AND SOILS
Impacts remain Less than Significant/No Impact
As under the IS/MND, the currently proposed billboard requires building permits and would be
constructed to the current building code standards, including consideration of geologic and seismic
conditions. There are no active earthquake faults known to pass through the vicinity, and given the
relatively flat topography of the site, the possibility of landslides is considered unlikely. The applicant
must obtain coverage under the General Construction Activity Storm Water Permit (General Construction
Permit) issued by the State Water Resources Control Board, which will address any erosion potential
from ground disturbance. There would be no substantial risks related to expansive or unstable soils. The
impact related to seismic and soil hazards would remain less than significant. The conclusion of no
impact related to the use of septic tanks would remain unchanged as no septic takes are proposed.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Geology and Soils analysis or conclusions and impacts would remain
unchanged (no impact/less than significant).
GREENHOUSE GAS EMISSIONS
Impacts remain Less than Significant/No Impact
The currently proposed billboard has the same size sign faces and would have generally the same
construction activities and emissions (mostly from energy use) as analyzed under the IS/MND. With
changes only to the location, there would be no changes that would affect the Greenhouse Gas Emissions
or associated no impact/less than significant impacts identified in the IS/MND.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Greenhouse Gas Emissions analysis or conclusions and impacts would
remain unchanged (no impact/less than significant).
HAZARDS AND HAZARDOUS MATERIALS
Impacts remain No Impact/Less than Significant/Less than Significant with Mitigation
As under the IS/MND, the currently proposed billboard is located in a developed urban area adjacent to a
highway. The currently proposed billboard would have generally the same construction and operational
activities as the billboard analyzed under the IS/MND. The current billboard proposal would not create
hazardous emissions/materials near a school, would not result in airport hazards, would not impact
Page 18 May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND
emergency response, and is not located in a wildland fire hazard area and impacts related to these topics
would remain unchanged (less than significant/no impact).
The IS/MND identified a potentially-significant impact related to unexplored potential for hazardous
materials and included Mitigation Measure Haz-1 (requiring a Phase I environmental site assessment
report, and a Phase II report if warranted by the Phase I report) and Mitigation Measure Haz-2
(requiring the operator to follow applicable regulations regarding proper disposal and/or recycling of
billboard components) to reduce the impact to less than significant. This mitigation measure would
remain applicable to the currently proposed billboard.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Hazards and Hazardous Materials analysis or conclusions and impacts
would remain unchanged (no impact/less than significant or reduced to that level through mitigation).
HYDROLOGY AND WATER QUALITY
Impacts remain Less than Significant/No Impact
The currently proposed billboard would have generally the same construction and operational activities as
the billboard analyzed under the IS/MND. As under the IS/MND, the currently proposed billboard would
not use water during operation or pose a substantial risk to water quality during construction, would not
substantially change site drainage, and is not located in an area subject to flooding or inundation.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Hydrology and Water Quality analysis or conclusions and impacts
would remain unchanged (less than significant/no impact).
LAND USE AND PLANNING
Impacts remain Less than Significant/No Impact
As under the IS/MND, the currently proposed billboard is located in a developed urban area adjacent to a
highway. Because the billboard would not involve any physical changes that would divide the established
community and because the site is not subject to a conservation plan, the conclusion of no impact related
to these items would remain unchanged.
Digital billboards on the east side of U.S. 101 are not currently allowed under the South San Francisco
General Plan and Zoning Code. Amendments of the General Plan and Zoning Code as proposed with the
currently proposed billboard would allow location of digital billboards on the east side of U.S. 101 if
otherwise allowed. Assuming approval of the General Plan and Zoning Code amendments, impacts
related to land use plan conflicts would remain less than significant.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Land Use and Planning analysis or conclusions and impacts would
remain unchanged (no impact/less than significant).
MINERAL RESOURCES
Impacts remain No Impact
As under the IS/MND, the currently proposed billboard is located in a developed urban area and the site
contains no known mineral resources and has not been delineated as a locally important mineral recovery
site on any land use plan. There would be no impact to mineral resources as a result of the currently
proposed billboard.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Mineral Resources analysis or conclusions and impacts would remain
unchanged (no impact).
May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND Page 19
NOISE
Impacts remain Less than Significant/No Impact
As under the IS/MND, the currently proposed billboard is located in a developed urban area adjacent to a
highway and would have generally the same construction and operational activities as the billboard
analyzed under the IS/MND. The proposed billboard would not be a source of operational noise or
vibration and construction activities will comply with noise regulations.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Noise analysis or conclusions and impacts would remain unchanged
from the IS/MND (no impact/less than significant).
POPULATION AND HOUSING
Impacts remain No Impact
As under the IS/MND, a billboard would not induce population growth or displace housing or people and
would have no impact related to population and housing.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Population and Housing analysis or conclusions and impacts would
remain unchanged (no impact).
PUBLIC SERVICES
Impacts remain No Impact
As under the IS/MND, a billboard would not increase the demand for public services and would have no
impact related to public services.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Public Services analysis or conclusions and impacts would remain
unchanged (no impact).
RECREATION
Impacts remain No Impact
As under the IS/MND, a billboard would not construct or increase the use of recreational facilities and
would have no impact related to recreation.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Recreation analysis or conclusions and impacts would remain
unchanged (no impact).
TRANSPORTATION
Impacts remain No Impact/Less than Significant with Mitigation
As under the IS/MND, operation of a billboard would not generate vehicle trips or otherwise change
traffic patterns or access. With changes only to the location, the current billboard proposal would result in
no changes to the IS/MND Transportation analysis or conclusions and, except as discussed below, would
have no impact related to transportation.
The IS/MND identified a potentially-significant impact related to increase of traffic hazards and included
Mitigation Measure Traf-1 (requiring submission of an annual report identifying incidents or facts that
relate to specific digital billboards and confirming compliance with traffic and safety regulations) and
Mitigation Measure Traf-2 (requiring compliance with operational safety measures) to reduce the
Page 20 May 2018 Addendum to the 101 Terminal Court Clear Channel Billboard Project IS/MND
impact to less than significant. This mitigation measure would remain applicable to the currently
proposed billboard.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Transportation analysis or conclusions and impacts would remain
unchanged (no impact/less than significant with mitigation).
UTILITIES AND SERVICE SYSTEMS
Impacts remain No Impact
The currently proposed billboard would have generally the same construction and operational activities,
including energy use, as the billboard analyzed under the IS/MND. With changes only to the location, and
no changes that would affect utilities, service systems, or energy, the current billboard proposal would
have no impact related to utilities and service systems.
Therefore, given the substantial evidence above, the current billboard proposal would result in no
substantial changes to the IS/MND Utilities and Service Systems analysis or conclusions (no impact).
CONCLUSIONS
Given the substantial evidence presented in this document, the currently proposed billboard would not
require subsequent analysis per CEQA Guidelines Section 15162, as confirmed by the following
statements:
(1) The current billboard proposal would not result in new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
(2) There are no changes in circumstances that would result in the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; or
(3) There is no new information resulting in a new significant effect not discussed in new significant
environmental effects, a substantial increase in the severity of previously identified significant effects,
or a change in the feasibility (or acceptance) of mitigation measures.
While the currently proposed billboard is in a different location than assumed under the adopted IS/MND,
the change in location would be considered a minor technical change per CEQA Guidelines Section
15164. Therefore, this addendum, in combination with the adopted IS/MND, is the appropriate CEQA
document for the currently proposed billboard. No additional CEQA analysis or documentation is
required to make a decision on the currently proposed billboard.
All mitigation measures identified in the IS/MND would remain applicable to the currently proposed
billboard.
DRAFT CONDITIONS OF APPROVAL
P17-0065: ZA17-0005, DA17-0003 and GPA17-0003
OUTFRONT MEDIA DIGITAL BILLBOARD – 180 S AIRPORT
(As recommended by Planning Commission on June 7, 2018)
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 Project shall substantially comply with the City
Council approved plans, prepared by RMG Outdoor Inc., dated March 29, 2017, as
amended by the conditions of approval.
3. 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.
4. 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
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.
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 static commercial advertising signs or billboards shall be
permitted in the East of 101 Area. New off-site digital commercial
billboards may be permitted on parcels immediately adjacent to Highway
101, only upon approval of a Relocation Agreement. Existing static and
digital billboards may be renovated, replaced or relocated, only if the City
finds that the change would improve the visual character of the billboard
and area.
Policy DE-33. The City should work to remove all existing off-site static commercial
advertising signs and billboards from the East of 101 area.
ONLYONLYLAND SURVEYING GEOGRAPHIC INFORMATION SYSTEMS
CHAPPELL SURVEYING SERVICES CSS680 ESTHER WAY OAKDALE, CA, 95361
PHONE: (209) 845 9694 FAX: (209) 845 9654
survey@garlic.com180 SOUTH AIRPORT BOULEVARD
FOR OUTFRONT MEDIA
SITE PLAN FOR DIGITAL BILLBOARD
OTAD\54217\1278186.7
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BILLBOARD RELOCATION AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND OUTFRONT MEDIA LLC.
This Billboard Relocation Agreement (“AGREEMENT”) is made and entered into as of this
__________________, 2018, by and between the City of South San Francisco, a municipal
corporation (“CITY”), and Outfront Media LLC, a Delaware limited liability company
(“OUTFRONT”) (collectively the “Parties”).
RECITALS
(A) WHEREAS, OUTFRONT has proposed to remove those certain billboards located
within the City of South San Francisco commonly described and shown by maps in
Exhibit “A,” entitled “Removed Billboards,” attached hereto and incorporated herein by
this reference (hereafter the “REMOVED BILLBOARDS”); and,
(B) WHEREAS, CITY is willing to allow OUTFRONT to construct, operate, repair and
maintain a new, off-premise digital message center display including two Digital
Displays (as defined below) arranged in a V-shape configuration, supporting structures,
service ladders, underground utilities, fixture connections, electrical supply and
connections, panels, signs, lights, electronics, copy and any additional equipment,
appurtenances, and accessories necessary for the operation of the digital message center
display (collectively, the “DIGITAL BILLBOARD”), where the Digital Billboard’s
digital message center displays have the following dimensions: a display face size of
forty-eight feet (48’) wide and fourteen feet (14’) high (the “DIGITAL DISPLAYS”)
with an elevation of sixty feet (60’) 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 180 South
Airport Boulevard (APN 015-122-070), which is further described and depicted in
Exhibit “C” (the “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 “ZONING CODE AMENDMENT”), and the
City’s East of 101 Area Plan, as amended pursuant to General Plan Amendment No.
______________ (the “AREA PLAN AMENDMENT”); and,
(C) WHEREAS, in consideration for the removal of the REMOVED BILLBOARDS 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 Section 5412 and Section
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 DIGITAL BILLBOARD , CITY will
grant OUTFRONT the right to construct, operate and maintain the DIGITAL
BILLBOARD as provided in this AGREEMENT; and,
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(D) WHEREAS, the DIGITAL BILLBOARD together with the removal of the REMOVED
BILLBOARDS, ZONING CODE AMENDMENT, AREA PLAN AMENDMENT,
DEVELOPMENT AGREEMENT, and this AGREEMENT are collectively referred to
herein as the DIGITAL BILLBOARD PROJECT; and,
(E) WHEREAS, CITY has made the following findings under its police and regulatory
powers regarding the DIGITAL BILLBOARD PROJECT: that the construction,
operation, repair, 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, as amended by the ZONING CODE AMENDMENT
and AREA PLAN AMENDMENT; and that the DIGITAL BILLBOARD will not
unreasonably interfere with traffic sight distances, nearby residences or traffic flow; and,
(F) WHEREAS, the DIGITAL BILLBOARD PROJECT is contingent upon approvals from
the California Department of Transportation (“CalTrans”); and,
(G) WHEREAS, OUTFRONT shall take down the REMOVED BILLBOARDS prior to
commencing live operations of the DIGITAL BILLBOARD PROJECT; and,
(H) WHEREAS, CITY has prepared an Addendum to the Initial Study and Mitigated
Negative Declaration (“ADDENDUM TO THE NEGATIVE DECLARATION”)
pursuant to the California Environmental Quality Act. On August 26, 2015, the City
adopted the 101 Terminal Court Initial Study and Mitigated Negative Declaration (File
No. ND12-0002), and on __________ [date] the City prepared, posted, considered, and
adopted the ADDENDUM TO THE NEGATIVE DECLARATION, which confirms
based on substantial evidence that the DIGITAL BILLBOARD PROJECT, as more fully
described in this AGREEMENT, would not have the potential for any significant
environmental impacts; and,
(I) WHEREAS, CITY on ____________ [date] approved OUTFRONT’s application for the
DIGITAL BILLBOARD PROJECT upon terms and conditions set forth in such
approval; and,
(J) WHEREAS, the City Council of South San Francisco has found that this
AGREEMENT, and the construction, operation and maintenance of the DIGITAL
BILLBOARD PROJECT as provided for herein, meet the requirements of the City’s
Municipal Code, as amended by the ZONING CODE AMENDMENT, are consistent
with the City’s General Plan, including the East of 101 Area Plan, as amended by the
AREA PLAN AMENDMENT and all other applicable regulations, codes and plans, and
will preserve and promote the public health, safety and welfare; and,
(K) WHEREAS, the City’s Planning Commission has conducted a duly noticed public
hearing on the DIGITAL BILLBOARD PROJECT; and,
(L) WHEREAS, on _____________ [date], after conducting duly noticed public hearings,
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the City Council approved the ADDENDUM TO THE NEGATIVE DECLARATION,
introduced and conducted a first reading of ordinances approving the ZONING CODE
AMENDMENT and DEVELOPMENT AGREEMENT (the “ORDINANCES”), adopted
and approved the AREA PLAN AMENDMENT, and otherwise approved the DIGITAL
BILLBOARD PROJECT; and,
(M) WHEREAS, on _____________ [date] the City Council conducted a second reading of
the ORDINANCES, and adopted the ORDINANCES and on ___________ [date] the
ZONING CODE AMENDMENT and DEVELOPMENT AGREEMENT became
effective; and,
(N) 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.
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. OUTFRONT AND CITY AUTHORITY AND STATUS.
A. OUTFRONT hereby represents and warrants for the benefit of CITY all of the following:
1. That the information provided by OUTFRONT in this AGREEMENT is true and
accurate to the best of OUTFRONT’s knowledge after a diligent inquiry; and,
2. That OUTFRONT 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 OUTFRONT’s signatory to this AGREEMENT is authorized by resolution,
bylaws, constitution or other authorization of OUTFRONT, which resolution, bylaw,
constitution or other authorization is currently in full force and effect, to execute this
AGREEMENT on OUTFRONT’s behalf and bind OUTFRONT thereby; and,
4. That OUTFRONT has legal or equitable interest in the PROPERTY sufficient to
construct, operate and maintain the DIGITAL BILLBOARD at that location; and,
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5. That OUTFRONT is duly authorized to perform or to cause to be performed all of the
obligations of OUTFRONT, or OUTFRONT’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 OUTFRONT 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 later of the effective date of the resolution
approving this AGREEMENT and the effective date of the two ORDINANCES (the
“EFFECTIVE DATE”). This AGREEMENT shall not take effect unless all three approvals are
effective.
SECTION 4. TERM OF AGREEMENT/EARLY TERMINATION.
A. 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.
B. This AGREEMENT may be terminated early by OUTFRONT in the following
circumstances:
i. OUTFRONT loses its legal or equitable in the respective Property;
ii. A legal challenge is filed that challenges this Agreement or any governmental
approvals, permits, leases, and licenses necessary for the Project (the
“APPROVALS”);
iii. In OUTFRONT’s reasonable discretion, OUTFRONT is unable to obtain the
requisite APPROVALS within 180 days of the EFFECTIVE DATE;
iv. If OUTFRONT is prevented by law or government order or action from
constructing, operating, or maintaining the DIGITAL BILLBOARD, or otherwise
implementing the Project, including but not limited to by the failure of
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government agencies to issue all APPROVALS or a governmental agency’s
decision to condemn the Property; or
v. A significant obstruction of a display occurs due to a circumstance beyond
OUTFRONT’s control.
C. This AGREEMENT may be terminated early by CITY in the following circumstances:
i. OUTFRONT fails to pay any sum due under this AGREEMENT or the
DEVELOPMENT AGREEMENT, subject to default procedures set forth in the
aforesaid agreements; or
ii. OUTFRONT fails to comply with any of its obligations pursuant to this
AGREEMENT or the DEVELOPMENT AGREEMENT, subject to default
procedures set forth in the aforesaid agreements.
Notwithstanding the above, nothing in this Agreement shall operate as a waiver of any rights
OUTFRONT might have to just compensation and other remedies provided by law.
Upon the expiration or earlier termination of this AGREEMENT,
i. All entitlements and obligations associated with the DIGITAL BILLBOARD
PROJECT shall immediately terminate,
ii. OUTFRONT shall forfeit any sums already paid to CITY during the year in
which termination or expiration has occurred and shall not be entitled to any
reimbursement,
iii. OUTFRONT shall, at its sole cost and expense, remove the above-ground
portions of the DIGITAL BILLBOARD within ninety (90) days, unless
OUTFRONT and CITY have entered into a subsequent written agreement, upon
terms mutually acceptable to both Parties, that allows the DIGITAL
BILLBOARD to remain.
iv. The associated DEVELOPMENT AGREEMENT will terminate within thirty (30)
days of such termination or expiration of this AGREEMENT, except for the
Parties’ obligations pertaining to indemnification, hold harmless, and insurance,
which shall survive any termination of either this AGREEMENT or the
DEVELOPMENT AGREEMENT.
Notwithstanding anything else in this AGREEMENT, this Section 4 shall survive any
termination or expiration of this AGREEMENT.
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SECTION 5. BILLBOARD REMOVAL.
The Parties hereto acknowledge and agree that OUTFRONT will permanently remove the
REMOVED BILLBOARDS within 180 days of OUTFRONT’s receipt of all required
APPROVALS and such APPROVALS becoming final, irrevocable, and unappealable.
Consistent with the above, the Parties agree that OUTFRONT may toll the demolition and
removal of the REMOVED BILLBOARDS in the event that there is a legal challenge to this
AGREEMENT or to any APPROVAL. The tolling period shall last until the date upon which
any legal challenge is resolved such that OUTFRONT may proceed with full implementation of
the DIGITAL BILLBOARD PROJECT, unless this AGREEMENT is terminated as set forth in
Section 4 of this AGREEMENT, in which case the obligation to demolish and remove the
REMOVED BILLBOARDS become null and void. Except as otherwise provided in this
AGREEMENT, upon removal of the REMOVED BILLBOARDS, 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 BILLBOARDS 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 OUTFRONT.
Notwithstanding anything to the contrary, OUTFRONT understands and agrees that under no
circumstances may OUTFRONT commence live operations of the DIGITAL BILLBOARD
PROJECT until the REMOVED BILLBOARDS have been removed as contemplated in Section
5 of this Agreement.
SECTION 6. BILLBOARD CONSTRUCTION.
The Parties hereto acknowledge and agree that OUTFRONT 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
OUTFRONT 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. OUTFRONT acknowledges and agrees that the design of the DIGITAL BILLBOARD
will be constructed substantially in conformance with the design depicted in attached Exhibit E.
SECTION 7. OUTFRONT’S RIGHTS AND OBLIGATIONS.
A. OUTFRONT obligations under this AGREEMENT are contingent upon (i) OUTFRONT
receiving all required APPROVALS, including but not limited to APPROVALS from
Caltrans and the CITY; and (ii) the foregoing APPROVALS being final, irrevocable, and
unappealable.
B. CITY agrees that it will reasonably assist OUTFRONT in connection with any
APPROVALS required from the CITY and Caltrans, and any other governmental
agencies, but OUTFRONT understands and agrees that the obligation and burden of
obtaining said APPROVALS is solely an obligation and burden of OUTFRONT.
C. Provided that OUTFRONT submits all necessary documentation satisfactory to CITY,
CITY will use reasonable efforts to timely issue all APPROVALS necessary for
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OUTFRONT’s timely compliance with this AGREEMENT including, but not limited to,
construction of the DIGITAL BILLBOARD and permanent removal of the REMOVED
BILLBOARDS.
D. OUTFRONT may replace a DIGITAL DISPLAY on the DIGITAL BILLBOARD with a
static billboard face from time to time in OUTFRONT’s sole and absolute discretion.
E. OUTFRONT shall pay, up to eighty thousand dollars ($80,000), for all reasonable CITY
costs for CITY staff and consultants incurred to process CITY APPROVALS.
OUTFRONT has made an initial payment of twenty-five thousand, seven hundred and
fifty dollars ($25,750), and shall pay future costs upon receipt of invoice, subject to the
foregoing cap, i.e. up to fifty-four thousand, two hundred and fifty dollars ($54,250).
Any delay caused by the CITY in its issuance of APPROVALS shall not result in a
default or failure of performance by OUTFRONT for the period of time delay caused by
CITY. OUTFRONT’s obligations to pay for customary permit fees pursuant to Section
7(a) of the Development Agreement and its obligations to pay legal fees and costs
pursuant to Sections 9, 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.
F. As long as OUTFRONT operates a DIGITAL DISPLAY on the DIGITAL
BILLBOARD, OUTFRONT 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 (1) advertising spot of no greater than eight (8) seconds in the
standard rotation of eight (8) spots on one Digital Display, where such CITY
MESSAGES shall be so displayed for two (2) weeks in duration (collectively, the “Two-
Week Advertising Spot”). The City shall be limited to one (1) Two-Week Advertising
Spot 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 OUTFRONT for the
following year prior to November 1 of the preceding year. CITY shall be
responsible for providing OUTFRONT with its CITY MESSAGES and for any
costs associated with providing OUTFRONT associated artwork in acceptable
format, and will be subject to OUTFRONT’s standard advertising copy rejection
and removal policies which allow OUTFRONT the right in its sole discretion to
approve or disapprove copy and remove copy once posted or displayed. If
OUTFRONT rejects or removes CITY MESSAGES, OUTFRONT will give
CITY a reasonable opportunity to revise CITY MESSAGES and resubmit them to
OUTFRONT in order to ensure CITY is granted its four (4) blocks of time per
calendar year.
(ii) The CITY shall not charge for, or exchange goods or services for, any sign space
granted on the DIGITAL DISPLAYS.
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(iii) The CITY must submit “camera ready art” utilizing formats and protocols
acceptable to OUTFRONT from time to time or pay production costs. All copy
shall be submitted to OUTFRONT at least ten (10) business days in advance.
(iv) If at any time in the future OUTFRONT removes the DIGITAL DISPLAY(s)
from the sign structure or OUTFRONT 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 OUTFRONT
shall be under no obligation whatsoever to provide the City with any type of free
advertising space. However, at any time OUTFRONT 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-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 OUTFRONT 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 OUTFRONT from using
such spots for promoting OUTFRONT’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, OUTFRONT 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 OUTFRONT
for any reason, including without limitation the use of such spots for promoting
OUTFRONT’S business, promoting charitable enterprises, or from actively
seeking advertisers for such spots.
(viii) Notwithstanding anything else in this AGREEMENT, the CITY shall and hereby
does agree to indemnify, defend and hold harmless OUTFRONT for, from and
against, any claims, costs (including, but not limited to, court costs and reasonable
attorneys’ fees), losses, actions or liabilities arising from or in connection with
any third party allegation concerning any CITY MESSAGE, including but not
limited to a claim 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 an obligation for
CITY to be responsible for compensating OUTFRONT for any lost profits or
consequential damages or any similar remedy that Outfront may assert against any
third party. Notwithstanding anything else in this AGREEMENT, this Section
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7(F)(viii) shall survive any termination or expiration of this AGREEMENT.
G. OUTFRONT shall pay customary permit fees, fees imposed pursuant to the
DEVELOPMENT AGREEMENT and any applicable gross receipts tax, in the event the
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, repair, 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.
H. 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 for the DIGITAL
BILLBOARD or of the ADDENDUM TO THE NEGATIVE DECLARATION, the
Parties shall promptly notify the other Party of such claim and each party shall cooperate
with the efforts of OUTFRONT to defend such action or proceeding. OUTFRONT
agrees to pay all reasonable costs and expenses, including reasonable legal costs and
reasonable attorney’s fees incurred in connection therewith, as set forth in more detail in
Section 11 of this AGREEMENT. CITY will not voluntarily assist the opposing party in
any such claim or take any position adverse to OUTFRONT 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, OUTFRONT 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
OUTFRONT.
SECTION 8. RELATIONSHIP OF PARTIES.
Under no circumstances shall this AGREEMENT be construed as one of agency, partnership,
joint venture or employment between OUTFRONT 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, OUTFRONT shall
maintain commercial general liability insurance with coverage at least as broad as
Insurance Services Office form CG 00 01, in an amount not less than Five Million
Dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability. If a general aggregate
limit applies, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence
limit. The general liability policy so maintained by OUTFRONT shall be primary and
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non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to
provide that City and its officers, officials, employees, and agents shall be additional
insureds under such policy.
B. Workers’ Compensation Insurance. During the term of this Agreement, OUTFRONT
shall maintain Workers’ Compensation insurance for all of OUTFRONT’s employees
working on the DIGITAL BILLBOARD PROJECT site. In addition, OUTFRONT shall
require each contractor and subcontractor engaged by OUTFRONT for work on the
DIGITAL BILLBOARD PROJECT site to provide Workers’ Compensation insurance
for its respective employees working at the DIGITAL BILLBOARD PROJECT site.
C. Evidence of Insurance. Prior to City Council approval of this AGREEMENT,
OUTFRONT shall furnish the CITY satisfactory evidence of the insurance required in
Sections 9(a) and 8(b) and evidence that the carrier will endeavor to give the CITY thirty
(30) days’ (ten (10) days for non-payment of premium) prior written notice in the event
coverage is substantially changed, canceled, or non-renewed. Further, an 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 OUTFRONT 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, OUTFRONT
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
OUTFRONT 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, OUTFRONT
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 OUTFRONT 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 OUTFRONT 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.
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A. OUTFRONT agrees to indemnify, defend, 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 OUTFRONT, or any actions or inactions of OUTFRONT ’s
contractors, subcontractors, agents or employees, in connection with the construction,
improvement, operation or maintenance of the DIGITAL BILLBOARD, provided that
OUTFRONT 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 dedicated to and accepted by the CITY or another public entity (except
as otherwise provided in an improvement agreement or maintenance bond, if applicable).
OUTFRONT shall defend such CLAIMS with joint counsel selected by OUTFRONT but
subject to the approval of the CITY, where such approval shall not be reasonably
withheld.
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.
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 OUTFRONT: Outfront Media LLC
Attention: Jeff McCuen
1695 Eastshore Hwy
Berkeley, CA 94710
With copies to: Rich Sauer
EVP, General Counsel
Outfront Media
405 Lexington Avenue
New York, NY 10174
and
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Miller Starr Regalia
Attention: Anthony Leones
1331 N. California Boulevard, Fifth Floor
Walnut Creek, CA 94596
Either of the Parties may change its address by sending notice of the new address to the 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.
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.
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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 thirty (30) calendar
days from the receipt of such notice to cure the default, or, if the default cannot be cured
within thirty (30) calendar 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.
If OUTFRONT is in default of this AGREEMENT and/or is in default of any payment
provision under the DEVELOPMENT AGREEMENT with respect to the DIGITAL
BILLBOARD 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, OUTFRONT 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 OUTFRONT agrees that it shall remove the above-ground portions of
the DIGITAL BILLBOARD within ninety (90) days from the date of termination, unless
OUTFRONT and CITY have entered into a subsequent written agreement, upon terms
mutually acceptable to both Parties, that allows the DIGITAL BILLBOARD to remain.
K. Except as otherwise expressly provided in this Agreement, if the performance of any act
required by this Agreement to be performed by either OUTFRONT or Caltrans is
prevented or delayed because of a Force Majeure Event, as defined below, then the time
for performance will be extended for a period equivalent to the period of delay, and
performance of the act during the period of delay will be excused. An extension of time
for any such Force Majeure Event will be for the period of the enforced delay and will
commence to run from the time of the commencement of the cause, if notice by the party
claiming such extension is sent to the other Party within thirty (30) days of the
commencement of the cause. Times of performance under this Agreement may also be
extended in writing by the mutual agreement of City and OUTFRONT. “Force Majeure
Event,” for purposes of this Agreement, means a cause of delay that is not the fault of the
Party who is required to perform under this Agreement and is beyond that Party’s
reasonable control, including the elements (including floods, earthquakes, windstorms,
and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism,
war or war-defense conditions, acts of any public enemy, epidemics, the actions or
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inactions of any governmental entity or that entity’s agents, litigation, labor shortages
(including shortages caused by strikes or walkouts), and materials shortages.
L. 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 OUTFRONT 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 BILLBOARDS at its existing
or comparable location and the right to any monetary reimbursement in connection with
the loss of the REMOVED BILLBOARDS to the extent reconstruction is not feasible.
This provision does not waive any of OUTFRONT’s remedies for causes of action that
do not arise out of a breach or violation of this AGREEMENT, including such causes of
action that arise statutorily or provide for a constitutional right to just compensation, such
as a taking.
M. In the event of litigation, the prevailing Party in any action filed to enforce this
Agreement will be entitled to recover costs, attorneys ’ fees, and all other expenses
incurred or arising out of any effort to enforce this AGREEMENT.
WITNESS THE EXECUTION HEREOF as of the date first hereinabove written.
CITY:
CITY OF SOUTH SAN FRANCISCO
By:______________________________
Mike Futrell, City Manager
ATTEST:
___________________________
Krista Martinelli, City Clerk
APPROVED AS TO FORM:
___________________________
Jason Rosenberg, City Attorney
OUTFRONT:
OUTFRONT OUTDOOR, LLC
By:_________________________________
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EXHIBIT A
REMOVED BILLBOARDS
REMOVED BILLBOARDS:
• Billboard (one face) located at 1340 El Camino Real (n/o Arroyo Drive) APN
(____________).
• Billboard (two faces) located at 21 San Mateo Avenue (n/o San Mateo Avenue &
Lowrie Avenue) APN (____________).
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EXHIBIT B
DIGITAL BILLBOARD PROPERTY MAP AND DESCRIPTION OF LOCATION
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EXHIBIT C
DIGITAL BILLBOARD SITE PLANS/SPECIFICATIONS
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EXHIBIT D
DEVELOPMENT AGREEMENT
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EXHIBIT E
DESIGN OF DIGITAL BILLBOARD
2964790.1
1
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:
OUTFRONT MEDIA LLC
1695 Eastshore Highway
Berkeley, CA 94710
Attention: Jeff McCuen
(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
OUTFRONT MEDIA LLC
FOR
OUTFRONT MEDIA DIGITAL
BILLBOARD
2
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT is dated as of ____________, 2018
(“Agreement”) and is entered into between: (i) OUTFRONT MEDIA LLC, a Delaware limited
liability company (“Outfront Media”) and (ii) the CITY OF SOUTH SAN FRANCISCO, a
municipal corporation organized and existing under the laws of the State of California (the
“City”). Outfront Media 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 a property located at 180 South Airport
Boulevard (APN 015-122-070) (“Property”) as identified and more fully described in
attached Exhibit A; and,
D. Section 5412 of the Outdoor Advertising Act (Bus. & Profs. Code, § 5200 et seq)
encourages local governments and owners of billboards to enter into relocation
agreements, pursuant to which local governments can continue development in a
planned manner without expenditure of public funds, while allowing the continued
maintenance of private investment and a medium of public communication; and,
E. WHEREAS, Outfront Media has a legal or equitable leasehold interest in the Property;
and,
F. WHEREAS, Outfront Media 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 Outfront Media to construct, operate, repair,
and maintain an off-premise digital message center display including digital displays,
supporting structures, service ladders, underground utilities, fixture connections,
electrical supply and connections, panels, signs, lights, electronics, copy and any
additional equipment, appurtenances, and accessories necessary for the operation of the
digital message center display (“Digital Billboard”), the specifications of which are
set forth in Exhibit B, at the Property (“Digital Billboard Project”); and,
G. WHEREAS, the development proposal to the City also includes a request for
amendments to the City’s East of 101 Area Plan (the “Area Plan Amendment”), that
would permit Outfront Media to construct, operate repair, and maintain the Digital
Billboard Project at the Property; and,
3
H. WHEREAS, Outfront Media will enter into a separate relocation agreement with the
City (“Relocation Agreement”) for the removal/relocation of existing billboards,
which is identified in Exhibit C (“Removed Billboards”); and,
I. WHEREAS, The City and Outfront Media agree and acknowledge that the
outdoor advertising sign relocation contemplated by the Digital Billboard 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,
WHEREAS, the Digital Billboard Project is contingent upon approvals from the
California Department of Transportation (“CalTrans”); and,
J. WHEREAS, Outfront Media shall take down the Removed Billboards prior to
commencing live operations of the Digital Billboard Project; and,
K. WHEREAS, in-lieu of Outfront Media removing sufficient existing billboards in order
to satisfy the 2:1 removal-to-placement ratio requirement, as set forth in the City’s
Zoning Code section 20.360.002.A.6.b, Outfront Media has voluntarily elected to enter
into this Agreement on the terms set forth herein in order to promote the public health,
safety, and welfare of the City in accordance with section 20.360.002.A.6.b as
amended by the Zoning Code Amendment; and,
L. WHEREAS, Outfront Media 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,
M. 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,
N. 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,
O. WHEREAS, the City Council and the Planning Commission have found, based on
substantial information in the administrative record, that: this Agreement is in the best
public interest of the City and its residents; adopting this Agreement constitutes a
present exercise of the City’s police power; that the Digital Billboard Project is, with
adoption of the Zoning Code and Area Plan Amendments, compatible with the uses
authorized in, and the regulations prescribed for, the land use district in which the real
property is located; and that the terms of the Agreement are in conformity with, and
will not be detrimental to, the public’s health, safety, convenience, and general welfare.
This Agreement and the Digital Billboard Project will achieve a number of City
objectives including the reduction of visual clutter, elimination of non-conforming
signage, and facilitation of the orderly development, relocation, and distribution of
existing displays to more appropriate locations within the City, while allowing for the
4
incorporation of modern technology into relocated displays that, in part, provide the
City with a means of advertising the City, its events, and public service
announcements; and,
P. WHEREAS, on ___________, 2018, the City Planning Commission recommended the
adoption of Ordinance No. _______ approving and adopting this Agreement after a
duly noticed public hearing; and,
Q. WHEREAS, on ___________, 2018, the City Council, after a duly noticed public
hearing, adopted Ordinance No. _______ approving and adopting this Agreement and
the Ordinance thereafter took effect on __________, 2018; and,
R. WHEREAS, the City finds and determines that all actions required of City precedent to
the approval of this Agreement by Ordinance No. ______ of the City Council have
been duly and regularly taken; and,
S. WHEREAS, in exchange for the benefits to the City described in the Agreement
together with other public benefits that will result from the development of the Digital
Billboard Project, Outfront Media will receive by this Agreement assurance that it may
proceed with the Digital Billboard Project in accordance with the Digital Billboard
Project Approvals, as defined below, and therefore desires to enter into this Agreement.
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 calendar 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 Zoning Code Amendment is effective; (d) the Area Plan
Amendment is effective; (e) Outfront Media has obtained all local and state
governmental permits and approvals and any other required permits and approvals for
the Digital Billboard Project, including but not limited to the Digital Billboard
Project Approvals as defined in Section 3(a) below, (collectively, “Permits”); and (f)
the Digital Billboard is fully operational with a permanent power supply. This
Agreement may be terminated by Outfront Media with respect to the Digital Billboard
5
Project if the following occurs: (1) Outfront Media loses its legal or equitable interest
in the respective Property, (2) in Outfront’s reasonable discretion, Outfront Media is
unable to obtain or maintain any required Permit for the respective Project, (3) a legal
challenge to the Project Approvals or the Digital Billboard Project, including without
limitation a Project Approval Challenge as defined in Section 20, (4) a significant
obstruction of a display occurs due to a circumstance beyond Outfront Media’s control,
or (5) Outfront Media is prevented by law or government order or action from
constructing, operating, or maintaining the Digital Billboard, or otherwise
implementing the Project, including but not limited to by the failure of government
agencies to issue all approvals or a governmental agency’s decision to condemn the
Property .
Upon expiration or early termination of this Agreement, Outfront Media shall, at its
sole cost and expense, remove the above-ground portions of the Digital Billboard
Project within ninety (90) days, unless Outfront Media and City have entered into a
subsequent written agreement, upon terms mutually acceptable to both Parties, that
allows the Digital Billboard Project to remain.
3. Project Description for Digital Billboard Project; Development Standards for Digital
Billboard Project
The Digital Billboard Project shall consist of the construction, operation, repair, and
maintenance of the Digital Billboard to the specifications of which are set forth in
Exhibit B, and shall be located at Property.
a. The permitted use, the design, 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 this Agreement, the Relocation Agreement, Zoning Amendment No.
ZA__-____, Area Plan Amendment No. GPA__-____ and Negative Declaration
No. ND__-____ all as set forth in Exhibit D to this Agreement, and the
applicable laws in effect as of the Effective Date (including, but not limited to,
the applicable provisions of the City’s General Plan, East of 101 Area Plan,
Municipal Code, and all other City resolutions, codes, rules, laws, regulations,
and policies governing topics that include without limitation the height, location,
size, bulk, area, design, improvement and construction standards of billboards
and public utilities in effect as of the Effective Date), except as modified in this
Agreement (hereafter and collectively the “Digital Billboard Project
Approvals”).
b. The use permitted by this Agreement is for a digital billboard as defined in
Section 20.360.015(J) of the South San Francisco Municipal Code, and the
Digital Billboard Project Approvals provide that the maximum height of the
Digital Billboard is 60 feet and that the maximum surface area for each display
panels is limited to 672 square feet.
c. Subject to Outfront Media’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 Outfront Media a vested right to develop
6
and construct on the Property all the improvements for the Digital Billboard
Project in accordance with the Digital Billboard Project Approvals and the terms
of this Agreement and the Relocation Agreement.
d. Except as authorized by this Agreement, upon such grant of right, no future
amendments to the City’s General Plan, East of 101 Area Plan, the Cit y Zoning
Code, the Municipal Code, or other City ordinances, policies, planning
documents, codes, rules, laws, resolutions, or regulations adopted or otherwise
in effect after the Effective Date shall apply to the Digital Billboard Project,
except any future modifications to ordinances, policies or regulations (if any)
that are not in conflict with and do not prevent or materially inhibit the
development or operation of the Digital Billboard Project; provided, however,
that nothing in this Agreement shall prevent or preclude the City from adopting
any land use regulations or amendments expressly permitted by this Agreement
or otherwise required by State or Federal Law.
e. In developing the Digital Billboard Project, Outfront Media shall implement the
mitigation measures set forth in the Mitigation Monitoring and Reporting
Program (the “MMRP”) attached hereto as part of Exhibit D and incorporated
herein by this reference, which MMRP was approved concurrently with the
approval of this Agreement for the Project.
4. Building Permits for Project
City staff review of applications for building permits shall be limited to determining
whether the following conditions are met:
a. Outfront Media has complied with (1) the conditions and design of the Digital
Billboard Project as specified in the City Council’s approval of the Digital
Billboard Project and the Digital Billboard Project Approvals , (2) all
applicable provisions of the Uniform Codes (i.e., building, fire, and electric
codes) incorporated into the City’s Municipal Code, (3) the applicable
requirements of the Municipal Code and MMRP, (4) any other applicable
Federal and State Laws, as modified and/or clarified pursuant to this Agreement
where applicable, and as each of the foregoing are applicable to the issuance of
building permits; and,
b. All applicable processing, administrative and legal fees have been paid subject
to the provisions of this Agreement; and,
c. Outfront Media has demonstrated through proper documentation that it has
proper and sufficient legal and/or equitable interests in the Property to effectuate
the Digital Billboard Project in accordance with the terms of this Agreement.
Notwithstanding anything in this Section 4, the City agrees that the issuance of a
building permit is not a discretionary decision triggering further CEQA review of the
Digital Billboard Project, and that the above provisions of this Agreement pertaining to
building permit issuance shall not be interpreted to require discretionary review or
further CEQA review, but that staff are limited to determining, ministerially, whether
the conditions and building standards in the foregoing subsections, entitlements, and
7
regulations have been satisfied. Upon obtaining a City building permit, Outfront shall
diligently pursue the obtainment of all Caltrans/state permits and approvals.
5. Vesting of Approvals
Except as provided in this Agreement and subject to Outfront Media’s fulfillment of its
obligations under this Agreement and the Relocation Agreement being effective , upon
the City’s approval of the Digital Billboard Project, Outfront Media and its successors
and assigns shall have a vested right in the Digital Billboard Project Approvals for the
term of this Agreement, provided that any such successors and assigns comply with the
terms and conditions of this Agreement.
6. 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 Project in
accordance with the terms of this Agreement. Outfront Media 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 Project in accordance
with the terms of this Agreement. The City shall proceed, and shall cause its planners,
engineers and other consultants to proceed, in a reasonably expeditious manner to
complete all City actions required for the approval and development of the Project,
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 Outfront Media 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 Outfront
Media that requires acceptance or approval by the City; and,
d. Providing any necessary documents within the City’s possession or preparing
documents or written consents that are, in the City’s sole discretion, reasonably
necessary for Outfront Media to secure approvals for the Digital Billboard
Project from other public agencies, such as Caltrans. Notwithstanding the
foregoing, this provision is not intended to restrict the City’s discretion in
considering or evaluating the Digital Billboard Project Approvals.
Outfront Media 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. Outfront Media shall make a deposit as determined by the City
and shall pay all of the City’s staff, legal and consultants reasonable costs incurred in
implementing this section. Notwithstanding the foregoing, the parties understand and
8
agree that the ultimate responsibility to obtain the required Approvals and state permits
and approvals are the sole obligations and burdens of Outfront Media.
7. Fees and Taxes
a. Outfront Media 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 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,, repair, 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 or customary, routine
maintenance in connection with the Digital Billboard.
b. For and in consideration of the mutual rights and responsibilities provided in this
Agreement, as long as Outfront Media operates such Digital Billboard faces,
Outfront Media agrees to pay the City the annual amount of forty thousand
dollars ($40,000) per Digital Billboard face per year (“Annual Payment”),
payable on the first business 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 Annual Payment, the Annual
Payment will increase by fifteen percent (15%) and will continue to increase by
fifteen percent (15%) every five (5) years until the earlier of the expiration of
this Agreement or the date upon which this Agreement or the Relocation
Agreement is terminated. If the City ever adopts a gross receipts tax, Outfront
Media’s annual payment of such gross receipts tax shall be deducted from this
Annual Payment obligation. In the event Outfront Media’s annual payment of
the City’s gross receipts tax is less than the Annual Payment, Outfront Media
shall pay the remainder to the City, resulting in an annual payment to the City of
not less than the Annual Payment for the Digital Billboard as illustrated below:
If the Annual Payment equals $80,000 and the gross receipts tax obligation
equals $20,000, Outfront Media will pay the City $20,000 for the gross
receipts tax obligation and $60,000 for the Annual Payment obligation for a
total payment of $80,000.
In the event Outfront Media ceases to operate a Digital Billboard face due to
(1) the loss of Outfront Media’s legal or equitable interest in the Property,
(2) the failure to obtain or maintain any required Permit for the Digital
Billboard, (3) a legal challenge to the Digital Billboard Project Approvals or
the Digital Billboard Project, including without limitation a Project Approval
Challenge as defined in Section 20 (4) a significant obstruction of Digital
Billboard face occurs which is beyond Outfront Media’s control; or (5)
Outfront Media is prevented by law or government order or action from
constructing, operating, or maintaining the Digital Billboard, or otherwise
implementing the Project, including but not limited to by the failure of
government agencies to issue all approvals or a governmental agenc y’s
decision to condemn the Property, the Payment for such face shall cease and
9
no further amounts shall be due or payable by Outfront Media to the City
with respect to such face after such date under this Section 7(b). In the event
Outfront Media elects in its sole discretion under the Relocation Agreement
to replace a Digital Face on the Digital Billboard with a static billboard
face beyond those four reasons enumerated above, Outfront Media’s
obligation to pay the full Annual Payment ($80,000 per year) shall continue.
c. For and in consideration of the mutual rights and responsibilities provided in this
Agreement and the Relocation Agreement, Outfront Media agrees to provide the
City with a one-time, non-refundable payment of one hundred and forty
thousand dollars ($140,000) within one hundred and eighty (180) days of the
Commencement Date.
d. In-lieu of Outfront Media removing sufficient existing billboards in order to
satisfy the 2:1 removal-to-placement ratio requirement, as set forth in the City’s
Zoning Code section 20.360.002.A.6.b, Outfront Media has elected to and shall
provide the City with a one-time payment of four hundred thousand dollars
($400,000) in order to promote the public health, safety, and welfare of the City
in accordance with section 20.360.002.A.6.b as amended by the Zoning Code
Amendment. Such payment will be made prior to commencing live operations
of the Digital Billboard Project.
e. Notwithstanding anything to the contrary, any sums already paid to CITY by
Outfront Media during the year in which early termination or expiration has
occurred shall be final and Outfront shall not be entitled to any reimbursement
for those sums.
8. Additional Conditions
a. Community Service Messages. Outfront Media will provide the City with free
display time on the Digital Billboard for City-sponsored event announcements
and non-commercial public service announcements to promote the civic interests
of the City (“Community Service Messaging”) as follows: consistent with and
as further described in the terms of the Relocation Agreement, the City shall be
guaranteed, for purposes of Community Service Messaging, one (1) advertising
spot lasting no more than eight (8) seconds in the standard rotation of eight (8)
spots on one (1) digital display face, where such Community Service Messaging
shall be so displayed for two (2) weeks in duration (collectively, the “Two-Week
Advertising Spot”). The City shall be limited to one (1) Two-Week Advertising
Spot for each calendar quarter.
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. Subject to the vested rights acquired by Outfront Media
in this Agreement, including but not limited to those vested rights articulated in
paragraphs 3.b and 5, the Digital 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.
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9. Indemnity
a. Outfront Media agrees to indemnify, defend 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 Outfront
Media, or any actions or inactions of Outfront Media’s contractors,
subcontractors, agents or employees, in connection with the construction,
improvement, operation or maintenance of the Digital Billboard Project,
provided that Outfront Media shall have no indemnification obligation with
respect to any such Claims (i) to the extent such Claims are solely attributable to
the sole or gross negligence or willful misconduct of any City Indemnitee, (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); or (iii) to the
extent arising out of the City’s use of Community Services Messages under
Section 8 of this Agreement.
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.
10. Assignment
a. Right to Assign. Outfront Media may at any time or from time to time transfer
its right, title or interest in or to all or any portion of the Property. In accordance
with Government Code Section 65868.5, with respect to either the Property or
the Digital Billboard, the burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to
Outfront Media as owners of all or any portion of Outfront Media’s interest in
the Property or Digital Billboard. As a condition precedent to any such transfer,
Outfront Media shall require the transferee to acknowledge in writing that
transferee has been informed, understands and agrees that the burdens and
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 Outfront
Media’s rights, interests and obligations under this Agreement with respect to
the Property or the Digital Billboard 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 Outfront
Media’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), Outfront Media may at
any time, upon notice to the City but without the necessity of any approval by
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the City, transfer its interest in the Property or Digital Billboard or any part
thereof and all or any part of Outfront Media’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 Outfront
Media, (ii) any member or partner of Outfront Media or any subsidiary, parent
or affiliate of any such member or partner, or (iii) any successor or successors to
Outfront Media 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 Outfront
Media’s interest in the Property of Digital Billboard 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 Outfront
Media’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), Outfront Media shall be released from all obligations under this
Agreement, with respect to the interests, including the Property and Digital
Billboard, 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 Outfront Media under this Agreement, Outfront Media 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. Outfront Media’s Right to Retain Specified Rights or Obligations.
Notwithstanding Section 10(a), Section 10(c) and Section 10(d), Outfront Media
may withhold from a sale, transfer or assignment of this Agreement certain
rights, interests and/or obligations which Outfront Media shall retain, provided
that Outfront Media 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. Outfront
Media’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 Outfront Media 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, Outfront Media 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 Outfront Media from its obligations to the City under this
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Agreement until such time as the City is provided notice in accordance with
Section 10(b).
11. Insurance
a. General Liability Insurance. During the term of this Agreement, Outfront Media
shall maintain commercial general liability insurance with coverage at least as
broad as Insurance Services Office form CG 00 01, in an amount not less than
Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual
liability. If a general aggregate limit applies, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit. The general liability policy so maintained
by Outfront Media shall be primary and non-contributory, and be endorsed using
Insurance Services Office form CG 20 10 to provide that City and its officers,
officials, employees, and agents shall be additional insureds under such policy.
b. Workers’ Compensation Insurance. During the term of this Agreement,
Outfront Media shall maintain Workers’ Compensation insurance for all of
Outfront Media’s employees working at the Digital Billboard Project site as long
as Outfront Media continues to operate the Digital Billboard. In addition,
Outfront Media shall require each contractor and subcontractor engaged by
Outfront Media for work at the Digital Billboard Project site to provide
Workers’ Compensation insurance for its respective employees working at the
Project site.
c. Evidence of Insurance. Prior to City Council approval of this Agreement,
Outfront Media 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 thirty (30) days’ (ten (10) days for non-payment of premium)
prior written notice in the event coverage is substantially changed, canceled, or
non-renewed. Further, an 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 Outfront Media 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,
Outfront Media 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 Outfront Media 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
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the limits required by this Agreement) or cancellation in coverage,
Outfront Media 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 Outfront Media 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 Outfront Media 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 Outfront Media’s
interest in the Property and Digital Billboard 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 acquiring Outfront Media’s interest in the
Property, 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, Outfront Media 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
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a. During the term of this Agreement, the City shall conduct “annual”
and/or “special” reviews of Outfront Media’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. The director of community development shall give Outfront thirty (30) calendar
days’ advance notice of annual review or special review, by placing such notice
to the developer into the U.S. Mail, first class, postage prepaid, and addressed to
Outfront.
c. At least five (5) calendar days prior to any hearing on any annual or special
review, the City shall mail Outfront Media a copy of all staff reports and, to the
extent practical, related exhibits. Outfront Media 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 Outfront Media 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 Outfront Media is in default under this
Agreement. Outfront Media. If the City finds and determines on the basis of
the evidence given that Outfront Media has complied in good faith with the
terms and conditions of the agreement during the period under review, the
review for that period shall be concluded. If Outfront Media is determined to
not be in good faith compliance with the terms of this Agreement and the Notice
of Action includes a determination that Outfront Media is in default, the City
shall specify the alleged nature of the default, set forth suggested or potential
actions that the City may take if such default is not cured; otherwise, the
provisions of Sections 18 and 19 shall govern the Parties’ rights.
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 Outfront Media if Outfront Media no longer is operating the Digital
Billboard, respectively due to the reasons enumerated in Section 7(b).
Upon expiration or early termination of this Agreement, Outfront Media shall, at its
sole cost and expense, remove the above-ground portions of the Digital Billboard
Project within ninety (90) days, unless Outfront Media and City have entered into a
subsequent written agreement, upon terms mutually acceptable to both Parties, that
allows the Digital Billboard Project to remain.
17. Agreement is Entire Agreement
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This Agreement, the Relocation Agreement, and all exhibits attached hereto or
incorporated herein contain the sole and entire agreement between the Parties
concerning Outfront Media’s entitlements to develop and improve the Property and
construct, operate, repair, and maintain the Digital Billboard. This document
supersedes all prior or contemporaneous agreements, representations, and negotiations
(written, oral, express, or implied) and this Agreement may be modified only in
accordance with Section 16 of this Agreement. 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 related to this Agreement or
compliance therewith is made or furnished by such Party to the other Party in
this Agreement that is false or proves to have been false in any material respect
when it was made; or,
b. In the case of Outfront Media, 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, Outfront Media has not complied in
good faith with the terms and conditions of this Agreement or the Relocation
Agreement is no longer in effect; or,
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 Digital Billboard Project shall limit the non-defaulting
Party to the option of terminating this Agreement.
b. The City shall not be deemed to have waived any claim of defect in Outfront
16
Media’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 Outfront Media 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 Billboards in
their existing or comparable locations and the right to any monetary
reimbursement in connection with the loss of the Removed Billboards 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 thirty (30)
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 thirty
(30) business day period but a cure is commenced within such thirty (30)
business day period, the defaulting Party shall have such additional time to
complete the cure as is reasonably necessary.
f. In the event that either Party elects to terminate this Agreement due to default of the
other Party, then Outfront Media agrees that it shall remove the above-ground portions
of the Digital Billboard Project within ninety (90) days from the date of termination,
unless Outfront Media and City have entered into a subsequent written
agreement, upon terms mutually acceptable to both Parties, that allows the
Digital Billboard Project to remain.
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
17
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
Digital Billboard Project Approvals or of the IS/MND (“Project Approval
Challenge”), the Parties shall promptly notify the other Party of such claim and
each party shall cooperate with the efforts of Outfront Media to defend such
action or proceeding. Outfront Media 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 Outfront Media
in connection with such claim. In the event of a Project Approval Challenge,
Outfront Media 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 Outfront Media.
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, Outfront Media, 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 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 Outfront Media and that Outfront Media 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 Outfront Media
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 Outfront Media joint
venturers or partners. Neither Outfront Media nor any of Outfront Media’s agents or
contractors are or shall be considered to be agents of the City in connection with
18
the performance of Outfront Media’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. The Parties hereto agree that this Agreement shall not
prevent or limit Outfront Media from encumbering the Property or any portion
thereof or any improvement thereon by any mortgage, deed of trust or other
security device to securing financing. The City acknowledges that the lenders
providing such financing may require certain Agreement modifications and City
agrees upon request, from time to time, to meet with Outfront and
representatives of such lenders to negotiate in good faith any such request for
modification. . This Agreement shall be superior and senior to all liens placed
upon the Properties by Outfront Media 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
Outfront Media’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 Outfront Media under this Agreement, provided
that all defaults by Outfront Media 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 Outfront Media hereunder
and specifying the address for service thereof, the City shall deliver to the
Mortgagee concurrently with service thereof to Outfront Media, all notices given
to Outfront Media describing all claims by the City that Outfront Media has
defaulted hereunder. If the City determines that Outfront Media is in
noncompliance with this Agreement, the City also shall serve notice of
noncompliance on the Mortgagee, concurrently with service thereof on Outfront
Media. Until such time as the lien of the Mortgage has been extinguished, the
City shall:
19
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 Outfront Media, 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 Outfront Media 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 Mortgagee shall be as effective to prevent a termination of this
Agreement as the same would have been if done and performed by Outfront
Media instead of by the Mortgagee. No action or inaction by a Mortgagee
pursuant to this Agreement shall relieve Outfront Media 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 Outfront Media provides the City with written evidence of
each Mortgagee’s consent, which consent shall not be unreasonabl y 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
Outfront Media to the Mortgagee. If such notice of the proposed amendment or
modification is given solely by Outfront Media, then Outfront Media shall also
provide the City with reasonable evidence of the delivery of such notice to the
20
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 Outfront Media 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 Outfront Media, 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 Outfront Media shall have the right to record the certificate for
the affected portion of the Property at Outfront Media’s cost.
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, windstorms, 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 Outfront Media’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. Eminent Domain
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If the Digital Billboard or the Property, or any part thereof, is condemned by proper
authorities; taken without the exercise of eminent domain, whether permanently or
temporarily; or any right-of-way from which the Digital Billboard is visible is
relocated, Outfront Media shall have the option to terminate this Agreement consistent
with the terms of Section 2. The Parties agree that the Digital Billboard is owned solely
by Outfront and that the underlying leasehold interest in the Property belongs solely to
Outfront, and the City shall assert no rights in such interests held by Outfront Media,
though the City shall not be prevented from asserting any rights against the condemning
authority. Notwithstanding the above, nothing in this Agreement shall operate as a
waiver of any rights Outfront might have to just compensation and other remedies
provided by law in the event of an eminent domain action.
30. 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.
31. Exhibits
Exhibit A Property Map and Description
Exhibit B Site Plans/Specifications for Digital Billboard
Exhibit C Removed Billboards
Exhibit D Mitigation Monitoring and Reporting Program for Digital Billboard
Exhibit E Project Approvals
32. Recordation of Agreement
Within ten days after the effective date of the development agreement, the City Clerk
shall have the agreement recorded with the county recorder.
33. Notices
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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 follows:
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 Outfront Media shall be addressed as follows:
OUTFRONT MEDIA LLC
Attention: Jeff McCuen
1695 Eastshore Highway
Berkeley, CA 94710
With a copy to:
Rich Sauer
EVP, General Counsel
Outfront Media
405 Lexington Avenue
New York, NY 10174
and
Miller Starr Regalia
Attention: Anthony Leones
1331 N. California Boulevard, Fifth Floor
Walnut Creek, CA 94596
23
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.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
24
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:
Jason Rosenberg, City Attorney
OUTFRONT MEDIA:
OUTFRONT MEDIA OUTDOOR, LLC
By:
Its:
__________________________________
25
EXHIBIT A
PROPERTY MAP AND DESCRIPTION
26
51 OTAD\54217\1258760.10
EXHIBIT B
SITE PLAN/SPECIFICATIONS FOR DIGITAL BILLBOARD
28 OTAD\54217\1258760.10
EXHIBIT C
REMOVED/RELOCATED BILLBOARDS
Removed Billboards:
• Billboard (one face) located at 1340 El Camino Real (n/o Arroyo Drive) APN
(____________).
• Billboard (two faces) located at 21 San Mateo Avenue (n/o San Mateo Avenue &
Lowrie Avenue) APN (____________).
29 OTAD\54217\1258760.10
EXHIBIT D
MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE DIGITAL BILLBOARD PROJECT
30 OTAD\54217\1258760.10
EXHIBIT E
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.]
2964787.1
Program Year 2017-2018
Consolidated Annual Performance and
Evaluation Report (CAPER)
September 12, 2018
City Council Meeting
Attachment 1
Consolidated Annual Performance
and Evaluation Report (CAPER)
Expended
HOME Funding $11,437
CDBG $925,181
10%
10%
10%
70%
Administrative $92,680
Housing Rehab Programs $92,047
Public Services $90,600
Public Improvements $649,854
Overview
•The City’s CDBG Program performed well in PY 2017-
18. Timeliness deadlines were met and substantial
funds were used to support those most in need in our
community.
•The Program was monitored by the Department of
Housing and Urban Development (HUD) this year and
found no findings or concerns.
•HUD determined that the Program thus far was
deemed a Best Practice.
1042
Individuals Served
Through CDBG and HOME
Programs
Public Services
Organizations Individuals Served
CDBG Funds
Community Overcoming Relationship Abuse (CORA) 4
Health Mobile Dental Care for Children 117
John Papan Memorial John's Closet 61
Legal Aid Society of San Mateo 309
Ombudsman Services of San Mateo 154
Rape Trauma Services 45
HIP Home Sharing Program 17
Samaritan House Safe Harbor 278
Star Vista Transitional Housing 14
Subtotal 999
Home Admin Funds
Project Sentinel Fair Housing Services 13
Total 1012
Housing Rehab and Minor Home Repair
Households Served
through Housing
Rehabilitation and Minor
Home Repair Programs
30
Minor Home Repair Before Landscape
Minor Home Repair After Landscape
Public Improvement Projects
Magnolia Senior Center and Siebecker Preschool
Parking Lot Resurfacing Project
Siebecker Preschool
Magnolia Senior Center
Public Improvement Projects
Alta Loma Park Playground
All-accessibility rubberized surfacing
Public Improvement Projects
West Orange Avenue and Grand Avenue
Pedestrian Crossing Improvements Project
Grand Ave.
Mid-Block between Maple Ave. and Walnut Ave.
Grand Ave. at Walnut Ave.
Conclusion
Staff recommends that the City Council:
•Hear public comments on the PY2017-2018
CAPER for the CDBG Program, and
•Adopt a resolution approving the PY2017-2018
CAPER and authorizing its submittal to HUD.
City of South San Francisco
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT | 400 Grand Ave. South San Francisco, CA,
PY 2017 CDBG
CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION
REPORT (CAPER)
Public Review Draft 8/28/2018
CAPER 1
OMB Control No: 2506‐0117 (exp. 06/30/2018)
CR‐05 ‐ Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed
throughout the program year.
The City made significant progress against the goals in the Program Year 2017 (PY 2017) Annual Action
Plan. Below is a brief overview of the programs and projects supported through the PY 2017 CDBG
program. PY 2017 is the last program year on the City’s 2013‐2017 Consolidated Plan, and the below
programs were evaluated for both their performance during PY 2017 as well as progress against the five
year goals established in the Consolidated Plan. The complete table of service goals and outcomes is
below as Table 1.
City Sponsored Housing Rehab Program
The City issued 1 Emergency Repair Voucher, and continues to revamp the housing rehabilitation loan
program and the Debris Box and Emergency Home Repair Voucher program to promote more
participation.
Minor Home Repair Programs
Center for Independence of Individuals with Disabilities (CID). The City used CDBG funds to support CID’s
Housing Accessibility Modification (HAM) Program which provided accessibility modifications to six
households;
Rebuilding Together Peninsula (RTP). The City used CDBG funds to support two RTP programs, National
Rebuilding Day, which provided repairs for three households, and Safe at Home which served sixteen
households in total;
El Concilio. The City used CDBG funds to support El Concilio’s Peninsula Minor Home Repair Program
with a total of four households.
Public Services
Public service providers provided services to 690 youth, seniors, persons with disabilities, and low‐
income persons and families.
Housing and homeless services providers provided services to 309 persons either experiencing
homelessness or at risk of homelessness.
Public Infrastructure Improvements
The City resurfaced the Alta Loma Park play area, which provided fully accessible and flood resistant play
space for children in low‐ and moderate‐income neighborhoods.
Public Review Draft 8/28/2018
CAPER 2
OMB Control No: 2506‐0117 (exp. 06/30/2018)
The City improved the HVAC system at the Magnolia Senior Center to improve health and safety for
seniors, and to improve energy efficiency and facility sustainability.
The City installed beacons at W. Orange Avenue and Grand Avenue to improve bicycle and pedestrian
safety in the downtown area.
The City resurfaced and restriped the Magnolia Senior Center and Siebecker Preschool parking lots,
which improved ADA accessibility for both the seniors that use the facility and families with young
children that use the preschool facility, and addressed long‐standing drainage issues.
Comparison of the proposed versus actual outcomes for each outcome measure submitted
with the consolidated plan and explain, if applicable, why progress was not made toward
meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators,
units of measure, targets, actual outcomes/outputs, and percentage completed for each of the
grantee’s program year goals.
The table below provides detailed review of the programs and projects funded through the CDBG
program and includes progress against the 2013‐2018 Consolidated and Strategic Plans.
Table 1 ‐ Accomplishments – Program Year & Strategic Plan to Date
Public Review Draft 8/28/2018 CAPER 3OMB Control No: 2506‐0117 (exp. 06/30/2018) Project Activity Agency or Operator Goal Category CDBG Funding Indicator Unit of Measure Exp. 5 yr Strat Plan Act. 5 yr Strat Plan % Comp Exp. Prog. Yr. Actual Prog. Yr. % Comp Planning and Admin. City Staff Efficient Admin. and Oversight Efficient Admin. and Oversight $92,123 Annual Administration NA NA NA NA NA NA 100% Project Sentinel Fair Housing Services Suitable living environment Non‐Homeless Special Needs HOME $11,437 Public Services other than Low/Mod Housing Benefit Persons Assisted 50 60 120% 16 13 81% Housing Rehab Programs TOTAL Multiple Providers Housing opportunities Affordable Housing $183,250 Homeowner Housing Rehabilitated Housing Unit 125 146 117% 49 30 61% CID Housing opportunities Affordable Housing $10,000 Homeowner Housing Rehabilitated Housing Unit NA NA NA 6 6 100% El Concilio Housing opportunities Affordable Housing $37,500 Homeowner Housing Rehabilitated Housing Unit NA NA NA 10 4 40% Rebuilding Together Rebuild Day Housing opportunities Affordable Housing $15,750 Homeowner Housing Rehabilitated Housing Unit NA NA NA 3 3 100% Rebuilding Together Safe at Home Housing opportunities Affordable Housing $70,000 Homeowner Housing Rehabilitated Housing Unit NA NA NA 20 16 80% City Sponsored Rehab Programs Housing opportunities Affordable Housing $50,000 Homeowner Housing Rehabilitated Housing Unit NA NA NA 10 1 10%
Public Review Draft 8/28/2018 CAPER 4OMB Control No: 2506‐0117 (exp. 06/30/2018) Public Services TOTAL Multiple Providers Suitable living environment Non‐Homeless Special Needs $56,400 Public Services other than Low/Mod Housing Benefit Persons Assisted 5000 4336 87% 878 999 132% Community Overcoming Relationship Abuse (CORA) Suitable living environment Non‐Homeless Special Needs $10,800 Public Services other than Low/Mod Housing Benefit Persons Assisted NA NA NA 3 4 133% Health Mobile Dental Care for Children Suitable living environment Non‐Homeless Special Needs $9,000 Public Services other than Low/Mod Housing Benefit Persons Assisted NA NA NA 115 117 102% John Papan Memorial John's Closet Suitable living environment Non‐Homeless Special Needs $5,400 Public Services other than Low/Mod Housing Benefit Persons Assisted NA NA NA 80 61 76% Legal Aid Society of San Mateo Suitable living environment Non‐Homeless Special Needs $10,800 Public Services other than Low/Mod Housing Benefit Persons Assisted NA NA NA 190 309 163% Ombudsman Services of San Mateo Suitable living environment Non‐Homeless Special Needs $10,000 Public Services other than Low/Mod Housing Benefit Persons Assisted NA NA NA 90 154 171% Rape Trauma Services Suitable living environment Non‐Homeless Special Needs $10,800 Public Services other than Low/Mod Housing Benefit Persons Assisted NA NA NA 44 45 102%
Public Review Draft 8/28/2018 CAPER 5OMB Control No: 2506‐0117 (exp. 06/30/2018) Public Services Homeless Support TOTAL Multiple Providers Housing opportunities Homeless $33,800 Public Services for Low/Mod Housing Benefit Persons Assisted Inc. Public Services Inc. Public Services Inc. Public Services Inc. Public Services Inc. Public Services Inc. Public Services HIP Home Sharing Program Housing opportunities Homeless, Affordable Housing $10,800 Public Services other than Low/Mod Housing Benefit Seniors Assisted NA NA NA 11 17 155% Samaritan House Safe Harbor Housing opportunities Homeless $15,500 Public Services for Low/Mod Housing Benefit Persons Assisted NA NA NA 325 278 86% Star Vista Transitional Housing Housing opportunities Homeless $7,500 Public Services for Low/Mod Housing Benefit Persons Assisted NA NA NA 20 14 70%
Public Review Draft 8/28/2018 CAPER 6OMB Control No: 2506‐0117 (exp. 06/30/2018) Public Facilities and Infrastrct. City Staff, Contractors Public Infrastructure Non‐Housing Community Development $637,381 Public Facility Number of Projects 5 11 220% 3 4 133% HVAC Improvements at Magnolia Senior Center Public Infrastructure Non‐Housing Community Development $33,592 Public Facility Persons with Improved Access NA NA NA 7985 7985 100% West Orange and Grand Avenue Pedestrian Crossing Improvements Public Infrastructure Non‐Housing Community Development $341,100 Public Facility Persons with Improved Access NA NA NA 9640 9640 100% Alta Loma Park Resurfacing Public Infrastructure Non‐Housing Community Development $72,297 Public Facility Persons with Improved Access NA NA NA 6585 6585 100% Magnolia Senior Center and SIebecker Preschool Parking Lot Resurfacing Public Infrastructure Non‐Housing Community Development $190,692 Public Facility Persons with Improved Access NA NA NA 11785 11785 100% Economic Dev. * City Staff, Contractors Economic Development Economic Development $0 Façade Treatment / Business Building Rehabilitation Number of Projects 5 8 160% 0 0 0% *Program was not in operation in PY 2017
Public Review Draft 8/28/2018
CAPER 7
OMB Control No: 2506‐0117 (exp. 06/30/2018)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and
specific objectives identified in the plan, giving special attention to the highest priority
activities identified.
Need. Affordable Housing.
Goal. Increase, maintain, and improve the supply of affordable housing for low to moderate income
individuals and families.
Activities Implemented. The City supported the rehabilitation and repair of 30 homes occupied by low‐
and moderate‐income households, and helped preserve the available supply of housing.
Need. Public Service.
Goal. Provide public services to improve the quality of life for low‐income individuals and families,
including those at risk of being homeless and special needs populations.
Activities Implemented. The City supported public services providers to provide services for 690 low‐
and moderate‐income persons, including youth, seniors, persons with a disability, and persons
experiencing domestic violence (not including homeless services).
Need. Homeless services and housing.
Goal. Provide service‐enriched shelter and housing for homeless families and individuals.
Activities Implemented. Funding for homeless services and housing was implemented under the
public service category to support services for 309 persons.
Need. Public Improvements.
Goal. Preserve and improve public facilities that serve a high percentage of low‐income
or special needs residents
Activities Implemented. During PY 2017 the City completed 4 public improvements projects: 1)
resurfacing of Alta Loma Park play area, which provided fully accessible and flood resistant play space
for children in adjacent low‐ and moderate‐income neighborhoods, 2) HVAC improvements at the
Magnolia Senior Center to improve health and safety for seniors and improve site sustainability and
energy efficiency, 3) installation of beacons at W. Orange Avenue and Grand Avenue to improve
bicycle and pedestrian safety in the downtown area, and 4) resurfacing of the Magnolia Senior Center
and Siebecker Preschool parking lots, which improved ADA accessibility, parking lot safety, and site
drainage.
Need. Economic Development.
Goal. Sustain and/or increase the level of business and economic activity in areas that serve or have a
high percentage of low‐income residents.
Activities Implemented. During the development of the 2013‐2018 Consolidated Plan, the City
identified a strategic goal of 5 façade rehabilitations in the downtown area for the planning period.
During the first three years of the Consolidated Plan, the City completed 8 façade improvements, at
160% of goal. The City did not operate the Façade Improvement Program during PY 2017, and instead
Public Review Draft 8/28/2018
CAPER 8
OMB Control No: 2506‐0117 (exp. 06/30/2018)
focused on other public infrastructure improvements, such as pedestrian beacons, that would also
help to support economic development.
CR‐10 ‐ Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Race or Ethnicity CDBG
White 609
Black or African American 140
Asian 105
American Indian or American Native 23
Native Hawaiian or Other Pacific Islander 46
American Indian or American Native and White 10
Asian and White 3
Black or African American and White 29
American Indian or American Native and Black 0
Other 77
Total 1042
Hispanic 349
Not Hispanic 693
Narrative
Table 2 above shows the race and ethnic distribution of services across households and persons. The
above numbers do not include the public infrastructure and facilities programs, which are tabulated by
census block group. According to the 2015 American Community Survey provided through the U.S.
Census Bureau, the race and ethnic distribution across the City of South San Francisco as below:
Race or Ethnicity Percent of Total
Population
White 36.7%
Black or African American 2.4%
Asian 38.1%
American Indian or American Native .2%
Native Hawaiian or Other Pacific Islander 2.5%
American Indian or American Native and White .9%
Asian and White 1.5%
Public Review Draft 8/28/2018
CAPER 9
OMB Control No: 2506‐0117 (exp. 06/30/2018)
Black or African American and White .4%
American Indian or American Native and Black .01%
Other 14.9%
Hispanic 34.5%
Public Review Draft 8/28/2018
CAPER 10
OMB Control No: 2506‐0117 (exp. 06/30/2018)
CR‐15 ‐ Resources and Investments 91.520(a)
Identify the resources made available
Table 3 ‐ Resources Made Available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG CDBG $1,074,271 $835,595
Other Other $11,437 $11,437
Narrative
PY 2017 was exceptionally challenging for the City in terms of resources. A reconciliation of prior year
program funding roll‐over and unreliable Program Income receipts resulted in far more resources being
available than the City had originally programmed. Additionally, in PY 2016 the City significantly
underestimated the amount of Program Income, which resulted in a failure to meet HUD’s timeliness
requirements. To meet HUD’s May timeliness requirements for PY 2017, the City prepared a workout
plan with HUD’s direction, which assisted with getting spending back on schedule. As a result, the City
was able to spend exceess funding ahead of HUD’s May timeliness deadline in PY 2017. The City will
continue to focus on funding shovel ready projects that provide maximum benefit to the community in
PY 2018, and will prioritize funding for projects that will help meet timeliness.
Identify the geographic distribution and location of investments
Table 4 – Identify the geographic distribution and location of investments
Target Area Planned
Percentage
of Allocation
Actual
Percentage
of Allocation
Narrative Description
Downtown, Uptown,
Orange/Lindenville,
Camino/Sunshine &
Westborough 33% 68%
Increased expenditures in the
public infrastructure program
increased the percentage of funding
spent in the CDBG target areas.
Narrative
The City designates these areas as target areas for funding services because a majority of those who
reside and/or receive services in this area are low‐ and moderate‐income. Therefore, improvements
made to this area, through activities like public right of way accessibility improvements and public
facility improvements that provide additional access to residents and neighborhoods are supported
through the CDBG program.
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
Public Review Draft 8/28/2018
CAPER 11
OMB Control No: 2506‐0117 (exp. 06/30/2018)
The non‐profit organizations that received CDBG funding leveraged their CDBG grants with their own
funding from foundations, state and county grants, private donors, corporations, in‐kind donors, and/or
fees for service. The City also leveraged CDBG funds with local funds in the public infrastructure
projects.
CR‐20 ‐ Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low‐income, low‐income,
moderate‐income, and middle‐income persons served.
Table 5 – Number of Households
One‐Year Goal Actual
Number of homeless households to be
provided affordable housing units
0 0
Number of non‐homeless households
to be provided affordable housing
units
0 0
Number of special‐needs households
to be provided affordable housing
units
0 0
Total 0 0
Table 6 – Number of Households Supported
One‐Year Goal Actual
Number of households supported
through rental assistance
0 0
Number of households supported
through the production of new units
0 0
Number of households supported
through the rehab of existing units
49 30
Number of households supported
through the acquisition of existing
units
0 0
Total 49 30
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
This year, the City served 30 households through the following housing rehabilitation
programs/projects: Center for Independence of Individuals with Disabilities (CID) Housing Accessibility
Modification (HAM) Program, El Concilio’s Peninsula Minor Home Repair Program, the City‐Sponsored
Public Review Draft 8/28/2018
CAPER 12
OMB Control No: 2506‐0117 (exp. 06/30/2018)
Housing Rehabilitation Program, and both the Rebuilding Together Peninsula’s (RTP) Safe at Home and
National Rebuilding Day programs.
CID ‐ HAM Program: CID was able to meet its goal and provided accessibility modifications to 6 low‐
income households.
El Concilio’s Peninsula Minor Home Repair Program: Under Peninsula Minor Home Repair, El Concilio
interviewed, enrolled and assessed four households in the City of South San Francisco. El Concilio
struggled with meeting rehabilitation goals in PY 2017 due to consuming costs associated with
administering the program. City staff met with El Concilio to discuss how to best address obstacles that
have been preventing the organization from meeting goals. As a result, El Concilio will be modifying their
program budget and operations during PY 2018 to help address both increased construction and
increased administration costs.
City‐Sponsored Housing Rehabilitation Program: The City issued no loans, and no Debris Box Vouchers,
and one Emergency Repair Vouchers. The City is revamping the housing rehabilitation program to
improve resident participation, including adding marketing and revising program guidelines. The City is
also looking at ways to partner with other agencies, both in the City and in neighborhing jurisdictions to
find more effective ways to operate onging rehabilitation programs. Future partnering efforting include
working with Code Enforcement and neighborhood associations to improve participation in the Debris
Box Voucher and Emergency Repair Voucher programs, and working with other members of the
Consortium to see if it is possible to develop a regional home repair loan program.
RTP – Safe at Home Program: RTP served 16 clients, three of whom were female led households. This
year, RTP’s biggest challenge was being short a service technician, thus unable to meet its goal. RTP also
met with City staff to discuss budget and program adjustments to help them meet goals and improve
overall program performance in PY 2018.
RTP ‐ National Rebuilding Day: National Rebuilding Day is completed annually in April where
approximately 3,000 volunteers give their time and skills to help neighbors live more independently in
safer, cleaner, and healthier environments. RTP met its goals and served three South San Francisco
households as part of National Rebuilding Day.
Discuss how these outcomes will impact future annual action plans.
Both El Concilio and RTP failed to meet their annual goals during PY 2017. Both expressed that the
primary challenge was the absence of an administrative funding budget. Because of this, El Concilio and
RTP had to consume the increasing administration costs, resulting in fewer total projects being
completed. A budget for administrative funding would greatly assist El Concilio and RTP with activity
delivery, outreach, and other program costs, and consequently rise to meet their goals.
Public Review Draft 8/28/2018
CAPER 13
OMB Control No: 2506‐0117 (exp. 06/30/2018)
With recommendations from HUD, in order to help service providers increase the number of households
that they are able to serve, the City worked with each service provider to determine a fair administrative
and project delivery cost for implementing their respective overall program’s scope of work.
All of the rehabilitation programs received slight increases in funding with expected increases in goals
for PY 2018, and the City will be monitoring closely to evaluate the impact that the increase funds have
on performance.
Include the number of extremely low‐income, low‐income, and moderate‐income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Table 7 – Number of Households Served
Number of Households Served CDBG Actual HOME Actual
Extremely Low‐income 845
Low‐income 98 8
Moderate‐income 92 5
Above Moderate‐income (seniors) 7
Total 1042 13
Narrative Information
99.3% of households served met the CDBG income requirements of either being extremely low income
(30% or less of AMI*), low income (31‐50% of AMI*), or moderate income (51‐80% of AMI*). Only .07%
of program participants were above moderate‐income.
The City uses HOME funding through the San Mateo Consortium to fund Project Sentinel’s Fair Housing
efforts. Those clients are reported under the HOME column.
*AMI = Area Median Income
CR‐25 ‐ Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The Homeless Outreach Team (HOT) a multi‐disciplinary, bilingual program that was created in South
San Francisco three years ago, continued their work this year. The HOT Program has a full‐time case
Public Review Draft 8/28/2018
CAPER 14
OMB Control No: 2506‐0117 (exp. 06/30/2018)
manager that works, in collaboration with the City’s police, to identify and serve the most difficult, long
term homeless individuals by placing them in emergency shelters and connecting them with County
medical and rehabilitation services. So far, the HOT Program has been very successful and has provided
many HOT clients with needed medical care and identification cards, signed HOT clients up for
assistance programs such as Supplement Security Income (SSI), and placed HOT clients into emergency
shelter or other housing programs such as the Veterans Affairs (VA) Housing Vouchers.
Additionally, on a monthly basis the HOT Program holds a Case Managers Meeting that brings together
homeless providers, other social service providers, County staff, City staff, City Police and the HOT case
manager to discuss current issues with HOT clients and to identify potential solutions. Additionally,
there is a HOT Steering Committee comprised of elected officials, program managers, and City staff who
work to make larger program‐wide and policy level changes to improve the homeless outreach, services
and prevention efforts in South San Francisco and County‐wide.
Addressing the emergency shelter and transitional housing needs of homeless persons
Samaritan House – Safe Harbor
This year, the City has provided Samaritan House CDBG funding to operate the Safe Harbor Shelter. Safe
Harbor provides emergency (less than 30 days) and transitional (30 days to six months) shelter, for
single homeless adults over age 18 in South San Francisco.
Safe Harbor provided shelter to 278 South San Francisco residents missing their goal by 14%.
This year, Safe Harbor underwent renovations. The interior of the shelter was repainted and the carpet
was removed and replaced with tile, which is more sanitary and easier to clean and maintain. These
updates also support the eventual policy change regarding animals. Currently, Safe Harbor clients are
able to have service animals, including emotional support animals. Safe Harbor took the first steps toward
allowing non-service animals by meeting with the San Mateo County Human Services Agency and Animal
Control & Licensing to tour the premises and prepare for kennels. This effort supports Samaritan House’s
commitment to reducing barriers to entry for those most in need. These improvements will provide long
term benefits for future clients, however they did cause a small disruption in PY 2017 overall
performance.
Samaritan House also employs a Housing Placement Specialist that provides housing placement services
for homeless clients addressing their transitional housing needs.
CORA
CORA assisted four South San Francisco clients in 2017, exceeding their goal by 34%. Four years ago,
CORA was able to re‐organize their programmatic departments. This process resulted in the creation of
the Crisis Intervention Department which is comprised of CORA’s 24‐hour hotline, Emergency Response
Program collaboration with law enforcement, and the two emergency shelters. CORA also combined its
Mental Health program, Children’s Program, and Supportive Housing Programs under the newly formed
Public Review Draft 8/28/2018
CAPER 15
OMB Control No: 2506‐0117 (exp. 06/30/2018)
Family Support Services Department. The other departments (Legal, Community Education,
Administration, and Development) remain unchanged. As these changes have evolved and settled in,
staff has reported being better supported and services more enriched. This new structure also is poising
the agency for growth.
In addition to the funding provided to these two non‐profits, the City was able to make non‐monetary
efforts to address the emergency shelter and transitional housing needs of homeless persons by
continuing to actively participate in the Continuum of Care (CoC) Steering Committee and Project
Performance Subcommittee. This year, the CoC focused on creating ways to better evaluate and
improve the effectiveness of the County’s homeless programs to align with objectives set forth in the
Homeless Emergency Assistance and Rapid Transition to Housing Action (HEARTH), and the federal
strategic plan, Opening Doors. The CoC continue to work towards set standards. These are:
1. Percentage of exits to permanent housing;
2. Housing retention rate;
3. Participants obtaining employment income during program participation;
4. Participants increasing total income during program participation;
5. Program occupancy levels;
6. CoC/Emergency Solution Grant (ESG) spending rates; and
7. Homeless Management Information System (HMIS) data quality.
These performance measures will allow the CoC to identify areas of improvement and better address
the needs of homeless persons.
Helping low‐income individuals and families avoid becoming homeless, especially extremely
low‐income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Legal Aid conducted legal services clinics between July 1, 2017 and June 30, 2018, where tenants
received assistance with evictions, rent increases, repairs, housing discrimination, security deposits, and
other legal questions pertaining to housing stability. A total of 88 South San Francisco households were
served, at 163% of goal.
Project Sentinel provides comprehensive fair housing services including complaint investigation,
community outreach, and education to San Mateo County residents. Project Sentinel assisted a total of
13 South San Francisco residents this year through their various services (case investigations,
consultations, and referrals).
HIP Housing’s Home Sharing program interviews and screens clients for housing, provides housemate,
Public Review Draft 8/28/2018
CAPER 16
OMB Control No: 2506‐0117 (exp. 06/30/2018)
alternative housing, and community resources to clients with the potential of matching persons in
affordable home sharing arrangements. 17 persons were matched with households and provided
housing during PY 2017.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
As mentioned previously, the Homeless Outreach Team (HOT) has been very successful in placing HOT
clients in housing and connecting them with needed services. Samaritan House provided services to 278
persons in need of transitional housing. StarVista works with emancipated foster youth to stabilize their
housing situation and served 14 clients during PY 2017. The Life Moves (formerly InnVision Shelter
Network), and family homeless shelter in Daly City, Family Crossroads, underwent major rehabilitation
and seismic retrofitting in 2015, is now open and serving clients.
The City continues to work with the CoC to address homeless needs in the community.
CR‐30 ‐ Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The South San Francisco Public Housing Authority (SSFPHA) operates as a separate entity and submits its
own action plans and performance reports to HUD separately from the City of South San Francisco. The
SSFPHA manages 80 units of affordable public housing. Information about the needs and strategy of the
SSFPHA can be found in the SSFPHA’s AAP.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
Not applicable
Actions taken to provide assistance to troubled PHAs
The PHA is not troubled.
Public Review Draft 8/28/2018
CAPER 17
OMB Control No: 2506‐0117 (exp. 06/30/2018)
CR‐35 ‐ Other Actions 91.220(j)‐(k); 91.320(i)‐(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City took the following actions to remove or ameliorate the negative effects of public policies that
serve as barriers to affordable housing:
The City’s municipal code provides SSFMC section 20.390 provides incentives to developers for
the production of housing that is affordable to lower and moderate‐income residents.
Continued to implement the City's Inclusionary Housing Ordinance; this requires that a
percentage of new “for sale” residential units are made available as Below Market Rate (BMR)
units for low income residents. The City will also continue to support its existing BMR units.
The City’s General Plan, and specifically the Housing Element, includes policies that support the
development of affordable housing. Two years ago, the 2015‐2023 Housing Element was
adopted by State Housing and Community Development.
The City continued to support the rehabilitation of existing housing stock by using CDBG funding
to support home repair programs, including El Concilio, the Center of Independence of
Individuals with Disabilities’ (CID) Housing Accessibility Modification Program, Rebuilding
Together Peninsula, and the City‐Sponsored Housing Rehabilitation Program.
The City continued to cooperate with other governmental agencies and take an active interest in
seeking solutions to area‐wide housing problems.
Continued to investigate new sources of funding for the City's affordable housing programs and
working with non‐profit developers to promote the development of housing affordable to lower
income households. Three years ago, the City accepted the Rotary Housing Development
application which will provide 81 affordable senior housing units downtown. This project is
currently under construction.
Continued to consider a process to allow fee waivers or deferrals of planning, building, and
impact fees for affordable housing developments.
Reduced government and public infrastructure constraints to affordable housing development
through administrative support, inter‐governmental cooperation, public‐private partnerships,
and permit streamlining.
Implementing zoning to ensure there is an adequate supply of land to meet its Association of
Bay Area Governments (ABAG) regional housing needs allocation by adopting the Downtown
Station Area Specific Plan which includes community benefits.
The City included in the Housing Element to consider a reduction in the minimum lot size for
downtown development properties to encourage affordable, small housing development and
Also included in the Housing Element is the option to reduce minimum development standards
for condominium construction from five to two units to encourage affordable housing
production.
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CAPER 18
OMB Control No: 2506‐0117 (exp. 06/30/2018)
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
Given the limited funds available, the City prioritized activities which provide maximum benefits to the
community. Many local service providers are also experiencing declines in both private and public
funding, which further hinder their capability to meet needs. The City addressed this obstacle by
continuing to look for new funding sources and find creative ways to leverage and utilize existing
funding. Additionally, the City encouraged collaboration amongst itself, other jurisdictions, and non‐
profits. The majority of the City’s CDBG funds were allocated to supporting housing rehabilitation and
public right of way improvement projects because they are not restricted by spending limitations and
are highly impactful. A major funding obstacle continued to be sufficiently supporting the wide variety of
crucial public services needed in the City due to federal spending limits specific to public services. While
this need far exceeded the funds available to provide those services, this year, the City selected those
activities which would be most effective.
Actions taken to reduce lead‐based paint hazards. 91.220(k); 91.320(j)
The City continued to incorporate lead testing and lead safe work practices into all rehabilitation
projects it funds. Additionally, the City continued to provide lead‐based paint information available on
its website, to all the local non‐profit agencies, to homeowners and renters. The City also provided loans
and grants to homeowners and public facilities to abate lead‐based paint hazards.
Actions taken to reduce the number of poverty‐level families. 91.220(k); 91.320(j)
Housing
Safe and affordable housing is an essential component in the efforts to reduce poverty. With the loss of
Redevelopment Agency (RDA) funding, the City was unable to contribute to the development of new
affordable housing. However, the City did make efforts to maintain the existing supply of affordable
housing by funding multiple home rehabilitation activities (See Section CR‐20 ‐ Affordable Housing). The
City also continued to operate its 16 affordable housing units and oversee the Below Market Rate (BMR)
Program. In addition City staff fielded numerous phone calls and in person inquiries regarding
information on affordable housing. These resource packets, along with the City’s website, are updated
on a regular basis with affordable housing information.
Public Services
As mentioned, the City funds and/or supports a variety of non‐profit organizations that provide housing
assistance, food, child care, clothing, health services, legal services, and other emergency services to
low‐income residents. The City also promotes communication and collaboration among the nonprofits
to avoid duplication of efforts and to be able to provide more comprehensive/”wrap around” services
for low‐income residents. Additionally, the City has in‐house programs that also helped residents
improve their economic opportunities. For example, the City’s Community Learning Center offered
classes in English, computers, native language literacy, job training, and citizenship along with providing
Public Review Draft 8/28/2018
CAPER 19
OMB Control No: 2506‐0117 (exp. 06/30/2018)
activities for children.
Economic Development
The City also takes on various economic development efforts to attract and retain businesses and jobs in
South San Francisco. The City continues to operate the Business Cooperation Program (BCP) which seeks
to lower the cost of doing business in the City. This program consists of three elements:
1. Contacting the major businesses and developers to assess how the City’s economic
development efforts can be altered to meet their needs, and let them know the City is
supportive of their business efforts;
2. Providing information on the City’s commercial (Property Assessed Clean Energy) PACE program
to assist in financing improvements that will save energy for the businesses and achieve the
City’s Climate Action Goals, and providing information on other business support programs such
as Employment Training Panel (ETP) assistance, and the Governor’s Office of Business and
Economic Development (Go‐Biz) financial programs; and
3. Ask for participation in the City’s proposed Sales and Use Tax Program that will retain these
taxes locally instead of them being allocated to the County sales Tax pool.
The City has also partnered with several regional agencies and organizations that focus on job growth.
For example, City staff works closely with Skyline College’s Science, Technology, Engineering, and
Mathematics (STEM) program that assists high school students, the Bay Area Entrepreneur Center
(BAEC), a business incubator/accelerator and resource center for start‐up companies, and early stage
companies, Joint Venture Silicon Valley, and ChinaSF.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City made the following efforts to improve and/or develop institutional structure:
Continued to work with the other local jurisdiction as part of the CDBG "Work Group" to
increase collaboration and make administrative and monitoring processes standardized and
electronic/automated. For example, the CDBG Work Group moved the environmental review
and project approval process for minor home repair programs into an online format.
Continued to serve on the Continuum of Care (CoC) Steering Committee and is involved in all
CoC decision‐making. The CoC Steering Committee is the organized group that guides the
implementation of San Mateo County's homeless services system. The CoC undertakes a wide
range of efforts to meet the needs of homeless persons and those at risk of homelessness.
Continued to build and improve relationships with local service providers.
The City has had challenges with meeting timeliness in spending, resulting from unpredictable program
income receipts and changes in program and project subscription. The City is actively reviewing and
improving under‐served programs, and reprogramming funds from programs that have met set goals
Public Review Draft 8/28/2018
CAPER 20
OMB Control No: 2506‐0117 (exp. 06/30/2018)
and are no longer in high demand. The City met timeliness in PY 2017 and completed the HUD
requiremed workout plan. However, to improve overall project management, staff will continue to
utilize a simplified workout plan to help meet HUD’s timeliness requirement. The City will also continue
to employ staff dedicated to the CDBG program to help continue improvement in program operations
and project management.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City took following actions to enhance coordination between public and private housing and social
service agencies:
Continued to collaborate with the County of San Mateo, private housing developers, lenders,
and non‐profit housing developers in order to create more affordable housing.
Continued to participate in the CDBG "Work Group" and to improve CDBG administrative
processes for both sub‐recipients and City staff.
Continued to fund non‐profit agencies serving low‐income residents
Encouraged collaboration and cooperation among local service providers.
Continued to participate in the CoC Steering Committee.
Continued to work with HOT which brings together the HOT case manager, City police and staff,
homeless providers, and other social service providers.
Continued to participate in the San Mateo County HOME Consortium and to serve on the San
Mateo County's Housing & Community Development Committee (HCDC)
Continued to build and improve relationships with local service providers.
Continued working with regional economic development groups and promote economic
development collaborations.
Continued to work with businesses and the Chamber of Commerce on downtown beautification
and other projects to improve the downtown
Continued to finance and support the City sponsored housing rehab program.
Worked with El Concilio, RTP and CID to coordinate housing repair and rehabilitation needs
throughout the community.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
During PY 2016 the City participated in a regional Assessment of Fair Housing. The Assessment of Fair
Housing provides new goals and metrics by which the City will work to address fair housing issues in the
community. The assessment was completed in PY 2017 and approved by HUD. The City used the
assessment as a tool in preparing the new 2018‐2022 Consolidated Plan that will guide implementation
in the CDBG program for the next five years.
Public Review Draft 8/28/2018
CAPER 21
OMB Control No: 2506‐0117 (exp. 06/30/2018)
Other actions currently under way include:
The City continued to support testing and enforcement activities, efforts to educate landlords
and property management companies about fair housing law, and efforts to educate housing
consumers in fair housing rights.
The City continued to support investigations into actual cases, and efforts to educate housing
providers about requirements for reasonable accommodation or modification.
The City continued to support efforts by outside groups to educate buyers through credit
counseling and home purchase training.
Project Sentinel was able to identify and evaluate the causes of denial of HUD funding in
2012. Project Sentinel received $11,437 in CDBG funding in PY 2017.
Project Sentinel was audited by City staff on June 11, 2018. As a result, staff recommended to
improve records of income verification by including what is required in outreach materials, and
to log interaction with clients around income verification requests.
Public Review Draft 8/28/2018
CAPER 22
OMB Control No: 2506‐0117 (exp. 06/30/2018)
CR‐40 ‐ Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long‐term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The City uses the Consolidated Subrecipient Monitoring Plan (Monitoring Plan) that was developed by
the entitlement jurisdictions in San Mateo County to review performance over a period of time and to
evaluate compliance of non‐profit subrecipients funded with CDBG funding. The Monitoring Plan
specifies the criteria the City uses to determine potential areas and levels of risk, which include quarterly
desk reviews, new subrecipients or organizational change, cumulative grant award amount,
administrative history, program performance, and financial capacity. On a quarterly basis, the City
conducts a limited review of all subrecipients, which includes reviewing quarterly performance reports
and expense summaries that are submitted by the subrecipients. These quarterly performance reports
update staff as to whether the non‐profit is meeting its annual objectives and the status of the program.
Additionally, the City will conduct on‐site monitoring reviews of those subrecipients the City determines
to have potential risks and/or have not been monitored in recent years. The on‐site monitoring consists
of a programmatic and fiscal review of files, a tour of the program facilities as appropriate, an
explanation of the services provided, discussions with program and administrative staff, and
introduction to one or more actual beneficiaries, if possible. Also, the City can conduct in‐depth reviews,
if needed, which typically consist of a concentrated review of a known high‐risk area or critical function.
During PY 2017, the City was able to review and monitor several shared services providers and verify
that the projects were in compliance with applicable laws, regulations, and policies related to CDBG.
The Human Investment Partnership – Home Sharing Program was monitored with the consortium in PY
2017. Additionally, the City monitored El Concilio of San Mateo County – Peninsula Minor Home Repair
for both their PY 2015 and PY 2016 programs to help identify ongoing challenges and propose new
solutions. Other agencies were monitoried remotely via desk review.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
Public Notification Efforts
A notice announcing the 15‐day public comment period and a public hearing for the CAPER was
published in the San Mateo County Times on August 28, 2018 and a public hearing will be held on
September 12, 2018. All notices informed citizens about the purpose of the CAPER and invited them to
review the document and to either submit comments or provide them at the public hearing. All notices
included the phone number and address of the Economic & Community Development (ECD) office in
order to address any community inquiries. This notification was written in English and Spanish in an
Public Review Draft 8/28/2018
CAPER 23
OMB Control No: 2506‐0117 (exp. 06/30/2018)
effort to reach the City’s Spanish language community. Draft copies of this report were made available
at all public libraries, at the City’s ECD office, and on the City’s main website. Additionally, an email
notification was sent out to local non‐profits and CDBG sub‐recipients.
Summary of Citizen Comments
Pending Close of Public Comment Period.
CR‐45 ‐ CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The City did not experience any changes in its program objectives this year. All of this year’s CDBG
activities addressed one of the objectives that were identified in the FY2017‐2018 AAP. Each year, the
City conducts a needs assessment and reviews the prior year performance of each CDBG activity before
it allocates funding. This is to ensure that CDBG funding is being used to meet the City’s objectives for
the year, and to make sure the CDBG program is alilgned with the applicable Consolidated Plan.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
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