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HomeMy WebLinkAboutPC Meeting 01-16-20 (Reso 2851-2020) - 435 Shaw Digital Billboard RESOLUTION NO. 2851-2020 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA RESOLUTION DETERMINING THAT THE 2015 IS/MND CONTINUES TO SERVE AS THE APPLICABLE ENVIRONMENTAL REVIEW DOCUMENT FOR THE INSTALLATION OF A 80 FOOT TALL, DOUBLE-FACED, DIGITAL BILLBOARD ON PROPERTY LOCATED AT 345 SHAW ROAD PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15162 AND 15164, AND RECOMMENDING APPROVAL OF A DEVELOPMENT AGREEMENT, RELOCATION AGREEMENT, AND SIGN PERMIT TO ALLOW FOR THE PROJECT. WHEREAS, Clear Channel (“Applicant”) owns or has a legal equitable interest in a property located at 345 Shaw Road (APN 015-165-050) (“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 a Development Agreement, Relocation Agreement, and Sign Permit; 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, on June 14, 2017, the City Council determined that modifications to sign height, increasing the height up to a total of 114 feet above grade, were minor in nature, the approval of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND adopted by the City Council, nor would it require additional environmental review; and, WHEREAS, the Project is within the IS/MND area, is within the parameters analyzed within the IS/MND and would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND adopted by the City Council, nor would it require additional environmental review; and, WHEREAS, on January 16, 2020 the Planning Commission for the City of South San Francisco held a properly noticed public hearing, at which time interested parties had the opportunity to be heard, to review the Project, 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 AMZ Engineering, dated April 29, 2019; the Clear Channel Billboard Project and Related Zoning Amendment Initial Study/Mitigated Negative Declaration, including all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed January 16, 2020 meeting, and Planning Commission deliberations; 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), Project Plans (Exhibit B), the Development Agreement (Exhibit C) and the 2015 Initial Study/Mitigated Negative Declaration (Exhibit D) 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. Pursuant to CEQA Guidelines Sections 15162 and 15164, and for reasons stated in this Resolution, there is not substantial evidence in the record to support a fair argument that approval of the Project will result in significant environmental effects beyond those adequately evaluated and addressed by the IS/MND, nor would the proposed amendment require any new mitigation measures because: a. The Project is within the area previously analyzed by the IS/MND which analyzed allowing up to three digital billboards in the west of US 101 in South San Francisco, and does not propose substantial changes that would require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, and previously identified mitigation measures set forth in the IS/MND continue to apply; b. No substantial changes have occurred with respect to the circumstances under which the Project is undertaken which will require major revisions of the IS/MND due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time when the IS/MND was adopted, shows any of the following: i. The Project will have one or more significant effects not discussed in the IS/MND; ii. Significant effects previously examined will be substantially more severe than shown in the IS/MND; iii. 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 iv. Mitigation measures or alternatives which are considerably different from those analyzed in the IS/MND would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative. 2. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the Planning Commission, exercising its independent judgment and analysis, finds that the proposed Project falls within the environmental parameters analyzed in the IS/MND, and further finds that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND adopted by City Council nor would new mitigation be required by the Project, and the measures included in the IS/MND’s Mitigation Monitoring and Reporting Program (MMRP) would fully apply. The Project would not result in any new impacts not adequately evaluated and addressed by the IS/MND. C. Development Agreement 1. The Applicant and City have negotiated a Development Agreement pursuant to Government Code section 65864 et seq. The Development Agreement, attached hereto as Exhibit C, sets forth the duration, property, project criteria, and other required information identified in Government Code section 65865.2. Based on the findings in support of the Project, the 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 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 in the 2015 IS/MND. 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, 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 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. 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 Relocation Agreement and Sign Permit. 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 Action Signs, Inc. (attached as Exhibit C). Be it further resolved that the approvals stated herein are conditioned upon the City Council’s approval of the Development Agreement between the City of South San Francisco and Clear Channel Outdoor LLC. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at a regular meeting held on the 16th day of January, 2020 by the following vote: AYES: Chair Murphy, Vice-Chair Wong, Commissioner Faria, Commissioner Shihadeh, Commissioner Evans, Commissioner Tzang, Commissioner Bernardo NOES: ABSTENTIONS: ABSENT: Attest_/s/Sailesh Mehra__________ Secretary to the Planning Commission