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12-21-23 Planning Commission Agenda Packet
Thursday, December 21, 2023 7:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Library Parks & Recreation Building, Council Chambers Room 135 901 Civic Campus Way, South San Francisco, CA Planning Commission ALEX TZANG, Chairperson NORMAN FARIA, Vice Chairperson SAM SHIHADEH, Commissioner MICHELE EVANS, Commissioner SARAH FUNES, Commissioner AYSHA PAMUKCU, Commissioner JOHN BAKER, Commissioner Regular Meeting Agenda 1 December 21, 2023Planning Commission Regular Meeting Agenda How to observe the Meeting (no public comment): 1) Local cable channel: Astound, Channel 26, Comcast, Channel 27, or AT&T, Channel 99 2 ) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/planning-com mission 3) Zoom meeting: https://ssf-net.zoom.us/j/82584801637 (Enter your email and name) Webinar ID: 825 8480 1637 Join by Telephone: +1 669 900 6833 How to Submit written Public Comment before the meeting: Email: PCcomments@ssf.net Members of the public are encouraged to submit public comments in writing in advance of the meeting. The email will be monitored during the meeting.The City encourages the submission of comments by 6:00pm on the date of the Public Hearing to facilitate inclusion in the meeting record. How to provide Public Comment during the meeting: COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER During a meeting, comments can only be made in person: Complete a Speaker Card located at the entrance to the Council Chambers. Be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americanswith Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 72-hours before the meeting. Accommodations: Individuals who require special assistance of a disability-related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting. Page 2 City of South San Francisco Printed on 12/15/2023 2 December 21, 2023Planning Commission Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PUBLIC COMMENT DISCLOSURE OF EX-PARTE COMMUNICATIONS This portion of the meeting is reserved for Planning Commissioners to disclose any communications, including site visits, they have had on current agenda items, or any conflict of interest regarding current agenda items. CONSENT CALENDAR Consideration of draft minutes from the November 02, 2023 Planning Commission meeting 1. 11-02-23 PC Final MinutesAttachments: PUBLIC HEARING Report regarding consideration of an application for a Use Permit to allow an indoor padel (racquet sport) facility at 550 Eccles Avenue in the Business Technology Park-High (BTP-H) Zoning District in accordance with Title 20 of the South San Francisco Municipal Code (SSFMC) and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA), per Class 1, Section 15301. (Victoria Kim, Associate Planner) 2. Attachment 1_Draft Findings Attachment 2_Conditions of Approval Attachment 3_Site Plans Attachment 4_Project Description Attachment 5_Supporting Document Attachment 6_Parking Study Analysis and Parking Agreement Attachments: Page 3 City of South San Francisco Printed on 12/15/2023 3 December 21, 2023Planning Commission Regular Meeting Agenda Report regarding consideration and recommendation of approval to City Council of a Zoning Text Amendment, a Development Agreement, Design Review and Sign Permit to allow for the installation of a 65-foot tall, double-faced, digital billboard on property located adjacent to 140 Beacon Avenue in a PG&E easement along HWY 101 & 280 in the Business Technology Park-High (BTP-H) Zoning District in accordance with Title 20 of the South San Francisco Municipal Code and environmental analysis and determination under the California Environmental Quality Act (CEQA) of project consistency with a prior Mitigated Negative Declaration under CEQA Guidelines Sections 15164. (Christy Usher, Senior Planner) 3. Resolution making findings and recommending that the City Council make a determination that the Outfront Media Digital Billboard Project at 140 Beacon Avenue is fully within the scope of environmental analysis as described in the 2015 Initial Study/ Mitigated Negative Declaration (IS/MND) and that the 2023 Addendum to the IS/MND is the appropriate environmental document for the project. 3a. Exhibit A Initial Study Mitigated Negative Declaration 2015 Exhibit B Addendum 2023 Attachments: Resolution making findings and recommending the City Council approve a Development Agreement, Design Review and Sign Permit to allow for the installation of a 65-foot tall, double-faced, digital billboard on property located adjacent to 140 Beacon Avenue. 3b. Exhibit A - Draft Conditions of Approval Exhibit B - Project Plans Exhibit C - Design Review Board letter Exhibit D - Development Agreement Attachments: Resolution making findings and recommending that City Council adopt a South San Francisco Zoning Ordinance amendment to amend Section 20.360.004 to allow four digital billboards along the US 101 corridor. 3c. Digital Billboard ZTA ordinance DRAFTAttachments: ADMINISTRATIVE BUSINESS The Commission has adopted a policy that applicants and their representatives have a maximum time limit of 20 minutes to make a presentation on their project. Non-applicants may speak a maximum of 3 minutes on any agenda item. Questions from Commissioners to applicants or non-applicants may be answered by using additional time. ITEMS FROM THE COMMISSION Page 4 City of South San Francisco Printed on 12/15/2023 4 December 21, 2023Planning Commission Regular Meeting Agenda ADJOURNMENT **Any interested party will have 15 calendar days from the date of an action or decision taken by the Planning Commission to appeal that action or decision to the City Council by filing a written appeal with the City Clerk as provided under Chapter 20.570 of the South San Francisco Municipal Code. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day. The cost to appeal for applicants, residents, and all others is as set forth in the City’s Master Fee Schedule. Page 5 City of South San Francisco Printed on 12/15/2023 5 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-990 Agenda Date:12/21/2023 Version:1 Item #:1. Consideration of draft minutes from the November 02, 2023 Planning Commission meeting City of South San Francisco Printed on 12/15/2023Page 1 of 1 powered by Legistar™6 November 2, 2023 Minutes Page 1 of 3 MINUTES NOVEMBER 2, 2023 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER / PLEDGE OF ALLEGIANCE TIME: 7:01 PM AGENDA REVIEW No changes. ANNOUNCEMENTS FROM STAFF Planning Commission Thursday November 16th, 2023 Meeting is Cancelled. PUBLIC COMMENTS None. CONSENT CALENDAR – Voting Key: (yes, no abstain) 1. Consideration of draft minutes from the October 19, 2023 Planning Commission 2. Report regarding consideration of Master Sign Program and Design Review for Gateway Campus at 901 Gateway Boulevard in the Business and Technology Park-High (BTP-H) and East 101 Transit Core (ETC) Zoning Districts in accordance with Title 20 of the South San Francisco Municipal Code (SSFMC) and determination that the project is categorically exempt from California Environmental Quality Act (CEQA). (Victoria Kim, Associate Planner) Motion to approve: Commissioner Shihadeh, Second – Vice-Chair Faria, approved by roll call (6-0-0) Meeting Video: Planning Commission on 2023-11-02 7:00 PM - HYBRID IN- PERSON/VIRTUAL MEETING NOTICE (granicus.com) ROLL CALL / CHAIR COMMENTS PRESENT: Chair Tzang, Vice Chair Faria Commissioners: Baker, Evans, Funes-Ozturk (arrived 7:03pm), Shihadeh ABSENT: Pamukcu STAFF PRESENT: Adena Friedman – Chief Planner – Kelsey Evans - Clerk 7 November 2, 2023 Minutes Page 2 of 3 PUBLIC HEARING 3. Report regarding a resolution making findings and recommending that the City Council approve application for Design Review for a new Aquatic Center at Orange Memorial Park, and adopt the Initial Study / Mitigated Negative Declaration (ND23-0005) in accordance with the California Public Resources Code and the California Environmental Quality Act. (Philip Vitale, Deputy Director - Capital Projects, and Adena Friedman, Chief Planner) Public Hearing opened 7:07pm Public Hearing closed 7:44pm • Phillip Yee – Public comment via in-person. 3a. Resolution making findings and recommending that the City Council adopt the Initial Study/Mitigated Negative Declaration (ND23-0005) for the Orange Memorial Park Aquatic Center in accordance with Section 21080 of the California Public Resources Code and CEQA Guidelines Section 15070 et seq. Motion to approve: Commissioner Baker, Second – Commissioner Funes-Ozturk, approved by roll call (6-0-0) Meeting Video: Planning Commission on 2023-11-02 7:00 PM - HYBRID IN- PERSON/VIRTUAL MEETING NOTICE (granicus.com) 3b. Resolution making findings and recommending that the City Council approve a Design Review permit (DR23-0037) for the new Aquatic Center at Orange Memorial Park within the Parks and Recreation (P&R) Zoning District. Motion to approve: Commissioner Shihadeh, Second – Vice-Chair Faria, approved by roll call (6-0-0) Meeting Video: Planning Commission on 2023-11-02 7:00 PM - HYBRID IN- PERSON/VIRTUAL MEETING NOTICE (granicus.com) ITEMS FROM THE COMMISSION Commissioner Evans – The new meeting location, LPR, is beautiful. Commissioner Funes-Ozturk – Appreciates staff and the new Aquatic Center at Orange Memorial Park Chair Tzang – Appreciates the new building, LPR, and SSF. 8 November 2, 2023 Minutes Page 3 of 3 ADJOURNMENT Chair Tzang adjourned the Planning Commission meeting at 7:55PM. Adena Friedman, Chief Planner Alex Tzang, Chairperson or Norm Faria, Vice Chairperson Secretary to the Planning Commission Planning Commission City of South San Francisco City of South San Francisco AF/af 9 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1032 Agenda Date:12/21/2023 Version:1 Item #:2. Report regarding consideration of an application for a Use Permit to allow an indoor padel (racquet sport) facility at 550 Eccles Avenue in the Business Technology Park-High (BTP-H)Zoning District in accordance with Title 20 of the South San Francisco Municipal Code (SSFMC)and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA),per Class 1,Section 15301. (Victoria Kim, Associate Planner) MOTION TO ADOPT STAFF RECOMMENDATIONS 1.Move to determine the project is exempt from CEQA and approve the planning entitlements. RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing and take the following action: 1.Determine that the Project is categorically exempt under the provisions of CEQA,Class 1,Section 15301,Existing Facilities and approve the entitlements request for Project (P23-0104)including a Use Permit (UP23-0005), subject to the attached draft Findings and draft Conditions of Approval. BACKGROUND/DISCUSSION In October 2023 the applicant (Neil Chainani)submitted a Use Permit application to operate an Indoor Sports and Recreation use.The proposed project is an indoor padel facility (Park Padel),which is a racquet sport played on a smaller field, 66 feet x 33feet, with 1 to 2 players per team, maximum 4 people per court. Site Overview The project property is located at 550 Eccles Avenue,within an existing one-story warehouse building.The project area is the southwest portion of the building,occupying approximately 26,000 square feet in the existing 97,586 square foot building.There are 20 surfacing parking spaces dedicated to the indoor padel facility, including one accessible parking stall on site.The main access to the property is from Eccles Avenue in the northeast.The project site is surrounded by industrial,commercial,biotechnological,and office buildings on the north, south, and west, and Rails to Trails in the south. Proposed Project The applicant is proposing to offer an indoor padel facility for a maximum of six courts at a time.There would not be any exterior changes to the building except for a new sign and repainting exterior walls,and current landscaping areas would remain the same.In addition to six indoor padel fields,the project would include an office area,exercise rooms,and mercantile space.An identifying sign for the business is proposed and a “Type A” sign permit application has been submitted. Operation Plan According to the applicant’s project description (Ref.Attachment 4),the indoor padel facility will be open between 7:00 a.m.to 9:00 p.m.seven days a week.The proposed business hours would also take place outside of regular operating hours of the neighboring businesses and weekends.The maximum number of occupants would be 24 players (maximum of four players on each of the six courts)with 2 staff employees (a managerCity of South San Francisco Printed on 12/13/2023Page 1 of 3 powered by Legistar™10 File #:23-1032 Agenda Date:12/21/2023 Version:1 Item #:2. would be 24 players (maximum of four players on each of the six courts)with 2 staff employees (a manager and an assistant),totaling 26 people.There would be four employees rotating shifts and at least one or two staff members would be at the project site during business hours. The indoor padel court featuring an artificial turf would be approximately 2,180 square feet (66 feet wide and 33 feet long)and each team consists of 1 to 2 players and two teams per court.The indoor field would be operated for athletic and social activities. ZONING CONSISTENCY Land Use The subject site is located in Business Technology Park-High (BTP-H)Zoning District.Pursuant to SSFMC Section 20.100 (Nonresidential Districts),Indoor Sports and Recreation uses are permitted in the BTP-H zoning district subject to the approval of a Use Permit.The proposed use would be operated indoors and outside of normal business hours,so that noise,traffic,and parking in the surrounding area would not be negatively impacted by the project.Bringing in a new recreational location would provide a fitness opportunity to the broader Oyster Point area for employees of biotech companies. Parking Requirement Pursuant to SSFMC Section 20.330.004 (Required On-Site Parking Spaces),a Parking Management and Monitoring Study is required for commercial recreation uses without a specified parking requirement.The applicant submitted Parking Study Analysis (Ref.Attachment 6)to provide parking suitability and adequacy for the project. The project site currently has 20 dedicated surface parking spaces (2 for staff and 18 customer stalls)and 12 additional parking spaces from neighboring businesses in the northwest corner that are accessible after 5:00 p.m.during weekdays and all day on weekends based on the parking agreement (Ref.Attachment 6).The parking study analysis includes hourly parking demand surveys of the adjacent use for peak demand hours and a comparable study at a similar indoor padel facility to capture anticipated volumes and peak hours of parking demand. The parking analysis shows that the adjacent use has a peak parking demand of 6 spaces on a weekday and weekend.Thus,there would be 6 additional parking spaces for the project after 5:00 p.m.on weekdays and all day on weekends.The parking demand survey for the comparable indoor padel facility reveals that the peak parking demand would be no more than 12 vehicles at 9:00 p.m.on a weekend and 13 vehicles on a weekday at 2:00 p.m.As such,the on-site parking spaces would accommodate the expected parking demand and be adequate for the project.The proposed indoor padel facility would not have a significant negative impact on off -site and on-site parking without any alternative parking strategies. GENERAL PLAN CONSISTENCY The General Plan Land Use designation for the project site is Business Technology Park High.The land use designation is intended for high-density corporate headquarters,research and development facilities,and office buildings.The proposed Park Padel would be located in the home of the biotech companies and provide active, social,and athletic opportunities to employees before,during,and after work hours in East of 101.Primarily office,life science,logistics,manufacturing,warehousing,and other industrial uses are located within the East of 101 Sub Area.The project is providing an amenity to provide a recreational facility for the employees and neighbors and the indoor padel is within the intent of the adopted General Plan designation. City of South San Francisco Printed on 12/13/2023Page 2 of 3 powered by Legistar™11 File #:23-1032 Agenda Date:12/21/2023 Version:1 Item #:2. Policy LU-1.1:Support mixed use activity centers.Support a network of vibrant mixed use activity centers located throughout the city.Mixed use centers should include business and services,housing,healthy food, parks, and other gathering places. Policy LU-1.7:Create new Lindenville and East of 101 mixed use neighborhoods.Facilitate the construction of new mixed-use neighborhoods in Lindenville and East of 101 that are well connected to services,transit, amenities, public buildings, and parks and recreational facilities. Policy LU-7.7:Affordable spaces for emerging businesses.Support affordable and flexible commercial and industrial building space for new and emerging businesses. GOAL PE-2:A resilient and diverse South San Francisco economy supports existing industries while accommodating emerging growth opportunities. GOAL PE-7:South San Francisco provides a business climate that supports the success of local entrepreneurs and existing small, local, minority-owned, and culturally diverse businesses. GOAL PR-1:South San Francisco equitably provides improved parkland,recreational facilities,and services for all residents. ENVIRONMENTAL REVIEW The project is in an existing structure and has been determined to be categorically exempt from environmental review under the provision of CEQA guidelines,Class 1,Section 15301 Existing Facilities.The project would not create any changes to the site conditions and no further environmental analysis is required. CONCLUSION The proposed indoor sports and recreation use (Park Padel)would provide a recreation facility and athletic activities for employees and guests of large biotech firms in the Oyster Point area.The project is consistent with General Plan and City’s Zoning Ordinance development standards.Staff recommends that the Planning Commission make a determination that the Project is categorically exempt under the provisions of CEQA and approve the Use Permit (UP23-0005) subject to the attached draft Findings and draft Conditions of Approval. Attachments: 1.Draft Findings 2.Draft Conditions of Approval 3.Site Plans 4.Project Description (Description of Proposal) 5.Supporting Document 6.Parking Study Analysis and Parking Agreement City of South San Francisco Printed on 12/13/2023Page 3 of 3 powered by Legistar™12 FINDINGS OF APPROVAL P23-0104: UP 23-0005 550 ECCLES AVENUE (As recommended by City Planning Staff on December 21, 2023) As required by the Use Permit Procedures (SSFMC Chapter 20.490), the following findings are made in support of a Use Permit to allow an indoor padel facility (Indoor Sports and Recreation use) at 550 Eccles Avenue in Business Technology Park-High (BTP-H) Zoning District in accordance with Title 20 of the South San Francisco Municipal Code (SSFMC), based on materials submitted to the City of South San Francisco Planning Division which include, but are not limited to: Application materials prepared by applicant, submitted November 22, 2023; Use Permit staff report dated December 21, 2023; and Conditions of Approval. REQUIRED FINDINGS A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Ordinance and all other titles of the South San Francisco Municipal Code. Supportive Evidence: The project site is located within the Business Technology Park-High (BTP-H) Zoning District. Pursuant to the land use regulations in Sections 20.100.020, Indoor Sports and Recreation uses are permitted in BTP-H Zoning Districts with a Use Permit and complies with all other applicable provisions of the Zoning Ordinance. B. The proposed use is consistent with the General Plan and any applicable specific plan. Supportive Evidence: The project is consistent with the General Plan which designates the site as East of 101 land use and the indoor padel facility is meeting the intent of the adopted General Plan Designation. C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements. Supportive Evidence: The project will not result in a negative impact to the public health, safety, or general welfare of the community, or detrimental to surrounding properties or improvements. The indoor padel facility will be operated within an existing warehouse building and no exterior alteration is proposed, except for an identifying “Type A” sign permit. D. The proposed use complies with any design or development standards applicable to the zoning district or the use in question as may be adopted by a resolution of the Planning Commission and/or the City Council. Supportive Evidence: The project complies with design and development standards applicable to the BTP-H Zoning District and use. No exterior modification is proposed, and the proposed use would be operated within the existing facility. 13 Findings of Approval E. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and reasonably foreseeable future land uses in the vicinity. Supportive Evidence: The design, location, size, and operating characteristics of the project would be compatible with the existing and reasonably foreseeable future land uses in the vicinity. The project would be within the existing structure and no exterior change is proposed. F. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. Supportive Evidence: The site is physically suitable for the type, density, and intensity of the project use, including access, utilities, and the absence of physical constraints. The access to the project site would remain the same from Eccles Avenue and no physical expansion of the existing building is proposed. G. An environmental determination has been prepared in accordance with the California Environmental Quality Act. Supportive Evidence: In accordance with the California Environmental Quality Act, staff has determined that the proposed project is Categorically Exempt per the provisions of Section 15301, Class 1, Existing Facilities. 14 CONDITIONS OF APPROVAL P23-0104: UP 23-0005 550 ECCLES AVENUE (As recommended by City Planning Staff on December 21, 2023) A. Planning Division requirements shall be as follows: 1. The applicant shall comply with the City of South San Francisco, Department of Economic and Community Development – Planning Division, standard Conditions and Limitations for Commercial, Industrial and Multi-Family Residential Projects. 2. The construction drawing shall substantially comply with the approved plans submitted September 6, 2023, as approved by the Planning Commission for UP 23-0005, as amended by the Conditions of Approval. The final plans shall be subject to the review and approval of the Chief Planner. 3. The business shall be operated substantially as outlined in the Project Description (Ref. Attachment 4) provided by the applicant as part of this application. 4. The maximum number of occupants at one time is 24 and the maximum number of employees is 4. Expanding the business to permit larger groups of clients or employees may require a Use Permit Modification at the determination of the Chief Planner. 5. Hours of operation are: a) Monday through Sunday from 7:00 a.m. to 9:00 p.m. b) Expanding the hours of operation may require a Use Permit Modification at the determination of the Chief Planner. 6. No special events, tournaments or games are proposed. Expanding the use to include special events, tournaments or games may require a Special Event Permit or/and Use Permit Modification if held more than 6 times per year and resulting in spillover impacts to the surrounding neighborhood. A determination will be at the discretion of the Chief Planner. 7. All parking areas shall be maintained clear of litter and storage at all the time. No outdoor storage of materials is allowed, and no work shall be conducted outside of a building. (Planning Division contact person: Victoria Kim, Associate Planner (650) 877-8535) 15 B. Fire Department requirements shall be as follows: 1. Projects shall be designed and constructed in compliance with established regulations as adopted by the City of South San Francisco affecting or related to structures, processes, premises, and safeguards in effect at time of building permit application. 2. Fire service features for buildings, structures and premises shall comply with all City adopted building standards in effect at the time of building permit application. 3. Permit(s) shall be required as set forth in adopted California Building Code (CBC) Section 105 and California Fire Code (CFC) Sections 105. Submittal documents consisting of construction documents, statement of special inspection, geotechnical report, referenced documents, and other data shall be submitted electronically with each permit application. The construction documents shall be prepared by a registered design professional. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional. 4. Construction documents shall be to scale (graphic scale required on all plan sheets), dimensioned and drawn on suitable electronic media. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of adopted codes and relevant laws, ordinances, rules, and regulations, as determined by the fire code official. 5. Shop drawings for the fire protection system(s) and other hazardous operations regulated by the fire department shall be submitted directly to the Fire Department to indicate conformance with adopted codes and standards. The construction documents shall be approved prior to the start of system installation. 6. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structure and construction that are to remain on the site or plot. 7. Prior to submittal of building permits, design documents for proposed fire service features, such as fire apparatus access road(s), access to building opening(s) and roof(s), premise identification, key boxes, fire protection water supplies, fire department connection location(s), and fire command center location(s) shall be submitted to the fire department for review and approval. a. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable 16 prior to and during the time of construction except where approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection where construction of new roadways allows passage by vehicles. b. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access roads and construction documents and hydraulic calculations for fire hydrant systems shall be submitted directly to the fire department for review and approval prior to construction. 8. Prior to issuance of building permits, the owner or owner’s authorized agent shall be responsible for the development, implementation, and maintenance of an approved written site safety plan approved by the fire code official in accordance with Section 3303. 9. Prior to issuance of building permits, the fire code official shall have the authority to require construction documents and calculations for all fire protection and life safety systems and to require permits be issued for the installation, rehabilitation or modification of any fire protection and life safety systems. Construction documents for fire protection and life safety systems shall be submitted directly to the Fire Department for review and approval prior to system installation. 10. The required fire construction permit in accordance with CFC Section 105.6 shall not be deferred and is required to be issued by the fire code official prior to issuance of the building permits. 11. Fire apparatus access roads shall be approved by the fire code official, installed and maintained in accordance with CFC Section 503 and Appendix D. a. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction in accordance with adopted codes and standards at time of building permit application. i. Traffic calming measures (bollards, speed cushions, humps, undulations, etc.) are required to be approved by the fire code official prior to installation. 1. The existing noncompliant speed bumps (total of 4) in the fire apparatus access roadway serving this site shall be removed as a condition of this approval. ii. Should a security gate(s) be planned to serve the facility, they shall be approved by the fire code official prior to installation. 17 b. Commercial and industrial developments with buildings or facilities exceeding 30 feet or three stories in height or 62,000 square feet shall have not fewer than two means of fire apparatus access for each structure. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. c. Required Fire Department access roads shall be signed “No Parking – Fire Lane” per current Fire Department standards and California Vehicle Code (CVC) Section 22500. 12. The following are a list of submittal items that are required by the Fire Department and shall be submitted directly to the Fire Department, additional items may be called out based on subsequent reviews: a. Fire apparatus access and fire protection water supply site plan (Fire Department contact: Ian Hardage, Battalion Chief Fire Marshal at (650) 829-6645) 18 C. Water Department requirements shall be as follows: 1. The following items must be included in the plans or are requirements of the Water Quality Control Stormwater and/or Pretreatment Programs and must be completed prior to the issuance of a building permit. 2. Storm drains must be protected during construction. Discharge of any demolition/construction debris or water to the storm drain system is prohibited. 3. Do not use gravel bags for erosion control in the street or drive aisles. Drains in street must have inlet and throat protection of a material that is not susceptible to breakage from vehicular traffic. 4. No floatable bark shall be used in landscaping. Only fibrous mulch or pea gravel is allowed. 5. As site falls in a Moderate Trash Generation area per South San Francisco’s ATTACHED Trash Generation Map (http://www.flowstobay.org/content/municipal-trash-generation-maps), determined by the Water Quality Control Division: a. Regional Water Quality Control Board-approved full trash capture devices must be installed to treat the stormwater drainage from the site. b. At a minimum, a device must be installed before the onsite drainage enters the City’s public stormwater system (i.e. trash capture must take place no farther downstream than the last private stormwater drainage structure on the site). c. An Operation & Maintenance Agreement will be required to be recorded with San Mateo County, ensuring the device(s) will be properly maintained. d. A full trash capture system is any single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour storm in the sub-drainage area or designed to carry at least the same flow as the storm drain connected to the inlet. 6. Trash enclosure shall be covered (roof, canopy) and contained (wall/fence). Details of trash enclosure shall be clearly provided on plans. 7. Wherever feasible, install landscaping that minimizes irrigation runoff, promotes surface infiltration, minimizes use of pesticides and fertilizers and incorporates appropriate sustainable landscaping programs (such as Bay-Friendly Landscaping). 19 (Water Quality Control Division contact: Andrew Wemmer, Environmental Compliance Supervisor at (650) 829-3840) 20 C o lmaC reekMilagra Cr eekColma Drainage Canal LittlefieldAve7Th AveCa ll a n Bl vdWestboroug h B l v d Airport BlvdBayshoreBlvdJ u nip e r o S e rra Blvd SanMateoAveS a nBrunoAveSneathLnFleetwoodDr Linden Ave82 HickeyBlvd Mission Rd SharpParkRdAvalonDrLux Ave Ol d B a y s h o r e HwyArroyoDrH u n tin g t o n Av e 35 Sha w Rd Miller AveHillside Blvd SpruceAveChestnut AveParkWay Serram o n te B lvdWillow AveUtah Ave Oakmont Dr AltaMesaDrEucalyptusAveOlympic DrRollingwoo d Dr Evergreen DrGrand Ave SistersCitiesBlvd Holly AveO range Ave Cr e s t wo o d D r ??@35 ??@82 AnnisRd AltaLomaDr AvalonDrSerra Dr Elston Dr Camaritas Ave 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Date: March 21, 2019 Streets Creeks Parcel Boundary Freeway 21 550-4 ECCLES ECCLES AV E550-1 ECCLES 550-2 ECCLES 550-3 ECCLES TO ECCLES AVE 528 ECCLES THE WORK SHALL BE PERFORMED IN ACCORDANCE WITH APPLICABLE CODE & REGULATORY AGENCY REQUIREMENTS INCLUDING BUT NOT LIMITED TO: SAN FRANCISCO AMENDMENTS TO CBC • CA BUILDING CODE 2022 (PART 2) • CA ELECTRICAL CODE 2022 (PART 3) • CA MECHANICAL CODE 2022 (PART 4) • CA PLUMBING CODE 2022 (PART 5) • CA ENERGY CODE 2022 (PART 6) • CA FIRE CODE 2022 (PART 9) • CA REFERENCE STANDARDS CODE 2022 (PART 11) • SF GREEN BUILDING ORDINANCE • FEDERAL AMERICANS WITH DISABILITIES ACT (ADA) • TITLE ii OR TITLE iii • ADA STANDARDS FOR ACCESSIBLE DESIGN • (APPENDIX A OF 28 CFR PART 36) SUBMITTED UNDER SEPARATE PERMIT: • MECHANICAL/ TITLE 24 • PLUMBING • SIGNAGE • ELECTRICAL/ LIGHTING/ TITLE 24 • SPRINKLER/ LIFE SAFETY CLIENT: PARK PADEL / NEIL CHAINANI 550-4 ECCLES AVE CONTACT: 240-750-3395 ARCHITECT: STUDIO BBA 921 LARKIN STREET, SAN FRANCISCO, CA 94109 SAMANTHA BUCKLEY CONTACT: 415-366-8026 CONTRACTOR: NAME ADDRESS CONTACT: PHONE NUMBER NEW WINDOW OPENING WINDOW TO BE REMOVED WINDOW TO REMAIN NEW DOOR OPENING DOOR TO BE REMOVED DOOR TO REMAIN NEW WALL WALL TO BE DEMOLISHED WALL TO REMAIN 101AA AREA NOT IN CONTRACT DESCRIPTION: • CONDITIONAL USE FOR AN INDOOR SPORTS & RECREATION FACILITY • NEW BATHROOMS & SHOWERS • NEW RETAIL • NEW LED LIGHTING • NEW SKYLIGHTS • NO SQUARE FOOTAGE OR FOOTPRINT CHANGE NOTE: SIGNAGE INCLUDED FOR REFERENCE ONLY, & SUBMITTED UNDER SEPARATE PERMIT. BUILDING / WALL SECTION INTERIOR ELEVATIONS EXTERIOR ELEVATIONS DETAIL REFERENCE ENLARGED REFERENCE WINDOW TYPE REVISION DOOR NUMBER ELEVATION ABOVE DATUM SHEET NOTE KEY NOTE GRID LINES MATERIAL FINISH LEVEL CHANGE A A101 1 Ref 1Ref 1 Ref 1RefA101 1 Ref 1Ref 1 Ref1 Ref A WD 12 1'-0" A.F.F. CL 101ACENTERLINE "2 12 DIMENSIONS 2' - 1" CEILING HEIGHT PARTITION TYPE 101.A 1hr ROOM DESCRIPTIONRoom name 101 1 A0.1 2 A0.1 1 ?A 3 1 A0.1 NORTH All drawings and written material appearing constitute original and unpublished work of architect and may not be duplicated, used, or disclosed without written consent of the ©2023 Studio BBA, Inc. ISSUE MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com GENERAL NOTES PROJECT ADDRESS APN ZONING OCCUPANCY/GRP BUILDING AREA AREA OF WORK FLOOR/HEIGHT FOR AREA OF WORK BUILDING HEIGHT SPRINKLERS CONSTR. TYPE PARKING PARCEL AREA UNITS / STORIES ABBREVIATIONS SHEET SYMBOLS SHEET INDEX LEGEND PROJECT INFO CONTACT INFORMATION 1. ALL WORK SHALL CONFORM TO THE REQUIREMENTS OF LOCAL BUILDING CODES, ZONING CODES, THE NATIONAL ELEC. CODE, N.F.P.A., & ALL OTHER APPLICABLE CODES, RULES, & REGULATION IN THEIR LATEST ADOPTED EDITION. THE CONTRACTOR IS RESPONSIBLE TO ENFORCE THESE REQ'S WITH ALL SUBCONTRACTORS. 2. THE CONTRACTOR SHALL VISIT THE SITE TO BECOME FAMILIAR WITH THE PROJECT AS IT RELATES TO PLANS, SPECIFICATIONS & ALL SCOPE OF WORK. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REPORT TO THE ARCHITECT ANY ERRORS, OMISSIONS OR DISCREPANCIES THAT MAY AFFECT THE WORK. THE ARCHITECT WILL PROVIDE APPROPRIATE CLARIFICATIONS AS NECESSARY. ANY WORK THAT PROCEEDS OTHERWISE SHALL BE, IF INCORRECTLY PERFORMED, REPLACED OR REPAIRED AT THE CONTRACTOR'S EXPENSE AS DIRECTED BY THE ARCHITECT. 3. DETAILS ARE KEYED ONCE ON THE PLANS OR ELEVATIONS, & ARE TYPICAL FOR SIMILAR CONDITIONS THROUGHOUT. 4. ALL WORK SHALL BE PROPERLY PROTECTED AT ALL TIMES. THE CONTRACTOR SHALL FOLLOW ALL ACCEPTED METHODS OF SAFETY PRACTICE AS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER THE WORK. THE CONTRACTOR SHALL REPAIR AT OWN COST ANY DAMAGES TO THE PREMISES OR ADJACENT WORK CAUSED BY HIS OPERATION. 5. ALL PERMITS, INSPECTIONS, APPROVALS, ETC. SHALL BE APPLIED FOR & PAID FOR BY THE CONTRACTOR. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COORDINATION OF INSPECTIONS & APPROVALS OF THE WORK. 6. BEFORE COMMENCING WITH ANY WORK, THE CONTRACTOR SHALL SEND THE OWNER CURRENT INSURANCE CERTIFICATES IN THE AMOUNT REQUESTED BY THE OWNER FOR WORKMAN'S COMPENSATION, COMPREHENSIVE GENERAL LIABILITY, BODILY INJURY & PROPERTY DAMAGE. 7. ALL SUBCONTRACTORS SHALL SUBMIT SHOP DWGS TO THE CONTRACTOR FOR APPROVAL. THE CONTRACTOR SHALL SUBMIT ANY MATERIAL SUBSTITUTIONS TO THE ARCHITECT FOR REVIEW & APPROVAL PRIOR TO START OF CONSTRUCTION. 8. ALL THERMAL & ACOUSTIC INSULATION SHALL COMPLY WITH THE 2015 UNIFORM BUILDING CODE. 9. THE ARCHITECT SHALL HAVE ACCESS TO THE PROJECT AT ALL TIMES. ANY INFERIOR MATERIAL OR WORKMANSHIP SHALL BE REMOVED AS DIRECTED BY THE ARCHITECT, & RECONSTRUCTED TO MEET THE ARCHITECT'S APPROVAL. 10. A COPY OF THE AGENCY APPROVED CONSTRUCTION DRAWINGS SHALL BE KEPT AT THE JOB SITE AT ALL TIMES FOR REVIEW BY THE ARCHITECT. 11. THE CONTRACTOR SHALL GUARANTEE IN WRITING ALL LABOR, MATERIAL, & WORKMANSHIP INSTALLED BY HIM FOR A PERIOD OF NOT LESS THAN ONE (1) YEAR AFTER DATE OF ACCEPTANCE OF THE WORK BY THE OWNER. SHOULD DEFECTS OCCUR, ALL WORK SHALL BE REPLACED OR PROPERLY REPAIRED AT NO COST TO THE OWNER. 12. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING A CLEAN & ORDERLY WORK AREA AT ALL TIMES & PROMPTLY CLEAN UNKEMPT AREAS WHEN DIRECTED BY THE OWNER OR THE ARCHITECT. 13. ALL FURNITURE IS SHOWN FOR REFERENCE ONLY, U.N.O. 14. COORDINATE THE TRADES, CRAFTS, & SUBCONTRACTS AS REQUIRED TO PROVIDE CORRECT & ACCURATE CONNECTION OF ABUTTING, ADJOINING, OVERLAPPING & RELATED WORK. PROVIDE ANCHORS, FASTENERS, BLOCKING, ACCESSORIES, APPURTENANCES, CAULKING & SEALING & INCIDENTAL ITEMS AS REQUIRED TO COMPLETE THE WORK PROPERLY, FULLY, & CORRECTLY IN ACCORDANCE WITH CONTRACT DOCUMENTS. 15. THE CONTRACTOR SHALL BE IN CHARGE OF THIS CONTRACT WITHIN THE LIMITS OF THE SITE & ACCESS TO & FROM THE SITE. THE CONTRACTOR SHALL DIRECT, SCHEDULE & MONITOR THE WORK. FINAL RESPONSIBILITY FOR PERFORMANCE, INTERFACE & COMPLETION OF THE WORK & THE PROJECT SHALL BE THE CONTRACTOR'S. 16. ALL MATERIALS & FINISHES USED ON THE PROJECT SHALL BE NEW & FREE OF DEFECTS OR DAMAGE, U.N.O. 17. ITEMS OF EQUIPMENT, FIXTURES, SIZE, CAPACITY, MODEL, STYLE & MATERIALS NOT DEFINITELY SPECIFIED HEREIN OR INDICATED ON THE DRAWINGS, BUT NECESSARY FOR THE COMPLETION OF THE WORK, SHALL BE PROVIDED. SUCH ITEMS SHALL MEET APPLICABLE CODE REQUIREMENTS & BE THE TYPE & QUALITY SUITABLE FOR THE SERVICE REQUIRED & COMPARABLE TO ADJACENT OR SIMILAR ITEMS IN THE PROJECT. WHERE THESE & VISIBLE IN THE FINAL WORK, OBTAIN ARCHITECT'S APPROVAL BEFORE PROCEEDING WITH THE WORK. 18. DIMENSIONING STANDARDS: • HORIZONTAL DIMENSIONS ARE SHOWN FROM FACE OF WALL & DO NOT INCLUDE FINISH MATERIALS, U.N.O. • DIMENSIONS NOTED AS CLEAR OR "CLR" MUST BE PRECISELY MAINTAINED & SHALL INCLUDE APPLIED FINISH MATERIALS. • DIMENSIONS ARE NOT ADJUSTABLE WITHOUT ACCEPTANCE BY THE ARCHITECT, UNLESS NOTED AS +/-. • VERTICAL DIMS. ARE FROM THE TOP OF THE FINISHED FLOOR SLAB DATUM LINE, ESTABLISHED BY CONTRACTOR SUBJECT TO ACCEPTANCE OF THE OWNER & ARCHITECT, U.N.O. • DIMENSIONS MARKED AS "A.F.F." ARE ABOVE FINISHED FLOOR MATERIALS. IN CARPETED AREAS, THE TOP OF SLAB IS CONSIDERED TO BE THE FINISHED FLOOR. • DO NOT SCALE DRAWINGS, IF DIMENSIONS, LAYOUT, OR ITEMS OF WORK CANNOT BE LOCATED, DO NOT PROCEED WITH WORK WITHOUT THE CLARIFICATION & CONSENT OF THE ARCHITECT. 23. THE CONTRACTOR IS RESPONSIBLE FOR COOPERATING & COORDINATING WITH OTHERS AS IT EFFECTS THE PROJECT. 24. DRAWINGS & SPECIFICATIONS ARE INTENDED FOR ASSISTANCE & GUIDANCE, BUT EXACT DIMENSIONS & CLEARANCES SHALL BE VERIFIED BY THE CONTRACTOR. CHECK LEVELS & LINES INDICATED BEFORE COMMENCING WORK. THE ARCHITECT SHOULD BE NOTIFIED OF ANY DISCREPANCIES FOR ADJUSTMENTS, CORRECTIONS OR CLARIFICATIONS. 25. INSTALL WORK PLUMB, LEVEL, SQUARE, TRUE & IN PROPER ALIGNMENT. PERFORM ALL THE WORK IN A WORKMANLIKE & WELL MANNER. 26. DO NOT SUBSTITUTE, REVISE, OR CHANGE THE WORK WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. 27. THE CONTRACTOR SHALL PROVIDE SOLID BLOCKING FOR ALL WALL & CEILING MOUNTED ACCESSORIES & HARDWARE. 28. THE CONTRACTOR SHALL PROVIDE SUBMITTALS FOR LIGHTING, PLUMBING, TILE, & STONE TO THE ARCHITECT FOR REVIEW & APPROVAL. # - NUMBER OR POUND & - AND (E) - EXISTING @ - AT +/- - PLUS OR MINUS < - LESS THAN > - GREATER THAN AB - ANCHOR BOLT ABV - ABOVE AC - ASPHALTED CONC ACT - ACOUSTICAL CLG TILE AD - AREA DRAIN ADD - ADDENDUM ADDL - ADDITIONAL ADJ - ADJUSTABLE ADJ - ADJACENT ADMIN - ADMINISTRATION AFF - ABOVE FINISH FLOOR ALT - ALTERNATE ALUM - ALUMINUM AMEND - AMENDMENT AP - ACCESS PANEL APROX - APPROXIMATE ARCH - ARCHITECT AUTO - AUTOMATIC BFE - BOTTOM FTG ELEV BIT - BITUMINOUS BLDG - BUILDING BLKG - BLOCKING BLW - BELOW BM - BEAM BO - BY OWNER BOT - BOTTOM BSMT - BASEMENT BTWN - BETWEEN CAB - CABINET CANTL - CANTILEVER CCTV - CLOSED CIRCUIT TV CJT - CONTROL JOINT CL - CENTER LINE CLG - CEILING CLR - CLEAR CO - CASED OPENING COL - COLUMN CONC - CONCRETE CONF - CONFERENCE CONST - CONSTRUCTION CONT - CONTINUOUS CONTR - CONTRACT/OR COORD - COORDINATE CPT - CARPET CT - CERAMIC TILE CTR - CENTER CTSK - COUNTERSUNK/SINK CW - COLD WATER D - DEPTH OR DEEP DEG - DEGREE(S) DEMO - DEMOLITION DEPT - DEPARTMENT DF - DRINKING FOUNTAIN DIA - DIAMETER DIAG - DIAGONAL DIM - DIMENSION DIST - DISTRIBUTION DN - DOWN DR - DOOR DS - DOWNSPOUT DW - DISHWASHER DWG - DRAWING EA - EACH EJ - EXPANSION JOINT ELEC - ELECTRICAL ELEV - ELEVATION EMERG - EMERGENCY EQ - EQUAL EQUIP - EQUIPMENT EXT - EXTERIOR FA - FIRE ALARM FD - FLOOR DRAIN FDN - FOUNDATION FE - FIRE EXTINGUISHER FH - FIRE HOSE FIN - FINISH FIXT - FIXTURE FL - FLOOR FLASH - FLASHING FRMG - FRAMING FRN - FURNACE FT - FOOT/FEET FTG - FOOTING FURN - FURNITURE FURR - FURRING GA - GAUGE GAL - GALLONS GALV - GALVANIZED GB - GRAB BAR GEN - GENERAL GL - GLASS GWB - GYPSUM WALLBOARD H - HIGH HB - HOSE BIB HC - HOLLOW CORE HDR - HEADER HDW - HARDWARE HM - HOLLOW METAL HORIZ - HORIZONTAL HR - HANDRAIL HT - HEIGHT HTR - HEATER HVAC - HEATING/VENTILATING HW - HOT WATER HWD - HARDWOOD ID - INSIDE DIAMETER IN - INCH INSUL - INSULATION INT - INTERIOR ISO - ISOLATION JAN - JANITOR JB - JUNCTION BOX JST - JOIST JT - JOINT LAV - LAVATORY LBS - POUNDS (WEIGHT) LIN - LINEAR LOC - LOCATION OR LOCATE LT - LIGHT LTG - LIGHTING MAN - MANUAL MATL - MATERIAL MAX - MAXIMUM MECH - MECHANICAL MEMB - MEMBRANE MEZZ - MEZZANINE MFR - MANUFACTURER MIN - MINIMUM MIR - MIRROR MISC - MISCELLANEOUS MONO - MONOLITHIC MTD - MOUNTED MTL - METAL MULL - MULLION NA - NOT APPLICABLE NIC - NOT IN CONTRACT NO - NUMBER NOM - NOMINAL NRC - NOISE REDUCTION COEF. NT - NOTE NTS - NOT TO SCALE OC - ON CENTER OD - OUTSIDE DIAMETER OH - OVERHEAD OPP - OPPOSITE PART - PARTITION PED - PEDESTAL PL - PROPERTY LINE PLAM - PLASTIC LAMINATE PLT - PLATE PLWD - PLYWOOD PRELIM - PRELIMINARY PRESS - PRESSURE PT - PAINT PVC - POLYVINYL CHLORIDE R - RADIUS REC - RECESSED REF - REFERENCE REFR - REFRIGERATOR REINF - REINFORCE/ - ED/ - ING REM - REMOVE REQD - REQUIRED RET - RETAINING REV - REVISE/ REVISION RH - ROOF HATCH RM - ROOM RO - ROUGH OPENING RS - RISER RWL - RAIN WATER LEADER SCHED - SCHEDULE SD - SHOWER DRAIN SECT - SECTION SF - SQUARE FOOT SHT - SHEET SHTG - SHEATHING SHWR - SHOWER SIM - SIMILAR SLNT - SEALANT SPEC - SPECIFICATIONS SQ - SQUARE SS - STAINLESS STEEL ST - STREET STC - SOUND TRANSMISSION STD - STANDARD STL - STEEL STN - STONE STOR - STORAGE STRUCT - STRUCTURAL SUPV - SUPERVISOR SUSP - SUSPENDED SW - SWITCH SWD - SOFTWOOD SYM - SYMMETRICAL TAN - TANGENT TEL - TELEPHONE TEMP - TEMPERATURE TG - TONGUE & GROOVE THRES - THRESHOLD TR - TREAD TRANS - TRANSFORMER TV - TELEVISION TYP - TYPICAL UNO - UNLESS NOTED OTHERWISE UTIL - UTILITY VENT - VENTILATION VERT - VERTICAL VEST - VESTIBULE W - WIDTH/WIDE WI - WROUGHT IRON W/ - WITH W/O - WITHOUT WC - WATER CLOSET WD - WOOD WH - WATER HEATER WIN - WINDOW WT - WEIGHT YD - YARD VICINITY MAP APPLICABLE CODES SCOPE OF WORK PROJECT NUMBER CONTACT OWNER APN YEAR BUILT C:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:03 AM2023-10-03 Planning Application A0.0 Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 550-4 Eccles Ave, South SF CA 94080 +/- 26,000 SF +/- 26,000 SF BTP-H ASSEMBLY: A-3 & B 015082130 +/- 151,000 SF 1 UNIT / 1 STORY 1 FLOOR WITH +/- 30'-8"H CEILING +/- 32'-0" YES TYPE III-B YES, EXISTING Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 INDEX/NOTES/SCOPE OF WORK SHEET #SHEET NAME ISSUED A0.0 INDEX/NOTES/SCOPE OF WORK Planning Application A0.1 ACCESSIBILITY CHECKLISTS, TYP. MOUNTING HEIGHTS & DETAILS Planning Application A0.3 TYP. TOILET RM. MOUNTING HEIGHTS & STALL CONFIGURATION DIAGRAMS Planning Application A1.1 EXISTING / DEMO SITE PLAN Planning Application A1.2 PROPOSED SITE PLAN Planning Application A1.3 EXISTING / DEMOLITION FLOOR PLAN Planning Application A2.1 PROPOSED FLOOR PLAN Planning Application A3.1 REFLECTED CEILING PLAN Planning Application A4.1 EXISTING EXTERIOR ELEVATIONS Planning Application A4.2 PROPOSED EXTERIOR ELEVATIONS Planning Application 1" = 60'-0"1 CONTEXT PLAN ARCHITECTURAL SHEET INDEX N2023-10-03 Planning Application 2023-09-06 Pricing Set 22 MANUAL FIRE ALARM PULL STATION LIGHT SWITCH & DIMMER DUPLEX OUTLET (LOW) DUPLEX OUTLET (HIGH) PHONE/DAT A OUTLET THERMOSTAT SWITCH AT DOOR OR CASED OPENING AUDIBLE AND/OR VISUAL FIRE ALARM SECURITY STROBE LIGHT (BLUE LIGHT) FIREMAN'S TELEPHONE JACK REQUIRED SIGNAGE AT MEN'S TOILET ENTRY DOOR REQUIRED SIGNAGE AT WOMEN'S TOILET ENTRY DOOR REQUIRED SIGNAGE AT UNISEX TOILET ENTRY DOOR FEC OR FHV CABINET COAT HOOKS (WALL-MTD) COAT HOOK (DOOR-MTD) CHALKBOARD, TACKBOARD, OR DRY MARKER BOARD (REF, ELEVATIONS FOR DESIGN INTENT) WALL-MOUNTED EXIT SIGN AT EXIT DOOR CEILING LINE EMERGENC Y STROBE OR LIGHT RACEWAY EXIT EXITTO CONTROLS48" MAX. HIGH REACHTO CONTROLS36" MIN.15" MIN LOW REACH1' - 6"8" TYP.TOP OF BOX4' - 0"7' - 2"7' - 2"7' - 2"EQ EQ 12"4' - 6 3/4"5' - 0"EQ EQ 12"5' - 0"EQ EQ 12"5' - 0"3' - 6"6"5' - 9"4' - 0"EQ EQ 6' - 0"7' - 2"TACTILE EXIT SIGN, REF TO TO NOTE 7 4"EQ EQ 1' - 0" OR GREATERMOUNT ON STRIKE SIDEALIGN WITH TOP OF ADJACENT FRAMEWHEN DIM ABOVE DOOR HEAD < 12"IS 12" OR GREATERLOCATE 2" ABOVE DOOR FRAMEWHEN DIM ABOVE DOOR HEADDUPLEX OUTLET ABOVE COUNTER3' - 8"WALL-MTD TELEPHONE OUTLET CARD READER, LOCAL ALARM, OR ARMING STATION3' - 6"TO CONTROLS48" MAX. HIGH REACHTO CONTROLS36" MIN.15" MIN. LOW REACHBASE AS SCHEDULED, TYP. CL CL CL CL CLCLCL 12"A - DOOR PLAN - APPROACH CLEARANCES B - THRESHOLD PROFILE 3" = 1'-0" GENERAL HARDWARE NOTES: 1. ALL DOORS SHALL COMPLY WITH UBC 1004, CBC 1133B.7, INCLUDING BUT NOT LIMITED TO: - NEW INTERIOR DOORS SHALL HAVE MAXIMUM OPENING FORCE OF 5 POUNDS - NEW EXTERIOR DOORS SHALL HAVE MAXIMUM OPENING FORCE OF 5 POUNDS AT EXTERIOR DOORS, AND 15 POUNDS AT FIRE RATED DOORS. - NO THRESHOLD SHALL BE MORE THAN 1/2 INCHES IN HEIGHT ABOVE SURROUNDING FLOOR/ LANDING., W/ MAX BEVEL OF 1:2 - ALL EXITS SHALL BE OPENABLE FROM THE INSIDE WITHOUT THE USE OF A KEY, SPECIAL KNOWLEDGE OR EFFORT. - ALL DOORS TO BE EQUIPED WITH SINGLE-EFFORT, NON-GRASP HARDWARE CENTERED BETWEEN 30" AND 44" AFF. 2. CONTRACTOR TO VERIFY HARDWARE REQUIREMENTS WITH UNIVERSITY PRIOR TO ORDERING HARDWARE. DOOR MAX BEVEL 1:2 1/4" MAX1/2" MAXPROVIDE IF DOOR HAS CLOSER AND LATCH 12" CLEAR MIN FLAT AND CLEAR LANDING48" CLEAR MINFLAT AND CLEAR LANDING INCREAS E TO 24" AT EXTERIOR DOORS 18" CLEAR MIN > 8"60" MIN. CLR.REST ROOM NOTE 1: COLOR & CONTRAST OF GEOMETRIC SYMBOLS SHALL BE DIFFERENT FROM COLOR & CONTRAST OF THE DOOR. WHITE FIGURE ON GREY BACKGROUND NOTE 2: AT EXTERIOR, SIGNS SHALL BE ATTACHED W/ (3 ) VANDAL-RESISTANT SCREWS, MIN. (4 @ RECTANGULAR SIGN) NOTE 3: ARCHITECT TO SPECIFY SIGN DESIGN AND SIZE KICK, HOP AND ARMOR PLATES, UNLESS OTHERWISE SPECIFIED, SHALL EXTEND TO WITHIN 1/4" FROM THE BOTTOM OF THE DOOR AND THEIR HORIZONTAL LENGTH SHALL BE AS FOLLOWS: ON SINGLE DOORS; NOMINAL DOOR WIDTH LESS THAN 2" ON THE PUSH SIDE AND NOMINAL DOOR LESS 1" ON THE PULL SIDE, ON DOORS OF PAIRS; NOMINAL DOOR WIDTH LESS 1" ON EACH SIDE. SILENCERS ON SINGLE DOOR FRAMES SHALL BE PLACED OPPOSITE THE HINGES AND ON DOUBLE DOOR FRAMES SHALL BE LOCATED 6" EACH SIDE OF THE CENTER OF THE HEADSTOP. FINISH FLOOR LEVEL IS DEFINED AS THE TOP SURFACE OF THE FINISH FLOORING MATERIAL. FINISH FLOOR LEVEL HINGE HINGE COAT HOOK FRAME HEAD RABBET CL KNOB ON LOCKLATCH BAR ON PANIC EXIT DEVICE WOMEN'SORMEN'S HINGE LOCATIONS: THE HINGE LOCATIONS SHOWN ARE FOR DOOR SCHEDULE TO RECEIVE FOUR HINGES. AT DOORS SCHED'D TO RECEIVE THREE HINGES, THE TOP AND BOTTOM HINGES SHALL BE LOCATED AS SHOWN, WITH THE INTERMEDIATE HINGE BEING EQUALLY SPACED BETWEEN THEM DEADLOCK LOCATIONS: W/ PUSH PLATES, LOCATION SHOWN IS NOT MANDATORY, USE A 48" DIMENSION WHEN A DEADBOLT IS USED WITH PUSH-PULL PLATES. EQUILATERAL TRIANGLE INSIDE 12" DIA CIRCLE 1/4" THICK W/ INTERATIONAL SYMBOL OF ACCESSIBILITY 6" H RAISED WHEELCHAIR LOGO 3/8" - 1/2" NTS1" RAISED LETTERS GRADE #2 BRAILLE PERMANENT ROOM SIGN W/ BRAILLE TEXT TO MATCH ROOM USE PER T-24 CH. 11 60" NTS9" NTS4" NTS12" NTSEQ EQ 10"EQ.EQ.EQ.5"10"3' - 2"3' - 6"3' - 9"3' - 11"MIN KICKPLATE AREA CL NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:04 AMA0.1 ACCESSIBILITY CHECKLISTS, TYP. MOUNTING HEIGHTS & DETAILS Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 D.A. CHECKLIST TYPICAL MOUNTING HEIGHTS AND CLEARANCES 1/2" = 1'-0"2 REQ'D LAYOUT - DOOR APPROACH, THRESHOLD, & HARDWARE NOTES 1/2" = 1'-0"1 REQ'D LAYOUT - DOOR SIGNAGE AND HARDWARE 2023-10-03 Planning Application 2023-09-06 Pricing Set 23 FLOOR GROSS SQFT FACTOR DOOR XX * (.2) LOAD * (FACTOR) WIDTH REQUIRED PER TABLE 422.1 - MINIMUM PLUMBING FACILITIES TOTAL OCCUPANTS= 293 294 / 2 = 148 (148 MALE : 148 FEMALE) MEN WOMEN WC URINAL LAV 2 WC URINAL LAV xxx DOOR CODE REVIEW OCCUPANCY # OCC. TOTAL - - xxx xxx xxx EXIT WIDTH 1 2 WIDTH PROVIDED XX * (.2) XX"xx" XX" xx" PLUMBING FIXTURES TOTAL OCCUPANTS TOTAL REQUIRED FIXTURES 2 1 4 - 2 TOTAL PROVIDED FIXTURES MEN WOMEN 2 2 - 2 LEGEND REMAINING GROSS 2 3 DOOR2 XX * (.2) XX" xx" xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx ALL GENDER - 1 1 ALL GENDER - - - 372.53 SF RETAIL 1 /60 OCC. 2183.13 SF COURT 1 11 6 / Court OCC. 2180.18 SF COURT 2 12 6 / Court OCC.2177.05 SF COURT 4 14 6 / Court OCC. 2160.36 SF COURT 3 13 6 / Court OCC. 2182.14 SF COURT 5 15 6 / Court OCC. 2184.16 SF COURT 6 16 6 / Court OCC. 225.29 SF OFFICE 2 /150 OCC.CLR AISLE44" MIN/2' x 3 = 36 OCC 24' - 0" 135'-8" = 1/2 MAX DIAGONAL 234' - 0" = EXIT SEPARATION PROVIDED 2 71 ' - 1 1 " = M A X D IA G ON A L 1219.41 SF WARM-UP 19 /50 OCC. 1070.71 SF EXHIBIT 17 /15 OCC. 861.45 SF LOUNGE 1 3 /15 OCC. 141.53 SF EXIT CORRIDOR 10 1506.60 SF STORAGE 9 /300 OCC. 238.03 SF STOR 8 /300 OCC. 363.59 SF MEN'S 6 /50 OCC. 81.27 SF JAN 4 /300 OCC.82.96 SF AG W/C 7 377.61 SF WOMEN'S 5 /50 OCC. 3777.22 SF CIRCULATION 20 /300 OCC. CIRCULATION 20 1274.69 SF GROUP CLASS 18 /50 OCC. 257.65 SF BIKE STOR 21 /300 OCC. ROOM NUMBER ROOM NAME SF EXIT DESIGNATION OCC.24 EXIT ACCESS EXIT SIGN, DIRECTION ST STROBE -VISUAL ALARM @ __" A.F.F. FIRE EXTINGUISHER CABINET OCC.0 0 FEC /30 = 5 Room name 101 150 SF COMMON PATH OF TRAVEL MAX TRAVEL DISTANCE DISTANCE TO PUBLIC RIGHT OF WAY /LOAD FACTOR = OCCUPANCY EXIT DOOR NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:07 AMA0.2 EGRESS DIAGRAM & CODE REVIEW Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 1/16" = 1'-0"2 ACCESSIBILITY PLAN - LEVEL 1 N2023-10-03 Planning Application 2023-09-06 Pricing Set OCCUPANCY Number Name Occupant Load Area Occupancy Occ. 1 RETAIL MERCANTILE 372.53 SF /60 6.22 2 OFFICE BUISNESS 225.29 SF /150 1.51 3 LOUNGE 1 ASSEMBLY - UNCONCENTRATED 861.45 SF /15 57.47 4 JAN ACC STOR 81.27 SF /300 0.27 5 WOMEN'S LOCKER ROOMS 377.61 SF /50 7.56 6 MEN'S LOCKER ROOMS 363.59 SF /50 7.28 7 AG W/C RESTROOM 82.96 SF 8 STOR ACC STOR 238.03 SF /300 0.8 9 STORAGE ACC STOR 1506.60 SF /300 5.02 10 EXIT CORRIDOR CIRCULATION 141.53 SF 11 COURT 1 COURT 2183.13 SF 6 / Court 6 12 COURT 2 COURT 2180.18 SF 6 / Court 5.99 13 COURT 3 COURT 2160.36 SF 6 / Court 5.94 14 COURT 4 COURT 2177.05 SF 6 / Court 5.98 15 COURT 5 COURT 2182.14 SF 6 / Court 6 16 COURT 6 COURT 2184.16 SF 6 / Court 6 17 EXHIBIT ASSEMBLY - EXHIBIT GALLERY 1070.71 SF /15 71.4 18 GROUP CLASS EXERCISE ROOMS 1274.69 SF /50 25.5 19 WARM-UP EXERCISE ROOMS 1219.41 SF /50 24.4 20 CIRCULATION CIRCULATION 3777.22 SF /300 12.59 21 BIKE STOR ACC STOR 257.65 SF /300 0.86 SUBTOTAL: 293 OCC +36 @ BUILT-IN SEATING 107.4 24 NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:12 AMA0.50 REFERENCE DWGS -528 ECCLES SITE PLAN Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 2023-10-03 Planning ApplicationFOR REFERENCE ONLY25 ADJACENT TENANT ADJACENT TENANT TO ECCLES AVE RIDGE LINE+/- 3/8" / 1'-0"+/- 1/2" / 1'-0"DISTANCE TO PROPERTY LINE 9"5' - 10"15' - 11"62' - 6"REQUIRED REAR SETBACK = 0'-0"DISTANCE TO ADJ. BLDG (E) FIRE HYDRANT PLANTING PLANTING PLANTING PLANTING PLANTING LOADING BAY 1 LOADING BAY 2 LOADING BAY 3 LOADING BAY 4 PLANTING DEMISING WALL ASPHALT, TYP CONCRETE LANDING, FLUSH W/ ASHPALT, 8" STEP AT GUARDRAIL CONCRETE RAMP ASPHALT, TYP NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:13 AMA1.1 EXISTING / DEMO SITE PLAN Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 N32'10'0 1' 21' 2023-10-03 Planning Application 2023-09-06 Pricing Set 3/32" = 1'-0"1 EXISTING & DEMO SITE / ROOF PLAN 26 XFMRA4.1 1 A4.1 2 A6.11 2 1 3 A B C D E F G H I J K 2 3 4 A6.1 5 ADJACENT TENANT ADJACENT TENANT TO ECCLES AVE DEMO ROOF BETWEEN (E) FRAMING FOR SKYLIGHTS, TYP 16 ROYALITE SOLAR OPERABLE ACRYLIC DOME BETWEEN (E) FRAMING W/ (N) CURB, TYP 6 ROYALITE SOLAR OPERABLE ACRYLIC DOME BETWEEN (E) FRAMING W/ (N) CURB, TYP 16 RIDGE LINE+/- 3/8" / 1'-0"+/- 1/2" / 1'-0"A4.23 A4.2 1 A4.2 4 A6.16 8' - 6"8' - 6"9' - 6"5' - 8"9' - 0"7' - 0"9' - 0"9' - 0" DEMISING WALL NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:14 AMA1.2 PROPOSED SITE PLAN Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 N32'10'0 1' 21' 2023-10-03 Planning Application 2023-09-06 Pricing Set 3/32" = 1'-0"1 PROPOSED SITE / ROOF PLAN 27 XFMR2 1 3 A B C D E F G H I J K EXISTING 14'H ROLL-UP DOORS TO REMAIN EPEP DEMO GYP COLUMN SURROUND, TYP (E) CONC. DEMISING WALL DEMO (E) OFFICES PARTIALLY DEMO FOR NEW OPENING REMOVE & SAVE DOOR/FRAME FOR RE-INSTALL (E) 10'H ROLL-UP DOORS TO REMAIN (E) CONC. FRAMING ABV, TYP; NO WORK (E) CONC. FRAMING ABV, TYP; NO WORK (E) CONC. FRAMING ABV, TYP; NO WORK NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:14 AMA1.3 EXISTING / DEMOLITION FLOOR PLAN Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 N32'10'0 1' 21' 2023-10-03 Planning Application 2023-09-06 Pricing Set 3/32" = 1'-0"1 EXISTING / DEMO FLOOR PLAN - LEVEL 1 28 XFMRD2 -EXISTING ROLLING OVERHEAD GARAGE DOOR9' - 6"1' - 6"11' - 2" D3 -EXISTING EXTERIOR SWING 3"3' - 0"3"3"6' - 8"D1 -INTERIOR SWING 3"3' - 0"3"3"6' - 8"A 2-HR (E) 2-HR FIRE RATED PARTITION PARTITION ACOUSTICS NOTE: FOR WALLS SEPARATING BATHROOMS OR KITCHEN AREAS FROM PUBLIC AREAS PROVIDE THE FOLLOWING ACOUSTIC DETAILING: • FOLLOW 3/A7.1 FOR ALL PENETRATIONS • ISOLATE HARD DUCT PENETRATIONS THROUGH WALLS WITH OFFSET, MIN 36: LENGTH OF FLEX DUCT, OR INTERNALLY INSULATED DUCT • ISOLATE RETURN GRILLS BY MIN 36" OFFSET, OR ACOUSTIC HOOD • PROVIDE BACKING & NON COMBUSTIBLE MATERIALS PER KITCHEN DRAWINGS A4.1 1 A4.1 2 2 1 3 A B C D E F G H I J K 3"24' - 6"25' - 0"25' - 0"25' - 0"25' - 0"25' - 0"25' - 0 1/2"26' - 0 1/2"26' - 1"25' - 2" 251' - 11 1/2"3"44' - 9"5' - 6 1/2"51' - 1"4' - 11"106' - 6"BAF ABV BAF ABV, TYP (3)4' - 8"6' - 1"5' - 4 1/2"1" 5' - 0"6' - 4"1/2"ADJACENT BUILDING ADJACENT BUILDING 2-TIER PLATFORM SEATING @ +/-18" & 32"CC-1 CC-1 CC-1 CC-1 CONVIENCE POWER AT COLUMNS ON GRIDLINE 2, TYP 8 TEAM STORAGE STATIONS W/ POWER, TYP (3); +/-5'Wx42"Hx24"D +/-10'-0" FRONT DESK W/ P-LAM LOW BENCH POS +/-12' LINEAR FACE OUT RETAIL SHELVING EXISTING +/-10'Wx14'H ROLL-UP DOORS TO REMAIN; OPT TO ADD STOREFRONT SYSTEM A4.23 A4.2 1 A4.2 4 COURTS BY OWNER, TYP (6) +/-1 1/2" BTWN CORNER SUPPORTS, TYP 12' - 0"(E) TRANSFORMER (E) EP FURN. BY OWNER, TYP. 24' - 0"5' - 0"0106 05 07 7 +/-10'-0" LOWER CABS & SINK, W/ WHITE FACED BIRCH PLY SHELF & CONCEALED BRACKETS; TILED BACKSPLASH5' - 8"3' - 0"5' - 3" INFILL (E) DOOR NEW EXIT CORRIDOR; RELOCATE & REUSE (E) DOOR #06 09 (E) DEMISING WALL 5' - 0"1506.60 SF STORAGE 9 FENCED OFF STORAGE W/ SLIDING GATES 9' - 7"81.27 SF JAN 4 T-2 363.59 SF MEN'S 6 T-2 T-2 377.61 SF WOMEN'S 53' - 6"238.03 SF STOR 8 82.96 SF AG W/C 7 0304 02225.29 SF OFFICE 2 10' - 2"22' - 8"372.53 SF RETAIL 1 COURT 1 COURT 2COURT 4COURT 6 COURT 3COURT 5 EXPOSE (E) CONC. FLOOR, PATCH & SEAL 10' - 0"4' - 0"COUNTERTOP WATER STATION W/ DRIP PAN & POWER CC-12' - 0"3' - 0"861.45 SF LOUNGE 1 3 /15 OCC. 1070.71 SF EXHIBIT 17 /15 OCC.1219.41 SF WARM-UP 19 /50 OCC.1274.69 SF GROUP CLASS 18 /50 OCC. 257.65 SF BIKE STOR 21 BIKE RACKS, TYP (2)NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:17 AMA2.1 PROPOSED FLOOR PLAN Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 N32'10'0 1' 21' DOOR SCHEDULE MARK F-R HEIGHT WIDTH FRAME TYPE FRAME MAT. FRAME FIN. DOOR MAT. DOOR FIN. TH. KEY TYPE NOTES 01 7' - 0" 3' - 0" 0' - 1 3/4" 2 8' - 0" 3' - 0" 0' - 1 3/4" 02 9' - 8 1/4" 3' - 1 1/2" 2A 8' - 0" 3' - 0" 0' - 1 3/4" 2B 8' - 0" 3' - 0" 0' - 1 3/4" 03 14' - 0" 10' - 0" STL 0' - 2" 04 14' - 0" 10' - 0" STL 0' - 2" 05 7' - 0" 3' - 0" 0' - 1 3/4" 06 7' - 0" 3' - 0" 0' - 1 3/4" 7 10' - 0" 9' - 0" STL 0' - 2" 07 10' - 0" 9' - 0" STL 0' - 2" 8 8' - 0" 3' - 0" 0' - 1 3/4" 09 7' - 0" 3' - 0" 0' - 1 3/4" 10 6' - 0" 5' - 0" 0' - 1 3/8" 15 6' - 0" 5' - 0" 0' - 1 3/8" 17 8' - 0" 3' - 10" 0' - 1 3/4" 23 8' - 0" 3' - 0" 0' - 1 3/4" 24 8' - 0" 2' - 8" 31 8' - 0" 2' - 8" 33 8' - 0" 3' - 0" 0' - 1 3/4" 34 8' - 0" 3' - 0" 0' - 1 3/4" 35 8' - 0" 3' - 0" 0' - 1 3/4" 36 8' - 0" 3' - 0" 0' - 1 3/4" 37 8' - 0" 3' - 0" 0' - 1 3/4" G1 6' - 0" 5' - 0" 0' - 1 3/8" G2 6' - 0" 5' - 0" 0' - 1 3/8" G3 6' - 0" 5' - 0" 0' - 1 3/8" DOOR TYPES PARTITION SCHEDULE 2023-10-03 Planning Application 2023-09-06 Pricing Set 3/32" = 1'-0"2 FLOOR PLAN - LEVEL 1 29 CH S/CO KP D S DBDP-X VSP A THERMOSTAT SUPPLY AIR RETURN AIR EXHAUST FAN TELEPHONE CABLE / SATELLITE DATA SWITCH DIMMER OCCUPANCY / VACANCY SENSOR SMOKE / CARBON MONOXIDE DETECTOR DOOR CHIME DOOR BELL CEILING / WALL MOUNTED SPEAKER VOLUME CONTROLS LIGHTING CONTROL PANEL CEILING RECESSED LIGHT FIXTURE CEILING MOUNTED LIGHT FIXTURE WALL MOUNTED LIGHT FIXTURE UNDERCABINET LIGHT FIXTURE CELING MOUNTED TRACK AND LIGHT FIXTURELANDSCAPE LIGHT FIXTURE LIGHTING CONTROL KEYPAD FLOOR RECEPTACLE WALL RECEPTACLE A ALARM KEYPAD A4.1 1 A4.1 2 A6.11 2 1 3 A B C D E F G H I J K 2 3 4 A6.1 5 4' - 10"8' - 0"8' - 0"16' - 0"10' - 1 1/2" C C C C C C TRACK LIGHTING, TYP8' - 0"30' - 0" TRACK LIGHTING, TYP ROYALITE SOLAR OPERABLE ACRYLIC DOME SKYLIGHTS, TYP (6) ROYALITE SOLAR OPERABLE ACRYLIC DOME SKYLIGHTS, TYP (6) BAF, 10' DIAMETER; TYP (3) F1F1F1 OFFICE 2 (E) 2'X2' ACT CEILING & LIGHTING TO REMAIN A4.23 A4.2 1 A4.2 4 A6.16 ALT #3 - ADD ACOUSTICAL SURFACES ECHO ELIMINATOR 2" NATURAL; MNT'D BTWN (E) FRAMING, 75% OF CEILING E1 E1E1E1 E1E1E1 E1 E1 E1E1 E1 E1 E1E1 E1 E1 E1 E1 E1 E1 E1 E1 E1E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1 E1E1E1E1E1E1 E1 E1 E1 E1 E1E1 E1 L1 ? D2 D2 D2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 4' - 11"NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:21 AMA3.1 REFLECTED CEILING PLAN Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 1. LIGHTING TO COMPLY WITH TITLE 24, NOTIFY ARCHITECT OF ANY CONFLICTS PRIOR TO PROCUREMENT AND INSTALLATION. 2. ALL FIXTURES TO BE ON DIMMERS. 3. ALL FIXTURES / SWITCHES LISTED TO BE PROVIDED BY CONTRACTOR UNLESS NOTED "FOIC" (FURNISHED BY OWNER INSTALLED BY CONTRACTOR) 4. ELECTRICIAN TO VERIFY MINIMUM SPACING OF CONVENIENCE OUTLETS. 5. ELECTRICIAN TO VERIFY VOLTAGES / COMPATIBILITY OF ALL SWITCHES AND FIXTURES. 6. ELECTRICIAN TO VERIFY ADEQUATE MOUNTING SPACE PER PRODUCT INFORMATION. 7. CENTER ALL THERMOSTATS 12" ABOVE LIGHT SWITCH WHERE APPLICABLE. 8. KITCHEN LIGHTING: AT LEAST 50% HIGH EFFICACY BY WATTAGE. LIGHTING FIXTURE SCHEDULE MARK TYPE Count MANUFACTURER DESCRIPTION MODEL FINISH/COLO R LAMP WATTAGE COMMENTS 13 <varies> <varies> <varies> D2 3 Tech Lighting Bodiam 30 Suspension LED 99 W DECORATIVE FIXTURE, TBD D10 3 Ceiling Mounted Recessed Can Waterproof BATHROOM E1 106 Existing Linear Lighting TBC 40 W L1 4 Zaniboni direct Track (alts acceptable) Track Lighting T-12 40 W TRACK LIGHTING L2 12 Egress Linear Light T-8 8 W SURFACE MOUNTED @ UNDER SIDE OF CONC BEAMS. EMERGENCY POWER FOR EGRESS L3 2 Surface Mounted LED Tape in Channel w/ Louver T-8 8 W @ COLLARS L4 6 Surface Mounted Cylinder 7 W ELEC. NOTES ELEC. SYMBOLS 3/32" = 1'-0"1 RCP - LEVEL1 N 32'10'0 1' 21' 9. PROVIDE SMOKE ALARMS PER 907.2.10.12. 10. PROVIDE MOTION SENSORS IN ALL BATHROOMS WHERE APPLICABLE. 11. SWITCHES TO BE LUTRON NOVA T. 12. NEWLY INSTALLED OR RELOCATED SWITCHES THAT ARE INTENDED TO BE USED BY THE OCCUPANT OF THE ROOM OR AREA WITH REGARD TO CONTROLLING LIGHTING AND RECEPTACLE OUTLETS, APPLIANCES, OR COLLING, HEATING AND VENTILATION EQUIPMENT SHALL BE NO GREATER THAN 48" ABOVE THE FLOOR OR WORKING PLATFORM TO THE TOP OF THE ELECTRICAL BOX, OR NO LESS THAN 15" ABOVE THE FLOOR OR WORKING PLATFORM TO THE BOTTOM OF THE ELECTRICAL BOX, CBC 1117B.6(5)(5.1). 2023-10-03 Planning Application 2023-09-06 Pricing Set 30 LEVEL 1 0' -0" LEVEL 2 30' -9" 21 3 ADJACENT LEASE (E) LOADING DOCK BUMPERS EXTERIOR RAMP TO ADJACENT PROPERTY TRASH ENCLOSURE BEYOND LEVEL 1 0' -0" LEVEL 2 30' -9" ABCDEFGHIJK ADJACENT TENANT; NO EXPOSED EAST FACADE LEVEL 1 0' -0" LEVEL 2 30' -9" 2 13 ADJACENT TENANT LEVEL 1 0' -0" LEVEL 2 30' -9" A B C D E F G H I J K LOADING DOCK BEYOND NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:22 AMA4.1 EXISTING EXTERIOR ELEVATIONS Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 2023-10-03 Planning Application 2023-09-06 Pricing Set 3/32" = 1'-0"3 BUILDING ELEVATION - EXISTING SOUTH FACADE 3/32" = 1'-0"2 BUILDING ELEVATION - EXISTING EAST FACADE 3/32" = 1'-0"1 BUILDING ELEVATION - EXISTING NORTH / STREET FACADE 3/32" = 1'-0"4 BUILDING ELEVATION - EXISTING WEST FACADE 31 LEVEL 1 0' -0" LEVEL 2 30' -9" 2 13 ADJACENT TENANT PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-4 PT-3 25 SF DESIGNATED AREA FOR PAINTED LOGO (E) TRASH ENCLOSURE 4' - 2"6' - 0"LEVEL 1 0' -0" LEVEL 2 30' -9" A B C D E F G H I J K STOREFRONT SYSTEM W/ AWNING WINDOWS PT-1 PT-4 PT-2 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-3 PT-3 PT-2PT-2 PT-2 PT-3 PT-3 PT-3 15' - 11"1' - 0"13' - 10"14' - 0"10' - 0"(E) LOADING DOCK BEYOND LEVEL 1 0' -0" LEVEL 2 30' -9" 21 3 PT-2 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 PT-1 ADJACENT TENANT (E) LOADING DOCK BUMPERS (E) EXTERIOR RAMP TO ADJACENT TENANT TRASH ENCLOSURE BEYOND SURFACE MOUNTED BIKE RACKS, TYP 6 NOT FOR CONSTRUCTIONAll drawings and written material appearing herein constitute original and unpublished work of the architect and may not be duplicated, used, or disclosed without written consent of the Architect. ©2022 Studio BBA, Inc. MAIL 921 Larkin Street San Francisco, CA 94109 TEL 415 241 7160 FAX 415 241 7164 WWW studio-bba.com ISSUE PROJECT NUMBER CONTACT OWNER APNC:\Users\samantha\Documents\202305-PARK PADEL-Central_A-4_samanthaSDYES.rvt10/6/2023 9:56:24 AMA4.2 PROPOSED EXTERIOR ELEVATIONS Park Padel 550-4 Eccles Ave, South SF CA 94080 202305 Samantha Buckley 415-366-8026 Neil Chainani 240-750-3395 015082130 3/32" = 1'-0"1 BUILDING ELEVATION - PROPOSED NORTH FACADE 3/32" = 1'-0"4 BUILDING ELEVATION - PROPOSED WEST FACADE 2023-10-03 Planning Application 2023-09-06 Pricing Set 3/32" = 1'-0"3 BUILDING ELEVATION - PROPOSED SOUTH FACADE PARK PADEL LOGO NTS CREAM HEX: FFF0E2 PT-1 DARK GREEN HEX: 153A29 PT-3 LIGHT GREEN HEX: C4D28B PT-4 5 MAX 25 SF PAINTED LOGO; 72"H X 50" W PARK PADEL PAINT COLORS6 32 Conditional Use Application:Description of Proposal Park Padel:Indoor racket facility for the sport of padel Background &Description.........................................................................................................1 Why Oyster Point?...................................................................................................................2 Trips &Transportation................................................................................................................3 Estimated number of net new trips..........................................................................................3 Peak Times..............................................................................................................................4 Transportation to Serve Demand.............................................................................................4 Driving................................................................................................................................4 Dedicated spots...........................................................................................................4 Shared Parking............................................................................................................4 Street Parking Survey..................................................................................................5 Biking.................................................................................................................................6 Transit................................................................................................................................6 Rideshare...........................................................................................................................7 Parking Demand Estimates from other Parking Generation Studies.....................................9 Other Municipal Codes............................................................................................................9 Pickleball Parking Study in West Vancouver.........................................................................10 Conditional Use permit application:from Business Technology Park-High (BTP-H)to Indoor Sports &Recreation Facility Background &Description Park Padel is a modern sports facility designed specifically for the game of padel,a rapidly growing racquet sport that combines elements of tennis,squash,and badminton.Originating in Mexico in 1969,padel has gained tremendous popularity across Europe and is swiftly gaining traction in the United States.We are planning to build out a 6-court padel facility in this warehouse. The existing 26,000 square foot F-1 warehouse space at 550-4 Eccles Avenue will be converted into an Indoor Sports and Recreation facility to accommodate the Park Padel courts and amenities.With the change of use,the occupancy will increase.Reference included Occupancy on sheet A0.2,for a combination of Business areas,Exercise Rooms,and Mercantile occupancies.There will be 3 exits. 33 We have a 5 year lease with a 5 year option and will not be updating the footprint or square footage of the building.We will be making the following tenant improvements: ●Padel Courts:6 padel courts,measuring 66ft x 33ft,enclosed with 10 ft walls made of a combination of glass and metallic mesh.The court surface is made from artificial turf. Customers will mostly play in doubles,with four players on a court.They can enter the court on either side of the net.Our courts will be bookable in 60 minute time slots,from 7am to 9pm daily. ●Front Desk/Retail Area:An area designated for customers to rent and purchase racquets and balls,as well as apparel,and accessories related to padel.This includes footwear, athletic bags,and more.Customers can also purchase light concessions such as energy bars and energy drinks.The total area for purchasing concessions does not exceed 50 square feet.Rental and purchase of these items will be facilitated by the front desk check-in area,where customers will also sign in for their pre-booked court time.The front desk will be manned by 1-2 staff members. ●Open Office 300 square feet.An area where people can take calls before and after their match,meet with their coach,pay for membership fees etc.This area will include soft seating and a high-top table with chairs. ●Restroom Facilities:Accessible all-gender combination shower/changing room/restrooms and dedicated ADA restroom facilities.Locker storage and amenities are free standing outside the restroom block. ●Signage:painted on elevations,(1)location of 24sf,6’H x 4’W,allowing customers to easily locate Park Padel from Eccles Avenue. ●Skylights:6 solar venting Skylights (more than 10’from existing parapet)and Glass storefronts,(2)@ 10’wx14’h.This will bring more natural light into the space,providing more visibility while relying less on lighting electricity costs during the day. Why Oyster Point? Park Padel endeavors to open its second location at Oyster Point,South San Francisco,home to the largest cluster of biotech firms in the country (over 200 companies total).Our first location is Embarcadero Plaza,in San Francisco,where we will service the padel demands of San Francisco proper. At Oyster Point,Park Padel will focus on attracting employees of these 200+biotech firms to patronize our courts,providing an energizing,social,and athletic reprieve from work,either before,during lunch,or after work hours.We specifically chose this location because while 34 many firms in the Bay Area have work from home policies,and therefore emptier offices, Biotech firms often require their employees to come into the office. In Oyster Point already there exist 2-3 fitness facilities,such as an OrangeTheory and YogaSix studio.While these fitness spaces signal that this area is a great location for active individuals, we also saw the opportunity to augment that offering with a social sport to play with coworkers or friends,as padel is usually played in doubles. Trips &Transportation Estimated number of net new trips Given the local Oyster point clientele we will market to,we anticipate roughly 57 net new trips on a daily basis.Upon review of South San Francisco’s Transportation Analysis Guidelines,that places our use in Tier 0.Here is how we performed our calculation: ●Hours of operation:7am-9pm (14 hours a day) ●Customers book 1 hours time slots ●Number of courts:6 courts ●Number of people per court:2-4 people ●Court utilization rate:40%* ●%of customers who will walk/bike/take public transit from within Oyster Point 50% ●This estimate comes from our focus on marketing specifically to local firms. ●%of customers coming from outside of Oyster Point:50% ●%of customers who will drive:90% ●%who will use public transit:10% ●Total Number of staff traveling to the site on a given day:4 people,with 2 people there at any given time ●8 daily trips to this location already existed with previous use 14 hours *6 courts *4 people/court *40%utilization =~135 people daily 135 people *(50%coming from outside Oyster Point *90%who will drive)=61 new trips 61 new trips -8 daily trips that already existed with previous use =53 net new trips +4 staff trips =57 net new trips We believe the above estimate is on the high end;it does not take into account carpooling for those who are coming from outside Oyster Point.Club owners in Miami have shared that most of the time people come in pairs or fours.It also does not take into account ridesharing. *Court utilization rate determined through significant analysis of analogous padel clubs in New York and Miami.We did this study by monitoring on an hourly and weekly basis the %of courts that were booked at any given club.A 40%utilization estimate comes from 5 out of 6 courts 35 being booked on average for the 5 peak hours/day,and 1 out of 6 courts being booked in the 9 non-peak hours/day. Peak Times Peak hours during the week are 5pm-8pm (after work),and during the weekend are 10am-3pm. During these hours,if completely booked,we would expect to have a maximum of 36 customers at the facility.This comes from 24 customers playing at any given time,plus a healthy buffer of 12 for turnover between hours.We will highly encourage customers to carpool, take public transit,walk or bike during these hours. Transportation to Serve Demand Driving Park Padel comes with 18 dedicated customer parking spots and 2 staff parking spots.A drawing with parking spots highlighted in Exhibit A. Dedicated spots ●11 self park spots <available during all hours of operation ●1 ADA <available during all hours of operation ●6 Valet Parking spots,managed by staff <available during all hours of operation ●2 Staff parking spots <available during all hours of operation During peak hours where we may hit 36 customers,we apply the same ratios above (which once again do not assume any carpooling): 36 customers *50%coming from outside Oyster Point *90%who will drive =16 spots occupied Our existing parking supply should suffice to meet our expected driving demand at peak hours. Shared Parking There are 41 parking spots just outside of 550-4 Eccles (highlighted in Exhibit A)that are dedicated parking spots for Nippon Express and Astellas,neighboring firms who have leases with the same landlord as Park Padel.Outside of traditional working hours M-F 9am-5pm and on weekends (the exact inverse of Park Padel peak hours),customers will be allowed to use these spots. 36 Street Parking Survey Although our existing parking plan is sufficient,we note additional street parking available in the area in case we exceed estimated demand. In the surrounding area,there are 5 parking areas marked A-E in the image above where street parking is permitted.According to South San Francisco’s 2022 Zoning Code Update Table 20.330.010:Standard Parking Space and Aisle Dimensions,the required parking curb length per stall is 20 feet.We use this number to calculate total estimated street parking: ●A ○Curb length:72 ft ○Parking stalls:3 ○Walking distance to entrance:1,000 ft ○Walking time:4 mins ●B ○Curb length:227 ft ○Parking stalls:11 ○Walking distance to entrance:600 ft ○Walking time:2 mins 37 ●C ○Curb length:115 ft ○Parking stalls:5 ○Walking distance to entrance:350 ft ○Walking time:1 min ●D ○Curb length:125 ft ○Parking stalls:6 ○Walking distance to entrance:350 ft ○Walking time:2 mins ●E ○Curb length:90 ft ○Parking stalls:4 ○Walking distance to entrance:700 ft ○Walking time:3 mins ●Total curb length:629 ft ●Total street parking available in a 4 minute walking radius:29 stalls We also note that these street parking stalls are rarely if ever in use given that the surrounding buildings all provide ample parking for their employees,and that once again would be used in the inverse hours of business during peak demand. Biking We will provide 14 bike stalls at the facility that will be accessible during business hours. ●14 bike parking spaces total Transit Oyster Point offers a frequent,free shuttle to and from BART that drops off at Eccles and Oyster Point,a 7 min walk from our facility:https://commute.org/route/oyster-point-bart/ 38 This shuttle route also includes stops nearby other corporate offices,making it an ideal travel method of local employees: Route map for free Oyster Point shuttle Rideshare Customers will easily be able to be both picked up and dropped off at our facility. 39 Exhibit A-Parking Diagram 40 Parking Demand Estimates from other Parking Generation Studies Other Municipal Codes Many municipalities are similar to South San Francisco in that they do not have explicit parking minimums for tennis or racket facilities;however,there are few across the state and country that have explicit ratios we can reference and apply to our use. Municipality Designation Parking minimum Folsom,CA Municipal Code: 17.57.040 Off-street parking requirements Tennis and other court games Two spaces per court Los Angeles County,CA: 22.112.070 -Required Parking Spaces. Racquetball,tennis,and similar courts 2 spaces per court Bakersfield,CA:Chapter 17.58 PARKING AND LOADING STANDARDS Tennis,racquetball,and handball court 3 spaces per court Brea,CA:§20.08.040 OFF-STREET PARKING AND LOADING. Recreation,indoor - Racquetball/Tennis 3 spaces per court Fairfax County VA “Parking Reimagined”Study:Table 6100.2:Minimum Required Off-Street Vehicle Parking Spaces Tennis Club 2 spaces per court Using these ratios,our 6-court facility would require 12-18 spaces,which currently matches what we are providing. 41 Pickleball Parking Study in West Vancouver Reference: Hugo Ray Park –Proposed Pickleball Facility Transportation Assessment Prepared by Peter Joyce,P.Eng. Bunt &Associates Engineering Ltd. There are no padel parking studies yet because of how nascent this sport is to the US,but one such study exists for a pickleball park in West Vancouver,Canada,which most closely resembles our use case. In this study,Transportation Consulting Firm Bunt &Associates examined current parking usage in a few parks in the suburbs of West Vancouver.One in particular,Murdo Frazer is a six-court outdoor pickleball facility in a public park.The consultants monitored parking behavior on a Saturday morning,a peak hour,in which all 6 courts were occupied by four players.At its busiest,there were 38 players present -24 players and 14 waiting to play.At the peak point during this monitoring period of 9AM-12PM,the number of parked cars hit a maximum of 30 cars. There are few key differences between this study and our proposed padel use case: 1.Murdo Frazer park in West Vancouver is neither near major public transit nor a corporate hub in the same way that 550-4 Eccles is on BART and heavily connected to the biotech firms of Oyster Point.We assume that people will be relying on public transit or walking/biking. 2.These courts at Murdo Frazer are public and not reservable.In addition,pickleball games are quick -people play up to 11 points,so usually last 10-15 minutes each.As a result,there is a lot of waiting involved,where players queue up for the next game.At Park Padel,customers book ahead on the app their hour of play,so there is much less waiting since you know exactly when you will be playing,and turnover is much less frequent. 42 CONDITIONAL USE + SIGNAGE550-4 Eccles Ave, South San Francisco CA10/06/2023© 2023 Studio BBA, Inc.PARK PADEL PLANNING APPLICATION43 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.VicinityNECCLES AVEROZZI PLECCLES AVEOYSTER POINT BLVDFORBES BLVDFORBES BLVDALLERTON AVESITE VICINITY1. Near Oyster Point BART shuttle route2. Near Existing Bike Paths, Lanes, and Routes3. Near Bay Trail and adjacent Recreation Facilities 4. Bike route from BART station passes through Downtown District for access to pre- and post- play amenities such as food and bev5. Padel Club recreational use to support nearby employees550 ECCLES44 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.Vicinity Context PhotosNECCLES AVEROZZI PLECCLES AVEOYSTER POINT BLVDFORBES BLVDFORBES BLVDALLERTON AVESite Key Plan2 - 513 Eccles Ave121 - 550 Eccles Ave4 - 430 Rozzi Pl3 - 500 Eccles Ave5 - 472 Eccles Ave34545 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.Site Context PhotosSite Key Plan4. View looking South Eccles Ave from 550-4 Driveway3. View looking from 550-1 parking lot towards Eccles Ave1. View Towards 550-4 Eccles Ave2. View of Adjacent 550-1 Eccles Ave412346 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.1. View Towards Site North Elevation from Eccles AveSite Photos4. View Towards Site South Elevation3. View looking towards Loading Bays at 550-4 Eccles2. View Towards Site from Driveway on Eccles Ave47 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.Site Plan526 ECCLE534 ECCLE55353525255352(&&/(6(&&/(6 $9 ((&&/(6(&&/(6(&&/(672(&&/(6$9((&&/(PROPOSED SITE PLAN1. No change to existing plantings, irrigation, or exterior lighting2. No added hardscape3. Striping (12) new Parking Stalls on existing loading bays; (2) Employee, (6) Valet, (1) ADA, (3) Standard Stalls4. Add 6 venting skylights Lot size: 151,000 sqftExisting Landscaping: 37,600 sqft24.9% Landscaping provided15% Landscaping required in BTP-H550 Eccles Property Landscape:48 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.Site Signage Plan - existing(&&/(6(&&/(6 $9((&&/(6(&&/(6(&&/(672(&&/(6$9(/2$',1*'2&.(&&/(68. EXISTING NORTH MONUMENT SIGN;5’H X 14’w (70 sqft)7. 550 ECCLES, STREET FACING ENTRANCE; NO SIGNAGE9. NIPPON EXPRESS; 4” x 24” DOOR DECAL (.33 sqft)1. 550-3 AUDENTES; 5”x 16” DOOR DECAL(.56 sqft)1. SOUTH ELEVATION A; NO DOORS OR SIGNAGE2. SOUTH ELEVATION B;5” X 15” AUDENTES SIGN (.52 sqft)3. 550-4 ECCLES; NO SIGNAGE4. 550-4 ECCLES; NO SIGNAGE5. 550-4 ECCLES; NO SIGNAGE6. EXISTING SOUTH MONUMENT SIGN;5’H X 14’w (70 sqft)49 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.Site Signage Plan - existing(&&/(6(&&/(6 $9((&&/(6(&&/(6(&&/(672(&&/(6$9(/2$',1*'2&.(&&/(68. EXISTING NORTH MONUMENT SIGN;5’H X 14’w (70 sqft)Permit Number: B15-03459. NIPPON EXPRESS; 4” x 24” DOOR DECAL (.33 sqft)1. 550-3 AUDENTES; 5”x 16” DOOR DECAL(.56 sqft)2. SOUTH ELEVATION B;5” X 15” AUDENTES SIGN (.52 sqft)6. EXISTING SOUTH MONUMENT SIGN;5’H X 14’w (70 sqft)Permit Number: B15-03451. 0.56 sqft2. 0.52 sqft6. 70 sqft8. 70 sqft9. 0.33 sqftSignage Subtotal: 141.41 sqft550 Eccles Property Signage:50 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.Site Signage Plan - Proposed(&&/(6(&&/(6 $9((&&/(6(&&/(6(&&/(672(&&/(6$9(/2$',1*'2&.(&&/(61. 0.56 sqft2. 0.52 sqft6. 70 sqft8. 70 sqft9. 0.33 sqftExisting Signage Subtotal: 141.41 sqft5. 25 sqft (Proposed)Proposed Signage Subtotal: 166.41 sqft550 Eccles Property Signage:5. 550-4 ECCLES; PROPOSED 50”x 72” (25 sqft) PAINTED SIGN51 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.North Elevation - Signage Proposal/(9(/ /(9(/ $'-$&(177(1$17/(9(/ /(9(/ $'-$&(177(1$17373737373737373737376)'(6,*1$7('$5($)253$,17('/2*2 ( 75$6+(1&/2685( PROPOSED NORTH ELEVATIONEXISTING NORTH ELEVATION1. Add color block paint in Dark Green PT-3 and Light Green PT-42. Paint 25SF logo on facacde at corner closest to Eccles Ave. No thickness to signage, no added lighting.3. No new penetrations to facadeWEST ELEVATIONECCLES AVEECCLES AVENORTH ELEVATION52 550-4 eccles ave - planning pre-application2023-10-06MAIL 921 Larkin Street, San Francisco, CA 94109 TEL 415 241 7160 WWW studio-bba.com STUDIO BBA© 2023 Studio BBA, Inc.brand assets & colorsCREAMHEX: FFF0E2PT-1DARK GREENHEX: 153A29PT-3LIGHT GREENHEX: C4D28BPT-4YELLOWHEX: FFDA88NOT USEDNOT USEDNOT USEDNOT USEDNOT USED53 CARLSBAD CLOVIS IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO 3210 El Camino Real, Suite 100, Irvine, California 92602 949.553.0666 www.lsa.net MEMORANDUM DATE: November 17, 2023 TO: Victoria Kim, Associate Planner, City of South San Francisco FROM: Dean Arizabal, Principal, LSA SUBJECT: Parking Study for the 550‐4 Eccles Avenue Indoor Padel Facility Project (LSA Project No. 20231249) LSA has prepared this parking study for the proposed indoor padel facility (project) at 550‐4 Eccles Avenue in South San Francisco, California. As a result of comments from the City of South San Francisco (City) and because the City’s Municipal Code does not provide a specific parking rate for an indoor padel facility, a parking study is required. The purpose of the parking study is to determine the parking adequacy for the proposed project. This parking study considers the operational characteristics of the proposed project, the parking demand of a similar facility, and the availability of parking surrounding the project site. PROJECT DESCRIPTION The 550‐4 Eccles Avenue project site is on the south side of Eccles Avenue and is bounded by various industrial, warehouse, office, export, logistics, pharmaceutical, and biotechnological uses. The project site is zoned as Business Technology Park‐High (BTP‐H). Access to the site is provided via one driveway on Eccles Avenue. The proposed project would convert the existing 26,000‐square‐foot (sf) building on site to an indoor padel facility with six padel courts for players of all ages and skill levels. The proposed project would operate on a reservation‐only basis from 7:00 a.m. to 9:00 p.m., daily. The proposed project would be staffed by a manager and an assistant to maintain typical operations of the facility and the scheduling of all games on site. The proposed project would include 20 surface parking spaces (18 customer and 2 employee spaces). In addition, the proposed project would be able to utilize an additional 12 parking spaces (if needed) from its neighbor outside of typical business hours (after 5:00 p.m. on weekdays and all day on weekends) based on a shared parking agreement with the joint landlord. The project location is shown in Attachment A (Figure 1), and the project site and parking locations are depicted in Attachment B (Figure 2). 54 11/17/23 (P:\20231238 ‐ 550‐4 Eccles Ave Indoor Padel Facility\doc\Parking Analysis Memo.docx) 2 PARKING DEMAND SURVEYS To ensure that the proposed project will not have any negative impacts on parking on or off site, hourly parking demand surveys were conducted by independent third party (Counts Unlimited) for a similar existing facility (Bay Padel) and for the neighboring use (Nippon Express). The Counts Unlimited parking surveys are provided in Attachment C. Bay Padel To estimate the parking demand of the proposed project, hourly parking demand surveys were conducted at a similar existing indoor padel facility (Bay Padel at 29 Avenue G in San Francisco) during its current hours of operation on one Saturday (November 4, 2023) between 7:00 a.m. and 10:00 p.m., as well as one weekday (Wednesday, November 8, 2023) between 8:00 a.m. and 11:00 p.m. Bay Padel is a multi‐use recreational facility that offers a range of amenities, including five padel courts, four pickleball courts, art gallery, café, and lounge. Based on the Bay Padel parking surveys, the peak parking demand was 13 spaces on a weekend (Saturday) at 2:00 p.m. On a weekday, the peak parking demand was 12 spaces at 9:00 p.m. Nippon Express To determine the existing parking conditions surrounding the project site, hourly parking demand surveys were conducted for the 12 dedicated parking spaces for the neighboring use (Nippon Express at 550‐1 Eccles Avenue) during the hours of operation of the proposed project on one Saturday (November 4, 2023) and one weekday (Wednesday, November 8, 2023) between 7:00 a.m. and 9:00 p.m. As previously described, the proposed project has a shared parking agreement with Nippon Express and the joint landlord that would allow the proposed project to utilize 12 Nippon Express parking spaces outside of typical business hours (after 5:00 p.m. on weekdays and all day on weekends). Based on the Nippon Express parking surveys, the peak parking demand was 6 spaces on a weekend (Saturday) between 7:00 a.m. and 9:00 p.m. On a weekday, the peak parking demand was 6 spaces from 7:00 a.m. to 12:00 p.m. and 3:00 p.m. to 9:00 p.m. During these days and times, a box truck was parked over 5 spaces and one passenger vehicle utilized 1 space. PARKING ANALYSIS On‐Site Parking Based on review and consideration of the parking demand surveys for Bay Padel, which is larger in size and has more amenities than the proposed project (five padel courts, four pickleball courts, art gallery, café, and lounge versus six padel courts), LSA concludes that the parking demand of the proposed site will be similar or less than that of Bay Padel. The peak parking demand at Bay Padel was 13 spaces, and the proposed project has a surface parking lot of 20 spaces. As such, the on‐site parking supply of the proposed project would accommodate its expected parking demand. 55 11/17/23 (P:\20231238 ‐ 550‐4 Eccles Ave Indoor Padel Facility\doc\Parking Analysis Memo.docx) 3 Shared Parking The parking demand surveys of the neighboring use revealed that Nippon Express has a peak parking demand of 6 spaces on both a weekend and weekday. As such, the proposed project would have a surplus of at least 6 parking spaces from Nippon Express after 5:00 p.m. on weekdays and all day on weekends. Therefore, the proposed project is not expected to negatively impact parking on or off site. Parking Management Strategies As previously described, the proposed project is anticipated to adequately accommodate its parking demand on site. In addition, the proposed project would be able to utilize the parking spaces of its neighbor outside of typical business hours based on a shared parking agreement. Therefore, the proposed project is not expected to adversely affect parking on or off site. As such, alternative parking methods are not required. If the parking demand of the proposed project is anticipated to exceed its 20‐space on‐site parking supply and the additional Nippon Express spaces per the shared parking agreement in the future (i.e., facility expansion, additional padel courts, and/or additional customers/employees), the project applicant and/or facility operator could consider one or more of the following parking management strategies. Carpooling: By encouraging customers and employees to carpool, the number of vehicles arriving at the facility could be reduced, therefore reducing parking demand. Alternative modes of transportation: Encouraging customers and employees to use alternative modes of transportation, such as public transit, walking, and cycling, could reduce parking demand. Off‐site parking agreements: The project applicant or facility operator could negotiate agreements with other nearby businesses or parking facilities to allow overflow parking during peak hours of the proposed project. Parking management plan: A parking management plan could be implemented to optimize the use of available parking spaces on site, including the use of timed parking or reserved parking for specific customers or events. Valet parking: Implementing a valet parking service could maximize the use of available parking spaces, particularly during peak hours. Flexible scheduling: Adjusting the facility’s operating hours to take advantage of lower parking demand along the adjacent street during certain times of the day or week. CONCLUSIONS Based on the operational characteristics of the proposed project, the parking demand of a similar existing indoor padel facility, and the ability to utilize additional parking spaces from the neighboring use, adequate parking would be afforded the proposed project during its peak periods. 56 11/17/23 (P:\20231238 ‐ 550‐4 Eccles Ave Indoor Padel Facility\doc\Parking Analysis Memo.docx) 4 The proposed project would have sufficient on‐site parking to accommodate its anticipated peak parking demand during weekday evenings and weekends, which coincides with the time when most of the workers of the adjacent use have left for the day and there is ample parking. Therefore, the proposed project would not result in a significant impact to parking on or off site. Therefore, parking management strategies are not required. If you have any questions, please contact me at (949) 553‐0666. Attachments: A – Figure 1: Project Location B – Figure 2: Project Site and Parking Locations C – Counts Unlimited Parking Surveys 57 PARKING STUDY NOVEMBER 2023 550‐4 ECCLES AVENUE INDOOR PADEL FACILITY PROJECT SOUTH SAN FRANCISCO, CALIFORNIA P:\20231238 ‐ 550‐4 Eccles Ave Indoor Padel Facility\doc\Parking Analysis Memo.docx (11/17/23) ATTACHMENT A FIGURE 1: PROJECT LOCATION 58 HillsideBlvd E cclesAveSa n B runo A v e S p r u c eA ve1stLn LarchAve ParkWay Forbes Blvd E GrandAveCypressAveDubuqueAveRandolphAve SSanFranciscoDr SierraPointPkwyAllertonAvePolettiWayHillside Blv d LindenAveMillerAve Baysh or e B l v d BayshoreFwySignHill Park South S an Francisco 101 HermanStU t a h A v e SMapleAveSanMateoAveTheShops at Tanforan Tanforan SouthSanFrancisco-EastBayFryE G randA ve San Bruno Point Park Oyster Point Park 101 101 SOURCE: Google Maps 2023 J:\20231238\GIS\Pro\550-4 Eccles Avenue Indoor Padel Facility\550-4 Eccles Avenue Indoor Padel Facility.aprx (11/17/2023) FIGURE 1 550-4 Eccles Avenue Indoor Padel Facility S A N F R A N C I S C O C O U N T Y S A N M A T E O C O U N T Y £¤101 ÃÃ61 ÃÃ35 ÃÃ82 ÃÃ1 ÃÃ92 §¨¦980 §¨¦380 §¨¦580§¨¦80 §¨¦880 §¨¦280 Project Vicinity 0 1000 2000 FEET Project Location Project Location 59 PARKING STUDY NOVEMBER 2023 550‐4 ECCLES AVENUE INDOOR PADEL FACILITY PROJECT SOUTH SAN FRANCISCO, CALIFORNIA P:\20231238 ‐ 550‐4 Eccles Ave Indoor Padel Facility\doc\Parking Analysis Memo.docx (11/17/23) ATTACHMENT B FIGURE 2: PROJECT SITE AND PARKING LOCATIONS 60 SOURCE: Google Earth 2023 FIGURE 2 Project Site and Parking Loca�ons 550-4 Eccles Avenue Indoor Padel Facility LEGEND Project Site Project Parking: 20 total spaces Neighbor (Nippon Express) Parking 12 Spaces for project use a�er 5:00 p.m. on weekdays and all day on weekendsFEET 100500 I:\20231238\G\Site_Plan.ai (11/16/2023)Eccles AveEccles Ave61 PARKING STUDY NOVEMBER 2023 550‐4 ECCLES AVENUE INDOOR PADEL FACILITY PROJECT SOUTH SAN FRANCISCO, CALIFORNIA P:\20231238 ‐ 550‐4 Eccles Ave Indoor Padel Facility\doc\Parking Analysis Memo.docx (11/17/23) ATTACHMENT C COUNTS UNLIMITED PARKING SURVEYS 62 San FranciscoBay Padel - Parking Count29 Ave G, Treasure Island, San FranciscoSaturday, November 4, 20238:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMPadel Ball Player Cars002434763223420Pickle Ball Player Cars001122431000000Employee Cars112221222211110TOTAL 11577713116434530*Parking area did not have marked stallsParking SurveyCounts Unlimited, Inc.PO Box 1178Corona, CA 92878951-268-626863 San FranciscoBay Padel - Parking Count29 Ave G, Treasure Island, San FranciscoWednesday, November 8, 20237:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMPadel Ball Player Cars00000002344598103Pickle Ball Player Cars0000000000000000Employee Cars0123211111222221TOTAL 0123211345671110124*Parking area did not have marked stallsParking SurveyCounts Unlimited, Inc.PO Box 1178Corona, CA 92878951-268-626864 South San FranciscoNippon Express550-1 Eccles Avenue, South San FranciscoSaturday, November 4, 2023Inventory 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PMNortheast Spaces 6111111111111111Northwest Spaces6 555555555555555Total Occupancy12666666666666666Total Percent50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50%*At Nippon Express Northwest Spaces, a box truck was parked over 5 spaces for the whole dayNippon Express550-1 Eccles AveCounts Unlimited, Inc.PO Box 1178Corona, CA 92878951-268-626865 South San FranciscoNippon Express550-1 Eccles Avenue, South San FranciscoWednesday, November 8, 2023Inventory 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PMNortheast Spaces 6111111111111111Northwest Spaces6 555555005555555Total Occupancy12666666116666666Total Percent50% 50% 50% 50% 50% 50% 8% 8% 50% 50% 50% 50% 50% 50% 50%*At Nippon Express Northwest Spaces, a box truck was parked over 5 spaces from 7:00 AM to 12:00 PM and 3:00 PM to 9:00 PMNippon Express550-1 Eccles AveCounts Unlimited, Inc.PO Box 1178Corona, CA 92878951-268-626866 Address: 550-4 Eccles Avenue, South San Francisco CA 94080 Date: November 22nd, 2023 PARKING AGREEMENT PARKING AGREEMENT Subject to the written approval of JCN Properties, LLC ("Landlord"), Nippon Express U.S.A., Inc. ("NEU") (located at 550-1 Eccles Avenue) agrees to grant Park Padel permission to utilize twelve (12) parking spaces situated in the northwest corner to the west of 550-4 Eccles Avenue, South San Francisco, CA 94080 ("Parking Spaces," as depicted in Exhibit A), exclusively after 5 PM on Weekdays (Monday through Friday) and throughout Weekends. Park Padel is prohibited from using these parking spots outside of the specified hours. Furthermore, Park Padel customers are not authorized to utilize any other parking stalls assigned to Nippon Express on Eccles Avenue premises. Notwithstanding the foregoing, NEU retains the right to terminate Park Padel's parking privileges in the designated areas at any time and for any reason, or even without any specific reason. While NEU is under no obligation to provide prior written notice of such termination, reasonable efforts will be made by NEU to provide Park Padel with prior reasonable notice regarding the termination of these rights. In consideration of being granted permission to park vehicles in the Nippon Express U.S.A., Inc. Parking Spaces, Park Padel hereby releases, waives, and discharges the Landlord, Nippon Express U.S.A., Inc., including its parents, subsidiaries, or other affiliates, officers, agents, or employees (collectively referred to as "Releasees"), from any and all liability, claims, demands, actions, and causes of action of any kind or nature arising out of or related to any loss, damage, or injury sustained by myself or any other property resulting from the parking of my vehicle at the Parking Spaces. This includes, but is not limited to, incidents such as theft, collisions, fires, acts of nature, adverse weather conditions, or construction-related issues. Park Padel further agrees that any damage or loss occurring to the vehicles or their contents while situated in the Parking Spaces shall be the sole responsibility of Park Padel. It is also understood and agreed by Park Padel that neither the Landlord, NEU, nor the Releasees can or will assume any responsibility for property damage to my vehicle, theft of my vehicle, any part thereof, or the loss of personal articles from the vehicle. 67 Additionally, Park Padel undertakes to indemnify and hold harmless the Landlord, NEU, and the Releasees from any loss, liability, damage, or costs, which may include attorneys' fees and court costs, that they may incur arising from or related to the parking of my vehicle at the Parking Spaces during non-working hours. This applies whether such issues are caused by the negligence of NEU, Landlord, or the Releasees, or by any other means. Park Padel also warrants that it will maintain liability insurance for vehicles in the Parking Spaces. Name Name Makoto Kurita – General Manager Title - Park Padel Title - Nippon Express U.S.A. Inc November 22, 2023 Date Date 68 Exhibit A Satellite view Assignment diagram 69 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1064 Agenda Date:12/21/2023 Version:1 Item #:3. Report regarding consideration and recommendation of approval to City Council of a Zoning Text Amendment, a Development Agreement,Design Review and Sign Permit to allow for the installation of a 65-foot tall, double-faced,digital billboard on property located adjacent to 140 Beacon Avenue in a PG&E easement along HWY 101 &280 in the Business Technology Park-High (BTP-H)Zoning District in accordance with Title 20 of the South San Francisco Municipal Code and environmental analysis and determination under the California Environmental Quality Act (CEQA)of project consistency with a prior Mitigated Negative Declaration under CEQA Guidelines Sections 15164.(Christy Usher, Senior Planner) RECOMMENDATION That the Planning Commission conduct a public hearing and take the following actions: 1.Adopt a Resolution making findings and recommending that the City Council make a determination that the Outfront Media Digital Billboard Project is fully within the scope of environmental analysis in the 2015 Initial Study/Mitigated Negative Declaration and that the 2023 Addendum to the IS/MND is the appropriate environmental document for the Project; and 2.Adopt a Resolution making findings and recommending that the City Council adopt Zoning Text Amendment ZA22-0004; and 3.Adopt a Resolution making findings and recommending that the City Council approve Planning Project P22-0076,including DA22-0003,DR22-0022 and SP23-0033 based on the draft findings and subject to the attached draft conditions of approval. MOTIONS FOR THE COMMISSION TO ADOPT STAFF RECOMMENDATION: (1)Move to adopt the resolution recommending the CEQA determination. (2)Move to adopt the resolution recommending adoption of a Zoning Ordinance amendment. (3) Move to adopt the resolution recommending approval of planning entitlements. BACKGROUND/DISCUSSION In 2015, the City Council approved a Zoning Ordinance Text Amendment to allow a maximum of three digital billboards in the City. Specifically, the Zoning Ordinance states that digital billboards shall only be allowed in a nonresidential district south of Sister Cities Boulevard and north of the City’s southern boundary, and shall be located on parcels immediately adjacent to U.S. Highway 101 (US 101). Notwithstanding the foregoing, digital billboards shall not be allowed on parcels adjacent to San Bruno Mountain or in a location that significantly blocks views of San Bruno Mountain. The intent was to allow a limited number of digital billboards along US 101 to provide an additional source of revenue for the City, promote economic development and expand the communication of community services. Currently there are three existing digital billboards in the City located at 101 Terminal Court, 345 Shaw Road and City of South San Francisco Printed on 12/15/2023Page 1 of 6 powered by Legistar™70 File #:23-1064 Agenda Date:12/21/2023 Version:1 Item #:3. 180 S. Airport Boulevard. Therefore, a Zoning Text Amendment is required to allow the proposed digital billboard adjacent to 140 Beacon Avenue. Project Description On July 14, 2022 an application was submitted by Outfront/Foster Interstate for the construction of a double-sided digital billboard on vacant PG&E land, on the east side of US 101 (north of I- 280) adjacent to 140 Beacon Avenue. The proposed digital billboard will be similar in size and scale to the three existing digital billboards currently constructed in the City.The proposed billboard will be a back-to-back structure with north and south facing 14’x48’ LED displays visible to vehicles travelling in both directions on US 101. The proposed billboard will be 65 ft. in overall height. 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, and would operate 24 hours per day, seven days per week. 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 in a V-shape,with each of the two sides angled 7.5 degrees from the centrally located access walkway.The V will meet on the western side such that the displays face the two directions of highway traffic. Exhibit B to the Entitlements Resolution contains the proposed billboard project plans. Project Site The currently proposed billboard is located in a fenced vacant lot owned by PG&E, behind a set of three connected commercial buildings on Beacon Street and associated parking. One of the buildings is currently vacant, with the others occupied by Decker Electric Company and K1 Speed - Indoor Go Karts. The proposed billboard would be located on the eastern side of the site adjacent to U.S. 101 with the footing and overhang in a paved area. An approximately 35-foot-wide landscape strip is located between the paved lot and the U.S. 101 highway to the west, consisting of mixed ruderal and wetland vegetation. Farther west across the highway (at least 300 feet to the nearest building from the proposed billboard site) is located a storage center, and then a commercial complex with some restaurants, office, retail, and commercial uses, approximately another 100 feet to the west. The project location lot is triangularly shaped, with the fence on the east side, behind the commercial building, meeting the fence on the west side, between the lot and U.S. 101, at the southernmost point. On the northern end are three electrical towers, beyond which is a paved parking lot reaching Colma Creek. The site is surrounded by various commercial uses on the same side of the highway including largely offices and manufacturing uses, with some retail and other commercial uses. The closest residential areas are located approximately one-half mile both to the west and to the south. Other residential uses can be found approximately a mile to the northwest and approximately 1.3 miles to the north. There are no residences in the City of South San Francisco Printed on 12/15/2023Page 2 of 6 powered by Legistar™71 File #:23-1064 Agenda Date:12/21/2023 Version:1 Item #:3. vicinity to the east. ZONING TEXT AMENDMENTS (CHAPTER 20.360) The City’s Zoning Code 20.360.004(F)(7)(a) limits the maximum number of digital billboards in the City to not more than three. Since there are currently three digital billboards located within the City a Zoning Text Amendment would be required to allow the proposed project as a fourth digital billboard in South San Francisco. The proposed zoning text changes are shown below using a strikethrough and double underline format,where text that is struck out is removed and text that is double underlined is added.The following amendment to Chapter 20.360 is proposed: a.Maximum Number of Signs and Faces. Not more than three four digital billboards, with two faces each, may be allowed within the City, and must be pursuant to the approval of a relocation agreement under Section 20.360.003 <https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/lookup/20.360.003>(A) (“Permits Required; Review Process”). The Billboard Relocation Agreement mandates that erection of a new billboard is paired with removal of two existing billboards. Per South San Francisco Municipal Code 20.360.003 D(6)(b), if there are no existing billboards to remove, the billboard applicant may instead request the City to enter into a development agreement, which may include in-lieu contributions. The currently proposed billboard is not proposing to relocate or remove billboards. In which case, the applicant would enter into a Development Agreement and contribute in-lieu fees, as allowed under the Municipal Code. DESIGN REVIEW BOARD The Design Review Board (DRB)reviewed the project on October 18,2022.In summary,the Board was not supportive of the proposed digital billboard along the 101 freeway.In general,the Board did not find digital billboards a signage type that is aesthetically pleasing.The Design Review Board Comment letter dated October 26, 2023 is included as Exhibit C to the Entitlements Resolution. DEVELOPMENT AGREEMENT The applicant and the City have negotiated a Development Agreement (“DA”)to clarify and obligate Project features and mitigation measures,including annual fees,community service message display time,and City branding. Development Agreement Term The term of the DA would be 30 years. Fees and Taxes The DA includes provisions that obligate Outfront Media to pay the City an annual amount of $102,000 for the digital billboard ($51,000 per face).In the event that the City adopts a gross receipts tax in the future,Outfront City of South San Francisco Printed on 12/15/2023Page 3 of 6 powered by Legistar™72 File #:23-1064 Agenda Date:12/21/2023 Version:1 Item #:3. digital billboard ($51,000 per face).In the event that the City adopts a gross receipts tax in the future,Outfront Media’s annual payment of such gross receipts tax would be deducted from Outfront Media’s annual payment obligation under the DA. The DA also includes a provision for a one-time in-lieu fee payment of $1,100,000 for the one billboard face that is needed to satisfy the 2:1 removal-to-construction ratio requirement. Community Service Messages Outfront Media will provide the City with free display time on the digital billboard (one two-week advertising spot for each calendar quarter)for the purpose of advertising the City,City-sponsored events,or other public service announcements. The proposed DA is attached as Exhibit D to the Entitlements Resolution.Note that following a recommendation by the Planning Commission,the DA will be considered by the City Council for approval through adoption of an Ordinance.Any Planning Commission approvals contemplated by this planning application would be conditioned upon the approval and execution of the DA. GENERAL PLAN CONFORMITY AND ZONING CONSISTENCY The Project site is designated Business Technology Park -High within the General Plan and is also located within the Business Technology Park -High Zoning District in the east of 101 area.The area primarily contains employment-generating land uses and includes office, life science, and other R&D uses, and industrial uses. As discussed above,the Project would require an amendment to the Zoning Code in order to allow a fourth digital billboard subject to approval of a Development Agreement and conformance with specific standards. Subject to approval of the Zoning Ordinance amendments,the project would remain consistent with the intent and purpose of the General Plan and comply with the Zoning Ordinance standards related to signage. ENVIRONMENTAL REVIEW In 2015,in conjunction with the entitlements for two billboard projects approved for Clear Channel,the City Council adopted an Initial Study/Mitigated Negative Declaration (IS/MND)in accordance with the California Environmental Quality Act,Pub.Resources Code §21000,et seq.(CEQA).The 2015 IS/MND analyzed the potential environmental impacts of billboards along the west side of US 101.Environmental issues were identified related to Aesthetics,Air Quality,Cultural Resources,Hazards/Hazardous Materials and Transportation.Subject to the implementation of the mitigation measures discussed below,the stated impacts would be reduced to a less-than-significant impact: ·Aesthetics -The digital billboard will use LED technology to display messages on a lit screen,and therefore could have an impact related to light and glare.The Aesthetics related mitigation measure requires that the applicant perform periodic field testing to demonstrate compliance with a 0.3 footcandle increase over ambient light at 350 feet.If increases in ambient light are above the allowed level,the dimming level shall be adjusted within 24 hours or the billboard shall not be operated until the lighting levels can be brought into compliance. ·Air Quality -Due to the non-attainment status of the air basin,the Bay Area Air Quality Management District (BAAQMD)recommends that projects implement a set of Basic Construction Mitigation Measures.The Air Quality related mitigation measure requires construction contractors to implement City of South San Francisco Printed on 12/15/2023Page 4 of 6 powered by Legistar™73 File #:23-1064 Agenda Date:12/21/2023 Version:1 Item #:3. Measures.The Air Quality related mitigation measure requires construction contractors to implement all of the BAAQMD Construction Mitigation Measures. ·Cultural Resources -Given the site characteristics,coupled with the regional archaeological sensitivity, there is a moderate potential of unrecorded Native American resources.The mitigation measure requires that the applicant prepare and implement a cultural monitoring and mitigation plan by a qualified archaeologist. ·Hazards and Hazardous Materials -The site has not been assessed for the potential presence of hazardous materials.During the installation process of the billboard,holes would be drilled and the excavated soil would be transported offsite.The project will also include trenching to connect the electrical supply.The first Hazards related mitigation measure would require the site to be assessed for the presence of hazardous materials prior to construction activities,which,if present,would be handled appropriately to ensure the impact would remain less than significant.The second mitigation measure requires the applicant to properly dispose and/or recycle any materials considered electronic waste. ·Traffic -Significant effects could occur if the proposed digital billboard did not comply with restrictions regarding location,intensity of light,light trespass,or other restrictions or includes visual effects or driver interaction that would cause driver distraction.The first Traffic related mitigation measure requires the applicant to submit an annual report regarding compliance with operating standards.The second mitigation measure requires that the digital billboard comply with operational safety standards, including no moving or flashing lights,and no installation of technologies that would allow interaction with drivers, vehicles or any device located in vehicles. For the proposed Project,an addendum to the IS/MND was prepared,entitled the 2023 Addendum,to analyze impacts of digital billboards on the eastern side of the US 101.The 2023 Addendum found that the proposed Project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.The mitigation measures identified above in the IS/MND would remain applicable to proposed billboards on the eastern side of US 101. CONCLUSION The proposed digital billboard project will provide an additional source of revenue for the City,promote economic development,and expand the communication of community services along the US 101 corridor,in keeping with the General Plan. Therefore, staff recommends that the Planning Commission adopt the following resolutions: 1.Adopt a Resolution making findings and recommending that the City Council make a determination that the Outfront Media Digital Billboard Project is fully within the scope of environmental analysis in the 2015 Initial Study/Mitigated Negative Declaration and that the 2023 Addendum to the IS/MND is the appropriate environmental document for the Project; and 2.Adopt a Resolution making findings and recommending that the City Council adopt Zoning Text Amendment ZA22-0004; and 3.Adopt a Resolution making findings and recommending that the City Council approve Planning Project P22-0076,including DA22-0003,DR22-0022 and SP23-0033 based on the draft findings and subject to the attached draft conditions of approval. Attachments City of South San Francisco Printed on 12/15/2023Page 5 of 6 powered by Legistar™74 File #:23-1064 Agenda Date:12/21/2023 Version:1 Item #:3. 1.CEQA Resolution 23-1060 a.Exhibit A - 2015 Initial Study/ Mitigated Negative Declaration b.Exhibit B - 2023 Addendum 2.Zoning Text Amendment Resolution 23-1066 a.Exhibit A - Zoning Ordinance Chapter 20.360 Amendments 3.Entitlements Resolution 23-1061 a.Exhibit A - Conditions of Project Approval b.Exhibit B - Project Plans c.Exhibit C - Design Review Board letter d.Exhibit D - Development Agreement City of South San Francisco Printed on 12/15/2023Page 6 of 6 powered by Legistar™75 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1060 Agenda Date:12/21/2023 Version:1 Item #:3a. Resolution making findings and recommending that the City Council make a determination that the Outfront Media Digital Billboard Project at 140 Beacon Avenue is fully within the scope of environmental analysis as described in the 2015 Initial Study/ Mitigated Negative Declaration (IS/MND) and that the 2023 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 adjacent to 140 Beacon Avenue (APN 015-171-999) (“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 a Zoning Text Amendment, Development Agreement, Design Review 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 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 (“2023 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 December 21, 2023, at which time interested parties had the opportunity to be heard, to review the Project and the 2023 Addendum, as well as supporting documents, prior to the Planning Commission making a recommendation to City Council on the Project; and WHEREAS, the Planning Commission exercised its independent judgment and analysis, and considered all reports, recommendations and testimony before making a recommendation to City Council on a CEQA 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 Chappell Geomatics Inc., dated May 21, 2022; the Outfront City of South San Francisco Printed on 12/15/2023Page 1 of 3 powered by Legistar™76 File #:23-1060 Agenda Date:12/21/2023 Version:1 Item #:3a. Billboard Project and Related Zoning Amendment Initial Study/Mitigated Negative Declaration, including all appendices thereto; the 2023 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 December 21, 2023 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 and incorporated herein by reference. 2.The Exhibits attached to this Resolution, including the 2015 IS/MND (Exhibit A) and the 2023 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 Chief Planner. B.CEQA Findings 1.The Planning Commission, pursuant to CEQA Guidelines section 15164, subsection (d), has considered the 2023 Addendum prepared for the Project including the related environmental analysis, along with the previously certified 2015 IS/MND. 2.Upon consideration of the 2023 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.As analyzed in the 2023 Addendum, including, for example, as it relates to aesthetics, air quality, transportation, noise, cultural and tribal cultural resources, and biological resources, 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 2023 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 findings and a determination that the Outfront Media Digital Billboard Project at 140 Beacon Avenue is fully within the scope of environmental analysis as described in the 2015 Initial Study/ Mitigated Negative Declaration (IS/MND) and the 2023 Addendum is the appropriate environmental document for approval of the Project and no further environmental review is required. City of South San Francisco Printed on 12/15/2023Page 2 of 3 powered by Legistar™77 File #:23-1060 Agenda Date:12/21/2023 Version:1 Item #:3a. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. City of South San Francisco Printed on 12/15/2023Page 3 of 3 powered by Legistar™78 INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION 101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT PREPARED FOR: CITY OF SOUTH SAN FRANCISCO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT 315 MAPLE AVENUE SOUTH SAN FRANCISCO, CA 94080 PREPARED BY: LAMPHIER – GREGORY 1944 EMBARCADERO OAKLAND, CA 94606 JUNE 2013 79 80 i TABLE OF CONTENTS Introduction to this Document ................................................................................................................. 1 Project Information .................................................................................................................................. 2 Mitigated Negative Declaration ............................................................................................................. 13 Potentially Significant Impacts Requiring Mitigation ........................................................................ 13 Proposed Findings .............................................................................................................................. 17 Initial Study Checklist ............................................................................................................................ 19 Environmental Factors Potentially Affected ....................................................................................... 20 Lead Agency Determination ............................................................................................................... 21 Evaluation of Environmental Impacts ................................................................................................ 22 Aesthetics ....................................................................................................................................... 22 Agricultural and Forest Resources ................................................................................................. 32 Air Quality ..................................................................................................................................... 33 Biological Resources ..................................................................................................................... 37 Cultural Resources ......................................................................................................................... 40 Geology and Soils .......................................................................................................................... 41 Greenhouse Gas Emissions ............................................................................................................ 43 Hazards and Hazardous Materials ................................................................................................. 44 Hydrology and Water Quality ........................................................................................................ 46 Land Use and Planning .................................................................................................................. 48 Mineral Resources ......................................................................................................................... 49 Noise .............................................................................................................................................. 50 Population and Housing ................................................................................................................. 51 Public Services ............................................................................................................................... 52 Recreation ...................................................................................................................................... 53 Transportation/Traffic .................................................................................................................... 54 Utilities and Service Systems ........................................................................................................ 59 Mandatory Findings of Significance .............................................................................................. 60 Document Preparers ............................................................................................................................... 62 Sources ................................................................................................................................................... 62 ATTACHMENTS Attachment A: Biological Impacts Assessment Attachment B: Northwest Information Center Records Search Results 81 ii FIGURES Figure 1: Project Location ................................................................................................................. 7 Figure 2: Proposed Billboard Site Plan ............................................................................................. 9 Figure 3: Proposed Billboard Design .............................................................................................. 11 Figure 4: Existing View from U.S. 101, facing north ..................................................................... 23 Figure 5: Proposed Billboard from U.S. 101, facing north (70’ height) ......................................... 23 Figure 6: Existing View from U.S. 101, facing north ..................................................................... 25 Figure 7: Proposed Billboard from U.S. 101, facing south (70’ height) ......................................... 25 Figure 8: Reduced Height Billboard from U.S. 101, facing north (55’ height) .............................. 27 Figure 9: Reduced Height Billboard from U.S. 101, facing south (55’ height) .............................. 27 82 101 Terminal Court Clear Channel Billboard Project Page 1 INTRODUCTION TO THIS DOCUMENT This document serves as the Initial Study and Mitigated Negative Declaration (IS/MND) for the proposed Project, prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Sections 1500 et seq.). Per CEQA Guidelines (Section 15070), a Mitigated Negative Declaration can be prepared to meet the requirements of CEQA review when the Initial Study identifies potentially significant environmental effects, but revisions in the Project and/or incorporation of mitigation measures would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. This document is organized in three sections as follows: Introduction and Project Information. This section introduces the document and discussed the project description including location, setting, and specifics of the lead agency and contacts. Mitigated Negative Declaration. This section lists the impacts and mitigation measures identified in the Initial Study and proposes findings that would allow adoption of this document as the CEQA review document for the proposed project. Initial Study Checklist. This section discusses the CEQA environmental topics and checklist questions and identifies the potential for impacts and proposed mitigation measures to avoid these impacts. 83 Page 2 101 Terminal Court Clear Channel Billboard Project PROJECT INFORMATION 1. Project Title: 101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment 2. Lead Agency Contact: City of South San Francisco Gerry Beaudin, Principal Planner Department of Economic and Community Development City of South San Francisco 315 Maple Avenue South San Francisco, CA 94083 650-877-8535 or gerry.beaudin@ssf.net 3. Project Location: In the Park N Fly parking lot at 101 Terminal Court (APN 015-116-240) adjacent to highway 101 in South San Francisco. 4. Project Applicant's Name and Address: Patrick Powers Clear Channel Outdoor, Inc. Northern California Division 555 12th Street, Suite 950 Oakland, CA 94607 (510) 835-5900 x7219 5. General Plan Designation: Community Commercial 6. Zoning: Freeway Commercial (FC) 7. Site and Vicinity: The regional location is shown in Figure 1 and the specific location on this site is shown on Figure 2. The Project site is located within the paved parking area operated privately by Park N Fly as off-site airport parking. An approximately 40-foot wide landscape strip is located between the Project site and the highway to the east, consisting largely of shrubs and grasses. Farther east, at approximately 275 feet to the other side of the highway, is located a commercial complex with some retail and hotels. Beyond that are largely industrial uses and Research and Development/office complexes. The site is bordered to the west by the Golden Gate Produce Terminal, which houses multiple produce purveyors in two large buildings. A separate off-site airport parking use is located farther to the north. The Park N Fly site extends for nearly 800 feet to the south from the location of the billboard. At the southern boundary of the site is an approximately 150-foot wide unnamed channel and buffer area, on the other side of which is located light industrial and retail uses. The closest residential areas are located approximately 2,300 feet to the southwest, 3,000 feet to the northwest and 3,800 feet to the south. There are no residences in the vicinity to the east. 8. Project Description: Digital Billboard The Project involves construction and operation of one new double-sided outdoor advertising LED billboard located in South San Francisco, California. The billboard is proposed to reach a maximum height of 70 feet. It is possible that, through the City approval process, including the design review, the billboard height could be reduced. Reduced height is discussed in the Aesthetics section. An “LED billboard” consists of a display surface that supports an image generated by rows of light 84 101 Terminal Court Clear Channel Billboard Project Page 3 emitting diodes (LED). The image on the billboard is static for a period of time, not less than eight seconds, before cycling to the next image. Operational details provided by the applicant include the following: Each LED display would be 48 feet wide by 14 feet tall mounted on a column so that the overall height is approximately 70 feet above grade. The two display faces will be oriented in a “V” shape such that the displays face the two directions of highway traffic. The design of the billboard is shown in Figures 2 and 3. Brightness of each digital display: Lighting levels on each face of the digital billboard will not exceed 0.3 foot candles over ambient levels, as measured using a foot candle meter at a 250’ distance according to the guidelines of the Outdoor Advertising Association of America (OAAA). Power: Central breaker panel with a primary feed of 200 amps at 120/240 single phase or 200 amps at 208Y/120 three phase primary feed; electrical connections would be UL and IEC- approved. Signage would be controlled remotely and would have remote maintenance software, and the applicant will immediately shut off, or go to “full black” in the event of a malfunction. Light sensors would be installed with each face of the billboard to measure ambient light levels and to adjust light intensity to respond to such conditions. Currently, “beehive” light sensor enclosures are utilized, incorporating two light sensors into the enclosure. The billboard will be programmed for nighttime reduced (4 percent of peak power) power operation. LED lighting has a directional nature and the projected viewing angle values for the proposed billboard is ± 30° vertically and ± 60° horizontally. Shaders will be located above each row of LEDs to prevent light from projecting upward into the sky. Zoning Code Amendment Digital billboards are currently not allowed under the City’s Zoning Code. Because a Zoning Code amendment is required for approval of the proposed billboard, this amendment, including the following assumptions, has been included as part of the Project description analyzed in this document. While the final wording of the amendment was not available at the time of drafting of this report, the City’s intent is that no more than 3 digital billboards could be allowed along the highway in conjunction with negotiated Relocation Agreements. The location of proposed digital billboards would be constrained to the western side of the highway between Sister Cities Boulevard and the City’s southern boundary and otherwise following billboard locating restrictions (such as Caltrans rule of 500 feet between billboards, discussed in more detail under item 11, Regulatory Provisions). Approval and construction of any digital billboard would require a negotiated Relocation Agreement involving removal of multiple similarly-sized existing billboards within the City. Construction of the Billboard The following information regarding the process involved in installing a digital billboard is based on discussions with representatives of Clear Channel, and is the process typically followed. The following description of activities has been included here as general project information, and has been used as the basis for evaluating potential construction-period impacts for air quality and noise. The specifics of the procedure could be modified if recommended by the structural engineer based upon the results of a site-specific soil study. The construction would be subject to the Building Code, and a Building Permit would be required for construction activities. The construction typically proceeds as described below. Day 1: On the first day at the site, a crew arrives with a drilling rig and drills a hole 5’ in diameter and 85 Page 4 101 Terminal Court Clear Channel Billboard Project 32’ deep. A trench plate is placed over the hole before the crew leaves the site. Day 2: The column for the billboard is delivered to the site. The column is typically 42” in diameter. The column is lifted into place in the foundation hole by a crane, and is maintained in place by I- beams that are welded to the column. A building inspection is required at this point, and the company attempts to arrange for the inspection early enough in the day to allow pouring of concrete on Day 2. Day 5: After the concrete cures for three days, the crew returns to the site. The I-beam welds are ground off and the I-beams removed. The upper structure components are delivered to the site and assembled on the ground by the crew (usually 4-5 persons). The crane returns to the site and lifts the upper structure into place atop the column. Electrical service: Arrangements to extend electrical service to the site are made in advance of the construction activities. Underground electrical service will be extended to the billboard through trenching, using a sleeve that will accommodate the electrical service inside a concrete foundation. The typical electrical service is 200 amps for single phase, and 100 amps for 3-phase. 9. Required Approvals: Approval of the Project will require a Zoning Code amendment, Relocation Agreement, and Design Review from the City of South San Francisco. Additionally, the following reviews and approvals would be required: Appropriate clearance through Caltrans is also required for highway-oriented signs. This may require a relocation agreement if the freeway segment is determined to be classified as a “landscaped freeway” (as discussed under Regulatory Provisions). Construction activities will require appropriate administrative permits. The City and applicant may also enter into a Development Agreement. 10. Regulatory Provisions: The following regulations are applicable to installation of billboards and compliance has been assumed in analysis of this Project. Federal The federal Highway Beautification Act of 1965 (23 U.S.C. 131) provides for control of outdoor advertising, including removal of certain types of signs, along the interstate highway system. The Act is enforced by the Federal Highway Administration (FHWA). As part of its enforcement effort, FHWA has entered into agreements regarding the Act with state departments of transportation. The agreements with California are described under the State provisions, below. State The California Department of Transportation (Caltrans) is involved in the control of “off-premise” displays along state highways. Such displays advertise products or services of businesses located on property other than the display. Caltrans does not regulate on-premise displays. (Caltrans Landscape Architecture Program, 2008) California has entered into two agreements with FHWA as part of the implementation of the Highway Beautification Act: one dated May 29, 1965, and a subsequent agreement dated February 15, 1968. The agreements generally provide that the State will control the construction of all outdoor advertising signs, displays and devices within 660 feet of the interstate highway right-of-way. The agreements provide that such signs shall be erected only in commercial or industrial zones and are subject to the following restrictions: No signs shall imitate or resemble any official traffic sign, signal or device, nor shall signs obstruct or interfere with official signs; No signs shall be erected on rocks or other natural features; 86 101 Terminal Court Clear Channel Billboard Project Page 5 Signs shall be no larger than 25 feet in height and 60 feet in width, excluding border, trim and supports; Signs on the same side of the freeway must be separated by at least 500 feet; and Signs shall not include flashing, intermittent or moving lights, and shall not emit light that could obstruct or impair the vision of any driver. California regulates outdoor advertising in the Outdoor Advertising Act (Business and Professions Code, Sections 5200 et seq.) and the California Code of Regulations, Title 4, Division 6 (Sections 2240 et seq.), which incorporate the Federal Highway Beautification Act by reference. Caltrans enforces the law and regulations. Caltrans requires applicants for new outdoor lighting to demonstrate that the owner of the parcel consents to the placement of the sign, that the parcel on which the sign would be located is zoned commercial or industrial, and that local building permits are obtained and complied with. A digital billboard is identified as a “message center” in the statute, which is an advertising display where the message is changed more than once every two minutes, but no more than once every four seconds. (Business and Professions Code, Section 5216.4) In brief, off-premises changeable electronic variable message signs (CEVMS) adjacent to controlled routes shall incorporate standards pertaining to: 1. Duration of Message 2. Transition Time 3. Brightness 4. Spacing 5. Locations Most importantly as a result of FHWA recommendations, to ensure driver safety, no billboard manufacturers presently use moving displays or less than a 4 second duration time between messages. Some freeways are classified as “landscaped freeways.” A landscaped freeway is defined as one that is now, or may in the future be, improved by the planting of lawns, trees, shrubs, flowers or other ornamental vegetation requiring reasonable maintenance on one or both sides of the freeway (Government Code §5216). Off-premise displays are not allowed along landscaped freeways except when approved as part of Relocation Agreements pursuant to §5412 of the Outdoor Advertising Act. It appears the Project site is within a segment of U.S. 101 which is considered a classified landscaped freeway, though such a determination would be made during the approval process with Caltrans.1 The Outdoor Advertising Act contains a number of provisions relating to the construction and operation of billboards: The sign must be constructed to withstand a wind pressure of 20 pounds per square feet of exposed surface (§5401); No sign shall display any statements or words of an obscene, indecent or immoral character (§5402); No sign shall display flashing, intermittent or moving light or lights (§5403(h)); Signs are restricted from areas within 300 feet of an intersection of highways or of highway and railroad right-of-ways, but a sign may be located at the point of interception, as long as a clear 1 California Department of Transportation, July 13, 2011, Classified “Landscape Freeways”, available at http://www.dot.ca.gov/hq/LandArch/lsfwy/pdf/class_ls_fwy.pdf. 87 Page 6 101 Terminal Court Clear Channel Billboard Project view is allowed for 300 feet, and no sign shall be installed that would prevent a traveler from obtaining a clear view of approaching vehicles for a distance of 500 feet along the highway (§5404); and Message center signs may not include any illumination or message change that is in motion or appears to be in motion or that change or expose a message for less than four seconds. No message center sign may be located within 500 feet of an existing billboard, or 1,000 feet of another message center display, on the same side of the highway (§5405). Additional restrictions on outdoor signage are found in the California Vehicle Code. Section 21466.5 prohibits the placing of any light source “…of any color of such brilliance as to impair the vision of drivers upon the highway.” Specific standards for measuring light sources are provided. The restrictions may be enforced by Caltrans, the California Highway Patrol or local authorities. 88 101 Terminal Court Clear Channel Billboard Project Page 7 Figure 1: Project Location Source: Google Inc., Google Earth imagery date 10/31/2011, with project location noted by Lamphier-Gregory. Proposed Billboard 89 Page 8 101 Terminal Court Clear Channel Billboard Project This page intentionally left blank 90 101 Terminal Court Clear Channel Billboard Project Page 9 Figure 2: Proposed Billboard Site Plan Source: Vincent Kevin Kelly & Assoc., Inc. for the applicant, dated May 1, 2012 91 Page 10 101 Terminal Court Clear Channel Billboard Project This page intentionally left blank 92 101 Terminal Court Clear Channel Billboard Project Page 11 Figure 3: Proposed Billboard Design Source: Vincent Kevin Kelly & Assoc., Inc. for the applicant, dated May 1, 2012 Notes: The specifics of the decorative pole cover could be revised per the design review process. The design review/approval process could also result in a lowered overall height, potentially a 55’ total height. The 70’ height was utilized in this analysis because it is the maximum height that is being considered. See the Aesthetics section for a discussion and visual modeling of both the 70’ and 55’ overall heights. 93 Page 12 101 Terminal Court Clear Channel Billboard Project This page intentionally left blank 94 101 Terminal Court Clear Channel Billboard Project Page 13 MITIGATED NEGATIVE DECLARATION PROJECT DESCRIPTION, LOCATION, AND SETTING This Mitigated Negative Declaration has been prepared for the 101 Terminal Court Clear Channel Billboard Project and related code amendments. See the Introduction and Project Information section of this document for details of the Project. POTENTIALLY SIGNIFICANT IMPACTS REQUIRING MITIGATION The following is a list of potential Project impacts and the mitigation measures recommended to reduce these impacts to a less-than-significant level. Refer to the Initial Study Checklist section of this document for a more detailed discussion. _____________________________________________________________________________________ The digital billboard technology has the potential to operate at levels brighter than those specified as the operational limits. Impacts would remain less than significant under specified operating conditions, which are required to be tested under Mitigation Measure Visual-1, below. Mitigation Measure Visual-1: Billboard Brightness Field Testing. The Applicant shall demonstrate through field testing compliance with a 0.3 footcandle increase over ambient light at 250 feet during nighttime conditions upon initial start-up, at 6 months of operation and at the request of the City for the life of the billboard. The Applicant shall fund field testing by an independent contractor or City staff trained in the use of a handheld photometer to demonstrate continued compliance. The City shall consider citizen complaints consisting of direct personal impacts as cause for requesting field testing. If increases in ambient light are found to be above the 0.3 footcandle level, the dimming level shall be adjusted until this level can be demonstrated. This must be completed and demonstrated through follow-up field testing within 24 hours or the billboard shall not be operated until the lighting levels can be brought into compliance. If no above-threshold levels have been measured in the prior three tests, field testing shall be requested no more often than twice yearly. Otherwise, field tests can be requested up to once monthly. _____________________________________________________________________________________ Project air quality emissions would be below applicable threshold levels. However, the local Air District, BAAQMD, recommends implementation of construction mitigation measures to reduce construction- related emissions and fugitive dust for all projects. These basic measures are included in Mitigation Measure Air-1, below and would further reduce already less than significant construction-period criteria pollutant impacts. Mitigation Measure Air-1: Basic Construction Management Practices. The Project shall demonstrate proposed compliance with all applicable regulations and operating procedures prior to issuance of demolition, building or grading permits, including implementation of the following BAAQMD “Basic Construction Mitigation Measures”: i) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 95 Page 14 101 Terminal Court Clear Channel Billboard Project ii) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. iii) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. iv) All vehicle speeds on unpaved roads shall be limited to 15 mph. v) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. vi) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. vii) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. viii) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. _____________________________________________________________________________________ Given the site characteristics, coupled with the regional archaeological sensitivity, there is a moderate potential of unrecorded Native American resources (especially buried deposits with no surface indications) within the proposed Project area. If present, these would be located below any artificial fill at the surface, but potentially within the 35 foot depth of the proposed disturbance. Preparation and implementation of a cultural monitoring and mitigation plan would assure that discovery of any cultural resources would be identified and treated appropriately and therefore that any impact in this regard would be less than significant. Mitigation Measure Cultural-1: Cultural Monitoring and Mitigation Plan. The Project applicant shall fund preparation and implementation of a cultural monitoring and mitigation plan by a qualified archaeologist to address the potential for presence and disturbance of Native American archaeological resources or remains during excavation of the billboard pole footing. This will include at a minimum monitoring during excavation of the billboard pole footing and may also include but is not limited to additional archival research, hand auger sampling, shovel test units, geoarchaeological analysis, or other common methods used to identify the presence of archaeological resources to be determined per the recommendation of the qualified archaeologist. The archaeologist and construction contractors shall follow the appropriate procedures should any cultural resources or human remains be discovered during ground disturbance. _____________________________________________________________________________________ The site has not been assessed for the potential presence of hazardous materials. During the installation process of the billboard, holes would be drilled and the excavated soil would be transported offsite. The Project will also include trenching to connect to electrical supply. With implementation of Mitigation Measure Haz-1, the site will be assessed for the presence of hazardous materials prior to construction activities, which, if present, would be handled appropriately to ensure the impact would remain less than significant. 96 101 Terminal Court Clear Channel Billboard Project Page 15 Mitigation Measure Haz-1: Phase I and/or Phase II Reports. Prior to issuance of construction permits, the City of South San Francisco shall require the Project applicant to submit a Phase I environmental site assessment report, and a Phase II report if warranted by the Phase I report for the Project site. The reports shall make recommendations for remedial action in accordance with State and Federal laws, if appropriate, and should be signed by a Registered Environmental Assessor, Professional Geologist, or Professional Engineer. The Applicant shall comply with these recommendations. Mitigation Measure Haz-2: E-Waste Disposal. Electronic components of the billboard may contain materials considered “e-waste” when disposed of due to potentially hazardous metals, flame retardants, and other chemicals. The operator shall be required to follow applicable regulations regarding proper disposal and/or recycling, as appropriate, as components are replaced or removed over time. _____________________________________________________________________________________ Significant effects could occur if the proposed digital billboard did not comply with restrictions regarding location, intensity of light, light trespass, or other restrictions or includes visual effects or driver interaction that would cause driver distraction. With implementation of these Mitigation Measures Traf- 1and Traf-2, the City will receive accurate information from the operator regarding compliance on an ongoing basis to ensure that impacts on transportation and traffic safety would be less than significant. Mitigation Measure Traf-1: Annual Report. The operator of the digital billboard shall submit to the City, within thirty days following June 30 of each year, a written report regarding operation of each digital billboard during the preceding period of July 1 to June 30. The operator may submit a combined report for all such digital billboards operated by such operator within the City limits. The report shall, when appropriate, identify incidents or facts that relate to specific digital billboards. The report shall be submitted to the Director of the Economic and Community Development Department and shall include information relating to the following: a. Status of the operator’s license as required by California Business and Professions Code §§5300 et seq.; b. Status of the required permit for individual digital billboards, as required by California Business and Professions Code §§5350 et seq.; c. Compliance with the California Outdoor Advertising Act, California Business and Professions Code §§5200 and all regulations adopted pursuant to such Act; d. Compliance with California Vehicle Code §§21466.5 and 21467; e. Compliance with provisions of written agreements between the U.S. Department of Transportation and the California Department of Transportation pursuant to the federal Highway Beautification Act (23 U.S.C. §131); f. Compliance with mitigation measures identified in the Mitigated Negative Declaration adopted as part of Project approval; g. Each written or oral complaint received by the operator, or conveyed to the operator by any government agency or any other person, regarding operation of each digital billboard included in the report; h. Each malfunction or failure of each digital billboard included in the report, which shall include only those malfunctions or failures that are visible to the 97 Page 16 101 Terminal Court Clear Channel Billboard Project naked eye, including reason for the malfunction, duration and confirmation of repair; and i. Operating status of each digital billboard included in the report, including estimated date of repair and return to normal operation of any digital billboard identified in the report as not operating in normal mode. Mitigation Measure Traf-2: Operational Safety. The operation of the digital billboard shall comply with the following at all times: a. No special visual effects that include moving or flashing lights shall accompany any message or the transition between two successive messages; b. The operator shall not install or implement any technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to a radio frequency identification device, geographic positions system, or other device without prior approval of the City of South San Francisco, taking into consideration technical studies and CalTrans or US DOT policies and guidance available at the time of the request. 98 101 Terminal Court Clear Channel Billboard Project Page 17 PROPOSED FINDINGS The City of South San Francisco has determined that with the implementation of mitigation measures identified in this Mitigated Negative Declaration, the proposed Project will not have a significant effect on the environment. If this Mitigated Negative Declaration is adopted by the City of South San Francisco, the requirements of CEQA will be met by the preparation of this Mitigated Negative Declaration and the Project will not require the preparation of an Environmental Impact Report. This decision is supported by the following findings: a. The Project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels or threaten to eliminate a plant or animal community. It does not reduce the number or restrict the range of a rare or endangered plant or animal. It does not eliminate important examples of the major periods of California history or pre-history, since there is no identified area at the Project site which is habitat for rare or endangered species, or which represents unique examples of California history or prehistory. The Project does not have any significant, unavoidable adverse impacts. Implementation of specified mitigation measures will avoid or reduce the effects of the Project on the environment and thereby avoid any significant impacts. b. The Project does not involve impacts which are individually limited but cumulatively considerable, because the described Project will incorporate mitigation measures to avoid significant impacts of the Project in the context of continued growth and development in the City of South San Francisco. c. The Project does not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly, because all adverse effects of the Project will be mitigated to less than significant levels. 99 Page 18 101 Terminal Court Clear Channel Billboard Project This page intentionally left blank 100 101 Terminal Court Clear Channel Billboard Project Page 19 INITIAL STUDY CHECKLIST ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Environmental factors that may be affected by the Project are listed alphabetically below. Factors marked with an “X” () were determined to be potentially affected by the Project, involving at least one impact that required mitigation to reduce the impact to less than significant levels, as indicated in the Environmental Evaluation Form Checklist and related discussion that follows. Unmarked factors () were determined to not be significantly affected by the Project, based on discussion provided in the Checklist, including the application of mitigation measures which the applicant has agreed to implement. Aesthetics Agricultural and Forest Resources Air Quality Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards/Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance There are no impacts that would remain significant with implementation of the identified mitigation measures. 101 102 101 Terminal Court Clear Channel Billboard Project Page 21 EVALUATION OF ENVIRONMENTAL EFFECTS The Checklist portion of the Initial Study begins below, with explanations of each CEQA issue topic. Four outcomes are possible, as explained below. 1. A “no impact” response indicates that no action that would have an adverse effect on the environment would occur due to the Project. 2. A “less than significant” response indicates that while there may be potential for an environmental impact, there are standard procedures or regulations in place, or other features of the Project as proposed, which would limit the extent of this impact to a level of “less than significant.” 3. Responses that indicate that the impact of the Project would be “less than significant with mitigation” indicate that mitigation measures, identified in the subsequent discussion, will be required as a condition of Project approval in order to effectively reduce potential Project-related environmental effects to a level of “less than significant.” 4. A “potentially significant impact” response indicates that further analysis is required to determine the extent of the potential impact and identify any appropriate mitigation. If any topics are indicated with a “potentially significant impact,” these topics would need to be analyzed in an Environmental Impact Report. Note that this document does not indicate that any environmental topics would be considered to be “potentially significant” after application of mitigation measures identified in this document and as agreed to by the Project applicant. 103 Page 22 101 Terminal Court Clear Channel Billboard Project 1. AESTHETICS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a) Scenic Vistas. The site and surrounding area is predominately developed with industrial uses and is not a scenic resource or vista. The Project is located on a flat area near the highway with no substantial views of the Bay from or across the site. Sign Hill, which contains the prominent concrete “South San Francisco The Industrial City” sign on the hillside, and San Bruno Mountain are visible from U.S. 101 across the site to the north. Distant views of the ridge along Skyline Boulevard are visible from U.S. 101 across the site to the south/southwest. Figures 4 and 6 show existing views from U.S. 101 toward the site to the north and south and Figures 5 and 7 show visual models of the proposed billboard in these views. Views toward Sign Hill, San Bruno Mountain and the Skyline Boulevard ridge from U.S. 101 are already partially and intermittently obscured by existing development, signage and landscaping. As can be inferred from these figures, the proposed billboard would contribute to temporary obstruction of these views as a driver progresses toward and past the billboard. There are no specific policies to protect views of Sign Hill from U.S. 101 and neither Sign Hill, San Bruno Mountain, nor Skyline Boulevard ridge are designated as scenic vistas or scenic views. The locations from which views are affected are not places where people would specifically gather in order to gain a view of these landmarks. Blockage of views toward San Bruno Mountain and Skyline Boulevard ridge would not be considered a potentially significant environmental impact. However, Sign Hill is identified as a national historic landmark and regional landmark that is clearly visible to travelers on nearby freeways, so is considered a scenic resource for purposes of this analysis. 2 The proposed billboard would contribute to blockage of views toward Sign Hill from the point of view of a vehicle driving north along U.S. 101. This interruption of views would be temporary in that the billboard would only block views for a short period as the vehicle progresses toward the billboard. Signs in this area are not uncommon though cumulative blockage of views would be intermittent, as views toward Sign Hill would be available between signs as a vehicle progresses north. Figures 8 and 9 additionally show the billboard at a height of only 55’, which is currently being considered as a modification to the Project. While these are static photos, it is important to consider the perception of relative size. As a person approaches an object, the object’s perceived size will 2 City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan, 1999, p. 240. 104 101 Terminal Court Clear Channel Billboard Project Page 23 Figure 4: Existing View from U.S. 101, facing north Figure 5: Proposed Billboard from U.S. 101, facing north (70’ height) 105 Page 24 101 Terminal Court Clear Channel Billboard Project This page intentionally left blank 106 101 Terminal Court Clear Channel Billboard Project Page 25 Figure 6: Existing View from U.S. 101, facing south Figure 7: Proposed Billboard from U.S. 101, facing south (70’ height) 107 Page 26 101 Terminal Court Clear Channel Billboard Project This page intentionally left blank 108 101 Terminal Court Clear Channel Billboard Project Page 27 Figure 8: Reduced Height Billboard from U.S. 101, facing north (55’ height) Figure 9: Reduced Height Billboard from U.S. 101, facing south (55’height) 109 Page 28 101 Terminal Court Clear Channel Billboard Project This page intentionally left blank 110 101 Terminal Court Clear Channel Billboard Project Page 29 increase. This is why a person standing across a football field from you can be covered in your vision by your own outstretched hand. We perceive something farther away as smaller (and therefore shorter). In the case of this Project, the nearer object (the billboard) will appear to grow taller relative to the more distant object (Sign Hill) as it is approached. At a height of 55’, the proposed billboard would still be tall enough to block views toward Sign Hill from U.S. 101, though the lane position and distance of the vehicle from the billboard would be different than where the blockage would occur for a billboard at a 70’ height. Because a lower billboard would be observed as tall enough to block views when the observer is closer to it than a 70’ billboard, a marginally shorter time would pass during which views are blocked for the 55’ billboard. Therefore, it can be assumed that this height reduction would result in a similar, though marginally reduced impact to an already less than significant impact on Sign Hill views. The Project also includes amending the Zoning Code to potentially allow up to 3 digital billboards, including this one, along the western side of U.S. 101 within the city limits through Relocation Agreements. With Relocation Agreements, billboards could be located as close together as 500 feet and digital billboards as close as 1,000 feet to each other. The two additional allowable digital billboards could contribute to intermittent blockage of views toward Sign Hill. The specific proposals for the other two billboards have not yet been submitted and would have to undergo appropriate review. However, any proposed billboards would be required to conform to Caltrans spacing regulations, which would ensure space between signs and therefore only intermittent blockage of views would result. Taking both the regulatory and specific locational/scenic context into account, as well as the temporary and intermittent nature of the obstruction from the point of view of a moving vehicle, the Project’s impact on scenic vistas, including views of Sign Hill from U.S. 101, would be considered a less than significant impact. The City and applicant are considering a reduced height billboard, which would reach a maximum height of 55’ instead of the proposed 70’. Reducing the height would result in impacts that are similar to the Project at the proposed height and would not require additional environmental review. A reduced height billboard would marginally reduce an already less-than-significant impact related to blockage of views toward Sign Hill. b) Scenic Highways. U.S. 101 is not a designated or eligible State Scenic Highway corridor in the vicinity of the Project nor is it identified as a scenic corridor in the South San Francisco General Plan.3 The Project would have no impact on a state scenic highway or scenic resources viewable from such a highway. c) Visual Character. The proposed digital billboard site is located along a freeway in the Lindenville area of South San Francisco, which is characterized by warehousing and distribution and light industrial uses including storage, automobile repair, manufacturing, and small business parks. The Project site and surrounding area is anticipated in the General Plan to ultimately transition to Regional Commercial uses. The new billboard would be visible primarily to drivers along U.S. 101 as well as adjacent and across- highway industrial, hotel, and commercial uses. It is expected the billboard would be visible in some mid- and long-range views from farther commercial and residential areas that are high enough to have views across the area. The vicinity where the billboard is proposed already supports some highway- oriented on-site signage, billboards, and roadway signage. The proposed billboard is not inconsistent with the character of the area in which it is proposed. 3 California Department of Transportation, State Scenic Highway Mapping System, http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm 111 Page 30 101 Terminal Court Clear Channel Billboard Project Additionally, City staff will review the proposed design as part of the approval process, and design parameters would be imposed by the City. Therefore, given the context of the proposed billboard, the impact related to degrading visual character would be considered less than significant. The additional two digital billboards, including a maximum of four billboard faces, that could be allowed under the Zoning Code amendment would be constrained to the western side of U.S. 101 adjacent to the freeway and between Sister Cities Boulevard and the southern boundary of the City. There are numerous commercial or industrial areas in which they could be located, particularly considering relocation or removal of existing billboards. There is no current proposal for the additional billboards, so the specific locations cannot be analyzed. If/when additional digital billboards are proposed, the City would perform the appropriate review. The Zoning Code amendment that could allow two additional digital billboards would not change this impact conclusion. It is also important to note that under the proposed Zoning Amendment, a digital billboard would only be allowed pursuant to a Relocation Agreement, which would result in the removal of one or more other billboards within the City for each proposed digital billboard. This could result in a net reduction in the total number of billboards within the City. d) Light and Glare. Digital billboards rely on LED technology to display messages on a lit screen. The lighting is designed to make the message displays visible to passing motorists. The brightness of the LED display on the billboard face is subject to adjustment based on ambient conditions monitored by multiple light sensors. The display, for example, is brighter in the daytime than in darkness, and responds to changes in the ambient light conditions. Restrictions on digital billboards, imposed and enforced by Caltrans, preclude lighting that would be directed at motorists that is so directed or intense that it could blind or confuse drivers, or create conditions that make recognition of the roadway or official signage difficult. Caltrans has imposed these restrictions for traffic safety reasons, and they are discussed in more detail in the Transportation section. The resulting controls, however, effectively regulate light and glare to ensure that the operation of any digital billboard does not create a substantial new source of light or glare. The billboards would also comply with guidelines of the Outdoor Advertising Association of America (OAAA). These guidelines specify that lighting levels from a digital billboard will not exceed 0.3 footcandles over ambient levels, as measured using a footcandle meter at a pre-set distance based on the size of the billboard face. For the 14’ by 48’ billboards, this would be 250 feet.4 It is anticipated that the illuminance would be negligible beyond 500 feet.5 The Illuminating Engineering Society of North America (IESNA) Lighting Handbook 10th Edition recommendations are in units of “nits,” which are appropriate when light is being bounced off a surface, as is the case with a conventional billboard, but is not the case with an LED billboard. With assumptions about content, “nits” and footcandles can be converted for comparison of LED illuminance to conventional billboard luminance. Conversion of nits using conservative assumptions (80% reflectance) and IESNA Handbook recommendations for bright surrounds results in recommendations of 0.256 footcandles at 250 feet. This is similar to digital billboard-specific recommendations of 0.3 footcandles. 6 4 According to OAAA Methodology to Determine Billboard Luminance Levels, provided by Clear Channel. 5 OAAA prepared by Light Sciences Inc., November 29, 2006, Comparison of Digital and Conventional Billboards. 6 OAAA prepared by Light Sciences Inc., November 29, 2006, Comparison of Digital and Conventional Billboards. 112 101 Terminal Court Clear Channel Billboard Project Page 31 The value of 0.3 footcandles is utilized here because, while relatively low, it is practical to measure with a handheld photometer and therefore to verify following installation and during operation. This 0.3 footcandle level would be perceptible, but at the low end, to the human eye, over ambient light on a surface. It would be equivalent to average residential street illumination provided by low wattage street lights (i.e., similar to ambient conditions in the vicinity). Mitigation Measure Visual-1: Billboard Brightness Field Testing. The Applicant shall demonstrate through field testing compliance with a 0.3 footcandle increase over ambient light at 250 feet during nighttime conditions upon initial start-up, at 6 months of operation and at the request of the City for the life of the billboard. The Applicant shall fund field testing by an independent contractor or City staff trained in the use of a handheld photometer to demonstrate continued compliance. The City shall consider citizen complaints consisting of direct personal impacts as cause for requesting field testing. If increases in ambient light are found to be above the 0.3 footcandle level, the dimming level shall be adjusted until this level can be demonstrated. This must be completed and demonstrated through follow-up field testing within 24 hours or the billboard shall not be operated until the lighting levels can be brought into compliance. If no above-threshold levels have been measured in the prior three tests, field testing shall be requested no more often than twice yearly. Otherwise, field tests can be requested up to once monthly. There are no residences within 500 feet of the proposed billboard, at which point the increases in illuminance would be negligible. Hotel uses are located between 250 and 500 feet from the billboard, where illuminance increases from the billboard would be barely perceptible and consistent with the existing urban conditions. With implementation of Mitigation Measure Visual-1, light levels from the proposed billboard will be assured to remain at these low levels and potential impacts related to light and glare would be less than significant. The additional two digital billboards that could be allowed under the Zoning Code amendment through Relocation Agreements could be as close as 500 feet to the currently proposed billboard. As noted above, the increase in illuminance is negligible at 500 feet and barely perceptible at 250 feet. The potential for multiple digital billboards in the future, as allowed under the Zoning Code amendment, would not substantially contribute to cumulative light and glare impacts and would not change the impact conclusion. The specific locations of the other two billboards are not yet proposed. Billboard-specific light and glare impacts of these future billboards would need to be assessed in respect to any light-sensitive uses in their vicinity. 113 Page 32 101 Terminal Court Clear Channel Billboard Project 2. AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production(as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? a-e) Agriculture and Forestry Resources. The Project site is located in a developed urban area adjacent to a highway. No part of the site is zoned for or currently being used for agricultural or forestry purposes or are subject to the Williamson Act. There would be no impact to agriculture and forestry resources as a result of this Project. 114 101 Terminal Court Clear Channel Billboard Project Page 33 3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) Air Quality Plan. The Project site is subject to the Bay Area Clean Air Plan, first adopted by the Bay Area Air Quality Management District (BAAQMD) (in association with the Metropolitan Transportation Commission and the Association of Bay Area Governments) in 1991 to meet state requirements and those of the Federal Clean Air Act. As required by state law, updates are developed approximately every three years. The plan is meant to demonstrate progress toward meeting the ozone standards, but also includes other elements related to particulate matter, toxic air contaminants, and greenhouse gases. The latest update to the plan, which was adopted in September 2010, is called the Bay Area 2010 Clean Air Plan. A project would be judged to conflict with or obstruct implementation of the regional air quality plan if it would be inconsistent with regional growth assumptions or implementation of control strategies. The Project would have no effect on growth of population or vehicle travel and the Clean Air Plan does not recommend measures directly applicable to this type of use. The Project, therefore, would be generally consistent with the Clean Air Plan and have a less than significant impact in this regard. b-c) Air Quality Standards/Criteria Pollutants. Ambient air quality standards have been established by state and federal environmental agencies for specific air pollutants most pervasive in urban environments. These pollutants are referred to as criteria air pollutants because the standards established for them were developed to meet specific health and welfare criteria set forth in the enabling legislation and include ozone (O3) precursors (NOx and ROG), carbon monoxide (CO), and suspended particulate matter (PM10 and PM2.5). The Bay Area is considered “attainment” for all of the national standards, with the exception of ozone. It is considered “nonattainment” for State standards for ozone and particulate matter. Past, present and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant.7 7 BAAQMD, May 2011, California Environmental Quality Act Air Quality Guidelines, p. 2-1. 115 Page 34 101 Terminal Court Clear Channel Billboard Project BAAQMD’s updated CEQA Guidelines including thresholds of significance were adopted on June 2, 2010. On March 5, 2012 the Alameda County Superior Court issued a judgment finding that BAAQMD had failed to comply with CEQA when it adopted its 2010 Thresholds. The court did not determine whether the Thresholds were valid on the merits, but found that the adoption of the Thresholds was a project under CEQA. The court issued a writ of mandate ordering BAAQMD to set aside the Thresholds and cease dissemination of them until BAAQMD had complied with CEQA. The 2010 Thresholds are more conservative than the previous 1999 version and have been used in this analysis for a conservative determination of impact significance. Current thresholds of significance for Criteria Air Pollutants are set by BAAQMD as summarized below: BAAQMD CRITERIA POLLUTANT THRESHOLDS OF SIGNIFICANCE Pollutant Construction-Related Operational-Related Average Daily Emissions (lbs./day) Average Daily Emissions (lbs./day) Maximum Annual Emissions (tpy) ROG 54 54 10 NOX 54 54 10 PM10 82 (exhaust only) 82 15 PM2.5 54 (exhaust only) 54 10 PM10/PM2.5 (fugitive dust) Best Management Practices None Source: BAAQMD Adopted Air Quality CEQA Thresholds of Significance - June 2, 2010 Project-related air quality impacts fall into two categories: short-term impacts that would occur during construction of the Project and long-term impacts due to Project operation. Construction Emissions BAAQMD presents screening criteria in their CEQA Guidelines that identify project sizes by type that could have the potential to result in emissions over criteria levels. For example, this table includes a construction-period criteria pollutant screening level of 114 single family dwelling units or 277,000 square feet of retail uses.8 While construction of billboards is not specifically listed on this screening table, it can be reasonably concluded from a comparison to the entries on this table that the minimal construction activities required for this Project, including only a few days of activity, would be well below threshold levels. However, BAAQMD recommends implementation of construction mitigation measures to reduce construction-related emissions and fugitive dust for all projects, regardless of the significance level of construction-period impacts. These basic measures are included in Mitigation Measure Air-1, below and would further reduce construction-period criteria pollutant impacts. Mitigation Measure Air-1: Basic Construction Management Practices. The Project shall demonstrate proposed compliance with all applicable regulations and operating procedures prior to issuance of demolition, building or grading permits, including implementation of the following BAAQMD “Basic Construction Mitigation Measures”. i) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. ii) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 8 BAAQMD, May 2011, California Environmental Quality Act Air Quality Guidelines, pp. 3-2 to 3-3. 116 101 Terminal Court Clear Channel Billboard Project Page 35 iii) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. iv) All vehicle speeds on unpaved roads shall be limited to 15 mph. v) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. vi) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. vii) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. viii) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Operational Emissions Similar to the analysis for construction-period impacts above, the Project was compared to BAAQMD screening criteria for operational pollutants. As it relates to operational pollutants, this table includes screening levels of 325 single family dwelling units or 99,000 square feet of regional shopping center uses.9 These example uses would utilize over 1,000,000 kilowatt-hours per year.10 In 2010 (the most recent data available), Clear Channel billboards average annual usage for double- sided digital billboards of the same size as that proposed was 86,400 kilowatt-hours (kwh), or less than one tenth the emissions of a project that would be expected to have emissions above threshold levels. While operation of digital billboards is not specifically listed on this screening table, it can be reasonably concluded from a comparison to the BAAQMD screening table that operational emissions resulting from this Project would be well below threshold levels. Additionally, BAAQMD presents as screening criteria for carbon monoxide impacts traffic-based criteria. As operation of the proposed Project would not impact traffic levels, the Project would be below carbon monoxide threshold levels. Therefore, the Project impact related to operational pollutant emissions would be less than significant. d) Sensitive Receptors For the purpose of assessing impacts of a proposed Project on exposure of sensitive receptors to risks and hazards, the threshold of significance is exceeded when the project-specific cancer risk exceeds 10 in one million or the non-cancer risk exceeds a Hazard Index of 1.0. Examples of sensitive 9 BAAQMD, May 2011, California Environmental Quality Act Air Quality Guidelines, pp. 3-2 to 3-3. 10 Calculated using energy utilization rates from BAAQMD’s Greenhouse Gas Model (BGM). 117 Page 36 101 Terminal Court Clear Channel Billboard Project receptors are places where people live, play or convalesce and include schools, hospitals, residential areas and recreation facilities. The Project itself is not considered a sensitive receptor and operation of the Project would not be considered a source of hazardous emissions. However, construction activity that uses traditional diesel-powered equipment results in the emission of diesel particulate matter, which is considered a toxic air contaminant and potential health risk. The generation of these emissions would be temporary, confined to the construction-period of a few active days at each site. BAAQMD provides a document titled Screening Tables for Air Toxics Evaluation during Construction to estimate the potential for significant air quality health risk impacts associated with construction activity based on general project characteristics, such as type and size, utilizing worst- case and conservative assumptions. The table is not intended to be used for projects substantially different from the described residential, commercial and industrial projects.11 Therefore, the table cannot be used directly for this Project. However, a brief comparison of the BAAQMD Screening Table to Project characteristics is used to analyze the health risk impacts. The smallest projects identified in the Screening Table include construction of a 5 unit residential project on 1.7 acres and construction of a 5,000 square foot commercial project on 0.2 acres. The screening table reports that under worst-case conditions, there is the potential for significant health risk if a sensitive receptor is located within 95 or 100 meters (up to 328 feet) of such a construction site. The nearest sensitive receptor to the Project site is over 2,300 feet away. Additionally, BAAQMD Screening Tables for Air Toxics Evaluation use a two-year construction period for screening purposes, the shortest period they recommend with the health risk modeling. While it is inappropriate to use this table to quantify an approximate risk for such a different project than those listed, it is reasonable to conclude that emissions and the resultant health risks from an exposure period of only a few days would be substantially less than emissions over a 2 year period. The health risk models and methods are not considered accurate for such short durations as the construction-period of this Project. Given the distance to sensitive uses and that the exposure duration would be shorter than that able to be accurately modeled as well as substantially shorter than projects in BAAQMD’s Screening Table, it can reasonably be assumed that the potential health risk from construction-period emissions would be less than significant. Additionally, as recommended by the BAAQMD, standard construction Best Management Practices would be implemented to reduce emissions as outlined in mitigation measure Air-1. This would further reduce diesel and particulate matter emissions. e) Objectionable Odors. Operation of the billboard would not result in objectionable odors. During construction, diesel-powered vehicles and equipment would create odors that some may find objectionable. However, these odors would be temporary and not likely to be noticeable much beyond the Project site’s boundaries. Therefore, the potential for objectionable odor impacts is considered less than significant. 11 BAAQMD, May 2010, Screening Tables for Air Toxics Evaluation During Construction, Version 1.0. 118 101 Terminal Court Clear Channel Billboard Project Page 37 4. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a-c) Special Status Species and Habitat and Wetlands. A biological assessment was conducted by H.T. Harvey and associates, as included in full as Attachment A. This included both daytime and evening site visits on August 27, 2012 and another daytime visit on August 31, 2012. The Project site is located on the perimeter of a large commercial parking lot. The project site is paved and completely devoid of vegetation in the immediate vicinity of the proposed billboard. A chain-link fence separates the Project site from an approximately 45-ft wide strip of ruderal (i.e., disturbance-associated) vegetation that occupies the area between the Project site and U.S. 101 to the east. Dominant species present in the adjacent ruderal habitat include cypress (Cupressus sp.), toyon (Heteromeles arbutifolia), and non-native French broom (Cytisus monspessulanus). The ruderal habitat immediately east of the Project site (approximately 26 ft east of the proposed billboard pole) also supports a wetland with a dense stand of horsetail (Equisetum sp.). This wetland appears to be supported by runoff from the adjacent parking lot, and meets the physical criteria and regulatory definition of “waters of the United States”. Direct Effects of Billboard Installation Due to the highly disturbed nature of the Project site and the immediately surrounding vicinity, it is extremely unlikely that any special-status species would occur in the Project area. The vast majority of plant and animal species occurring here are very common species associated with urban, developed, and ruderal conditions throughout the San Francisco Bay area. There was no evidence that 119 Page 38 101 Terminal Court Clear Channel Billboard Project sensitive species were present on the Project site and no habitat capable of supporting sensitive species is present within or immediately adjacent to the site. No wetlands, riparian habitats, or other sensitive habitats are present within the immediate Project site. Thus, since construction does not extend into the horsetail-lined wetland to the east, no sensitive habitats would be impacted by the construction of the billboard. Further, no special-status plant or wildlife species are expected to occur within the Project area. The only wildlife species that may be using habitats in the immediate vicinity of the Project site during construction are common birds such as the house finch (Carpodacus mexicanus), American robin (Turdus migratorius), and northern mockingbird (Mimus polyglottos). These species are locally and regionally abundant, and Project effects on these species will not be significant under the CEQA. The impact related to direct effects on special-status species and habitats would be less than significant. Indirect Effects of Illuminance on Off-Site Areas The potential for impacts related to illuminance of the billboard on wildlife in off-site areas was assessed. Some animals are extremely sensitive to light queues, which influence their physiology and shape their behaviors, particularly during breeding season. Artificial lighting may indirectly impact mammals and birds by increasing the nocturnal activity of predators and/or causing avoidance of well-lit areas resulting in a net loss of habitat availability and quality. The Project site is completely surrounded by urban habitats that do not support sensitive species that might be significantly impacted by illuminance from the proposed LED billboard. Similarly, the small wetland immediately adjacent to the Project site is not expected to support sensitive species. The San Francisco Bay to the east provides suitable habitat for a variety of wildlife, including the federally and state listed California clapper rail (Rallus longirostris obsoletus), and the federally listed mission blue butterfly (Aricia icarioides missionensis) has been observed at Sign Hill Park to the north of the Project site. However, these habitats are located too far from the Project site to be affected by illuminance from the proposed LED billboard. Similarly, Colma Creek to the north of the Project site and the unnamed channel to the south are located too far from the Project site to be affected by illuminance from the proposed billboard. The indirect impact of illuminance from the billboard on sensitive habitats and species is less than significant. d) Wildlife Corridors. The physical structure of the billboard itself would not impact the movement of any wildlife species. However, avian flight behavior could be impacted by artificial illuminance. The primary way in which the luminance of an LED billboard might impact the movements of birds in the Project area is through the disorientation of nocturnally migrating birds. Such birds may alter their orientation upon sighting the light and become drawn toward the billboard, potentially striking objects such as buildings, adjacent power lines, or even the billboard itself. The visibility of the proposed LED billboard to birds in flight, and thus the risk they pose to flying birds, depends primarily on the beam angle of the billboards relative to the flightlines of birds and on the luminance (brightness) of the billboards as perceived by the birds. The directional nature of LED lighting and the projected viewing angle values of ± 30° vertically and ± 60° horizontally suggest that the viewing angle of the billboards will be narrow enough to preclude attracting migrating birds on clear nights, when they fly high enough to be outside the viewing angle of the billboard. Shaders located above each row of lights will prevent light from projecting upward into the sky. As a result, birds flying more than 30° above the center of the billboard’s beam angle will not be affected by light from the billboard. However, migrating birds are forced to fly low during foggy and rainy conditions, which may bring them into the viewing angle of the billboard. The LED display on the billboard face can be changed every 8 seconds from a static image to a static image, resulting in a changing light source. Colors and patterns of color on the billboard would thus 120 101 Terminal Court Clear Channel Billboard Project Page 39 be changing, and birds flying near the billboard would not perceive it as a fixed, unchanging light, the type of light that appears to be most attractive to birds. It is possible that some birds that find themselves near the center of the beam angle may be attracted to the billboard. However, this is not expected to result in long-term consequences, such as increased bird-strike mortalities or substantial interference with bird movements because the billboard will be focused on the highway, not on airspace above the highway. Thus, a relatively limited area at low altitude above U.S. 101 will be within the center of the billboard’s beam angle. Because the area surrounding the billboard is heavily urbanized and contains no habitats of value to estuarine birds using the San Francisco Bay habitats to the east, we do not expect large numbers of birds (especially species of conservation concern) to be flying in a north-south direction, and at low altitudes that would be within the beam, close enough to the billboard for disorientation to occur at all. Therefore, it is not expected that birds moving through or around the Project area to be attracted to the billboard for such a long duration that bird-strike mortality occurs or substantial interference with bird movements occurs. Given the configuration of bird habitats in the vicinity of the site (which does not lend itself to directed bird flights toward the billboard), the changing images that will be displayed on the LED billboard, the narrow viewing angle, and the use of shaders to prevent light from projecting upward into the sky, the Project’s impacts on avian flight behavior would be less than significant. d) Local Policies and Ordinances. There are no local policies or ordinances directly applicable to this Project. The landscaping on the adjacent Caltrans setback is maintained by Caltrans with billboard visibility taken into consideration and would continue to operate that way. No tree removal is proposed with this Project. Therefore, the Project would have no impact regarding conflicts with local policies and ordinances, including tree preservation. e) Habitat Conservation Plan. There is no Habitat Conservation Plan applicable to the Project site. Therefore, the Project would have no impact in this regard. 121 Page 40 101 Terminal Court Clear Channel Billboard Project 5. CULTURAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in Public Resources Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Public Resources Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a–d) Historic, Archaeological and Paleontological Resources and Human Remains. The Project site is previously disturbed and there are no known resources at the site. A records search performed by the Northwest Information Center (included as Attachment D) resulted in the following considerations: Based on an evaluation of the environmental setting and features associated with known sites, Native American resources in this part of San Mateo County have been found in close proximity to sources of water (including perennial and intermittent streams and springs), near the bay margin and its associated wetlands, and near ecotones and other productive environments. The proposed Project area is located within the lower reaches of the Colma Creek basin. Based on 19th century maps, the Project area was dominated by estuaries that have since been covered in artificial fill. Given the correlation of these environmental factors, coupled with the regional archaeological sensitivity, there is a moderate potential of unrecorded Native American resources (especially buried deposits with no surface indications) within the proposed Project area. If present, these would be located below any artificial fill at the surface, but potentially within the 35 foot depth of the proposed disturbance. There is a low potential of identifying other types of unrecorded cultural resources. Mitigation Measure Cultural-1: Cultural Monitoring and Mitigation Plan. The Project applicant shall fund preparation and implementation of a cultural monitoring and mitigation plan by a qualified archaeologist to address the potential for presence and disturbance of Native American archaeological resources or remains during excavation of the billboard pole footing. This will include at a minimum monitoring during excavation of the billboard pole footing and may also include but is not limited to additional archival research, hand auger sampling, shovel test units, geoarchaeological analysis, or other common methods used to identify the presence of archaeological resources to be determined per the recommendation of the qualified archaeologist. The archaeologist and construction contractors shall follow the appropriate procedures should any cultural resources or human remains be discovered during ground disturbance. Preparation and implementation of a cultural monitoring and mitigation plan would assure that discovery of any cultural resources would be identified and treated appropriately and therefore that any impact in this regard would be less than significant. 122 101 Terminal Court Clear Channel Billboard Project Page 41 6. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42) ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a, d) Seismic Hazards. The San Francisco Bay Area is a seismically active region and the structure is likely to encounter strong seismic ground shaking during its lifetime. Additionally, the Project location is in the lowland zone of South San Francisco, which can be underlain by Bay Mud and associated with shrink-swell, settlement, corrosivity and liquefaction.12 The billboard requires building permits and would be constructed to the current building code standards. These standards include consideration of geologic and seismic conditions. Soil conditions at the billboard site would be identified and considered as part of the design process. There are no active earthquake faults known to pass through the vicinity of the Project.13 There would be no impact related to rupture of a known earthquake fault. The Project site is in an area of relatively flat topography and the possibility of landslides is considered unlikely.14 There would be no impact related to landslides. Therefore, the impact related to seismic hazards would be less than significant. 12 City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan, 1999, pp. 246 to 250. 13 State of California Department of Conservation, State of California Special Studies Zones (Delineated in compliance with Alquist-Priolo Special Studies Zones Act), San Francisco South, January 1, 1982. 14 City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan, 1999, p.250. 123 Page 42 101 Terminal Court Clear Channel Billboard Project b) Soil Erosion. The Project would not involve significant grading. The Project applicant must obtain coverage under the General Construction Activity Storm Water Permit (General Construction Permit) issued by the State Water Resources Control Board (SWRCB), which will address any erosion potential from ground disturbance. With compliance with applicable regulations, the impact related to soil erosion would be less than significant. c, d) Unstable or Expansive Soil. Construction of the Project may require temporary groundwater pumping as groundwater may be encountered during the drilling of the foundation hole. The hole would be drilled and the following day, the pole structure would be installed and concrete poured to fill the hole. As a result continuous groundwater pumping would not be required or cause subsidence to occur. There are no other known conditions that could create substantial risks related to expansive or unstable soils. The impact related to unstable and expansive soil would be less than significant. e) Septic Tanks. The Project would not include the use of septic tanks and associated disposal facilities. Therefore, the Project would have no impact in this regard. 124 101 Terminal Court Clear Channel Billboard Project Page 43 7. GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? a) Greenhouse Gas Emissions. BAAQMD has determined that greenhouse gas (GHG) emissions and global climate change represent cumulative impacts. BAAQMD does not have an adopted threshold of significance for construction-related GHG emissions. The operational threshold of 1,100 metric tons carbon dioxide equivalent (CO2e) per year was used for both construction-period and operational period for a conservative analysis. BAAQMD’s GHG Emissions Model includes a GHG emission factor of 804.54 lbs of CO2 per megawatt-hour of electricity usage. (Other GHGs would have a negligible contribution to overall GHG levels from energy usage, so were not calculated here.) In 2010, Clear Channel billboards’ average annual usage for double-sided LED billboards of the same size as the current proposal was 86,400 kwh. This results in emissions of 31.53 metric tons CO2 per year for a 14’ by 48’ LED billboard. This is well below the threshold level of 1,100 metric tons. BAAQMD does not suggest a threshold for assessment of construction-period GHG emissions impacts or provide a screening level at which to compare projects. However, with a construction period of only a few days, construction-period GHG emissions would be minimal and would add a negligible amount to the lifetime operational GHG emissions discussed above. Therefore, the Project impact related to GHG emissions would be less than significant. b) Greenhouse Gas Reduction Plans. The Project is not located in a community with an adopted qualified GHG Reduction Strategy, so consistency with such a plan cannot be analyzed. GHG emissions associated with the development of the proposed Project were analyzed per the BAAQMD May 2011 CEQA Air Quality Guidelines. BAAQMD’s thresholds and methodologies take into account implementation of state-wide regulations and plans, such as the AB 32 Scoping Plan and adopted state regulations such as Pavley and the low carbon fuel standard. Therefore, there would be no impact in relation to consistency with GHG reduction plans. 125 Page 44 101 Terminal Court Clear Channel Billboard Project 8. HAZARDS AND HAZARDOUS MATERIALS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a, b, d) Hazardous Materials. Digital billboards are designed to withstand wind forces as required by state law, and are subject to building permit requirements that ensure compliance with applicable building and electrical codes. Soil conditions are identified and considered in the design of such structures. No hazardous materials are emitted during operation of the billboard. Project operations are not expected to create a significant hazard through the routine transport, use or disposal of hazardous materials. It is assumed that any materials used during construction activities or for maintenance of the billboard that would be considered hazardous would be utilized in compliance with applicable regulations. It is also noted that state and federal laws require proper handling, use and disposal of hazardous materials. These same laws and regulations require the prevention and reduction of injury to people and the environment in the event of an accidental release. Consequently, there are no reasonably foreseeable operational upset or accidental conditions that would involve a significant release of hazardous materials into the environment. During the installation process of the billboard, holes would be drilled and the excavated soil would be transported offsite. The Project will also include trenching to connect to electrical supply. Prior to construction activities, the site will be assessed for the presence of hazardous materials, which, if present, would be handled appropriately, as per the following mitigation: 126 101 Terminal Court Clear Channel Billboard Project Page 45 Mitigation Measures Haz-1: Phase I and/or Phase II Reports. Prior to issuance of construction permits, the City of South San Francisco shall require the Project applicant to submit a Phase I environmental site assessment report, and a Phase II report if warranted by the Phase I report for the Project site. The reports shall make recommendations for remedial action in accordance with State and Federal laws, if appropriate, and should be signed by a Registered Environmental Assessor, Professional Geologist, or Professional Engineer. The Applicant shall comply with these recommendations. Haz-2: E-Waste Disposal. Electronic components of the billboard may contain materials considered “e-waste” when disposed of due to potentially hazardous metals, flame retardants, and other chemicals. The operator shall be required to follow applicable regulations regarding proper disposal and/or recycling, as appropriate, as components are replaced or removed over time. With implementation of Mitigation Measures Haz-1 and Haz-2, the impact relating to the possible presence of hazardous materials at this site would be less than significant. c) Hazardous Materials Near Schools. No school is located within one-quarter mile of the Project site. No hazardous materials with the potential for release during operation would be handled on or emitted from the site. The Project would represent no impact relative to the potential exposure of students at nearby schools to hazardous materials at the Project site. e, f) Airport Hazards. The closest airport is the San Francisco Airport located approximately 1 mile southeast from the Project site. This is within the jurisdiction of the Airport Land Use Plan for the San Francisco International Airport, though the site is not directly within the approach pathway. Federal Aviation Regulations, Part 77, limits structure heights to an elevation of 161 feet above mean sea level in the most restricted areas, increasing at a slope of 20:1 to a height of 361 feet above mean sea level.15 The proposed billboard would rise a maximum of 70 feet above a site approximately 11 feet above mean sea level. The billboard height would be below applicable height restrictions. Additionally, the billboard would not be considered a hazard to air navigation as it would not generate smoke or rising columns of air, would not attract large concentrations of birds, would not generate electrical interference that would interfere with aircraft communications or aircraft instrumentation, would not reflect sunlight, and would not direct steady or flashing lights toward aircraft. 16 There are no other airports, either public or private, within the vicinity of the Project. There would be a less than significant impact related to airport hazards. g) Emergency Response Plan. The Project would not alter traffic patterns and would not impair implementation of any adopted emergency response plan or emergency evacuation plan. Therefore, the Project would have no impact in this regard. h) Wildland Fire. The Project site is located in an urbanized area removed from areas typically subject to wildland fire. Therefore, the Project would have no impact related to wildland fire. 15 City/County Association of Governments of San Mateo County, December 1996, San Mateo County Comprehensive Airport Land Use Plan, Map SFO-4. 16 Ibid, p.V.-19. 127 Page 46 101 Terminal Court Clear Channel Billboard Project 9. HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Result in a significant increase in pollutant discharges to receiving waters (marine, fresh, and/or wetlands) during or following construction (considering water quality parameters such as temperature, dissolved oxygen, turbidity, and typical stormwater pollutants, e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the produc- tion rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially increase the rate or amount of surface runoff (e.g., due to due to increased impervious surfaces) in a manner which would result in flooding on- or off-site (i.e. within a watershed)? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems due to changes in runoff flow rates or volumes? f) Result in an increase in any pollutant for which a water body is listed as impaired under Section 303(d) of the Clean Water Act? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? a, f) Water Quality and Pollutants. Operation of the Project does not involve the use of water or generation of waste water. Construction activities, such as drilling a hole for the foundation and pouring concrete, have the potential to impact water quality. These activities have the potential to increase sediment loads in runoff that would enter the combined sewer system. Fuel, oil, grease, solvents, and other chemicals used in construction activities have the potential to create toxicity problems if allowed to enter a waterway. Construction activities are also a source of various other materials including trash, soap, and sanitary wastes. 128 101 Terminal Court Clear Channel Billboard Project Page 47 Construction activities at the Project site would be limited to a few days for installation. Potential impacts would be minimal, and compliance with City and State regulations would reduce any potential impacts to surface water and drainage to a less than significant level. b) The proposed Project is not expected to involve substantial excavation that would impact groundwater. The Project involves drilling holes approximately 5 feet in diameter with a depth of approximately 32 feet, which could result in groundwater being encountered. In the event that groundwater is encountered and dewatering activities are required, it would be short-term as each site installation is expected to take only a few days to complete and the hole would be filled with concrete resulting in minimal effects to groundwater. Any dewatering activities associated with the proposed Project must comply with the General Construction Permit and requirements established by the San Francisco Bay Regional Water Quality Control Board to ensure that such activities would not result in substantial changes in groundwater flow or quality. Following construction, the Project would not substantially change impervious surface area and would not have a substantial impact on groundwater recharge. Therefore, the proposed Project would have a less than significant impact on groundwater. c-e, g-i) Runoff, Drainage and Flooding. The Project would not require service for water. Existing drainage at each site would be maintained, and no increases in stormwater would result. The Project is not located in a 100 year flood zone17 and does not consist of housing or present a risk for flooding or redirection of flood flows. Therefore, there would be no impacts related to runoff, drainage or flooding. j) Inundation. The proposed Project is located over 4,000 feet from the San Francisco Bay, and over 6 miles from the Pacific Ocean. Project site elevations are between 10 and 11 feet above mean sea level. Wave run up from a tsunami is estimated at 6 feet above mean sea level for a 500-year tsunami.18 Climate change induced sea level rise is estimated at up to 17 inches by 2050 and 69 inches by 2100.19 Therefore, the site is not in danger of inundation from a tsunami or climate change induced sea level rise. Further, the site is not located near an inland body of water, nor is it located adjacent to a soil slope susceptible to rapid mass wasting or mudflows. Therefore, there would be a less than significant impact due to inundation by seiche, tsunami, mudflow or sea level rise. 17 City of South San Francisco prepared by Dyett & Bhatia, October 199, South San Francisco General Plan, Figure 8-3. 18 City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan: Health and Safety Element, 1999, p. 250. 19 Bay Conservation and Development Commission, adopted Oct 6, 2011, San Francisco Bay Plan. 129 Page 48 101 Terminal Court Clear Channel Billboard Project 10. LAND USE AND PLANNING Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) Physical Division of a Community. The Project site is at the boundary of currently developed parcels and highways. The billboard would not involve any physical changes that would have the potential to divide the established community. Thus, the Project would have no impact concerning community division. b) Conflict with Land Use Plan. Digital billboards are not currently allowed under South San Francisco Zoning Code. Amendment of the Zoning Code as proposed with this Project could allow a limited number of digital billboards (up to three total) if approved in conjunction with Relocation Agreements. The Project will comply with Outdoor Advertising Association of America guidelines to minimize light (see the Aesthetics section for additional detail) and applicable highway safety regulations (see the Transportation section for additional detail) to minimize hazards. Therefore, assuming approval of the Zoning Code amendments, the Project would have a less than significant impact with regard to land use plan conflicts. c) Conflict with Conservation Plan. The Project site is not subject to a conservation plan. It is surrounded by urban development and has been designated for such land use for a considerable period of time. The Project would, therefore, have no impact in relation to this item. 130 101 Terminal Court Clear Channel Billboard Project Page 49 11. MINERAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a, b) Mineral Resources. The site contains no known mineral resources and has not been delineated as a locally important mineral recovery site on any land use plan.20 The Project would have no impact with regard to mineral resources. 20 U.S. Geological Survey, 2005, Mineral Resources Data System: U.S. Geological Survey, Reston, Virginia. Available through: http://tin.er.usgs.gov/mrds/ 131 Page 50 101 Terminal Court Clear Channel Billboard Project 12. NOISE Would the project result in: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, exposure of people residing or working in the project area to excessive noise levels? f) For a project in the vicinity of a private airstrip, exposure of people residing or working in the project area to excessive noise levels? a-d) Excessive Noise or Vibration. Noise impacts resulting from construction depend on the noise generated by various pieces of construction equipment, the timing and duration of noise generating activities, and the distance between construction noise sources and noise sensitive receptors. Construction noise impacts primarily occur when construction activities occur during noise-sensitive times of the day (early morning, evening, or nighttime hours), the construction occurs in areas immediately adjoining noise sensitive land uses, or when construction durations last over extended periods of time (typically greater than one year). Significant noise impacts do not normally occur when standard construction noise control measures are enforced at the Project site and when the duration of the noise generating construction period at a particular receiver or group of receivers is limited to one construction season or less. In this case, the construction period would span only a few days. Reasonable regulation of the hours of construction, as well as regulation of the arrival and operation of heavy equipment and the delivery of construction material, are necessary to protect the health and safety of persons, promote the general welfare of the community, and maintain the quality of life. The South San Francisco Noise Ordinance (Chapter 8.32 of the Municipal Code, Section 8.32.050) restricts construction activities to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, 9:00 a.m. to 8:00 p.m. on Saturdays, and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. This ordinance also limits noise generation of any individual piece of equipment to 90 dBA at 25 feet or at the property line. Construction activities will comply with the Noise Ordinance. Operation of a digital billboard does not produce substantial levels of vibration or noise. Impacts from noise and vibration generated by the construction and operation of the billboard are less than significant. e-f) Airport Noise. A billboard is not a noise sensitive use. Therefore, the Project would result in no impact under this criterion. 132 101 Terminal Court Clear Channel Billboard Project Page 51 13. POPULATION AND HOUSING Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a-c) Substantial Population Growth. The proposed Project would not induce population growth and would displace neither existing housing nor people. Therefore, there would be no impact in this regard. 133 Page 52 101 Terminal Court Clear Channel Billboard Project 14. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services? Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Fire protection. b) Police protection. c) Schools. d) Parks. e) Other public facilities. a-e) Public Services. The proposed Project would not increase the demand for public services. Therefore, there would be no impact in this regard. 134 101 Terminal Court Clear Channel Billboard Project Page 53 15. RECREATION Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. a-b) Recreation. The proposed Project would not construct or increase the use of recreational facilities. Therefore, there would be no impact in this regard. 135 Page 54 101 Terminal Court Clear Channel Billboard Project 16. TRANSPORTATION Would the project: Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non- motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? a-c, f) Vehicle and Air Traffic and Alternative Transportation. The operation of digital billboards would not result in any increase in vehicle trips or changes in air traffic patterns or alternative transportation. Traffic generated for construction would be minimal in both level and duration. There would be no impact in this regard. d) Hazards. The Project proposes to construct and operate one double-sided digital billboard and amend the Zoning Code to also allow up to two additional digital billboards along U.S. 101 within the City limits, if approved in conjunction with Relocation Agreements. The billboards would be visible from the roadway. Digital billboards employ LED technology and allow for periodic changes in display. The capability of digital billboards to present changing images has raised concerns regarding the effect of such signage on traffic safety. The primary concern has been effects on driver attention, but concerns have also been raised regarding the potential for such signage to produce light of such intensity or direction that it could interfere with driver vision. FHWA has addressed signage issues in general, and digital signs in particular. As part of its agreement with various states pursuant to the Highway Beautification Act, for example, FHWA has confirmed that no sign is allowed that imitates or resembles any official traffic sign, and that signs may not be installed in such a manner as to obstruct, or otherwise physically interfere with an official traffic sign, signal, or device, or to obstruct or physically interfere with the vision of drivers in approaching, merging or intersecting traffic. These provisions may be enforced by the FHWA, but the agreement with the State of California also requires Caltrans to enforce these provisions. 136 101 Terminal Court Clear Channel Billboard Project Page 55 The FHWA agreement with California includes specific provisions regarding the brightness of signage: Signs shall not be placed with illumination that interferes with the effectiveness of, or obscures any official traffic sign, device or signal; shall not include or be illuminated by flashing, intermittent or moving lights (except that part necessary to give public service information such as time, date, temperature, weather or similar information); shall not cause beams or rays of light to be directed at the traveled way if such light is of such intensity or brilliance as to cause glare or impair the vision of any driver, or to interfere with any driver’s operation of a motor vehicle. (Agreement dated February 15, 1968) The FHWA has responded to the development of signs that present changing messages, either mechanically or digitally, with an interpretation of its agreements with the states pursuant to the Highway Beautification Act. The FHWA discussed “changeable message signs” in a Memorandum dated July 17, 1996, concluding that a state could reasonably interpret the provisions of its agreement with the FHWA “…to allow changeable message signs… The frequency of message change and limitation in spacing for these signs should be determined by the State.” On September 25, 2007 the FHWA again issued a Memorandum on the subject of off-premises changeable electronic variable message signs, or CEVMS. The Memorandum stated that proposed laws, regulations and procedures that allowed CEVMS subject to acceptable criteria would not violate the prohibition on “intermittent” or “flashing” or “moving” signs as used in the state agreements. The Memorandum identified “ranges of acceptability” relating to such signage, as follows: Duration of message: Duration of display is generally between 4 and 10 seconds; 8 seconds is recommended; Transition time: Transition between messages is generally between 1 and 4 seconds; 1 to 2 seconds is recommended; Brightness: The sign brightness should be adjusted to respond to changes in light levels; Spacing: Spacing between the signs should be not less than the minimum specified for other billboards, or greater if deemed required for safety; Locations: Location criteria are the same as for other signage, unless it is determined that specific locations are inappropriate. The Project as proposed will comply with these criteria. The Memorandum also referred to other standards that have been found helpful to ensure driver safety. These include a default designed to freeze the display in one still position if a malfunction occurs; a process for modifying displays and lighting levels where directed by Caltrans to assure safety of the motoring public; and requirements that a display contain static messages without movement such as animation, flashing, scrolling, intermittent or full-motion video. Manufacturers and operators of digital billboards currently use a full-black screen in the event of a malfunction. In addition to the provisions of the Highway Beautification Act (23 U.S.C. §131) and the FHWA memoranda discussed above, the state of California has adopted the Outdoor Advertising Act (Business and Professions Code §§5200 et seq.) and regulations implementing its provisions (California Code of Regulations, Title 4, Division 6, §§2240 et seq.). These include provisions that deal specifically with “message centers,” which are defined as “…an advertising display where the message is changed more than once every two minutes, but no more than once every four seconds.” (§5216.4) Consistent with the memoranda executed pursuant to the Highway Beautification Act, the Outdoor Advertising Act provides that message center displays that comply with its requirements are not considered flashing, intermittent or moving light. (§5405(d)(1)) The requirements provide that such signs must not display messages that change more than once every four seconds, and that no message 137 Page 56 101 Terminal Court Clear Channel Billboard Project center may be placed within 1,000 feet of another message center display on the same side of the highway. The California Vehicle Code regulates the brightness of billboard lighting. Vehicle Code §21466.5, which identifies the applicable standard, may be enforced by Caltrans, the California Highway Patrol, or local authorities. Vehicle Code §21467 provides that each prohibited sign, signal, device or light is a public nuisance and may be removed without notice by Caltrans, the California Highway Patrol or local authorities. Caltrans requires that any person engaged in the outdoor advertising business must obtain a license from Caltrans and pay the required fee. (§5300) No person may place any advertising display in areas subject to Caltrans authority without having a written permit from Caltrans. (§5350) These provisions of law and regulation effectively regulate sign location and brightness to ensure that digital billboards will not be located in such a manner as to create hazards due to lighting conditions themselves. Digital billboards are equipped with sensors that modify the brightness of the sign in response to ambient lighting conditions, thus ensuring that the brightness of the display in evening, nighttime or dawn conditions does not present a traffic hazard. As digital billboard technology has developed, the issue has been raised as to whether digital billboards themselves, regardless of compliance with such operating restrictions, present a distraction to drivers and thereby create conditions that could lead to accidents. FHWA has monitored the issue closely, and released its report updating the agency’s view of the issues and research. The report is entitled: “The Effects of Commercial Electronic Variable Message Signs (CEVMS) on Driver Attention and Distraction: An Update.”21 The FHWA report addressed the basic research question of whether operation of a CEVMS along the roadway is associated with a reduction of driving safety for the public. The report identified three fundamental methods for answering this question: (1) whether there is an increase in crash rates in the vicinity of CEVMS, (2) whether there is an increase in near-crashes, sudden braking, sharp swerving and other such behaviors in the vicinity of CEVMS, and (3) whether there are excessive eye glances away from the roadway in the vicinity of CEVMS. The report discusses existing literature and reports of studies, key factors and measures relating to CEVMS and effects on traffic, and recommends a study approach. An extensive bibliography is included in the report. The report does not purport to provide guidance to states on the control of CEVMS. The report confirmed that there have been no definitive conclusions about the presence or strength of adverse safety impacts from CEVMS. Similarly, a study performed under the National Cooperative Highway Research Program (NCHRP), Project 20-7 (256) entitled “Safety Impacts of the Emerging Digital Display Technology for Outdoor Advertising Signs” (NCHRP Report) reviewed existing literature. Both reports agreed that digital billboards should be regulated as a means of protecting the public interest. Various restrictions have been identified in reports that relate to the location and operation of digital billboards that seek to reduce safety concerns. These relate to brightness, message duration and message change interval, billboard location with regard to official traffic control devices, roadway geometry, vehicle maneuver requirements at interchanges (i.e., lane drops, merges and diverges), and with regard to the specific constraints that should be placed on the placement and operation of such signs. Regulation of operations could include, for example, the time any single message may be displayed, the time of message transition, brightness of the sign and controls that adjust brightness 21 U.S. Department of Transportation Federal Highway Administration, The Effects of Commercial Electronic Variable Message Signs (CEVMS) on Driver Attention and Distraction: An Update, February 2009, Publication no. FHWA-HRT-09-018. Available at http://www.fhwa.dot.gov/realestate/cevms.htm. 138 101 Terminal Court Clear Channel Billboard Project Page 57 based on the ambient light environment, and design and placement that ensures that the sign does not confuse drivers, or create dangerous glare. Restrictions on digital billboards contained within the Outdoor Advertising Act and enforced by Caltrans regulate many of the conditions that have been identified as relevant to traffic safety. Caltrans regulates the location and size of each proposed digital billboard through its application process as well as the distance between such signs. California statutory provisions regulate brightness of displays. Through state law and the Vehicle Code, such signage would be prohibited from displaying flashing lights or images. It should be noted that there are various studies supporting conflicting conclusions regarding the safety of digital billboards and incidence of driver distraction. This analysis has been performed utilizing state and federal published studies and adopted regulations as the best information available at this time. Significant effects could occur if the proposed digital billboard did not comply with restrictions regarding location, intensity of light, light trespass, or other restrictions, especially those enforced by the California Department of Transportation (Caltrans) pursuant to its authority under the agreements between the U.S. Department of Transportation under the Highway Beautification Act, and the Outdoor Advertising Act. Mitigation Measure Traf-1 would ensure that the City receives accurate information from the operator regarding compliance on an ongoing basis. Mitigation Measure Traf-1: Annual Report. The operator the digital billboard shall submit to the City, within thirty days following June 30 of each year, a written report regarding operation of each digital billboard during the preceding period of July 1 to June 30. The operator may submit a combined report for all such digital billboards operated by such operator within the City limits. The report shall, when appropriate, identify incidents or facts that relate to specific digital billboards. The report shall be submitted to the Director of the Economic and Community Development Department and shall include information relating to the following: a. Status of the operator’s license as required by California Business and Professions Code §§5300 et seq.; b. Status of the required permit for individual digital billboards, as required by California Business and Professions Code §§5350 et seq.; c. Compliance with the California Outdoor Advertising Act, California Business and Professions Code §§5200 and all regulations adopted pursuant to such Act; d. Compliance with California Vehicle Code §§21466.5 and 21467; e. Compliance with provisions of written agreements between the U.S. Department of Transportation and the California Department of Transportation pursuant to the federal Highway Beautification Act (23 U.S.C. §131); f. Compliance with mitigation measures identified in the Mitigated Negative Declaration adopted as part of Project approval; g. Each written or oral complaint received by the operator, or conveyed to the operator by any government agency or any other person, regarding operation of each digital billboard included in the report; h. Each malfunction or failure of each digital billboard included in the report, which shall include only those malfunctions or failures that are visible to the naked eye, including reason for the malfunction, duration and confirmation of repair; and 139 Page 58 101 Terminal Court Clear Channel Billboard Project i. Operating status of each digital billboard included in the report, including estimated date of repair and return to normal operation of any digital billboard identified in the report as not operating in normal mode. Another area of concern is the potential development of interactive billboards that would be capable of communicating with vehicles or passengers. The use and development of this technology would have consequences, and should be identified by the operator prior to any implementation. Mitigation Measure Traf-2, set forth below, would require notice to the City in the event such features are proposed. The mitigation measure also confirms prohibitions on visual effects. Mitigation Measure Traf-2: Operational Safety. The operation of the digital billboard shall comply with the following at all times: a. No special visual effects that include moving or flashing lights shall accompany any message or the transition between two successive messages b. The operator shall not install or implement any technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to a radio frequency identification device, geographic positions system, or other device without prior approval of the City of South San Francisco, taking into consideration technical studies and CalTrans or US DOT policies and guidance available at the time of the request. Implementation of Mitigation Measures Traf-1 and Traf-2 would ensure ongoing compliance with traffic safety regulations and control the use of visual effects and driver interaction that could distract drivers. With implementation of these mitigation measures, impacts on transportation and traffic safety would be less than significant. e) Inadequate Emergency Access. The proposed digital billboard would be located outside travelled portions of the roadway and would present no obstacles to emergency access. The billboard would have the capacity to display official messages regarding emergencies, and could perform as part of the emergency response system, thus resulting in beneficial impacts. Therefore, the Project would have no impact with regard to inadequate emergency access. 140 101 Terminal Court Clear Channel Billboard Project Page 59 17. UTILITIES AND SERVICE SYSTEMS Would the project Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commit- ments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a-g) Utilities. The proposed billboard would require electrical service. Providing such service through extension of existing electrical service in the vicinity would not result in any significant effects. The Project would not generate any wastewater or require a supply of potable water. Construction and operation of the digital billboard would not require other utility services, and would not affect drainage. Installation of the proposed billboard would require coordination with various other utility companies via the Underground Service Alert (USA) to prevent conflicts with subterranean utilities. There would be no impact on utility services. Energy: In 2010, Clear Channel billboards’ average annual usage for double-sided digital billboards of the same size as currently proposed was 86,400 kilowatt-hours (kwh). For a comparison, this equates to the annual electricity usage of approximately 14.25 single family homes (calculated using BAAQMD’s GHG Emissions Model rate of 6,047 kwh annual electricity usage). The latest generation of LED equipment is anticipated to be approximately 15% more energy efficient, but this technology was only beginning to be installed in November of 2011, so annual usage data was not available for the newer generation for this analysis. The digital billboard installed and operated as part of the Project would use electrical energy, and would be constructed pursuant to current electrical codes, including Title 24. These standards would ensure that electrical energy would be used efficiently. The GHG emissions associated with this energy demand are addresed in Item 7, Greehouse Gas Emissions. The underlying question as to whether digital billboards are an effective or desirable use of electrical energy is a policy question that may be considered in the Project review process, but any environmental effects are less than significant. 141 Page 60 101 Terminal Court Clear Channel Billboard Project 18. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environ- ment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? a) Environmental Quality. With the implementation of mitigation measures, the Project would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, or threaten to eliminate a plant or animal community. The Project would not impact rare or endangered wildlife species, or eliminate important examples of the major periods of California history or prehistory. b) Cumulative Impacts and Adverse Effects on Human Beings. The Project includes revision of the Zoning Code to allow up to three digital billboards along U.S. 101 in South San Francisco if approved in conjunction with Relocation Agreements. The analysis included in this document takes into account the potential for two digital billboards in addition to the one currently proposed. No additional digital billboards beyond these three would be allowed under the proposed Zoning Code amendment. Caltrans limits billboards to one every 500 feet along the length of the highway, which leaves the possibility that additional conventional (as opposed to digital) billboards could be added along U.S. 101 in South San Francisco beyond the three digital billboards. This has the potential to result in additional cumulative aesthetics impacts. The analysis in this report already considers that two additional billboards could be located as close as 500 feet to either direction of the proposed billboard, which represents a worst case scenario that covers either digital or conventional billboards. Any additional billboards, whether digital or conventional, would be required to undergo design review and City approval processes, which generally require relocation of one or more other billboards for a net reduction in the total number of billboards. While the specific location of future billboard proposals cannot be known at this point, it can be concluded that specifics of impacts to views would be considered for each proposed location and that Relocation Agreements would keep the same or reduce the total number of billboards in the area. Therefore, cumulative impacts in relation to aesthetics would be considered less than significant. The Project otherwise does not have individually limited but cumulatively considerable adverse impacts and would not involve substantial adverse effects on human beings, either directly or indirectly, including effects for which project-level mitigation were identified to reduce impacts to less than significant levels. These include impacts related to the discovery of unknown cultural 142 101 Terminal Court Clear Channel Billboard Project Page 61 resources, the potential presence of contaminated soil on the construction site, and traffic hazards related to driver distraction. These potential effects would be less than significant with implementation of mitigation measures identified in this document and would not contribute in considerable levels to cumulative impacts. 143 Page 62 101 Terminal Court Clear Channel Billboard Project DOCUMENT PREPARERS Lamphier – Gregory (Primary Report Preparers) Scott Gregory, President Rebecca Gorton, Senior Planner 1944 Embarcadero Oakland, Ca. 94606 510-535-6690 Vistarus (Visual Modeling) Niral Patel H.T. Harvey & Associates (Biological Impacts Assessment) Ginger M. Bolen, Ph.D., Senior Wildlife Ecologist City of South San Francisco This document was prepared in consultation with Gerry Beaudin, Principal Planner, City of South San Francisco. SOURCES 1. Bay Area Air Quality Management District, May 2011, California Environmental Quality Act Air Quality Guidelines. 2. Bay Area Air Quality Management District, May 2010, Screening Tables for Air Toxics Evaluation During Construction, Version 1.0. 3. California Department of Transportation, Outdoor Advertising Act and Regulations, 2011 Edition. 4. California Department of Transportation, State Scenic Highway Mapping System, http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm 5. City of South San Francisco, prepared by Dyett and Bhatia, South San Francisco General Plan, 1999. 6. Federal Highway Administration- Highway Beautification Act (HBA) codified as Title 23 United States Code 131, September 25, 2007, Guidance on Off-Premise Changeable Message Signs. 7. Illuminating Engineering Society of North America (IESNA), Lighting Handbook 9th Edition and 10th Edition. 8. Outdoor Advertising Association of America, prepared by Light Sciences Inc., November 29, 2006, Comparison of Digital and Conventional Billboards. 9. U.S. Geological Survey, 2005, Mineral Resources Data System: U.S. Geological Survey, Reston, Virginia. Available through: http://tin.er.usgs.gov/mrds/ 10. U.S. Department of Transportation, Federal Highway Administration, 2009: The Effects of Commercial Electronic Variable Message Signs (CEVMS) on Driver Attention and Distraction: An Update. Publication No. FHWA-HRT-09-018. 144 ATTACHMENT A Biological Impacts Assessment 145 146 983 University Avenue, Building D Los Gatos, CA 95032 Ph: 408.458.3200 F: 408.458.3210 5 September 2012 Ms. Rebecca Gorton Lamphier-Gregory 1944 Embarcadero Oakland, CA 94606 Subject: South San Francisco Clear Channel Billboard Project Biological Impacts Assessment (HTH #3410-01) Dear Ms. Gorton: Per your request, H. T. Harvey & Associates has performed a biological impacts assessment for the construction of an LED billboard at 101 Terminal Court, South San Francisco, California (Figure 1). The project site is bounded by Highway 101 to the east and extensive commercial development to the north, west, and south. According to information you provided, the new billboard would have an overall height of 70 feet (ft) and a width of 48 ft with a 14 ft by 48 ft LED display screen mounted above a pole with a 56 ft clearance from grade. The billboard would display multiple advertisements, cycling between ads every 8 seconds, and would be equipped with ambient light sensors, which would adjust the brightness of the display correlating with ambient lighting conditions. We understand that the billboard technology will be the same as that utilized for the Clear Channel LED billboard along Highway 92 that we analyzed in 2008 and that the same assumptions can be made regarding illuminance. METHODS I conducted a daytime site visit on 27 August 2012 to inspect habitat conditions immediately surrounding the proposed sign location (which could potentially be disturbed during the installation of the new LED sign) and in adjacent areas that could be indirectly affected by the project. I returned to the site that evening to observe qualitatively the existing ambient lighting in the vicinity of the project site to provide a basis for determining the potential direct and indirect effects of the billboard’s lighting on wildlife. In addition, H. T. Harvey & Associates senior plant/wetland ecologist Patrick Boursier, Ph.D., conducted a site visit on 31 August 2012 to assess the site for the presence of potentially sensitive habitats (e.g., wetlands). Following the completion of the surveys, I determined the potential for the installation of the billboard to impact biological resources, such as special-status species and sensitive/regulated habitats, based on the conditions at the proposed billboard location. EXISTING SITE CONDITIONS The project site is located on the perimeter of a large commercial parking lot (Park ‘N Fly). A chain-link fence separates the project site from an approximately 45-ft wide strip of ruderal (i.e., disturbance-associated) vegetation that occupies the area between the project site and Highway 147 Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, EsriJapan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2012 2 0 21 Miles± Project Site Figure 1: Vicinity Map September 2012N:\Projects3400\3410-01\Reports\Figure 1 Vicinity Map.mxdSSF Clear Channel Billboard (3410-01) !. ^_ ^_ ^_ ^_^_ ^_^_ ^_^_ ^_ ^_ ^_ ^_ ^_ ^_ Napa Oakland San Jose StocktonMartinez Hollister Fairfield Santa Cruz San Rafael Santa Rosa Redwood City San Francisco SOLANO SANTA CLARA ALAMEDA NAPA SONOMA CONTRA COSTA MARIN SAN MATEO SANTA CRUZ SAN JOAQUIN STANISLAUS SAN BENITO YOLO MONTEREY SAN FRANCISCO MERCED PACIFICOCEAN Detail California 0 20 Miles ± Project Vicinity 148 H. T. HARVEY & ASSOCIATES 3 101 to the east. The project site is paved and completely devoid of vegetation; however, dominant species present in the adjacent ruderal habitat include cypress (Cupressus sp.), toyon (Heteromeles arbutifolia), and non-native French broom (Cytisus monspessulanus). The ruderal habitat immediately east of the project site (approximately 26 ft east of the proposed billboard pole) also supports a wetland with a dense stand of horsetail (Equisetum sp.). This wetland appears to be supported by runoff from the adjacent parking lot, and meets the physical criteria and regulatory definition of “waters of the United States”. Due to the highly disturbed nature of the project site and the immediately surrounding vicinity, it is extremely unlikely that any special-status species would occur in the project area. The vast majority of plant and animal species occurring here are very common species associated with urban, developed, and ruderal conditions throughout the San Francisco Bay area. There was no evidence that sensitive species were present on the project site and no habitat capable of supporting sensitive species is present within or immediately adjacent to the site. BIOLOGICAL IMPACTS ASSESSMENT Potential project impacts on biotic resources were evaluated from three different perspectives: The direct effects of the installation of an LED billboard on biotic resources The indirect effects of illuminance from the LED billboard (i.e., the amount of light from the billboard that lands on a certain area) on sensitive species in adjacent areas The potential effects of the LED billboard’s luminance (i.e., the amount of light leaving the billboard’s surface in a particular direction, or brightness of the LED billboard’s surface as seen by the eye) on the behavior of birds flying in the site vicinity In each case, the standards against which we measured the significance of potential impacts were the California Environmental Quality Act (CEQA) significance criteria. These potential impacts are assessed in detail below. DIRECT EFFECTS OF SIGN INSTALLATION All activity associated with installation of the LED billboard at the project site is presumed to take place within the paved parking lot, with most such activity concentrated in the immediate vicinity of the billboard. No wetlands, riparian habitats, or other sensitive habitats are present within the immediate project site. Thus, as long as construction does not extend into the horsetail-lined wetland to the east, no sensitive habitats would be impacted by the construction of the billboard. Further, no special-status plant or wildlife species are expected to occur within the project area. The only wildlife species that may be using habitats in the immediate vicinity of the project site during construction are common birds such as the house finch (Carpodacus mexicanus), American robin (Turdus migratorius), and northern mockingbird (Mimus polyglottos). These species are locally and regionally abundant, and project effects on these species will not be significant under the CEQA. In summary, no biological impacts that are significant under CEQA will occur as a result of the installation of a billboard at this location. 149 H. T. HARVEY & ASSOCIATES 4 INDIRECT EFFECTS OF ILLUMINANCE OF ADJACENT AREAS Many animals are extremely sensitive to light cues, which influence their physiology and shape their behaviors, particularly during the breeding season (Ringer 1972, de Molenaar et al. 2006). Artificial light has been used as a means of manipulating breeding behavior and productivity in captive birds for decades (de Molenaar et al. 2006), and has been shown to influence the territorial singing behavior of wild birds (Longcore and Rich 2004, Miller 2006, de Molenaar et al. 2006). While it is difficult to extrapolate results of experiments on captive birds to wild populations, it is known that photoperiod (the relative amount of light and dark in a 24-hour period) is an essential cue triggering physiological processes as diverse as growth, metabolism, development, breeding behavior, and molting (de Molenaar et al. 2006). This holds true for birds, mammals (Beier 2006), and other taxa as well, suggesting that increases in ambient light may interfere with these processes across a wide range of species, resulting in impacts to wildlife populations. Artificial lighting may indirectly impact mammals and birds by increasing the nocturnal activity of predators like owls, hawks, and mammalian predators (Negro et al 2000, Longcore and Rich 2004, DeCandido and Allen 2006, Beier 2006). The presence of artificial light may also influence habitat use by rodents such as the salt marsh harvest mouse (Reithrodontomys raviventris) and salt marsh wandering shrew (Sorex vagrans halicoetes) (Beier 2006), and by breeding birds (Rogers et al. 2006, de Molenaar et al. 2006), by causing avoidance of well-lit areas, resulting in a net loss of habitat availability and quality. The project site is completely surrounded by urban habitats that do not support sensitive species that might be significantly impacted by illuminance from the proposed LED billboard. Similarly, the small wetland immediately adjacent to the project site is not expected to support sensitive species. The San Francisco Bay to the east provides suitable habitat for a variety of wildlife, including the federally and state listed California clapper rail (Rallus longirostris obsoletus), and the federally listed mission blue butterfly (Aricia icarioides missionensis) has been observed at Sign Hill Park to the north of the project site (CNDDB 2012). However, these habitats are located too far from the project site to be affected by illuminance from the proposed LED billboard. Similarly, Colma Creek to the north of the project site and the unnamed channel to the south are located too far from the project site to be affected by illuminance from the proposed billboard. According to material provided by Clear Channel Outdoor, the proposed LED billboard is expected to provide a maximum of 2.23 foot candles (fc) of illuminance (above and beyond ambient light conditions) at 100 ft (L. Musica, pers. comm.) within its viewing angle. Illuminance would decrease with lateral distance from the center of the viewing angle, so that areas 100 ft from the billboard on either side of the center of the viewing angle would experience even less illuminance. The viewing angle of the proposed LED billboard would be 30 vertically and 60 horizontally on each side (R. Hatton, pers. comm.). The LED billboard would be angled in such a way as to maximize the amount of visibility from a specific portion of Highway 101, so the area of brightest night illuminance projected by the proposed billboard would form a narrow cone directed at oncoming traffic. Further the illuminance would dissipate so that illuminance beyond 100 ft would be minimal and that beyond 500 ft negligible. Thus, the proposed LED billboard is not expected to substantially increase the amount of illuminance 150 H. T. HARVEY & ASSOCIATES 5 currently experienced by sensitive habitats (and the species inhabiting them) within San Francisco Bay, which is located over 3600 ft to the east, or Sign Hill Park, which is located over 5800 ft to the north. Therefore, we do not expect illuminance from the LED billboard to result in significant impacts on these sensitive habitats or their associated wildlife species. POTENTIAL EFFECTS OF LED BILLBOARD’S LUMINANCE ON AVIAN FLIGHT BEHAVIOR The primary way in which the luminance of an LED billboard might impact the movements of birds in the project area is through the disorientation of nocturnally migrating birds. Such birds may alter their orientation upon sighting the light and become drawn toward the sign, potentially striking objects such as buildings, adjacent power lines, or even the sign itself. Migrating birds are much more likely to be impacted by the billboard’s luminance during foggy or rainy weather, when visibility is poor (Longcore and Rich 2004, Gauthreaux and Belser 2006). Hundreds of bird species migrate nocturnally in order to avoid diurnal predators and to minimize energy expenditures. Evidence that migrating birds are attracted to artificial light sources is abundant in the literature as early as the late 1800s (Gauthreaux and Belser 2006). Although the mechanism causing migrating birds to be attracted to bright lights is unknown, the attraction is well documented (Longcore and Rich 2004, Gauthreaux and Belser 2006). Migrating birds are frequently drawn from their migratory flight paths into the vicinity of an artificial light source, where they end up circling the lit area, effectively “captured” by the light (Herbert 1970, Gauthreaux and Belser 2006). When birds are drawn to artificial lights during their migration, they become disoriented and possibly blinded by the intensity of the light (Gauthreaux and Belser 2006). The disorienting and blinding effects of artificial lights directly impact migratory birds by causing collisions with light structures, buildings, communication and power structures, or even the ground (Gauthreaux and Belser 2006). Indirect impacts on migrating birds might include orientation mistakes and increased length of migration due to light-driven detours. Effects of the Proposed LED Billboards on Flight Behavior The visibility of the proposed LED billboard to birds in flight, and thus the risk it poses to flying birds, depends primarily on the beam angle of the sign relative to the flightlines of birds and on the luminance (brightness) of the sign as perceived by the birds. The directional nature of LED lighting and the projected viewing angle values of 30 vertically and 60 horizontally suggest that the viewing angle of the sign will be narrow enough to preclude attracting migrating birds on clear nights, when they fly high enough to be outside the viewing angle of the sign. Shaders located above each row of lights will prevent light from projecting upward into the sky. As a result, birds flying more than 30 above the center of the sign’s beam angle will not be able to see light from the sign at all. However, migrating birds are forced to fly low during foggy and rainy conditions, which may bring them into the viewing angle of the billboard. The proposed billboard could produce a peak value of approximately 641 cd/ft2 of luminance (LSI 2006). However, in practice, the LED billboards will be operated so that their peak luminance will be approximately 46 cd/ft2 in the center of the beam angle (R. Hatton, pers. comm.). For comparison, a full moon at its brightest point produces approximately 232 cd/ft2 (LRC 2006). The proposed billboard would be equipped with a light sensor that adjusts the brilliance of the billboard in response to available ambient light, dimming the luminance as ambient light lessens. The peak luminosity for an LED billboard cited in the 2006 Light 151 H. T. HARVEY & ASSOCIATES 6 Sciences Inc. report to the Outdoor Advertising Association of America (LSI 2006) and indicated above assumes that the display on the billboard is solid white. In practice, the displays on the planned LED billboard will contain a variety of colors, which will substantially reduce the amount of luminance produced. Additionally, the LED display on the billboard can be changed every 8 seconds from a static image to a static image, resulting in a changing light source. Colors and patterns of color on the billboard would thus be changing, and birds flying near the sign would not perceive it as a fixed, unchanging light, the type of light that appears to be most attractive to birds (Jones and Francis 2003, Gauthreaux and Belser 2006). It is possible that some birds that find themselves near the center of the beam angle may be attracted to the sign. However, we do not expect this effect to result in long-term consequences, such as increased bird-strike mortalities or substantial interference with bird movements because the sign will be focused on the highway, not on airspace above the highway. Thus, a relatively limited area at low altitude above Highway 101 will be within the center of the sign’s beam angle. Because the area surrounding the sign is heavily urbanized and contains no habitats of value to estuarine birds using the San Francisco Bay habitats to the east, we do not expect large numbers of birds (especially species of conservation concern) to be flying in a north-south direction, and at low altitudes that would be within the beam, close enough to the billboard for disorientation to occur at all. Thus, we do not expect birds moving through or around the project area to be attracted to the sign for such a long duration that bird-strike mortality occurs or substantial interference with bird movements occurs. Given the configuration of bird habitats in the vicinity of the site (which does not lend itself to directed bird flights toward the signs), the changing images that will be displayed on the LED billboard, the narrow viewing angle, and the use of shaders to prevent light from projecting upward into the sky, we expect the sign’s impacts on avian flight behavior to be less than significant. SUMMARY Based on the information provided by Clear Channel Outdoor concerning the LED billboard, our review of literature concerning lighting effects on wildlife, our reconnaissance-level surveys of the site, and our knowledge of likely avian flightlines in the vicinity of the project site, we do not expect the construction of a new LED billboard to result in significant impacts on wildlife. If the assumptions made in our analysis concerning the LED billboard’s characteristics (e.g., illuminance, luminance, or beam angle) differ from actual characteristics of the billboard, additional analysis may be necessary to determine whether impacts are significant. Please feel free to contact me at gbolen@harveyecology.com or (408) 458-3246 if you have any questions regarding our report. Thank you very much for contacting H.T. Harvey & Associates regarding this project. 152 H. T. HARVEY & ASSOCIATES 7 Sincerely, Ginger M. Bolen, Ph.D. Senior Wildlife Ecologist 153 H. T. HARVEY & ASSOCIATES 8 LITERATURE CITED Beier, P. 2006. Effects of artificial night lighting on mammals in Rich, C. and T. Longcore, eds. Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. Pp 19- 42. [CNDDB] California Natural Diversity Database. 2012. Rarefind Version 3.1.1. California Department of Fish and Game, Biogeographic Data Branch. DeCandido R. and D. Allen. 2006. Nocturnal hunting by peregrine falcons at the Empire State Building, New York City. Wilson J. Ornithol. 118(1): 53-58. de Molenaar, J.G., M.E. Sanders and D.A. Jonkers. 2006. Road lighting and grassland birds: local influence of road lighting on a black-tailed godwit population in Rich, C. and T. Longcore, eds. Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. Pp 114-136. Gauthreaux, S.A. and C.G. Belser. 2006. Effects of artificial night lighting on migrating birds in Rich, C. and T. Longcore, eds. Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. Pp 67-93. Herbert, A.D. 1970. Spatial disorientation in birds. Wilson Bull. 82(4): 400-419. Jones, J. and C.M. Francis. 2003. The effects of light characteristics on avian mortality at lighthouses. J. Avian Biol. 34(4): 328-333. Longcore, T. and C. Rich. 2004. Ecological light pollution. Front. Ecol. Environ. 2(4): 191- 198. [LRC] Lighting Research Center. 2006. Illumination fundamentals. Pasadena, CA: Optical Research Associates. 48 pp. [LSI] Light Sciences Inc. 2006. Comparison of Digital and Conventional Billboards. Report prepared for the Outdoor Advertising Association of America. November 29, 2006. Miller, M.W. 2006. Apparent effects of light pollution on singing behavior of American robins. Condor 108(1): 130-139. Negro, J.J., J. Bustamante, C. Melguizo, J.L. Ruiz, and J.M. Grande. 2000. Nocturnal activity of lesser kestrels under artificial lighting conditions in Seville, Spain. J. Raptor Res. 34(4): 327-329. Ringer, R.K. 1972. Effect of light and behavior on nutrition. J. Anim. Sci. 35: 642-647. 154 H. T. HARVEY & ASSOCIATES 9 Rogers, D.I., T. Piersma, and C.J. Hassell. 2006. Roost availability may constrain shorebird distribution: Exploring the energetic costs of roosting and disturbance around a tropical bay. Biol. Conserv. 33(4): 225-235. PERSONAL COMMUNICATIONS Hatton, Robert. Clear Channel Outdoor, Inc. Personal communication with Steve Rottenborn of H. T. Harvey & Associates, on 18 September 2008. Musica, Lou. Clear Channel Outdoor, Inc. Personal communication with Steve Rottenborn of H. T. Harvey & Associates, on 09 September 2008. 155 156 ATTACHMENT B Northwest Information Center Records Search Results 157 158 August 21, 2012 NWIC File No.: 12-0165 Rebecca Gorton Lamphier-Gregory, Inc. 1944 Embarcadero Oakland, CA 94606 Re: Record search results for the proposed project at 101 Terminal Court, City of South San Francisco. Dear Ms. Gorton: Per your request received by our office on 15 August 2012, a records search was conducted for the above referenced project by reviewing pertinent Northwest Information Center (NWIC) base maps that reference cultural resources records and reports, historic- period maps, and literature for San Mateo County. Please note that use of the term cultural resources includes both archaeological resources and historical buildings and/or structures. Review of this information indicates that there has been no record of any cultural resource studies that cover the proposed project area. While there are no archaeological resources within the proposed project area, several Native American habitation sites are present in the general vicinity. The Office of Historic Preservation (OHP) Historic Property Directory (HPD) includes no recorded buildings or structures within the proposed project area. In addition, the NWIC base maps show no recorded buildings or structures. At the time of Euroamerican contact, the Native Americans that lived in this portion of the peninsula were speakers of the Costanoan or Ohlone language, part of the Utian language family (Levy 1978:485). The settlement patterns of Native Americans living on the San Francisco peninsula were significantly disrupted earlier that in other regions of the state. However, as in other areas, settlement patterns would indicate a mixture of residential occupation of villages and seasonal rounds to exploit resources at their peak. Reconstruction of tribal names and locations undertaken by Milliken (1995), based principally on mission registers, would place the proposed project area as being located within the northern portion of the area controlled by the Urebure (1995:258). Based on an evaluation of the environmental setting and features associated with known sites, Native American resources in this part of San Mateo County have been found in close proximity to sources of water (including perennial and intermittent streams and springs), near the bay margin and its associated wetlands, and near ecotones and other productive environments. The proposed project area is located within the lower 159 reaches of the Colma Creek basin. Based on 19th century maps, the project area was dominated by estuaries that have since been covered in artificial fill. While this land was adjacent to estuaries in the 19th century, this productive environment has undergone significant changes as sea levels have rose over last 10,000 years. Given the correlation of these environmental factors, coupled with the regional archaeological sensitivity, there is a moderate potential of unrecorded Native American resources (especially buried deposits with no surface indications) within the proposed project area. Review of historical literature and maps gave no indication of the possibility of historic-period archaeological resources within the proposed project area. With this in mind, there is a low potential of identifying unrecorded historic-period archaeological resources in the proposed project area. The 1947 San Francisco South USGS 7.5-minute topographic quadrangle fails to depict any buildings or structures within the proposed project area; therefore, there is a low possibility of identifying any buildings or structures 45 years or older within the project area. RECOMMENDATIONS: 1) There is a moderate possibility of identifying Native American archaeological resources and a low possibility of identifying historic-period archaeological resources in the project area. Given the depth of disturbance for the proposed project (approximately 35 feet below surface) buried terrestrial land surfaces that have the potential for containing archaeological material may be present below the artificial fill at the surface. We recommend a qualified archaeologist conduct further archival and field study to identify cultural resources. Field study may include, but is not limited to, pedestrian survey, hand auger sampling, shovel test units, or geoarchaeological analyses as well as other common methods used to identify the presence of archaeological resources (especially buried deposits with no surface indications). Please refer to the list of consultants who meet the Secretary of Interior’s Standards at http://www.chrisinfo.org. 2) If the proposed project area contains buildings or structures that meet the minimum age requirement, prior to commencement of project activities, it is recommended that this resource be assessed by a professional familiar with the architecture and history of San Mateo County. Please refer to the list of consultants who meet the Secretary of Interior’s Standards at http://www.chrisinfo.org. 3) Review for possible historic-period buildings or structures has included only those sources listed in the attached bibliography and should not be considered comprehensive. 4) If archaeological resources are encountered during construction, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources. Native American resources include chert or 160 obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic-period resources include stone or adobe foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. 5) It is recommended that any identified cultural resources be recorded on DPR 523 historic resource recordation forms, available online from the Office of Historic Preservation’s website: http://ohp.parks.ca.gov/default.asp?page_id=1069 Thank you for using our services. Please contact this office if you have any questions, (707) 588-8455. Sincerely, Bryan Much Assistant Coordinator 161 LITERATURE REVIEWED In addition to archaeological maps and site records on file at the Northwest Information Center of the Historical Resources Information System, the following literature was reviewed: Barrows, Henry D., and Luther A. Ingersoll 2005 Memorial and Biographical History of the Coast Counties of Central California. Three Rocks Research, Santa Cruz (Digital Reproduction of The Lewis Publishing Company, Chicago: 1893.) Bowman, J.N. 1951 Adobe Houses in the San Francisco Bay Region. In Geologic Guidebook of the San Francisco Bay Counties, Bulletin 154. California Division of Mines, Ferry Building, San Francisco, CA. Brabb, Earl E., Fred A. Taylor, and George P. Miller 1982 Geologic, Scenic, and Historic Points of Interest in San Mateo County, California. Miscellaneous Investigations Series, Map I-1257-B, 1:62,500. Department of the Interior, United States Geological Survey, Washington, D.C. General Land Office 1858 Survey Plat for Rancho Rancho Buriburi 1864 Survey Plat for Rancho Cañada de Guadalupe, la Visitación y Rodeo Viejo Gudde, Erwin G. 1969 California Place Names: The Origin and Etymology of Current Geographical Names. Third Edition. University of California Press, Berkeley and Los Angeles. Hamman, Rick 1980 California Central Coast Railways. Pruett Publishing Company, Boulder, CO. Hart, James D. 1987 A Companion to California. University of California Press, Berkeley and Los Angeles. Heizer, Robert F., editor 1974 Local History Studies, Vol. 18., “The Costanoan Indians.” California History Center, DeAnza College, Cupertino, CA. Helley, E.J., K.R. Lajoie, W.E. Spangle, and M.L. Blair 1979 Flatland Deposits of the San Francisco Bay Region - Their Geology and Engineering Properties, and Their Importance to Comprehensive Planning. Geological Survey Professional Paper 943. United States Geological Survey and Department of Housing and Urban Development. Hoover, Mildred Brooke, Hero Eugene Rensch, and Ethel Rensch, revised by William N. Abeloe 1966 Historic Spots in California. Third Edition. Stanford University Press, Stanford, CA. 162 Hoover, Mildred Brooke, Hero Eugene Rensch, and Ethel Rensch, William N. Abeloe, revised by Douglas E. Kyle 1990 Historic Spots in California. Fourth Edition. Stanford University Press, Stanford, CA. Hope, Andrew 2005 Caltrans Statewide Historic Bridge Inventory Update. Caltrans, Division of Environmental Analysis, Sacramento, CA. Hynding, Alan 1984 From Frontier to Suburb: The Story of San Mateo Penninsula. Star Publishing Company, San Mateo, CA. Kroeber, A.L. 1925 Handbook of the Indians of California. Bureau of American Ethnology, Bulletin 78, Smithsonian Institution, Washington, D.C. (Reprint by Dover Publications, Inc., New York, 1976) Levy, Richard 1978 Costanoan. In California, edited by Robert F. Heizer, pp. 485-495. Handbook of North American Indians, vol. 8, William C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. Milliken, Randall 1983 The Spatial Organization of Human Population on Central California's San Francisco Peninsula at the Spanish Arrival. S-9580. Master’s Thesis. On file at the Northwest Information Center, Rohnert Park. 1995 A Time of Little Choice: The Disintegration of Tribal Culture in the San Francisco Bay Area 1769-1810. Ballena Press Anthropological Papers No. 43, Menlo Park, CA. Myers, William A. (editor) 1977 Historic Civil Engineering Landmarks of San Francisco and Northern California. Prepared by The History and Heritage Committee, San Francisco Section, American Society of Civil Engineers. Pacific Gas and Electric Company, San Francisco, CA. Nelson, N.C. 1909 Shellmounds of the San Francisco Bay Region. University of California Publications in American Archaeology and Ethnology 7(4):309-356. Berkeley. (Reprint by Kraus Reprint Corporation, New York, 1964) Nichols, Donald R., and Nancy A. Wright 1971 Preliminary Map of Historic Margins of Marshland, San Francisco Bay, California. U.S. Geological Survey Open File Map. U.S. Department of the Interior, Geological Survey in cooperation with the U.S. Department of Housing and Urban Development, Washington, D.C. Roberts, George, and Jan Roberts 1988 Discover Historic California. Gem Guides Book Co., Pico Rivera, CA. 163 San Mateo County Historic Resources Advisory Board 1984 San Mateo County: Its History and Heritage. Second Edition. Division of Planning and Development Department of Environmental Management. San Mateo County Planning and Development Department n.d. “Historical and Archaeological Resources, Section 5” from the San Mateo CountyGeneral Plan. State of California Department of Parks and Recreation 1976 California Inventory of Historic Resources. State of California Department of Parks and Recreation, Sacramento. State of California Department of Parks and Recreation and Office of Historic Preservation 1988 Five Views: An Ethnic Sites Survey for California. State of California Department of Parks and Recreation and Office of Historic Preservation, Sacramento. State of California Office of Historic Preservation ** 2012 Historic Properties Directory. Listing by City (through April 2012). State of California Office of Historic Preservation, Sacramento. Williams, James C. 1997 Energy and the Making of Modern California. The University of Akron Press, Akron, OH. Woodbridge, Sally B. 1988 California Architecture: Historic American Buildings Survey. Chronicle Books, San Francisco, CA. Works Progress Administration 1984 The WPA Guide to California. Reprint by Pantheon Books, New York. (Originally published as California: A Guide to the Golden State in 1939 by Books, Inc., distributed by Hastings House Publishers, New York.) Yamada, Gayle K. and Dianne Fukami 2003 Building a Community: The Story of Japanese Americans in San Mateo County. AACP, Inc., San Mateo, CA. **Note that the Office of Historic Preservation’s Historic Properties Directory includes National Register, State Registered Landmarks, California Points of Historical Interest, and the California Register of Historical Resources as well as Certified Local Government surveys that have undergone Section 106 review. 164 SECOND 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 140 BEACON STREET BILLBOARD PROJECT 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 4100 REDWOOD RD, STE 20A - #601 OAKLAND, CA 94619 2ND ADDENDUM DATE SEPTEMBER 2023 ORIGINAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION DATE JUNE 2013 1ST ADDENDUM DATED MAY 2018 165 TABLE OF CONTENTS page Introduction and Project Information...................................................................................................... 1 Environmental Analysis .......................................................................................................................... 13 Conclusions ............................................................................................................................................ 25 FIGURES Figure 1: Proposed Billboard Location ..................................................................................................... 6 Figure 2: Proposed Billboard Site Plan ..................................................................................................... 7 Figure 3: Proposed Billboard Design ........................................................................................................ 8 Figure 4: Proposed Billboard from U.S. 101, facing north ....................................................................... 9 Figure 5: Proposed Billboard from U.S. 101, facing south ....................................................................... 9 Figure 6: Sensitive Habitats in the Project Vicinity ................................................................................ 17 ATTACHMENTS Attachment A: Standard Conditions and Mitigation Monitoring and Reporting Program Attachment B: Biological Assessment Attachment C: Cultural/Tribal Cultural Records Search Results 166 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 1 INTRODUCTION AND PROJECT INFORMATION This document serves as a second 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 prior environmental review and discusses the CEQA environmental topics and checklist questions with the potential to be changed from that previously assessed. • Conclusions. This section summarizes the analysis and makes CEQA conclusions. Attachment A includes full text of the standard conditions and IS/MND mitigation measures that are applicable to the project in the proposed Standard Conditions and Mitigation Monitoring and Reporting Program. Standard conditions apply to the project per the South San Francisco Municipal Code, and the mitigation measures are unchanged from those presented in the IS/MND. Attachments B and C include the biological assessment and cultural/tribal cultural records searches respectively. BACKGROUND AND PURPOSE The 101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment (shortened to “101 Terminal Court Billboard and Zoning Amendment” in this document) was analyzed in an 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 a total of three digital billboards along the U.S. 101 corridor in South San Francisco, 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).” In 2018, the City issued an Addendum to the IS/MND, related to the 180 South Airport Boulevard Billboard Proposal. The 2018 Addendum included assessment for allowing digital billboards on the eastern side within the identified highway corridor. The 2015 IS/MND and its first 2018 Addendum (referred to herein collectively as the “Prior IS/MND”) are hereby incorporated by reference and can be obtained from the South San Francisco Planning Department at https://weblink.ssf.net/WebLink/DocView.aspx?id=151447&dbid=0&repo=SSFDocs. 167 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 2 The current proposal is for a fourth billboard within the identified highway corridor, also on the eastern side of the highway. The purpose of this second Addendum is to assess the currently proposed digital billboard and associated Zoning Amendment, which would allow it as a fourth digital billboard within the previously identified U.S. 101 corridor in South San Francisco, and to 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. (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. Subsection (b) above presents the criteria for determining whether an addendum is the appropriate document when the prior document was an adopted negative declaration, as is the case for this project. Section 15164 references criteria in Section 15162, excerpted below: 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 168 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 3 (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 the above CEQA Guidelines criteria are discussed in the final section of this document. 169 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 4 PROJECT INFORMATION 1. Project Title: 140 Beacon Street Digital Billboard Proposal (“currently proposed billboard”), which is located within the highway corridor in which digital billboards would be allowed and 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 Christy Usher, Senior Planner Department of Economic and Community Development City of South San Francisco 315 Maple Avenue South San Francisco, CA 94083 650.829.6633 or Christy.Usher@ssf.net 3. Project Location: 140 Beacon Street (APN 015-171-999) 4. Project Applicant's Name and Address: Jeff McCuen Outfront Foster Interstate 1111 Broadway, Suite 1515 Oakland, CA 94607 510.559.1135 5. General Plan Designation: Business Technology Park High 6. Zoning: Business Technology Park - High (BTP-H) 7. Site and Vicinity: The project location and site are shown in Figures 1 and 2 (included with other project description figures starting on page 6). The currently proposed billboard is located in a fenced vacant lot owned by PG&E, behind a set of 3 connected commercial buildings on Beacon Street and associated parking. One of the buildings is currently vacant, with the others occupied by Decker Electric Company and K1 Speed – Indoor Go Karts. The currently proposed billboard would be located on the eastern side of the site adjacent to U.S. 101 with the footing and overhang in a paved area. An approximately 35-foot-wide landscape strip is located between the paved lot and the U.S. 101 highway to the west, consisting of mixed ruderal and wetland vegetation. Farther west across the highway (at least 300 feet to the nearest building) is located a storage center, and then a commercial complex with some restaurants, office, retail, and commercial uses, approximately another 100 feet to the west. 170 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 5 The project location lot is triangularly shaped, with the fence on the east side, behind the commercial building, meeting the fence on the west side, between the lot and U.S. 101, at the southernmost point. On the northern end are three electrical towers, beyond which is a paved parking lot up to Colma Creek. The site is surrounded by various commercial uses on the same side of the highway including largely offices and manufacturing uses, with some retail and other commercial uses. The closest residential areas are located approximately 2,400 feet both to the west and to the south. Other residential uses can be found approximately 4,700 feet to the northwest and 6,800 feet to the north. There are no residences in the vicinity to the east. 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, and would operate 24 hours per day, seven days per week. 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 in a V-shape, with each of the two sides angled 7.5 degrees from the centrally located access walkway. The V will meet on the western side such that the displays face the two directions of highway traffic. The design of the billboard is shown in Figure 3 and visual models of the billboard are shown in Figures 4 and 5. The applicant is proposing to install Opto-Tech LED signs configured to minimize light spillage and constrain brightness in accordance with the guidelines of the Outdoor Advertising Association of America (OAAA) and consistent with standards established by California law. Shaders will be located above each row of LEDs to prevent light from projecting upward into the sky. The diode pattern of LED bulbs is based on a Nichia series 336 LED, with projected viewing angle values for the proposed billboard at + 14.9°/ -34.6° vertically and ± 45° horizontally. The maximum light output level of the billboard displays would be 0.3 foot-candles (fc) above ambient lighting conditions, measured at a distance of 250 feet. In addition to light sensors measuring ambient light, a GPS calibrated sunlight clock would control maximum brightness to ensure nighttime limits are not exceeded. Construction of the Billboard The currently proposed billboard would be connected via trenching to existing power lines in the project area. The foundation used for the proposed structure would be a drilled shaft to an approximate depth of 41 feet, with a poured concrete footing. Construction would proceed as described in the Prior 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) assembly of the structure and installation of the displays. 171 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 6 Figure 1: Proposed Billboard Location Source: H.T. Harvey & Associates, dated July 14, 2023 172 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 7 Figure 2: Proposed Billboard Site Plan Source: Chappell Geomatics, Inc. for Applicant, dated 5/21/22, modified to highlight billboard Proposed Billboard 173 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 8 Figure 3: Proposed Billboard Design Source: RMG Outdoor, Inc. for Applicant dated 5/31/2022 174 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 9 Figure 4: Proposed Billboard from U.S. 101, facing north Source: Applicant (proposed billboard in green) Figure 5: Proposed Billboard from U.S. 101, facing south Source: Applicant (proposed billboard in green) 175 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 10 Comparison to Project Description in the IS/MND The proposed billboard sign faces are the same size and propose substantially the same LED technology including proposed operation and light levels and construction activities as assumed in the Prior IS/MND. The height of the currently proposed billboard (65’) is within the range assumed in the Prior IS/MND (55’ to 70’). The proposed billboard is in the same general area as assumed in the Prior IS/MND (U.S. 101 corridor between Sister Cities Boulevard and the City’s southern boundary) on the eastern side of the highway, but is the fourth digital billboard in the City, whereas the Prior IS/MND assumed the construction and placement of three digital billboards. 9. Required Approvals: Approval of the currently proposed billboard would require a Zoning Ordinance Amendment (because this would be the fourth billboard in the city, with a current limit of three), and Design Review from the City of South San Francisco. The City and applicant may also enter into a Development Agreement. Construction activities will require appropriate administrative permits. Additionally, the following review/approval would be required: Appropriate clearance through the California Department of Transportation (Caltrans) is also required for highway-oriented signs. 10. Regulatory Provisions: The following regulations are applicable to the 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 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: 176 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 11 • 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 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: 1 California Department of Transportation, Classified “Landscape Freeways”, available at https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-b-classified-landscaped- freeways/classified-landscaped-freeways 177 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 12 • 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. Local The Billboard Relocation Agreement mandates that erection of a new billboard is paired with removal of two existing billboards. Per South San Francisco Municipal Code 20.360.003 D(6)(b), if there are no existing billboards to remove, the billboard applicant may instead request the City to enter into a development agreement, which may include in-lieu contributions. The currently proposed billboard would enter into a Development Agreement and contribute in-lieu fees, as allowed under the Municipal Code. 178 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 13 ENVIRONMENTAL ANALYSIS SUMMARY OF PROJECT CHANGES The proposed billboard is of the same type and has the same sign-face size as those previously assessed in the Prior IS/MND. The difference from the Prior IS/MND is in the number of digital billboards only. The following discussion is broken down by CEQA topic and focuses on assessment of the increased number. AESTHETICS Scenic Vistas Impact remains Less than Significant As under the Prior 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 currently proposed billboard 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 (on page 9) 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 Prior 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 Prior 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 Prior 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. The currently proposed fourth billboard would contribute to intermittent blockage of views, but as discussed in the Prior IS/MND, with mandatory compliance with Caltrans spacing regulations, there would be space between signs and the blockage would remain intermittent. Because the currently proposed billboard 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 currently proposed billboard would undergo the appropriate City review. The character of the currently proposed billboard site is commercial, just as were the potential locations assessed in the Prior IS/MND, and U.S. 101 is not a state scenic highway in the vicinity. 179 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 14 Light and Glare Impact remains Less than Significant with Mitigation The Prior 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 2,000 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. LED lighting has a directional nature and the projected viewing angle values for the proposed billboard is +14.9°/- 34.6° vertically and ± 45° horizontally. Shaders will be located above each row of LEDs to prevent light from projecting upward into the sky. As all billboards must be at least 500 feet apart, there would be no cumulative impact from light and glare from more than one digital billboard. There would be no substantial change in the impact related to light and glare under the currently proposed billboard. The Prior IS/MND included Mitigation Measure Visual-1 (included in full in Attachment A), 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. Overall Aesthetics Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior 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 Prior 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 currently proposed billboard would result in no substantial changes to the Prior 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 substantially the same construction activities assumed under the Prior IS/MND, and therefore the same construction emissions, or less, due to increased emissions controls since the original analysis. Emissions from operations are generally from energy usage. While a fourth digital billboard would increase the cumulative emissions from digital billboards in the City, digital billboards have become more efficient since the Prior IS/MND was analyzed. The currently proposed billboard would consume approximately 40,150 kilowatt-hours (kwh) of electricity per year, compared to 86,400 kwh estimated in the Prior IS/MND. With emissions below the amount analyzed in the Prior IS/MND, the currently proposed billboard would result in no 180 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 15 changes to the Prior IS/MND Air Quality analysis or conclusions, and all impacts except the one below would remain less than significant. The Prior IS/MND identified a potentially-significant impact related to construction-period emissions and fugitive dust and included Mitigation Measure Air-1 (included in full in Attachment A), 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 currently proposed billboard would result in no substantial changes to the Prior IS/MND Air Quality analysis or conclusions, and impacts would remain unchanged (less than significant or reduced to that level through mitigation). BIOLOGICAL RESOURCES A biological assessment was conducted by H.T. Harvey and Associates for the currently proposed billboard, as included in full as Attachment B. This included a site visit on June 13, 2023. The following analysis is informed by that assessment. Special Status Species and Habitat and Wetlands Impacts remain Less than Significant/No Impact The Prior IS/MND assessed both direct effects of billboard installation in a developed urban area, and the potential for indirect effects on off-site areas. As under the Prior IS/MND, the currently proposed billboard is located on a developed urban site but is near the strip of vegetation between developed sites and the U.S. 101, which can support wetlands. The Prior IS/MND concluded that standard billboard construction on a developed site along the U.S. 101 corridor would not result in significant direct impacts and that with proposed operational lighting parameters, billboard operation, including illumination, would not have a significant indirect impact on off-site areas. As indicated above and discussed below, a site-specific biological assessment was performed for the currently proposed billboard project to confirm these conditions and conclusions (see Attachment B for the full biological assessment). While the project footprint would be entirely on paved ground, approximately 110 feet northwest of the project site, on the other side of the chain link fence, is a small brackish pond that appears to be fed by an underground culvert. This ponded water feeds a small wetted-channel that runs parallel to U.S. 101 and eventually ends approximately 285 feet north of the pond, just short of San Bruno Channel, which is located approximately 530 feet north of the project site. During winter rain events, flows of this small wetted-channel most likely increase, connecting with San Bruno Channel; but at the time of the biological assessment site visit, there was no aquatic connectivity between the wetted-channel and San Bruno Channel. No part of San Bruno Channel or the aquatic habitat are located within the boundaries of the project site. The project site and adjacent area were assessed for special-status species and sensitive habitats. The vast majority of plant and animal species in the area are very common species associated with urban, developed, and ruderal conditions found throughout the Bay Area. There are 36 special-status plant species that have the potential to occur in the area of the project site; however, all were determined to be absent from the project site and adjacent area due to at least one of the following reasons: (1) lack of suitable habitat types; (2) absence of specific microhabitat or soil 181 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 16 requirements; (3) the species is presumed to no longer exist in the area or is not expected to occur in the project vicinity due to range; and/or (4) the project site and study area are too disturbed to be expected to support the species. A number of special-status animal species are known to occur in the project area vicinity, however, all of these species have been determined to be absent from the project site because it lacks suitable habitat, is outside of the known range of the species, and/or is isolated from the nearest known existing populations by development or otherwise unsuitable habitat. The following animal species were among those considered for occurrence: California Ridgway’s rail (Rallus obsoletus obsoletus), the Alameda song sparrow (Melospiza melodia pusillula), the San Francisco common yellowthroat (Geothlypis trichas sinuosa), the California red-legged frog (Rana draytonii), the San Francisco garter snake (Thamnophis sirtalis tetrataenia), the Central California Coast steelhead (Oncorhynchus mykiss), the green sturgeon (Acipenser medirostris), longfin smelt (Spirinchus thaleichthys), and 5 special-status butterflies. No sensitive or regulated habitats (i.e., riparian, wetland or other waters of the U.S./State) occur on the project site, and the project footprint has been located so as to specifically avoid adjacent wetlands and other waters. However, the brackish marsh habitat, ponded areas, and the small wetted-channel that are located within 50-110 ft of the project site would be considered waters of the U.S./State and thus would be regulated by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act (and, in the case of tidal waters, under Section 10 of the Rivers and Harbors Act) and by the San Francisco Bay Regional Water Quality Control Board under Section 401 of the Clean Water Act and the Porter-Cologne Water Quality Control Act. In addition, tidal marsh habitat (i.e., San Bruno Channel) that would be considered waters of the U.S./State and regulated as described above, is found approximately 500 ft north of the project site. The locations of those sensitive habitats in relation to the project site are shown in Figure 6. Standard construction practices are required per SSF Municipal Code Section 14.04.180 to be implemented on all construction sites to minimize pollution and siltation in runoff during construction activities. These standard practices would ensure that there would be no significant impact related to pollution or siltation in construction runoff getting into nearby wetland areas. Given the above (and full analysis included as Attachment B), wildlife species that may occur in the project area are common species that are locally and regionally abundant. Billboard installation at the project site would not result in the modification of any naturally occurring habitat. As a result, no regional populations of these species would be significantly impacted by billboard construction. However, all native bird species that occur within the project site are protected from take by the federal Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code. Direct destruction of an active nest would violate the MBTA and Fish and Game Code, and abandonment of an active nest because of project construction activities could be considered take under the Fish and Game Code. Based on the biological assessment of the currently proposed billboard project, bird species that could nest close enough to the project site are all regionally common, urban adapted species, which would have to be tolerant of relatively loud urban noise levels in the immediate vicinity, including from the nearby U.S. 101, to have chosen to nest in the immediate vicinity. In the unlikely event that there are nests nearby and that the few days of active construction activity resulted in abandonment, the biological assessment determined that it would not be considered a significant impact under CEQA. It is recommended that construction of the billboard should take place during the nonbreeding season (September 1 – January 31) if feasible or that a nesting survey is conducted within 30 days of construction to further minimize less-than-significant impacts and fully comply with federal and state laws. 182 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 17 Figure 6: Sensitive Habitats in the Project Vicinity Source: H.T. Harvey & Associates, dated July 14, 2023 183 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 18 As discussed in the Prior IS/MND, illumination from a digital billboard may also indirectly affect the activity of birds and mammals, and this was examined specifically for the currently proposed billboard site (see Attachment B). The project site is in an area with considerable artificial illumination as an existing condition, including numerous streetlights, illuminated highway and street signs, light emanating from commercial and industrial buildings, and existing digital billboards along U.S. 101. The proposed LED billboard would be angled in such a way as to maximize the amount of visibility from specific portions of U.S. 101, so the area of brightest night illuminance projected by the proposed billboard would be directed at oncoming traffic, while illuminance would decrease with lateral distance from the center of the viewing angle. The proposed LED billboard would increase the illuminance (above current ambient conditions) across the 35-ft wide brackish marsh habitat found west of the project site. However, this small, isolated patch of marsh habitat does not provide suitable habitat for any special- status wildlife species, nor large numbers of non-special-status species, which may be affected by the increase in illuminance in this area. Further, the proposed LED billboard is not expected to substantially increase the amount of illuminance currently experienced by the San Bruno Channel (and the wildlife species potentially inhabiting the channel), located approximately 530 ft north of the project site. Thus, indirect impacts from increased illuminance on sensitive habitats and their wildlife communities would be less than significant. Wildlife Corridors Impact remains Less than Significant With respect to wildlife corridors, the Prior IS/MND acknowledged that avian flight behavior is known to be potentially affected by artificial illuminance, primarily through the disorientation of nocturnally migrating birds, which could be drawn off-path toward the source of illumination and other potential nearby strike-risks. However, that analysis goes on to conclude that the impact of digital billboards within the designated U.S. 101 corridor would not be significant due to the operational characteristics of proposed billboards and of bird movement in the area. Specifically, the bases for this conclusion can be summarized as a) that LEDs are direction in nature with shutters to minimize vertical light into higher- altitude migratory flight paths, b) that a digital billboard would be a changing light source, and not a fixed and unchanging light that attracts birds, and c) that the configuration of potential bird habitat in the vicinity does not lend itself to directed lower-altitude bird flights toward the billboard. Consistent with the analysis in the Prior IS/MND, the site-specific biological assessment concludes that the vicinity of the currently proposed billboard is heavily urbanized and large numbers of birds are not expected to be flying within the beam of light from the billboard. The majority of seabirds and large numbers of shorebirds that move in the vicinity of the project site move and forage primarily along the shoreline of the Bay east of the site. These birds forage in open waters of the Bay and in areas such as the San Bruno Marsh Complex, Oyster Point Marina, Brisbane Lagoon, and Coyote Point. With the exception of higher-altitude flights by some birds moving between the Bay and Ocean, movement of waterbirds perpendicular to U.S. 101 (and thus in and out of the area that would be illuminated by the project) would be limited due to the absence of suitable foraging or breeding habitat for these birds in the areas immediately west of U.S. 101. Thus, it is unlikely that large numbers of seabirds and shorebirds would move within areas of increased luminance from future billboard lights. Passerine bird species, of which a few common species occur near the project site, are less susceptible to the attraction and disorientation caused by luminance when they are not migrating. The operational characteristics of the currently proposed billboard and bird movement in the project vicinity are substantially similar to that analyzed in the Prior IS/MND and the site-specific biological assessment (see Attachment B) confirms that the conclusions would remain the same. The impact on 184 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 19 wildlife corridors, including indirect effects of illuminance on flight patterns, would therefore remain less than significant. Biological Policies and Conservation Plans Impact remains No Impact The project does not propose any tree removal and as discussed above, would not involve disturbance of any protected habitat, species, or wetlands. There are no local policies, ordinances, or Habitat Conservation Plans applicable to this site or project and the no impact conclusion would remain unchanged. Overall Biological Resources Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior IS/MND Biological Resources analysis or conclusions, and impacts would remain unchanged (no impact/less than significant). CULTURAL AND TRIBAL CULTURAL RESOURCES Impacts remain Less than Significant/Less than Significant with Mitigation Since the Prior IS/MND, additional checklist questions have been added to the CEQA Guidelines, Appendix G, to make it clear that impacts to Native American Tribal Cultural Resources would be considered an environmental impact. The analysis in the Prior IS/MND had already considered Native American Tribal Cultural Resources under the Cultural Resources topic, so discussion of Tribal Cultural Resources is included here. As under the Prior IS/MND, the currently proposed billboard is located in a developed urban area adjacent to a highway. The currently proposed billboard would have substantially the same construction activities as analyzed under the Prior IS/MND. The project would not modify or demolish any structures, and consistent with conclusions in the Prior IS/MND, the currently proposed billboard would not have a significant impact related to historic resources. A records search of the California Historical Resources Information System at the Northwest Information Center (NWIC), performed for the currently proposed billboard project and dated June 13, 2023 (included in Attachment C), indicated that the project site is within an area of artificial fill and bay mud, but was historically within marshland along the margins of the San Francisco Bayshore, and adjacent to San Bruno Slough, which describe the environmental setting and features associated with known sites of Native American resources in this part of San Mateo County. The NWIC further concluded that the project area may contain one recorded Native American archaeological resource, P-41-000047, Nelson Shellmound #382, though its precise location, status, and nature remains unknown. Additionally, historic maps show there could have been development at the site in the late 1800s and therefore a moderate potential for unrecorded historic-period archaeological resources. A search of the Native American Heritage Commission (NAHC) Sacred Lands Files was completed for the project and indicated there are no known sacred lands present in the vicinity of the site (see Attachment C). While no tribes have requested consultation for projects in this area, notice was sent on July 19, 2023, to local tribes listed as being historic active in the area, per recommendation of the NAHC. While 185 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 20 one tribe provided information in the event tribal monitoring services were required, no tribes identified particular concerns with the project or site or requested coordination per Public Resources Code section 21080.3.1(d). The above site-specific considerations are substantially consistent with the Prior IS/MND, which identified discovery/disturbance of currently unknown cultural (or tribal cultural) resources during billboard installation as a potentially-significant impact and included Mitigation Measure Cultural-1 (included in full in Attachment A), requiring a 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 currently proposed billboard would result in no substantial changes to the Prior IS/MND Cultural/Tribal 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 Prior IS/MND, the project site is in a seismically active region and could contain soils with properties that would need to be appropriately taken into consideration. As for all projects, the currently proposed billboard requires building permits and would be constructed to the current building code standards, including consideration of site-specific soils, geologic, and seismic conditions. There are no earthquake fault zones known to pass through the vicinity,2 and given the relatively flat topography of the site, the possibility of landslides is considered unlikely. Standard construction practices are required per SSF Municipal Code Section 14.04.180 to be implemented on all construction sites to minimize erosion and siltation during construction activities. These standard practices would address erosion potential from ground disturbance. 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 currently proposed billboard would result in no substantial changes to the Prior 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 substantially the same construction activities and size of the sign faces as analyzed under the Prior IS/MND, but with the increase in energy efficiency of current models of digital billboards, would have emissions of approximately 16 metric tons of CO2 per year, which is about half the emissions assumed for a digital billboard of the same size analyzed in the Prior IS/MND. 2 California Geological Survey (CGS). Sept 23, 2021. Earthquake Zones of Required Investigation San Francisco South Quadrangle, available at: https://www.conservation.ca.gov/cgs/Documents/Publications/EZRIM/SAN_FRANCISCO_SOUTH_EZRIM_a11y.pdf. 186 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 21 This remains well below the Air District’s (Bay Area Air Quality Management District) threshold of 1,100 metric tons that was in place at the time of the Prior IS/MND, and the GHG emissions would be within the less than significant impact identified in the Prior IS/MND. Since the Prior IS/MND, the Air District issued new GHG emissions thresholds in April 2022, revising the quantified threshold to a checklist of compliance, requiring consistency with applicable criteria to make a finding of less-than-significant. However, because GHG issues were known or could have been known when the Prior IS/MND was being prepared, revised thresholds or guidelines are not legally “new information” as specifically defined under CEQA. That being said, the most closely applicable criteria are those for a building, which requires no new natural gas appliances or plumbing, and no wasteful, inefficient, or unnecessary electrical usage. The project does not propose gas usage or connections and per the analysis under Utilities and Service Systems, would not result in wasteful, inefficient, or unnecessary electrical usage. If compared to the new Air District GHG checklist thresholds, the currently proposed billboard would be found to have a less than significant impact. Additionally, the project would be required to comply with any applicable requirements of the City’s recently updated Climate Action Plan and would be consistent with the no impact conclusion for this topic in the Prior IS/MND. Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior 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 Prior IS/MND, the currently proposed billboard is located in a developed urban area adjacent to a highway and would have substantially the same construction and operational activities as analyzed under the Prior IS/MND. The currently proposed billboard would not create hazardous emissions/materials near a school, would not result in airport hazards, would not impact 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 Prior IS/MND identified a potentially-significant impact related to unexplored potential for hazardous materials and included Mitigation Measure Haz-1 (included in full in Attachment A), 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 (included in full in Attachment A), requiring the operator to follow applicable regulations regarding proper disposal and/or recycling of billboard components; to reduce the impact to less than significant. These mitigation measures would remain applicable to the currently proposed billboard, and the impact would be within the less than significant with mitigation impact conclusion identified in the Prior IS/MND. Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior 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). 187 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 22 HYDROLOGY AND WATER QUALITY Impacts remain Less than Significant/No Impact The currently proposed billboard would have substantially the same construction and operational activities as the billboard analyzed under the Prior IS/MND. As under the Prior IS/MND, the currently proposed billboard would not use water during operation, would not substantially change site drainage, and is not located in an area subject to flooding or inundation.3 Standard construction practices are required per SSF Municipal Code Section 14.04.180 to be implemented on all construction sites to minimize the potential for construction-period runoff to impact off-site water quality. These standard practices would ensure that there would be no significant impact related to water quality during the construction period. Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior 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 Prior 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. Only three digital billboards are currently allowed under the South San Francisco Zoning Code. Amendment of the Zoning Code as proposed with the currently proposed billboard would allow this fourth digital billboard. Assuming approval of the Zoning Code amendment, there would be no conflict with the Zoning Code or other planning document and impacts related to land use plan conflicts would remain less than significant. Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior 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 Prior 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 3 Federal Emergency Management Agency (FEMA), effective 4/5/2019, Flood Insurance Rate Map (FIRM), Map Number 06081C0044F, available at https://www.fema.gov/flood-maps. 188 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 23 mineral recovery site on any land use plan.4 There would be no impact to mineral resources as a result of the currently proposed billboard. Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior IS/MND Mineral Resources analysis or conclusions, and impacts would remain unchanged (no impact). NOISE Impacts remain Less than Significant/No Impact As under the Prior IS/MND, the currently proposed billboard is located in a developed urban area adjacent to a highway and would have substantially the same construction and operational activities as the assumptions under the Prior IS/MND. Standard construction noise hours and volumes are specified per SSF Municipal Code Section 8.32.050 and are required to be implemented on all construction sites to minimize the potential for construction-period noise impacts. 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 currently proposed billboard would result in no substantial changes to the Prior IS/MND Noise analysis or conclusions, and impacts would remain unchanged from the Prior IS/MND (no impact/less than significant). POPULATION AND HOUSING Impacts remain No Impact As under the Prior 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 currently proposed billboard would result in no substantial changes to the Prior IS/MND Population and Housing analysis or conclusions, and impacts would remain unchanged (no impact). PUBLIC SERVICES Impacts remain No Impact As under the Prior 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 currently proposed billboard would result in no substantial changes to the Prior IS/MND Public Services analysis or conclusions, and impacts would remain unchanged (no impact). 4 California Department of Conservation, California Geological Survey Information Warehouse: Mineral Land Classification. 2015.Special Report 146: Part II, Plate 2.65, available at: https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc. 189 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 24 RECREATION Impacts remain No Impact As under the Prior 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 currently proposed billboard would result in no substantial changes to the Prior 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 Prior IS/MND, operation of a billboard would not generate vehicle trips or otherwise change traffic patterns or access. Consistent with the Prior IS/MND conclusions, except as discussed below, the currently proposed billboard would have no impact related to transportation. The Prior IS/MND identified a potentially-significant impact related to increase of traffic hazards and included Mitigation Measure Traf-1 (included in full in Attachment A), requiring submission of an annual report confirming compliance with traffic and safety regulations; and Mitigation Measure Traf-2 (included in full in Attachment A), requiring compliance with operational safety measures, to reduce the impact to less than significant. These mitigation measures would remain applicable to the currently proposed billboard and the project would be within the less than significant with mitigation conclusion of the Prior IS/MND. Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior 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/Less than Significant The currently proposed billboard would have substantially the same construction and operational activities as the billboard analyzed under the Prior IS/MND, but with the increase in energy efficiency of current models of digital billboards, is estimated to use about 40 MWh per year of electricity, which is less than half of the energy use assumed for one billboard under the Prior IS/MND. While a digital billboard would result in electrical use, it would be required to meet or exceed applicable electrical codes and efficiencies and, as discussed under Regulatory Provisions beginning on page 10 of this document, digital billboards are allowable under federal, state, and local codes with relocation agreements or in-lieu fees. Therefore, the proposed electrical use would not be considered wasteful, inefficient, or unnecessary for CEQA purposes and would be within the less than significant impact conclusions in the Prior IS/MND. Consistent with conclusions of the Prior IS/MND, operation of a digital billboard would not otherwise require utilities and would have no impact related to utilities and service systems, and this conclusion remains applicable to the currently proposed billboard. 190 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND Page 25 Therefore, given the substantial evidence above, the currently proposed billboard would result in no substantial changes to the Prior IS/MND Utilities and Service Systems analysis or conclusions (no impact/less than significant). CONCLUSIONS Given the substantial evidence presented in this document, and pursuant to CEQA Guidelines Section 15164, some minor changes or additions to the Prior IS/MND were necessary to describe the currently proposed billboard and its potential impacts, but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred as demonstrated by the following statements: (1) The currently proposed billboard 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; and (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 would increase the cumulative total of digital billboards in the city by one more than assumed under the Prior IS/MND and within the same geographic location, based on the analysis in this document, the addition of the currently proposed billboard would be considered a minor technical change or addition per CEQA Guidelines Section 15164. Therefore, this addendum, in combination with the Prior IS/MND, is the appropriate CEQA document and no additional CEQA analysis or documentation is required to make a decision on the currently proposed billboard. All mitigation measures identified in the Prior IS/MND would remain applicable to the currently proposed billboard, as listed in the MMRP for this project included as Attachment A. Standard conditions applicable to the project and discussed in this document are also listed in Attachment A. 191 STANDARD CONDITIONS AND MITIGATION MONITORING AND REPORTING PROGRAM ATTACHMENT A to the 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND 192 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND, MMRP Page A-1 STANDARD CONDITIONS AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 140 BEACON STREET BILLBOARD PROJECT In the first section of the table, standard conditions are listed from the South San Francisco Municipal Code as indicated. In the second section, the mitigation measures from the 101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment are listed, all of which are applicable to the 140 Beacon Street Billboard Project. Standard Condition Timing/ Schedule Implementation Responsibility Verification Monitoring Action Monitoring Responsibility Date Completed Standard Condition: Construction Site Runoff BMPs. Pursuant to South San Francisco Municipal Code 14.04.180 all construction sites in the city shall implement best management practices (BMPs), including year round effective erosion control, run-on and runoff control, sediment control, active treatment systems (as appropriate), good site management, and non-stormwater management through all phases of construction (including, but not limited to, site grading, building and finishing of lots) until the site is stabilized by landscaping or the installation of permanent erosion control measures. BMPs means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to “waters of the United States.” Prior to issuance of building permits Applicant Verify inclusion of requirements in planning documents SSF Planning Division 193 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND, MMRP Page A-2 Standard Condition Timing/ Schedule Implementation Responsibility Verification Monitoring Action Monitoring Responsibility Date Completed Standard Condition: Construction Noise. Section 8.32.050 of South San Francisco Municipal Code states that construction, alteration, repair, or landscape maintenance actives which are authorized by a valid City permit shall be allowed on weekdays between the hours of 8:00 a.m. and 8:00 p.m., on Saturdays between the hours of 9:00 a.m. and 8:00 p.m., and on Sundays and holidays between the hours of 10:00 a.m. and 6:00 p.m. or when authorized by a permit and not exceeding 90 dB at a distance of 25 feet or exceeds 90 dB at any point outside a proposed project’s property plane. Prior to issuance of demolition, building or grading permits Applicant Verify inclusion of requirements in construction documents SSF Building Division Mitigation Measure Timing/ Schedule Implementation Responsibility Verification Monitoring Action Monitoring Responsibility Date Completed Visual-1: Billboard Brightness Field Testing. The Applicant shall demonstrate through field testing compliance with a 0.3 footcandle increase over ambient light at 250 feet during nighttime conditions upon initial start-up, at 6 months of operation and at the request of the City for the life of the billboard. The Applicant shall fund field testing by an independent contractor or City staff trained in the use of a handheld photometer to demonstrate continued compliance. The City shall consider citizen complaints consisting of direct personal impacts as cause for requesting field testing. If increases in ambient light are found to be above the 0.3 footcandle level, the dimming level shall be adjusted until Before operations -and- After 6 months of operation Applicant Verify requirements are met during grading and construction SSF Building Division 194 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND, MMRP Page A-3 Mitigation Measure Timing/ Schedule Implementation Responsibility Verification Monitoring Action Monitoring Responsibility Date Completed this level can be demonstrated. This must be completed and demonstrated through follow-up field testing within 24 hours or the billboard shall not be operated until the lighting levels can be brought into compliance. If no above-threshold levels have been measured in the prior three tests, field testing shall be requested no more often than twice yearly. Otherwise, field tests can be requested up to once monthly. Air-1: Basic Construction Management Practices. The Project shall demonstrate proposed compliance with all applicable regulations and operating procedures prior to issuance of demolition, building or grading permits, including implementation of the following BAAQMD “Basic Construction Mitigation Measures”: i) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. ii) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. iii) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. iv) All vehicle speeds on unpaved roads shall be limited to 15 mph. v) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Prior to issuance of all grading and construction permits -and- During grading and construction Applicant Verify construction contractors provide acknowledgment of requirements -and- Verify requirements are met during grading and construction SSF Building Division 195 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND, MMRP Page A-4 Mitigation Measure Timing/ Schedule Implementation Responsibility Verification Monitoring Action Monitoring Responsibility Date Completed vi) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. vii) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. viii) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Cultural-1: Cultural Monitoring and Mitigation Plan. The Project applicant shall fund preparation and implementation of a cultural monitoring and mitigation plan by a qualified archaeologist to address the potential for presence and disturbance of Native American archaeological resources or remains during excavation of the billboard pole footing. This will include at a minimum monitoring during excavation of the billboard pole footing and may also include but is not limited to additional archival research, hand auger sampling, shovel test units, geoarchaeological analysis, or other common methods used to identify the presence of archaeological resources to be determined per the recommendation of the Prior to and during construction activities involving ground disturbance Applicant Verify inclusion of requirements in construction documents SSF Building Division 196 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND, MMRP Page A-5 Mitigation Measure Timing/ Schedule Implementation Responsibility Verification Monitoring Action Monitoring Responsibility Date Completed qualified archaeologist. The archaeologist and construction contractors shall follow the appropriate procedures should any cultural resources or human remains be discovered during ground disturbance. Haz-1: Phase I and/or Phase II Reports. Prior to issuance of construction permits, the City of South San Francisco shall require the Project applicant to submit a Phase I environmental site assessment report, and a Phase II report if warranted by the Phase I report for the Project site. The reports shall make recommendations for remedial action in accordance with State and Federal laws, if appropriate, and should be signed by a Registered Environmental Assessor, Professional Geologist, or Professional Engineer. The Applicant shall comply with these recommendations. Prior to issuance of construction permits Applicant Verify requirements are met SSF Planning Division Haz-2: E-Waste Disposal. Electronic components of the billboard may contain materials considered “e-waste” when disposed of due to potentially hazardous metals, flame retardants, and other chemicals. The operator shall be required to follow applicable regulations regarding proper disposal and/or recycling, as appropriate, as components are replaced or removed over time. Over the life of the project Applicant Verify requirements are met SSF Building Division Traf-1: Annual Report. The operator of the digital billboard shall submit to the City, within thirty days following June 30 of each year, a written report regarding operation of each digital billboard during the preceding period of July 1 to June 30. The operator may submit a combined report for all such digital billboards operated by Annually Applicant Verify requirements are met SSF Planning Division 197 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND, MMRP Page A-6 Mitigation Measure Timing/ Schedule Implementation Responsibility Verification Monitoring Action Monitoring Responsibility Date Completed such operator within the City limits. The report shall, when appropriate, identify incidents or facts that relate to specific digital billboards. The report shall be submitted to the Director of the Economic and Community Development Department and shall include information relating to the following: a. Status of the operator’s license as required by California Business and Professions Code §§5300 et seq.; b. Status of the required permit for individual digital billboards, as required by California Business and Professions Code §§5350 et seq.; c. Compliance with the California Outdoor Advertising Act, California Business and Professions Code §§5200 and all regulations adopted pursuant to such Act; d. Compliance with California Vehicle Code §§21466.5 and 21467; e. Compliance with provisions of written agreements between the U.S. Department of Transportation and the California Department of Transportation pursuant to the federal Highway Beautification Act (23 U.S.C. §131); f. Compliance with mitigation measures identified in the Mitigated Negative Declaration adopted as part of Project approval; g. Each written or oral complaint received by the operator, or conveyed to the operator by any government agency or any other person, regarding operation of each digital billboard included in the report; 198 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND, MMRP Page A-7 Mitigation Measure Timing/ Schedule Implementation Responsibility Verification Monitoring Action Monitoring Responsibility Date Completed h. Each malfunction or failure of each digital billboard included in the report, which shall include only those malfunctions or failures that are visible to the naked eye, including reason for the malfunction, duration and confirmation of repair; and i. Operating status of each digital billboard included in the report, including estimated date of repair and return to normal operation of any digital billboard identified in the report as not operating in normal mode. Traf-2: Operational Safety. The operation of the digital billboard shall comply with the following at all times: a. No special visual effects that include moving or flashing lights shall accompany any message or the transition between two successive messages; b. The operator shall not install or implement any technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to a radio frequency identification device, geographic positions system, or other device without prior approval of the City of South San Francisco, taking into consideration technical studies and CalTrans or US DOT policies and guidance available at the time of the request. Ongoing during operations Applicant / Operator Included in Review of Annual Report SSF Planning Division 199 BIOLOGICAL ASSESSMENT ATTACHMENT B to the 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MND 200 1 H. T. HARVEY & ASSOCIATES July 14, 2023 Rebecca Auld | Vice President Lamphier-Gregory 4100 Redwood Rd Ste 20A - #601 Oakland, CA 94619 Subject: 140 Beacon Street Outfront Foster Interstate Billboard Project – Biological Impacts Assessment (HTH #4762-01) Dear Rebecca Auld: Per your request, H. T. Harvey & Associates has performed a biological impacts assessment for the construction of a new Outfront Foster Interstate LED billboard at 140 Beacon Street in South San Francisco, California, located on the east side of U.S. Highway 101 (Hwy 101), and north of the Interstate 380 (I-380)/Hwy 101 interchange (Figure 1). The proposed project site at 140 Beacon Street is located on vacant Pacific Gas & Electric (PG&E) land, on the west side of the K1 Speed Indoor Go Karts building. The new billboard would have an overall height of 65 feet (ft) above existing grade, with north and south-facing 14 ft tall by 48 ft wide LED displays visible to vehicles traveling in both directions on Hwy 101. The proposed billboard would display a rotation of eight 8-second static images and will operate 24 hours per day, seven days per week. The billboard would not show video or motion. Outfront Foster Interstate is proposing to install Opto-Tech LED signs configured to minimize light spillage and constrain brightness in accordance with industry guidelines and consistent with standards established by California law. Shaders will be located above each row of LEDs to prevent light from projecting upward into the sky. The diode pattern of LED bulbs is based on a Nichia series 336 LED, with projected viewing angle values for the proposed billboard at + 14.9°/ -34.6° vertically and ± 45° horizontally. Light levels would be controlled by a daily clock and adjusted to ambient light conditions. The maximum light output level of the billboard displays would be 0.3 foot-candles (fc) above ambient lighting conditions, measured at a distance of 250 ft. The foundation for the proposed billboard would be a drilled shaft with a poured concrete footing that would be located on existing pavement. The column foundation would be 5 ft in diameter and extend to an estimated depth of 41 ft below the pavement ground surface. The construction of a new billboard on the project site is allowable under the existing zoning code and within the area anticipated as described in the Initial Study and Mitigated Negative Declaration: 101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment, for which H. T. Harvey & Associates prepared the biological impact assessment. In addition, H. T. Harvey & Associates had previously assessed this 201 ^_^_ ^_^_ ^_^_ ^_ ^_ SANFRANCISCO MARIN SAN MATEO Napa Fairfield San Rafael Martinez San Francisco Oakland Redwood City N:\Projects4700\4762-01\Shapefiles\Beacon Street Billboard.aprx1,000 0 1,000500 Feet± Figure 1. Vicinity Map 140 Beacon Street Outfront Foster Interstate Billboard Project – Biological Impacts Assessment (4762-01) July 2023 Project Vicinity California 140 Beacon Street Legend Proposed LED Billboard Location 202 3 H. T. HARVEY & ASSOCIATES general area in the 345 Shaw Road/South San Francisco Highway 101 Clear Channel Billboard Project – Biological Impact Assessment report that we prepared for Lamphier-Gregory on August 27, 2019. Therefore, our assessment in this report draws heavily from our research and analysis of that report and from other previous billboard projects we have evaluated for Lamphier-Gregory. Methods Prior to conducting a field visit, we reviewed the California Natural Diversity Database (CNDDB 2023) and also reviewed records of birds reported in nearby areas on eBird (Cornell Lab of Ornithology 2023), to determine whether there were known occurrences of special-status species in the vicinity of the project site along Hwy 101, so that the potential effects of billboard construction and operation could be assessed in the context of these species’ distributions. I then conducted a site visit on June 13, 2023, to provide a basis for determining the potential direct and indirect effects of the billboard’s lighting on wildlife. I inspected habitat conditions in areas immediately surrounding the proposed project site and in adjacent areas. Following the completion of the survey, we determined the potential for installation and operation of the proposed new billboard to impact biological resources, such as special-status species and sensitive/regulated habitats, based on the conditions at the proposed project site. Existing Site Conditions Overall existing site conditions in the project area along Hwy 101 consist primarily of highly developed industrial, commercial, and residential land uses, where multiple digital and traditional, non-digital billboards, as well as street signs, are currently located. Below, we describe project site condition characteristics, and the probability of special-status species or sensitive/regulated habitats occurring near or within the proposed project site location. Photo 1. Looking south from the proposed project site at 140 Beacon Street. 203 4 H. T. HARVEY & ASSOCIATES As described above, the proposed project site is located on the east side of Hwy 101, with the project footprint located entirely on existing pavement. The project footprint is located on vacant PG&E property and is bounded to the east by a chain link fence, separating the PG&E property from the K1 Speed Indoor Go Karts building; and bounded to the west by another chain link fence, separating the PG&E property from an approximately 35-ft wide strip of mixed ruderal and wetland vegetation that runs parallel to the east shoulder of Hwy 101 (Photos 1 and 2). A vacant pavement parking lot and three electrical transmission towers (with overhead lines) are located north of the project footprint (Photo 3). Dominant ruderal vegetation found around the edges of the project footprint and within the vegetated strip separating the project site from Hwy 101 includes nonnative species such as fennel (Foeniculum vulgare), bristly ox-tongue (Helminthotheca echioides), and wild oat (Avena fatua). Native species include panicled willow herb (Epilobium brachycarpum) and Canada horseweed (Erigeron canadensis), both of which are common in disturbed ruderal habitats. Immediately west of the project footprint is a cultivated Monterey cypress (Hesperocyparis macrocarpa), surrounded by nonnative Himalayan blackberry (Rubus armeniacus) bushes. The southern end of the project site is composed primarily of nonnative vegetation such as pampas grass (Cortaderia sp.), Bermuda grass (Cynodon dactylon), fennel, and wild oat, bordered to the east by a few rock daphne (Daphne sericea) shrubs and privet trees (Ligustrum sp.). Photo 2. Looking west towards the mixed ruderal and wetland vegetation strip that separates the project site from Hwy 101. The 345 Shaw Road billboard is seen on the west side of Hwy 101. Photo 3. Looking north from the project site. Note the two digital billboards behind the electrical transmission towers. 204 5 H. T. HARVEY & ASSOCIATES The vegetated strip on the west side of the chain link fence, separating the project site from Hwy 101 includes characteristic plant species representative of a brackish marsh habitat. Those species include saltgrass (Distichlis spicata), pickleweed (Salicornia pacifica), gumplant (Grindelia sp.), alkali Russian thistle (Salsola soda), cut leaf plantain (Plantago coronopus), and fat-hen (Atriplex prostrata), which are interspersed by nonnative vegetation as described above, as well as native coyote brush (Baccharis pilularis), which has been cut back. The section of the brackish marsh habitat directly west of the project site did not contain any ponded water or support a discernible channel. However, approximately 110 ft northwest of the project site on the west side of the chain link fence, a pond of brackish water occurs and appears to be fed by an underground culvert (circled in red in Photo 4). This ponded water feeds a small wetted-channel (Photo 5) that runs parallel to Hwy 101 and eventually terminates approximately 285 ft north of the pond, just short of San Bruno Channel, which is located approximately 530 ft north of the project site. During winter rain events, flows of this small wetted-channel most likely increase, connecting with San Bruno Channel; but at the time of the site visit, there was no aquatic connectivity between the wetted-channel and San Bruno Channel. No part of San Bruno Channel, or the aquatic habitat are located within the boundaries of the project site. The vast majority of plant and animal species occurring within the project area and on or immediately adjacent to the proposed project site at 140 Beacon Street, are very common species associated with urban, developed, Photo 4. Looking southwest towards the ponded water location, approximately 110 ft northwest of the project site. The underground culvert is circled in red. Photo 5. Looking northwest towards the small wetted- channel, which terminates approximately 285 ft north of the ponded water location. 205 6 H. T. HARVEY & ASSOCIATES and ruderal conditions found throughout the Bay Area. Common bird species expected to occur here include the Anna’s hummingbird (Calypte anna), mourning dove (Zenaida macroura), black phoebe (Sayornis nigricans), American crow (Corvus brachyrhynchos), California towhee (Melozone crissalis), and house finch (Haemorhous mexicanus). Common waterbird species expected to occur along the San Bruno Channel include the snowy egret (Egretta thula), great blue heron (Ardea herodias), mallard (Anas platyrhynchos), American coot (Fulica americana), and western gull (Larus occidentalis), all of which are expected to forage along the channel, as well as Canada geese (Branta canadensis), who’s nests and young were observed in the channel during the site visit. These waterbird species may occur occasionally within the small wetted-channel, along with the Pacific tree frog (Hyliola regilla). Special-Status Species and Sensitive Habitats We collected and reviewed information from several sources, including the California Natural Diversity Database (CNDDB 2023), to determine whether there were known occurrences of special-status species, and if they could potentially occur in the vicinity of the project site. Special-Status Plant Species A list of 36 special-status plants with some potential for occurrence in the project region was compiled using CNDDB records (CNDDB 2023) and reviewed for each species potential to occur on the project site, or more widely in the project area. Based on an analysis of the documented habitat requirements and occurrence records associated with these species, all were determined to be absent from the project site/study area due to at least one of the following reasons: (1) lack of suitable habitat types; (2) absence of specific microhabitat or edaphic requirements; (3) the species is presumed extirpated or is not expected to occur in the project vicinity due to range; and/or (4) the project site and study area are too disturbed to be expected to support the species. Special-Status Animal Species A number of special-status animal species are known to occur in the project area vicinity (CNDDB 2023). However, all of these species have been determined to be absent from the project site because it lacks suitable habitat, is outside of the known range of the species, and/or is isolated from the nearest known extant populations by development or otherwise unsuitable habitat. Animal species considered for occurrence but rejected, as well as the reasons for their rejection, include the following (among others): • The state and federally endangered California Ridgway’s rail (Rallus obsoletus obsoletus), and the Alameda song sparrow (Melospiza melodia pusillula) and San Francisco common yellowthroat (Geothlypis trichas sinuosa), both California species of special concern, have all been recorded in the San Bruno Marsh Complex, located approximately 0.45 mi east of the project site, where the San Bruno Creek and Channel empties into the Bay (CNDDB 2023, Cornell Lab of Ornithology 2023). California Ridgway’s rails have also been detected along San Bruno Channel, approximately 525 ft north of the project site (Avocet Research Associates 2007). However, given the lack of suitable marsh or Bay shoreline habitat on the project site, we do not expect any of these species to occur on the project site or within the 206 7 H. T. HARVEY & ASSOCIATES surrounding project area. Although aquatic and marsh habitat is present northwest of the project site, this habitat does not constitute appreciable high-quality habitat for these species, and there is no other areas adjacent to any portions of the project site, that are close enough for construction of a billboard on the project site to adversely affect these marsh species. Further, the site visit was conducted at the peak-time of the breeding season for the Alameda song sparrow and San Francisco common yellowthroat, and neither species was detected (even in the marsh adjacent to the project site) at the time. • The California red-legged frog (Rana draytonii), federally listed as threatened and a California species of concern, is known to occur in the project vicinity (CNDDB 2023). Its preferred breeding habitat consists of deep perennial pools with emergent vegetation for attaching egg clusters (Fellers 2005), as well as shallow benches to act as nurseries for juveniles (Jennings and Hayes 1994). The proposed project site lacks aquatic habitat for this species. Moreover, critical habitat, which was designated in March 2010 (USFWS 2010), is not present on the project site. The nearest known record of the California red-legged frog is approximately 1 mi southwest of the proposed project site, from a canal just northwest of the San Francisco International Airport. This is within known dispersal distance for this species (2.0 mi). However, this and all other known California red-legged frog locations are isolated from the project site, and from all portions of the study area, by substantial urbanization and infrastructure, including Hwy 101 and I-380, which are both barriers to overland dispersal of California red-legged frogs to the project site. Thus, based on the lack of breeding habitat on the project site and the isolation of the project site from all known or potential breeding locations by intensive development, California red-legged frogs are not expected to occur within the project site. • Likewise, the San Francisco garter snake (Thamnophis sirtalis tetrataenia), federal and state listed as endangered and a fully protected species, is determined to be absent from the project area. The San Francisco garter snake is closely associated with the California red-legged frog; adult snakes feed primarily on adult frogs and occur in the same habitat. The project site is isolated from known San Francisco garter snake populations by impediments to dispersal such as Hwy 101, I-380, city streets, and commercial development; lacks suitable aquatic habitat and dense vegetative cover such as willows (Salix spp.), bulrushes (Schoenoplectus spp.), and cattails (Typha spp.); and lacks breeding habitat for California red-legged frogs, its primary prey species. Thus, San Francisco garter snakes are not expected to occur on the project site or elsewhere within the project area. • Although historically present within Colma Creek (approximately 0.6 mi north of the project site), the federally listed Central California Coast steelhead (Oncorhynchus mykiss) has not been observed in Colma Creek since 1981, nor does any suitable habitat exist for steelhead within the creek due to the highly- modified nature of the creek’s channel (HWE 2016). However, due to Colma Creek being tidally influenced, steelhead may stray into the creek, typically during the migration period of December to March (HWE 2016). In addition to the steelhead, two other special-status fish species, the green sturgeon (Acipenser medirostris; federally threatened) and longfin smelt (Spirinchus thaleichthys; state threatened), have the potential to occur in low numbers in the Colma Creek channel during high tide. However, given that there is no suitable breeding habitat for either species within the reach of Colma 207 8 H. T. HARVEY & ASSOCIATES Creek located north of the project site the potential for them to occur is low (HWE 2016). Furthermore, billboard construction would have no impacts on any fish present in tidal waters of Colma Creek or elsewhere in the vicinity of the project area due to the intervening distance between the project site and these waters. • No suitable habitat is present on the project site or within the project area for any of the special-status butterflies associated with natural habitats on San Bruno Mountain, over two mi north of the project site, such as the Bay checkerspot (Euphydryas editha bayensis), Callipe silverspot (Speyeria callipe callipe), San Bruno elfin (Callophrys mossii bayensis), Mission blue (Plebejus icarioides missionensis), and monarch (Danaus plexippus). Sensitive/Regulated Habitats No sensitive or regulated habitats (i.e., riparian, wetland or other waters of the U.S./State) occur on the project site, and the project footprint has been located so as to specifically avoid adjacent wetlands and other waters. However, sensitive marsh habitats are located close enough to the project site that they are worth considering from the perspective of potential indirect impacts. The brackish marsh habitat, ponded areas, and the small wetted-channel that are located within 50-110 ft of the project site would be considered waters of the U.S./State and thus would be regulated by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act (and, in the case of tidal waters, under Section 10 of the Rivers and Harbors Act) and by the San Francisco Bay Regional Water Quality Control Board under Section 401 of the Clean Water Act and the Porter-Cologne Water Quality Control Act. In addition, tidal marsh habitat (i.e., San Bruno Channel) that would be considered waters of the U.S./State and regulated as described above, is found approximately 500 ft north of the project site. The locations of those sensitive habitats are shown in Figure 2. Biological Impacts Assessment Potential project impacts on biological resources were evaluated from three different perspectives: • the direct and indirect effects of the installation of a digital billboard on biological resources (e.g., habitat impacts or disturbance during construction); • the indirect effects of illuminance from a digital billboard (i.e., the amount of light from the billboard that lands on a certain area) on sensitive species in adjacent areas; and • the potential effects of a digital billboard’s luminance (i.e., the amount of light leaving the billboard’s surface in a particular direction, or brightness of the digital billboard’s surface as seen by the eye) on the behavior of birds flying in the site vicinity. In each case, the standards against which we measured the significance of potential impacts were the California Environmental Quality Act (CEQA) significance criteria. 208 N:\Projects4700\4762-01\Shapefiles\Beacon Street Billboard.aprx100 0 10050 Feet± Figure 2. Sensitive Habitats 140 Beacon Street Outfront Foster Interstate Billboard Project – Biological Impacts Assessment (4762-01) July 2023Highway 101Beacon StreetShaw StreetLegend Proposed LED Billboard Location Sensitive Habitats: Aquatic Marsh San Br u n o C h annel San Bruno Ch a n n el 140 Beacon Street 209 10 H. T. HARVEY & ASSOCIATES Direct and Indirect Effects of Billboard Construction All activity associated with the construction of a new LED billboard at the proposed project site at 140 Beacon Street, is proposed to take place within the property boundaries of the vacant PG&E lot on existing pavement. As described above, no wetlands, riparian habitats, or other sensitive and/or regulated habitats are present within the boundaries of the proposed project site at 140 Beacon Street. Thus, no sensitive or regulated habitats would be impacted by the construction of the billboard at 140 Beacon Street. Sensitive habitats, in the form of wetlands and other waters of the U.S./State, are present in close proximity to the west side of the project site. Although those habitats will not be impacted directly by billboard construction, which would stay entirely out of those habitats, there is some potential for indirect impacts to those habitats to occur during and shortly after construction. For example, ground disturbance associated with billboard construction could loosen soil that could be washed into nearby wetlands and other waters. Given the very small footprint of billboard construction, such impacts are expected to be minimal, if they occur at all. However, fuel spills, leaks from equipment, or mobilization of sediments could adversely affect water quality in those wetlands/waters, which could then adversely affect wildlife that use those waterbodies. Such an impact is potentially significant given the ecological value of wetlands and other waters. However, implementation of the following measure (which may be considered a CEQA mitigation measure, or which may be incorporated into the project as Best Management Practices [BMPs]), would reduce indirect impacts on water quality to less-than- significant levels. Measure BIO-1: Implement Best Management Practices for Water Quality. The following measures shall be implemented during billboard installation to avoid indirect impacts on water quality in adjacent wetlands and other waters: • No construction equipment shall be fueled within 100 feet of sensitive habitats as shown on Figure 2. • All construction equipment shall be checked for leaks (and any leaks will be prepared) before it is used for billboard installation within 100 feet of wetlands or other waters shown on Figure 2. • During construction, standard erosion control and water quality measures such as fiber rolls, sand bag barriers, or storm drain inlet protection will be implemented to ensure that no soil, construction debris, or other materials shall be allowed to enter any sensitive habitat areas. • Following the completion of construction, any temporarily disturbed ground shall be restored, and any bare dirt present in temporary impact areas that could wash into wetlands or other waters during subsequent rain events will be stabilized via seeding or other means. As described above, no special-status plant or animal species are expected to occur within or immediately adjacent to any portion of the project area, and wildlife species that may occur are common species that are locally and regionally abundant. Billboard installation at 140 Beacon Street would not result in the modification of any naturally occurring habitat. As a result, no regional populations of these species would be affected, and project effects on these species would not be significant under CEQA. Further, no special-status bird species are expected to nest close enough to the proposed project site to be disturbed by project construction. 210 11 H. T. HARVEY & ASSOCIATES However, all native bird species that occur within the project site are protected from take by the federal Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code. Direct destruction of an active nest would violate the MBTA and Fish and Game Code, and abandonment of an active nest because of project construction activities could be considered take under the Fish and Game Code. The bird species that could nest close enough to potential billboard construction areas are all regionally common, mostly urban-adapted species. As a result, impacts to small numbers of these species’ nests would not result in regional declines in their populations. For this reason, impacts to nesting birds during billboard installation would not meet the CEQA threshold of a substantial adverse effect, and we consider impacts to nesting birds less than significant. However, to comply with the MBTA and Fish and Game Code, we recommend that construction of the billboard take place during the nonbreeding season (September 1 – January 31) if feasible. If construction during the nonbreeding season is not feasible, preconstruction surveys should be conducted to determine whether nests of protected birds are present in areas where they may be disturbed, and a biologist should determine the buffer around each nest necessary to avoid nest abandonment during construction. Indirect Effects of Illuminance of Adjacent Areas The intensity, spectral quality (i.e., the distribution of blue, green, red, and other portions of the light spectrum emitted by a light source), duration, and periodicity of exposure to light affect the biochemistry, physiology, and behavior of organisms (The Royal Commission on Environmental Pollution 2009). Many animals are extremely sensitive to light cues, having evolved behavioral and/or physiological responses to natural variations in light levels resulting from the day–night cycle, the cycle of the moon, and the seasonal light cycle. Responses can affect processes as diverse as growth, metabolism, patterns of movement (e.g. migration), feeding, breeding behavior, molting, and hibernation (Ringer 1972, de Molenaar et al. 2006). This holds true for birds (Longcore and Rich 2004, Miller 2006, de Molenaar et al. 2006, Da Silva et al. 2015), mammals (Beier 2006, de Molenaar et al. 2003 as cited in Longcore et al. 2016, Voigt et al. 2017), and other taxa as well, suggesting that increases in ambient light may interfere with these processes across a wide range of species, resulting in impacts on wildlife populations. Artificial lighting may also indirectly affect birds and mammals. For example, artificial lighting has been shown to increase the nocturnal activity of predators like owls, hawks, and mammalian predators (Negro et al 2000, Longcore and Rich 2004, DeCandido and Allen 2006, Beier 2006). In addition, it has been found to affect the composition of the invertebrate community present in the area (Davies et al. 2012), and some bat species have been found to congregate around artificial light sources because of the high numbers of flying insects they attract (Frank 1988, Eisenbeis 2006). The presence of artificial light may also influence habitat use by rodents such as the salt marsh harvest mouse (Reithrodontomys raviventris) (Beier 2006), and by breeding birds (Rogers et al. 2006, de Molenaar et al. 2006), by causing avoidance of well-lit areas, resulting in a net loss of habitat availability and quality. Light from currently existing sources illuminates areas throughout the project area to a considerable extent. Thus, our assessment of the impact of illuminance of adjacent areas by the proposed LED billboard took into 211 12 H. T. HARVEY & ASSOCIATES account the existing conditions as well as any expected changes in illuminance that would result from construction of an LED billboard at 140 Beacon Street. Currently, artificial illumination from a variety of sources affects the surrounding project area and the extent of Hwy 101 that the new proposed billboard would face, as well as the proposed project site at 140 Beacon Street. There are numerous conventional lighted billboards and commercial business signs on both the east and west side of Hwy 101. At least three double- sided digital LED billboards are located along the corridor of Hwy 101 to be targeted by the new billboard – the recently installed billboard at 345 Shaw Road in the Allstore Storage Units parking lot, and two billboards located on the northeast and northwest banks of the San Bruno Channel, approximately 715 and 875 ft, respectively, north of the project site. In addition, numerous streetlights and illuminated highway and street signs are present along Hwy 101, and other lighting emanating from commercial and industrial buildings is found along Hwy 101, west of the project site. As described above, the proposed billboard would be configured to minimize light spillage and constrain brightness by installing shaders above each row of LEDs to prevent light from projecting upward into the sky. The proposed LED billboard is expected to provide a maximum of 7.49 fc of illuminance at 50 ft, 1.87 fc at 100 ft, and 0.07 fc at 500 ft (above and beyond ambient light conditions) within its viewing angle. Illuminance would decrease with lateral distance from the center of the viewing angle. The projected viewing angle values for the proposed billboard would be +14.9°/ -34.6° vertically and ±45° horizontally. Light levels would be controlled by a daily clock and adjusted to ambient light conditions. The proposed LED billboard would be angled in such a way as to maximize the amount of visibility from specific portions of Hwy 101, so the area of brightest night illuminance projected by the proposed billboard would be directed at oncoming traffic. Figure 3 illustrates the illuminance of the billboard from the project site. The illuminance would dissipate from 7.49 fc at 50 ft, 1.87 fc at 100 ft, and to 0.07 fc at 500 ft, which would be considered negligible (A. Belenson pers. comm.). The proposed LED billboard would increase the illuminance (above current ambient conditions) across the 35-ft wide brackish marsh habitat found west of the project site. However, this small, isolated patch of marsh habitat does not provide suitable habitat for any special-status wildlife species, nor large numbers of non-special-status species, that may be affected by the increase in illuminance in this area. Further, the proposed LED billboard is not expected to substantially increase the amount of illuminance currently experienced by the San Bruno Channel (and the wildlife species potentially inhabiting the channel), located approximately 530 ft north of the project site. Thus, indirect impacts from increased illuminance on sensitive habitats and their wildlife communities would be considered less-than- significant. 212 50' 7.49fc N:\Projects4700\4762-01\Shapefiles\Beacon Street Billboard.aprx100 0 10050 Feet± Figure 3. Billboard Illumination Areas 140 Beacon Street Outfront Foster Interstate Billboard Project – Biological Impacts Assessment (4762-01) July 2023Highway 101Beacon StreetShaw StreetLegend Proposed LED Billboard Location Billboard Illumination Area Sensitive Habitats: Aquatic Marsh San Br u n o C h ann el San Brun o Ch annel 140 Beacon Street100' 1.87fc 500' 0.07fc 500' 0.07fc 50' 7.49fc 100' 1.87fc 213 14 H. T. HARVEY & ASSOCIATES Potential Effects of LED Billboard’s Luminance on Avian Flight Behavior Migrating Birds. The primary way in which the luminance of an LED billboard might affect the movements of birds in the project area is through the disorientation of nocturnally migrating birds. Hundreds of bird species migrate nocturnally in order to avoid diurnal predators and to minimize energy expenditures. Evidence that migrating birds are attracted to artificial light sources is abundant in the literature as early as the late 1800s (Gauthreaux and Belser 2006). Although the mechanism causing the attraction is unknown, the attraction is well documented (Longcore and Rich 2004, Gauthreaux and Belser 2006). Migrating birds may alter their orientation upon sighting an artificial light source, such as a billboard, and become drawn toward it. Once a bird is within a lighted zone at night, it may become “trapped” and not leave the lighted area (Herbert 1970, Longcore and Rich 2004). The disorienting effects of artificial lights directly affect migratory birds by causing collisions with light structures, buildings, communication and power structures, or even the ground (Gauthreaux and Belser 2006). Indirect effects might include orientation mistakes and increased length of migration due to light-driven detours. Migrating birds are much more likely to be impacted by a billboard’s luminance during foggy or rainy weather, when visibility is poor (Longcore and Rich 2004, Gauthreaux and Belser 2006). Research also suggests that the color of the light may play a significant role in determining whether birds become disoriented. Birds are able to orient to the Earth’s magnetic field under monochromatic blue or green light, but apparently cannot do so under red or white light (van de Laar 2007, Poot et al. 2008, Longcore and DelBusso 2016). Local Birds. Seabirds may be especially vulnerable to artificial lights because many species are nocturnal foragers that have evolved to search out bioluminescent prey (Imber 1975, Reed et al. 1985, Montevecchi 2006), and thus are strongly attracted to bright light sources. Seabirds that use the San Francisco Bay and various inland bodies of water on the Peninsula include primarily gulls, terns, and cormorants, none of which is generally a nocturnal forager; however, they may still forage to some extent during the night. As described above for migrating birds, when seabirds approach an artificial light, they seem unwilling to leave it and may become “trapped” within the sphere of the light source for hours or even days, often flying themselves to exhaustion or death (Montevecchi 2006). In addition to seabirds, the San Francisco Bay complex hosts hundreds of thousands of breeding, migrant, and wintering shorebirds. Approximately 0.5 mi east of the project site, where the San Bruno Creek and Channel empty into the Bay, high-quality foraging habitat is found in the San Bruno Marsh Complex, for a large number and diversity of waterbirds and shorebirds. A review of the eBird database, which has been established by the Cornell University Laboratory of Ornithology to archive records of birds seen worldwide, indicated that nearly 160 species of birds have been recorded in the San Bruno Marsh Complex, including at the mouth of Colma Creek and the SamTrans Marsh (Cornell Lab of Ornithology 2023). Thousands of shorebirds forage along the exposed mudflats in the Bay nocturnally as well as diurnally and move frequently between foraging locations in response to tide levels and prey availability. Biologists and hunters have long used sudden bright light as a means of blinding and trapping shorebirds (Gerstenberg and Harris 1976, Potts and Sordahl 1979), so evidence that shorebirds are affected by bright light is well established, though impacts of a consistent bright light are 214 15 H. T. HARVEY & ASSOCIATES undocumented. Nevertheless, based on the above studies, it is reasonable to conclude that shorebirds, like other bird species, may be disoriented by a very bright light in their flight path. Some seabirds such as gulls, terns, and cormorants move back and forth over the project site, between the Bay approximately 0.45 mi east of the study area and the shores of the Pacific Ocean, approximately 4.6 mi west of the study area. However, the majority of seabirds and large numbers of shorebirds that move in the vicinity of the study area move and forage primarily along the shoreline of the Bay east of the study area. These birds forage in open waters of the Bay and in areas such as the San Bruno Marsh Complex (shown on Figure 1); Oyster Point Marina, located 250 ft east of Area 8 and 145 ft east of Area 7; Brisbane Lagoon, located 0.37 mi north of Area 8; and Coyote Point, located 5.5 mi south of Area 1. With the exception of higher-altitude flights by some birds moving between the Bay and Ocean, movement of waterbirds perpendicular to Hwy 101 (and thus in and out of the study area) would be limited due to the absence of suitable foraging or breeding habitat for these birds in the areas immediately west of Hwy 101. Thus, we would not expect large numbers of seabirds and shorebirds to move through the study area, within areas of increased luminance from future billboard lights. Although the project area does not provide high-quality habitat for a large number or diversity of passerine birds, a few common, urban-adapted species are expected to occur in the project vicinity, as described above. Passerine birds have been documented responding to increased illumination in their habitats with nocturnal foraging and territorial defense behaviors (Longcore and Rich 2004, Miller 2006, de Molenaar et al 2006), but absent significant illumination, they typically do not forage at night, leaving them less susceptible to the attraction and disorientation caused by luminance when they are not migrating. Effects of the LED Billboard on Flight Behavior. The visibility of the proposed LED billboard to birds in flight, and thus the risk they pose to flying birds, depends primarily on the beam angles of the signs relative to the flight lines of birds and on the luminance (brightness) of the sign as perceived by the birds. The directional nature of LED lighting and the projected viewing angle values of +14.9°/ -34.6° vertically and ±45° horizontally suggest that the viewing angle of the signs would be narrow enough to preclude attracting migrating birds on clear nights, when they fly high enough to be outside the viewing angle of the sign. Louvers that shade the LED lights from above, creating a sharper image, assist in reducing reflection and help diffuse light – concurrently preventing light from projecting upward into the sky; such louvers will be incorporated into the proposed billboard. As a result, birds flying more than 14.9° above the center of the sign’s beam angle (i.e., north and south) will not be able to see light from the sign at all. However, migrating birds are forced to fly low during foggy and rainy conditions, which may bring them into the viewing angle of the billboard. The proposed LED billboard could produce a peak value of approximately 27.9 candelas (cd)/ft2 of luminance as measured from a full white 14 ft by 48 ft frame at 250 ft (A. Belenson pers. comm.). However, this would be the brightest case scenario with a full white screen when, in practice, most static images would run a mix of non-white colors, making actual average luminance output closer to half of the maximum brightness (A. Belenson pers. comm.), which would substantially reduce the amount of luminance produced and reduce the potential for light to disorient birds. For comparison, a full moon at its brightest point produces approximately 215 16 H. T. HARVEY & ASSOCIATES 232 cd/ft2 (LRC 2006). Further, the proposed billboard would be equipped with a light sensor that adjusts the brilliance of the billboard in response to available ambient light, dimming the luminance as ambient light lessens. Additionally, the LED display on the billboard can be changed every 8 seconds from a static image to a static image, resulting in a changing light source. Colors and patterns of color on the billboard would thus be changing, and birds flying near the sign would not perceive it as a fixed, unchanging light, the type of light that appears to be most attractive to birds (Jones and Francis 2003, Gauthreaux and Belser 2006, Gehring et al. 2009). As described above, the light beams from the proposed billboard would be angled in such a way as to maximize the amount of visibility from specific portions of Hwy 101. Because the area immediately surrounding the project site/study area is heavily urbanized, we do not expect large numbers of birds (including species of conservation concern) to be flying through the study area in locations, and at altitudes, where they would be at risk of confusion by or attraction to the luminance of the billboard. It is possible that some birds that find themselves near the center of a sign’s beam angle may be attracted to the sign. However, we do not expect this effect to result in long-term consequences, such as substantial numbers of bird-strike mortalities or substantial interference with bird movements, because a relatively limited area at low altitude above Hwy 101 would be within the center of the sign’s beam angle. Further, we do not expect the operation of the LED billboard to have a significant impact on seabirds or shorebirds. We also do not expect that the billboard would impact substantial numbers of roosting birds because the developed habitat on and immediately adjacent to the study area does not provide high quality roosting habitat. Given the configuration of bird habitats in the vicinity of the study area (which does not lend itself to directed bird flights toward the sign), the changing images that will be displayed on the LED billboard, the narrow viewing angle, and the use of overhead louvers to prevent light from projecting upward into the sky, we expect the sign’s impacts on avian flight behavior and avian roosting behavior to be less-than-significant under CEQA. Summary Based on the information provided by Outfront Foster Interstate concerning the proposed LED billboard, our review of literature concerning lighting effects on wildlife, our reconnaissance-level survey of the project site/area, and our knowledge of likely avian flight lines in the vicinity of the project site/area, we do not expect the construction of new LED billboard at 140 Beacon Street to result in significant impacts on wildlife as a result of increased luminance. Best Management Practices to avoid significant impacts on water quality during billboard construction should be implemented as described above under Measure BIO-1. 216 17 H. T. HARVEY & ASSOCIATES If the assumptions made in our analysis concerning the LED billboard’s characteristics (e.g., illuminance, luminance, or beam angle) differ from actual characteristics of the billboard, additional analysis may be necessary to determine whether impacts are significant. Please feel free to contact me at speterson@harveyecology.com or (408) 300-8690 if you have any questions regarding our report. Thank you very much for contacting H. T. Harvey & Associates regarding this project. Sincerely, Stephen L. Peterson, M.S. Project Manager, Senior Wildlife Ecologist 217 18 H. T. HARVEY & ASSOCIATES Literature Cited Avocet Research Associates. 2007. Surveys of selected marshlands in the San Francisco Estuary California Clapper Rail (Rallus longirostris obsoletus): Invasive Spartina Project, 2007. Prepared for Olofson Environmental, Inc. Berkeley, California. Beier, P. 2006. Effects of artificial night lighting on mammals. Pages 19-42 in Rich, C., and T. Longcore, editors. Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. [CNDDB] California Natural Diversity Database. 2023. Rarefind Version 5. California Department of Fish and Game, Biogeographic Data Branch. Cornell Lab of Ornithology 2023. eBird: An online database of bird distribution and abundance [web application]. eBird, Cornell Lab of Ornithology, Ithaca, New York. Available: http://www.ebird.org. (Accessed: June 2023). Da Silva, A., M. Valcu, and B. Kempenaers. 2015. Light pollution alters the phenology of dawn and dusk singing in common European songbirds. Phil. Trans. R. Soc. B 370: 20140126. Davies, T. W., J. Bennie, and K. J. Gaston. 2012. Street lighting changes the composition of invertebrate communities. Biol. Lett. 8, 764-767. DeCandido R., and D. Allen. 2006. Nocturnal hunting by peregrine falcons at the Empire State Building, New York City. Wilson J. Ornithol. 118(1):53-58. de Molenaar, J. G., R. J. H. G. Henkens, C. ter Braak, C. van Duyne, G. Hoefsloot, and D. A. Jonkers. 2003. Road illumination and nature, IV. Effects of road lights on the spatial behaviour of mammals. Alterra, Green World Research, Wageningen, The Netherlands. de Molenaar, J. G., M. E. Sanders, and D. A. Jonkers. 2006. Road lighting and grassland birds: Local influence of road lighting on a black-tailed godwit population. Pages 114-136 in Rich, C., and T. Longcore, editors. Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. Eisenbeis, G. 2006. Artificial night lighting and insects: Attraction of insects to streetlamps in a rural setting in Germany. Pages 67-93 in Rich, C., and T. Longcore, editors. Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. Fellers, G. M. 2005. Rana draytonii California red-legged frog. In M. Lannoo, ed. Amphibian Declines: The Conservation Status of United States Species. University of California Press. CA: Berkeley. Pp 552- 554. Frank, K. 1988. Impact of outdoor lighting on moths: An Assessment. Journal of the Lepidopterists’ Society 42(2) 63-93. 218 19 H. T. HARVEY & ASSOCIATES Gauthreaux, S. A., and C. G. Belser. 2006. Effects of artificial night lighting on migrating birds. Pages 67-93 in Rich, C., and T. Longcore, editors. Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. Gehring, J., P. Kerlinger, and A. Manville II. 2009. Communication towers, lights, and birds: Successful methods of reducing the frequency of avian collisions. Ecological Applications, 19(2):505-514. Gerstenberg, R. H., and S. W. Harris. 1976. Trapping and marking of shorebirds at Humboldt Bay, California. Bird Banding 47(1): 1-7. Herbert, A. D. 1970. Spatial disorientation in birds. Wilson Bull. 82(4): 400-419. [HWE] Horizon Water and Environment. 2016. Colma Creek Flood Control Channel Maintenance Project - Initial Study/Mitigated Negative Declaration. June 2016. (HWE 15.037) Oakland, CA. Prepared for County of San Mateo, Department of Public Works, Redwood City, CA. Imber, M. J. 1975. Behavior of petrels in relation to the moon and artificial lights. Notornis 22: 302-306. Jennings, M. R., and M. P. Hayes. 1994. Amphibian and reptile species of special concern in California. California Department of Fish and Game, Inland Fisheries Division, Rancho Cordova, California. Jones, J., and C. M. Francis. 2003. The effects of light characteristics on avian mortality at lighthouses. J. Avian Biol. 34(4): 328-333. Longcore, T., C. Rich, and L. DelBusso. 2016. Artificial Night Lighting and Protected Lands. Natural Resource Report NPS/NRSS/NSNS/NRR-2016/1213. Longcore, T., and C. Rich. 2004. Ecological light pollution. Front. Ecol. Environ. 2(4): 191-198. [LRC] Lighting Research Center. 2006. Illumination fundamentals. Pasadena, CA: Optical Research Associates. 48 pp. Miller, M. W. 2006. Apparent effects of light pollution on singing behavior of American robins. Condor 108(1): 130-139. Montevecchi, W. A. 2006. Influences of Artificial Light on Marine Birds in Rich, C., and T. Longcore, editors. Negro, J. J., J. Bustamante, C. Melguizo, J. L. Ruiz, and J. M. Grande. 2000. Nocturnal activity of lesser kestrels under artificial lighting conditions in Seville, Spain. J. Raptor Res. 34(4): 327-329. Poot, H., B. Ens, H. de Vries, M. Donners, M. Wernand, and J. Marquenie. 2008. Green light for nocturnally migrating birds. Ecology and Society 13(2): 47. Potts, W. K. and T. A. Sordahl. 1979. The gong method for capturing shorebirds and other ground-roosting species. North Amer. Bird Band. 4(3): 106-107. 219 20 H. T. HARVEY & ASSOCIATES Reed, J. R., J. L. Sincock, and J. P. Hailman. 1985. Light attraction in endangered Procellariform birds: Reduction by shielding upward radiation. Auk 102(2): 377-383. Ringer, R. K. 1972. Effect of light and behavior on nutrition. J. Anim. Sci. 35: 642-647. Rogers, D. I., T. Piersma, and C. J. Hassell. 2006. Roost availability may constrain shorebird distribution: Exploring the energetic costs of roosting and disturbance around a tropical bay. Biol. Conserv. 33(4): 225-235. The Royal Commission on Environmental Pollution. 2009. Artificial Light in the Environment. van de Laar, F. J. T. 2007. Green light to birds: investigation into the effect of bird-friendly lighting. NAM Locatie L15-FA-1, Assen, The Netherlands. Voigt, C. C., M. Roeleke, L. Marggraf, G. Petersons, and S. Voigt-Heucke. 2017. Migratory bats respond to artificial green light with positive phototaxis. PLOS One 12(5): e0177748. [USFWS] U.S. Fish and Wildlife Service. 2010. Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for California Red-legged Frog; Final Rule. Federal Register 75:12815- 12959. 220 CULTURAL/TRIBAL CULTURAL RECORDS SEARCH RESULTS ATTACHMENT C to the 2nd Addendum to the 101 Terminal Court Billboard and Zoning Amendment IS/MN 221 May 30, 2023 NWIC File No.: 22-1833 Jenna Sunderlin Lamphier-Gregory, Inc. 4100 Redwood Road, STE 20A - #601 Oakland, CA 94619 Re: Record search results for the proposed 140 Beacon Street Billboard Project Dear Jenna Sunderlin: Per your request received by our office on the 24th of May, 2023, a rapid response records search was conducted for the above referenced project by reviewing pertinent Northwest Information Center (NWIC) base maps that reference cultural resources records and reports, historic-period maps, and literature for San Mateo County. Please note that use of the term cultural resources includes both archaeological resources and historical buildings and/or structures. Outfront Media is proposing a new double-sided digital billboard at 140 Beacon Street (APN 015-171-999), in the City of South San Francisco, CA, on the east side of US-101, north of I- 380. The site is currently a paved, vacant lot. The sign foundation would be a drilled shaft with a poured concrete footing, five feet in diameter and extending to an estimated depth of 41 feet below the ground surface. A cone of additional grading around the column base would be approximately 5 feet wide to a depth of approximately 5 feet, and some trenching through developed sites for electrical connection would be required. The site would otherwise not be disturbed. Review of the information at our office indicates that there have been three cultural resource studies that may have covered up to 100% of the 140 Beacon Street Billboard project area in their Research Area, but is unclear if the area was covered in their Field Study (Meloy and Kubal 2017: S-49125, McKale and Gillies 2000: S-23551, and Anatasio et al 1988: S010402). This 140 Beacon Street Billboard project area may contain one recorded Native American archaeological resource, P-41-000047, Nelson Shellmound # 382. The State Office of Historic Preservation Built Environment Resources Directory (OHP BERD), which includes listings of the California Register of Historical Resources, California State Historical Landmarks, California State Points of Historical Interest, and the National Register of Historic Places, lists no recorded buildings or structures within or adjacent to the proposed 140 Beacon Street Billboard project area. In addition to these inventories, the NWIC base maps show no recorded buildings or structures within the proposed 140 Beacon Street Billboard project area. At the time of Euroamerican contact, the Native Americans that lived in the area were speakers of the Ramaytush language, which is part of the Costanoan/Ohlone language family (Levy 1978:485). There is one Native American resource in or adjacent to the proposed project area referenced in the ethnographic literature: a shellmound placed in the vicinity of San Bruno Point, 222 2 22‐1833 called Nelson 382, P-41-000047 (Nelson 1909: 350). According to recent field studies of this resource, its precise location, status, and nature remains unknown, and the current location as understood by this office may not be accurate (Meloy and Kubal 2017: 6-4/254). Based on an evaluation of the environmental setting and features associated with known sites, Native American resources in this part of San Mateo County have been found in areas marginal to the San Francisco bayshore, and inland near intermittent and perennial watercourses. The 140 Beacon Street Billboard project area is currently within an area of artificial fill and bay mud, but was historically within marshland along the margins of the San Francisco Bayshore, and adjacent to San Bruno Slough. Given the similarity of these environmental factors and the archaeological sensitivity of the area, there is a high potential for unrecorded Native American resources to be within the proposed 140 Beacon Street Billboard project area. Review of historical literature and maps indicated the possibility of historic-period activity within the 140 Beacon Street Billboard project area. Early San Mateo County maps indicate the project area was located within the landholdings of South San Francisco Land & Improvement Company adjacent to San Bruno Slough (Bromfield 1894). In addition, the 1896 and 1899 San Mateo USGS 15-minute topographic quadrangles depict a road heading to the nearby Bel Air Island within or adjacent to the project area. With this information in mind, there is a moderate potential for unrecorded historic-period archaeological resources to be within the proposed 140 Beacon Street Billboard project area. The 1939 San Mateo USGS 15-minute topographic quadrangle depicts a transmission line immediately adjacent to the 140 Beacon Street Billboard project area. If present, this unrecorded structure meets the Office of Historic Preservation’s minimum age standard that buildings, structures, and objects 45 years or older may be of historical value. RECOMMENDATIONS: 1) There may be one recorded archaeological resource in the proposed 140 Beacon Street Billboard project area, P-41-000047, Nelson Shellmound 382. It is recommended that a professional archaeologist assess the resource and provide project-specific recommendations. Please refer to the list of consultants who meet the Secretary of Interior’s Standards at http://www.chrisinfo.org. 2) There is a high potential for Native American archaeological resources and a moderate potential for historic-period archaeological resources to be within the project area. Given the potential for archaeological resources in the proposed 140 Beacon Street Billboard project area, our usual recommendation would include archival research and a field examination. The proposed project area, however, has been highly developed and is presently covered with asphalt and fill that obscures the visibility of original surface soils, which negates the feasibility of an adequate surface inspection. Therefore, prior to demolition or other ground disturbance, we recommend a qualified archaeologist conduct further archival and field study to identify archaeological resources. Field study may include, but is not limited to, hand auger sampling, shovel test units, or geoarchaeological analyses as well as other common methods used to identify the presence of 223 3 22‐1833 buried archaeological resources. Please refer to the list of consultants who meet the Secretary of Interior’s Standards at http://www.chrisinfo.org. 3) We recommend the lead agency contact the local Native American tribe(s) regarding traditional, cultural, and religious heritage values. For a complete listing of tribes in the vicinity of the project, please contact the Native American Heritage Commission at 916/373-3710. 4) If the proposed project area contains buildings or structures that meet the minimum age requirement, prior to commencement of project activities, it is recommended that this resource be assessed by a professional familiar with the architecture and history of San Mateo County. Please refer to the list of consultants who meet the Secretary of Interior’s Standards at http://www.chrisinfo.org. 5) Review for possible historic-period buildings or structures has included only those sources listed in the attached bibliography and should not be considered comprehensive. 6) If archaeological resources are encountered during construction, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources. Native American resources include chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat- affected rock, or human burials. Historic-period resources include stone or adobe foundations or walls; structures and remains with square nails; and refuse deposits or bottle dumps, often located in old wells or privies. 7) It is recommended that any identified cultural resources be recorded on DPR 523 historic resource recordation forms, available online from the Office of Historic Preservation’s website: https://ohp.parks.ca.gov/?page_id=28351 Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the California Historical Resources Information System (CHRIS) Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts. 224 4 22‐1833 The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public. Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law. Thank you for using our services. Please contact this office if you have any questions, (707) 588-8455. Sincerely, Jillian Guldenbrein Researcher 225 5 22‐1833 LITERATURE REVIEWED In addition to archaeological maps and site records on file at the Northwest Information Center of the Historical Resources Information System, the following literature was reviewed: Anastasio, Rebecca Loveland, Donna M. Garaventa, Stuart A. Guedon, Robert M. Harmon, and John W. Schoenfelder (Basin Research Associates, Inc.) 1988 A Cultural Resources Assessment for San Francisco Resource Supply Study (San Mateo Substation to Martin Substation), Daly City to City of San Mateo, San Mateo County, California. NWIC Report S-010402 Barrows, Henry D., and Luther A. Ingersoll 2005 Memorial and Biographical History of the Coast Counties of Central California. Three Rocks Research, Santa Cruz (Digital Reproduction of The Lewis Publishing Company, Chicago: 1893.) Beck, Karin G., Kathleen Kubal, and Jay Rehor (AECOM) 2017 Archaeological Survey Report and Extended Phase I Study, US 101 High- Occupancy Vehicle/Express (Managed) Lanes Project, San Francisco, San Mateo, and Santa Clara Counties, California, EA 04-1J5600. NWIC Report S-049125b Bowman, J.N. 1951 Adobe Houses in the San Francisco Bay Region. In Geologic Guidebook of the San Francisco Bay Counties, Bulletin 154. California Division of Mines, Ferry Building, San Francisco, CA. Brabb, Earl E., Fred A. Taylor, and George P. Miller 1982 Geologic, Scenic, and Historic Points of Interest in San Mateo County, California. Miscellaneous Investigations Series, Map I-1257-B, 1:62,500. Department of the Interior, United States Geological Survey, Washington, D.C. Bromfield, Davenport 1894 Official Map of San Mateo County, California Fickewirth, Alvin A. 1992 California Railroads. Golden West Books, San Marino, CA. General Land Office 1858 Survey Plat for Buri Buri Rancho. Heizer, Robert F., editor 1974 Local History Studies, Vol. 18., “The Costanoan Indians.” California History Center, DeAnza College, Cupertino, CA. 226 6 22‐1833 Helley, E.J., K.R. Lajoie, W.E. Spangle, and M.L. Blair 1979 Flatland Deposits of the San Francisco Bay Region - Their Geology and Engineering Properties, and Their Importance to Comprehensive Planning. Geological Survey Professional Paper 943. United States Geological Survey and Department of Housing and Urban Development. Hope, Andrew 2005 Caltrans Statewide Historic Bridge Inventory Update. Caltrans, Division of Environmental Analysis, Sacramento, CA. Hynding, Alan 1984 From Frontier to Suburb: The Story of San Mateo Penninsula. Star Publishing Company, San Mateo, CA. Kroeber, A.L. 1925 Handbook of the Indians of California. Bureau of American Ethnology, Bulletin 78, Smithsonian Institution, Washington, D.C. (Reprint by Dover Publications, Inc., New York, 1976) Levy, Richard 1978 Costanoan. In California, edited by Robert F. Heizer, pp. 485-495. Handbook of North American Indians, vol. 8, William C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. McKale, George and Sara E.P. Gillies (LSA Associates, Inc.) 2000 Cultural Resources Assessment Golden Gate Power Project, San Francisco International Airport, San Mateo County, California. NWIC Report S-023551 Meloy, Michael and Kathleen Kubal (California Department of Transportation, District 4; AECOM) 2017 Historic Property Survey Report for the US 101 Managed Lanes Project, EA 04-1J560. NWIC Report S-049125 Milliken, Randall 1995 A Time of Little Choice: The Disintegration of Tribal Culture in the San Francisco Bay Area 1769-1810. Ballena Press Anthropological Papers No. 43, Menlo Park, CA. Myers, William A. (editor) 1977 Historic Civil Engineering Landmarks of San Francisco and Northern California. Prepared by The History and Heritage Committee, San Francisco Section, American Society of Civil Engineers. Pacific Gas and Electric Company, San Francisco, CA. Nelson, N.C. 1909 Shellmounds of the San Francisco Bay Region. University of California Publications in American Archaeology and Ethnology 7(4):309-356. Berkeley. (Reprint by Kraus Reprint Corporation, New York, 1964) 227 7 22‐1833 Nichols, Donald R., and Nancy A. Wright 1971 Preliminary Map of Historic Margins of Marshland, San Francisco Bay, California. U.S. Geological Survey Open File Map. U.S. Department of the Interior, Geological Survey in cooperation with the U.S. Department of Housing and Urban Development, Washington, D.C. Postel, Mitchell P. 1994 San Mateo, A Centennial History. Scottwall Associates, San Francisco, CA. Roberts, George, and Jan Roberts 1988 Discover Historic California. Gem Guides Book Co., Pico Rivera, CA. San Mateo County Historic Resources Advisory Board 1984 San Mateo County: Its History and Heritage. Second Edition. Division of Planning and Development Department of Environmental Management. San Mateo County Planning and Development Department n.d. “Historical and Archaeological Resources, Section 5” from the San Mateo CountyGeneral Plan. State of California Department of Parks and Recreation 1976 California Inventory of Historic Resources. State of California Department of Parks and Recreation, Sacramento. State of California Department of Parks and Recreation and Office of Historic Preservation 1988 Five Views: An Ethnic Sites Survey for California. State of California Department of Parks and Recreation and Office of Historic Preservation, Sacramento. State of California Office of Historic Preservation ** 2022 Historic Properties Directory. Listing by City (through September 23, 2022). State of California Office of Historic Preservation, Sacramento. VanderWerf, Barbara 1992 Granada: A Synonym for Paradise, The Ocean Shore Railroad Years. Gum Tree Lane Books, El Granada, CA. **Note that the Office of Historic Preservation’s Historic Properties Directory includes National Register, State Registered Landmarks, California Points of Historical Interest, and the California Register of Historical Resources as well as Certified Local Government surveys that have undergone Section 106 review. 228 STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMISSION Page 1 of 2 June 21, 2023 Rebecca Auld Lamphier-Gregory Via Email to: rauld@lamphier-gregory.com Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, 140 Beacon Street Billboard Project, San Mateo County To Whom It May Concern: Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes that are traditionally and culturally affiliated with the geographic area of the above-listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) (“Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.”) Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to consult with California Native American tribes that have requested notice from such agencies of proposed projects in the geographic area that are traditionally and culturally affiliated with the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides: Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, which shall be accomplished by means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation pursuant to this section. The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for notification of projects in the tribe’s areas of traditional and cultural affiliation. The Native American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources. The NAHC also recommends, but does not require that agencies should also include with their notification letters, information regarding any cultural resources assessment that has been completed on the area of potential effect (APE), such as: 1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to: ACTING CHAIRPERSON Reginald Pagaling Chumash SECRETARY Sara Dutschke Miwok COMMISSIONER Isaac Bojorquez Ohlone-Costanoan COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomlaki COMMISSIONER Wayne Nelson Luiseño COMMISSIONER Stanley Rodriguez Kumeyaay COMMISSIONER Vacant COMMISSIONER Vacant COMMISSIONER Vacant EXECUTIVE SECRETARY Raymond C. Hitchcock Miwok, Nisenan NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov 229 Page 2 of 2 • A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites; • Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and • If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present. 2. The results of any archaeological inventory survey that was conducted, including: • Any report that may contain site forms, site significance, and suggested mitigation measures. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10. 3. The result of any Sacred Lands File (SLF) check conducted through the Native American Heritage Commission was negative. 4. Any ethnographic studies conducted for any area including all or part of the APE; and 5. Any geotechnical reports regarding all or part of the APE. Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource. This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process. If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current. If you have any questions, please contact me at my email address: Cody.Campagne@nahc.ca.gov. Sincerely, Cody Campagne Cultural Resources Analyst Attachment 230 Amah MutsunTribal Band of Mission San Juan Bautista Irene Zwierlein, Chairperson 3030 Soda Bay Road Lakeport, CA, 95453 Phone: (650) 851 - 7489 Fax: (650) 332-1526 amahmutsuntribal@gmail.com Costanoan Costanoan Rumsen Carmel Tribe Tony Cerda, Chairperson 244 E. 1st Street Pomona, CA, 91766 Phone: (909) 629 - 6081 Fax: (909) 524-8041 rumsen@aol.com Costanoan Indian Canyon Mutsun Band of Costanoan Ann Marie Sayers, Chairperson P.O. Box 28 Hollister, CA, 95024 Phone: (831) 637 - 4238 ams@indiancanyon.org Costanoan Indian Canyon Mutsun Band of Costanoan Kanyon Sayers-Roods, MLD Contact 1615 Pearson Court San Jose, CA, 95122 Phone: (408) 673 - 0626 kanyon@kanyonkonsulting.com Costanoan Muwekma Ohlone Indian Tribe of the SF Bay Area Charlene Nijmeh, Chairperson 20885 Redwood Road, Suite 232 Castro Valley, CA, 94546 Phone: (408) 464 - 2892 cnijmeh@muwekma.org Costanoan Muwekma Ohlone Indian Tribe of the SF Bay Area Monica Arellano, Vice Chairwoman 20885 Redwood Road, Suite 232 Castro Valley, CA, 94546 Phone: (408) 205 - 9714 monicavarellano@gmail.com Costanoan The Ohlone Indian Tribe Andrew Galvan, Chairperson P.O. Box 3388 Fremont, CA, 94539 Phone: (510) 882 - 0527 Fax: (510) 687-9393 chochenyo@AOL.com Bay Miwok Ohlone Patwin Plains Miwok Wuksachi Indian Tribe/Eshom Valley Band Kenneth Woodrow, Chairperson 1179 Rock Haven Ct. Salinas, CA, 93906 Phone: (831) 443 - 9702 kwood8934@aol.com Foothill Yokut Mono 1 of 1 This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code. This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed 140 Beacon Street Billboard Project, San Mateo County. PROJ-2023- 003018 06/21/2023 02:20 PM Native American Heritage Commission Tribal Consultation List San Mateo County 6/21/2023 *Federally Recognized Tribe 231 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1061 Agenda Date:12/21/2023 Version:1 Item #:3b. Resolution making findings and recommending the City Council approve a Development Agreement,Design Review and Sign Permit to allow for the installation of a 65-foot tall,double-faced,digital billboard on property located adjacent to 140 Beacon Avenue. WHEREAS,Outfront (“Applicant”)has a legal equitable interest in a property owned by PG&E located adjacent to 140 Beacon Avenue (APN 015-171-999) (“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, Design Review, 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,pursuant to CEQA Guidelines Section 15164,an addendum to the IS/MND was prepared for the Project (“2023 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; and WHEREAS,on December 21,2023,the Planning Commission considered and approved,by separate resolution,a Resolution making findings and recommending that the City Council make a determination that the Outfront Media Digital Billboard Project at 140 Beacon Avenue is fully within the scope of environmental analysis as described in the 2015 Initial Study/Mitigated Negative Declaration (IS/MND)and that the 2023 Addendum to the IS/MND is the appropriate environmental document for the project and no further environmental review is required; and WHEREAS,on December 21,2023,the Planning Commission considered and approved,by separate resolution,a Resolution making findings and recommending that City Council adopt a South San Francisco Zoning Ordinance amendment to amend Section 20.360.004 to allow four (instead of three)digital billboards City of South San Francisco Printed on 12/15/2023Page 1 of 4 powered by Legistar™232 File #:23-1061 Agenda Date:12/21/2023 Version:1 Item #:3b. along the US 101 corridor; and WHEREAS,on December 21,2023 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 Chappell Geomatics,Inc,dated May 21,2022;the Outfront Billboard Project and Related Zoning Amendment Initial Study/Mitigated Negative Declaration,including all appendices thereto;the 2023 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 December 21,2023 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 and incorporated herein by reference. 2.The Exhibits attached to this Resolution,including the Conditions of Project Approval (Exhibit A), Project Plans (Exhibit B),Design Review Board Letter (Exhibit C),the Development Agreement (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 Chief Planner. B.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 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,as proposed for amendment by separate resolution. 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 and 2023 City of South San Francisco Printed on 12/15/2023Page 2 of 4 powered by Legistar™233 File #:23-1061 Agenda Date:12/21/2023 Version:1 Item #:3b. project and the suitability of the site for development was analyzed in the 2015 IS/MND and 2023 Addendum. 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. C.Sign Permit Findings 1.The proposed digital billboard is comparable to existing digital billboards in appearance, function and technology; 2.The digital billboard will provide unique broadcasting opportunities for the City to provide information and facilitate communication with its residents; and 3.The proposed digital billboard will increase revenue to the City to assist the City in providing services to residents. D.Design Review Findings 1.The digital billboard complies with the applicable standards and requirements of the South San Francisco Zoning Ordinance, as proposed for amendment by separate resolution to allow a total of four digital billboards in the City instead of three; 2.The digital billboard complies with the General Plan the City Council has adopted because it will provide economic opportunities to the City to in turn provide services for residents consistent with the policies and design direction provided in the South San Francisco General Plan for the employment of non-residential land use designation; 3.The digital billboard is appropriately located adjacent to the 101 highway and away from existing residential areas therefore its impacts are minimized. It complies with any applicable design guidelines City of South San Francisco Printed on 12/15/2023Page 3 of 4 powered by Legistar™234 File #:23-1061 Agenda Date:12/21/2023 Version:1 Item #:3b. adopted by the City Council in that the proposed sign program is consistent with the Design Principles in Section 20.360.003; and 4.The digital billboard complies with the applicable design review criteria in Section 20.480.006 (“Design Review Criteria”) because the project has been evaluated against, and found to be consistent with, each of the eight design review criteria included in Section 20.480.006. 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 Design Review, Sign Permit, and Development Agreement. BE IT FURTHER RESOLVED that the recommended approvals stated herein are conditioned upon the City Council’s approval of a resolution determining,under CEQA,project consistency with the 2015 IS/MND and that the 2023 Addendum to the IS/MND is the appropriate environmental document for the project,and no further environmental review is required;adoption of the proposed South San Francisco Zoning Ordinance text amendment to amend Section 20.360.004 to allow four (instead of three)digital billboards along the US 101 corridor;and the approval of the Development Agreement between the City of South San Francisco and Outfront Media LLC. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. City of South San Francisco Printed on 12/15/2023Page 4 of 4 powered by Legistar™235 DRAFT CONDITIONS OF APPROVAL P22-0076: ZA22-0004, DA22-0003, DR22-0022, SP23-0033 OUTFRONT MEDIA DIGITAL BILLBOARD – 140 BEACON AVENUE (ADJACENT TO) (As recommended by City Staff on December 21, 2023) 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 Chappell Geomatrics, Inc., dated May 21, 2022, 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 Outfront 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: Christy Usher, Senior Planner, (650) 877-8535 236 BILLBOARDEXISTINGPG&E S.B.E. 135-41-30 PART 1 A.P.N.:015-171-030A.P.N.:015-171-040A.P.N.:015-171-050A.P.N.:015-171-220BEACON STREETPROPOSEDBILLBOARD14' X 48'LOT 447 RSM 5LOT 547 RSM 5LOT 647 RSM 5LOT 347 RSM 5214 OR 380BAYSHORE FREEWAYHIGHWAY 101CALTRANS RIGHT OF WAYMAP: H-10554.02SHAW ROADPROPOSEDBILLBOARD14' X 48'COPYRIGHT NOTETITLE NOTETREE NOTETOPOGRAPHIC SURVEY NOTESUTILITY NOTESSURVEYOR'S STATEMENTRevisionsNo. Scale DateDrawing:OFApproved Mapping Job No Field 147 N 1st Avenue OAKDALE, CA, 95361PHONE: (209) 845 9694WWW.CHAPGEO.COMGEOMATICS, INC.CHAPPELL1120220395/21/2022 VARIES BJC, DF. WI DF BJC 2022039 CITY OF SOUTH SAN FRANCISCO COUNTY OF SAN MATEO STATE OF CALIFORNIA SITE PLAN FOR DIGITAL BILLBOARD FOR OUTFRONT MEDIA 140 BEACON STREET BASIS OF BEARINGS1 inch = feetgraphic scale0301530'30nVICINITY MAPSITEOWNERAPPLICANTPLAN PREPARATION:1 inch = feetgraphic scale01051010mediaELEVATION DATUMLEGEND237 FOOTING DEPTH (T.B.D.) ROUND CONCRETE FOOTING SLOPE CONCRETE AWAY FROM PIPE GRADE 3" CLR. 65'-0" O.A.H. Ø (T.B.D.) 10'-0" 14'-6"14'-0" FACE 5 EQ. SP.@ 8'-0" = 40'-0" 48'-0" FACE 4'-0"4'-0" UPRIGHT TORSION BRACE TORSION REAR WALKWAY REAR LADDER 6" UPRIGHT UPRIGHT LOWER 48"Ø COLUMN PIPE UPPER 42"Ø COLUMN PIPE 15'-0" ELEVATION COLUMN LADDER PLAN VIEW 48'-0" FACE4'-0" 8'-0" 8'-0" 8'-0" 8'-0" 8'-0" 4'-0" TORSION COLUMN ACCESS COLUMN SPREADER UPRIGHT REAR LADDER BRACE REAR LEDGER LED DISPLAY (BY OTHERS) REAR WALKWAY 7.5° 7.5° TORSIONWALKWAY 4425 North 24th Street, Suite 200 Phoenix, Arizona 85016 (602) 230-8634 Fax: (602) 230-9071 DBM SIGN LOCATION CUSTOMER 1 of 1 14' x 48' SINGLE POST FULL FLAG 15° V-BUILD LED SIGN STRUCTURE CH.DR. SHEET NO. DATE BM OUTFRONT FOSTER INTERSTATE PG&E APN 015-17-1999 S. SAN FRANCISCO, CA 05/31/2022 JOB NO. G-_____ DRAWING NO. PLAN / ELEV. NOT FOR CONSTRUCTION 238 Working Draft - For Discussion Purposes Only. *Please note, design, place- ment of structures and elevation details are preliminary and subject to change. The positioning of each sign in this rendering and the perspective of each sign vis-a-vis the overall view is for illustration purposes only and is not exact. 14’h x 48’w, Double-Sided Digital “V” Display PG&E Site: US 101 North of SR 380, East Line, South Face 239 Working Draft - For Discussion Purposes Only. *Please note, design, place- ment of structures and elevation details are preliminary and subject to change. The positioning of each sign in this rendering and the perspective of each sign vis-a-vis the overall view is for illustration purposes only and is not exact. 14’h x 48’w, Double-Sided Digital “V” Display PG&E Site: US 101 North of SR 380, East Line, North Face 240 Working Draft - For Discussion Purposes Only. *Please note, design, place- ment of structures and elevation details are preliminary and subject to change. The positioning of each sign in this rendering and the perspective of each sign vis-a-vis the overall view is for illustration purposes only and is not exact. 14’h x 48’w, Double-Sided Digital “V” Display PG&E Site: US 101 North of SR 380, East Line, South Face PROPOSED SIGN OUTFRONT Foster Interstate 65 feet tall 672 square feet display area EXISTING SIGN Clear Channel Outdoor 80 feet tall 1,003 square feet display area 241 Working Draft - For Discussion Purposes Only. *Please note, design, place- ment of structures and elevation details are preliminary and subject to change. The positioning of each sign in this rendering and the perspective of each sign vis-a-vis the overall view is for illustration purposes only and is not exact. 14’h x 48’w, Double-Sided Digital “V” Display PG&E Site: View from Marco Way 242 Working Draft - For Discussion Purposes Only. *Please note, design, place- ment of structures and elevation details are preliminary and subject to change. The positioning of each sign in this rendering and the perspective of each sign vis-a-vis the overall view is for illustration purposes only and is not exact. 14’h x 48’w, Double-Sided Digital “V” Display PG&E Site: View from Beacon Street North 243 Working Draft - For Discussion Purposes Only. *Please note, design, place- ment of structures and elevation details are preliminary and subject to change. The positioning of each sign in this rendering and the perspective of each sign vis-a-vis the overall view is for illustration purposes only and is not exact. 14’h x 48’w, Double-Sided Digital “V” Display PG&E Site: View from Beacon Street South 244 Working Draft - For Discussion Purposes Only. *Please note, design, place- ment of structures and elevation details are preliminary and subject to change. The positioning of each sign in this rendering and the perspective of each sign vis-a-vis the overall view is for illustration purposes only and is not exact. 14’h x 48’w, Double-Sided Digital “V” Display Digital “V” Display - No-Context Views PLAN VIEW CLOSER PANEL DETAIL VIEW LOGO CABINET DETAIL VIEW SIDE VIEW - TOWARDS FREEWAY SIDE VIEW - AWAY FROM FREEWAY 65’ 48’ 14’ 1’- 6” 20’ PERFORATED CORRUGATED METALSOLID CORRUGATED METALPERFORATED CORRUGATED METAL FRONT VIEW PERFORATED CORRUGATED METAL SOLID CORRUGATED METALDISPLAY CAMERA DISPLAY CAMERA ACCESS LADDER 245 South San Francisco Billboard Inventory 246 South San Francisco Distance of Proposed Sign from Existing Signs 247 DESIGN REVIEW BOARD RECOMMENDATIONS Date: October 26, 2022 Applicant: Foster Interstate – Alex Belenson Site Address: 101 / 280 Highway Project No.: P22-0076: ZA22-22-0004, DA22-0003, & DR22-0022 On Tuesday, October 18,2022, the Design Review Board reviewed your plans for a Zoning Amendment, Development Agreement to add a new billboard in a PG&E Easement along HWY 101 & 280 in the Freeway Commercial (FC) Zoning District in accordance to Title 20 of the South San Francisco Municipal Code. The Chief Planner and the Design Review Board have determined that this application requires the following revisions be made to the plans: If you have any questions regarding this matter, please feel free to contact the Planning Division at (650) 877-8535. Sincerely, _________________________ _______________________ Christy Usher Tony Rozzi Senior Planner Chief Planner 1. The Board was not in support of the proposed Digital Billboard sign. 2. The Board commented the Digital Billboard sign appears too tall and should incorporate landscaping to soften its appearance and to provide context for the sign when viewed so that it does not stand alone and blends more visually with the surroundings. CITY COUNCIL 2022 MARK NAGALES, MAYOR (DIST. 2) FLOR NICOLAS, VICE MAYOR MARK ADDIEGO, MEMBER JAMES COLEMAN, MEMBER (DIST. 4) EDDIE FLORES, MEMBER MIKE FUTRELL, CITY MANAGER DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (650) 829-6620 FAX (650) 829-6657 E-MAIL WEB-ECD@SSF.NET 248 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 Foster Interstate, LLC 2300 Contra Costa Blvd, Suite 340 Pleasant Hill, CA Attn: John B. Foster (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 FOSTER INTERSTATE, LLC 249 Page 1 of 23 Development Agreement Outfront __________, 2023/2024 DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT is dated as of _______________, 2023 (“Agreement”) and is entered into between: (i) OUTFRONT FOSTER INTERSTATE, LLC., a limited liability company (“Outfront”) 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 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 the property located adjacent to 140 Beacon Street (APN 015- 171-999) (“Property”) as identified and more fully described in attached Exhibit A ; and, D. WHEREAS, 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 has a legal or equitable interest in the Property; and, F. WHEREAS, Outfront has submitted a development proposal to the City that would permit Outftont 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 City and Outfront 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, planned development for the public benefit, in Sections 5412 and 5443.5 thereof; and, H. WHEREAS, the Digital Billboard Project is contingent upon approvals from Pacific Gas and Electric (“PG&E”); and, 250 Page 2 of 23 Development Agreement Outfront __________, 2023/2024 I. WHEREAS, in-lieu of Outfront 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 has elected to make an in-lieu payment to the City in order to promote the public health, safety, and welfare of the City in accordance with section 20.360.002.A.6.b; and, J. WHEREAS, Outfront 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 Property; and, K. 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, L. 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 2040 General Plan as adopted October 2022 Resolution #178-2022 and as amended from time-to-time; and, M. 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 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 facilitation of the orderly development, while allowing for the incorporation of modern technology that, in part, provide the City with a means of advertising the City, its events, and public service announcements; and, N. WHEREAS, on December 13, 2023, the City Planning Commission recommended the adoption of Ordinance No._____ approving and adopting this Agreement after a duly noticed public hearing; and, O. WHEREAS, on _______, 2024, the City Council, after a duly noticed public hearing, adopted Ordinance No. ___________approving and adopting this Agreement and the Ordinance thereafter took effect on ____________, 2024; and, P. 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, Q. 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 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. 251 Page 3 of 23 Development Agreement Outfront __________, 2023/2024 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) Outfront 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 (c) the Digital Billboard is fully operational with a permanent power supply. This Agreement may be terminated by Outfront if the following occurs: (1) Outfront loses its legal or equitable interest in the Property, (2) In Outfront’s reasonable discretion, Outfront is unable to obtain or maintain any required Permit for the Digital Billboard 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 face on the Digital Billboard occurs due to a circumstance beyond Outfront’s control, or (5) Outfront is prevented by law or government order or action from constructing, operating, repairing or maintaining the Digital Billboard, or otherwise implementing the Project, including but not limited to, 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 shall, at its sole cost and expense, remove the above-ground portions of the Digital Billboard Project 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 Project to remain. 3. Project Description for the 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, the specifications of which are set forth in Exhibit B, and shall be located at the 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 252 Page 4 of 23 Development Agreement Outfront __________, 2023/2024 conditions for the Project shall be exclusively those provided in this Agreement, and Negative Declaration (the “IS/NMD”) as set forth in Exhibit C 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, 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(1) of the South San Francisco Municipal Code, and the Digital Billboard Project Approvals provide that the maximum height of the Digital Billboard is sixty- five (65) feet and that the maximum surface area for each display panels is limited to fourteen feet (14’) in height by fourty eight (48’) feet in width. (c) Subject to Outfront’s fulfillment of its obligations under this Agreement upon the Effective Date of this Agreement, the City hereby grants to Outfront a vested right to develop and construct on the Property all the improvements for the Digital Billboard Project authorized by, and in accordance with the Digital Billboard Project Approvals and the terms of this Agreement. (d) Except as authorized by this Agreement, upon such grant of right, no future amendments to the City’s General Plan, the City Zoning Code, the Municipal Code, or other City ordinances, policies or regulations, adopted or otherwise in effect as of the Effective Date shall apply to the Digital Billboard Project, except such existing ordinances, policies, planning documents, codes, rules, laws, resolutions or regulations, adopted or otherwise in effect after the Effective Date and such future modifications (if any) that are not in conflict with and do not prevent or materially inhibit the development or operation of the 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 herein or otherwise required by State or Federal Law. 4. Building Permits for Digital Billboard Project City staff review of applications for building permits shall be limited to determining whether the following conditions are met: (a) Outfront 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 final, non-appealable (with no appeal having been filed) 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 CEQA requirements (including any required mitigation measures as set forth in the IS/MND), (4) any other applicable Federal and State laws, as modified 253 Page 5 of 23 Development Agreement Outfront __________, 2023/2024 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 has demonstrated through proper documentation that it has proper and sufficient legal and/or equitable interests in the Property to effectuate the Digital Billboard 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 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’s fulfillment of its obligations under this Agreement being effective, upon the City’s approval of the Digital Billboard Project, Outfront 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 Digital Billboard Project in accordance with the terms of this Agreement. Accordingly, Outfront 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 Digital Billboard 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 an expeditious manner to complete all City actions required for the approval and development of the Digital Billboard 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 Property filed by Outfront or its nominee, successor or assign as necessary for development of the Digital Billboard Project; and (c) Inspecting and providing acceptance of or comments on all work by Outfront that requires acceptance or approval by the City; and 254 Page 6 of 23 Development Agreement Outfront __________, 2023/2024 (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 to secure approvals for the Digital Billboard 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 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 shall make a deposit as determined by the City and shall pay all of the City’s staff, legal and consultants costs incurred in implementing this section. Notwithstanding the foregoing, the parties understand and agree that the ultimate responsibility to obtain the required Approvals and state permits and approvals are the sole obligations and burdens of Outfront. 7. Fees and Taxes (a) Outfront 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 operates such Digital Billboard faces, Outfront agrees to pay the City the annual amount of fifty one thousand dollars ($51,000) 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 is terminated. If the City ever adopts a gross receipts tax, Outfront’s annual payment of such gross receipts tax shall be deducted from this Annual Payment obligation. In the event Outfront’s annual payment of the City’s gross receipts tax is less than Annual Payment, Outfront 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 $102,000 and the gross receipts tax obligation equals $20,000, Outfront will pay the City $20,000 for the gross receipts tax obligation and $82,000 for the Annual Payment obligation for a total payment of $102,000. In the event Outfront ceases to operate a Digital Billboard face due to (1) the loss of Outfront’s legal or equitable interest in the Property, (2) the failure to obtain or maintain any required Permit for the Digital Billboard or the Digital Billboard Project, (3) a legal challenge to the Digital Billboard Project Approvals, or the Digital Billboard Project, 255 Page 7 of 23 Development Agreement Outfront __________, 2023/2024 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’s control, or (5) 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 the failure of government agencies to issue all approvals or a government agency’s decision to condemn the Property, the Annual Payment for such face shall cease and no further amounts shall be due or payable by Outfront to the City with respect to such face after such date under this Section 8(b). In the event Outfront elects in its sole discretion to replace a Digital Face on the Digital Billboard with a printed billboard face beyond those four reasons enumerated above, Outfront’s obligation to pay the full Annual Payment ($102,000 per year) shall continue. (c) For and in consideration of the mutual rights and responsibilities provided in this Agreement and the Relocation Agreement, Outfront agrees to pay the City a one-time non- refundable payment of one hundred and forty thousand dollars ($140,000.00), payable within one hundred and eighty (180) days of the Commencement Date. (d) In-lieu of Outfront 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 has elected to and shall provide the City with a one-time payment of one million one hundred thousand thousand dollars ($1,100,000.00), in-lieu of removal of two billboard faces in order to promote the public health, safety, and welfare of the City in accordance with section 20.360.002.A.6.b. Such payment will be made prior to the Commencement Date but provided that the conditions precedent for the Commencement Date have occurred (i.e. completion of construction of the Digital Billboard Project so that it is fully operational and capable of displaying digital advertising and connected to a permanent power supply, with all final Approvals having been obtained). (e) Notwithstanding anything to the contrary, any sums already paid to the City by Outfront 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 will provide the City with free display time on the Digital Billboard for advertising City-sponsored events 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 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 ("Two-Week 256 Page 8 of 23 Development Agreement Outfront __________, 2023/2024 Advertising Spot"). The City shall be limited to one (1) Two-Week Advertising Spot for each calendar quarter. (b) Sign Design. The architecture of the Digital Billboard will be constructed substantially in conformance with the design depicted in attached Exhibit B. (c) City Sign Regulations. Subject to the vested rights acquired by Outfront in this Agreement, including but not limited to those vested right 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. 9. Indemnity (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, "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") resulting from 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 Project, 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 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. 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. 10. Assignment (a) Right to Assign. Outfront 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 as owners of all or any portion of Outfront’s interest in the respective Property. As a condition precedent to any such transfer, Outfront 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. 257 Page 9 of 23 Development Agreement Outfront __________, 2023/2024 (b) Notice of Assignment or Transfer. No transfer, sale or assignment of Outfront’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’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 may at any time, upon notice to the City but without the necessity of any approval by the City, transfer its interest in the Property or the Digital Billboard or any part thereof and all or any part of Outfront’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, (ii) any member or partner of Outfront or any subsidiary, parent or affiliate of any such member or partner, or (iii) any successor or successors to Outfront 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’s interest in the Property to a third party not specifically identified in this subsection) or otherwise. (d) Release upon Transfer. Upon the transfer, sale or assignment of all of Outfronts’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 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 ut under this Agreement, Outfront 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’s Right to Retain Specified Rights or Obligations. Notwithstanding Section 10(a), Section 10(c) and Section 10(d), Outfront may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which Outfront shall retain, provided that Outfront 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 the Property. Outfront’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 with respect to such retained rights, interests and/or obligations. 258 Page 10 of 23 Development Agreement Outfront __________, 2023/2024 (f) Time for Notice. Within ten (10) days of the date escrow closes on any such transfer, Outfront 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 from its obligations to the City under this 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 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 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 at the Digital Billboard Project site as long as Outfront continues to operate the Digital Billboard. In addition, Outfront shall require each contractor and subcontractor engaged by Outfront 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 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 under this Agreement. i. 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. 259 Page 11 of 23 Development Agreement Outfront __________, 2023/2024 ii. 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 Properties to construct improvements thereon, including construction activities related to the landscaping and common improvements. iii. 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. 12. Covenants Run with the Land The terms of this Agreement are legislative in nature and apply to Outfront’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’s interest in the Property, the Digital Billboard, 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 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. 260 Page 12 of 23 Development Agreement Outfront __________, 2023/2024 15. Periodic Review (a) During the term of this Agreement, the City shall conduct “annual” and/or “special” reviews of Outfront’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 a copy of all staff reports and, to the extent practical, related exhibits. Outfront 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 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 is in default under this Agreement. If the City finds and determines on the basis of the evidence given that Outfront 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 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 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 if Outfront no longer is operating the Digital Billboard due to the reasons enumerated in Section 7(b) above. Upon expiration or early termination of this Agreement, Outfront shall, at its sole cost and expense, remove the above-ground portions of the Digital Billboard Project 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 Project to remain. 17. Agreement is Entire Agreement This Agreement, the Relocation Agreement, and all exhibits attached hereto or incorporated herein contain the sole and entire agreement between the Parties concerning Outfront’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 261 Page 13 of 23 Development Agreement Outfront __________, 2023/2024 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 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, 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 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 the 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’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 262 Page 14 of 23 Development Agreement Outfront __________, 2023/2024 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 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. (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 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 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 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 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. The 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 of a Project Approval Challenge, Outfront 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. 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 263 Page 15 of 23 Development Agreement Outfront __________, 2023/2024 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, 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 and that Outfront 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 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 joint venturers or partners. Neither Outfront nor any of Outfront’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Outfront’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 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 Property by Outfront 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 264 Page 16 of 23 Development Agreement Outfront __________, 2023/2024 (“Mortgagees”), who acquire title to Outfront’s interest in the Property 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 under this Agreement, provided that all defaults by Outfront 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 hereunder and specifying the address for service thereof, the City shall deliver to the Mortgagee concurrently with service thereof to Outfront, all notices given to Outfront describing all claims by the City that Outfront has defaulted hereunder. If the City determines that Outfront is in noncompliance with this Agreement, the City also shall serve notice of noncompliance on the Mortgagee, concurrently with service thereof on Outfront. Until such time as the lien of the Mortgage has been extinguished, the City shall: i. 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 the Property, 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 the Property, 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. ii. 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, 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 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 265 Page 17 of 23 Development Agreement Outfront __________, 2023/2024 prevent a termination of this Agreement as the same would have been if done and performed by Outfront instead of by the Mortgagee. No action or inaction by a Mortgagee pursuant to this Agreement shall relieve Outfront 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 provides the City with written evidence of each Mortgagee’s consent, which consent shall not be unreasonably withheld, to the amendment or modification of this Agreement being sought. Each Mortgagee shall be deemed to have consented to such amendment or modification if it does not object to the proposed amendment or modification by written notice given to the City within thirty (30) days from the date written notice of such proposed amendment or modification is given by the City or Outfront to the Mortgagee. If such notice of the proposed amendment or modification is given solely by Outfront, then Outfront shall also provide the City with reasonable evidence of the delivery of such notice to the Mortgagee. 27. Estoppel Certificate Either Party from time to time may deliver written notice to the other Party requesting written certification that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and constitutes a binding obligation of the Parties; (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of the amendments or modifications; and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and monetary amount, if any, of the default. A Party receiving a request hereunder shall endeavor to execute and return the certificate within ten (10) days after receipt thereof and shall in all events execute and return the certificate within thirty (30) days after receipt thereof. Failure of a Party to return a requested certificate in a timely manner shall not be deemed a default of the Party’s obligations under this Agreement and no cause of action shall arise based on such failure, but such Party shall thereupon be deemed to have certified that the statements in clauses (i) through (iii) of this Section are true, and the requesting Party and any third parties shall be entitled to rely upon such deemed certification. The City Manager shall have the right to execute any such certificate requested by Outfront 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, 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 shall have the right to record the certificate for the affected portion of the Property at Outfront’s cost. 28. Force Majeure (a) 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, pandemics, epidemics, 266 Page 18 of 23 Development Agreement Outfront __________, 2023/2024 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, 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 Digital Billboard Project’ 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 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 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, 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 Mitigation Monitoring and Reporting Program for Digital Billboard 267 Page 19 of 23 Development Agreement Outfront __________, 2023/2024 Exhibit D Project Approvals 32. Notices All notices required or provided for under this Agreement shall be in writing and delivered in person (to include delivery by courier) or sent by certified mail, postage prepaid, return receipt requested or by overnight delivery service, and shall be effective upon actual delivery as evidenced by the return receipt or by the records of the courier, overnight delivery service or other person making such delivery. Notices to the City shall be addressed as follow: City of South San Francisco Attn: City Clerk P.O. Box 711, 400 Grand Avenue South San Francisco, CA 94080 With a copy to: Economic and Community Development Department 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 shall be addressed as follows: Outfront Foster Interstate, LLC 2300 Contra Costa Blvd., Suite 340 Pleasant Hill, CA 94523 attn: John B. Foster With a copy to: Cc: Outfront Media LLC 405 Lexington Avenue New York, NY 10174 Attn: General Counsel Cc: Fennemore Wendel 1111 Broadway, 24th Floor Oakland, CA 94607 Attn: Daniel B. Myers 268 Page 20 of 23 Development Agreement Outfront __________, 2023/2024 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 269 Page 21 of 23 Development Agreement Outfront __________, 2023/2024 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: ______________________________ ATTEST: ___________________________ _____________________, City Clerk APPROVED AS TO FORM: ___________________________ _______________________, City Attorney OUTFRONT FOSTER INTERSTATE, LLC By Its Members: Outfront Media, LLC, a Delaware limited liability company By: __________________________________ Name: Chris Steinbacher Title: EVP Real Estate Foster Interstate, LLC, a Delaware limited liability company By: _________________________ Name: John Foster Title: President 270 Development Agreement Outfront ____________, 2023/24 EXHIBIT A PROPERTY MAP AND DESCRIPTION EXHIBIT B SITE PLAN/SPECIFICATIONS FOR DIGITAL BILLBOARD 271 Development Agreement Outfront ____________, 2023/24 272 Development Agreement Outfront ____________, 2023/24 EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DIGITAL BILLBOARD PROJECT 273 Development Agreement Outfront ____________, 2023/24 EXHIBIT D PROJECT APPROVALS [TO BE INSERTED] 274 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-1066 Agenda Date:12/21/2023 Version:1 Item #:3c. Resolution making findings and recommending that City Council adopt a South San Francisco Zoning Ordinance amendment to amend Section 20.360.004 to allow four digital billboards along the US 101 corridor. WHEREAS,on October 12,2022,the City Council for the City of South San Francisco (“City”)adopted a comprehensive update to the City’s Zoning Ordinance,which repealed the then-existing Title 20 of the South San Francisco Municipal Code,and replaced it with an entirely new Title 20 that,among other actions, established new zoning districts,revised and reformatted many then-existing zoning provisions,eliminated inconsistent and outdated provisions,and codified entirely new zoning provisions,including new land use regulations and development standards (“Zoning Ordinance”); and WHEREAS,the City Council approved the City’s General Plan in 2022 including the 2040 General Plan Update,Zoning Code Amendments and Climate Action Plan (“2040 General Plan EIR”),which articulates the vision for growth and development throughout the east of 101 area as well as the entire City through 2040; and WHEREAS,the City Council certified an Environmental Impact Report (“EIR”)on October 12,2022 (State Clearinghouse number 2021020064)in accordance with the provisions of CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the development of the 2040 General Plan Update, Zoning Code Amendments and Climate Action Plan (“2040 General Plan EIR”)which analyzed the potential environmental impacts of the development east of 101; and WHEREAS,the City Council also adopted a Statement of Overriding Considerations (“SOC”)on October 12, 2022 in accordance with the provisions of CEQA and the CEQA Guidelines,which carefully considered each significant and unavoidable impact identified in the 2040 General Plan EIR and found that the significant environmental impacts are acceptable in light of the project’s social, economic and environmental benefits; and WHEREAS,the City Council adopted an Initial Study /Mitigated Negative Declaration (“IS/MND”)on August 26,2015 (State Clearinghouse number 2013062062)in accordance with the provision of CEQA and CEQA Guidelines,which analyzed the potential environmental impacts of billboards along the west side of U.S. Highway 101; and WHEREAS,pursuant to CEQA Guidelines Section 15164,an addendum to the IS/MND was prepared for the Outfront Media Digital Billboard Project (“2023 Addendum”)analyzing the potential impacts of billboards along the east side of U.S.Highway 101,which was considered and recommended to the City Council for approval by a separate resolution of the Planning Commission; and WHEREAS,Section 20.360.004(F)(7)(j)requires that digital billboards shall only be allowed in a City of South San Francisco Printed on 12/15/2023Page 1 of 4 powered by Legistar™275 File #:23-1066 Agenda Date:12/21/2023 Version:1 Item #:3c. WHEREAS,Section 20.360.004(F)(7)(j)requires that digital billboards shall only be allowed in a nonresidential district south of Sister Cities Boulevard and north of the City’s southern boundary,and shall be located on parcels immediately adjacent to U.S.Highway 101 and shall not be allowed on parcels adjacent to San Bruno Mountain or in a location that significantly blocks views of San Bruno Mountain; and WHEREAS,Section 20.360.004(F)(7)(a)currently limits the number of digital billboards within the City to no more than three digital billboards,with two faces each,and only pursuant to the approval of a relocation agreement; and WHEREAS,the Planning Commission desires to recommend that the City Council adopt an amendment to Section 20.360.004 of the South San Francisco Zoning Ordinance to allow four digital billboards along the US 101 corridor; and WHEREAS,the proposed amendment to the Zoning Ordinance as it relates to signage is minor in nature,the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the 2040 General Plan EIR, 2015 IS/MND prepared and circulated for the siting of billboards along U.S.Highway 101,and 2023 Addendum;nor does the proposed amendment constitute a change in the project or change in circumstances that would require additional environmental review. NOW,THEREFORE,BE IT RESOLVED that based on the entirety of the Record before it,which includes without limitation,CEQA and CEQA Guidelines,14 California Code of Regulations §15000,et seq.;the South San Francisco General Plan and General Plan EIR,including all amendments and updates thereto;the South San Francisco Municipal Code,the draft Zoning Ordinance Amendment,the 2015 IS/MND and 2023 Addendum,and all appendices thereto,all reports,minutes and public testimony submitted as part of the Planning Commission meeting of December 21,2022,and any other evidence (within the meaning of Public Resources Code §21080(e)and §21082.2)(“Record”),the City of South San Francisco Planning Commission hereby finds as follows: SECTION I.FINDINGS. A.General Findings. 1.The foregoing recitals are true and correct and made a part of this Resolution. 2.The Exhibit attached to this Resolution (Zoning Ordinance Amendment,Exhibit A)is incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3.By separate Resolution,the Planning Commission,exercising its independent judgement and analysis,has recommended to the City Council that the 2023 Addendum to the 2015 IS/MND is the appropriate CEQA document. City of South San Francisco Printed on 12/15/2023Page 2 of 4 powered by Legistar™276 File #:23-1066 Agenda Date:12/21/2023 Version:1 Item #:3c. 3.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080, and in the custody of the Chief Planner. B.Zoning Text Amendment Findings 1.The proposed zoning amendments are consistent with the adopted General Plan because they strengthen and promote economic development objectives and actively market South San Francisco.The proposed text amendments related to the regulation of the number of digital billboards permitted in the City along Highway 101 will remain consistent with the City’s General Plan vision for community and economic development and will not impede achievement of any of the goals,policies,or land use designations established in the General Plan. 2.The proposed zoning amendments related to the number of digital billboards allowed in the City would only affect properties in non-residential districts adjacent to U.S.Highway 101 and have been designed to be appropriate for surrounding uses.The proposed standards would generally be suitable in terms of architectural compatibility,consistency with area character,legibility,readability,finish and visibility,and other considerations deemed relevant by the Planning Commission and City Council because appropriate performance standards for digital billboards,including operational limitations related to static messages, maximum lighting levels,a requirement for a light sensing device that adjusts the sign brightness as ambient light conditions change,and location limitations,have been included and would be applied to projects on a case -by-case basis to minimize visual impacts.The suitability for the potential digital billboard sites was appropriately analyzed in the applicable environmental documents. 3.The proposed zoning amendments related to digital billboards would not result in any change of zoning districts and therefore would not be detrimental to the use of land in any adjacent zone. SECTION II.AMENDMENTS. The Planning Commission recommends that the City Council amends the following section of the South San Francisco Municipal Code to read as follows (with text in strikeout indicating deletion and double underline indicating addition).Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A.Amend Section 20.360.004(F)(7)(a)to allow four (instead of three)digital billboards along the US 101 corridor, as follows: 7.Digital Billboards.Digital Billboards are permitted pursuant to a relocation agreement under Section 20.360.002(A)above.Digital Billboards shall have the following operational City of South San Francisco Printed on 12/15/2023Page 3 of 4 powered by Legistar™277 File #:23-1066 Agenda Date:12/21/2023 Version:1 Item #:3c. limitations: a.Maximum Number of Signs and Faces. Not more than three four digital billboards, with two faces each, may be allowed within the City, and must be pursuant to the approval of a relocation agreement under Section 20.360.003 <https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/lookup/20.360. (A) (“Permits Required; Review Process”). SECTION III.RECOMMENDATION. 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 an ordinance adopting the Zoning Ordinance Amendments, attached as Exhibit A. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. City of South San Francisco Printed on 12/15/2023Page 4 of 4 powered by Legistar™278 ..Title Ordinance amending Section 20.360.004(F)(7)(a) of the South San Francisco Municipal Code to allow four digital billboards along the US 101 corridor. ..body WHEREAS, in October 12, 2022, the City Council for the City of South San Francisco (“City”) adopted a comprehensive update to the City’s zoning ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title 20 that, among other actions, established new zoning districts, revised and reformatted many then- existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards (“Zoning Ordinance”); and WHEREAS, the City Council approved the City’s General Plan in 2022 including the 2040 General Plan Update, Zoning Code Amendments and Climate Action Plan (“2040 General Plan EIR”), which articulates the vision for growth and development throughout the east of 101 area as well as the entire City through 2040; and WHEREAS, the City Council certified an Environmental Impact Report (“EIR”) on October 12, 2022 (State Clearinghouse number 2021020064) in accordance with the provisions of CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the development of the 2040 General Plan Update, Zoning Code Amendments and Climate Action Plan (“2040 General Plan EIR”) which analyzed the potential environmental impacts of the development east of 101; and WHEREAS, the City Council also adopted a Statement of Overriding Considerations (“SOC”) on October 12, 2022 in accordance with the provisions of CEQA and the CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the 2040 General Plan EIR and found that the significant environmental impacts are acceptable in light of the project’s social, economic and environmental benefits; and WHEREAS, the City Council adopted an Initial Study / Mitigated Negative Declaration (“IS/MND”) on August 26, 2015 (State Clearinghouse number 2013062062) in accordance with the provision of CEQA and CEQA Guidelines, which analyzed the potential environmental impacts of billboards along the west side of U.S. Highway 101; and WHEREAS, pursuant to CEQA Guidelines Section 15164, an addendum to the IS/MND was prepared for the Outfront Media Digital Billboard Project (“2023 Addendum”) analyzing the potential impacts of billboards along the east side of U.S. Highway 101, which was considered and recommended to the City Council for approval by a December 21, 2023 resolution of the Planning Commission; and WHEREAS, on December 21, 2023 the Planning Commission conducted a properly noticed public hearing and adopted a resolution making a recommendation to the City Council to adopt a South 279 San Francisco Zoning Ordinance amendment to amend Section 20.360.004 to allow four digital billboards along the US 101 corridor; and WHEREAS, on December 21, 2023 the Planning Commission conducted a property noticed public hearing and adopted a resolution making findings and recommending the City Council approve a Development Agreement, Design Review and Sign Permit to allow for the installation of a 65-foot tall, double-faced, digital billboard on property located adjacent to 140 Beacon Avenue; and WHEREAS, on ________, 2024 the City Council conducted a duly noticed public hearing to consider adoption of the ordinance amending Section 20.360.004(F)(7)(a) of the South San Francisco Municipal Code to allow four digital billboards along the US 101 corridor, take public testimony, at which time interested parties had the opportunity to be heard, to review the proposed amendments, and to receive public comments; and WHEREAS, the proposed amendment to the Zoning Ordinance as it relates to signage is minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the 2040 General Plan EIR, 2015 IS/MND prepared and circulated for the siting of billboards along U.S. Highway 101, and 2023 Addendum; nor does the proposed amendment constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings. 1. The foregoing recitals are true and correct and made a part of this Ordinance. 2. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. (“CEQA”)) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco 2040 General Plan and General Plan Environmental Impact Report, including the South San Francisco Municipal Code; the 2015 Initial Study / Mitigated Negative Declaration prepared for the siting of billboards along the west side of U.S. Highway 101 (“101 Terminal Court Clear Channel Billboard Project”) and Related Zoning Amendment, including all written comments received; the 2023 Addendum to Initial Study / Mitigated Negative Declaration for the 101 Terminal Court Clear Channel Billboard Project; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on December 21, 2023; all reports, minutes, and public testimony submitted as 280 part of the City Council's duly noticed meeting on ________, 2024; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Chief Planner. B. Zoning Amendment Findings 1. The proposed zoning amendments are consistent with the adopted General Plan because they strengthen and promote economic development objectives and actively market South San Francisco. The proposed text amendments related to the regulation of the number of digital billboards permitted in the City along the 101 highway will remain consistent with the City’s General Plan vision for community and economic development and will not impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The proposed zoning amendments related to the number of digital billboards allowed in the City would only affect properties in non-residential districts adjacent to U.S. Highway 101 and have been designed to be appropriate for surrounding uses. The proposed standards would generally be suitable in terms of architectural compatibility, consistency with area character, legibility, readability, finish and visibility, and other considerations deemed relevant by the Planning Commission and City Council because appropriate performance standards for digital billboards, including operational limitations related to static messages, maximum lighting levels, a requirement for a light sensing device that adjusts the sign brightness as ambient light conditions change, and location limitations, have been included and would be applied to projects on a case- by-case basis to minimize visual impacts. The suitability for the potential digital billboard sites was appropriately analyzed in the applicable environmental documents. 3. The proposed zoning amendments related to digital billboards would not result in any change of zoning districts and therefore would not be detrimental to the use of land in any adjacent zone. SECTION II. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows (with text in strikeout indicating deletion and double underline indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Amend Section 20.360.004(F)(7)(a) to allow four (instead of three) digital billboards along the US 101 corridor, as follows: 7. Digital Billboards. Digital Billboards are permitted pursuant to a relocation agreement under Section 20.360.002(A) above. Digital Billboards shall have the following operational limitations: 281 a. Maximum Number of Signs and Faces. Not more than three four digital billboards, with two faces each, may be allowed within the City, and must be pursuant to the approval of a relocation agreement under Section 20.360.003(A) (“Permits Required; Review Process”). SECTION III. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk ’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco held the ______ day of _______, 2024 282