HomeMy WebLinkAboutReso 111-2015 RESOLUTION NO. 111-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AN AMENDMENT TO THE
EAST OF 101 AREA PLAN, A RELOCATION AGREEMENT,
AND AN AMENDMENT TO A RELOCATION AGREEMENT;
AND CONDITIONALLY APPROVING A SIGN PERMIT AND
DESIGN REVIEW, TO ALLOW FOR THE INSTALLATION OF
A 70 FOOT TALL, DOUBLE FACED, DIGITAL BILLBOARD
ON PROPERTY LOCATED AT 101 TERMINAL COURT IN
EXCHANGE FOR REMOVAL OF ONE DOUBLE SIDED
BILLBOARD ALONG EL CAMINO REAL, AND TO ALLOW
AN EXISTING DOUBLE FACED, STATIC BILLBOARD ON
PROPERTY LOCATED AT THE INTERSECTION OF
DUBUQUE AVENUE AND GRAND AVENUE TO BE
INCREASED BY 20 FEET, TOGETHER WITH OTHER
CONSIDERATIONS.
WHEREAS, Clear Channel ("Applicant") owns or has a legal equitable interest in a
property located at 101 Terminal Court (APN 015-113-160) ("Terminal Property") and a
property located at the intersection of Dubuque Avenue and Grand Avenue (APN 872-41-261)
("Union Pacific Property"); and,
WHEREAS, Applicant has submitted a development proposal to construct, operate and
maintain an off-premise digital message center display ("Digital Billboard") at the Terminal
Property("Terminal Project"), and to increase the height of an existing static billboard ("Existing
Billboard") by twenty(20) feet at the Union Pacific Property("Union Pacific Project"); and,
WHEREAS, the Terminal Project and Union Pacific Project may be collectively referred
to herein as ("Project"); and,
WHEREAS, Applicant seeks approval of an Area Plan Amendment, a Zoning Text
Amendment, Development Agreement, Relocation Agreement, Amendment to an existing
Relocation Agreement, Sign Permit, and Design Review; and,
WHEREAS, approval of the Applicant's proposal is considered a "project" for purposes
of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. ("CEQA");
and,
WHEREAS, on May 7, 2015 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to solicit public comment and consider the
Initial Study/Mitigated Negative Declaration ("IS/MND") and the proposed entitlements, take
public testimony, at the conclusion of which, the Planning Commission recommended that the
City Council adopt the IS/MND and approve the project; and,
WHEREAS, the City Council held a duly noticed public hearing on July 8, 2015 which
was continued to August 26, 2015 to consider the IS/MND, the Area Plan Amendment, Zoning
Text Amendment, Development Agreement, Relocation Agreement, Amendment to an existing
Relocation Agreement, Sign Permit, and Design Review and take public testimony; and,
WHEREAS, the City Council reviewed and carefully considered the information in the
IS/MND, and by separate resolution, adopts the IS/MND as an objective and accurate document
that reflects the independent judgment and analysis of the City in the discussion of the Project's
environmental impacts.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, the California Environmental Quality Act, Public
Resources Code §21000, et seq. ("CEQA") and the CEQA Guidelines, 14 California Code of
Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the
South San Francisco Municipal Code; the Project applications; the Terminal Project Plans, as
prepared by Vincent Kevin Kelly&Assoc., Inc., dated March 4, 2015; the Union Pacific Project
Plans, as prepared by Vincent Kevin Kelly & Assoc., Inc., dated June 23, 2015; the Clear
Channel Billboard Project and Related Zoning Amendment Initial Study/Mitigated Negative
Declaration, including all appendices thereto; the Union Pacific Project CEQA Categorical
Exemption Analysis; all site plans, and all reports, minutes, and public testimony submitted as
part of the Planning Commission's duly noticed May 7, 2015 meeting, and Planning
Commission deliberations; all site plans, and all reports, minutes, and public testimony submitted
as part of the City Council's duly noticed July 8, 2015 meeting which was continued to August
26, 2015, and City Council deliberations; and any other evidence (within the meaning of Public
Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco
hereby finds as follows:
A. General Findings
1. The foregoing recitals are true and correct.
2. The Exhibits attached to this Resolution, including the Conditions of Project
Approval (Exhibit A), the East of 101 Area Plan Amendment (Exhibit B), the Terminal Project
Plans (Exhibit C), the Union Pacific Project Plans (Exhibit D), the Terminal Project Relocation
Agreement (Exhibit E), and the Union Pacific Project Relocation Agreement Amendment
(Exhibit F) are each incorporated by reference and made a part of this Resolution, as if set forth
fully herein.
3. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of the Chief Planner, Sailesh Mehra.
B. East of 101 Area Plan Amendment
1. The Area Plan, as proposed for amendment, implements and is consistent with the
General Plan. The 1999 General Plan includes policies encouraging the City to consider
opportunities for enhancement of financing tools in order to fund various economic development
initiatives and to actively market South San Francisco. The existing billboard on the Union
Pacific Property was allowed to install a second sign face as part of a 2000 Sign Relocation
Agreement that removed four sign structures from the west side of U.S. Highway 101 to allow
the construction of the Oyster Point Interchange/Hook Ramp. The Union Pacific Project would
amend the East of 101 Area Plan to allow for renovations to existing billboards in the East of
101, and includes provisions for additional revenue for a period of 30 years, subject to the terms
of the Project entitlements including the proposed Development Agreement and Union Pacific
Project Relocation Agreement Amendment. Further, approval of the U.P Project, including the
proposed Development Agreement and Union Pacific Project Relocation Agreement
Amendment, will not impede achievement of, and is consistent with, applicable General Plan
policies.
2. The Area Plan, as proposed for amendment, implements and is consistent with
other provisions of the East of 101 Area Plan, which the General Plan identifies as the guide for
detailed implementation of General Plan policies. Policy LU-1 states that developments should
be evaluated based on their merits and the net benefits they will provide to the East of 101 Area
and the City as a whole. The existing billboard on the Union Pacific Property was allowed to
install a second sign face as part of a 2000 Sign Relocation Agreement that removed four sign
structures from the west side of U.S. Highway 101 to allow the construction of the Oyster Point
Interchange/Hook Ramp. The Union Pacific Project would amend the East of 101 Area Plan to
allow for renovations to existing billboards in the East of 101, and includes provisions for
additional revenue for a period of 30 years, subject to the terms of the Project entitlements
including the proposed Development Agreement, and Union Pacific Project Relocation
Agreement Amendment. In addition, the proposed project is consistent with the Design Policies
of the East of 101 Area Plan.
3. The Area Plan, as proposed for amendment, will not be detrimental to the public
interest, health, safety, convenience, or welfare of the City, because the amendments would
allow for renovations to existing billboard signs only, and would not revise the prohibition on
new billboards in the East of 101 area. Any revisions to existing billboard signage would
continue to be required to be developed in conformance with the applicable standards included in
Chapter 20.110 (Employment Districts) and Chapter 20.360 (Signs).
4. The Area Plan, as proposed for amendment, area is physically suitable for the
type and intensity of the land use being proposed, because the amendments would allow for
renovations to existing billboard signs only. The existing billboards within the East of 101 Area
Plan area are located in the Freeway Commercial zoning district, which is intended for uses that
benefit from proximity to U.S. Highway 101.
C. Terminal Project Relocation Agreement
1. The Digital Billboard is located within a property located at 101 Terminal Court
(APN 015-113-160), which is within the Freeway Commercial zoning district and is immediately
adjacent to U.S. Highway 101.
2. Installation of the Digital Billboard with two billboard faces will result in a total
reduction of four billboard faces with the removal of a double-faced billboard at 1700 El Camino
Real and a double-faced billboard at 1200 El Camino Real.
3. Installation of the Digital Billboard will advance adopted policies contained in the
General Plan, including maximizing the City's financing tools and actively marketing South San
Francisco.
4. The Digital Billboard is operated in accordance with the operating standards set
forth in Section 20.360.006(Q), because the project has been evaluated against, and found to be
consistent with, each of the ten operating standards.
D. Design Review
1. The Project, including Design Review, is consistent with Title 20 of the South
San Francisco Municipal Code because as submitted through the Design Review Process, the
signage complies with the applicable standards included in Chapter 20.110 (Employment
Districts) and Chapter 20.360 (Signs).
2. The Project, including Design Review, is consistent with the General Plan and the
East of 101 Area Plan because the proposed signs are consistent with the design policies and
design direction provided in the South San Francisco General Plan and East of 101 Area Plan, as
proposed for amendment. The proposed Terminal Project Digital Billboard will further General
Plan policies to actively market South San Francisco by including the City name on the sign
structure.
3. The Project, including Design Review, complies with any applicable design
guidelines adopted by the City Council in that the proposed signage is consistent with the
Employment Development Standards and Supplemental Regulations included in Sections
20.110.003 &20.110.004 and with the Design Principles in Section 20.360.003.
4. The Project is consistent with the applicable design review criteria in Section
20.480.006 ("Design Review Criteria") because the project has been evaluated against, and
found to be consistent with, each of the eight design review criteria included in the "Design
Review Criteria" section of the Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of
Approval, attached as Exhibit A to this resolution, the City Council of the City of South San
Francisco hereby makes the findings contained in this Resolution, and adopts a resolution
approving the East of 101 Area Plan Amendment (attached as Exhibit B), Sign Permit and
Design Review.
BE IT FURTHER RESOLVED that the City Council hereby approves the Terminal
Project Relocation Agreement between the City of South San Francisco and Clear Channel
Outdoors, LLC attached hereto as Exhibit E, and Union Pacific Project Relocation Agreement
Amendment between the City of South San Francisco and Clear Channel Outdoors, LLC
attached hereto as Exhibit F, each incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council further authorizes the City Manager
to execute the Terminal Project Relocation Agreement and the Union Pacific Project Relocation
Agreement Amendment, on behalf of the City, in substantially the form attached as Exhibit E
and Exhibit F, respectively, and to make revisions to such Agreements, subject to the approval of
the City Attorney, which do not materially or substantially increase the City's obligations
thereunder.
BE IT FURTHER RESOLVED that the approvals stated herein are conditioned upon the
City Council's approval of the Zoning Ordinance Chapter 20.360 Signs Amendments and the
Development Agreement between the City of South San Francisco and Clear Channel Outdoors,
LLC.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 26th day of
August, 2015 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: --
. . artinelli, City Clerk
Exhibit A
Conditions of Approval
DRAFT CONDITIONS OF APPROVAL
P12-0021: ZA12-0001, DR12-0008, SIGNS12-0013,ND12-0002, DA15-0001 and GPA15-
0002
CLEAR CHANNEL BILLBOARD PROJECTS
(As recommended by City Staff on May 7, 2015)
A) Planning Division requirements shall be as follows:
1. The applicant shall comply with the Planning Divisions standard Conditions and
Limitations for Commercial, Industrial, Mixed-Use and Multi-Family Residential
Projects.
2. The construction drawings for the Terminal Project shall substantially comply with the
City Council approved plans, prepared by Vincent Kevin Kelly&Assoc, Inc., dated
March 4, 2015, as amended by the conditions of approval.
3. The construction drawings for the Union Pacific Project shall substantially comply with
the City Council approved plans, prepared by Vincent Kevin Kelly&Assoc, Inc., dated
April 27, 2015, as amended by the conditions of approval.
4. The developer shall comply with all applicable mitigation measures outlined in the
Mitigation Monitoring and Reporting Program and the Clear Channel Billboard Project
and Related Zoning Amendment IS/MND. Prior to issuance of a building permit the
applicant shall prepare a checklist outlining mitigation measures and status of
implementation, for review and approval by the Chief Planner or designee.
5. Prior to issuance of any building or construction permits for grading improvements, the
applicant shall submit final grading plans for review and approval by the City Engineer
and Chief Planner.
Planning Division contact: Billy Gross, Senior Planner, (650) 877-8535
Exhibit B
East of 101 Area Plan Amendment
GENERAL PLAN AMENDMENTS FOR EAST OF 101 AREA PLAN POLICIES
The proposed General Plan Amendments provide recommended policy updates to the City of
South San Francisco's existing East of 101 Area Plan, including design element policies upon
which proposed Billboard measures and actions are based. The General Plan Amendments
include edits and additions to existing text and policies in the following elements:
• Land Use
The proposed East of 101 Area Plan Amendments are provided in the attached document in
redlined format.
East of 101 Area Plan
Chapter 8: Design Element—Section C. East of 101 Area-Wide Design Policies
Subsection 6. Billboards
As shown in Figure B, the billboards and advertising signs in the East of 101 Area create
a visual barrier and negative first impression, especially for viewers travelling north on
Highway 101. Removal of these signs should be encouraged and no additional signs
shall be allowed. Funds are available in some cases through Caltrans to aid in financing
removal costs, provided that cities make regulations prohibiting future-sign
replacement. The following design policies encourage the removal of billboards from
the East of 101 Area.
Policy DE-32. No new off-site commercial advertising signs or billboards shall be
permitted in the East of 101 Area. Existing billboards may be renovated.
replaced or relocated if the City finds that the change would improve the
visual character of the area.
Policy DE-33. The City challshould work to remove all existing off-site commercial
advertising signs and billboards from the East of 101 area.
Exhibit C
Terminal Project Plans
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Exhibit D
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Exhibit E
Terminal Project Relocation Agreement
Exhibit F
Union Pacific Project Relocation Agreement Amendment
2514677.2