HomeMy WebLinkAboutReso 52-2017 (17-555) \ 11 sa4, City of South San Francisco
P.O. Box 711 (City Hall,
K o tom;e
400 Grand Avenue)
_
South San Francisco, CA
„ City Council
Resolution: RES 52-2017
File Number: 17-555 Enactment Number: RES 52-2017
RESOLUTION APPROVING A RELOCATION AGREEMENT, SIGN
PERMIT AND DESIGN REVIEW TO ALLOW AN EXISTING
DOUBLE-FACED, STATIC BILLBOARD ON PROPERTY LOCATED
AT 190 AIRPORT BLVD TO BE RELOCATED ON SITE AND
INCREASED IN HEIGHT BY 20 FEET.
WHEREAS,Action Signs ("Applicant") has a legal or equitable interest in the property located at 190
Airport Boulevard(APN 012-338-060) ("Property"); and,
WHEREAS,Applicant has submitted a development application to relocate and increase the height of an
existing static billboard("Existing Billboard")by twenty(20) feet at the Property("Project"); and,
WHEREAS,Applicant seeks approval of a 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,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,the modifications to the sign height contemplated in the Project are minor in nature, the
approval of which would not result in any new significant environmental effects or a substantial increase
in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND
adopted by the City Council, nor would it require additional environmental review; and,
WHEREAS, the City Council held a public meeting on June 14, 2017 to consider the Relocation
Agreement, Sign Permit, and Design Review and take public testimony; and,
NOW,THEREFORE, BE IT RESOLVED that based on the entirety of the record before it,which
includes without limitation,the California Environmental Quality Act, Public Resources Code §21000,
et seq. ("CEQA")and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.;the
South San Francisco General Plan and General Plan EIR; the South San Francisco Municipal Code; the
Project applications; the Project Plans, as prepared by RMG Outdoor Inc., dated December 5, 2016; the
"Assessment of the 178-190 Airport Blvd Billboard Project Under the
City of South San Francisco Page 1
File Number: 17-555 Enactment Number: RES 52-2017
IS/MND for 101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment"
Technical Memorandum, as prepared by Lamphier-Gregory dated June 1, 2017, including all appendices
thereto; all site plans, and all reports,minutes, and public testimony submitted as part of the City
Council's duly noticed June 14, 2017 meeting, 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:
General Findings
The foregoing recitals are true and correct.
2. The Exhibits attached to this Resolution, including the Conditions of Project Approval(Exhibit
A), Project Plans(Exhibit B),Action Signs Project Relocation Agreement(Exhibit C), and the
Assessment of the 178-190 Airport Blvd Billboard Project Under the IS/MND for 101 Terminal Court
Clear Channel Billboard Project and Related Zoning Amendment"Technical Memorandum(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, Sailesh Mehra.
Action Signs Project Relocation Agreement
1. The New Billboard is located within a property located at 190 Airport Blvd(APN 012-338-060),
which is within the Downtown Transit Core zoning district and is immediately adjacent to U.S. Highway
101.
2. A Relocation Agreement to allow the relocation of the existing billboard to the northeast portion
of the site will allow for the development of a 157-unit residential development, consistent with the
intent and purpose of the General Plan Land Use Designation of Downtown Transit Core.
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 20.280 (Downtown Station Area Specific Plan District) and
Chapter 20.360(Signs).
2. The Project, including Design Review, is consistent with the General Plan because the proposed
signs are consistent with the design policies and design direction provided in the South San Francisco
General Plan. The relocation of the existing billboard to the northeast portion of the site will allow for
the development of a 157-unit residential development, consistent with the intent and purpose of the
General Plan Land Use Designation of Downtown Transit Core.
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 Design Principles in
City of South San Francisco Page 2
File Number: 17-555 Enactment Number: RES 52-2017
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.
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 Sign Permit and Design Review.
BE IT FURTHER RESOLVED that the City Council hereby approves the Action Signs Project
Relocation Agreement between the City of South San Francisco and Action Signs, Inc., attached hereto
as Exhibit C, incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council further authorizes the City Manager to execute the
Action Signs Project Relocation Agreement on behalf of the City, in substantially the form attached as
Exhibit C, 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 this Resolution shall become effective immediately upon its passage
and adoption.
* * * * *
At a meeting of the Special City Council on 6/14/2017, a motion was made by Richard Garbarino,
seconded by Karyl Matsumoto, that this Resolution be approved. The motion passed.
Yes: 5 Matsumoto, Normandy,Addiego, Gupta, and Garbarino
Attest by
Gabrie Rodrig ez
City of South San Francisco Page 3
DRAFT CONDITIONS OF APPROVAL
P17-0037: DR17-0037 and SIGNS17-0018
ACTION SIGNS RELOCATION AGREEMENT
(As recommended by City Staff on June 14, 2017)
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 Action Signs Project shall substantially comply with
the City Council approved plans, prepared by RMG Outdoor Inc., dated December 5,
2016, as amended by these conditions of approval.
3. The developer shall comply with all applicable mitigation measures outlined in the
Mitigation Monitoring and Reporting Program and the Clear Channel Billboard Project
and Related Zoning Amendment IS/MND. Prior to issuance of a building permit the
applicant shall prepare a checklist outlining mitigation measures and status of
implementation, for review and approval by the Chief Planner or designee.
4. Prior to issuance of any building or construction permits for grading improvements, the
applicant shall submit final grading plans for review and approval by the City Engineer
and Chief Planner.
Planning Division contact: Billy Gross, Senior Planner, (650) 877-8535
- _7T_ I
'o
I 1j
r l4 o I
1
h
r 3 o
r �
lr
�I
r I
35LQr
I I
I I
I i
I I
J
I
I I
li
I
I
I
D
of
Cb
W,
0
ala
I I
I I I 11
v
m i
mC D vmr tiZ7mr
x �(7AX 0 ➢N ~y
O'
arm °�ovlorz„v_>
I t
r t
i7�vNi��� z�cz7
y70: 0 k�
T
-Ct
o
N rS
o
r -
r y o
_
o
z
�
'o
I 1j
r l4 o I
1
h
r 3 o
r �
lr
�I
r I
35LQr
I I
I I
I i
I I
J
I
I I
li
I
I
I
D
of
Cb
W,
0
ala
I I
I I I 11
Job,
Owr - f
r .
40�
00,
�x
W-4
13i
6 tv
IrA;"
Job,
Owr - f
r .
40�
00,
�x
W-4
13i
f
af�
Rig
- F
>- -
y
>
—d
> 'fie J °ti- ---- - - - -�� _�.._[. � � � •'
1--i ____
�
agm
O ;Y' 1•'t � to ,� -�- $: c +` � .. qj'
i
o r I .r � � I � A�•�:
' v
{ Y S
4'
z
<
_ iogm- e."-.,. ^ >. - °_6
gNe .p� "3=- �$° S' oo 8n- �e9pS^ °°
"!'_' „° _ - - �` Wiz, aCsS
m6' =8- §&'_ •d��.R � -oN^ :n” '3 s'" g6z6 0� 7;A - CB�.'e FB ;'w
a�i.. C z 2 y °3 30„ n' 'ff. fly° C :s H-1 -i =800
'R :F .R e�aa � a�, F4� _ e� °=c
3a p F
w �dR `e9 :A R 28�F a" as �.F f: �S.n '& '�A ' _ 4R4 - _'�_ fii,
$m O o Jig- $ s€ sfr pp F re ? ae
a n ^ _• $� •F :f° °nm�o cE _ _wpf o m "_ f �m f^ _ _-
fL E'2 _ 6 3_,s�� 3''�ago� •^a -" �n mOg _ F °s�v_ � S= S e w
_4 -I"H
o' S e - > �i ^; Mt,
aM;
s
a ^?�
m NOiu' O� _. ; = o o - Y ='2;''
o�ar�A c?9'O�-
ac OOa OZS,O 8 e` Yo _8 F -3>` -n�R€ �S. 9 ?�
�^ s �anctn ���� F �� € ��• � 3� = � �
a
BILLBOARD RELOCATION AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND ACTION SIGNS, INC
This Billboard Relocation Agreement ( "AGREEMENT ") is made and entered into as of this
14th day of June, 2017, by and between the City of South San Francisco, a municipal corporation
( "CITY "), and Action Signs, Inc., ( "ACTION SIGNS ") (collectively the "Parties ").
RECITALS
(A) WHEREAS, CITY is the owner of that certain real property located at and commonly
known as 178 -190 Airport Boulevard, South San Francisco, California (APNs: 012 -338-
060 and 012 - 338 -070) and more particularly described in the legal description attached
hereto as Exhibit A and incorporated herein (the "Property "); and
(B) WHEREAS, ACTION SIGNS owns a non - exclusive easement that affects the property
for the purpose of installing, constructing, removing, replacing, repairing, maintaining
and operating a monopole billboard, along with reasonable access to the billboard,
recorded on December 15, 2004 in the Official Records of the County of San Mateo as
Document #2004 - 245507 ( "Grant of Easement "); and
(C) WHEREAS, pursuant to the Grant of Easement, ACTION SIGNS operates and
maintains a static, double -faced V- shaped outdoor advertising monopole billboard sign
with the following dimensions: a display face size of fourteen (14') feet wide and forty -
eight (48') feet high with an elevation of ninety four (94') feet ( "EXISTING
BILLBOARD "), and its location on the Property is further described and identified in
Ex17iiiit B; and
(D) WHEREAS, pursuant to the Section 6 of the Grant of Easement, upon written request
from the CITY, ACTION SIGNS is required to relocate the EXISTING BILLBOARD
either within the existing property or to an adjacent property at no cost to the CITY in
order to facilitate development projects on the property; and
(E) WHEREAS, pursuant to the terms of the Grant of Easement and to facilitate
development of the property, and to allow the relocation of the EXISTING BILLBOARD,
Page 1 of 15
which construction, operation and maintenance are specifically permitted and encouraged
by §§ 5412 and 5443.5 of the California Outdoor Advertising Act (Bus. and Prof Code §
5200 et seq.), and the CITY's sign regulations, CITY will grant ACTION SIGNS the right
to relocate the EXISTING BILLBOARD and constructing, operating and maintaining the
NEW BILLBOARD as provided in this AGREEMENT; and
(F) WHEREAS, CITY is willing to allow ACTION SIGNS to construct, operate and maintain
a new, static, double -faced V- shaped outdoor advertising sign (the "PROJECT ") with the
following dimensions: a display face size of fourteen (14') feet wide and forty -eight (48')
feet high with an elevation of one hundred fourteen (114') feet ( "NEW BILLBOARD "),
above the adjacent freeway grade. The NEW BILLBOARD will be constructed at the
property located at 190 Airport Blvd (APN 012 - 338 -060), and its location is further
described and identified in Exhibit "B" (the "NEW BILLBOARD LOCATION "). Such
NEW BILLBOARD will also be constructed pursuant to and in accordance with the terms
and conditions of Chapter 20.360 of the City of South San Francisco Municipal Code; and
(G) WHEREAS, CITY has made the following findings under its police and regulatory
powers regarding the PROJECT: that the construction, operation and maintenance of the
NEW BILLBOARD as proposed and as more -fully described and depicted in Exhibit B, is
in compliance with all CITY regulations, plans and codes; and that the NEW
BILLBOARD will not unreasonably interfere with traffic sight distances, nearby
residences or traffic flow; and
(H) WHEREAS, the PROJECT is contingent upon approvals from the California Department
of Transportation ( "CalTrans "); and
(I) WHEREAS, CITY 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.
(J) Pursuant to an environmental assessment conducted as part of this PROJECT, the City
confirmed that the relocation of the NEW BILLBOARD, based on substantial evidence
that ACTION SIGNS' proposed removal of the EXISTING BILLBOARD, and
Page 2 of 15
construction, operation and maintenance of the NEW BILLBOARD, as more fully
described in this AGREEMENT would not have the potential for any significant
environmental impacts, a substantial increase in the severity of any previously identified
effects beyond those disclosed and analyzed in the IS /MND adopted by the CITY, nor
would it require additional environmental review; and
(K) WHEREAS, the City Council of the CITY has found that this AGREEMENT, and the
construction, operation and maintenance of the NEW BILLBOARD as provided for herein, meet
the requirements of the CITY's Sign Ordinance and the City Municipal Code, are consistent with
the CITY's General Plan and all other applicable regulations, codes and plans, and will preserve
and promote the public health, safety and welfare; and
(L) WHEREAS, on June _ 2017, after conducting duly noticed public meeting, the City Council
of the CITY adopted an ordinance, approving this AGREEMENT with ACTION SIGNS; and
(M) WHEREAS, this AGREEMENT will serve the public interest by allowing the CITY to
continue its development in a planned manner and promoting property redevelopment,
business and commerce within the CITY.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by both Parties, the Parties hereto agree as follows:
SECTION 1. RECITALS AND EXHIBITS.
The foregoing recitals are true and correct, express the intent of the Parties, and are incorporated
herein as contractual terms. All exhibits to this AGREEMENT are essential to this AGREEMENT
and are hereby deemed a part hereof.
SECTION 2. ACTION SIGNS AND CITY AUTHORITY AND STATUS.
A. ACTION SIGNS hereby represents and warrants for the benefit of CITY all of the
following:
1. That the information provided by ACTION SIGNS in this AGREEMENT is true and
accurate to the best of ACTION SIGN'S knowledge after a diligent inquiry; and
2. That ACTION SIGNS is a duly organized, validly existing corporation, and is in good
Page 3 of 15
standing under the laws of its place of incorporation and is in good standing in the
State of California; and
3. That ACTION SIGNS signatory to this AGREEMENT is authorized by resolution, bylaws,
constitution or other authorization of ACTION SIGNS, which resolution, bylaw,
constitution or other authorization is currently in full force and effect, to execute this
AGREEMENT on ACTION SIGNS behalf and bind ACTION SIGNS thereby; and
4. That ACTION SIGNS has legal or equitable interest in the PROPERTY sufficient to
construct, operate and maintain the NEW BILLBOARD at that location; and
5. That ACTION SIGNS is duly authorized to perform or to cause to be performed all of the
obligations of ACTION SIGNS, or ACTION SIGNS' contractors, subcontractors or other
agents, under and in accordance with the terms and conditions of this AGREEMENT.
B. CITY hereby represents and warrants for the benefit of ACTION SIGNS all of the
following:
1. That the information in this AGREEMENT is true and accurate to the best of CITY's
knowledge after a diligent inquiry; and
2. That CITY's execution of this AGREEMENT is authorized by resolution, which
resolution, is currently in full force and effect, to execute this AGREEMENT on the
CITY'S behalf and bind the CITY thereby; and
3. That the CITY is duly authorized to perform or to cause to be performed all of the
obligations of CITY under and in accordance with the terms and conditions of this
AGREEMENT.
SECTION 3. EFFECTIVE DATE OF AGREEMENT.
The effective date of this AGREEMENT shall be the effective date of the resolution approving this
AGREEMENT.
Page 4 of 15
SECTION 4. TERM OF AGREEMENT.
The term of this AGREEMENT shall commence on the EFFECTIVE DATE and shall continue
without an end date, unless terminated as a result of a breach of this AGREEMENT. In the event
of early termination of this AGREEMENT as a result of a breach of this AGREEMENT, ACTION
SIGNS shall, at its sole cost and expense, immediately remove the above - ground portions of the NEW
BILLBOARD within ninety (90) days, unless ACTION SIGNS and CITY have entered into a
subsequent written agreement, upon terms mutually acceptable to both Parties, that allows the NEW
BILLBOARD to remain.
SECTION 5. EXISTING BILLBOARD REMOVAL.
The Parties hereto acknowledge and agree that ACTION SIGNS will permanently remove the
EXISTING BILLBOARD by no later than October 6, 2017. Upon removal of the EXISTING
BILLBOARD and installation of the NEW BILLBOARD, any right title and interest therein or
right to place a billboard, whether by lease, license or other right, at the location of the
EXISTING BILLBOARD shall be forever terminated and shall not be or have been assigned,
transferred or given to any other entity, affiliate, subsidiary, person or party by ACTION SIGNS.
SECTION 6. 1ILLBOARD CONSTRUCTION.
The Parties hereto acknowledge and agree that ACTION SIGNS may construct, operate and maintain the
NEW BILLBOARD at the location described in Exhibit B, that the NEW BILLBOARD shall be
constructed to the specifications outlined in the City's Sign Permit, Project Plans, and any other local
permits or approvals issued by the CITY, and that ACTION SIGNS will at all times operate and maintain
the NEW BILLBOARD in compliance with this AGREEMENT and all applicable state and local laws.
ACTION SIGNS acknowledges and agrees that the architecture of the NEW BILLBOARD will be
constructed substantially in conformance with the design depicted the Sign Permit, and consistent
with the PROJECT'S conditions of approval and project plans.
SECTION 7. ACTION SIGN'S RIGHTS AND OBLIGATIONS.
Page 5 of 15
A. ACTION SIGNS shall not be obligated to remove the EXISTING BILLBOARD or be
permitted to construct the NEW BILLBOARD pursuant to this AGREEMENT unless and until
ACTION SIGNS has received all PERMITS for the removal or construction, as applicable, of
the EXISTING BILLBOARD and the NEW BILLBOARD.
B. CITY agrees that it will use reasonable efforts to cooperate with ACTION SIGNS in connection
with any PERMITS required from the CITY and Caltrans, and any other governmental agencies, and
that it will use reasonable efforts to timely issue all PERMITS necessary for ACTION SIGNS timely
compliance with this AGREEMENT including, but not limited to, construction of the NEW
BILLBOARD and permanent removal of the EXISTING BILLBOARD.
C. ACTION SIGNS shall pay for all reasonable CITY costs for CITY staff and consultants
incurred to implement this Section and ACTION SIGNS shall, upon request of the CITY, make a
deposit in the amount the CITY estimates is necessary to pay the CITY's costs. Any delay caused by the
CITY in its issuance of PERMITS shall not result in a default or failure of perfonnance by ACTION
SIGNS for the period of time delay is caused by CITY.
D. ACTION SIGNS shall pay customary permit fees and any applicable gross receipts tax, in the
event the CITY enacts such a tax. No additional fees, mitigations, conditions, exactions, dedications,
fees or otherwise, whether adopted through the exercise of police power, the taxing power or any
other authority, shall be imposed by CITY with respect to the construction, operation or maintenance of
the NEW BILLBOARD except as provided for herein. Notwithstanding anything to the contrary, no fee
or permit shall be required for any change of copy in connection with the NEW BILLBOARD.
E. If any person or entity not a party to this AGREEMENT initiates any legal or equitable
action or proceeding to challenge the validity of any provision of this AGREEMENT or the
validity or implementation of the permits and approvals or of the IS /MND, the Parties shall
promptly notify the other Party of such claim and each party shall cooperate with the efforts of
ACTION SIGNS to defend such action or proceeding. ACTION SIGNS agrees to pay the costs
to defend any such action or proceeding and to bear the litigation expenses of such defense,
including the CITY's costs, fees and expenses including overhead, CITY staff time and
attorneys' fees (with joint counsel reasonably acceptable to the CITY), for any such action,
including any appeal of such action.
Page 6 of 15
SECTION 8. RELATIONSHIP OF PARTIES.
Under no circumstances shall this AGREEMENT be construed as one of agency, partnership, joint venture
or employment between ACTION SIGNS and the CITY. Each party acknowledges and agrees that it
neither has, nor will it give the appearance or impression of having, any legal authority to bind or commit
the other party in any way, notwithstanding that this AGREEMENT is binding on and between the
Parties.
SECTION 9. INSURANCE REQUIREMENTS.
A. General Liability Insurance. During the term of this AGREEMENT, ACTION SIGNS shall
maintain in effect a policy of comprehensive general liability insurance with a per - occurrence
combined single limit of not less than ten million dollars ($10,000,000.00) and a self - insured
retention of not more than twenty -five thousand dollars ($25,000.00) per claim. The general
liability policy so maintained by ACTION SIGNS shall include either a severability of interest
clause or cross - liability endorsement, and shall include the CITY and its elective and appointive
boards, commissions, officers, agents, employees and representatives as additional insureds on the
policy.
B. Workers' Compensation Insurance. During the term of this Agreement, ACTION SIGNS shall
maintain Workers' Compensation insurance for all of ACTION SIGNS' employees working on
the PROJECT site. ACTION SIGNS agrees to indemnify the CITY for any damage resulting
from ACTION SIGNS' failure to maintain any such required insurance. In addition, ACTION
SIGNS shall require each contractor and subcontractor engaged by ACTION SIGNS for work on
the PROJECT site to provide Workers' Compensation insurance for its respectivc employccs
working at the PROJECT site.
C. Evidence of Insurance. Prior to exectuion of this AGREEMENT, ACTION SIGNS shall fiunish
the CITY satisfactory evidence of the insurance required in Sections 8(a) and 8(b) and evidence
that the carrier will endeavor to give the CITY at least ten (10) days prior written notice of any
cancellation or reduction in coverage of a policy if the reduction results in coverage less than that
required by this AGREEMENT. Further, a certified endorsement must be attached to all policies
Page 7 of 15
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
ACTION SIGNS under this AGREEMENT:
1. During the term of this AGREEMENT, in the event of a reduction (below the limits required
in this AGRFFMFNT) or cancellation in coverage, ACTION SIGNS 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 ACTION SIGNS has provided prior notice to the CITY as required
under this AGREEMENT, said failure shall constitute a material breach of this
AGREEMENT.
2. During the term of this AGREEMENT, in the event of a reduction (below the limits required
by this AGREEMENT) or cancellation hi coverage, ACTION SIGNS shall have five (5)
days in which to provide evidence of the required coverage being reinstated or replaced,
during which time no persons shall enter the PROPERTY to construct improvements
thereon, including construction activities related to the landscaping and common
improvements.
3. If ACTION SIGNS 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 ACTION SIGNS the cost of such coverage plus an
administrative fee equal to ten percent (10 %) of the premium for said coverage.
SECTION 10. INDEMNIFICATION AND HOLD HARMLESS.
A. ACTION SIGNS agrees to indemnify, defend (with counsel reasonably approved by the CITY) and
hold harmless the CITY and its elected and appointed councils, boards, commissions, officers,
agents, employees and representatives (collectively, the "CITY INDEMNITEES ") from any and all
claims, costs (including reasonable legal fees and costs) and liability for any personal injury, death or
property damage (collectively, "Claims ") which arise directly or indirectly as a result of any actions
Page 8 of 15
or inactions by ACTION SIGNS, or any actions or inactions of ACTION SIGNS' contractors,
subcontractors, agents or employees, in connection with the construction, improvement, operation or
maintenance of the PROJECT, provided that ACTION SIGNS shall have no indemnification
obligation with respect to any such Claims (i) to the extent such Claims are solely attributable to the
negligence or willful misconduct of any CITY INDEMNITEES, in which case CITY
INDEMNITEES agree to indemnify, defend, and hold harmless ACTION SIGNS but with respect
to the City's negligence or willful misconduct, or (ii) to the extent arising out of or in connection with
the maintenance, use or condition of any public improvement after the time it has been dedicated to
and accepted by the CITY or another public entity (except as otherwise provided in an improvement
agreement or maintenance bond, if applicable), in which case CITY INDEMNITEES agree to
indemnify, defend, and hold harmless ACTION SIGNS.
B. The Parties' obligations under this Section 9 shall survive the expiration or earlier termination of this
AGREEMENT and shall be independent of any other applicable indemnity agreements.
SECTION 11. NOTICES.
Any communication or notice which either of the Parties is required to send to the other, or which either
of the Parties desires to send to the other, shall be in writing and shall be either: personally delivered;
mailed using the United States Postal Service, postage prepaid, return receipt requested; delivered by a
recognized overnight courier service; or sent by facsimile to the office of the respective Parties as
identified below:
TO THE CITY: City of South San Francisco
400 Grand Avenue,
South San Francisco, CA 94080
Attn: City Manager
With copies to:
South San Francisco City Attorney
Page 9 of 15
c/o Meyers Nave
555 12"' Street, Suite 1500
Oakland, CA 94607
TO ACTION SIGNS: ACTION SIGNS, INC.
Andy and Bill Morocco
c/o Action Signs, Inc.
13190 Pierce Road
Saratoga, CA 95070
With copies to:
George Corey, Esq.
Corey, Luzaich, de Ghetaldi, Nastari & Riddle, LLP
700 El Camino Real
Millbrae, CA 94030
Either of the Parties may change its address by sending notice of the new address to the other
pursuant to this section.
SECTION 12. ENTIRE AGREEMENT.
This AGREEMENT, including exhibits, represent the entire understanding of the Parties as to
those matters contained herein. No prior oral or written understanding shall be of any force or
effect with respect to those matters covered hereunder.
SECTION 13. MISCELLANEOUS PROVISIONS,
A. The parties agree that this AGREEMENT shall be governed and construed in accordance
with the laws of the State of California. In the event that suit shall be brought by either
party to this AGREEMENT, the parties agree that venue shall be vested exclusively in
Page 10 of 15
San Mateo County Superior Court, or, where otherwise appropriate, exclusively in the
United States District Court, Northern District of California.
B. The headings of the sections and subsections of this AGREEMENT are inserted for
convenience only. They do not constitute a part of this AGREEMENT and shall not be
used in its construction.
C. No provision of this AGREEMENT will be deemed waived by either Party unless
expressly waived in a writing signed by the waiving Party. No waiver shall be implied by
delay or any other act or omission of either Party. The waiver by any party to this
AGREEMENT of a breach or violation of any provision of this AGREEMENT shall not
be deemed a continuing waiver, a waiver of any other term or condition contained herein,
or a waiver of any subsequent breach or violation of that or any other provision of this
AGREEMENT.
D. Any and all exhibits that are referred to in this AGREEMENT are incorporated herein by
reference and are deemed a part of this AGREEMENT.
E. This AGREEMENT may be amended only by written agreement executed by both Parties.
F. If a court of competent jurisdiction adjudges any provision of this AGREEMENT as void
or unenforceable, the remaining provisions shall not be affected thereby and shall remain
in full force and effect to the maximum possible extent.
G. Where this AGREEMENT refers to the CITY and no officer of the CITY is named, the
City Manager of the CITY shall have the authority to act on behalf of the CITY.
H. The provisions of this AGREEMENT shall be binding upon and inure to the benefit of the
successors and assigns of each Party.
This AGRFFMF,NT may be executed in counterparts, each of which shall be deemed an
original but all of which shall constitute a single instrument.
In the event either Party is in default of any provision hereof, the non - defaulting Party,
as a condition precedent to the exercise of its remedies, shall be required to give the
defaulting Party written notice of the same pursuant to this AGREEMENT.
Unless otherwise specified herein, the defaulting Party shall have fifteen (15) business
Page 11 of 15
days from the receipt of such notice to cure the default, or, if the default cannot be cured
within fifteen (15) business days, to commence and diligently pursue a cure. If the
defaulting Party timely cures the default, then the default shall be deemed waived and this
AGREEMENT shall continue in full force and effect.
If ACTION SIGNS is in default of this AGREEMENT and does not timely cure such
default, the CITY shall be entitled to pursue all of its remedies available at law or equity,
including, but not limited to, termination of this AGREEMENT and specific
performance, and in the event the CITY elects to terminate this AGREEMENT, ACTION
SIGNS shall remove the above - ground portions of the NEW BILLBOARD as provided
below.
In the event that either Party elects to terminate this AGREEMENT due to default of the
other Party, then ACTION SIGNS agrees that it shall remove the above - ground portions
of the NEW BILLBOARD within ninety (90) days from the date of termination.
K. 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 ACTION SIGNS 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.
L. Each of the Parties having participated in the drafting of this AGREEMENT, any
ambiguity or uncertainty herein shall not be construed against either of the Parties.
WITNESS THE EXECUTION HEREOF as of the date first hereinabove written.
Page 12 of 15
ATTEST:
Krista Martenelli, City Clerk
APPROVED AS TO FORM:
Jason Rosenberg, City Attorney
CITY:
CITY OF SOUTH SAN FRANCISCO
Mike Futrell, City Manager
ACTION SIGNS:
AC
Lolm
F.'r,
Page 13 of 15
E X H I B I T A
LEGAL DESCRIPTION OF PROPERTY
For APIVParcel CD s): 012 -338 -060 and 012 -33B -070
THE LV4D REFERRED TO HEREIN :BELOW IS SITUATED IN THE CITY OF SOUTH SAN FRANCISCO.
COUNT`/ OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS;
Parcel I:
PorSon of Lots 8 -9-10 and 11, Block 1413,: as shown on that certain Map entitled "South San Francisco, San :Mateo
Co., Cal Plat No. 1', filed in the Office of the County Recorder of San Mateo County, State of California,, on March
1, 1892 in Book °B' of Maps at Page(s) & and a copy entered in Book 2 of Maps at Page 52, more particularly
described as a whole as follows:
Beginning at a point on the Easterly line of the State Highway, commonly known as Bayshore
Highway, said point of beginning being distant South 22" 14' 40' West90 feet .from the most
Northerly comer of that certain 1.13$ acre tract described as Parcel One in the Deed from South San
Francisco Land and improvement Company, a corporation, to Leon E. Morris and wife, dated April 7,
1928 and recorded April 30, 1928 in Book 397 of Official Records of San Mateo County at Page 1, and
running thence from said point of beginning. South 22` 14' 40" West 65 feet; thence South 97° 45'
20' l=ast 10J feet; thence North 22' 14'40' East 65 feet; thence North 67' 4512W Nest 100 feet
to the Easterly line of said Highway and the point of beginning.
Parcel Il:
Portion of Lots 11 -12 -13 and 14 in Block 146 and portion of Division Street (abandoned), as designated
on the map entitled, "South San Francisco, San Mateo Co-, Cal. Plat No. 1 ", which. map was
filed in the O.`9ce of the County Recorder of San Mateo County, State of Califomia, on March 1, 1892
in Book "B" of Maps at Page(s) 6 and a copy entered in Book 2 of Maps at Page 52. more particularly
described as..
Beginning at the point of intersection of the Easterly line of the Bayshore Higfnvay with the dividing
line between Los 14 and 15 in said Block 1413, thence youth 74' 27' East 158.60 feet along said
dividing line and the prolongation thereof to the Westerly line of the property of the Southern Pacific
Company, a corporation; thence along said last mentioned line South 22' 14' 40" West 22.05 feet;
thence along a curse to the righthaving a radius of 2 241.88 feet and the chord of which bears South
22° 4602' Wes-, an arc distance of 50.57 feet; :hence South 37` 32'40" "Nest 37.18 feet; thence
leaving said :line of Southern Gacific Company and running North 67° 45' 02 "West: 147.19 feet to a
point on the Easterly line of the Bayshore 'Highway and thence along said line North 22° 14'40" East
90 feet to the point of beginning-
Page 14 of 15
E X H I B IT B
NEW BILLBOARD LOCATION
FUTURE STORM 9RAIN -1
----* rLGwS INTO SYSTEM AIRPORT BOULEVARD
ACROSS AIRPORT
BOULEVARD.,
T T
r.'ti' -LL"CT I-� L
N I WA L T TO aF ti
PROTECTED. IN
PLACE
4 I 1 I EXISTING !
{ ELECIIRiCAI LINE
t
0 a
,I dN M
A !Nx_ +{ a'.R DOCK #
}J f %0 2004-24"07 Ni 1 d
a
5
aF SIGN ABOVE 3
�PRDPOS;D BILLaOXRO
I d
I
OF WA -
Page 15 of 15
178-190 AIRPORT BOULEVARD BILLBOARD PROJECT – ASSESSMENT UNDER PREVIOUS IS/MND PAGE 1 OF 5
LAMPHIER-GREGORY
TECHNICAL MEMORANDUM
PREPARED FOR: Billy Gross
City of South San Francisco
Department of Economic and Community Development
315 Maple Avenue
South San Francisco, CA 94080
PREPARED BY: Rebecca (Gorton) Auld
Lamphier-Gregory, Inc.
1944 Embarcadero, Oakland, CA 94606
SUBJECT: Assessment of the 178-190 Airport Blvd Billboard Project
Under the IS/MND for 101 Terminal Court Clear Channel
Billboard Project and Related Zoning Amendment
DATE: June 1, 2017
Background and Purpose
The 101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment project was
analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND) with State Clearinghouse Number
2013062062 circulated in June 2013and adopted in August 2015. The proposed Zoning Amendment
analyzed in the IS/MND would allow up to three digital billboards in a section of South San Francisco
west of US 101, with the billboard proposed at 101 Terminal Court being the first of the three.
Action Signs has submitted a proposal for a digital billboard at 178-190 Airport Boulevard (including
removal of an existing nearby static sign) within the area covered by the previous IS/MND. The existing
static billboard at the site would be moved to make way for separate redevelopment of the site. The
replacement billboard would be located about 40 feet further north than the existing sign, would be digital
rather than static, and would be taller at 114’to maintain visibility from U.S. 101 given the proposed
redevelopment of the site. The proposed height is taller than both the existing sign (90’) and that assessed
in the IS/MND (up to 70’). The proposed billboard would be a V-shape with two sign faces oriented to
the two directions of traffic on U.S. 101. As with the existing billboard and those assessed in the
IS/MND, the sign faces are 14’ x 48’. The existing and proposed billboard locations and proposed
billboard design are shown in Attachment A.
The purpose of this memo is to assess whether the proposed project has been covered under the IS/MND
or whether subsequent analysis is required. The California Environmental Quality Act (CEQA)
Guidelines Section 15162 provides the following guidance:
(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:
178-190 AIRPORT BOULEVARD BILLBOARD PROJECT – ASSESSMENT UNDER PREVIOUS IS/MND PAGE 2 OF 5
(1) Substantial changes are proposed in the project which will require major revisions of the previous
EIR or negative declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken
which will require major revisions of the previous EIR or Negative Declaration due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or
negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the
previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project, but the
project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in
the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure or
alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after
adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required
under subdivision (a). Otherwise the lead agency shall determine whether to prepare a
subsequent negative declaration, an addendum, or no further documentation.
Assessment
Up to two additional digital billboards to the west of U.S. 101 between Sister Cities Boulevard and the
City’s southern boundary were allowed by the Zoning Amendment and analyzed in the IS/MND. The
current project site is within this area and is currently developed with commercial buildings and a gravel
lot adjacent to railroad tracks and U.S. 101. The current project site is consistent with the type of lots
covered by the assessed Zoning Amendment and would not represent unique site-specific environmental
concerns beyond the analysis in the IS/MND.
No substantial changes have occurred to the circumstances in the area that would change conclusions of
the IS/MND relative to construction of up to three digital billboards as anticipated. There have also been
no substantial changes in digital billboard technology or scientific understanding of digital billboards that
could be considered new information leading to changes in IS/MND conclusions. Therefore, this
assessment focuses on the first criterion under CEQA Guidelines Section 15162: whether the changes in
the project would result in new significant effects or substantially increased severity of significant effects.
The only substantial change from the IS/MND is the proposed taller height. The location proposed is
within the area analyzed and the size of the sign faces are the same as those analyzed in the IS/MND.
178-190 AIRPORT BOULEVARD BILLBOARD PROJECT – ASSESSMENT UNDER PREVIOUS IS/MND PAGE 3 OF 5
Because the changes in the project are limited to height of the billboard, impacts under most
environmental topics would remain unchanged. While construction activities could span a slightly longer
period for a taller sign, it remains a relatively short construction period at an estimated 14 days and
conclusions related to construction would not be substantially changed. The conclusions in the
environmental topic area of Aesthetics have the potential to change with the changed height so are
assessed in more detail below. For reference, the analysis of Aesthetics was included on pages 22 through
31 of the IS/MND.
Scenic Highways and Visual Character
There would be no substantial change to the assessment or conclusions related to Scenic Highways or
visual character. The location (and therefore character of the area) has not changed, and the nearby
segment of U.S. 101 is not a designated or eligible state scenic highway.
Scenic Vistas
The only scenic vista with the potential to be affected by the project is Sign Hill, which contains the
prominent concrete “South San Francisco The Industrial City” sign on the hillside, and is identified as a
national historic landmark and regional landmark. The IS/MND (page 22) characterizes the effect of the
project on views of Sign Hill from U.S. 101 as follows:
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.
The conclusion related to scenic vistas in the IS/MND (page 29) reads as follows:
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 proposed height of 114’ would result in intermittent blockage of views toward Sign Hill from U.S.
101 that would be similar to those occurring today due to the 90’ tall billboard to be removed as part of
the current project. The existing condition is shown in the figure on the following page. Increasing the
height to 114’ would result in blockage of views of Sign Hill similar to those under the current condition.
While changes in height (either from the existing 90’ or the 70’ analyzed in the IS/MND) would change
the exact locations from which views of Sign Hill could be blocked as vehicles travel along U.S. 101, the
currently proposed 114’ height would not substantially change the assessment or conclusions related to
scenic vistas. The impact related to Scenic Vistas would remain less-than-significant with the increased
billboard height.
Light and Glare
The IS/MND (page 30) characterizes the effect of the project on light and glare as follows:
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.
178-190 AIRPORT BOULEVARD BILLBOARD PROJECT – ASSESSMENT UNDER PREVIOUS IS/MND PAGE 4 OF 5
Figure 1: U.S. 101 Northbound View Toward Existing Billboard and Sign Hill.
Source: GoogleEarth, with notations added.
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. It is anticipated that the illuminance would be
negligible beyond 500 feet.
Existing Billboard (90’tall)
Sign Hill
178-190 AIRPORT BOULEVARD BILLBOARD PROJECT – ASSESSMENT UNDER PREVIOUS IS/MND PAGE 5 OF 5
Mitigation Measure Visual-1 was applied to require field testing to demonstrate compliance with
specified brightness levels and would remain applicable to the proposed project. The sign faces would
remain the size specified in the IS/MND and the light levels would be verified to remain within applicable
guideline levels and there would be no change in IS/MND conclusions related to light and glare.
Conclusions
Therefore, given the substantial evidence above, the currently proposed digital billboard project at 178-
190 Airport Boulevard would not require subsequent analysis to the IS/MND per CEQA Guidelines
Section 15162, as confirmed by the following statements:
(1) The current project would not result in new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
(2) There are no changes in circumstances that would result in the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; or
(3) There is no new information resulting in a new significant effect not discussed in new significant
environmental effects, a substantial increase in the severity of previously identified significant
effects, or a change in the feasibility (or acceptance) of mitigation measures.
While changes to the project have occurred after adoption of the IS/MND (being the increased height to
114’ from the analyzed 70’), this assessment has determined that no further documentation is required per
CEQA Guidelines Section 15162. The IS/MND adopted in 2015 continues to serve as the applicable
environmental review document pursuant to the requirements of CEQA for approval of the currently
proposed digital billboard project at 178-190 Airport Boulevard and the measures in the adopted
Mitigation Monitoring and Reporting Program (MMRP) would fully apply. The MMRP is included in
Attachment B.
178-190 AIRPORT BOULEVARD BILLBOARD PROJECT – ASSESSMENT UNDER PREVIOUS IS/MND APPENDIX A
Appendix A
Site Plan and Design
178-190 AIRPORT BOULEVARD BILLBOARD PROJECT – ASSESSMENT UNDER PREVIOUS IS/MND APPENDIX B
Appendix B
Mitigation Monitoring and Reporting Program
10
1
TER
M
I
N
A
L
COU
R
T
CLE
A
R
CHA
N
N
E
L
BIL
L
B
O
A
R
D
PRO
J
E
C
T
A
N
D
REL
A
T
E
D
ZON
I
N
G
AME
N
D
M
E
N
T
– MM
R
P
P
AGE 1
MI
T
I
G
A
T
I
O
N
M
O
N
I
T
O
R
I
N
G
A
N
D
R
E
P
O
R
T
I
N
G
P
R
O
G
R
A
M
10
1
T
e
r
m
i
n
a
l
C
o
u
r
t
C
l
e
a
r
C
h
a
n
n
e
l
B
i
l
l
b
o
a
r
d
P
r
oj
e
c
t
a
n
d
R
e
l
a
t
e
d
Z
o
n
i
n
g
A
m
e
n
d
m
e
n
t
,
Ci
t
y
o
f
S
o
u
t
h
S
a
n
F
r
a
n
c
i
s
c
o
Th
i
s
M
i
t
i
g
a
t
i
o
n
M
o
n
i
t
o
r
i
n
g
a
n
d
R
e
p
o
r
t
i
n
g
P
r
o
g
ra
m
(
M
M
R
P
)
w
a
s
p
r
e
p
a
r
e
d
b
a
s
e
d
o
n
t
h
e
f
i
n
d
i
n
g
s
o
f
t
h
e
I
n
i
t
i
a
l
S
t
u
d
y
a
n
d
M
i
t
i
g
a
t
e
d
Ne
g
a
t
i
v
e
D
e
c
l
a
r
a
t
i
o
n
(
I
S
/
M
N
D
)
f
o
r
t
h
e
P
r
o
j
ec
t
,
w
h
i
c
h
w
a
s
c
i
r
c
u
l
a
t
e
d
i
n
J
u
n
e
2
0
1
3
.
T
h
i
s
M
M
R
P
i
s
i
n
c
o
m
p
l
i
a
n
c
e
w
i
t
h
S
e
c
t
i
o
n
1
5
0
9
7
of
t
h
e
C
E
Q
A
G
u
i
d
e
l
i
n
e
s
,
w
h
i
c
h
r
e
q
u
i
r
e
s
t
h
a
t
t
h
e
L
e
a
d
A
g
e
n
c
y
“
a
d
o
p
t
a
p
r
o
g
r
a
m
f
o
r
m
on
i
t
o
r
i
n
g
o
r
r
e
p
o
r
t
i
n
g
o
n
t
h
e
r
e
v
i
s
i
o
n
s
w
h
i
c
h
it
ha
s
r
e
q
u
i
r
e
d
i
n
t
h
e
p
r
o
j
e
c
t
a
n
d
t
h
e
m
e
a
s
u
r
e
s
i
t
h
a
s
i
m
p
o
s
e
d
t
o
m
i
t
i
g
a
t
e
o
r
a
v
o
i
d
s
i
g
n
i
f
i
c
a
n
t
e
n
v
i
r
o
n
m
e
n
t
a
l
e
f
f
e
c
t
s
.
”
T
h
e
M
M
R
P
l
ists
mi
t
i
g
a
t
i
o
n
m
e
a
s
u
r
e
s
r
e
c
o
m
m
e
n
d
e
d
i
n
t
h
e
I
S
/
M
N
D
a
n
d
i
d
e
n
t
i
f
i
e
s
mi
t
i
g
a
t
i
o
n
m
o
n
i
t
o
r
i
n
g
r
e
q
u
i
r
e
m
e
n
t
s
,
i
n
c
l
u
d
i
n
g
i
m
p
l
e
m
e
n
t
a
t
i
o
n
ti
m
i
n
g
a
n
d
r
e
s
p
o
n
s
i
b
i
l
i
t
y
a
s
w
e
l
l
a
s
m
on
i
t
o
r
i
n
g
r
e
s
p
o
n
s
i
b
i
l
i
t
y
a
n
d
a
c
t
i
o
n
s
.
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 2
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and Reporting Program
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 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.
Prior to operations
then per the
conditions
indicated.
Applicant, as
coordinated by
City
Review of field
testing results
by City
SSF Planning
Division
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.
Prior to issuance
of building
permits and
during
construction
Applicant,
specifically the
construction
contractor
Verify
requirements
are included in
construction
contracts and
met during
construction
SSF Building
Division
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 3
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibility
Date
Completed
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.
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
During
construction Applicant
Halt
construction if
resources are
found and
SSF Building
Division
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 4
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibility
Date
Completed
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.
coordinate with
the appropriate
authority or
professional
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 building
permits, if
requested by the
City
Applicant
Review of
reports by City
and, if
applicable,
verification of
recommended
measures in
construction
contracts
SSF Building
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.
Ongoing during
operations Applicant None by the
City
Applicable
regulatory
agencies
and/or disposal
companies
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 5
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and Reporting Program
Mitigation Measure Timing/
Schedule
Implementation
Responsibility
Verification
Monitoring
Action
Monitoring
Responsibility
Date
Completed
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;
Annually during
operations
Applicant /
Operator
Review of
Annual Report
SSF Planning
Division
101 TERMINAL COURT CLEAR CHANNEL BILLBOARD PROJECT AND RELATED ZONING AMENDMENT – MMRP PAGE 6
101 Terminal Court Clear Channel Billboard Project and Related Zoning Amendment: Mitigation Monitoring and Reporting Program
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