REPORT TO COUNCIL
SUBJECT
Title
Actions to Adopt a Mitigated Negative Declaration, a Mitigation Monitoring and Reporting Program and Billboard Relocation Agreement with Outfront Media LLC to allow the installation of a new single-sided LED digital billboard at 630 Laurelwood Road; and to Waive First Reading and Introduce an Ordinance to Amend Section 18.80.210 of the Zoning Code to Increase The Permissible Height Of Digital Billboards
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
On August 2, 2020, Outfront Media, LLC (“Applicant”) filed an application (PLN2020-14594) to construct a new 672 square foot (14 feet by 48 feet) single-sided LED digital billboard at 630 Laurelwood Road located adjacent to the US 101 Highway. The LED display billboard would be mounted on a 55-foot tall supporting column which will also support a 96 square foot (8 feet by 12 feet) cabinet sign mounted at 35 feet. The cabinet sign will be used to advertise the ‘Public Storage’ facility located on the site.
A Billboard Relocation Agreement has been drafted for this proposed billboard project. In compliance with the Billboard Relocation Agreement, the project would be associated with the removal of four billboard faces, including one existing billboard facing and three billboard facings previously removed (“banked”) in conjunction with this project.
Existing Site Conditions
The project site is located at the southeast corner of the intersection of Keller Street and Laurelwood Road. The project site is bounded by parcels developed with industrial uses to the north and west, commercial and industrial uses to the east, and the US 101 Highway to the south. The Accessor’s Parcel Number is 101-13-004.
The 4.41-acre subject project site is currently developed with storage buildings for the Public Storage business. The existing storage buildings on site are to remain with the proposed LED digital billboard project. However, the existing on-premise sign with two facings advertising the Public Storage business that currently operates on the project site would be removed from the project site.
Zoning Code Amendment
As the billboard has a proposed height of 55 feet tall, this project would exceed the City’s maximum height limit of 35 feet currently applied for all outdoor signs. A text amendment to the Zoning Ordinance is being proposed at this time to allow digital billboard signs to exceed the height limit in Section 18.80.050 with the approval of a Billboard Relocation Agreement (Attachment 7).
Billboard Banking Agreement
In order to remove three billboard faces prior to a site being ready for a new billboard, Outfront entered into a “banking agreement” with the City in 2017, with an initial three-year term, and which was later extended to December 31, 2021. At the December 7, 2021 City Council meeting, the Council authorized the City Manager to execute Amendment No. 2 to the Billboard Banking Agreement with Outfront Media, LLC to extend the termination date from December 31, 2021 to June 30, 2022. The 2017 Billboard Banking Agreement and the second amendment to the Billboard Banking Agreement are attached to this report as a reference.
DISCUSSION
The proposed billboard project was heard at the January 10, 2022 Planning Commission Special meeting. Staff provided a presentation on the details of the proposal and its conformance to the City’s General Plan, Zoning, and Billboard Relocation Agreement Policy. The staff analysis of the proposal is provided in the Planning Commission staff report (Attachment 1).
Planning Commission Meeting Summary
The Planning Commission undertook a lengthy discussion regarding the proposed LED digital billboard. Some Commissioners expressed concerns on whether billboards should be located in the City of Santa Clara and discussed whether it was more desirable to have them located along the freeway, as proposed, or along city streets. The applicant provided clarifications on the proposed height of the billboard at 630 Laurelwood and how it was similar or shorter in height than other billboards along the 101 Freeway. Staff provided clarifications on the City’s Billboard Relocation Agreement Policy, which stipulates that three billboard faces must be removed in exchange for the allowance of a new billboard face. This policy facilitates a net reduction of billboards in the city.
Planning Commission Meeting Summary and Action
The first motion was made by Commissioner Ikezi, seconded by Commissioner Huang to approve Staff Recommendation 1, to adopt a resolution recommending Council adoption of the Mitigated Negative Declaration (MND) prepared for this project and the Mitigation Monitoring and Reporting Program (MMRP). The motion passed unanimously (7-0) with all Commissioners voting in favor.
The second motion was made by Commissioner Ikezi, seconded by Commissioner Huang to approve Staff Recommendation 2, to recommend adoption of the Zoning Code Text Amendment to allow for increased sign height. The motion passed (5-2), with five Commissioners in favor and two against.
The third motion was made by Commissioner Ikezi, seconded by Commissioner Huang to approve Staff Recommendation 3, to recommend approval of the Billboard Relocation Agreement. The motion passed (4-3), with four Commissioners in favor and 3 against.
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was prepared for the project by the environmental consultant firm Denise Duffy & Associates in accordance with the California Environmental Quality Act (CEQA). The MND, MMRP and Notice of Availability were posted on the City’s website at www.santaclaraca.gov/ceqa <http://www.santaclaraca.gov/ceqa> and circulated for 20-day review on December 16, 2021 with the Open Comment Period from December 17, 2021 to January 5, 2022, in accordance with CEQA requirements. One comment letter was received from Valley Water on the MND, which raised minor issues. A response to the Valley Water comment letter was prepared and has been attached to this report.
The MND examined environmental impacts associated with project development and identified potential air quality, biological, cultural resources, geology and soils, hazards and hazardous materials, noise, and water quality impacts that with incorporation of mitigation measures into the project would reduce all potential impacts to less than significant. A detailed discussion of the potential impacts and mitigation measures to be applied to the project are specified in the MND and would be implemented through project conditions of approval and the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project.
FISCAL IMPACT
Pursuant to the City Council Policy for Billboard Relocation Agreements, as further consideration for the New Billboard installation, the Advertiser agrees to pay City $70,000 per new billboard face. The Advertiser shall pay the total amount due prior to the issuance of the building permit for the new billboard. The administrative staff time and expense related to the City’s processing of the requested application is covered by processing fees paid by the applicant.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On February 10, 2022, a notice of public hearing on this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed project.
Public contact was made by posting the Council agenda on the City ’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov.
RECOMMENDATION
Recommendation
1. Adopt a resolution approving the Initial Study (IS)/Mitigated Negative Declaration (MND) prepared for this project and the Mitigation Monitoring and Reporting Program (MMRP);
2. Waive First Reading and Introduce an Ordinance to Amend Section 18.80.210 of the Zoning Code to allow for increased sign height in conjunction with a Billboard Relocation Agreement; and
3. Approve the Billboard Relocation Agreement.
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. January 10, 2022 Planning Commission Staff Report
2. Initial Study/Mitigated Negative Declaration
3. Mitigation Monitoring and Reporting Program
4. Response to Draft IS Comment
5. Resolution to Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
6. Draft Billboard Relocation Agreement
7. Draft Ordinance Amending Zoning Code
8. City Council Policy Statement for Billboard Relocation Agreements
9. Billboard Banking Agreement
10. Approved Amendment No. 2 Billboard Banking Agreement
11. Conditions of Approval
12. Development Plans