REPORT TO PLANNING COMMISSION
SUBJECT
Title
PUBLIC HEARING: Action on a Conditional Use Permit (PLN24-00424) to Construct a Single-Sided Digital LED Billboard as Part of a Billboard Relocation Agreement and a Minor Modification to Reduce the Required 1,500 Linear Feet Distance from Another Electronic Digital Display Message Sign, and Recommendation to the City Council to Approve Adoption of the Billboard Relocation Agreement, Located at 1700 Duane Avenue.
Report
PROJECT IN BRIEF
File No.(s): PLN24-00514
Project: Action on a Conditional Use Permit (PLN24-00424) to construct a single-sided digital LED billboard as part of a Billboard Relocation Agreement, and a Minor Modification to reduce the required 1,500 linear foot distance from another electronic digital display message sign, and Recommendation to the City Council to approve adoption of the Billboard Relocation Agreement, located at 1700 Duane Avenue.
Applicant: Chris Martin, Outfront Media
Property Owner: Bloom Investment Company LP
General Plan: Low Intensity-Office/Research & Development
Zoning: LO-RD - Low-Intensity Office/R&D
Site Area: 0.66 acres
Existing Site Conditions: The existing on-premise sign with two faces advertising the existing COCO Home business that currently operates on the project site will remain in place.
Surrounding Uses
• North: US 101 Highway
• East: LO-RD - Low-Intensity Office/R&D, Business Office Building
• South: LO-RD - Low-Intensity Office/R&D, Data Center
• West: LO-RD - Low-Intensity Office/R&D, Landscape & Tree Services
Issues: Consistency with the General Plan and Zoning Ordinance
Staff Recommendation: 1) Determine the project to be exempt from the California Environmental Quality Act; 2) Adopt a resolution approving the Conditional Use Permit to construct a single-sided digital LED billboard as part of a Billboard Relocation Agreement, subject to findings and conditions of approval; 3) Adopt a resolution approving the Minor Modification to reduce the required 1,500 linear foot distance from another electronic digital display message sign, subject to findings and conditions of approval; and 4) Recommend to the City Council approval of the Billboard Relocation Agreement.
BACKGROUND
The applicant, Outfront Media, filed an application on August 19, 2024, to construct a new 672 square foot (14 feet by 48 feet) single-sided LED digital billboard at 1700 Duane Avenue (PLN24-00424). The display on the billboard would be mounted on a new 46-foot tall supporting column. The proposed billboard would be 60 feet in height overall from the grade to the top of the sign.
The project requires approval of a Conditional Use Permit, a Minor Modification, and approval of a Billboard Relocation Agreement. A Conditional Use Permit is required to erect an electronic billboard. A Minor Modification is proposed to reduce the required 1,500 linear foot separation distance from another electronic digital display message sign by up to 25% (375 feet). In compliance with the Billboard Relocation Agreement, the project would remove three billboard faces on El Camino Real Boulevard.
The Planning Commission can act on the Conditional Use Permit and Minor Modification, and make a recommendation to the City Council for action on the Billboard Relocation Agreement.
DISCUSSION
The proposed project is to construct a new light emitting diode (LED) billboard located within an existing paved area near the northern boundary of the subject property. The structure would include a single-sided west facing display that would be visible to vehicles traveling southbound on US Highway 101. The existing on-premise sign with two faces advertises the COCO Home business located on the site and will remain in place. See Attachment 2 for the development plans.
The proposed billboard display would cycle through a rotation of static images and would be used primarily for commercial advertisements. The sign would operate constantly, rotating advertisements every eight seconds. Other uses for the sign could include promoting community events, highlighting public awareness campaigns, and broadcasting emergency messages when necessary. The billboard would not show video or motion, nor would it emit noise or audio. The project does not propose to change the existing land use of the project property.
Santa Clara City Code (SCCC) Sections 18.42.090 (Billboards) and 18.42.140 (Electronic Digital Display Message Signs) established in 2024, include the standards to erect and operate billboards and electronic display message signs. The City has had a policy since 1978 (Ordinance No. 1365 - Attachment 4) to limit the number of billboards to improve the quality of life for its citizens.
In 2004, the City Council established a policy statement for billboard relocation with minimum criteria, later revised in 2011 (Attachment 4). The City determined that billboards, by their very nature, constitute visual clutter and blight to the appearance of the City. (SCCC Section 18.42.090.A.) Section 18.42.090.C stipulates that the City may enter into agreements to allow for the relocation of existing outdoor advertising displays, at a 3:1 ratio (3 removed, 1 new).
General Plan Conformance
The project site has a General Plan land use designation of Low Intensity-Office/Research and Development (LO-RD). This classification is intended for campus-like office development that includes office and R&D, as well as medical facilities and free-standing data centers, with manufacturing uses limited to a maximum of 20 percent of the building area. It is typically located in areas that provide a transition between light industrial and high-intensity office and R&D uses.
While a General Plan conformance finding is not a requirement for approval, on balance, the proposed project is consistent with the City’s General Plan. The following policy is presented for consideration as they relate to the project:
• 5.3.1-P24 - Coordinate sign programs for commercial uses to promote continuity, improve streetscape design and reduce visual clutter.
Zoning Conformance
Section 18.42.140 (Electronic Digital Display Message Signs)
The proposed electronic billboard would be located on a site zoned LO-RD - Low-Intensity Office/R&D. In accordance with SCCC Section 18.42.140.C, a Conditional Use Permit is required for an electronic digital display message sign to be erected.
The proposed billboard is consistent with the development standards for electronic billboards except for height and sign separation. The allowed height for an electronic digital display message sign is a maximum of 25 feet, unless modified by the terms of the Conditional Use Permit (Section 18.42.0140.F.2). The proposed height of the billboard is 60 feet as requested in the Conditional Use Permit.
The approval of a Conditional Use Permit to allow an electronic digital display message sign shall be based on the following findings:
1. The proposed electronic digital display message sign is to be located in an appropriate area as defined by Section 18.42.140.F (Development Standards);
• Sign Face Dimensions: The proposed sign will be 672 square feet, which is less than the maximum display area of 800 square feet, and the overall length is 48 feet, which is less than the maximum length of 60 feet
• Height: As authorized by the Code, the height is set by the Conditional Use Permit to 60 feet for the proposed billboard, which is an appropriate height for a sign adjoining a freeway.
• Separation: The applicant requests a Minor Modification reducing the 1,500 foot separation distance from another electronic digital display message sign to 1,187 feet.
• Support Structure: The sign will be mounted on a single cylindrical column support, as required by the Code.
• Cutouts and Attachments: The sign will not have cutouts or attachments.
• Double-faced Signs: The sign will be single-faced electronic digital display message sign on a cylindrical column structure.
• Mechanical Screening: The sign will include a b-deck enclosure to conceal back bracing, framework, structural members, and electrical equipment.
• Owner Identification: The sign will have an owner identification side located on the bottom left corner.
• Undergrounding of Utilities: The sign will underground all utilities as required in the Conditions of Approval.
2. The proposed electronic digital display message sign is placed in the least visually impacting manner;
• The proposed electronic digital display message sign is located next to US Highway 101 and is located at least 1,125 linear feet from other electronic digital display message signs.
3. The Conditional Use Permit contains appropriate language addressing revenue and/or other public benefits for the City;
• The proposed Billboard Conditional Use Permit includes a Billboard Relocation Agreement, which establishes mechanisms for ensuring the removal of obsolete billboards, compensation to the City for new billboard installation, and public service and emergency announcements.
4. The proposed electronic digital display message sign complies with all the applicable operational standards specified in Subsection G, below, unless modified by the Planning Commission, as well as all applicable Federal and State laws;
• Brightness: The sign will have a brightness of maximum 5,000 nits during daytime hours and maximum 300 nits during nighttime hours. These levels comply with the City’s requirements that sign’s brightness should not exceed 5,000 nits during the day and 500 nits at night.
• Dimmer Control: The sign will have a dimmer control to adjust to respond the ambient conditions and change illumination from higher illumination level to lower lever for the time period between one half-hour before sunset and one half-hour after sunrise.
• Brightness Review: The sign is conditioned to a 30-day review period as required by the Zoning Code.
• Change of Message: The sign will operate constantly, rotating advertisements every eight seconds and change messages instantaneously without any fading in/out, scrolling, dissolving, or similar animation.
• No Animation: The sign will not show video or motion, nor will it emit noise or audio. The sign will not have any form of moving, animated, oscillating, or rotating images, or any other design intended to attract attention.
• Maintenance: The sign is conditioned to be maintained in good working order at all times. Sign will be designed and equipped to freeze the changeable message in one position or to go dark if a malfunction occurs. The sign owner will immediately stop the electronic/digital display when notified by the City that is malfunctioning or not complying with regulations of this Section.
• Nonconforming Sign Structure: The proposed sign will not change an existing sign or sign structure to a new electronic digital display message sign.
• Public Service Announcements: The sign will provide public service announcements, Amber Alerts, and other community service announcements as required in the Billboard Relocation Agreement, Zoning Code, and Conditions of Approval.
5. The placement of the proposed electronic digital display message sign will not adversely affect residential use of property
• The proposed billboard is not located near residential properties and proposes to remove billboard faces along El Camino Real Boulevard.
6. The placement of the proposed electronic digital display message sign will not pose a traffic hazard.
• The proposed sign will not create traffic hazard as it is consistent with the operational and development standards in Section 18.42.140.
Section 18.42.90 (Billboards)
The Billboard Relocation Agreement for the proposed project requires, ultimately, the removal of three existing billboard faces in exchange for the installation of the proposed single-sided digital billboard at a new location within the City. The draft Billboard Relocation Agreement is attached to this report (Attachment 8).
To construct a new single-sided digital billboard, Outfront Media proposes to remove three existing billboard faces. The billboard face on the west side is proposed to be removed located at 2983 El Camino Real, Santa Clara, CA (6321). The other two billboard faces proposed to be removed are located at 3362 El Camino Real, Santa Clara, CA (6208/6209). Hand tools and small crane rigs would be used to remove the billboard faces and the structure. The top of the billboards would first be disassembled and removed, and then any supporting equipment.
With the removal of three billboard faces, the installation of the proposed billboard does not increase the total number of billboards from 17, in accordance with SCCC Section 18.42.090.B.5.
Minor Modification
A Minor Modification is proposed to reduce the 1,500 linear foot separation distance from another electronic digital display message sign, as required in SCCC Section 18.42.140.F.3 - Separation. A Minor Modification can be used to reduce the 1,500 linear feet by up to 25%, which would result in a minimum separation of 1,125 linear feet. Here, the proposed billboard is approximately 1,187 feet from an existing on-premise LED sign located at 3250 Jay Street. The proposed billboard is approximately 1,440 feet from an existing Clear Channel Outdoor operated LED billboard located at 1130 Duane Avenue (see Attachment 3). Although Minor Modification requests are typically decided by the Director, they may be referred to the Planning Commission for consideration and final decision (Section 18.124.040.C.2). In order to grant a Minor Modification, 4 findings are required:
1. The site characteristics and/or existing improvements make strict adherence to the Zoning Code requirements impractical or infeasible;
• Strict adherence to the 1,500-foot separation distance from other electronic digital display message signs would restrict the implementation of City’s policy to remove existing Billboards through the Billboard Relocation Agreement.
2. Granting the Minor Modification will result in development compatible and consistent with the adjoining properties and the immediate neighborhood;
• The Billboard Relocation Agreement proposes to remove billboard faces from El Camino Real and locate a new billboard along US Highway 101, consistent with the adjoining properties and City Council policy.
3. Granting the Minor Modification will be in conformance with the intent and purposes of the zone for the property; and
• Electronic Digital Display Message Signs are permitted with a Conditional Use Permit in the LO-RD zone and is appropriate for a transition area between light industrial and high-intensity office and R&D uses and along US Highway 101.
4. There are no significant adverse impacts from the proposed Minor Modification or any adverse impacts have been mitigated.
• No significant adverse impacts are anticipated from the proposed Minor Modification.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3 -- New Construction or Conversion of Small Structures), in that the proposed use consists of construction of new, small structures or where only minor modifications are made in the exterior of a structure.
FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
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 <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
On March 27, 2025, a notice of public hearing on this item was mailed to property owners within 300 feet of the project site. At the time of this staff report, Planning staff have not received public comments in support or opposition to the proposed project
RECOMMENDATION
Recommendation
1) Determine the project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3 - “New Construction or Conversion of Small Structures”).
2) Adopt a resolution approving a Conditional Use Permit to allow for construction a single-sided digital LED billboard as part of a Billboard Relocation Agreement, located at 1700 Duane Avenue, subject to findings and conditions of approval.
3) Adopt a resolution approving a minor modification to reduce the required 1,500 linear feet distance from another electronic digital display message sign, located at 1700 Duane Avenue, subject to findings and conditions of approval.
4) Recommend to the City Council approval of the Billboard Relocation Agreement.
Staff
Prepared by: Meha Patel, Assistant Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Vicinity Map
2. Development Plans
3. Minor Modification - Distance from Other LED Signs
4. Ordinance No. 1365 and City Council Policy Statement
5. Conditions of Approval
6. Resolution to Adopt the Conditional Use Permit
7. Resolution to Adopt the Minor Modification
8. Draft Billboard Relocation Agreement