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HomeMy WebLinkAbout2014-02-25 - AGENDA REPORTS - METRO BILLBOARD REDUCTION AGMT (2)Agenda Item: 5 CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Tom Cole DATE: February 25, 2014 SUBJECT: METRO BILLBOARD REDUCTION AGREEMENT DEPARTMENT: Community Development RECOMMENDED ACTION City Council: (1) Adopt a resolution adopting the Mitigated Negative Declaration for Master Case 13-184 (MC 13-184), and approve General Plan Amendment 13-003 to amend the General Plan Land Use Map. (2) Introduce and pass to second reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING ZONE AMENDMENT 13-005 AND ZONE CHANGE 13-007, AMENDING TITLES 11 AND 17 OF THE MUNICIPAL CODE AND THE ZONING MAP OF THE CITY (3) Introduce and pass to second reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADOPTING A DEVELOPMENT AGREEMENT WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) FOR THE REMOVAL OF 62 OFF-SITE ADVERTISING STRUCTURES, AND CONSTRUCTION AND OPERATION OF THREE DIGITAL BILLBOARDS ON CITY -OWNED PROPERTY ADJACENT TO THE INTERSTATE 5 AND STATE ROUTE 14 FREEWAYS." BACKGROUND The applicant, the Los Angeles Country Metropolitan Transportation Authority (METRO), is proposing the development of three digital billboards (with six billboard faces) on three Ordinance passed to Ordinance passed to Art So U4.ly-c,3 Second reading Second reading freeway -adjacent City -owned sites. In consideration of the entitlement to develop and operate the three digital billboards (six billboard faces) and a 50 -year lease of City -owned sites, METRO would remove all 62 existing off-site advertising structures (118 billboard faces) which currently exist in the METRO right-of-way within the City boundaries, along the major corridors of Soledad Canyon Road, Bouquet Canyon Road, Sierra Highway, Railroad Avenue, and Newhall Avenue (The "Project"). The three City -owned sites that are proposed to house the new digital billboards include: Norland Road: Approximately 3,488 square -feet of land located on the south -side of State Route 14 (SR -14), approximately 1,000 square -feet east of Oak Springs Canyon Road. This property is a portion of a larger 58 -acre purchase from Larry Rasmussen, made in 2005. Remsen Street: Approximately 3,183 square -feet of land located on the west -side of SR -14, approximately 1,000 feet East of Sierra Highway. This property is formerly a County -owned road that transferred to the City upon incorporation. Magic Mountain Parkway: Approximately 3,256 square -foot area of land located adjacent to the east -side of Interstate 5 (I-5) on the north side of Magic Mountain Parkway, approximately 900 feet west of Tourney (APN: 2866-007-907) in the Business Park (BP) zone. This property is a portion of a larger 134 -acre donation made by Newhall Land to the City of Santa Clarita. The size of the face of the digital billboards is 14 feet high by 48 feet wide. Each site has varying topography and therefore the height of the structure that houses the billboard face varies by site. METRO has worked closely with a consultant to identify the height and placement of the digital billboards in an effort to minimize the impacts to residents. Proposed elevations for each of the sites are included in the attached Development Agreement. Public Participation On December 4, 2013, the City initiated a website (http://billboards.santa-clarita.com) to disseminate information related to this proposal and provide an opportunity for the public to leave comments directly on the website. Approximately 70 public comments have been submitted to date, with comments ranging from highly supportive of the proposal to highly opposed. In addition to the website, a series of community outreach meetings were held to provide information and receive input on METRO's billboard reduction proposal with the following community groups: • Santa Clarita Signal Editorial Board • Santa Clarita Valley Economic Development Corporation • Santa Clarita Parks, Recreation and Community Services Commission • Santa Clarita Arts Commission • Santa Clarita Planning Commission • Santa Clarita Valley Chamber of Commerce Board • Santa Clarita Valley Latino Chamber of Commerce Board • Santa Clarita Automobile Dealers Association 2 • Valley Industry Association • Old Town Newhall Association • California Highway Patrol Finally, media articles describing METRO's billboard reduction proposal appeared in The Signal, KHTS, and SCV News. These media articles also referenced the City's billboard specific website. Zone Amendment The Project proposes to amend the text of the Unified Development Code (UDC) to allow the City Council discretion to enter into Billboard Reduction and Relocation Agreements which would permit installation of new billboards within a new Billboard Relocation Overlay Zone adjacent to the I-5 and SR -14 freeways, providing that offsetting billboard removals achieved a reduction in both the number of billboards and overall square footage of billboards within the City. The Zone Amendment also establishes a five-year amortization period for all existing billboards, after which time the City could require removal of any billboard in the City. At any time after the expiration of the amortization period, the City could opt to require removal of existing billboards, subject to payment of compensation in accordance with State law (California Business and Professions Code Section 5412). Included with the Zone Amendment is a minor amendment to Section 11 of the Municipal Code which modifies the restriction on private signage within the public right-of-way. The full wording of the proposed Municipal Code Amendments is included in the Ordinance for Zone Amendment/Zone Change. General Plan Amendment and Zone Change The Project would modify the Zoning Map to include a Billboard Relocation Overlay Zone adjacent to the I-5 and SR -14 freeways which would be subject to the the required findings and development standards outlined in the Zone Amendment. Since any new billboard is subject to the discretionary City Council approval of a Billboard Reduction and Relocation Agreement, the Billboard Relocation Overlay Zone does not establish a zone where billboards are permitted by right. Additionally, the Project proposes a General Plan Amendment and Zone Change for the approximately 3,488 square -foot Norland Road leasehold area that would result in a General Plan designation of Business Park (BP) and a zoning designation of Business Park from the current General Plan Land Use Designation and Zoning Designation of Open Space. Commercial or industrial zoning is a requirement for locating billboards in the vicinity of a state highway, per the State Outdoor Advertising Act. These map changes are shown on exhibits attached to the resolution for the General Plan Amendment/Califomia Environmental Quality Act (CEQA) document and the Ordinance for Zone Amendment/Zone Change. Development Agreement The proposed Development Agreement and associated Lease Agreement provide for: (1) staged removal of all 62 existing outdoor advertising structures (118 billboard faces) located in the METRO right-of-way; (2) the development of the three digital billboard structures (six billboard faces) on City -owned sites; (3) the management and operation of the digital billboards; (4) the allocation of revenue derived from the digital billboards. The Development Agreement and Lease Agreement are attached to the Ordinance for a Development Agreement. 3 Planning Commission At the Planning Commission meeting of January 7, 2014, MC 13-184 was presented to the City of Santa Clarita Planning Commission. Of the 16 members of the public who spoke on the item, six were in support of the proposal, with 10 in opposition. The Commission reviewed three alternative Billboard Design Options (attached) and voted 3-1 to adopt a resolution recom- mending that the City Council amend its General Plan Land Use Map and UDC Zoning Map, amend Titles 1 I and 17 of the Municipal Code, adopt the Development Agreement, and approve the Lease Agreement. The Planning Commission further recommended that the billboard design be consistent with Option 1 of the Billboard Design Options, modified to utilize more neutral colors that will blend into the background to the extent feasible, that the minimum spacing between digital billboards be increased from 1,000 feet to 2,500 feet, that the minimum spacing between static billboards be increased from 500 feet to 1,000 feet, and that the applicant continue to work with the billboard companies on the matter of compensation and work with small business owners to provide alternative advertising opportunities. Environmental Status A draft Mitigated Negative Declaration was prepared for this proposed Project that included all environmental topics with substantial analysis of aesthetics/visual impact, lighting, traffic safety, biological resources, and oak trees. The environmental document concluded that the project, as conditioned by the required mitigation measures, will not have a significant effect on the environment. The draft Mitigated Negative Declaration was available for a public review period beginning on December 17, 2013, and ending on January 17, 2014. A copy of the draft Mitigated Negative Declaration and all supporting documents were available at the Permit Center located on the first floor of City Hall. A copy of the draft Mitigated Negative Declaration was also posted at the Santa Clarita Library, Valencia Branch, during the public review period noted above and is attached to this report. Legal Noticing Requirements On December 17, 2013, a Notice of Public Hearing and a legal notice advertising the Planning Commission public hearing and draft Mitigated Negative Declaration were placed in The Signal. Furthermore, on February 4, 2014, a Notice of Public Hearing, advertising the City Council public hearing, and draft Negative Declaration were placed in The Signal. All written correspondence on the environmental document or the proposed Project is included as an attachment to this Agenda Report. ALTERNATIVE ACTIONS Other actions as determined by City Council. 4 FISCAL IMPACT In the first year of full operation of all three digital billboards, the rent to be received by the City is estimated to be between approximately $450,000 and $600,000, with equivalent or greater annual rent going forward. The rent due is based on a percentage of the net advertising revenue, after expenses, per the terms outlined in the lease agreement for the City -owned sites. ATTACHMENTS Public Hearing Notice Resolution Exhibit A to Resolution Ordinance - Zone Amendment/Zone Change Exhibits A, B, C to Ordinance ZA/ ZC Ordinance - Development Agreement Exhibit A to Ordinance -Development Agreement and Associate Lease Agreement Draft Mitigated Negative Declaration with Initial Study Billboard Design Options 1-3 Correspondence Received Through 2-18-14 Planning Commission Staff Report & Reso available in the City Clerk's Reading File 0 CITY OF SANTA CLARITA COMMUNITY DEVELOPMENT DEPARTMENT oo 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION APPLICATION: Master Case No. 13-184 Zone Amendment 13-005 Zone Change 13-007 General Plan Amendment 13-003 Development Agreement 13-002 Initial Study 13-006 PROJECT APPLICANT: Los Angeles County Metropolitan Transit Authority (METRO) PROJECT DESCRIPTION: The applicant is requesting a Zone Amendment to the text of the Unified Development Code (UDC) and Municipal Code, a General Plan Amendment, Zone Change, and Development Agreement (including lease agreements), to allow the construction and operation of three digital billboards on three freeway -adjacent City -owned sites and the removal of all 62 existing outdoor advertising structures in the Metro right-of-way (ROW) within the City. The proposed Zone Amendment would also establish a five (5) year amortization period for the removal all remaining billboards within the City erected prior to adoption of the City's first updated sign ordinance, which is November 13, 1990, and create a Billboard Relocation Overlay Zone. PROJECT LOCATION: The 62 outdoor advertising structures (118 billboard faces) which would be removed are located within the METRO ROW, along both sides of the railroad tracks, along Newhall Avenue, Bouquet Canyon Road and Soledad Canyon Road. The three proposed billboard development sites consist of the Norland Road site, the Remson Street site and the Magic Mountain Parkway site, located as follows: a. The Norland Road site is located adjacent to the south side of State Route 14 (SR -14), within the Norland Road right-of-way, approximately 1000 feet east of Oak Springs Canyon Road (APN 2840-001-271) in the Open Space (OS) zone. b. The Remsen Street site is located adjacent to west side of State Route 14 (SR -14), within the Remsen Road right-of-way, approximately 1000 feet east of Sierra Highway (adjacent to APN: 2827-010-012) in the Business Park (BP) zone. C. The Magic Mountain Parkway site is located adjacent to the east side of Interstate 5 (1-5) on the north side of Magic Mountain Parkway, approximately 900 feet west of Tourney (APN: 2866-007-907) in the Business Park (BP) zone. ENVIRONMENTAL REVIEW: A DRAFT MITIGATED NEGATIVE DECLARATION has been prepared for this proposed project and was posted for a public review from December 17, 2013 to January 17, 2014. A copy of the draft Mitigated Negative Declaration and all supporting documents is available at the Permit Center located in the City Hall Building at 23920 Valencia Boulevard, Suite 140, Santa Clarita, CA 91355. A copy of the draft Mitigated Negative Declaration (without all supporting documents) is available at the Santa Clarita Library, Valencia Branch. ►J The City of Santa Clarita City Council will conduct a public hearing on this matter on the following date: DATE: Tuesday, February 25, 2014 TIME: At or after 6:00 p.m. LOCATION: City Hall, Council Chambers 23920 Valencia Blvd., First Floor Santa Clarita, CA 91355 If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearings. For further information regarding this proposal, you may contact the project planner at the City of Santa Clarita, Permit Center, 23920 Valencia Blvd., Suite 140, Santa Clarita, CA 91355. Telephone: (661) 255- 4330. Website: www.santa-clarita.com/planning. Send written correspondence to: 23920 Valencia Blvd., Suite 302, Santa Clarita, CA 91355. Project Planner: David Koontz, AICP, Associate Planner. Email: dkoontz@santa-clarita.com. Armind Chaparyan, Interim City Clerk Dated: January 31, 2014 Posted: Santa Clarita City Hall Permit Center, Santa Clarita Public Library (Valencia Branch) Published: The Signal, February 4, 2014 RESOLUTION 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO ADOPT THE MITIGATED NEGATIVE DECLARATION PREPARED FOR MASTER CASE 13-184 AND APPROVE GENERAL PLAN AMENDMENT 13-003, AMENDING THE LAND USE MAP OF THE CITY OF SANTA CLARITA GENERAL PLAN NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: A. The City has a history of actively addressing visual blight through Community Preser- vation activities, including graffiti abatement and implementation of a Sign Compliance Amortization Program, which concluded in 2010 after facilitating the voluntary removal of hundreds of non-compliant business signs. B. Sixty-two (62) off-site advertising structures (118 billboard faces) currently exist within the Los Angeles County Metropolitan Transportation Authority (METRO) right-of-way (ROW) within the City of Santa Clarita, constituting a significant visual blight for the residents of the City. METRO has proposed to remove or cause the removal of all 62 of the existing structures within their ROW. In consideration of the removal of the existing METRO billboards, the City and METRO have identified three City -owned sites adjacent to the Interstate 5 (I-5) and State Route 14 (SR 14) freeways as suitable for the develop- ment of three digital billboards (six billboard faces), and the City has proposed to lease the sites to METRO subject to the terms and conditions of a Development Agreement for the Reduction and Relocation of Billboards and associated site Lease Agreement. C. On November 15, 2013, an entitlement application was filed by METRO which consists of Master Case 13-184, Zone Amendment 13-005, General Plan Amendment 13-003, Zone Change 13-007, and Development Agreement 13-002. D. As a component of this project, the City is adopting a Zone Amendment to the text of Titles 11 and 17 of the Municipal Code, which would create a Billboard Relocation Overlay Zone, and authorize the City Council to enter into Billboard Reduction and Relocation Agreements under which new billboards, including digital billboards, may be constructed in existing or new locations in exchange for the permanent removal of existing billboards. E. The proposed Development Agreement and associated Lease Agreement provide for: (1) the staged removal of all 62 existing METRO outdoor advertising structures; (2) the development of three digital billboards on City -owned sites; (3) the management and operation of the digital billboards; and (4) the allocation of revenue derived from the digital billboards. (collectively "The Project") F. The Planning Commission held a duly -noticed public hearing on January 7, 2014, in accordance with the City's noticing requirements. The Project was advertised in The Signal newspaper on December 17, 2013, and notices were mailed to all property owners within a 1,000 -foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1,700 feet from the proposed Norland Road development site where the visual line -of -sight exhibits indicated there would be some visibility of the Norland Road billboard. The hearing was held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. G. On January 7, 2014, the Planning Commission received City staff's presentation summar- zing the proposed Project, opened the public hearing, and received public testimony regarding the Project. Staff received comments and questions from the Planning Commis- sion regarding the Project. Following the discussion and comments, the public hearing was closed. The Commission reviewed three alternative Billboard Design Options (attached) and voted 3-1 to adopt a resolution recommending that the City Council amend its General Plan Land Use Map and Unified Development Code (UDC) Zoning Map, amend Titles 11 and 17 of the Municipal Code, approve the Development Agreement, ` and approve the Lease Agreement. The Planning Commission further recommended that the billboard design be consistent with Option 1 of the Billboard Design Options, modified to utilize more neutral colors that will blend into the background to the extent feasible, that the minimum spacing between digital billboards be increased from 1,000 feet to 2,500 feet, that the minimum spacing between static billboards be increased from 500 feet to 1,000 feet, and that the applicant continue to work with the billboard companies on the matter of compensation and work with small business owners to provide alternative advertising opportunities. H. The City Council a held duly -noticed public hearing on February 25, 2014, in accordance with the City's noticing requirements. The project was advertised in The Signal news- paper on February 4, 2014, and notices were mailed to all property owners within a 1,000 -foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1,700 feet from the proposed Norland Road development site where the visual line -of -sight exhibits indicated there would be some visibility of the Norland Road billboard. Additionally, Notice of Public Hearing signs were posted at each of the three proposed development sites in accordance with the City's public notice requirements. The hearing was held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. I. At the City Council meeting on February 25, 2014, the City Council received City staff's presentation summarizing the proposed Project, opened the public hearing, and received public testimony regarding the Project. Staff received comments and questions from the City Council regarding the Project. Following the discussion and comments, the public hearing was closed. The documents and other materials that constitute the record of proceedings upon which the decision of the City Council is based is the Master Case No. 13-184 project file. This 0 record is located in the Community Development Department, specifically in the custody of the Director of Community Development. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows: A. An Initial Study and Mitigated Negative Declaration for this project have been prepared in compliance with the California Environmental Quality Act (CEQA). B. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received have been considered. The draft Mitigated Negative Declaration was advertised on December 17, 2013, and posted on December 17, 2013, in accordance with CEQA. The public review period was open from December 17, 2013, through January 17, 2014. C. There is no substantial evidence that the project, as conditioned by the required mitigation measures, will have a significant effect on the environment. The Mitigated Negative Declaration reflects the independent judgment of the City of Santa Clarita. D. The documents and other materials that constitute the record of proceedings upon which the decision of the City Council is made is the Master Case No. 13-184 project file. This record is located within the Community Development Department and is in the custody of the Director of Community Development. E. The City Council, based upon the findings set forth above, hereby finds that the Mitigated Negative Declaration for this Project has been prepared in compliance with CEQA. SECTION 3. GENERAL FINDINGS FOR GENERAL PLAN AMENDMENT 13-003. Based on the above findings of fact and recitals and the entire record, including, without limit- ation, oral and written testimony and other evidence received at the public hearings, reports and other transmittals from City staff to the City Council, and upon studies and investigations made by the City Council, the City Council finds as follows: A. The proposal is consistent with the objective, policies, general land uses, and programs specified in the General Plan. The proposed Project is consistent with the following relevant General Plan policies: General Plan Policy LU 4.1.4: Promote economic opportunity for all segments of the community including small businesses and new businesses. The three proposed freeway -oriented digital billboard structures (six billboard faces) will provide advertising opportunities to a wide spectrum of both large and small businesses due to multiple "flips" within each time slot, as well as potential for differential adver- to tising rates during different hours throughout the day and different days of the week. The freeway -oriented locations will provide advertising exposure to a larger number of potential customers than the current METRO ROW locations due to substantially greater traffic volumes on both the I-5 and SR -14 freeways. General Plan Policy LU 6.3.5: Restrict the establishment of billboards within the planning area. General Plan Policy CO 6.6.3: Restrict establishment of billboards throughout the planning area, and continue abatement efforts to remove existing billboards that impact scenic views. The proposed Project is consistent with these policies because it will result in the overall net reduction of 59 billboards and the elimination of significant visual blight within the railroad corridor along Soledad Canyon Road, Bouquet Canyon Road, Sierra Highway, Railraod Avenue and Newhall Avenue, The Zone Amendment, which is a component of this Project, restricts the establishment of billboards because the only new billboards permitted would be those permitted pursuant to City Council approval of a Billboard Reduction and Relocation Agreement, which would require, at a minimum, an overall reduction in the number of existing billboards within the City. General Plan Policy CO 6.6.4: Where appropriate, require new development to be sensitive to scenic viewpoints or viewsheds through building design, site layout, and building heights. Each of the three proposed billboard sites have been carefully selected to maximize freeway visibility while minimizing potential for visual intrusion on existing residential neighborhoods as evidenced by the visual analysis prepared for each of the three sites, which is included in the environmental document. With regard to land use, the Magic Mountain and Remsen sites currently hold a land use designation of Business Park (BP). The Project includes an amendment to the City's General Plan for the Norland Road site which will also designate this site as Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park General Plan land use category, and therefore the project would be consistent with the General Plan as amended. Economic Development Element Page E-26: The Santa Clarita Valley is home to a variety of cultural and sports -related events, attracting large audiences from key regional and national markets. The goal of these events is to expose visitors to a memorable experience they cannot find elsewhere, while encouraging visitor spending at local businesses. The Development Agreement and Lease Agreement include provisions that allocate advertising time to the City, at no cost, on all six digital billboard faces for the purpose of promoting civic and community events. This extensive promotional opportunity will help to further the economic development goal as noted above. 4 B. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of the Unified Development Code. The Project contains a Zone Amendment which would amend the text of the Unified Development Code to include provisions which would authorize the City Council to enter into Billboard Reduction and Relocation Agreement under which new billboards, including digital billboards, may be constructed within a designated Billboard Relocation Overlay Zone along the I-5 and SR -14 freeways in exchange for the permanent removal and overall reduction in the number of existing billboards within the City. With regard to zoning, the Magic Mountain and Remsen sites are currently zoned Business Park. The Project includes a zone change for the Norland Road site which rezones this site from Open Space to Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park zone, and therefore comply with both the site zoning and the provisions of the Zoning Ordinance as amended. C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. The proposed digital billboards will comply with all relevant Federal Highway Admin- istration (FHWA) and California Department of Transportation (CALTRANS) traffic safety standards. Nothing in the development of the three billboard sites will be detrimental to the improvements, persons or property in the vicinity. The billboard removals will positively affect the improvements and property in the vicinity of the 62 billboard structure removals (118 billboard faces) by removing a significant visual blight from the railroad corridor along Soledad Canyon Road, Bouquet Canyon Road, Newhall Avenue, Sierra Highway, and Railroad Avenue. D. The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following: 1) The design, location, shape, size, and operating characteristics are suitable for the proposed use; 2) The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate; 3) Public protection services (e.g., Fire protection, Sheriff protection, etc.) are readily available; and 4) The provision of utilities (e.g., potable water, schools, solid waste collection and I2- disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site. The three proposed billboard sites are three small leasehold areas within larger City -owned properties. The proposed billboards are physically suitable for the selected sites because they are located immediately adjacent to the I-5 or SR -14 freeways, and have been located to minimize visual intrusion on residential neighborhoods. Each of the three sites has existing electrical service nearby. The three billboards will generate negligible traffic during construction and periodic maintenance, and have positive impact on public safety as the City is guaranteed usage of the three digital billboards for emergency messaging. Therefore, there is no impact to traffic, public protection services and the provision of utilities. SECTION 4. ADDITIONAL FINDINGS FOR GENERAL PLAN AMENDMENT 13-003. Based on the foregoing facts and findings for General Plan Amendment 13-003, the City Council hereby finds as follows: A. The proposed General Plan amendment meets all of the findings per Section 17.06.130. All findings per Section 17.06.130 have been met by this proposed Project and are described in this resolution in Section 3, (a) through (d). B. Properties which benefit from increased density or intensity of development resulting from the General Plan amendment shall fully mitigate their increased sewer impact at the time that development occurs on the properties. This Project consists of a Zone Amendment, General Plan Amendment, Zone Change, and a Development Agreement to allow for the removal of 62 billboards within the Metro right-of-way, and the construction of three new digital billboard structures (six billboard faces) on City -owned sites adjacent to the I-5 and SR -14 freeways. There are no aspects of the proposed project that will generate wastewater. C. The proposed General Plan Amendment is consistent with other elements (Land Use, Conservation and Open Space and Economic Development) of the City's General Plan, pursuant to Government Code Section 65300.5 as discussed in Section 3(a) of this resolution above. SECTION 5. The City Council hereby adopts the Mitigated Negative Declaration prepared for the Project, and approves General Plan Amendment 13-003, with Exhibit A (General Plan Amendment 13-003 Norland Site). 3 SECTION 6. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of 2014. MAYOR ATTEST: INTERIM CITY CLERK DATE: N STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Armind Chaparyan, Interim City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the _ day of 2014, by the following vote: AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: INTERIM CITY CLERK 15 Resolution - Exhibit A General Plan Amendment 13-003 Norland Site — To Business Park Land Use Category Is) 14r3,�cLGOWNn101Cs AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING ZONE AMENDMENT 13-005 AND ZONE CHANGE 13-007, AMENDING TITLES 11 AND 17 OF THE MUNICIPAL CODE AND THE ZONING MAP OF THE CITY OF SANTA CLARITA THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: A. The City has a history of actively addressing visual blight through Community Preser- vation activities, including graffiti abatement and implementation of a Sign Compliance Amortization Program, which concluded in 2010 after facilitating the voluntary removal of hundreds of non-compliant business signs. B. Sixty-two (62) off-site advertising structures (118 billboard faces) currently exist within the Los Angeles County Metropolitan Transportation Authority (METRO) right-of-way (ROW) within the City of Santa Clarita, constituting a significant visual blight for the residents of the City. METRO has proposed to remove or cause the removal of all 62 of the existing structures within their ROW. In consideration of the removal of the existing METRO billboards, the City and METRO have identified three City -owned sites adjacent to the Interstate 5 (I-5) and State Route 14 (SR -14) freeways as suitable for the develop- ment of three digital billboards, and the City has proposed to lease the sites to METRO subject to the terms and conditions of a Development Agreement for the Reduction and Relocation of Billboards and associated site Lease Agreement. C. On November 15, 2013, an entitlement application was filed by METRO which consists of Master Case 13-184, Zone Amendment 13-005, General Plan Amendment 13-003, Zone Change 13-007, and Development Agreement 13-002. D. As a component of this project, the City is adopting a Zone Amendment to the text of Titles 11 and 17 of the Municipal Code, which would create a Billboard Relocation Overlay Zone, and authorize the City Council to enter into Billboard Reduction and Relocation Agreement under which new billboards, including digital billboards, may be constructed in existing or new locations in exchange for the permanent removal of existing billboards. P E. The proposed Development Agreement and associated Lease Agreement provide for: (1) the staged removal of all 62 existing METRO outdoor advertising structures; (2) the development of three digital billboards on City -owned sites; (3) the management and operation of the digital billboards; and (4) the allocation of revenue derived from the digital billboards. (Collectively, the "Project") F. The Planning Commission held a duly -noticed public hearing on January 7, 2014, in accordance with the City's noticing requirements. The Project was advertised in The Signal newspaper on December 17, 2013, and notices were mailed to all property owners within a 1,000 -foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1,700 feet from the proposed Norland Road development site where the visual line -of -sight exhibits indicated there would be some visibility of the Norland Road billboard. The hearing was held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. G. On January 7, 2014, the Planning Commission received City staff's presentation sum- marzing the proposed Project, opened the public hearing, and received public testimony regarding the Project. Staff received comments and questions from the Planning Commission regarding the Project. The Commission reviewed three alternative Billboard Design Options (attached) and voted 3-1 to adopt a resolution recommending that the City Council amend its General Plan Land Use Map and Unified Development Code (UDC) Zoning Map, amend Titles 11 and 17 of the Municipal Code, approve the Development Agreement, and approve the Lease Agreement. The Planning Commission further recommended that the billboard design be consistent with Option 1, modified to utilize more neutral colors that will blend into the background to the extent feasible, that the minimum spacing between digital billboards be increased from 1,000 feet to 2,500 feet, that the minimum spacing between static billboards be increased from 500 feet to 1,000 feet, and that the applicant continue to work with the billboard companies on the matter of compensation and to work with small business owners to provide alternative advertising opportunities. Following the discussion and comments, the public hearing was closed. H. The City Council a held duly -noticed public hearing on February 25, 2014, in accordance with the City's noticing requirements. The project was advertised in The Signal news- paper on February 4, 2014, and notices were mailed to all property owners within 1000 -foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1700 feet from the proposed Norland Road development site where the visual line -of -sight exhibits indicated there would be some visibility of the Norland Road billboard. Additionally, Notice of Public Hearing signs were posted at each of the three proposed development sites in accordance with the City's public notice requirements. The hearing was held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. 2 �� I. At the City Council meeting on February 25, 2014, the City Council received City staff s presentation summarizing the proposed Project, opened the public hearing, and received public testimony regarding the Project. Staff received comments and questions from the City Council regarding the Project. Following the discussion and comments, the public hearing was closed. J. At the City Council meeting on February 25, 2014, the City Council adopted a resolution certifying the Mitigated Negative Declaration prepared for the Project (MC 13-184), and approved General Plan Amendment 13-003. K. The City Council conducted a first reading on February 25, 2014, of an ordinance approving Zone Amendment 13-005 and Zone Change 13-007, Amending Titles 11 and 17 of the Municipal Code and the Zoning Map, and passed the ordinance to a second reading on March 11, 2014. L. The documents and other materials that constitute the record of proceedings upon which the decision of the City Council is based is the Master Case No. 13-184 project file. This record is located in the Community Development Department; specifically in the custody of the Director of Community Development. SECTION 2. GENERAL FINDINGS FOR ZONE AMENDMENT 13-005 AND ZONE CHANGE 13-007. Based on the above findings of fact and recitals and the entire record, including, without limitation, oral and written testimony and other evidence received at the public hearings, reports and other transmittals from City staff to the City Council, and upon studies and investigations made by the City Council, the City Council finds as follows: A. The proposal is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. The proposed Project is consistent with the following relevant General Plan policies: General Plan Policy LU 4.1.4: Promote economic opportunity for all segments of the community including small businesses and new businesses. The three proposed freeway -oriented digital billboard structures (six billboard faces) will provide advertising opportunities to a wide spectrum of both large and small businesses due to multiple "flips" within each time slot, as well as potential for differential adver- tising rates during different hours throughout the day and different days of the week. The freeway -oriented locations will provide advertising exposure to a larger number of potential customers than the current METRO right-of-way locations due to substantially greater traffic volumes on both the I-5 and SR -14 freeways. I General Plan Policy LU 6.3.5: Restrict the establishment of billboards within the planning area. General Plan Policy CO 6.6.3: Restrict establishment of billboards throughout the planning area, and continue abatement efforts to remove existing billboards that impact scenic views. The proposed Project is consistent with these policies because it will result in the overall net reduction of 59 billboards, and the elimination of significant visual blight within the railroad corridor along Soledad Canyon Road, Bouquet Canyon Road, Sierra Highway, Railroad Avenue, and Newhall Avenue. The Zone Amendment, which is a component of this Project, restricts the establishment of billboards because the only new billboards permitted would be those permitted pursuant to City Council approval of a Billboard Reduction and Relocation Agreement, which would require, at a minimum, an overall reduction in the number of existing billboards within the City. General Plan Policy CO 6.6.4: Where appropriate, require new development to be sensitive to scenic viewpoints or viewsheds through building design, site layout, and building heights. Each of the three proposed billboard sites have been carefully selected to maximize freeway visibility while minimizing potential for visual intrusion on existing residential neighborhoods as evidenced by the visual analysis prepared for each of the three sites, which is included in the environmental document. With regard to land use, the Magic Mountain Parkway and Remsen Street sites currently hold a land use designation of Business Park (BP). The Project includes an amendment to the City's General Plan for the Norland Road site, which will also designate this site as Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park General Plan land use category, and therefore the Project would be consistent with the General Plan as amended. Economic Development Element Page E-26: The Santa Clarita Valley is home to a variety of cultural and sports -related events, attracting large audiences from key regional and national markets. The goal of these events is to expose visitors to a memorable experience they cannot find elsewhere, while encouraging visitor spending at local businesses. The Development Agreement and Lease Agreement include provisions that allocate advertising time to the City, at no cost, on all six digital billboard faces for the purpose of promoting civic and community events. This extensive promotional opportunity will help to further the economic development goal as noted above. 4 2D B. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of the Unified Development Code. The Project contains a Zone Amendment which would amend the text of the Unified Development Code to include provisions which would authorize the City Council to enter into Billboard Reduction and Relocation Agreements under which new billboards, including digital billboards, may be constructed within a designated Billboard Relocation Overlay Zone along the I-5 and SR -14 freeways in exchange for the permanent removal and overall reduction in the number of existing billboards within the City. With regard to zoning, the Magic Mountain Parkway and Remsen Street sites are currently zoned Business Park. The project includes a zone change for the Norland Road site which rezones this site from Open Space to Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park zone, and therefore comply with both the site zoning and the provisions of the Zoning Ordinance as amended. C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. The proposed digital billboards will comply with all relevant Federal Highway Administration (FHWA) and California Department of Transportation (CALTRANS) traffic safety standards. Nothing in the development of the three billboard sites will be detrimental to the improvements, persons or property in the vicinity. The billboard removals will positively affect the improvements and property in the vicinity of the 62 billboard structure removals (118 billboard faces) by removing a significant visual blight from the railroad corridor along Soledad Canyon Road, Bouquet Canyon Road, Newhall Avenue, Sierra Highway, and Railroad Avenue. D. The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following: 1) The design, location, shape, size, and operating characteristics are suitable for the proposed use; 2) The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate; 3) Public protection services (e.g., Fire protection, Sheriff protection, etc.) are readily available; and 4) The provision of utilities (e.g., potable water, schools, solid waste collection and 21 disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site. The three proposed billboard sites are three small leasehold areas within larger City- -owned properties. The proposed billboards are physically suitable for the selected sites because they are located immediately adjacent to the I-5 or SR -14 freeways, and have been located to minimize visual intrusion on residential neighborhoods. Each of the three sites has existing electrical service nearby. The three billboards will generate negligible traffic during construction and periodic maintenance, and have positive impact on public safety as the City is guaranteed usage of the three digital billboards for emergency messaging. Therefore, there is no impact to traffic, public protection services and the provision of utilities. SECTION 3. ADDITIONAL FINDINGS FOR ZONE AMENDMENT 13-005. Based on the foregoing facts and findings for Zone Amendment 13-005, the City Council hereby find as follows: A. The amendment is consistent with the adjacent area. B. The amendment is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. C. Approval of the amendment will be in the interest of public health, convenience, safety, and general welfare, and in conformity with good zoning practices. D. The amendment is consistent with other applicable provisions of this code. E. The amendment is necessary to implement the General Plan, and/or that the public convenience, the general welfare, or good zoning practices justify such action. The proposed Zone Amendment to the text of the Unified Development Code (UDC) would allow for construction of new billboards only subject to City Council approval of a Billboard Reduction and Relocation Agreement. Per the provisions of the Zone Amendment, new billboards could only be located within the Billboard Relocation Overlay Zone (i.e., within commercial, industrial and Business Park areas along I-5 and SR 14), and could not substantially impact adjacent properties; therefore any new billboards would be consistent with the adjacent area. The proposed Zone Amendment to the text of the UDC would also be consistent with and will implement General Plan principles and policies as discussed in Section 3(a) above. Finally, the proposed digital billboards will comply with all relevant Federal Highway Administration (FHWA) and California Department of Transportation (CALTRANS) standards for traffic safety. Additionally, the Lease Agreement guarantee City use of the signs for public safety and emergency purposes, and to promote civic and community events, thereby further promoting convenience, safety and general welfare. ZZ SECTION 4. ADDITIONAL FINDINGS FOR ZONE CHANGE 13-007. Based on the foregoing facts and findings for Zone Change 13-007, the City Council hereby find as follows: A. That modified conditions warrant a revision in the Zoning Map as it pertains to the area under consideration. Establishment of the Billboard Relocation Overlay Zone is necessary to reflect one of the locational criteria outlined in the Billboard Relocation Overlay Zone text amendment (Zone Amendment). In addition, the Zone Change will be modifying the Zoning Map for the Norland Road leasehold area site from the current Open Space designation to Business Park. The Business Park zone will allow the leasehold area to conform to State Outdoor Advertising Act criteria for locating billboards in the vicinity of a state highway. The Business Park zone is compatible with the adjacent freeway and is consistent with the Business Park zoning of the self -storage facility to the west of the Norland Road billboard site. B. That a need for the proposed zone classification exists within such area. Establishment of the Billboard Relocation Overlay Zone for the commercial and indus- trial areas along the I-5 and SR -14 freeways is necessary to reflect one of the locational criteria outlined in the Billboard Relocation Overlay Zone text amendment (Zone Amend- ment). In addition, the Project will be modifying the General Plan and Zoning Maps for the Norland Road leasehold to reflect a zoning that is appropriate for a digital billboard site adjacent to the freeway. Commercial or industrial zoning is a requirement for locating billboards in the vicinity of a state highway, per the State Outdoor Advertising Act. C. That the particular property under consideration is a proper location for said zone classification within such area: 1) That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practices. The Project will be modifying the General Plan and Zoning Maps to allow for billboard placement on the Norland Road leasehold site. Commercial or industrial zoning is a requirement for locating billboards in the vicinity of a state highway, per the State Outdoor Advertising Act. 2) That the proposed zone change is consistent with the adopted General Plan for the area, unless a General Plan amendment is filed concurrently and approved with said zone change. Depiction of the Billboard Relocation Overlay Zone for the commercial and industrial areas along the I-5 and SR -14 freeways is necessary to reflect one of the locational 23 criteria outlined in the Billboard Relocation Overlay Zone text amendment (Zone Amendment). The Project contains an amendment to the City's General Plan, and therefore the zone change to Business Park is consistent with the General Plan as amended. SECTION 5. The City Council approves Zone Amendment 13-005, the request to amend the text of Title 11 and Title 17 of the Municipal Code to establish an entitlement process and required development standards for Billboard Reduction and Relocation Agreement and establish a five year amortization period for all billboards erected prior to City adoption of its first revised sign ordinance (11-13-90). The complete text of the Zone Amendment is attached as Exhibit A. SECTION 6. The City Council approves Zone Change 13-007, the request to change the Zoning Map to re -designate the 3,488 square -foot leasehold area known as the Norland Road site shown on the Zone Change Map (Exhibit B), and to establish the Billboard Relocation Overlay Zone as shown on Billboard Relocation Overlay Map (Exhibit Q. SECTION 7. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any persons or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. This Ordinance will become effective thirty (30) days from its passage and adoption. SECTION 9. The City Clerk is directed to certify to the passage of this Ordinance and cause it to be published as required by law. 8 Zy PASSED, APPROVED, AND ADOPTED this _ day of 2014. ATTEST: INTERIM CITY CLERK DATE: vi MAYOR z5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Armind Chaparyan, Interim City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 14- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of 2014. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of , 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). INTERIM CITY CLERK 10 Z(o Ordinance for Zone Amendment / Zone Change - Exhibit A Zone Amendment 13-005 Amendments to Titles 11 and 17 of the Municipal Code 11.12.030 Signs or Billboards on Public Highways Prohibited. No person shall erect, construct, place or maintain any sign, including a billboard, in, over or on any public highway or other public right-of-way of the City except where approved pursuant to Sections or as otherwise approved by the City. (Ord. 89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13. Formerly 11. 12.040) '11 17.05.050 Elimination of Legal Nonconforming Uses and Structures. A. Any unscreened outdoor storage (illegal under the provisions of the Los Angeles County Code Title 22) shall be screened in compliance with the provisions of this code within one (1) year of the effective date of this code. B. With the exception of signage, uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but made legal nonconforming by this code shall be allowed to continue and/or remain. Legal nonconforming signage shall be eliminated as follows: Signs as prohibited by Section 17.51.080(U) (Sign Regulations (Private Property)), thirty (30) days. 2. In the case of outdoor advertising signs or structures (i.e., billboards and other off-site signs) in residential zones, and notwithstanding any contrary provision of this title, such signs and structures shall be discontinued and removed pursuant to and as allowed by California Business and Professions Code Sections 5412.1 and 5412.2 as follows: Fair Market Value on Date of Notice of Removal Requirement Years Allowed to Remain Under $1,999 2 $2,000 to $3,999 3 $4,000 to $5,999 4 $6,000 to $7,999 5 $8,000 to $9,999 6 $10,000 and over 7 The amounts provided in this section shall be adjusted each January 1 st from and after January I, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. 3. In the case of outdoor advertising signs or structures (i.e., billboards and other off-site signs) in non-residential zones lawfully erected prior to November 13 1990 except where approved pursuant to Sections 17 26 100 (Billboard Reduction and Relocation Agreement) or 17 28 100 (Development Agreements) such signs and structures shall be discontinued and removed within five (5) years of the effective date of this subsection (which is XX -XX -2014) pursuant to and as allowed by California Business and Professions Code Section 5412 4. All other signs and sign structures, nine (9) years from November 13, 1990. (Ord. 13-8 § 4 (Exh. A), 6/11/13) Mi Chapter 17.26 CLASS V APPLICATIONS—DISCRETIONARY Sections: 17.26.010 Purpose. 17.26.020 Applicability. 17.26.030 Review Authority and Related Procedures. 17.26.040 Application Filing, Fees, and Project Review. 17.26.050 Project Notice and Required Actions. 17.26.060 Public Hearing. 17.26.070 Post -Decision Procedures. 17.26.100 Billboard Reduction and Relocation Agreement. 17.26.110 General Plan Amendments. 17.26.120 Master Plans. 17.26.130 Ridgeline Alteration Permit. 17.26.100 Billboard Reduction and Relocation Agreement. Subsections: A. Purpose. B. Application Filing Fees and Project Review. C. Project Notice and Required Actions D. Commission and Council Actions E. Findings. F. Procedure and Review. A. Purpose. This section establishes procedures for the discretionary consideration of the removal and relocation of ore -existing legally established billboards to new and different locations, and to enable the substitution of billboards meeting more current standards while achieving an overall reduction in the number of billboards throughout the city in accordance with the state policy set forth in and local discretion authorized by Business and Professions Code section 5412 For purposes of this section relocation includes the removal of ore -existing, legally established billboards and the construction of new replacement billboards or alteration and upgrade of existing billboards in the same location, subject to compliance with the requirements of this section B. Application Filing Fees and Proiect Review. Applications for a billboard reduction and relocation agreement shall be in compliance with Chanter 17.26 (Class V Applications – Discretionary). 2� C. Proiect Notice and Required Actions The notice of the public hearing shall be in compliance with Section 17 06 110 (Type II Public Noticing (Public Hearing)) D. Commission and Council Actions 1. Commission Recommendation. A recommendation by the Commission relative to a billboard reduction and relocation agreement shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of an agreement the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council per Chapter 17.07 (Appeals or Certification of Review) 2. Notice of Commission Action The Commission shall serve a notice of its action in the manner prescribed by Section 17 06 160 (Notice of Action and Findings) 3. Public Hearing by Council After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall Rive notice of such public hearing pursuant to the procedure set forth in Section 17 06 110 (Tyne II Public Noticing (Public Hearin): 4. Council Action on Commission Recommendations. The Council may approve, modify or reiect the recommendation of the Commission involving a billboard reduction and relocation agreement provided that any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing 5. Public Hearing by Council—Notice of Action Taken The Council shall serve a notice of its action in the manner prescribed by Section 17 06 160 (Notice of Action and Findings) E. Findinrs. The review authority may approve an application only after the applicant substantiates all of the findings per Section 17 06 130 (Findings and Decision) in addition to the following: 1 The nronosed billboard reduction and relocation agreement complies with City zoning, subdivision, and other applicable ordinances and regulations; 2. The relocated signage complies with the applicable requirements of this section Section 17.38.005 (BR — Billboard Relocation Overlay Zone) and Section 17.51.080 (Sign Regulations (Private Property))' and 3. The agreement results in a. A net reduction in the total number of legally established billboards in the ci1y, and DD b. A net reduction in the total square footage of sin area of legally established billboards in the city. The required billboard reduction ratio shall be as specified in the billboard reduction and relocation agreement F. Procedure and Review. I. Expiration. A billboard reduction and relocation agreement shall expire on the date designated by the Council in the agreement 2. Renewal. An approved billboard reduction and relocation agreement may be renewed for a period approved by the City Council with notice and public hearing, if the Council determines that findings made and conditions imposed on the original approval still apply. The renewal period if approved shall specify the new expiration date of the agreement Application for renewal shall be made in writing at least 180 days prior to lapse of the original approval 3. Amendments. A billboard reduction and relocation agreement may be amended in the same manner as Provided for adoption of a billboard reduction and relocation agreement by this section or as otherwise provided in the agreement 4. Review. All approved billboard reduction and relocation agreements may be oenodically reviewed by the Director Commission or other body designated by the Council, for compliance with the features of the plan and conditions of approval. at time intervals identified by the Director. The review may take place at a noticed public hearing as provided with Section 17 06 110 (Twe II Public Noticing Public Hearin)). The owner shall be notified in writing of the reviewing body's determination If the reviewing body finds noncompliance with the plan or the conditions of approval it may direct the Director to withhold building and other permits for any billboards covered by the agreement until compliance is achieved and/or direct the Director to schedule a public hearing_ before the Council for revocation of the billboard reduction and relocation agreement. Such hearing shall be noticed as required with Section 17 06 110 (Type II Public Noticing (Public Hearing)) 17.28.100 Development Agreements. Subsections: A. Purpose and Interpreting Provisions, B. Application Filing, Fees, and Project Review. C. Content of Development Agreement. D. Commission and Council Actions. E. Findings. F. Execution and Recordation. G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations. H. Enforcement. I. Amendment and Cancellation of Development Agreements. J. Periodic Review. K. Violation of Agreement—Commission Review. L. Violation of Agreement—Council Review. A. Purpose and Interpreting Provisions. The purpose of this section is to provide procedures, requirements for consideration of development agreements, implementing, amending, and enforcing development agreements. Intent of Agreement. a. A development agreement is a contract between the City and an applicant for a development project, in compliance with Chapter 4, Article 2.5 (Development Agreements) in Title 7, Division 1 (Planning and Land Use) of the State Government Code. It is intended to assure to an applicant that an approved project may proceed, subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City zoning and various other policies, rules, and regulations after project approval as included within this section. In return, the City would be provided with significant, tangible benefits above and beyond those that may be required by the City through normal review procedures and project conditions of approval that would otherwise apply. b. A development agreement may also be utilized to establish procedures for the discretionary consideration of the removal and relocation of pre-existing legally established billboards to new and different locations and the substitution of billboards meeting more current standards while achieving an overall reduction in the number of billboards throughout the city in accordance with the state policy set forth in and local discretion authorized by Business and Professions Code section 5412. For purposes of this section relocation includes the removal of pre existing, legally established billboards and the construction of new replacement billboards or alteration and upgrade of existing billboards in the same location subiect to compliance with the requirements of this section. 2— 2. Interpreting Provisions. a. In interpreting the provisions of any development agreement entered into compliance with this section, those provisions shall be read to be consistent with the language of this section, and Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code, and the agreement itself. b. Should any apparent discrepancies between the meanings of these documents arise, reference shall be made to the following documents, and in the following order: i. The plain terms of the development agreement itself, ii. The provisions of this section; and iii. The provisions of Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code. B. Application Filing, Fees, and Project Review Applications for a development agreement shall be in compliance with this chapter. C. Content of Development Agreement. 1. Mandatory Contents. A development agreement shall contain the applicable provisions in compliance with the State Government Code including: a. The duration of the agreement, including a specified termination date; b. The uses to be permitted on the property; c. The density or intensity of use permitted; d. The minimum and/or maximum height, size and location of buildings and/or structures permitted; e. The reservation or dedication of land for public purposes to be accomplished, if any; and f The time schedule established for periodic review as required by subsection (J) of this section (Periodic Review). Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision or other ordinances, laws, or regulations applicable to the proposed development. 35 2. Permissive Contents. A development agreement may contain the applicable provisions in compliance with State Government Code including: a. The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods; b. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood -control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities; c. The prohibition of one (1) or more uses normally listed as a use subject to application in the underlying zone where placed; d. The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur; e. The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement; f. The requirements of specified design criteria for the exteriors of buildings and other structures, including, but limited to, the permitted uses of the property, the density and/or intensity of the use, the maximum height and size of proposed structures, signs, any land dedications, and reservations: g. The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities, including vehicular and pedestrian ingress and egress; h. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and i. The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. D. Commission and Council Actions. 1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a development agreement shall be by resolution carried by the affirmative vote to the 'Ey Council. If the Commission has recommended against the approval of a development agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a development agreement, provided any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). E. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: The proposed development agreement complies with City zoning, subdivision, and other applicable ordinances and regulations; 2. That the proposed development agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit; Any development agreement that contains a subdivision shall comply with the provisions of Government Code Section 66473.7; 4. The following additional findings are required for a development agreement for the reduction and relocation of billboards: a. The relocated signage complies with the applicable requirements of this section Section 17.38.005 (BR — Billboard Relocation Overlay Zone) and Section 17.51.080 (Sign Regulations (Private Property)) b. The agreement results in: M i. A net reduction in the total number of legally established billboards in the cit • and ii. A net reduction in the total square footage of sign area of legally established billboards in the city. The required billboard reduction ratio shall be as specified in the development agreement. F. Execution and Recordation. I. Adopted by Ordinance. a. Approval by the Council of a development agreement shall be by ordinance. b. The ordinance shall not be adopted and the Mayor or Mayor's designee shall not execute a development agreement until it has been executed by the applicant. C. If the applicant has not executed the agreement, or the agreement as modified by the Council, and returned the executed agreement to the City Clerk within thirty (30) days following Council approval, the approval shall be deemed withdrawn, and the Mayor or designee shall not execute the agreement. The thirty (30) day time period may be extended upon approval of the Council. 2. Ordinance Becomes Effective. The City shall not execute a development agreement until on, or after, the date upon which the ordinance approving the agreement becomes effective. 3. Recordation of Agreement. A development agreement shall be recorded by the City Clerk with the Registrar-Recorder/County Clerk no later than ten (10) days after it is executed in compliance with Section 65868.5 of the State Government Code. 4. Development agreements approved by the Council shall be on file with the City Clerk G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations. In the event that special district, County, State, or Federal laws, mandates, or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one (1) or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply with the subsequently enacted special district, County, State, or Federal laws, mandates, or regulations. Unless modified by the development agreement, all structures shall be constructed using the building, plumbing, mechanical, electrical, and fire codes in effect at the time of building permit issuance. H. Enforcement. �� Responsibility for Enforcement. Unless and until amended or canceled in whole or in part in compliance with subsection (1) of this section (Amendment and Cancellation of Development Agreements), a development agreement shall be enforceable by any party to the agreement notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in subsection (G) of this section (Subsequently Enacted Special District, County, State and Federal Laws or Regulations). 2. Burden of the Agreement. The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor(s)-in-interest to the parties to the agreement. I. Amendment and Cancellation of Development Agreements, 1. Proposed Amendment or Cancellation. A development agreement may be amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successor(s)-in-interest. 2. Initiation of Amendment or Cancellation. Either party to the agreement may propose and initiate an amendment to or cancellation of a development agreement. 3. Amendment and Cancellation Procedures. The procedures and notice requirements for amendment or cancellation of a development agreement are the same as the procedures for entering into an agreement in compliance with this section except as otherwise set forth in the development agreement and permitted by the Government Code. 4. City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least thirty (30) days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.06 (Common Procedures). Periodic Review. 1. Basic Requirements for Periodic Review. Every development agreement entered into by the Council shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than twelve (12) months. 2. Procedure for Periodic Review. a. Purpose of Periodic Review. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement: i. The Director shall determine on the basis of substantial evidence that the applicant or the successor(s)-in-interest has or has not complied with the agreement; ii. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant by the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than thirty (30) calendar days, may result in legal action to enforce compliance, termination, or modification of the agreement; iii. It is the duty of the applicant or the successor(s)-in-interest to provide evidence of good -faith compliance with the agreement to the Director's satisfaction at the time of the review; iv. Refusal by the applicant or the successor(s)-in-interest to provide the required information shall be deemed prima facie evidence of violation of the development agreement; v. If, at the end of the time period established by the Director, the applicant or the successor(s)-in-interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating compliance, the Director shall notify the Commission of the findings recommending the action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement; vi. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider an applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of the hearing shall be the same as provided in this section for initiation and consideration of a development agreement; and vii. If, as a result of the hearing, the Commission finds that the applicant or the successor(s)-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending action as it deems appropriate. b. Council Actions Following Periodic Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions: i. Approve the recommendation of the Commission instructing that action be taken as indicated in cases other than a recommendation to terminate or modify an agreement; ii. Refer the matter back to the Commission for further proceedings with or without instructions; or iii. Schedule the matter for public hearing before the Council where termination or modification of an agreement is recommended. Procedures for conduct of the public hearing shall be the same as provided in this section for initiation and consideration of a development agreement. K. Violation ofAgreement—Commission Review. 1. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided herein for initiation and consideration of a development agreement. 2. If, as a result of such hearing, the Commission finds that the applicant or the successor - in -interest is in violation of a development agreement, it shall notify the Council of its findings, recommending such action as it deems appropriate. L. Violation of Agreement—Council Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions: Approve the recommendation of the Commission, instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement; or 2. Refer the matter back to the Commission for further proceedings with or without instructions: or 3. Schedule the matter for Council hearing where termination or modification of an agreement is recommended. Procedures for such hearing shall be as provided in Section 17.06.110 (Type II Public Noticing (Public Hearing)). (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13) -341 17.38.005 BR --Billboard Relocation Overlay Zone A. Purpose. The billboard relocation (BR) overlay zone authorizes and establishes procedures for the removal and relocation of pre-existing legally established billboards to new locations, and the substitution of billboard sign faces and structures meeting more current standards, while achieving an overall reduction in the number of billboards throughout the city. For purposes of this section, relocation includes the removal of pre- existing, legally established billboards and the construction of new replacement billboards or alteration and upgrade of existing billboards in the same location subiect to compliance with the requirements of this section. B. Applicability. The billboard relocation (BR) overlay zone applies only to commercial or industrial zoned property within 300 feet from the centerline along Interstate 5 and State Route 14 aseg nerally identified on the adopted zoning map on file in the Planning Division. C Permitted Uses All uses shall be subject to the requirements of the underlying zone with the exception of off-site signs. Off-site signs (i.e., billboards) are a permitted use subject to the approval of a billboard reduction and relocation agreement or development agreement for the reduction and relocation of billboards in compliance with this section D. Development Standards. All billboards and related facilities and structures approved or permitted pursuant to a billboard reduction and relocation agreement or development agreement must comply with the following requirements: 1. Applicable Standards. All applicable development standards of the underlying zone apply unless modified by subsections 2-8 below. 2. Sign Area. An individual billboard may have either one or two faces and may not exceed 700 square feet per face. 3. Separation. Except as prohibited by the California Outdoor Advertising Act a billboard may be located at, or greater than, 1000 feet from another billboard on the same side of the freeway or highway. This separation requirement is a minimum and additional distance between billboards may be required under the applicable billboard reduction and relocation agreement or development agreement. 4. Location. Billboards must be located within the billboard relocation (BR) overlay zone. 5. Height. The bottom of any horizontal structure of a billboard must be a minimum of eight feet in height above the highest adjacent grade. The maximum permitted height of a billboard, measured from the lowest adjacent grade to the top of the sign structure. is 65 feet. This standard is the maximum height permitted and a W reduced height may be required under the terms of the approved billboard reduction and relocation agreement or development agreement 6. Collocation of Wireless Telecommunications Facilities Notwithstanding any of the provisions of Section 17.45.010 to the contrary, wireless telecommunications facilities may be collocated with a relocated billboard structure in any zone upon approval of a Minor Use Permit subiect to the following development standards: a. Antenna arrays must be placed on the interior of the billboard structure within the interior of the t3ost, or between the outer s4m faces b. Antenna arrays may not protrude above or below the sign faces; and C. Collocated wireless telecommunications facilities must conform with the development standards listed in Section 17.69.030 of this Code. 7. Digital Billboards. The Council may approve a billboard reduction and relocation agreement or development agreement that authorizes the construction and use of digital billboards subject to the following additional provisions: a. Brightness. Di itag 1display faces must have a maximum brightness not to exceed 0.3 foot candles above ambient lighting from a distance of 250 feet for both the daytime and nighttime condition. Brightness may not exceed 500 nits (candela per square meter) from sunset to sunrise At all other times, brightness may not exceed 7500 nits. b. Duration of Images. A digital billboard may display only a series of still images each of which is displayed for at least eight seconds The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. C. Separation. No digital billboard may be placed within 2500 feet of another digital billboard on the same side of the freewav or highway. This separation requirement is a minimum and additional distance between digital billboards may be required under the applicable billboard reduction and relocation agreement or develo ment agreement. 8. In addition to complving with the other requirements set forth in this section and any other applicable provisions of Section 17.51.080 any relocated billboard within 660 feet of a state highway must also comply with the requirements of the California Outdoor Advertising Act ( Chapter 2 of Division 3 of the California Business and Professions Code beginning at Section 5400)including but not limited to, the restrictions on size height proximity to interstate and primary highways and landscaped freeways. To the extent any conflict arises between this section and the Outdoor Advertising Act. the Outdoor Advertising Act will prevail. H 17.51.080 Sign Regulations (Private Property) M. Off -Site Signs. Notwithstanding any other provision of this section or code and except as permitted under Sections 17.26.100 (Billboard Reduction and Relocation Agreement) or 17 28 100 (Develonment Agreements), any off-site sign, (including any billboard) that was lawfully erected prior to November 13 1990 may be maintained and repaired in accordance with the applicable regulations of this section as a legal nonconforming use; provided, however, that such legal nonconforming use may not be expanded and must ultimately be eliminated in accordance with Section 17.05.050 (Elimination of Legal Nonconforming Uses and Structures) U. Prohibited Signs. The following signs shall be prohibited in all zones: I. Signs which contain or utilize any of the following: a. Any exposed incandescent lamp with a rated wattage in excess of forty (40) watts; b. Any exposed incandescent lamp with an external metallic reflector; c. Any revolving beacon light; d. Any continuous or sequential flashing operation. 2. Revolving signs. 3. Signs advertising or displaying any unlawful act, business or purpose. 4. Signs emitting audible sounds, odors or particulate matter. 5. Any strings of pennants, or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons and similar attention -getting devices, with the exception of any national, State, local governmental, institutional or corporate flags, properly displayed per subsection (P)(7) of this section (Corporate Flags). 6. Devices projecting or otherwise reproducing the image of a sign or message on any surface or object. 7. Portable signs (including A -frame signs). Portable real estate signs may be permitted. 8. Temporary signs, except as otherwise specifically permitted by this section. 9. Roof signs, unless deemed historic under Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation). 10. Painted signs, except if deemed historic per Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation). L�Z 11. Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign. 12. Off-site signs, except as provided in subsections (M) (Off -Site Signs), (P)(9) (Freeway Commercial Center Signs), and (Q)(4) (Subdivision Directional Signs) of this section or as provided in Sections 17.26. 100 (Billboard Reduction and Relocation Agreement) and 17.28. 100 (Development Agreements). 13. Commercial hand-held signs located upon property in all zones. 14. Mobile signs. I5 J Ordinance for Zone Amendment / Zone Change - Exhibit B Zone Change 13-007 Norland Site—To Business Park (BP) Zone Ordinance for Zone Amendment / Zone Change — Exhibit C Zone Change 13-007 Billboard Relocation Overlay Zone �'S&�a(. i s"And ew-w LprW ®� oti s..mry �— ORDINANCE NO. 14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADOPTING A DEVELOPMENT AGREEMENT WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) FOR THE REMOVAL OF 62 OFF-SITE ADVERTISING STRUCTURES, AND CONSTRUCTION AND OPERATION OF THREE DIGITAL BILLBOARDS ADJACENT TO THE INTERSTATE 5 AND STATE ROUTE 14 FREEWAYS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: A. To strengthen the public planning process, encourage private participation in comprehen- sive planning and reduce the economic risk of development, the Legislature of the State of California enacted Government Code section 65864 (the "Development Agreement Law"), which authorizes the City of Santa Clarita (City) to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. B. The Los Angeles County Metropolitan Transportation Authority (METRO) has filed an application with the City for the construction and operation of three digital billboards on City -owned sites, and the removal of all 62 of the existing off-site structures within the METRO right-of-way (ROW). In consideration of the removal of the existing METRO Billboards, the City and METRO have identified three City -owned sites adjacent to the Interstate 5 (I-5) and State Route 14 (SR -14) freeways as suitable for the development of three digital billboards. The City has proposed to lease the sites to METRO subject to the terms and conditions of a Development Agreement for the Reduction and Relocation of Billboards and associated site Lease Agreement, pursuant to the Development Agreement Law. C. A Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act (CEQA) requirements. D. The City and METRO have prepared a Development Agreement, which is attached as Exhibit A. The proposed Development Agreement and associated Lease Agreement provide for: (1) staged removal of all 62 existing outdoor advertising structures on the METRO ROW; (2) the development of three digital billboards on the City -owned sites; (3) the management and operation of the digital billboards; (4) the allocation of revenue derived from the digital billboards (collectively, the "Project'). E. On January 7, 2014, the Planning Commission received City staff s presentation summarizing the proposed Project, opened the public hearing, and received public W testimony regarding the Project. Staff received comments and questions from the Planning Commission regarding the Project. The Commission reviewed three alternative Billboard Design Options (attached) and voted 3-1 to adopt a resolution recommending that the City Council amend its General Plan Land Use Map and Unified Development Code (UDC) Zoning Map, amend Titles 11 and 17 of the Municipal Code, approve the Development Agreement, and approve the Lease Agreement. The Planning Commission further recommended that the billboard design be consistent with Option 1, modified to utilize more neutral colors that will blend into the background to the extent feasible, that the minimum spacing between digital billboards be increased from 1,000 feet to 2,500 feet, that the minimum spacing between static billboards be increased from 500 feet to 1,000 feet, that the applicant continue to work with the billboard companies on the matter of compensation and to work with small business owners to provide alternative advertising opportunities. Following the discussion and comments, the public hearing was closed. F. The City Council conducted a duly noticed public hearing on February 25, 2014. The Project was advertised in The Signal newspaper on February 4, 2014, and notices were mailed to all property owners within a 1,000 -foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1,700 feet from the proposed Norland Road development site in areas where the visual line -of -sight exhibits indicated there would be some visibility of the Norland Road billboard. Additionally, Notice of Public Hearing signs were posted at each of the three proposed development sites in accordance with the City's public notice requirements. The hearing was held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. All interested parties were given full opportunity to be heard and to present evidence regarding the Mitigated Negative Declaration and the Project -related approvals and entitlements, including the Development Agreement. G. At the City Council meeting on February 25, 2014, the City Council received City staffs presentation summarizing the proposed Project, opened the public hearing, and received public testimony regarding the Project. Staff received comments and questions from the City Council regarding the Project, and the public hearing was closed. H. The Mitigated Negative Declaration was adopted by City Council resolution and incorporated by reference. I. On February 25, 2014, the City Council has adopted a resolution which approved an amendment to the General Plan necessary to make the Project consistent with the General Plan (GPA 13-003). On February 25, 2014, the City Council conducted a fust reading of an ordinance approving a Zone Change and Zoning Amendment to the text of Titles 11 and 17 of the Municipal Code in furtherance of the Project (ZC 13-007 and ZA 13-003), and passed the ordinance to a second reading on March 11, 2014. I K. On February 25, 2014, the City Council conducted a first reading of an ordinance adopting a Development Agreement with METRO for the removal of 62 off-site advertising structures, and the construction and operation of three digital billboards adjacent to the I-5 and SR -14 freeways, and passed the ordinance to a second reading on March 11, 2014. L. The documents and other materials that constitute the record of proceedings upon which the decision of the City Council is based for Master Case No. 13-184 project file. This record is with the Community Development Department, specifically in the custody of the Director of Community Development. SECTION 2. GENERAL FINDINGS FOR DEVELOPMENT AGREEMENT 13-002. Based on the above findings of fact and recitals and the entire record, including, without limitation, oral and written testimony and other evidence received at the public hearings, reports and other transmittals from City staff to the City Council, and upon studies and investigations made by the City Council, the City Council finds as follows: A. The proposed Project is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. The proposed Project is consistent with the following relevant General Plan policies: General Plan Policy LU 4.1.4: Promote economic opportunity for all segments of the community including small businesses and new businesses. The three proposed freeway -oriented digital billboard structures (six billboard faces) will provide advertising opportunities to a wide spectrum of both large and small businesses due to multiple "flips" within each time slot, as well as potential for differential advertising rates during different hours throughout the day and different days of the week. The freeway -oriented locations will provide advertising exposure to a larger number of potential customers than the current METRO ROW locations due to substantially greater traffic volumes on both the I-5 and SR -14 freeways. General Plan Policy LU 6.3.5: Restrict the establishment of billboards within the planning area. General Plan Policy CO 6.6.3: Restrict establishment of billboards throughout the planning area, and continue abatement efforts to remove existing billboards that impact scenic views. The proposed Project is consistent with these policies because it will result in the overall net reduction of 59 billboards and the elimination of significant visual blight within the railroad corridor along Newhall Avenue, Sierra Highway, Railroad Avenue, Bouquet Canyon Road, and Soledad Canyon Road. The Zone Amendment, which is a related component of this Project, restricts the establishment of new billboards because the only new billboards permitted would be those authorized pursuant to City Council approval of a Billboard Reduction and Relocation Agreement, which approval would require, at a minimum, an overall reduction in the number of existing billboards within the City. 4 General Plan Policy CO 6.6.4 Where appropriate, require new development to be sensitive to scenic viewpoints or viewsheds through building design, site layout, and building heights. Each of the three proposed billboard sites have been carefully selected to maximize freeway visibility while minimizing potential for visual intrusion on existing residential neighborhoods as evidenced by the visual analysis prepared for each of the three sites, which is included in the environmental document. With regard to land use, the Magic Mountain Parkway and Remsen Street sites currently hold a land use designation of Business Park (BP). The Project includes an amendment to the City's General Plan for the Norland Road site which will also designate this site as Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park General Plan land use category, and therefore the Project would be consistent with the General Plan as amended. Economic Development Element Page E-26: The Santa Clarita Valley is home to a variety of cultural and sports -related events, attracting large audiences from key regional and national markets. The goal of these events is to expose visitors to a memorable experience they cannot find elsewhere, while encouraging visitor spending at local businesses. The Development Agreement and Lease Agreement include provisions that allocate advertising time to the City at no cost on all six digital billboard faces, for the purpose of promoting civic and community events. This extensive promotional opportunity will help to further the economic development goal as noted above. B. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of the Unified Development Code. The Project contains a Zone Amendment which would amend the text of the Unified Development Code to include provisions that would authorize the City Council to enter into Billboard Reduction and Relocation Agreements under which new billboards, including digital billboards, may be constructed within a designated Billboard Relocation Overlay Zone along the I-5 and SR -14 freeways in exchange for the permanent removal and overall reduction in the number of existing billboards. With regard to zoning, the Magic Mountain Parkway and Remsen Street sites are currently zoned Business Park. The Project includes a Zone Change for the Norland Road site that rezones this site from Open Space to Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park zone, and therefore comply with both the site zoning and the provisions of the Zoning Ordinance as amended. 4 Ij C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. The proposed digital billboards will comply with all relevant Federal Highway Administration (FHWA) and California Department of Transportation (CALTRANS) traffic safety standards. Nothing in the development of the three billboard sites will be detrimental to the improvements, persons or property in the vicinity. The billboard removals will positively affect the improvements and property in the vicinity of the 62 billboard structures to be removed (118 billboard faces) by eliminating a significant visual blight from the railroad corridor along Newhall Avenue, Sierra Highway, Railroad Avenue, Bouquet Canyon Road, and Soledad Canyon Road. D. The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following: 1) The design, location, shape, size, and operating characteristics are suitable for the proposed use; 2) The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate; 3) Public protection services (e.g., Fire protection, Sheriff protection, etc.) are readily available; and 4) The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site. The three proposed billboard sites are three small leasehold areas within larger City - owned properties. The proposed billboards are physically suitable for the selected sites because they are located immediately adjacent to the I-5 or SR -14 freeways, and have been located to minimize visual intrusion on residential neighborhoods. Each of the three sites have existing electrical service nearby. The three billboards will generate negligible traffic during construction and periodic maintenance, and will have positive impact on public safety as the City is guaranteed usage of the three digital billboards for emergency messaging. Therefore, there is no impact to traffic, public protection services and the provision of utilities. SECTION 3. ADDITIONAL FINDINGS FOR DEVELOPMENT AGREEMENT 13-002. Based on the foregoing facts and findings for Development Agreement 13-002, the City Council finds as follows: 5D A. The proposed Development Agreement is consistent with and furthers the goals of State Planning and Zoning Laws (California Government Code Sections 65000) and complies with City zoning, subdivision, and other applicable ordinances and regulations, and is consistent with good planning and land use practices. The proposed Project includes a Zone Amendment to the text of the Unified Development Code and Title 11 of the Municipal Code that will allow the City Council to approve Billboard Reduction and Relocation Agreements. Upon approval of this Zone Amendment, the proposed Project will fully comply with all applicable ordinances and regulations. The Project is consistent with good planning and land use practices because a substantial aesthetic benefit will result from the removal of 62 billboard structures, and the three new digital billboards have been attractively designed and appropriately located to ensure that existing residential communities are not adversely impacted. B. That the proposed Development Agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit. The proposed Development Agreement provides the following substantial public benefits to the City: 1) Abatement of substantial visual blight through the phased removal of all 62 offsite advertising structures (118 billboard faces) within the METRO ROW; 2) Advertising opportunities for civic and community events at no cost to the City; 3) Emergency messaging for disaster communications and Amber Alerts at no cost to the City; 4) An advertising medium that can be utilized by local businesses; and 5) An ongoing revenue stream from leasehold rents that could be utilized to achieve additional billboard removals beyond the METRO ROW at the discretion of the City Council. The terms of the Development Agreement mandate that all of these benefits be delivered expeditiously within the five-year term of the Development Agreement. SECTION 4. APPROVAL OF DEVELOPMENT AGREEMENT. Based on the findings made in Sections 1-3 above, the City Council hereby approves Development Agreement 13-002, amended to incorporate billboard Design Option 1 with color modified to blend into the background of each site, which is attached as Exhibit A, and authorizes the Mayor to execute the Development Agreement on behalf of the City. 51 SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any persons or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each any every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. RECORDATION. Pursuant to California Code Section 65868.5, the City will cause the Development Agreement to be recorded with the County Recorder of the County of Los Angeles within ten days after the Agreement is executed on behalf of the City and the Developer. SECTION 7. This Ordinance will become effective thirty (30) days from its passage and adoption. SECTION 8. The City Clerk is directed to certify to the passage of this Ordinance and cause it to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of 2014. UE M ATTEST: INTERIM CITY CLERK DATE: 5Z STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Armind Chaparyan, Interim City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 14- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of. 2014. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). INTERIM CITY CLERK 53 Ordinance for Development Agreement — Exhibit A Development Agreement 13-002 Development Agreement (includes Lease Agreement) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DEVELOPMENT AGREEMENT FOR THE REDUCTION AND RELOCATION OF BILLBOARDS by and among THE CITY OF SANTA CLARITA and THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY 2014 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. 100001886. DOC / 51 LA #4838-8374-0530 vl I 5H DEVELOPMENT AGREEMENT FOR THE REDUCTION AND RELOCATION OF BILLBOARDS This Development Agreement for the Reduction and Relocation of Billboards ("Agreement") is effective this day of , 2014, by and between the CITY OF SANTA CLARITA, a California municipal corporation ("City") and THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, a California public entity doing business at One Gateway Plaza, Mail Stop 99-18-4, Los Angeles, CA 90012-2952 ("Metro"), pursuant to California Government Code Section 65864 et seq., and the implementing procedures of the City, with respect to the following: 1. DEFINITIONS. For all purposes of this Agreement, except as otherwise expressly provided or unless the context requires: ` 1.1 "Agreement" means this Agreement and all attachments and exhibits hereto, and all amendments and modifications thereto. 1.2 "Applicable Rules" means the rules, regulations, ordinances and officially adopted policies of the City in full force and effect as of the Effective Date of this Agreement, including, but not limited to the City's General Plan, zoning code, as amended immediately prior to the Effective Date of this Agreement, and the Project Approvals. Additionally, notwithstanding the language of this Section or any other language in this Agreement, all specifications, standards and policies regarding the design and construction of the Project will be those that are in effect at the time the Project plans are being processed for approval and/or under construction. 1.3 "Assignment Agreement" means a written agreement between Metro and a Transferee of Metro, consistent with the terms of this Agreement, in which the Parties agree to the transfer of a portion of the rights and obligations of this Agreement from Metro to the Transferee of Metro, subject to the terms of Section 6.8. 1.4 "CEQA" means the California Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.). 1.5 "CEQA Compliance Document" means the compliance document prepared and certified by the City for the Project in accordance with the requirements of CEQA. 1.6 "City" means the City of Santa Clarita, a California municipal corporation. 1.7 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 A 1 1.8 "Conditions of Approval" means the Conditions of Approval for the Project, including those contained in approved by the City Planning Commission on , and by the City Council on addressing among other things, the permitting approval process of all designs and plans and all necessary Ministerial Permits and Approvals, and the construction, design, operation, and maintenance of, and control of illumination and light from, the Digital Signs and Digital Sign Sites. The Conditions of Approval are included as part of the Project Approvals attached hereto as Exhibit D. 1.9 "Development Agreement Act" means Section 65864 et seq., of the California Government Code. 1.10 "Digital Signs" means the three (3) Outdoor Advertising Structures to be constructed on the Digital Sign Sites, containing double -sided digital display faces so that six (6) digital faces will be constructed (two (2) on each structure) having a total of no more than 4,032 square feet of display area consistent with the Project Approvals and this Agreement. 1.11 "Digital Sign Sites" means the portions of the parcels of real property owned by the City that will be leased to Metro for the construction and operation of the Digital Signs. The Digital Sign Sites are more specifically described in Exhibit B and depicted in Exhibit C attached hereto and incorporated herein. 1.12 "Discretionary Action" means an action which requires the exercise of judgment, deliberation or a decision on the part of the City, including any board, commission or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with statutes, ordinances or regulations. 1.13 "Effective Date" is the date on which this Agreement is attested by the City Clerk of the City of Santa Clarita after execution by Metro and the Mayor of the City of Santa Clarita. 1.14 "Existing Metro Billboards" means the existing sixty-two (62) Outdoor Advertising Structures that are located on Metro property within the City's boundaries at the Existing Metro Billboard Sites as specifically described in Exhibit A. 1.15 "Existing Metro Billboard Sites" means the sixty-two (62) locations of the Existing Metro Billboards described in Exhibit A attached hereto. 1.16 "Fees" means Impact Fees, Processing Fees and any other fees or charges imposed or collected by the City. 2 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-93744530 v1 t 5 1. 17 "General Plan" means the adopted General Plan of the City. 1.18 "Impact Fees" means impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on and in connection with new development by the City pursuant to rules, regulations, ordinances and policies of the City in full force and effect as of the Effective Date of this Agreement. Impact Fees do not include (i) Processing Fees or (ii) other City-wide fees or charges of general applicability, provided that such City-wide fees or charges are not imposed on impacts of new development. 1.19 "Leases" mean the three lease agreements between City, as Lessor, and Metro, as Lessee, for the Digital Sign Sites attached as part of Exhibit D. 1.20 "Lessee" means Metro who is concurrently entering into three lease agreements with the City, as Lessor, for the Digital Sign Sites that will be used for the Digital Signs. 1.21 "Lessor" means the City that is leasing the Digital Sign Sites to Metro, as Lessee. 1.22 "Licensee" means the company or companies (including, without limitation, individuals or entities such as partnerships, limited liability companies, corporations, or sole proprietorships), if Metro so elects, that will do one or more of the following: (a) construct and/or operate a Digital Sign; (b) sell the media inventory from a Digital Sign; and/or (c) pay directly to the City the Development Fee pursuant to Section 3.1.6.1. 1.23 "Ministerial Permits and Approvals" means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by the City in order for Metro to implement, develop and construct the Project and the Mitigation Measures, including without limitation, building permits, foundation permits, public works permits, grading permits, stockpile permits, encroachment permits, and other similar permits and approvals which are required by the Municipal Code and Project plans and other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Pen -nits and Approvals do not include any Discretionary Actions. 1.24 "Mitigation Measures" means the mitigation measures described in the Project Approvals. 1.25 "Outdoor Advertising Structure" means and includes an "off-site sign" as defined in Chapter 17.11 of the Santa Clarita Municipal Code and an "advertising structure" as defined in Business and Professions Code Section 5203. 1.26 "Parties" means collectively Metro and the City. Each will be referred to in the singular as a "Party." This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 v1 l 51 1.27 "Planning Commission" means the Planning Commission of the City pursuant to California Government Code Section 65867. 1.28 "Planning Director" means the Planning Director for the City. 1.29 "Processing Fees" means all processing fees and charges required by the City including, but not limited to, fees for land use applications, Project permits and/or approvals, building applications, building permits, grading permits, encroachment permits, tract or parcel maps, lot line adjustments, air right lots, street vacations and certificates of occupancy which are necessary to accomplish the intent and purpose of this Agreement. Expressly exempted from Processing Fees are all Impact Fees which may be imposed by the City on development projects pursuant to rules, regulations, ordinances and policies enacted after the Effective Date of this Agreement, except as specifically provided for in this Agreement. The amount of the Processing Fees to be applied in connection with the development of the Project will be the amount which is in effect on a City-wide basis at the time an application for the City action is made. Notwithstanding the language of this Section or any other language in this Agreement, Metro will not be exempt from the payment of fees, if any, imposed on a City-wide basis as part of the City's program for storm water pollution abatement mandated by the Federal Water Pollution Control Act of 1972 and subsequent amendments thereto, unless a waiver of these fees is provided by the City in a subsequent agreement. 1.30 "Project" means the development, installation, management and operation of the Digital Signs and the removal of the Existing Metro Billboards identified on Exhibit A. As more particularly set forth in the Project Approvals, the Project includes, among other things, grading, the construction of infrastructure related to the Project whether located within or outside the Digital Sign Sites as shown on Exhibit C; the construction of the Digital Signs; and other facilities and improvements necessary or appropriate for the construction of the Digital Signs and the maintenance, repair, or reconstruction of any structure, improvement, or facility after the construction and completion thereof in accordance with the Project Approvals, Conditions of Approval and terms of this Agreement. 1.31 "Project Approvals" means the following land use actions taken by the City of Santa Clarita: (a) certification of the CEQA compliance document for the Project; (b) this Agreement; (c) the Leases; (d) the Conditions of Approval; and (e) 1.32 "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City subject to Metro's Exemption from Local Laws. The Reserved Powers include the powers to enact regulations or take future Discretionary Actions after the Effective Date of this Agreement that may be in conflict with the Applicable Rules and Project Approvals, but; (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 v11 52 basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to Uniform Codes, as adopted by the City of Santa Clarita, and/or the Santa Clarita Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Digital Sign Sites; or (3) are necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Agreement) as provided in Section 3.2.5.3. 1.33 "Term" means the period of time for which this Agreement will be effective in accordance with Section 6.2 hereof. 1.34 "Transferee" means individually or collectively, Metro's successors in interest, assignees or transferees of all or any portion of this Agreement. 1.35 "Uniform Codes" means those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scope which are applicable throughout the City, such as, but not limited to, the Los Angeles County Building Code, the Los Angeles County Electrical Code, the Los Angeles County Mechanical Code, Los Angeles County Plumbing Code, or the Los Angeles County Fire Code (including those amendments to the promulgated uniform codes which reflect local modification to implement the published recommendations of the multi -state organization and which are applicable City-wide) subject to Metro's Exemption from Local Laws. 2. RECITALS OF PREMISES, PURPOSE AND INTENT. 2.1 State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. Section 65864 of the Development Agreement Act expressly provides as follows: The Legislature finds and declares that: (a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 v11 59 regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City: (1) accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties; and (2) seeks public benefits. 2.2 General Purpose of this Agreement. 2.2.1 The City generally prohibits the construction and operation of new Outdoor Advertising Structures or billboards in the City under Santa Clarita Municipal Code ("SCMC") Chapter 17.51 ("Sign Code") and Chapter 11.12, and has been working with property owners and outdoor advertising companies for a number of years to reduce the number of billboards within the City. 2.2.2 The City has adopted SCMC section 17.26. 100 and amended section 17.28.100, and has also adopted SCMC section 17.38.005, which collectively authorize City to enter into billboard reduction and relocation agreements under which new billboards, including the Digital Signs, may be constructed in existing or new locations in exchange for the permanent removal of existing billboards. 2.2.3 The Existing Metro Billboards are located on Metro's rights-of-way, facilities, structures and properties within the City. 2.2.4 Metro is willing to remove or cause the removal of all of the Existing Metro Billboards to further Metro's primary, transportation -related purposes, provided that it is able to develop and operate the Digital Signs on the Digital Sign Sites. 2.2.5 In consideration of the removal of the Existing Metro Billboards, the City and Metro have indentified the Digital Sign Sites as suitable for the development of the Digital Signs, and the City is willing to lease the Digital Sign Sites to Metro subject to the terms and conditions of this Agreement and the applicable Leases. 2.2.6 Metro and the City desire to enter into this Agreement in order to provide for the (1) staged removal of the Existing Metro Billboards; (2) the development of the Digital Signs on the Digital Sign Sites; (3) the management and operation of the Digital Sign Sites and the Digital Signs; (4) the allocation between the Parties of revenue derived from the Digital Sign Sites and Digital Signs; and (5) certain other matters pertaining to 6 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-0530 vi l / O such Digital Sign Sites and Digital Signs all as more particularly set forth in this Agreement and the respective Leases. 2.3 Public Benefits. This Agreement provides assurances that the public benefits identified below in Section 3.1 will be achieved and developed in accordance with the Applicable Rules and Project Approvals and with the terms of this Agreement and subject to the City's Reserved Powers. The Project will provide local and regional public benefits to the City, including without limitation those public benefits listed in Section 3.1 below. The Project will also provide additional regional pubic benefits through Metro's rights under the Leases to utilize up to 6.25% of the monthly advertising time on each Digital Sign so that Metro may provide transit informational messages and promote the use of Metro services and other public transit services ("Transit Messages"). To the extent that advertising time is unsold and available, the Project will also enable Metro to utilize up to an additional 6.25% of the monthly advertising time on each Digital Sign for Transit Messages. As set forth above, the parties intend that Metro will have at least 6.25% of the total advertising time on each Digital Sign per month available for Transit Messages and may have up to 12.5% of the total advertising time each month if space is available. All Transit Message content will be provided by Metro at its sole cost and expense. 2.4 Metro Objectives. In accordance with the legislative findings set forth in the Development Agreement Act, Metro wishes to obtain reasonable assurances that the Project may be developed in accordance with the Applicable Rules and Project Approvals and with the terms of this Agreement and subject to the City's Reserved Powers. To the extent of Project development, and as provided by Section 3.1.1, Metro anticipates making capital expenditures or causing capital expenditures to be made in reliance upon this Agreement. In the absence of this Agreement, Metro would have no assurance that it can complete the development of the Project as forth in this Agreement and the Project Approvals. This Agreement, therefore, is necessary to assure Metro that, as to approvals and regulations within the City's police powers to control, the Project will not be (1) reduced or otherwise modified in intensity or use from what is set forth in the Project Approvals, or (2) subjected to new rules, regulations, ordinances or official policies or plans of the City, which are not adopted or approved pursuant to the City's Reserved Powers. This Agreement and the underlying Project will also serve to provide information on and promote the use of Metro services and other public transit services. 2.5 Mutual Objectives. Development of the Project in accordance with this Agreement will provide for the orderly removal of the Existing Metro Billboards and the development of the Digital Signs. This Agreement will eliminate uncertainty in planning for the orderly development of the Digital Signs. The Parties believe that such orderly development of the Project will provide public benefits, as described in Section 3. 1, to the City through the imposition of development standards and requirements under the provisions and conditions of This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 vi l this Agreement, including increased revenues, reasonable public use of the Digital Signs for public messaging and improving the aesthetics in the City by reducing the total number of Existing Metro Billboard Sites, resulting in overall benefits to the City. Additionally, although development of the Project in accordance with this Agreement will restrain the City's land use or other relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term hereof to remain responsible and accountable to its residents. 2.6 Procedures and Actions. 2.6.1 City Planning Commission Action. The City Planning Commission held a duly noticed public hearing onJanuary 7, 2014 and recommended approval of this Agreement. 2.6.2 City Cbuncil Action. The City Council on '2014, after conducting a duly -noticed public hearing, adopted Ordinance No. 'to become effective on the thirty-first day after approving this Agreement, found that its provisions are consistent with the City's General Plan and the Municipal Code, and authorized the execution of this Agreement. 3. AGREEMENT AND ASSURANCES. 3.1 Agreement and Assurance on the Part of Metro. In consideration for the City entering into this Agreement, and as an inducement for the City to obligate itself to cavy out the covenants and conditions set forth in this Agreement, and in order to effectuate the promises, purposes and intentions set forth in Section 2 of this Agreement, Metro hereby agrees as follows: 3.1.1 Project Development. Metro agrees that it will diligently undertake development of the Project in accordance with the terms and conditions of this Agreement and the Project Approvals. 3.1.2 Removal of Existing Metro Billboards. No later than forty-five (45) days following the issuance of the final approval by City's building department ("Building Final") for the completion of the first Digital Sign, Metro must cause the removal of no less than 40% of either (a) the Existing Metro Billboards or (b) the total square footage of sign area of the Existing Metro Billboards. No later than forty-five (45) days following the issuance of the Building Final for the second Digital Sign, Metro must cause the removal of no less than 30% of either (x) the total of the Existing Metro Billboards or (y) the total square footage of sign area of the Existing Metro Billboards. No later than forty-five (45) days following the issuance of the Building Final for the third Digital Sign, Metro must cause the removal of the then remaining Existing Metro Billboards. If Metro has commenced the construction of a Digital Sign, 8 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 Y1 / the removal obligation for the applicable Existing Metro Billboards under this Section 3.1.2 will survive the expiration or earlier termination of this Agreement until all applicable Existing Metro Billboards corresponding to the permitted construction of such Digital Sign have been removed. 3.1.3 Waiver of Compensation for Removal of Existing Metro Billboards. Metro waives and releases all claims for compensation Metro has or may have in the future against City or City's officials, officers, employees and agents that are related to or arise from Metro's removal of the Existing Metro Billboards. This waiver and release includes any claims made or arising under the California Government Claims Act (California Government Code §§ 810 and following), the Outdoor Advertising Act, the California Constitution, the federal Highway Beautification Act of 1965 (23 U.S.C. § 131), or the United States Constitution. 3.1.4 Release of Claims for Removal of Existing Metro Billboards. Metro unconditionally and forever releases and discharges City and City's elected officials, officers, employees, and agents from all liabilities, claims, demands, damages, and costs (including reasonable attorneys' fees and litigation costs through final resolution on appeal) that in any way arise from, or are connected with, Metro's removal of the Existing Metro Billboards. This release and discharge covers all claims, rights, liabilities, demands, obligations, duties, promises, costs, expenses, damages, and other losses or rights of any kind, past, present, and future, whatever the theory of recovery, and whether known or unknown, patent or latent, suspected or unsuspected, fixed or contingent, or matured or unmatured. Metro hereby waives all rights it has or may have in the future under California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 3.1.5 Indemnity for Claims Arising from the Removal of Existing Metro Billboards. In addition to the indemnity provided in Section 6.12 Metro agrees to indemnify, defend (upon City's written request), and hold harmless City and City's officials, officers, employees, and agents from all liabilities, claims, demands, damages, and costs (including reasonable attorneys' fees and litigation costs through final resolution on appeal) (collectively, "claims") that in any way arise from, or are connected with the acts or omissions of Metro or Metro's officers, employees, or agents in removing or causing the removal of the Existing Metro Billboards 9 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 v1 / 3.1.6 Additional Obligations of Metro as Consideration for this Agreement. As additional consideration for this Agreement, Metro will also provide public benefits including, but not limited to, the specific public benefits listed below: 3.1.6.1 Development Fee. Metro must pay or require the Licensee to pay a percentage fee directly to City from the Digital Signs in the amount and manner provided in the Leases, which amount will not be less than 65% of the "Net Revenue" as defined in the Leases ("Development Fee"). 3.1.6.2 Audit of Revenue. City will have the right to audit the "Gross Revenue" from the Digital Signs in the manner provided in the applicable Leases. 3.1.6.3 City Promotional Message Benefits. As a public benefit during the entire term of the applicable Leases, Metro will provide as part of the consideration for this Agreement to City, at no cost to City, up to 6.25% of the advertising time on each Digital Sign per month for City to promote the City of Santa Clarita, any municipal service provided by City to its residents, or public events sponsored by City ("City Promotional Messages"). To the extent that advertising time is unsold and available, Metro agrees to allocate, at no cost to City, up to 6.25% additional advertising time on each Digital Sign per month. As set forth above, the parties intend that the City will have at least 6.25% of the total advertising time on each Digital Sign per month available for City Promotional Messages and may have up to 12.5% of the total advertising time each month if space is available. All City Promotional Message content will be provided by City at its sole cost and expense to Metro. City will endeavor to provide its message content at least three months in advance of the requested date for display of the content to ensure the timely display of the message, but Metro will use reasonable commercial efforts to accommodate City Promotional Message requests whenever the content is provided. All City Promotional Messages must be consistent with the format and such specifications and protocols as may be provided by Metro from time to time. Metro will have no liability whatsoever for the content, art or copy of any City Promotional Message provided by or on behalf of City and such content, art and copy will, at all times, be subject to reasonable approval by Metro. 3.1.6.4 City Emergency Message Benefits. As a public benefit during the entire Term of this Agreement and the applicable Leases, 10 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 v11 f City emergency messaging will be permitted on the Digital Signs during emergencies that involve the need to reach the traveling public at -large. For purposes of this Agreement, an "emergency" means a bona -fide emergency involving the public health, safety and welfare as reasonably determined by the City Manager of City, Captain or Commander of Santa Clarita Valley Sheriffs Station or the Fire Chief of the Los Angeles County Fire Department, or their designees, acting in their official capacities. An "emergency" does not include traffic updates, routine traffic advisories or road advisories for previously scheduled maintenance, repair or improvement work. Metro will have no obligation to display any emergency messaging without interruption for longer than one (1) hour (and intermittently thereafter) for a particular emergency. 3.2 City Approvals and Assurances for Project Development and Operation. 3.2.1 Approval of Leases for the Digital Sign Sites. City hereby approves the Leases for the Digital Sign Sites and the construction and development of the Digital Signs as provided in the Leases as set forth in the attached Exhibit D. 3.2.2 Approval of Digital Signs. City hereby approves the Digital Signs to be constructed on the City Digital Sites in accordance with the site plans and specifications set forth in the Leases and operated in accordance with this Agreement and the applicable Leases, which are attached as part of Exhibit D. 3.2.3 Entitlement to Develop. Pursuant to this Agreement, Metro has the vested right to develop the Project subject to the terms and conditions of this Agreement, including but not limited to the Conditions of Approval, the Applicable Rules, Project Approvals and the Reserved Powers for a period of five (5) years from the Effective Date (the "Development Period"). Metro's vested rights under this Agreement also include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace the Project or any portion thereof throughout the applicable Tenn in the event of damage, destruction or improvements to technology legally required to be incorporated on the Digital Signs or any portion thereof, subject to the Applicable Rules, Project Approvals and Reserved Powers. 3.2.4 Consistency in Applicable Rules. Based upon all information made available to the City up to or concurrently with the execution of this Agreement, the City finds and certifies that no Applicable Rules prohibit or prevent the full completion of the Project in accordance with the uses, intensities, densities, designs and heights, permitted demolition, and other 11 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 vI I / development entitlements incorporated and agreed to herein and in the Project Approvals. 3.2.5 Changes in Applicable Rules. 3.2.5.1 Nonapplication of Changes in Applicable Rules. Except as provided in Sections 3.2.5.2 and 3.2.5.3 below, any change in, or addition to, the Applicable Rules, including, without limitation, any change in any applicable general or specific plan, zoning or building regulation, adopted or becoming effective after the Effective Date of this Agreement, including, without limitation, any such change by means of ordinance, City Charter amendment, initiative, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City, City Council, Planning Commission or any other Board, Commission, Department or Agency of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Digital Sign Sites and/or the Project and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agreement, will not be applied to the Digital Sign Sites or the Project unless such changes represent an exercise of the City's Reserved Powers, or are otherwise agreed to in this Agreement. Notwithstanding the foregoing, Metro may, in its sole discretion, consent to the application to the Project of any change in the Applicable Rules. 3.2.5.2 Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project will be subject to changes which may occur from time to time in the Uniform Codes, as such Codes are adopted by the City of Santa Clarita. In addition, development of the Project will be subject to changes occurring from time to time in the Municipal Code regarding the construction, engineering and design standards for both public and private improvements provided that these changes are (1) necessary to the health and safety of the residents of the City, and (2) are generally applicable on a Citywide basis (except in the event of natural disasters found by the City Council, such as floods, earthquakes and similar disasters). 3.2.5.3 Changes Mandated by Federal or State Law. This Agreement will not preclude the application to the Project of changes in, or additions to, the Applicable Rules, including rules, regulations, ordinances and official policies, to the extent 12 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 vl I that such changes or additions are mandated to be applied to developments such as this Project by state or federal regulations, pursuant to the Reserved Powers. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions will be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 3.2.6 Subsequent Development Review. The City will not require Metro to obtain any approvals or permits for the development of the Project in accordance with this Agreement other than those permits or approvals which are required by the Applicable Rules, the Reserved Powers and/or the Project Approvals. However, any subsequent Discretionary Action initiated by Metro which substantially changes the entitlements allowed under the Project Approvals, will be subject to the rules, regulations, ordinances and official policies of the City then in effect. The Parties agree that this Agreement does not modify, alter or change the City's obligations pursuant to CEQA and acknowledge that future Discretionary Actions may require additional environmental review pursuant to CEQA. As determined by the City, in the event that additional environmental review is required by CEQA, the City agrees to utilize tiered environmental documents to the fullest extent permitted by law, and as provided in California Public Resources Code Sections 21093 and 21094. 3.2.7 Effective Development Standards. The City agrees that it is bound to permit the uses on the Digital Sign Sites that are permitted by this Agreement and the Project Approvals, insofar as this Agreement and the Project Approvals so provide. The City hereby agrees that it will not unreasonably withhold or unreasonably condition any Discretionary Action which must be issued by the City in order for the Project to proceed, provided that Metro reasonably and satisfactorily complies with all applicable City standard procedures for processing applications for Discretionary Actions. 3.2.8 Moratoria or Interim Control Ordinances. In the event an ordinance, resolution, policy, or other measure is enacted, whether by action of the City, by initiative, or otherwise, which relates directly or indirectly to the Project or to the rate, amount, timing, sequencing, or phasing of the development or construction of the Project on all or any part of the Digital Sign Sites or the implementation of the Mitigation Measures adopted in connection with approval of the Project, City agrees that such ordinance, resolution or other measure will not apply to the Digital Sign Sites, the Project or this Agreement, unless such changes are adopted pursuant to the Reserved Powers or other applicable provisions of this Agreement. 13 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 vl 1 / 3.2.9 Special Taxes and Assessments. Metro will not be obligated to support infrastructure financing undertaken by the City or others. Metro will have the right, to the extent permitted by law, to protest, oppose and vote against any and all special taxes, assessments, levies, charges and/or fees imposed with respect to any assessment districts, Mello -Roos or community facilities districts, maintenance districts or other similar districts. 3.2.10 Impact Fees. Impact Fees imposed by the City with respect to the Project will be only those Impact Fees in full force and effect as of the Effective Date, the amounts of which are subject to ongoing annual increases which will be calculated at time of payment. The installation of improvements identified in the Mitigation Measures and/or the Conditions of Approval implemented in connection with the Project will be accepted by the City in lieu of otherwise applicable Impact Fees. This Agreement does not limit any impact fees, linkage fees, exaction, assessments or fair share charges or other similar fees or charges imposed by other governmental entities and which the City is required to collect or assess pursuant to applicable law (e.g., school district impact fees pursuant to Government Code Section 65995). 3.2.11 Processing Fees. Metro must pay all Processing Fees for Ministerial Permits and Approvals. 3.2.12 Timeframes and Staffmg for Processing and Review. The City agrees that expeditious processing of Ministerial Permits and Approvals and Discretionary Actions, if any, and any other approvals or actions required for the Project are critical to the implementation of the Project. In recognition of the importance of timely processing and review of Ministerial Permits and Approvals, the City agrees to work with Metro to establish reasonable time frames for processing and reviewing such Ministerial Permits and Approvals and to comply with any timeframes established in the Project Approvals. Furthermore, the City will expedite to the extent reasonably possible all requests by Metro for Discretionary Actions requested for the Project, if any. 3.2.13 Termination of Project Approvals upon Expiration of Term or Abandonment of Project. Upon the earlier to occur of (a) expiration of the Term or (b) City's receipt of notice from Metro that it is voluntarily abandoning further pursuit of the Project, to the extent that Metro has failed to cause the commencement of construction of any Digital Sign under a City -issued building permit, then all Project Approvals with respect to such unconstructed Digital Sign will automatically terminate, including the underlying Lease of the Digital Sign Site, unless the Term is extended by mutual agreement. 14 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374AS30 v1 4. ANNUAL REVIEW. 4.1 Annual Review. During the Tenn of this Agreement, the City will have the right to review annually good faith compliance with this Agreement by Metro, or its successors, transferees, and/or assignees, as the case may be. Such periodic review will be limited in scope to good faith compliance with the provisions of this Agreement and Metro will have the burden of demonstrating such good faith compliance. 4.2 Pre -Determination Procedure. Metro's submission of evidence of compliance with this Agreement, in a form which the Parties will reasonably agree to, will be made in writing and transmitted to the Planning Director not later than sixty (60) days prior to the yearly anniversary of the Effective Date. The public will be afforded an opportunity to submit written comments regarding compliance to the Planning Director at least sixty (60) days prior to the yearly anniversary of the Effective Date. All such public comments and final staff reports will, upon receipt by the City, be made available as soon as possible to Metro. 4.3 Director's Determination. In any year where City performs the annual review per Section 4.1, on or before the yearly anniversary of the Effective Date of the Agreement, the Planning Director will make a determination regarding whether or not Metro has complied in good faith with the provisions and conditions of this Agreement. This determination will be made in writing with reasonable specificity, and a copy of the determination will be provided to Metro in the manner prescribed in Section 6.13. Copies of the determination will also be made available to members of the public. 4.4 Appeal by Metro. In the event the Planning Director makes a finding and determination of non-compliance, Metro will be entitled to appeal that determination to the City Council. After a public hearing on the appeal, the City Council will make written findings and determinations, on the basis of substantial evidence, whether or not Metro has complied in good faith with the provisions and conditions of this Agreement. 4.5 Period to Cure Non -Compliance. If, as a result of this Annual Review procedure, it is found and determined by the Planning Director or the City Council, on appeal, that Metro has not complied in good faith with the provisions and conditions of this Agreement, the City will submit to Metro, by registered or certified mail, return receipt requested, a written notice of non-compliance in the manner prescribed in Section 6.13, stating with specificity those obligations of Metro which have not been performed. Upon receipt of the notice of non- compliance, Metro must promptly commence to cure the identified items of non- compliance at the earliest reasonable time after receipt of the notice of non- compliance and must complete the cure of such items of non-compliance not later than sixty (60) days after receipt of the notice of non-compliance, or such longer period as is reasonably necessary to remedy such items of non-compliance, 15 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 A 1 �9 provided that Metro must continuously and diligently pursue such remedy at all times until such item of non-compliance is cured. 4.6 Failure to Cure — Termination or Modification of Agreement. If the Planning Director determines that Metro, or its successors, transferees, and/or assignees, as the case may be, has not cured or commenced to cure an item of non-compliance pursuant to this Section, and that the City intends to terminate or modify this Agreement or those transferred or assigned rights and obligations, as the case may be, the Planning Director will then set a date for a public hearing before the City Council in accordance with the notice and hearing requirements of Goverment Code Sections 65867 and 65868. If after such public hearing, the City Council finds and determines, on the basis of substantial evidence, that Metro, or its successors, transferees, and/or assignees, as the case may be, has not brought the Project into compliance pursuant to this Section, the City may terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be. 4.7 Termination or Modification of Agreement. The City or Metro may terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, after a finding or determination of noncompliance by the City Council. There shall be no modifications of this Agreement unless the City Council acts pursuant to Goverment Code Sections 65867.5 and 65868. L�1st1410Na9.1114/1:9[Q�K 5.1 Default by Metro. 5.1.1 Default. In the event Metro does not perform its obligations under this Agreement in a timely manner, the City will have all rights and remedies provided by this Agreement, which include compelling the specific performance of the obligations of Metro under this Agreement, or modification or termination of this Agreement, provided that the City has first complied with the procedure in Section 5.1.2. 5.1.2 Notice of Default. City must first submit to Metro a written notice of default stating with specificity those obligations which have not been performed. Upon receipt of the notice of default, Metro must promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and must complete the cure of such default(s) not later than sixty (60) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that Metro must continuously and diligently pursue such remedy at all times until such default(s) is cured. In the event that Metro has assigned any portion of its interests pursuant to Section 6.8, Metro will have the right but not the obligation to cure any defaults of any assignee or successor -in -interest. Further, any assignee or successor -in - 16 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. 1.A #4838-8374-4530 vl l 7D interest will have the right but not the obligation to cure any defaults of Metro. In the case of a dispute as to whether Metro (or its respective assignee or successor -in -interest) has cured the default, the Parties may submit the matter to dispute resolution pursuant to Section 6.4. 5.1.3 Failure to Cure Default Procedures. If after the cure period has elapsed, the Planning Director finds and determines that Metro or its successors, transferees and/or assignees, as the case may be, remains in default and that the City intends to terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, the Director must make a report to the City Council and then set a public hearing before the Council in accordance with the notice and hearing requirements of Government Code Sections 65867 and 65868. If after public hearing, the City Council finds and determines, on the basis of substantial evidence, that Metro or its successors, transferees and/or assigns, as the case may be, has not cured such default pursuant to this Section, the City may terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case maybe. 5.1.4 Termination or Modification of Agreement. The City or Metro may terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, after such final determination of the City Council. There may be no modifications of this Agreement unless the City Council acts pursuant to Government Code Sections 65867.5 and 65868. 5.2 Default by City. 5.2.1 Default. In the event the City does not accept, process, or render a decision on necessary development permits, entitlements, or other land use or building permits or approvals for the Project as provided in this Agreement upon compliance with the requirements thereof, or as otherwise agreed to by the Parties, or the City otherwise defaults under the provisions of this Agreement, Metro will have all rights and remedies provided herein or by applicable law, which will include compelling the specific performance of the City's obligations under this Agreement, provided that Metro or its transferee or assignee, as the case may be, has first complied with the procedures in Section 5.2.2. No part of this Agreement may be deemed to abrogate or limit any immunities or defenses the City may otherwise have with respect to any claims. 5.2.2 Notice of Default. Metro must first submit to the City a written notice of default stating with specificity those obligations which have not been performed. Upon receipt of the notice of default, the City must promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and must complete the cure of such 17 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 A 1 91 default(s) not later than sixty (60) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided that the City must continuously and diligently pursue such remedy at all times until such default(s) is cured. In the case of a dispute as to whether the City has cured the default, the Parties must submit the matter to dispute resolution pursuant to Section 6.4 of this Agreement. 5.3 No Monetary Damages. It is acknowledged by the Parties that the City and Metro would not have entered into this Agreement if either were liable in monetary damages under or with respect to this Agreement or the application thereof except as provided below. Therefore, the Parties agree that the Parties will not be liable in monetary damages and the Parties covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement except for Sections 3.1.6.1 and 3.2.11 above and Section 6.12 below. 6. GENERAL PROVISIONS. 6.1 Effective Date. This Agreement will be effective as set forth in Section 1.13 above. 6.2 Term. The Term of this Agreement will commence on the Effective Date and will extend for a period of five (5) years after the Effective Date. Following the expiration of this Term or earlier termination, this Agreement will terminate and be of no further force and effect; provided, however, that this termination shall not affect any right or duty arising from entitlements or approvals, including the Project Approvals on the Property, approved concurrently with, or subsequent to, the Effective Date of this Agreement. The Term of this Agreement will automatically be extended for the period of time of any actual delay resulting from any enactments pursuant to the Reserved Powers or moratoria, or from legal actions, administrative proceedings such as appeals or delays of ministerial actions, or appeals which enjoin performance under this Agreement or act to stay performance under this Agreement (other than bankruptcy or similar procedures), or for the period of time during which a third -party lawsuit or litigation (including appeals) relating to the Project or the Project Approvals, including this Agreement, has been filed and is pending in a court of competent jurisdiction. 6.3 Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which any Party hereto is required to do or complete any act, matter or thing, the time for the doing or completion thereof will be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including: war; insurrection; riots; floods; earthquakes; fires; casualties; acts of God; unusual economic or 18 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 vl l `1 Z governmental circumstances that limit the ability to generate advertising revenue from the Digital Signs, litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs (such as the Annual Review)); any approval required by the City (not including any period of time normally expected for the processing of such approvals in the ordinary course of affairs); any approval or restrictions imposed or mandated by other governmental entities (including the California Department of Transportation), other than restrictions or regulations imposed by Metro; enactment of conflicting state or federal laws or regulations; judicial decisions; the exercise of the City's Reserved Powers; or similar bases for excused performance which is not within the reasonable control of the Party to be excused (financial inability excepted). This Section will not be applicable to any proceedings with respect to bankruptcy or receivership initiated by or on behalf of Metro, or by any third parties against )Metro if not dismissed within ninety (90) days; provided however, this Section will be applicable to every other provision in this Agreement. If written notice of such delay is given to any Party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be reasonable or mutually agreed upon. 6.4 Dispute Resolution. 6.4.1 Dispute Resolution Proceedings. The Parties may mutually agree to dispute resolution proceedings to fairly and expeditiously resolve disputes or questions of interpretation under this Agreement. These dispute resolution proceedings may include any manner of dispute resolution which is mutually agreed upon by the Parties. The results of any dispute resolution proceeding will not be binding upon the Parties except by separate agreement approved in writing by both Parties. Any such separate agreement will be implemented as an amendment to this Agreement. In no event will an arbitrator make any findings. 6.4.2 Arbitration. Any dispute between the Parties that is mutually agreed to be resolved by arbitration will be conducted by an arbitrator who must be a former judge of the Los Angeles County Superior Court or Appellate Justice of the Second District Court of Appeals or the California Supreme Court. This arbitrator will be selected by mutual agreement of the Parties. 6.4.3 Arbitration Procedures. Upon appointment of the arbitrator, the matter will be set for arbitration at a time not less than thirty (30) nor more than ninety (90) days from the effective date of the appointment of the arbitrator. The arbitration may be conducted under the procedures set forth in Code of Civil Procedure Section 638, et seq., or under such other procedures as are agreeable to the Parties, except that provisions of the California Code of Civil Procedure pertaining to discovery and the 19 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374.4530 Al -73 provisions of the California Evidence Code will be applicable to such proceeding. 6.4.4 Extension of Term. The Term of this Agreement as set forth in Section 6_2 may be extended by the arbitrator for the period of time in which progress on the development or the operation of the Project was delayed by the City if the arbitrator finds that Metro was not in default under this Agreement. 6.5 Legal Action. Subject to the limitations on remedies imposed by this Agreement, each Party may, in addition to any other rights or remedies, institute legal action in the Superior Court of Los Angeles County, to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation, or enforce by specific performance the obligations and rights of the Parties hereto. Notwithstanding the above, the City's right to seek specific performance will not extend to compelling Metro to develop any or all of the Digital Signs unless Metro has already initiated construction of any such Digital Sign and specific performance is necessary to complete, demolish or make safe any particular improvement(s) on the Digital Sign Sites, including the Digital Signs, under this Agreement and the Project Approvals. Metro will have no liability (other than the potential termination of this Agreement and payment of all outstanding Processing Fees) if it elects not to pursue the development of any or all of the Digital Signs. 6.6 Applicable Law. This Agreement will be construed and enforced in accordance with the laws of the State of California. 6.7 Amendments. This Agreement may be amended from time to time by mutual consent in writing of the Parties to this Agreement in accordance with Government Code Section 65868. 6.8 Assignment. Metro may assign or transfer its rights and obligations under this Agreement to another entity, upon presentation to the City of an assignment agreement in a form reasonably acceptable to the City Attorney and the City's written approval of such assignment or transfer by the City Manager, which may not be unreasonably withheld; provided, however, that Metro remains fully obligated and liable for all obligations of Metro under this Agreement and the Leases if the assignee or transferee fails to fulfill any of the assigned or transferred obligations, duties and covenants arising under this Agreement or the Leases. 6.9 Covenants. The provisions of this Agreement constitute covenants which run with the land comprising the Digital Sign Sites for the benefit thereof, and the burdens and benefits hereof will bind and inure to the benefit of all assignees, transferees, and successors to the Parties hereto. 20 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 vl1 6.10 Cooperation and Implementation. 6.10.1 Processing. Upon satisfactory completion by Metro of all required preliminary actions and payment of appropriate Processing Fees, including the fee for processing this Agreement, the City will commence and diligently process all required steps necessary for the implementation of this Agreement and development of the Digital Sign Sites in accordance with the terms of this Agreement, subject to the provisions of Section 3.2.12. Metro will, in a timely manner, provide the City with all documents, plans, fees and other information necessary for the City to carry out its processing obligations pursuant to this Agreement. 6.10.2 Other Governmental Permits. Metro will apply in a timely manner for such other permits and approvals as may be required from other governmental or quasi -governmental agencies having jurisdiction over the Project, including, without limitation, the California State Department of Transportation, as may be required for the development of, or provision of. services to, the Project. The City will cooperate with Metro in its endeavors to obtain such permits and approvals and will, from time to time at the request of Metro, attempt with due diligence and in good faith to enter into binding agreements with any such entity if required as the owner of the Digital Sign Sites in order to ensure the availability of such permits and approvals, or services, provided such agreements are reasonable and not detrimental to the City. 6.10.3 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties hereby agree to affirmatively cooperate in defending such action. 6.11 Relationship of the Parties. It is understood and agreed by the Parties that the contractual relationship created between the Parties hereunder is that Metro is an independent contractor with respect to the City and is not an agent of the City. Further, the Parties agree and hereby renounce the existence of any form of joint venture or partnership between the City and Metro and agree that nothing herein or in any document executed in connection herewith will be construed as making the City a joint venturer or partner with Metro. 6.12 Indemnification and Insurance. 6.12.1 Indemnification by Metro. Metro agrees to indemnify the City, its officials, officers, employees, and agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity arising out of or in 21 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 A 1 95 connection with the work, operations, or activities of Metro, its agents, employees, subcontractors, or invitees, arising under this Agreement and in furtherance of the Project, including upon the Digital Sign Sites, whether or not there is current passive or active negligence on the part of the City, its officers, agents, or employees and in connection therewith. Metro will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. Metro will promptly pay any judgment rendered against the City, its officials, officers, agents, or employees for any such claims or liabilities arising out of or in connection with the work, operations, or activities of Metro, hereunder, and Metro agrees to save and hold the City, its officers, agents, and employees harmless therefrom. In the event the City, its officials, officers, agents, or employees is made a party to the action or proceeding filed or prosecuted against for such damages or other claims arising out of or in connection with operation or activities of Metro hereunder, Metro agrees to pay the City, its officials, officers, agents, or employees any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including by not limited to legal costs and attorneys' fees. 6.12.1.1 Exceptions. The foregoing indemnity does not include claims or liabilities arising from the sole or gross negligence or willful misconduct of the City, its officials, officers, agents, or employees, or any claims or liabilities arising from the Digital Sign Sites that occurred prior to the commencement of the applicable Lease for the Digital Sign Sites between the City and Metro. 6.12.1.2 Additional Coverage. Without limiting the generality of the foregoing, said indemnity will include any liability arising by reason of. (a) any claim made by any assignee, employee, agent, visitor, invitee, or user of any portion of the Digital Sign Sites; (b) any accident or other occurrence in or on the Digital Sign Sites causing injury to any person or property whatsoever; (c) any failure of Metro to comply with performance of all of the provisions of this Agreement; or (d) Metro's failure to prevent any employee or any invitee or any other person from entering upon or remaining in any place upon the Digital Sign Sites which is not safe and does not comply with all laws pertaining thereto as they may now or hereafter exist. 6.12.2 Indemnification by City. The City agrees to indemnify Metro, its subsidiaries, and their respective directors, officers, employees, and agents against, and will hold and save Metro harmless from, any and all claims or liabilities that may be asserted or claimed by any person, firm, or entity 22 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 vl 1 16 asserting that the Development Fee constitutes a gift of public funds in any respect. The City will defend any action or actions filed in connection with any of such claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees directly incurred in connection with any claims or liabilities pertaining to the validity of the Development Fee. 6.12.3 Period of Indemnification. The obligations for indemnity and defense under this Section 6.12 begin upon the Effective Date and will terminate upon termination of this Agreement; provided, however, that the duties of indemnification and defense will continue to apply to all claims or liabilities arising during that period even if asserted at any time thereafter. 6.12.4 Insurance. For claims or liabilities for personal injury or death, or property damage relating to this Agreement and the Digital Sign Sites, Metro represents that it is self-insured and relies on its excess insurance layers to cover liabilities in excess of its self-insured retention. Metro will provide the City with reasonable evidence of such coverages and will promptly notify City in writing of any changes in the amount of its self- insurance or the availability of sufficient reserves in order to pay any claims or liabilities up to the stated amount of self-insurance. 6.13 Notices. Any notice or communication required hereunder between the Parties must be in writing, and must be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same will be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice will be deemed to have been given when delivered to the Party to whom it is addressed. Any Party hereto may at any time, by giving ten (10) days' written notice to the other Party hereto, designate any other address in substitution of the address, or any additional address, to which such notice or communication may be given. Such notices or communications must be given to the Parties at their addresses set forth below: To City: City of Santa Clarita Santa Clarita City Hall 23920 Valencia Boulevard Suite 300 Santa Clarita, CA 91355 Attn: Planning Director To Metro: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Mail Stop 99-18-4 23 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 v11 77 Los Angeles, CA 90012-2952 Attn: Deputy Executive Officer Real Estate 6.14 Recordation. As provided in Government Code Section 65868.5, this Agreement must be recorded with the Registrar -Recorder of the County of Los Angeles within ten (10) days following the Effective Date. If required, Metro will provide the City Clerk with the fees for such recording prior to or at the time of such recording should the City Clerk record the Agreement. 6.15 Constructive Notice and Acceptance. Every person who now or hereafter owns or acquires any right, title, interest in or to any portion of the Digital Sign Sites, is and will be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Digital Sign Sites. 6.16 Severability. If any provisions, conditions, or covenants of this Agreement, or the application thereof to any circumstances of any Party, is held invalid or unenforceable, the remainder of this Agreement or the application of such provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable will not be affected thereby and will be valid and enforceable to the fullest extent permitted by law. 6.17 Time of the Essence. Time is of the essence for each provision of this Agreement of which time is an element. 6.18 Waiver. No waiver of any provision of this Agreement will be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and refers expressly to this Section. No waiver of any right or remedy with respect to any occurrence or event will be deemed a waiver of any right or remedy with respect to any other occurrence or event. 6.19 No Third Party Beneficiaries. The only Parties to this Agreement are the City and Metro, and their successors -in -interest, transferees, or assignees, as the case may be. There are no third party beneficiaries and this Agreement is not intended, and will not be construed to benefit or be enforceable by any other person whatsoever. 6.20 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein or therein (or any such representations, understandings or ancillary covenants, undertakings or agreements are integrated in this Agreement) and no testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceedings of any kind or nature to interpret or determine the provisions or conditions of this Agreement. 24 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA 44838-8374-4530 v1 is 6.21 Legal Advice; Neutral Interpretation; Headings, Table of Contents, and Index. Each Party acknowledges that it has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement will be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of the language in question. The headings, table of contents, and index used in this Agreement are for the convenience of reference only and will not be used in construing this Agreement. 6.22 No Discretion to Encumber. Metro may not in any manner, encumber the City Digital Sign Sites or any portion of the City Digital Sign Sites by any mortgage, deed of trust or other security device except as may be permitted in the Leases. 6.23 Expedited Processing of Legal Actions. Each Party agrees to cooperate in the expedited processing of any legal action seekirig specific performance, declaratory relief or injunctive relief, to set court dates at the earliest practicable date(s) and not cause delay in the prosecution/defense of the action, provided such cooperation will not require any Party to waive any rights. 6.24 Nonliability of City and Metro Officials. No officer, official, member, employee, attorney, agent, or representatives of City or Metro will be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon will be personally enforced against any such officer, official, member, employee, attorney, agent, or representative. 6.25 No Brokers. Each Party represents and warrants to the other that it has not employed any broker and/or finder to represent its interest in this transaction. Each Party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement arising out of agreements by the indemnifying party to pay any commission or finder's fee. 6.26 Counterparts. This Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement, not counting the Cover Page, consists of pages and (__) Exhibits. 25 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 v11 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ATTEST: M City Clerk APPROVED AS TO FORM: In City Attorney City: CITY OF SANTA CLARITA a Mayor LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY go Lo [end of signatures] 26 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 v1 V Exhibit A Existing Metro Billboards EXHIBIT A-1 This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374-4530 A I I Exhibit B Legal Description of the Digital Sign Sites EXHIBIT B This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA 44838-83744530 v11 8 �. Exhibit C Depiction of the Digital Sign Sites EXHIBIT C This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 v1 SolOlt \ ♦ t t, .�a"a .. /77�1 Ad R. s ` DA - Exhibit A 25830 2115 Existing Metro Billboards Allvision ID Operator Structures Faces Illuminated Height Width Square Feet 1 Clear Channel 1 2 Yes 12 25 600 2 Clear Channel 1 1 Yes 14 48 672 3 Clear Channel 1 2 Yes 12 25 600 4 CBS 1 1 No 12 25 300 5 CBS 1 1 No 12 25 300 6 CBS 1 2 No 12 25 600 7 Clear Channel 1 2 Yes 12 25 600 8 Clear Channel 1 2 Yes 12 25 600 9 Clear Channel 1 1 Yes 12 25 300 10 Clear Channel 1 2 Yes 12 25 600 11 Clear Channel 1 2 Yes 12 25 600 12 CBS 1 2 Yes 12 25 600 13 CBS 1 2 Yes 12 25 600 14 Clear Channel 1 2 Yes 12 25 600 15 CBS 1 1 No 12 25 300 16 Clear Channel 1 2 Yes 12 25 600 17 Clear Channel 1 2 No 12 25 600 18 Edwards 1 2 No 6 12 144 19 Clear Channel 1 2 No 12 25 6D0 20 Edwards 1 2 No 6 12 144 21 Edwards 1 2 No 6 12 144 22 Edwards 1 2 No 6 12 144 23 Clear Channel 1 2 Yes 12 25 600 24 CBS 1 1 No 15 10 150 25 Clear Channel 1 2 Yes 12 25 600 26 Edwards 1 2 No 6 12 144 27 Edwards 1 2 No 6 12 144 28 Clear Channel 1 2 Yes 12 25 600 29 CBS 1 2 No 15 30 300 30 CBS 1 2 No 15 10 300 31 Edwards 1 2 No 6 12 144 32 CBS 1 2 Yes 12 25 600 33 Clear Channel 1 2 Yes 14 48 1344 34 CBS 1 2 Yes 12 25 600 35 Clear Channel 1 2 Yes 12 25 600 36 Edwards 1 2 No 6 12 144 37 CBS 1 2 No 12 25 600 38 Edwards 1 2 No 6 12 144 39 Edwards 1 2 No 6 12 144 40 Clear Channel 1 2 Yes 14 48 1344 41 Edwards 1 2 No 6 12 144 42 Edwards 1 2 No 6 12 144 43 CBS 1 2 No 12 25 600 44 Edwards 1 2 No 6 12 144 45 Clear Channel 1 2 Yes 12 25 600 46 Edwards 1 2 No 6 12 144 47 Clear Channel 1 2 Yes 12 25 600 48 Edwards 1 2 No 6 12 144 49 Edwards 1 2 No 6 12 144 50 Clear Channel 1 2 Yes 12 25 600 51 Edwards 1 2 No 6 12 144 52 Edwards 1 2 No 6 12 144 53 CBS 1 2 Yes 12 25 600 54 Edwards 1 2 No 6 12 144 55 Edwards 1 2 No 6 12 144 56 Unknown 1 2 Yes 6 10 120 57 Edwards 1 2 No 6 12 144 58 Edwards 1 2 No 6 12 144 59 Edwards 1 2 No 6 12 144 60 CBS 1 2 Yes 12 25 600 61 Unknown 1 2 Yes 6 12 144 62 CBS 1 2 No 14 48 1344 25830 2115 DA - Exhibit B Legal Description of the Digital Sign Sites (To be inserted prior to execution) EXHIBIT B This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-83744530 v10 ^x 4 DA - Exhibit C Site Plans and Elevations for the Digital Sign Sites EXHIBIT C This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA #4838-8374.4530 v10 AN 0 0 0 0 "1,0 pot's•. �! �� es•8 g� !'@s \ vs s O' �.\\ 4 c e f \ I I ��8 I>!� f E dial t 9 Zr�A 41 �£ o$$ b 0. 1 , 1 I 1. E e 1 y I V €...........:pE , ae>a........ i [ vv v 0 ��?gaQa 4 �?S�;a g6�1 664¢6 a4 a5E as 3 CI•gg aR e l ] 41 �cSg 6 9 ROAD 1j!j1 z CCRC Enterprises m®" TOPOGRAPHIC SURVEY bupuet hn'p0 WG ]v1Y i MnY Ch.11n Cl a19a0 ALLV61ON LIC. .mo s. amncua ar. aunt ua rwWune leel) m -em ru MII m-mn ' Yr. nle. 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(NI) .-8.1' ° I a (NI) N+ -M � 1111111 1111111 A111111 I IIIIIIII 111111111 I X11, 111 I IIII1111 I 11111111 / Il elllll II CII IIII � l millll� � II IIII 1 Il lmlll I ii/I1111111 I �TII11I yl l5/l ll�l l I 1111 11111 �I )fI 11 llltj it i III ' it r1 I I - 1 1 1 1 1 1 1 Illy l'1j � iIIIIIIIII,A !µ 4- j- fiti III IIIIIIIII it 1111111 ��Illlllll IIIIIIIII oil l l jI I I ip IIIhI�I III IE �i �llllj��ll )1 i!! TOPOGRAPHIC SURVEY ,1 5 TOPOGRAPHIC SURVEY Y ji�ll[;tl�� Q Q y �3.�� Jill I € 1 11 • iil Y f i to i�1S�e€ all 1 pp ` 1F if In Frit! s@G a 1 •�t 1 fl i� ' to €al �gt �'!�will ��� �� eF if Yt t €Y fi a F t F 3t� a e tie. e ' rFFit a a! t s �iWll �.I �pp t i tfY y r'i ti°i 7� Q YpItI n 1" if f IIII 1 II ♦ Y 4 tt♦ � � � (y ♦ ' F' qiI El OR Exhibit D Project Approvals including the Leases EXHIBIT D This document is a draft and is not intended to create any binding obligations. Any agreement shall be reflected in a written document signed by all parties. LA 174838-8374-4530 v1 l qy LEASE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY LA #4837-9567-7203 v11 File: 95 File: LEASE AGREEMENT THIS LEASE AGREEMENT ( "Lease"), is made and entered into as of ("Effective Date") by and between the CITY OF SANTA CLARITA, a California municipal corporation and general law city ("Landlord" or "City") and the LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, a public agency existing under the authority of the laws of the State of California ("Tenant" or "LACMTA"), and is entered into concurrently with that certain "Development Agreement for the Reduction and Relocation of Billboards" between the parties effective as of 2014 ("Development Agreement"). PART BASIC LEASE PROVISIONS Description of Premises: (DIMENSIONS AND LOCATION) Approximate area: (SQUARE FOOTAGE AND ACRES) (§1.1) 2. Premises Address: (ADDRESS AND/OR CROSS STREETS) (§1.1) 3. Commencement Date: (EFFECTIVE DATE OF AGREEMENT)(DATE PROPERTY OCCUPIED) (§1.2) 4. Term: 50 years 5. Rent: 6. Use of Premises: (§3.0) The installation, repair, maintenance, operation, and, if necessary, replacement, reconstruction, or upgrade of an outdoor advertising structure that has a double -sided digital display face, with each face having a display area of approximately 672 square feet as further described and depicted on Exhibit "B" ("Digital Sign"). 7. Insurance (See Exhibit "C") (§11.2) 8. Landlord's Address: (§19.16) City of Santa Clarita Santa Clarita City Hall 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Attn: Planning Director -1- LA #4837-9567-7203 v11 Irl -2 - LA #4837-9567-7203 A 1 q l 9. Tenant's Address: (§19.16) Los Angeles County Metropolitan Transportation Authority One Gateway Plaza - 13th Floor Los Angeles, CA 90012-2952 Attn: Deputy Executive Officer, Real Estate With a copy to Greg Smith, CEO All Vision LLC 420 Lexington Ave., Suite 1601 New York, NY 10170 Robert W. Micsak Managing Director and President All Vision LLC 6200 S. Syracuse Way, Suite 125 Greenwood Village, CO 80111 The foregoing Basic Lease Provisions and the General Lease Provisions set forth in attached Part II are incorporated into and made part of this Lease. -3- LA #4837-9567-7203 v11 92 IN WITNESS WHEREOF, this Lease Agreement has been duly executed, in duplicate, by the parties hereto as of the date first above written. waive 1 elltel CITY OF SANTA CLARITA Name: Title: TENANT: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Name: Velma C. Marshall Title: Deputy Executive Officer, Real Estate 0 LA #4637-9567-7203 A 1 9q INDEX TO LEASE AGREEMENT - PART II Section 1. PREMISES AND TERM 2. RENT 3. USE OF PREMISES AND OPERATION OF THE DIGITAL SIGN 4. HAZARDOUS MATERIALS 5. ASSUMPTION OF RISK AND WAIVER 6. TAXES 7. MAINTENANCE AND REPAIR 8. ALTERATIONS, LIENS AND SIGNS 9. UTILITIES 10. DAMAGE OR DESTRUCTION 11. INSURANCE AND INDEMNIFICATION 12. LANDLORD'S RIGHT OF ACCESS 13, ASSIGNMENT AND SUBLETTING 14. CONDEMNATION 15. SURRENDER 16. QUIET ENJOYMENT 17. EVENTS OF DEFAULT; LANDLORD'S REMEDIES 18. TENANT'S REMEDIES 19. GENERAL PROVISIONS Exhibits: "A" Description and Site Plan of the Premises "B" Digital Sign Plan "C" Insurance Requirements for Leases, Licenses and Permits "D" Permitted Hazardous Materials "E" Advertising Restrictions LA #4837-9567-7203 v11 Page 1 1 2 4 6 6 6 7 7 7 8 10 10 11 11 12 12 14 14 T" Rent Schedule LA #4837-9567-7203 v11 �D� PART II - GENERAL LEASE PROVISIONS 1. PREMISES AND TERM 1.1 Lease of Premises. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord certain premises ("Premises") described and depicted on the attached Exhibit "A". The Premises refer to the land shown on the site plan plus all improvements including the Digital Sign now or hereafter located thereon, if any (collectively, the "Improvements"). The Premises, adjoining real property of Landlord and personal property of Landlord located thereon, is collectively referred to as the "Landlord Property'. 1.2 Term. The term of this Lease commences on the "Commencement Date" specified in Item 3 of the Basic Lease Provisions, and will continue, unless sooner terminated in accordance with the provisions of this Lease, for the period specified in Item 4 of the Basic Lease Provisions. The term of this Lease as provided above is referred to as the "Term". Beginning at least two years prior to the expiration of the initial Term (i.e., year 48), Landlord and Tenant will review the status of the Lease and will meet and confer in good faith regarding a potential extension of the Lease and the applicable terms and conditions of such an extension; provided, however, that neither party is obligated to agree to any such extension. Tenant hereby expressly recognizes and agrees that the Premises is located on Landlord Property that may be developed for public projects and programs, which may be implemented by Landlord or other public or private entities (collectively, "Projects"), and that Tenant's use of the Premises under this Lease is subject to such Projects so long as such Projects do not unreasonably interfere with Tenant's use of the Premises. Notwithstanding the foregoing, if Tenant has failed to either (a) cause the commencement of construction of the Digital Sign under a City - issued building permit by the fifth anniversary of the Commencement Date, or (b) obtain the final approval from City's building department for the construction of the Digital Sign within 66 months of the Commencement Date, then this Lease will automatically terminate unless amended, in Landlord's sole discretion, to allow Tenant additional time to construct and initiate the operation of the Digital Sign. 1.3 Future Need of Leased Property. In the event Landlord in its reasonable discretion, determines that it, at any time, or from time to time, requires possession of a portion of the Premises for a Project, after Landlord reviews and exhausts all other reasonable options, Tenant must, upon at least 180 days' prior written notice from Landlord, relocate any Improvements made by Tenant to another portion of the Premises or the Landlord Property in accordance with Landlord's notice; provided, however, that no such required relocation will materially diminish the advertising value of the Digital Sign. The cost of such relocation will be borne by the proponent of the Project. 1.4 Condition of Premises. The Premises are leased in "AS IS" condition and any grading, paving or fencing that may be necessary to meet Tenant's needs will be the sole responsibility of Tenant. Tenant acknowledges that it has inspected and accepts the Premises in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Tenant will be conclusive to establish that the Premises are in good and satisfactorycondition when possession is taken. Other than 1 - LA #4837-9567-7203 v11 Landlord's representation that it owns the Premises, Landlord makes no warranties or representation as to the suitability of the Premises for Tenant's intended use, including, without limitation, as to visibility, traffic count or any other factors. [For Remsen Site Only:] Notwithstanding any other provision of this Lease, the parties acknowledge based on that certain "Phase 1 Environmental Site Assessment, Remsen Street and Sierra Highway, Newhall, California" prepared by Geosyntec consultants dated May 31, 2013 (attached as Exhibit "_") (the "Phase 1 Report"), that the Premises may contain contamination or Hazardous Materials, as defined in Section 4.1 below, even though no government regulatory agency has ever confirmed the presence of any such contamination or Hazardous Materials or required the clean up or remediation of the Premises. Nevertheless, Landlord agrees to be solely responsible for: (i) any existing contamination or Hazardous Materials on or about the Premises, and (ii) the existing condition of the Premises as of the Effective Date, which includes, but is not limited to, the potential conditions documented in the Phase 1 Report. 2. RENT 2.1 Rent. Tenant agrees to pay as "Rent" to Landlord sixty-five percent (65%) of the Net Revenue derived from the Digital Sign. The Rent will be payable in quarterly installments covering the period of the prior three months (i.e., end of March, June, September, and December). Each quarterly installment for the period will be due on or before 30 days following the end of such quarter. See Exhibit "F" (Rent Schedule) for further details regarding the calculation and payment of the Rent. 2.2 Revenue Report. Tenant will cause to be prepared and submitted to Landlord with its Rent payment a detailed report of all Gross Revenue collected during the applicable period from the Digital Sign as well as applicable deductions resulting in the calculation of the Net Revenue for such period ("Revenue Report"). Tenant or its licensee must maintain all records related to the calculation of Gross Revenue and Net Revenue in accordance with generally accepted accounting principles for a minimum period of three years. 2.3 Audit. Landlord is entitled at any time after its receipt of any Revenue Report, to examine and audit all the books and records of Tenant or its licensee relating in any way to the ownership, maintenance and operation of the Digital Sign and any media displayed on the Digital Sign, including without limitation (i) all payments received or made with respect to the Premises, (ii) all agreements relating to the Premises, and (iii) any other records relevant to the determination of Gross Revenue and Net Revenue under this Lease. Landlord may conduct such audits using its own employees, a management agent or consultant or an independent accountant. Tenant will provide Landlord with access to such books and records upon not less than 15 days' prior written notice, and will make such books and records available at Tenant's offices in the Los Angeles, California metropolitan area. If such audit reveals a shortfall in the Landlord's share of the Net Revenue of 10% or more, then Tenant must immediately pay to Landlord upon the submission of an invoice -2- LA #4837-9567-7203 v11 from the auditor the cost of such audit; otherwise, the cost of the audit will be paid by the Landlord. 2.4 Additional Consideration. As additional consideration for this Lease, and excluding the Existing Metro Billboards identified in the Development Agreement, LACMTA covenants that it will not permit at any time during the term of this Lease, the erection or operation of any new "off-site sign" as defined in Chapter 17.11 of the Santa Clarita Municipal Code on any property owned or controlled by LACMTA within the boundaries of the City of Santa Clarita. USE OF PREMISES AND OPERATION OF THE DIGITAL SIGN 3.1 Outdoor Advertising Use. The Premises may be used only for the purposes specified in Item 6 of the Basic Lease Provisions and in this section, and for such other lawful purposes as may be directly incidental thereto. Tenant is responsible for and must obtain any and all licenses and permits necessary for any such use. Tenant must comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and operation of the Digital Sign including, without limitation, the Outdoor Advertising Act (California Business & Professions Code §5400 and following) and regulations promulgated in connection therewith (collectively, the "Act"). Without limiting the generality of the foregoing, and subject to Section 8 below, Tenant must install and construct all physical improvements needed to serve the Premises and the Digital Sign, which are required by any federal, state or local building code or other law or regulation applicable to the Premises or the Digital Sign (including, without limitation, the Act), or are made necessary by the nature of Tenant's use of the Premises. Tenant must promptly comply with all governmental orders and directives in connection with its use of the Premises. Tenant must protect from damage all underground and aboveground installations and improvements, such as pipes, fiber optic lines, and wires, on Landlord Property that may be impacted by any work or any use of the Premises by Tenant. 3.2 Fees and Charges. Tenant must cause to be paid all costs for any permits fees, or other charges associated with the use or maintenance of the Premises by any governmental agency, department, or organization, and all other labor expenses for the installation or maintenance of any permitted Improvements. All such expenses will be subject to the applicable cost sharing formula set forth in Exhibit "F" ("Rent Schedule"). Copies of permits are to be readily available for inspection by Landlord personnel. 3.3 Advertising. Tenant agrees that it will not display or allow to be displayed on the Digital Sign any advertising, content or message that is not consistent with the advertising criteria set forth in Exhibit "E" ("Advertising Restrictions"). Subject to the provisions of this Section 3 and Exhibit "E", Tenant will otherwise have sole control over the advertising to be displayed on the Digital Sign and will be solely liable for the content of such messages. 3.4 Removal of Prohibited Advertising. Tenant must, within 48 hours after written demand from Landlord, at Tenant's risk and expense, remove any advertising material or message that is Prohibited Advertising under this Lease. If Tenant fails to promptly cause the removal of such advertising, Landlord may (but is not be required to), -3- LA W37-9567-7203 v11 ^) VH without further process of law, remove the advertising or shut down electric power and/or telecommunications lines to the Digital Sign or other Improvements. Tenant must reimburse Landlord's costs of such actions upon demand and will bear the risk of any damage to the Digital Sign or other Improvements resulting from such actions. Landlord may exercise such remedies without prejudice to any other remedies it may be entitled to exercise under this Lease, at law or in equity. 3.5 Local Advertisers. Tenant agrees to ensure that businesses or organizations located within the City or residents of the City will be able to purchase advertising on the Digital Sign in such manner and at such rates as offered to businesses, organizations or persons located or residing outside of the City and that it will not permit any exclusivity contracts or arrangements with advertisers that would violate this covenant. 3.6 City Promotional Messages. The parties agree that City may, at no cost to City, utilize up to 6.25% of the advertising time of the Digital Sign each month to promote the City of Santa Clarita, any municipal service provided by City to its residents, or public events sponsored by the City ("City Promotional Messages"). To the extent that commercial advertising time is unsold and available, the parties further agree to allocate, at no cost to City, up to 6.25% of additional advertising time on the Digital Sign each month for City Promotional Messages. As set forth above, the parties intend that the City will have at least 6.25% of the total advertising time on the Digital Sign per month available for City Promotional Messages and may have up to 12.5% of the total advertising time each month if space is available. All City Promotional Message content will be provided by City at its sole cost and expense. In order to ensure the timely display of each City Promotional Message, City will endeavor to provide its message content at least three months in advance of the requested date for display of the content, but Tenant will use reasonable commercial efforts to accommodate City Promotional Message requests whenever the content is provided. All City Promotional Messages must be in a format and consistent with such specifications and protocols as may be provided by Tenant from time to time. Tenant will have no liability whatsoever for the content, art or copy of any City Promotional Message provided by or on behalf of City and such content, art and copy will, at all times, be subject to reasonable approval by Tenant. 3.7 Emergency Messages. Landlord also has the right to display emergency messages on the Digital Sign during emergencies that involve the need to reach the traveling public at -large. For purposes of this Lease, an "emergency" means a bona -fide emergency involving the public health, safety and welfare as reasonably determined by the City Manager of City, the Captain or Commander of the Santa Clarita Valley Police Station or the Fire Chief of the Los Angeles County Fire Department, or their designees, acting in their official capacities. An "emergency" does not include traffic updates, routine traffic advisories or road advisories for previously scheduled maintenance, repair or improvement work. Landlord may display any emergency messages without interruption for up to one (1) hour and intermittently thereafter for a particular emergency. 3.8 LACMTA Transit Messages. The parties agree that LACMTA may provide transit informational messages and promote the use of LACMTA services and other regional public transit services ("Transit Messages") on the Digital Sign for up to -4- LA #4837-9567-7203 v11 6.25% of the advertising time of the Digital Sign each month. To the extent that advertising time is unsold and available, including any City Promotional Messages (as set forth in Section 3.6), which will have priority over additional Transit Messages, LACMTA may also utilize up to an additional 6.25% of the advertising time on the Digital Sign for Transit Messages each month. As set forth above, the parties intend that the LACMTA will have at least 6.25% of the total advertising time on the Digital Sign per month available for Transit Messages and may have up to 12.5% of the total advertising time each month if space is available. All Transit Message content will be provided by LACMTA at its sole cost and expense. 3.9 Collocation of Wireless Facilities. SCMC section 17.26.100.(G).7 permits the collocation of wireless telecommunications facilities on the Digital Sign. If mutually desired, the parties agree to permit and cause any subtenants or licensees to permit the collocation of wireless telecommunications facilities on the Digital Sign. City may approve such facilities in accordance with the applicable provisions of the SCMC; provided that any such collocated wireless telecommunications facility is erected and maintained in a manner that does not interfere with the operation of the Digital Sign or the ability of the Digital Sign to generate revenue from outdoor advertising. All revenues generated by such collocated wireless telecommunications facilities will not be considered part of the Gross Revenue generated by the Digital Sign and will be divided between Landlord and Tenant in the same proportion as Net Revenues, or in such other manner as the parties may agree. The parties further agree that prior to permitting the collocation of any wireless telecommunications facilities on the Digital Sign, the parties will agree upon the allocation of responsibility for the installation and maintenance of the wireless telecommunications facilities. 4. HAZARDOUS MATERIALS 4.1 Tenant Hazardous/Toxic Materials Use and Indemnity. Tenant must operate and maintain the Premises in compliance with all, and may not cause or permit the Premises to be in violation of any federal, state or local environmental, health and/or safety related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adopted in the future which are or become applicable to Tenant or the Premises ("Environmental Laws"). Except for Hazardous Materials expressly approved by Landlord in writing as shown on Exhibit "D", Tenant may not cause, or allow any of Tenant's employees, agents, customers, visitors, invitees, licensees, contractors, assignees, or subtenants (collectively, "Tenant's Parties") to cause or permit any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or about the Premises. Any Hazardous Materials on the site must be stored, used, generated and disposed of in accordance with all applicable Environmental Laws. As used herein, "Hazardous Materials" means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects. Tenant must indemnify, defend (by counsel acceptable to Landlord) and hold harmless Landlord and its officials, officers, employees, agents, contractors, successors and assigns (individually and collectively, "Landlord Indemnitees"), from and against all loss, liability, claim, damage, costs and expenses (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys' fees, and consulting, engineering, -5- LA #4837-9567-7203 v11 and construction fees and expenses) incurred by Landlord Indemnitees as a result of (a) Tenant's breach of any prohibition or provision of this section or (b) any release of Hazardous Materials upon or from the Premises or contamination of the Premises or adjacent property (i) which occurs due to the use and occupancy of the Premises by Tenant or Tenant's Parties, or (ii) which is made worse due to the act or failure to act of Tenant or Tenant's Parties. The foregoing indemnity will be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Landlord Indemnitees, unless caused solely by the gross negligence or willful misconduct of Landlord Indemnitees; will survive termination of this Lease; and is in addition to any other rights or remedies which Landlord Indemnitees may have under the law or under this Lease. In addition, in the event of any release or contamination of the Premises caused by the negligence of Tenant or any of Tenant's Parties, Tenant, at its sole expense, must promptly take all actions necessary to clean up the affected property (including the Premises and all affected adjacent property) and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of Landlord and any governmental authorities having jurisdiction over the Premises. 4.2 Landlord Hazardous/Toxic Materials Use and Indemnity. Except for Hazardous Materials expressly approved by Landlord as shown on Exhibit "D", Landlord may not cause, or allow any of Landlord's employees, agents, or contractors, (collectively, "Landlord's Parties") to cause or permit any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or about the Premises. Landlord further agrees to comply with all Environmental Laws with respect to its operations and use of the Landlord Property. Landlord agrees to indemnify, defend (by counsel acceptable to Tenant) and hold harmless Tenant and its subsidiaries, and their respective directors, officials, officers, employees, agents, contractors, successors and assigns (individually and collectively, "Tenant Indemnitees"), from and against all loss, liability, claim, damage, costs and expenses (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys' fees, and consulting, engineering, and construction fees and expenses) incurred by Tenant Indemnitees as a result of any breach of this section or any existing condition, contamination or Hazardous Materials, which may be present on or about the Premises or Landlord Property [including without limitation as disclosed in the Phase 1 Report — Remsen only], or release of Hazardous Materials upon or from the Premises or contamination of the Premises or adjacent property (i) which occurs due to the use and occupancy of the Premises or Landlord Property by Landlord, or (ii) which is made worse due to the act or failure to act of Landlord or Landlord's Parties. The foregoing indemnity will be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Tenant Indemnitees, unless caused solely by the gross negligence or willful misconduct of any Tenant Indemnitees; will survive termination of this Lease; and is in addition to any other rights or remedies which Tenant Indemnitees may have under the law or under this Lease. In addition, in the event of any release or contamination of the Premises caused by the -6- LA #4837-9567-7203 v11 100 negligence of Landlord or any of Landlord's Parties, Landlord, at its sole expense, must promptly take all actions necessary to clean up the Premises and to return the Premises to the condition existing prior to such release or contamination, to the satisfaction of any governmental authorities having jurisdiction over the Premises. 4.3 Importation of Soil/Fill Dirt. Tenant may not bring upon or use any imported soil or fill dirt on the Premises in conjunction with any purposes allowed under this Lease, until it has been laboratory tested by a certified hazardous waste testing laboratory and the test results have been approved by Landlord. 4.4 Tests and Inspections. Upon reasonable prior notice to Tenant, Landlord will have the right at any time to inspect the Premises so as to monitor compliance with this Lease. If, in Landlord's reasonable judgment, any installation on, or use or condition of the Premises directly caused by Tenant may have an adverse effect on the Premises, adjacent property or Landlord's operations, Landlord will be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the Premises, as it determines to be necessary or useful to evaluate the condition of the Premises. Tenant must cooperate with Landlord in any tests or inspections deemed necessary by Landlord. 5. [INTENTIONALLY OMITTED] If applicable, Tenant will be liable for all taxes levied or assessed against Tenant's possessory interest in and to real property, personal property, furniture, fixtures, and equipment located or placed on the Premises under this Lease, whether owned by the Tenant, or otherwise. The possessory interest created by the Lease may be subject to property taxation so that Tenant may be subject to the payment of property taxes levied on the interest and Tenant also agrees to pay before delinquency any and all possessory interest taxes due and arising from this Lease. The foregoing statement is included to comply with California Revenue and Taxation Code Section 107.6. 7. MAINTENANCE AND REPAIR Tenant will be responsible for maintaining the Premises and Improvements subject to Section 10 below. Tenant must keep the Premises and Improvements clean, safe, sanitary and free and clear of debris, weeds, trash, vegetation, unauthorized vehicle parking, graffiti and occupancy by transients/homeless persons or individuals. Tenant further agrees to ensure that the Improvements will not unreasonably impede or interfere with the use or operation of the Landlord Property. As used herein, "maintain" means, as applicable, construct, install, paint, service, repair, alter, maintain, reconstruct, reinstall, replace, upgrade or remove. Subject to Landlord's reasonable consent, Tenant will be entitled to trim or remove vegetation on the Premises and any adjacent property owned or controlled by Landlord that obstructs the view of the Digital Sign from adjacent thoroughfares subject to compliance with City's applicable laws, including its Oak Tree Ordinance. At Tenant's option, Tenant must construct a wrought -iron fence or barricade, of a type approved in writing by Landlord, either (a) around the base of the Digital Sign structure, -7- LA #4837-9567-7203 v11 `O� or (b) along the boundary lines of the Premises adjoining other property owned by Landlord. 8. ALTERATIONS, LIENS AND SIGNS 8.1 Alterations. Except for the Improvements including the Digital Sign and the use of the Premises as described in Section 3, Tenant may make no additional alterations, additions or improvements to the Premises without obtaining the prior written consent of Landlord in each instance. Tenant must notify Landlord in writing at least 30 days prior to the commencement of any such work in or about the Premises. If Landlord consents to the construction of any additional improvements by Tenant, all such construction work must be carried out in compliance with any and all state and City rules, regulations and requirements. 8.2 Liens. Tenant has no authority to create or place any lien or encumbranceof any kind or nature whatsoever upon the interest of Landlord or Tenant in the Premises for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises. Tenant must discharge of record by payment, bonding or otherwise any claim of lien or stop notice filed against the Premises on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises immediately upon the filing of any claim of lien or stop notice. Tenant must indemnify and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims, liens or stop notice against the leasehold estate or against the right, title and interest of Landlord in the Premises or this Lease arising from the act or agreement of Tenant. If Tenant becomes aware of the placing of a lien, stop notice, or encumbrance against the Premises, Tenant agrees to give Landlord immediate written notice of the placing of any lien or stop notice or encumbrance against the Premises. Notwithstanding the above, Tenant may, with Landlord's reasonable written consent, encumber the Digital Sign and its other permitted Improvements. 8.3 Signs. Except for the Digital Sign, Tenant may not, erect or install any other signs, decorations or advertising media of any type which can be viewed from outside the Premises. 9. UTILITIES Tenant must cause to be paid for all water, gas, electrical, heat, light, telephone, sewer and other utilities and services used on or from the Premises directly to the utility providing the same. If any utility company requires a license or permit from Landlord to cross property of Landlord other than the Premises before services will be provided Landlord may charge Tenant a fee to cover the expense of preparing and processing each such license or permit. Notwithstanding the above, these expenses will be shared among Landlord and Tenant as provided in Exhibit "F" ("Rent Schedule"). 10. DAMAGE OR DESTRUCTION LA #4837-9567-7203 v11 10.1 Duty to Repair or Replace Digital Sign. Landlord acknowledges and agrees that regardless of any changes in the Applicable Rules (as defined in the Development Agreement), that this Lease will continue in full effect if: (a) the Digital Sign is damaged or destroyed in whole or part by any cause covered by the All Risk insurance Tenant is required to maintain under Exhibit "C", or (b) if not covered by such All Risk insurance, then if the cost to repair the damage is less than or equal to two times the Gross Revenue for the Digital Sign for the preceding two years. Tenant must repair or replace the Digital Sign at no cost to Landlord using the insurance proceeds Tenant receives or is entitled to receive under the required All Risk policy. All costs that exceed the insurance proceeds, or if not covered by insurance, will be allocated as a Capital Expense between the parties in accordance with Exhibit "F". Tenant must promptly apply for, and diligently pursue the issuance of, any permits or approvals it needs to repair or replace the Digital Sign, and Landlord agrees to promptly process any required application. Within 30 days after obtaining the necessary permits and approvals, Tenant must cause to begin the work to repair or replace the Digital Sign. Tenant must cause the work to be completed within 180 days after the work begins. If the cost to repair any uninsured damage is greater than two times the Gross Revenue for the Digital Sign for the preceding two years, then Tenant may terminate this Lease and surrender the Premises in accordance with Section 15. 10.2 Election Not to Repair or Replace Digital Sign. Tenant may also elect not to repair or replace the Digital Sign if (a) the cost to repair or replace it exceeds 50% of its fair -market value immediately before it is damaged or destroyed; and (b) the damage or destruction occurs during the last five (5) years of the Term. If Tenant elects not to repair or replace the Digital Sign, then Tenant must (a) notify the Landlord in writing of its election; and (b) use the insurance proceeds Tenant receives for the damage or destruction to remove the Digital Sign and restore the Premises in accordance with Section 15. Upon removal of the Digital Sign and the restoration of the Premises, this Lease will terminate. 11. INSURANCE AND INDEMNIFICATION 11.1 Landlord's Insurance. Landlord may maintain insurance covering the Premises and Landlord's ownership and operation thereof in such types and amounts as it deems necessary in its sole discretion. Such insurance must be for the sole benefit of Landlord and under its sole control. Tenant's insurance policies must provide primary coverage to Landlord; when any such policy issued to Landlord provides duplicate coverage or is similar in coverage, Landlord's policy will be excess over Tenant's policies. 11.2 Tenant's Insurance Obligations. For claims or liabilities for personal injury or death, or property damage arising under this Lease, including Tenant's use of the Premises and the Digital Sign, Tenant represents that it is self-insured and relies on excess insurance layers to cover liabilities in excess of its self-insured retention. Tenant will provide Landlord with reasonable evidence of such coverages upon request and will promptly notify Landlord in writing of any changes in the amount of its self-insurance or the availability of sufficient reserves in order to pay any claims or liabilities up to the stated amount of self-insurance. Tenant must require any licensees to maintain in full force and effect during the Term of this Lease insurance in the amounts and coverages and issued by an insurer in accordance with the requirements of Exhibit "C". Landlord -9- LA #4837-9567-7203 v11 will share in the cost of any premiums or assessments for insurance required to be maintained by Tenant under this Lease as an Operational Expense in the manner provided in Exhibit "F" of this Lease. 11.3 Tenant Indemnification. Tenant, on behalf of itself and its successors and assigns, agrees to indemnify, defend (by counsel satisfactory to Landlord), and hold harmless Landlord, its officials, officers, commissioners, employees, agents, successors and assigns (individually and collectively, "Landlord Indemnitees") to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts' and attorneys' fees), that are incurred by or asserted against Landlord Indemnitees arising out of or connected in any manner with (i) the acts or omissions to act of the Tenant in connection with the Premises or arising from the presence upon or performance of activities by Tenant with respect to the use of the Premises; (ii) bodily injury to or death of any person (including employees of Landlord Indemnitees) or damage to or loss of use of property resulting from such acts or omissions of Tenant; (iii) non performance or breach by Tenant of any term or condition of this Lease; (iv) the character or contents of subject matter displayed from the Digital Sign (except pertaining to any City Promotional Messages); (v) any actual or alleged infringement of any intellectual property right relating to the Digital Sign or any subject matter displayed on the Digital Sign (except pertaining to any City Promotional Messages); (vi) any violation of applicable law by Tenant; and (vii) any legal action or proceeding brought to challenge the validity of this Lease or any other permit or approval that authorizes the installation and use of the Digital Sign on the Premises, in each case whether occurring during the Term of this Lease or thereafter. As used in this section, "Tenant" includes Tenant and its subsidiaries, and their respective officials, officers, directors, employees, agents, subtenants, licensees, or contractors. The foregoing indemnity will be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Landlord Indemnitees, unless caused solely by the gross negligence or willful misconduct of Landlord Indemnitees; will survive termination of this Lease; and is in addition to any other rights or remedies which Landlord Indemnitees may have under the law or under this Lease. Claims against the Landlord Indemnitees by Tenant may not limit the Tenant's indemnification obligations hereunder in any way, whether or not such claims against Landlord Indemnitees may result in any limitation on the amount or type of damages, compensation, or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts or other employee benefit acts or insurance. 11.4 Landlord Indemnification. Landlord, on behalf of itself and its successors and assigns, agrees to indemnify, defend (by counsel satisfactory to Tenant), and hold harmless Tenant, its subsidiaries, and their respective directors, officials, officers, commissioners, employees, agents, successors and assigns (individually and collectively, "Tenant Indemnitees") to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including -10- LA #4837-9567-7203 v11 consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts' and attorneys' fees), that are incurred by or asserted against Tenant Indemnitees arising out of or connected in any manner with (i) the acts or omissions to act of Landlord in connection with the Premises or arising from the presence upon or performance of activities by Landlord with respect to the use of the Premises; (ii) bodily injury to or death of any person (including employees of Tenant Indemnitees) or damage to or loss of use of property resulting from such acts or omissions of Landlord; (iii) non performance or breach by Landlord of any term or condition of this Lease; (iv) any violation of applicable law by Landlord; (v) any actual or alleged infringement of any First Amendment right relating to Tenant's compliance with or implementation of Landlord's advertising criteria set forth in Exhibit "E"; and (vi) any claim challenging the validity of the Rent. As used in this section, "Landlord" includes Landlord and its officials, officers, directors, employees, agents, licensees, contractors, or subcontractors. The foregoing indemnity will be effective regardless of any negligence (whether active, passive, derivative, joint, concurring or comparative) on the part of Tenant Indemnitees, unless caused solely by the gross negligence or willful misconduct of Tenant Indemnitees; will survive termination of this Lease; and is in addition to any other rights or remedies which Tenant Indemnitees may have under the law or under this Lease. Claims against the Tenant Indemnitees by Landlord may not limit the Landlord's indemnification obligations hereunder in any way, whether or not such claims against Tenant Indemnitees may result in any limitation on the amount or type of damages, compensation, or benefits payable by or for Landlord under workers' compensation acts, disability benefit acts or other employee benefit acts or insurance. 12. LANDLORD'S RIGHT OF ACCESS Tenant will permit Landlord and its agents, at all reasonable times and at any time in case of emergency, in such manner as to cause as little disturbance to Tenant as reasonably practicable (a) to enter into and upon the Premises to inspect them or to protect Landlord's interest therein, (b) to take all necessary materials and equipment onto the Premises, and perform necessary work thereon, and (c) to perform environmental testing, monitoring, sampling, digging, drilling and analysis for Hazardous Materials on, under or about the Premises. 13. ASSIGNMENT AND SUBLETTING 13.1 Landlord's Consent. Tenant may not assign all or any portion of its interest in this Lease, whether voluntarily, by operation of law or otherwise, and may not sublet all or any portion of the Premises, including, but not limited to, sharing them, permitting another party to occupy them or granting concessions or licenses to another party, except with the prior written consent of Landlord, which Landlord may withhold in its reasonable discretion. Subject to Landlord's reasonable discretion, Tenant is also permitted to assign a portion of its interest in this Lease to Tenant's "Sign Manager' to construct, develop, implement and operate the Digital Sign. Landlord hereby approves All Vision, LLC, a Delaware limited liability company, as Tenant's initial Sign Manager. -11- LA #4837-9567-7203 v11 13.2 Fees. Tenant must pay Landlord's reasonable attorneys' fees incurred in evaluating any proposed assignment or sublease and in documenting Landlord's consent. 13.3 Procedure, Whenever Tenant has obtained an offer to assign any interest in this Lease or to sublease all or any portion of the Premises, Tenant must provide to Landlord the name and address of said proposed assignee or sublessee, all compensation, the proposed use by the proposed assignee or sublessee, the proposed effective date of the assignment or subletting, and any other business terms which are material to the offer and which differ from the provisions of this Lease ("Notice of Offer"). Tenant must also provide to Landlord the nature of business, financial statement and business experience resume for the immediately preceding five years of the proposed assignee or sublessee and such other information concerning such proposed assignee or sublessee as Landlord may require. The foregoing information must be in writing and must be received by Landlord no less than 30 days prior to the effective date of the proposed assignment or sublease. Within 30 days of receiving a complete Notice of Offer for the proposed assignment or subletting, Landlord must either notify Tenant that Landlord consents to the proposed assignment or subletting or withholds its consent for reasons to be specified in the notice. If Landlord does not provide a notice granting its consent to Tenant within 30 days of receiving a Notice of Offer, Landlord will be deemed to have withheld its consent to the proposed assignment or subletting, and Landlord's reasons for such action will be furnished to Tenant upon request. 13.4 Continuing Tenant Obligations. Any subleasing or assignment, even with the approval of Landlord, will not relieve Tenant from liability for payment of all forms of Rent and other charges herein provided or from the obligations to keep and be bound by the terms, conditions and covenants of this Lease. 13.5 Waiver, Default and Consent. The acceptance of Rent from any other person will not be deemed to be a waiver of any of the provisions of this Lease or a consent to the assignment or subletting of the Premises. Any assignment or sublease without Landlord's prior written consent will be voidable, at Landlord's election, and will constitute a default hereunder. Consent to any assignment or subletting will not be deemed a consent to any future assignment or subletting. 14. CONDEMNATION 14.1 Total Taking. If the whole or any substantial part of the Premises, as determined by Landlord, should be taken or damaged because of the exercise of the power of eminent domain, whether by condemnation proceedings or otherwise, including acts or omissions constituting inverse condemnation, or any transfer of the Premises or portion thereof in avoidance of the exercise of the power of eminent domain (collectively, a "Taking"), and the Taking would prevent or materially interfere with the use of the Premises for the purpose for which they are being used, as determined by Landlord, this Lease will terminate effective when the physical Taking of the Premises occurs. Notwithstanding the foregoing, any cancellation of this Lease by Landlord as provided in Section 17.2.1, for any reason, including but not limited to a decision by Landlord to use -12- LA #4837-9567-7203 v11 the Premises itself or for any public purpose, will not be a "Taking", and no rights will accrue to Tenant under this Section 14 or otherwise. 14.2 Partial Taking. If part of the Premises is subject to a Taking and this Lease is not terminated as provided in Section 14.1 above, this Lease will not terminate. 14.3 Condemnation Award. The entire award or compensation for any Taking of the Premises, or any part thereof, or for diminution in value, will be the property of Landlord and Tenant hereby assigns its interest in any such award to Landlord. The parties' interests in any award for the taking of any interest in this Lease or the Digital Sign, including loss of business and goodwill, will be allocated in proportion to the parties' respective percentage payments for the Capital Expenses, Entitlement Expenses and Upgrade Expenses, as applicable, under Exhibit "F" (Rent Schedule) of this Lease. 14.4 Exclusive Remedy. This Section 14 will be 'Tenant's sole and exclusive remedy in the event of any Taking. Tenant hereby waives the benefits of California Code of Civil Procedure Section 1265.130. 15. SURRENDER 15.1 Upon termination or expiration of this Lease, and unless otherwise agreed by Landlord and Tenant, Tenant must, at its sole cost and expense, completely remove the Digital Sign, including, but not limited to, any structure or facility erected or maintained as part of or in relation to the Digital Sign, from the premises within 90 days from receipt of demolition permits from the City for such removal. Removal of the Digital Sign will be in accordance with any applicable federal, state, or local regulations, including regulations of the City. Tenant will, at its sole cost and expense, secure any required permit to remove and properly transport the Digital Sign from the Premises. 15.2 In the event that Tenant fails to timely remove the Digital Sign as provided in Section 15.1, Landlord may remove the Digital Sign and dispose of same and exercise its rights below to pay for such removal. Any such removal of the Digital Sign by Landlord after the termination or expiration of this Agreement will not entitle Tenant to any damages of any kind whatsoever against Landlord, and Tenant hereby releases the Landlord, its officers, employees, agents or contractors from any claims or liabilities, for any action by the Landlord, its officers, employees, agents or contractors in removing the Digital Sign. Should Landlord be required to exercise its rights under this Section 15.2 due to Tenant's failure to comply with this Section, or should Tenant fail to pay all costs and expenses of removal of the Digital Sign, Tenant will be liable to Landlord to pay any reasonable expenses incurred by Landlord in exercising its rights under this Section 15.2 and will pay Landlord such costs within no more than 10 days following Landlord's delivery of an invoice itemizing such expenses and demanding payment for the same. 16. QUIET ENJOYMENT Landlord represents and warrants that it has full rights and authority to enter into this Lease and that Tenant, upon paying the Rent herein set forth and performing its other covenants and agreements herein set forth, will peaceably and quietly have, hold and enjoy the Premises for the Term without hindrance or molestation from Landlord, subject -13- LA #4837-9567-7203 v11 M to the terms and provisions of this Lease and all matters of record. 17. EVENTS OF DEFAULT; LANDLORD'S REMEDIES 17.1 Events of Default. Tenant will be deemed to be in default under this Lease when any of the following occurs: 17.1.1 Tenant fails to pay any installment of the Rent when due, or any other payment or reimbursement to Landlord required herein when due and such failure to pay continues for 15 days after written notice to Tenant. This default does not include the failure to pay any Rent to the extent that funds have not been timely transferred by the Bank as further described in Exhibit "F". 17.1.2 Tenant does not pay any financial obligations under this Lease as they become due and such failure to pay continues for 15 days after written notice to Tenant. 17.1.3 Tenant admits in writing the inability to pay its obligations or makes a general assignment for the benefit of creditors; a receiver or trustee (or similar official) is appointed for all or substantially all of the assets of Tenant; or the filing of any voluntary petition by Tenant under the Bankruptcy Code, or the filing of an involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of 45 days; or the attachment, execution or other judicial seizure or non judicial seizure of all or substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease or the Premises, if such attachment or other seizure remains undismissed or undischarged for a period of 10 business days after the levy thereof. 17.1.4 Tenant vacates all or a substantial portion of the Premises, whether or not Tenant is in default of the Rent or other charges due under this Lease. 17.1.5 Tenant fails to comply with any other term, provision or covenant of this Lease, and does not cure such failure within 30 days after written notice thereof to Tenant, or if any such failure would reasonably require more than 30 days to cure, Tenant fails to commence curing with the 30 day notice period or fails thereafter to promptly, effectively, and continuously proceed with the cure of such failure. Such notice will be in lieu of and not in addition to any notice required under Section 1161 of the California Code of Civil Procedure. 17.2 Landlord's Remedies. Upon the occurrence of any of the events of default described in Section 17.1, Landlord will have the option to pursue any one or more of the following remedies as allowed by law: 17.2.1 Termination. Landlord will have the right, at any time, with or without notice or demand, to terminate this Lease, and at any time thereafter to recover possession of the Premises or any part thereof and expel and remove therefrom Tenant and any other person occupying the same, by any lawful means, and again repossess and enjoy the Premises without prejudice to any of -14- LA #4837-9567-7203 A I the remedies that Landlord may have under this Lease, at law or equity by reason of Tenant's default or of such termination. 17.2.2 Damages upon Termination. Should Landlord terminate this Lease pursuant to the provisions of Section 17.2.1, Landlord, without limiting any other remedy, will have all the rights and remedies of a landlord provided by Section 1951.2 of the California Civil Code, or any successor code section. 17.2.3 Costs. If Landlord incurs any cost or expense occasioned by the default of Tenant (including but not limited to attorneys' fees and costs), then Landlord will be entitled to receive such costs together with interest on all funds Landlord expends at the lesser of ten percent (10%) per annum or the maximum rate allowed by law, the costs of removing and storing Tenant's or other occupant's property; the costs of repairing, altering, remodeling or otherwise putting the Premises into condition acceptable to a new tenant or tenants; and all reasonable expenses incurred by Landlord in enforcing or defending Landlord's right and/or remedies, including reasonable attorneys' fees whether or not suit is actually filed. 17.2.4 Remedies Cumulative. All rights, privileges and remedies of the parties are cumulative and not alternative or exclusive to the extent permitted by law except as otherwise provided herein. 17.2.5 Landlord's Cure: Reimbursement by Tenant. If Tenant should fail to make any payment, take any required action or cure any default hereunder within the time herein permitted, Landlord, without being under any obligation to do so and without thereby waiving such default, may make such payment, take such action and/or remedy such other default for the account of Tenant (and enter the Premises for such purpose), and thereupon Tenant will be obligated to, and hereby agrees, to pay Landlord, upon demand, all costs, expenses and disbursements (including reasonable attorneys' fees) incurred by Landlord in making such payment or taking such remedial action. 18. TENANT'S REMEDIES 18.1 Landlord's Default. Landlord will not be in default under this Lease unless Landlord fails to perform obligations required of Landlord within 30 days after written notice is delivered by Tenant to Landlord specifying the obligation which Landlord has failed to perform; provided, however, that if the nature of Landlord's obligation is such that more than 30 days are required for performance, then Landlord will not be in default if Landlord commences performance within such 30 -day period and thereafter diligently prosecutes the same to completion. All obligations of Landlord hereunder will be construed as covenants, not conditions. 18.2 Tenant's Remedies. Except as provided below, in the event of any default by Landlord, Tenant's exclusive remedies will be: (1) an action for specific performance; (2) or if such remedy cannot make Tenant whole, then an action for actual damages may be brought; provided, however, that Tenant expressly waives the right to any cause of action or claim for consequential, economic, or incidental damages, including lost profits, as well as any cause of action or claim for exemplary or punitive -15- LA #4837-9567-7203 01 damages; or (3) to terminate this Lease. Tenant hereby waives the benefit of any laws granting it the right to perform Landlord's obligation, the right to place a lien upon the property of Landlord and/or upon Rent due Landlord on account of any Landlord default. 19. GENERAL PROVISIONS 19.1 Time of Essence. Time is of the essence. 19.2 Binding Effect. The terms, provisions and covenants and conditions contained in this Lease will apply to, inure to the benefit of, and be binding upon, the parties hereto and upon their respective heirs, legal representatives, successors and permitted assigns, except as otherwise herein expressly provided. If more than one person executes this Lease as Tenant, then each will be jointly and severally liable for all obligations of Tenant hereunder. 19.3 Governing Law and Venue. This Lease has been negotiated and executed in the State of California and will be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Lease, the sole and exclusive venue will be a court of competent jurisdiction located in Los Angeles County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding the provisions of California Code of Civil Procedure section 394. 19.4 Captions. The captions inserted in this Lease are for convenience only and in no way define, limit or otherwise describe the scope or intent of this Lease, or any provision hereof, or in any way affect the interpretation of this Lease. 19.5 Certificates. Tenant agrees from time to time within ten (10) days after request of Landlord, to deliver to Landlord, or Landlord's designee, an estoppel certificate stating that this Lease is in full force and effect, the date to which Rent has been paid, the unexpired Term of this Lease and such other matters pertaining to this Lease as may be requested by Landlord. 19.6 Entire Agreement; Amendments. This Lease constitutes the entire understanding and agreement of Landlord and Tenant with respect to the subject matter of this Lease, and contains all of the covenants and agreements of Landlord and Tenant with respect thereto. Landlord and Tenant each acknowledge that no representations, inducements, promises or agreements, oral or written, have been made by Landlord or Tenant, or anyone acting on behalf of Landlord or Tenant, which are not contained herein, and any prior agreements, promises, negotiations, or representations not expressly set forth in this Lease are of no force or effect. This Lease may not be altered, changed or amended except by an instrument in writing signed and dated by both parties. 19.7 Waivers. The waiver by either party of any term, covenant, agreement or condition herein contained will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition herein contained, nor will any custom or practice which may grow up between the parties in the administration of this Lease be construed to waive or lessen the right of the party to insist upon performance in strict accordance with all of the provisions of this Lease. The failure of a -16- LA #4837-9567-7203 v11 1I1 party to insist upon strict performance of any of the terms, conditions, and covenants of this Lease will not be deemed a waiver of any right or remedy that party may have, and will not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions and covenants herein contained. The subsequent acceptance of Rent hereunder by Landlord will not be deemed to be a waiver of any preceding breach by Tenant of any provisions, covenant, agreement or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. 19.8 Dispute Resolution. If a dispute arises out of or relates to any aspect of this Lease and if the dispute cannot be settled through negotiation, Landlord and Tenant agree to discuss in good faith the use of mediation or other voluntary dispute resolution process before resorting to litigation. Such dispute resolution process may include any manner of dispute resolution that is mutually agreed upon by the parties. The results of any dispute resolution proceeding will not be binding upon the parties except by separate agreement approved in writing by both parties. 19.9 Survival of Obligations. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease will survive the expiration or earlier termination of the Term, including without limitation, all payment obligations with respect to Rent and all obligations concerning the condition of the Premises. 19.10 Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws effective during the Term of this Lease, then and in that event, it is the intention of the parties hereto that the remainder of this Lease will not be affected thereby, and it is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable, there be added as a part of this Lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. 19.11 Easements. Landlord reserves to itself the right, from time to time, to grant such easements, rights and dedications that Landlord deems necessary or desirable, and to cause the recordation of parcel maps, easement agreements and covenants, conditions and restrictions, so long as such easements, rights, dedications, maps and covenants, conditions and restrictions do not unreasonably interfere with the permitted use of the Premises by Tenant. Tenant must sign any of the aforementioned documents upon request of Landlord and failure to do so will constitute a material breach of this Lease. 19.12 Performance Under Protest. If at any time a dispute arises as to any amount or sum of money to be paid by one party to the other under the provisions hereof, the party against whom the obligation to pay the money is asserted will have the right to make payment "under protest" and such payment will not be regarded as a voluntary payment, and there will survive the right on the part of said party to institute suit for recovery of such sum. If it is adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party will be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. -17- LA #4837-9567-7203 v11 Ilg 19.13 No Third Party Beneficiaries. This Lease is not intended by either party to confer any benefit on any third party, including without limitations any broker, finder, or brokerage firm. 19.14 Effective Date/Nonbinding Offer. Submission of this Lease for examination or signature by Tenant does not constitute an offer or option for lease, and it is not effective as a lease or otherwise until executed and delivered by both Landlord and Tenant. Each individual executing this Lease on behalf of Landlord or Tenant represents and warrants to the other party that he or she is authorized to do so. 19.15 Recording. The parties agree that a memorandum of this Lease will be recorded in the office of the Los Angeles County Recorder. 19.16 Notices. Each provision of this Lease or of any applicable governmental laws, ordinances, regulations and other requirements with reference to the sending, mailing or delivery of any notice or the making of any payment by one party to the other will be deemed to be complied with when and if the following steps are taken: (a) All Rent and other payments required to be made hereunder will be payable to the applicable party hereto as follows: to Landlord at the address set forth in Item 8 of the Basic Lease Provisions, and to Tenant at the address set forth in Item 9 of the Basic Lease Provisions, or at such other addresses as the parties may have hereafter specified by written notice. All obligations to pay Rent and/or any other amounts under the terms of this Lease will not be deemed satisfied until such Rent and other amounts have been actually received by the respective party. (b) Wherever any notice is required or permitted hereunder, such notice must be in writing. Any notice or document required or permitted to be delivered hereunder will be deemed to be delivered upon receipt or first attempted delivery to the correct address by United States mail, postage prepaid, certified or registered mail, return receipt requested, or by Federal Express or other reputable overnight delivery service addressed to the parties hereto as follows: if to Landlord, then at the address specified in Item 8 of the Basic Lease Provisions; if to Tenant, then at the address specified in Item 9 of the Basic Lease Provisions; or at such other address (but no more than one (1) address at a time) as the recipient may theretofore have specified by written notice. 19.17 Water. Oil and Mineral Rights. Landlord reserves all right, title or interest in water, oil, gas or other hydrocarbons, other mineral rights and air and development rights, together with the sole and exclusive right of Landlord to sell, lease, assign or otherwise transfer the same, but without any right of Landlord or any such transferee to enter upon the Premises during the Term except as otherwise provided herein. 19.18 Broker's Fees. The parties acknowledge and agree that Landlord is not liable for any fee or compensation with respect to any broker, agent or other person in connection with this transaction, and Tenant agrees to indemnify and hold Landlord harmless from and against any claims by any other broker, agent or other person claiming a commission or other form of compensation by virtue of having dealt with Tenant with regard to this leasing transaction. -18- LA #4837-9567-7203 v11 19.19 Nondiscrimination. Tenant certifies and agrees that all persons employed by Tenant and its affiliates, subsidiaries, and holding companies are and must be treated equally without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act. 19.20 Holding Over. In the event that Tenant does not immediately surrender the Premises to Landlord on the expiration date of the Term or earlier termination of this Lease, Tenant will be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except that in the event that Tenant continues in possession of the Premises without the expressed written consent of Landlord, Tenant must pay 100% of the Gross Revenue generated by the Digital Sign that is received during such hold over period. If Tenant holds over after the expiration date of the Term or earlier termination of this Lease, and Landlord desires to regain possession of the Premises, then Landlord may forthwith re-enter and take possession of the Premises by any legal process in force in the State of California. 19.21 Subordinate Rights. This Agreement is subject and subordinate to the prior and continuing right and obligation of Landlord, its successors and assigns, to use Landlord Property or any portion thereof in the exercise of its powers and in the performance of its duties, including those as a public entity. Accordingly, there is reserved and retained unto Landlord, its successors, assigns and permittees, the right to construct, reconstruct, operate, maintain, use and/or relocate existing facilities and appurtenances in, upon, over, under, across and along Landlord Property or any portion thereof, and in connection therewith the right to grant and convey to others, rights and interests to Landlord Property or any portion thereof. This Lease is subject to all licenses, leases, easements, reservations, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title ("title exceptions") which may affect the Premises or Landlord Property now or hereafter, and this Agreement is executed and delivered by Landlord without any warranty of title, express or implied, and the words "grant" or "convey' as used herein will not be construed as a warranty of title or as a covenant against the existence of any such title exceptions. 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I11 �t P t' Al l t 3 h ` Jill p WlAnvj u r,1411— '{ 14 Fu �a�'k • s51 • � Ipui�l 9 FV t. 1-11 L, . , i €€ a€ia� • o fit 8 q is Jill ff a IR i i tf 1. s € It € Jill! !� .. fill ! 1�t o€S tae �6 ��� + R, BR'S (t i I` !�S�488a fignt — N Exhibit "C" INSURANCE REQUIREMENTS FOR LEASES, LICENSES, AND PERMITS Tenant must procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the use of Landlord property hereunder by the Tenant, its licensee, agents, representatives, employees, contractors, or subcontractors. Minimum Scope of Insurance Coverage must be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office Form No.CA 0001 covering Automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Course of Construction insurance form providing coverage for "all risks" of loss. Property insurance against all risks of loss to any Tenant improvements or betterments. Minimum Limits of Insurance (Check all applicable boxes) Tenant must maintain limits no less than: General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit will apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Course of Construction (Builder's Risk): Completed value of the project. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by Landlord. At the option of Landlord, either: the insurer must reduce or eliminate such deductibles or self-insured retentions as respects Landlord, its officials and employees, or the Tenant must procure a bond guaranteeing payment of losses, and related investigations, claim administration and defense expenses. Other Insurance Provisions LA #4837-9567-7203 v11 The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. Landlord, its officials, employees, agents and contractors are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Tenant; products and completed operations of the Tenant, premises owned, occupied or used by the Tenant, and automobiles owned, leased, hired or borrowed by the Tenant. The coverage must contain no special limitations on the scope of protection afforded to Landlord, its subsidiaries, officials and employees. 2. For any claims related to this project, the Tenant's insurance coverage must be primary insurance as respects Landlord, its subsidiaries, officials and employees. Any insurance or self-insurance maintained by Landlord, its subsidiaries, officials and employees will be excess of the Tenant's insurance and will not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties will not affect coverage provided to Landlord, its subsidiaries, officials and employees. 4. The Tenant's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause must be endorsed to state that coverage will not be suspended, voided, canceled by either a party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Landlord. 6. Workers' Compensation policy must contain the inclusion of the Landlord, its officials, employees, agents and contractors as additional insured or provide a waiver of subrogation. 7. Landlord lease number, if any, must be included with description of leased premises. Course of construction policies must contain the following provisions: 1. Landlord must be named as loss payee. 2. The insurer must waive all rights subrogation against Landlord. LA #4837-9567-7203 v11 Acceotabilitv of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A- VII, unless otherwise approved by Landlord. Verification of Coverage Tenant must furnish Landlord with original endorsements and certificates of insurance evidencing coverage required by this Lease. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by Landlord before work commences. As an alternative, the Tenant may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Contractors and Subcontractors Tenant must include all contractors and subcontractors as insureds under its policies or require certificates and endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors will be subject to all of the requirements stated herein. The administration of insurance compliance of contractors and subcontractors will be subject to audit review by Landlord. 3 LA #4837-9567-7203 v11 Exhibit "D" Permitted Hazardous Materials No Hazardous Materials are permitted to be used or stored materials and vehicles associated with the routine operation, from the Premises for the use described in Item 6 of the Basic of the General Lease Provisions. LA #4837-9567-7203 v11 on Premises, except for those maintenance and access to and Lease Provisions and Section 3 Exhibit "E" Advertising Restrictions The primary purpose of the Digital Sign is to generate revenue for the parties, and the display of advertising is solely for this purpose. The Digital Sign is not intended to provide a general public forum for purposes of communication, but rather to make use of property held by the City in a proprietary capacity in order to generate revenue. Except for any advertising or messages displayed on the Digital Sign at the request of the City (City Promotional Messages) or LACMTA, all advertising to be displayed on the Digital Sign must be strictly "commercial advertising." As used in this Lease, "commercial advertising" means advertising for a commercial or industrial business, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. In addition to the general limitation on advertising to strictly commercial advertising, Tenant may not display any message that in the judgment of the City Manager of City or his or her designee: 1. is false, misleading, or deceptive; 2. promotes the sale or use of tobacco products, or medical marijuana, whether directly or indirectly; 3. depicts violence or anti -social behavior or relates to illegal activity; 4. contains 'obscene matter," as that term is defined in California or federal law, or promotes any "adult entertainment business" or "specified sexual activities", or "sex -oriented material or merchandise" as such terms are defined in the Santa Clarita Municipal Code; 5. contains any "political advertising," which means advertising that promotes or opposes any candidate for public office or promotes or opposes a ballot measure, referendum, bond issue, or any federal, state or local legislation, regulation, or other discretionary action; 6. holds a person or group of persons up to public ridicule, derision, or embarrassment, or defames a person or group of persons; 7. contains language that is obscene, vulgar, profane, or scatological, or that presents a clear -and -present danger of causing riot, disorder, or other imminent threat to public safety, peace, or order; 8. that promotes any product, service or activity that is illegal under federal, state, or local law. 1 LA #4837-9567-7203 v11 133 Exhibit "F" Rent Schedule Section1. Definitions. As used in this Lease, the following terms have the meaning set forth below: "Capital Expenses" means all hard and soft costs for the physical construction of the Digital Sign, which amount for the initial construction of the Digital Sign is estimated to be approximately $800,000. In the event that Tenant and the Sign Manager believe that the initial Capital Expenses will exceed this estimate by more than 10%, Landlord must be notified in advance of the occurrence of such additional costs, and Landlord's reasonable consent must be obtained. "Entitlement Expenses" means the costs of obtaining all City and other local and state permits and approvals, including the Caltrans permit, necessary for the construction and operation of the Digital Sign, which amount may not exceed $350,000 for the initial construction and permitting of the Digital Sign. "Gross Revenue" means any and all revenue actually received from the placement or sale of advertising media on the Digital Sign less advertising sales company commissions. Gross Revenue does not include any revenue received from the collocation of any telecommunications facilities on the Digital Sign in accordance with Section 3.9 of the Lease. "Net Revenue" means any and all Gross Revenue less the following approved deductions: (a) Sign Manager Fees; (b) Entitlement Expenses; (c) Removal Costs; (d) Operational Expenses; (e) Capital Expenses (amortized over five years and when paid); and (f) Upgrade Expenses (amortized over five years and when paid)). "Operational Expenses" means the costs of operating and maintaining the Digital Sign including all required insurance under this Lease; electricity, maintenance costs, repair costs, etc. "Removal Costs" means the compensation costs paid directly to the owner or operator of an Existing Metro Billboard (as defined in the Development Agreement) and incurred by Tenant with respect to the removal of any such Existing Metro Billboard that Tenant is required to remove under the Development Agreement in order to construct and operate the Digital Sign. Compensation, if any, for an Existing Metro Billboard, may not exceed the then current and applicable Caltrans payment schedule amount for such Existing 1 LA #4837-9567-7203 vi 1 Metro Billboard removal without prior written approval from Landlord, which approval may be withheld in Landlord's sole discretion. Removal Costs may be amortized over such reasonable period as agreed between Landlord and Tenant, which period may not exceed five years. In addition, the amortized portion of the Removal Costs will be paid from Gross Revenues after Operational, Capital, and Entitlement Expenses. "Sign Manager Fees" means the fee paid to the Sign Manager as established in Section 2 below. "Upgrade Expenses" means the costs and expense related to the upgrade of the Digital Sign, including the potential replacement of the Digital Sign display face. Section 2. Operational Options and Related Revenue Sharing and Sign Manager Fees 2.1 Under the first operational option ("Option 1"), Tenant's Sign Manager may advise and assist in the negotiation of site licenses, agreements or other understandings with outdoor advertising sales companies prior to development of the Digital Sign, and a third party, not the Tenant or Sign Manager, thereafter will build the Digital Sign. If Option 1 is utilized, the Sign Manager Fees will be fixed at 30 percent of Gross Revenue for a period of 30 years and the deductions listed in Section 1 above for Operational Expenses, Capital Expenses, and Upgrade Expenses will not apply. Further, under Option 1, with respect to Entitlement Expenses, the expenses will be shared between Tenant, Tenant's Sign Manager and Landlord in the following percentages: 24.5%, 30.0% and 45.5%, respectively, for the first 30 years; thereafter, for the remaining 20 -year period, any applicable Entitlement Expenses will be shared between Tenant and Landlord in the following percentages: 35.0% and 65.0%, respectively. 2.2 Under the second operational option ("Option 2"), Tenant's Sign Manager may develop the Digital Sign on Tenant's behalf and subsequently advise and assist in sign/sales licenses, agreements or other understandings with outdoor advertising sales companies, which will sell and place advertising on the Digital Sign that will be owned and controlled by Tenant or Tenant's Sign Manager. Under Option 2, the Sign Manager Fees will be fixed at 40 percent of the total of Gross Revenue less the Operational Expenses for a period of 30 years. The Entitlement, Operational, Capital and Upgrade Expenses will be shared between Tenant, Tenant's Sign Manager and Landlord in the following percentages: 21.0%, 40.0% and 39.0%, respectively, for the first 30 years; thereafter, for the remaining 20 -year period, any applicable expenses will be shared between Tenant and Landlord in the following percentages: 35.0% and 65.0%, respectively. 2.3 The parties intend for the Tenant's Sign Manager Fees to apply only for the first 30 years of the Term, unless otherwise deemed necessary for a longer period and agreed to by Landlord, Tenant and Tenant's Sign Manager. 2.4 Notwithstanding the above, the parties agree that the expense sharing provisions described in Sections 2.1 and 2.2 above are not intended to cover Tenant's of Landlord's indemnification obligations in this Lease. 2.5 Tenant will select the applicable operational option set forth in Sections 2.1 and 2.2 above to optimize long-term revenue under this Lease. Tenant will consult with Landlord prior to selection of the initial operational option and will advise Landlord of such selection at 2 LA #4837-9567-7203 v11 I-55 least 30 days prior to entering into any underlying agreements in furtherance of such operational option. Tenant's selection of the initial operational option and notification to Landlord must be completed prior to the final approval from City's building department for the Digital Sign. The selection of the operational option will be governed solely by this Section 2.5. Section 3. Lockbox System and Distribution of Funds and Revenues. Tenant will cause to be established with a commercial bank ("Bank") approved by Landlord a service relationship and such accounts as may be needed to provide for the efficient collection of funds, reporting of transactions and distribution of the Gross Revenues and Net Revenues in accordance with this Lease. The parties agree that the most appropriate mechanism for handling the distribution of these funds and revenues is through a lockbox system. The general parameters of how such lockbox system will operate are described below. Digital Sign customers and sales companies will mail or wire their payments directly to the Bank and all funds related to the Lease or Digital Sign will be collected in the lockbox account. Bank staff will prepare items for deposit. This includes scanning checks, wiring information, paper materials, documents, correspondence and envelopes and storing the captured images in the Bank's Internet -based archive, along with lockbox transaction reports. There may be one or multiple lockboxes set up if necessary to segregate the individual assets. Each lockbox account address will have a separate bank account. Funds that are collected in the lockbox will be deposited into the applicable Bank account the same day as received. Electronic copies of the deposit slips, checks, documents, etc. will be loaded to the lockbox archive each day. This archive will be accessible for at least 10 years and will have secured backup archiving locations for disaster recovery and data security. All account users (Landlord, Tenant, and Sign Manager) will have online access to view the deposit activity, document archive copies, transaction reporting and other Bank records for the lockbox and Bank accounts. The Sign Manager will keep records and will issue transaction reports and reconciliations to Landlord and Tenant for the lockbox and Bank activity in accordance with Section 2.2 of the Lease. Landlord, Tenant and Sign Manager will each provide the Bank with instructions (based upon the Lease) that the Bank will use to automatically wire the funds due to each entity under this Lease. 3 LA #4837-9567-7203 v11 I_3N CITY OF SANTA CLARITA NEGATIVE DECLARATION [X] Proposed [] Final MASTER CASE NO: Master Case 13-184 PERMITIPROJECT NAME: Zone Amendment 13.005, Zone Change 13-007, General Plan Amendment 13-003, Development Agreement 13-002 APPLICANT: Los Angeles County Metropolitan Transit Authority (METRO) DESCRIPTION OF THE PROJECT: The applicant is requesting a Zone Amendment to the text of the Unified Development Code (UDC) and Municipal Code, a General Plan Amendment, Zone Change, and Development Agreement (including lease agreements attached as exhibits thereto), to allow the construction and operation of three digital billboards on three freeway -adjacent City -owned sites and the removal of all 62 existing outdoor advertising structures in the Metro right-of-way (ROW) within the City. The proposed Zone Amendment would also establish a five (5) year amortization period for the removal all remaining billboards within the City erected prior to adoption of the City's first updated sign ordinance, which is November 13, 1990 and create a Billboard Relocation Overlay Zone. LOCATION OF THE PROJECT: The 62 outdoor advertising structures (118 billboard faces) which would be removed are located within the METRO ROW, along both sides of the railroad tracks, along Newhall Avenue, Bouquet Canyon Road and Solodad Canyon Road. The three proposed billboard development sites consist of the Norland Road site, the Remson Street site and the Magic Mountain Parkway site, located as follows: a. The Norland Road site is located adjacent to the south side of State Route 14 (SR -14), within the Norland Road right-of-way, approximately 1000 feet oast of Oak Springs Canyon Road (APN 2840-001-271) in the Open Space (OS) zone. b. The Remsen Street site is located adjacent to west side of State Route 14 (SR -l4), within the Remsen Road right-of-way, approximately 1000 feet east of Sierra Highway (adjacent to APN: 2827-010-012) in the Business Park (BP) zone. C. The Magic Mountain Parkway site is located adjacent to the east side of Interstate 5 (I-5) on the north side of Magic Mountain Parkway, approximately 900 feet west of Tourney (APN: 2866-007-907) in the Business Park (BP) zone. M Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15070 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X ] City Council [ ] Planning Commission [ ] Director of Planning and Building Services finds that the project as proposed or revised will have no significant effect upon the environment, and that a Mitigated Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [] Are Not Required [X ] Are Attached [ ] Are Not Attached Jeff W. Hogan, AICP PLANNING MANAGER Prepared by; Approved L� Jason Smisko, Senior Planner (Name/Title) Public Review Period From December 17, 2013 To January 17, 2014 Public Notice Given On December 17, 2013 [X] Legal Advertisement [X] Posting of Properties [X] Written Notice CERTIFICATION DATE: S:\CD\CURRENT!2013\13-184\CEQA\Draft MND.dm 138 Initial Study Page 1 of 98 Project Title/Master Case Number: Lead Agency name and address: Contact person and phone number: Project description and location: INITIAL STUDY CITY OF SANTA CLARITA Metro Billboard Reduction Agreement MC#13-184 Zone Amendment 13-005 General Plan Amendment 13-003 Zone Change 13-007 Development Agreement 13-002 (including lease agreements attached as exhibits thereto) City of Santa Clarita Community Development Department 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 David Koontz, A1CP Associate Planner 661-2554330 The applicant is requesting a Zone Amendment to the text of the Unified Development Code (UDC) and Municipal Code, a General Plan Amendment, Zone Change, and Development Agreement (including lease agreements attached as exhibits thereto), to allow the construction and operation of three digital billboards on three freeway -adjacent City -owned sites and the removal of all 62 existing outdoor advertising structures in the Metro right-of-way (ROW) within the City. The proposed Zone Amendment would also establish a five (5) year amortization period for the removal all remaining billboards within the City erected prior to adoption of the City's first updated sign ordinance, which is November 13, 1990 and create a Billboard Relocation Overlay Zone The 62 outdoor advertising structures (118 billboard faces) which would be removed are located within the Metro right-of-way, along both sides of the railroad tracks, along Railroad Avenue, Bouquet Canyon Road and Soledad Canyon Road, as shown in Figure 1; and, construction of three electronic billboards on three City -owned sites as shown in Figure 2. The three sites are: Site I - Magic Mountain Parkway - (APN 2866-007-907) is located just northeast of the intersection of Magic Mountain Parkway and Interstate 5 (I-5); Site 2 - Remsen Street — is located along the southwestern road shoulder of the existing Remsen Street within the Remsen Street Right -of -Way immediately adjacent to APN 2827-010- 012) and west of SR -14; and, Site 3 - Norland Road - (APN 2840-001-271) is located on the south side of SR -14, adjacent to and just south of Norland Road. In Initial Study The Billboard Relocation Overlay Zone would include those areas within the commercial and industrial zones (including business park) within 300 feet of the centerline of Interstate 5 or State Route 14 freeways, as depicted on Attachment C. Existing General Plan designation: • Site 1 - Magic Mountain Parkway — BP (Business Park) • Site 2 - Remsen Street — BP • Site 3 - Norland Road — OS (Open Space) Existing Zoning: • Site 1 - Magic Mountain Parkway — BP • Site 2 - Remsen Street — BP • Site 3 - Norland Road -- OS Initial Study Page 3 of 98 FIGURE 2: REGIONAL LOCATION PROPOSED ELECTRONIC BILLBOARDS Source: City of Santa Clarita Description of Project and Setting: The proposed project with Metro is intended to result in an overall reduction in the number and square feet of billboards throughout the City. The project analyzed in this Initial Study includes: A Zone Amendment to the text of the UDC, to establish an entitlement process for City Council review and approval of billboard reduction and relocation agreements. Billboard reduction and relocation agreements would allow for the removal and relocation of legal nonconforming billboards and construction of new replacement billboards that meet the requirements of the Zone Amendment. The Zone Amendment establishes the findings required for any billboard reduction and relocation project, and establishes the Billboard Relocation Overlay Zone which contains the key requirements and standards for relocated billboards. The Zone Amendment also establishes a five (5) yearamortization period for all existing billboards after which time the City could require removal of any billboard within the City, subject to compensation. At any time after the expiration of the amortization period, the City could opt to require removal of existing billboards, subject to payment of compensation in accordance with State law (California Business and Professions Code Section 5412). Included with the Zone Amendment is a minor amendment to Section 11 of the Municipal Code which modifies the restriction on private signage within the public right-of-way. There are no components of the Zone Amendment or the establishment of the Billboard Relocation Overlay Zone which have the potential for significant impact on the ty-Metro Digital Billboards " 4 X " Proposed City Owned Location7�, tt h. Source: City of Santa Clarita Description of Project and Setting: The proposed project with Metro is intended to result in an overall reduction in the number and square feet of billboards throughout the City. The project analyzed in this Initial Study includes: A Zone Amendment to the text of the UDC, to establish an entitlement process for City Council review and approval of billboard reduction and relocation agreements. Billboard reduction and relocation agreements would allow for the removal and relocation of legal nonconforming billboards and construction of new replacement billboards that meet the requirements of the Zone Amendment. The Zone Amendment establishes the findings required for any billboard reduction and relocation project, and establishes the Billboard Relocation Overlay Zone which contains the key requirements and standards for relocated billboards. The Zone Amendment also establishes a five (5) yearamortization period for all existing billboards after which time the City could require removal of any billboard within the City, subject to compensation. At any time after the expiration of the amortization period, the City could opt to require removal of existing billboards, subject to payment of compensation in accordance with State law (California Business and Professions Code Section 5412). Included with the Zone Amendment is a minor amendment to Section 11 of the Municipal Code which modifies the restriction on private signage within the public right-of-way. There are no components of the Zone Amendment or the establishment of the Billboard Relocation Overlay Zone which have the potential for significant impact on the Initial Study Page 4 of 98 environment independent of the subject Billboard Reduction and Relocation Agreement discussed below. Any additional applications for Billboard Reduction and Relocation Agreements submitted in the future would be subject to separate environmental analysis based upon the location setting and details of any future proposal. A Development Agreement for the project between the City of Santa Clarita and Metro that provides for the construction of three electronic billboards on City -owned properties in exchange for the phased removal of approximately 62 existing outdoor advertising structures within the Metro right-of-way (ROW), totaling approximately 25,830 square -feet in advertising area. The locations of the 62 billboards to be removed are shown in Figure 1. The sites for the three electronic billboards, totaling approximately 4,032 square -feet in advertising area to be constructed on City -owned property, are shown on Figure 2, and are: o Site 1 - Magic Mountain Parkway - (APN 2866-007-907) located just northeast of the intersection of Magic Mountain Parkway and Interstate 5 (1-5); o Site 2 - Remsen Street — located along the southwestern road shoulder of the existing Remsen Street within the Remsen Street Right -of -Way immediately adjacent to APN 2827-010-012) and adjacent to SR -14; and, o Site 3 - Norland Road - (APN 2840-001-271) located on the south side of SR -14, adjacent to and just south of Norland Drive. As part of the implementation of the agreement, the proposed project also includes a General Plan Amendment and Zone Change for Site 3 — the Norland Drive parcel, from Open Space to Business Park Each of these project components is described in more detail below. Proposed Development Agreement between the City of Santa Clarita and Metro The proposed Development Agreement for the reduction and relocation of billboards between the City of Santa Clarita and Metro is designed to comply with the requirements of the proposed Zone Amendment. The agreement provides for the construction of three electronic billboards on City property in exchange for the phased removal of approximately 62 existing billboards within the Metro right -0f --way in the City. Removal of Approximately 62 Existing Billboards if tthin The Metro Right -Of -Way In the City Construction of each of the three electronic billboards would be predicated on the removal of at least one- third of the 62 identified billboards within the Metro right-of-way, along Railroad Avenue, Bouquet Canyon Road and Soledad Canyon Road. The 62 billboards are listed in Attachment A and their approximate locations are shown on Figure 1. As shown in Attachment A, the Billboard Reduction and Relocation Agreement between the City of Santa Clarita and Metro would result in the phased removal of approximately 25,830 square -feet of billboard advertising space along these key roadways. Construction of Three New Electronic Billboards on City -Owned Property The proposed project includes the construction of three new electronic billboards on City -owned property. Each billboard is oriented to be viewed from the freeway. Figure 3 shows the typical elevation view for the electronic billboard design and Figure 4 shows a plan view (view looking down on the sign). As shown in Figure 4, the billboard has a butterfly design, with two billboard faces, which allows the I Initial Study Page 5 of 99 billboard to be viewed by traffic going either direction on the adjacent freeway. A copy of the plans for each of the three sites is included in Attachment B. The key features of each of the three signs are: Site 1 — Magic Mountain Parkway — The location of the City -owned land to be leased for the construction of the electronic billboard referred to as the Magic Mountain billboard site, is shown in Figure 5A. A copy of the project plans for the electronic billboard at this location is included in Attachment B. The key elements of the design of this electronic billboard are as follows: • Leasehold Size: 3,256 S.F. • Adjacent to: I-5. • Sign Dimensions: 14 feet high by 48 feet wide. • Square Footage per Face: 672 square feet. • Distance Of Bottom Of Sign From Ground: 45 feet. • Distance Of Top Of Sign From Ground: 59 feet. • Pole Diameter: 36 inches. • Foundation Diameter: 60 inches. • Foundation Depth: 25 feet six inches. • Approximate Cubic Feet of Soil For Export Exclusive of Trenching: 500 cubic feet or 18.5 cubic yards. Site 2 — Remsen Street — The location of the City -owned land to be leased for the construction of the electronic billboard referred to as the Remsen Street billboard site, is shown in Figure 5C A copy of the project plans for the electronic billboard at this location is included in Attachment B. These plans also shows the boundaries of the City -owned land to be leased for the construction of the electronic billboard referred to as the Remsen billboard site. The key elements of the design of this electronic billboard are as follows: • Leasehold Size: 3,183 S.F. • Adjacent to: SR -14. • Sign Dimensions: 14 feet high by 48 feet wide. • Square Footage per Face: 672 square feet. • Distance Of Bottom Of Sign From Ground: 50 feet. • Distance of Bottom of Sign From Top of Oak Tree Canopy: 15 feet. • Distance Of Top Of Sign From Ground: 64 feet. • Pole Diameter: 42 inches. • Foundation Diameter: 60 inches. • Foundation Depth: 28 feet. • Approximate Cubic Feet of Soil For Export Exclusive of Trenching: 550 cubic feet or 20.4 cubic yards. N3 Initial Study Page 6 of 98 FIGURE 3 TYPICAL ELECTRONIC BILLBOARDS ELEVATION VIEW (REMSEN STREET) Source: RMG Outdoor Inc. (See Attachment B for full plans) M Initial Study Page 7 of 98 FIGURE 4 —TYPICAL ELECTRONIC BILLBOARDS PLAN VIEW (REMSEN) Source: RMG Outdoor Inc. (See Attachment B for full plans) � y5 Initial Study Page 8 of 98 FIGURE 5 LOCATION OF ELECTRONIC BILLBOARDS LEASEHOLDS (.itl�JiG M9Mtbin pAvy rn � N4 9ren fir.: Source: CRC Enterprises tAaq�c Mrnnwn PMrr 5 Figure 5A Magic Mountain Park�cay Leasehold s d py era aai wm st t b _ z vplwlW laixA(.x+^N � A •. cd.49'� N�tl. SWotlCE CdT Ra WU'.0 O: O. 6' 'Y o rtan�w.x Ox�aF�Vet wqm. Nt '•. 8 Source: CRC Enterprises Figure 5B Norland Road Leasehold Initial Study Page 9 of 99 Figure 5C Remsen Location Site 3 — Norland Road — The location of the City -owned land to be leased for the construction of the electronic billboard referred to as the Norland Road billboard site, is shown in Figure 5B. A copy of the project plans for the electronic billboard at this location is included in Attachment B. The key elements of the design of this electronic billboard are as follows: • Leasehold Size: Norland = 3,488 S.F. • Adjacent to: SR -14. • Includes a General Plan Amendment and Zone Change to change parcel from Open Space to Business Park. • Sign Dimensions: 14 feet high by 48 feet wide. • Square Footage per Face: 672 square feet. • Distance Of Bottom Of Sign From Norland Street: 40 feet. • Distance Of Top Of Sign From Ground: 54 feet. • Pole Diameter: 42 inches. • Foundation Diameter: 60 inches. • Foundation Depth: 28 feet. • Approximate Cubic Feet of Soil For Export Exclusive of Trenching: 550 cubic feet or 20.4 cubic yards. Construction Schedule The specific dates for the construction of each of the three billboards are not known at this time. The construction of each of the three billboards would be preceded by the removal of 1�l Initial Study Page 10 of 98 existing 62 identified billboards within the Metro right-of-way listed in Attachment A and shown in Figure 1. The typical construction activity associated with the installation of an electronic billboard is detailed below. Unusual soil conditions may affect this process, but such conditions are not anticipated. Geotechnical Reports have been prepared for the three sites, but the structural engineer has yet to complete the final foundation design. The construction would be subject to the building code, and a building permit would be required for construction activities. The City's Public Works Department would review the plans and specifications to ensure that they comply with all building code requirements. The construction typically proceeds as follows: • Day I - On the first day at the site, a crew arrives with a drilling rig and drills a hole five feet (5) in diameter and up to twenty-eight feet (28') deep. A trench plate is placed over the hole before the crew leaves the site. • Day 2` - The column for the sign is delivered to the site. The column is typically 42" in diameter. The column is lifted into place in the foundation hole by a crane, and is maintained in place by I - beams that are welded to the column. A building inspection is required at this point, and the company attempts to arrange for the inspection early enough in the day to allow pouring of concrete on Day 2. • Days 2-4 — The concrete is allowed to cure for three days. • Day 5 - After the concrete cures for three days, the crew returns to the site. The I-beam welds are ground off and the I -beams removed. The upper structure components are delivered to the site and assembled on the ground by the crew (usually 4-5 persons). The crane returns to the site and lifts the upper structure into place atop the column. • Construction Equipment - The operator anticipates using one drilling rig, one crane, and one crew Arrangements to extend electrical service to the site are made in advance of the construction activities. If the electrical service is underground a sleeve that will accommodate the electrical service is placed in the concrete foundation. The location of all utilities serving the sites are shown on the plans included in Attachment B. The wind load for a digital billboard is the same as for other signage of similar size. Digital billboards carry a higher dead load (approximately 10,000 pounds as opposed to 2,000 pounds) than typical lighted signage and this is taken into account by the structural engineer in the design and confirmed as part of the building permit process. Grading, Drainage, and Utility Improvements Temporary and permanent disturbance areas for each billboard are expected to be contained within the leasehold areas for each sign, shown in Attachment B. Given the effectively flat condition of the project sites, site preparation is anticipated to be largely limited to installation of utilities and the drilling of the hole for the sign column. Site preparation at Site 1 — Magic Mountain and Site 2 - Remsen Street includes trenching for a proposed underground power line. Site preparation at Site 3 — Norland Street, includes installation of a proposed overhead power line and power line connection. Potholing 'may be M Initial Study Page 11 of 98 required to verify the location of existing utilities, given easements as shown on the project plans included in Attachment B, for electrical, gas, cable television and water lines in the vicinity of the leaseholds sites. Existing Setting Existing land uses in the vicinity of each of the three City -owned sites to be leased for electronic billboard use are as follows: Site 1 - Magic Mountain Parkway - (APN 2866-007-907) is located just northeast of the intersection of Magic Mountain Parkway and Interstate 5 (I-5) on a previously graded/cleared vacant site (see Figure 6). The site is located at the top of a bluff above the Santa Clara River. The Santa Clara River is located to the north of the leasehold site at the bottom of the bluff. The I-5 freeway is located to the west of the project site. The billboard would be located immediately northwest of the existing "City of Santa Clarks" sign. Magic Mountain Parkway is located to the south of the project site. A large lot with industrial uses is located across Magic Mountain Parkway from the site. Open space and the south fork trail are located east of the project site. Site 2 - Remsen Street — is located along the southwestern road shoulder of the existing Remsen Street within the Remsen Street Right -of -Way immediately adjacent to APN 2827-010-012 and adjacent to SR -14 (see Figure 7). Remsen Street runs generally in a north/south direction in the vicinity of the leasehold site. The site is located just north of where Remsen Street makes a turn to the northwest. The Antelope Valley Freeway (SR -14) is located to the east of the leasehold site. Across SR -14 from the project site is the Elsmere Canyon Open Space area. West of the leasehold site, between Remsen Street and Sierra Highway is open space. Open space is also located south of the leasehold site. North of the leasehold site, on the eastern side of Remsen Street, is a drainage swale and the SR -14 freeway. Site 3 - Norland Road - (APN 2840-001-271) located on the south side of SR -14, adjacent to and just south of Norland Drive (see Figure 8). The leasehold site is located east of Oak Springs Canyon Road. Norland Drive runs east/west in the vicinity of the leasehold site. The Antelope Valley Freeway is located just north of the leasehold site. The Santa Clara River is located just south of the leasehold site. The proposed billboard site is located on elevated terrain approximately 10 feet above and adjacent to the Santa Clarita River, but outside of the flood plain. Open space and Norland Drive is located to the east and west of the leasehold site. The billboard is proposed to be placed along the eastern road shoulder of the existing, but unimproved (dirt portion) of future and private Norland Drive, which is a gated road that serves as access road to Newhall County Water District water wells and Southern California Edison's (SCE) electrical distribution line right-of-way. Required Approvals City of Santa Clartta Approval of a Zone Amendment to the text of the UDC Approval of a Development Agreement for the reduction and relocation of billboards and lease agreements for City owned sites Approval of a General Plan Amendment and Zone Change to for Site 3 — the Norland Road leasehold to change the allowable land use from Open Space to Business Park. The Zone Change would also include a revision to the Zoning Map to include the depiction of the Billboard Relocation Overlay Zone (Attachment C) M Initial Study Page 12 of 98 • Approval of required demolition permits for removal of 62 outside advertising structures • Approval of electrical and building permits for the three digital billboards Metro • Approval of a Development Agreement and leases for City owned sites, including a revenue sharing agreement Los Angeles Department of Water and Power or Southern California Edison • Approval of any required utility permits • Potholing permits Caltrans /State of California • Approval of an Outdoor Advertising Act Permit Los Angeles County Fire Department • Site Plan and access approval 1150 Initial Study Page 14 of 98 FIGURE 7 LOCATION AND SETTING SITE 2 — REMSEN STREET 315 X52 Initial Study Page 15 of 98 FIGURE 8 LOCATION AND SETTING SITE 3 — NORLAND ROAD Source: Amec Biological Resource Assessment `53 Initial Study Page 16 of 99 A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Less Than Significant with Mitigation" as indicated by the checklist on the following pages. [ ] Aesthetics [X] Biological Resources [X] Greenhouse Gas Emissions [ ] Land Use / Planning [ ] Population / Housing [ ] Transportation/Traffic B. DETERMINATION: On the basis of this initial evaluation: [ ] Agriculture Resources [] Air Quality [X] Cultural Resources [X] Geology /Soils (X] Hazards & Hazardous Materials [X] Hydrology / Water Quality [ ] Mineral Resources [] Noise [X] Public Services [ ] Recreation [ ] Utilities / Service Systems [ ] Mandatory Findings of Significance [ ] 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. (X ] 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] 1 find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. (] 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature l/ /;Z—/7—/-3 David Koontz, AICP, Associate Planner Dale Signature �'�`"� � � "" �� � Z " 1 1' I -15 Jason Smisko, Senior Planner Date �5� Initial Study Page 17 of 98 C. EVALUATION OF ENVIRONMENTAL IMPACTS: Only check "Less Than Significant with Mitigation" if this is a Mitigated Negative Declaration. Check one boxfor each question. Make sure your impact judgment discussions in D and the boxes you check here in C, are consistent. I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, primary/secondary ridgelines, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] I [X] [] [ ] [ l [X] [] [ ] [ ] [X] [] [] I [X] I II. AGRICULTURE AND FOREST RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland [ ] [ ] [ ] [X] of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a [ ] [ ] [] [X] Williamson Act contract? 1 55 Initial Study Page 18 of 98 e) Potentially Less Than Less Than No due to their location or nature, could result in conversion Significant Significant Significant Impact Impact with Impact management or air pollution control district may be relied upon to make the following Mitigation determinations. Would the project: c) Conflict with existing zoning for, or cause rezoning of, a) Confect with or obstruct implementation of the applicable [ ] [ ] [X] [] forest land (as defined in Public Resources Code section air quality plan? b) 12220 (g)), timberland (as defined by Public Resources [ ] [ ] [X] [ ] to an existing or projected air quality violation? Code section 4526), or timberland zoned Timberland [ ] [ ] [] [X] Production (as defined by Government Code section criteria pollutant for which the project region is non - 51104(g))? quality standard (including releasing emissions that d) Result in the loss of forest land or conversion of forest [] [] [] [X] land to non -forest use? Expose sensitive receptors to substantial pollutant [ ] [ ] [ X] [ ] e) Involve other changes in the existing environment which, [ ] [ ] [ ] [X] due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Confect with or obstruct implementation of the applicable [ ] [ ] [X] [] air quality plan? b) Violate any air quality standard or contribute substantially [ ] [ ] [X] [ ] to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any [ ] [ ] [X] [ ] criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant [ ] [ ] [ X] [ ] concentrations? e) Create objectionable odors affecting a substantial number [ ] [ ] [X ] [ ] of people? f) other [ ] [ ] [ ] [ ] IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or [ ] [X] [ ] [ ] through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? \ 5(4 Initial Study Page 19 of 98 �*y Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Have a substantial adverse effect on any riparian habitat [ ] [] [X] [] or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected [ ] [X] [ ] [ ] wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native [ ] [X] [ ] [ ] resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting [ ] [X] [ ] [ ] biological resources, such as a tree preservation policy or ordinance? Oak trees? f) Conflict with the provisions of an adopted Habitat [ ] [ ] [ ] [X] Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Affect a Significant Ecological Area (SEA) or Significant Natural Area (SNA) as identified on the City of Santa [ ] [X] [ ] [ ] Clarita ESA Delineation Map? h) Other [ ] ( ] (] [X ] V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of (] p [X] [ ] a historical resource as defined in '15064.5? b) Cause a substantial adverse change in the significance of [ ] [ X] [ ] [ ] an archaeological resource pursuant to'15064.5? c) Directly or indirectly destroy or impact a unique [ ] [ ] [X] [] paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred [ ] ( ] [X] (] outside of formal cemeteries? �*y Initial Study Page 20 of 98 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as [ ] [ ] 1X1 [] delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? [ ] [X] [] [ 1 iii) Seismic -related ground failure, including [ ] [ ] [X] [ ] liquefaction? iv) Landslides? I I I 1X1 b) Result in substantial wind or water soil erosion or the loss [ ] [ ] [X] [ ] of topsoil, either on or off site? c) Be located on a geologic unit or soil that is unstable, or [ ] [ ] [X] [ ] that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B [ ] [X] [] [] of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of [ 1 [ ] [ 1 1X1 septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Change in topography or ground surface relief features? [ ] [ ] [X] [] g) Earth movement (cut and/or fill) of 10,000 cubic yards or [ ] [ ] [X] [] more? h) Development and/or grading on a slope greater than 10% [ 1 [ 1 IN [] natural grade? i) The destruction, covering or modification of any unique [ ] [ ] [X] 11 geologic or physical feature? (5-S Initial Study Page 21 of 98 j) Other Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [] [] [] VH. GREENHOUSE GAS EMISSIONS- Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the [ ] [X] [ ] [ ] environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of [ ] [X] [ ] [ ] greenhouse gasses? VIII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) , Create a significant hazard to the public or the [] [X] [ 1 [] environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the [ ] [X] [] [ 1 environment through reasonably foreseeable upset and accident conditions involving explosion or the release of hazardous materials into the environment (including, but not limited to oil, pesticides, chemicals, fuels, or radiation)? c) Emit hazardous emissions or handle hazardous or acutely [ ] [ ] [X] [ ] hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of [ ] [] [] [X] hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, [ ] [ ] [ ] [X] where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, [ ] [ ] [ ] [X] would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an [ ] [ ] [X] [] adopted emergency response plan or emergency evacuation plan? Initial Study Page 22 of 98 i) Exposure of people to existing sources of potential health [ ] [ ] [X] [ ] hazards (e.g. electrical transmission lines, gas lines, oil pipelines)? j) Other [ ] [ ] [ ] [ ] IX. HYDROLOGY AND WATER QUALITY - Would the project: Potentially Less Than Less Than No [ ] [X] [ ] Significant Significant Significant Impact b) Impact with Impact substantially with groundwater recharge such that there Mitigation would be a net deficit in aquifer volume or a lowering of h) Expose people or structures to a significant risk of loss, (] [ ] [X] [ ] injury or death involving wildland fires, including where of pre-existing nearby wells would drop to a level which wildlands are adjacent to urbanized areas or where which permits have been granted)? residences are intermixed with wildlands? c) Substantially alter the existing drainage pattern of the site [ ] [ ] [X] [ ] i) Exposure of people to existing sources of potential health [ ] [ ] [X] [ ] hazards (e.g. electrical transmission lines, gas lines, oil pipelines)? j) Other [ ] [ ] [ ] [ ] IX. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge [ ] [ ] [X] [ ] requirements? b) Substantially deplete groundwater supplies or interfere [ ] [X] [ ] [ ] substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site [ ] [ ] [X] [ ] or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site [ ] [ ] [X] [ ] or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the [ ] [ j [Xj [ ] capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? [ ] [ ] [X] [ ] g) Place housing within a 100 -year flood hazard area as [ ] [ 1 [ 1 [X] mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures [ ] [] [X] [ 1 which would impede or redirect flood flows? �D Initial Study Page 23 of 98 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation i) Expose people or structures to a significant risk of loss, [ ] [] [X] [] injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? [ ] [ ] [ ] [X] k) Changes in the rate of flow, currents, or the course and [ ] [ ] [X] [ ] direction of surface water and/or groundwater? 1) Other modification of a wash, channel creek or river? [ ] [ ] [X] [ ] m) Impact Stormwater Management in any of the following [ ] [ ] [X] [ ] ways: i) Potential impact of project construction and project post- [ ] [ ] [X] [ ] construction activity on storm water runoff? ii) Potential discharges from areas for materials storage, [ ] [ ] [X] [ ] vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? iii) Significant environmentally harmful increase in the flow [ ] [ ] [X] [ ] velocity or volume of storm water runoff? iv) Significant and environmentally harmful increases in [ ] [ ] [X] [ ] erosion of the project site or surrounding areas? v) Storm water discharges that would significantly impair or [ ] [ ] [X] [ ] contribute to the impairment of the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.) vi Cause harm to the biological integrity of drainage [ ] [ ] [X] [ ] systems, watersheds, and/or water bodies? vu) Does the proposed project include provisions for the [ ] [ ] [X] [ ] separation, recycling, and reuse of materials both during construction and after project occupancy? X. LAND USE AND PLANNING - Would the project: a) Disrupt or physically divide an established community [ ] [ ] [ ] [X ] (including a low-income or minority community)? Initial Study Page 24 of 98 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Conflict with any applicable land use plan, policy, or [ ] [] [ X] [ ] regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan, natural community conservation plan, and/or policies by agencies with jurisdiction over the project? XI. MINERAL AND ENERGY RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Use nonrenewable resources in a wasteful and inefficient manner? XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [] [] [X] I I I [X] I I I [X] I [ ] [] [X] [ ] I �-Z Initial Study Page 25 of 98 f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XIII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere (especially affordable housing)? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIV. PUBLIC SERVICES - Would the project result in: a) Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public services? XV. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [I [I [XI [I [I [X] [I [I [I I [XI [I [I [I [XI 1z Initial Study Page 26 of 98 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation XVI. TRANSPORTATION/TRAFFIC - Would the project: a) Conflict with an applicable plan, ordinance or policy [ ] [ ] 1X1 [ ] establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management [ ] [ ] 1X1 [ ] program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either [ ] [ ] [ ] [X1 an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature [ ] [ ] 1X1 [ ] (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? [ ] [ ] [X] [ ] f) Conflict with adopted policies, plans, or programs [ ] [ ] [X] [ ] regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? g) Hazards or barriers for pedestrians or bicyclists? [ ] [ ] [X] [ ] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the [ ] [ ] [ ] [X ] applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or [ ] [ ] [ ] [ X] wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water [ ] [ ] [ X] [ ] drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Initial Study Page 27 of 98 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually [ ] limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will [ ] cause substantial adverse effects on human beings, either directly or indirectly? XVII. DEPARTMENT OF FISH AND GAME `DE MINIMUS' FINDING a) Will the project have an adverse effect either individually [ ] or cumulatively, on fish and wildlife resources? Wildlife shall be defined for the purpose of this question as "all wild animals, buds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for it's continued viability." [X] [X] [x] 16s Initial Study Page 28 of 98 D. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSIS: Section and Subsections I Evaluation of Impacts Visual studies to assess the potential visual impacts of the three electronic billboards were conducted by Allvision for the City of Santa Clarita. The studies addressed whether or not the signs would be visible from key locations and neighborhoods in the City. The locations from which views of the signs were assessed were selected by the City of Santa Clarita's Community Development Department. The three studies are: Santa Clarita — Magic Mountain Proposed Sign Site Neighborhood Points of View; Santa Clarita —Remsen Proposed Sign Site Neighborhood Points of View; and Santa Clarita —Sand Canyon Proposed Sign Site Neighborhood Points of View. These studies are incorporated herein by reference and are available for review at: City of Santa Clarita Community Development Department, 23920 Valencia Blvd., Suite 302, Santa Clarita, CA 91355. a) Less Than Significant Impact: The City of Santa Clarita lies within Southern California's Santa Clarita Valley, which is bounded by the San Gabriel Mountains to the south and east, the Santa Susanna Mountains to the southwest, and the mountains of the Los Padres and Angeles National Forests to the north. The surrounding natural mountains and ridgelines, some of which extend into the City, provide a visual backdrop for the City. Other scenic resources within or visible from the City include the Santa Clara River corridor, forested/vegetated land, and a variety of canyons and natural drainages in portions of the City. The project includes City adoption of a Zone Amendment to the text of the Unified Development Code (UDC) to provide for the reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The three electronic billboards would be located adjacent to two major freeways, the I-5 and SR -14. There are large freeway signs along each of these freeways informing drivers of upcoming exits and indicating exit names. The size of the electronic billboards would be similar to the size of large freeway signs. Construction of the three electronic billboards would have a limited negative aesthetic effect. This limited negative effect would be offset by the positive aesthetic effect associated with the removal of the 62 static billboards, as detailed below. Site 1) Magic Mountain Parkway — Figure 9 provides a photo -simulation showing how this electronic billboard would look in its position adjacent to I- 5. While the sign is clearly visible, it does not significantly block any scenic vistas. Figure 10 show the locations evaluated to assess whether or not the electronic billboard would be visible. This billboard would only be visible from six of the key locations studied. Photo -simulations showing the degree to which the billboard would be visible from each of these key six sites are included in Figure 11. As shown in Figure 11, the billboard would not significantly alter key views and is primarily noticeable from along the freeway corridor, where other signs are also visible. • Site 2) Remsen Site — Figure 12 provides a photo -simulation showing how this electronic billboard would look in its position adjacent to SR -14. While the sign is clearly visible it does not significantly block any scenic vistas. Figure 13 show the locations evaluated to assess whether or not the electronic billboard would be visible. This billboard would only be visible from two of Initial Study Page 29 of 98 the key locations studied. Photo -simulations showing the degree to which the billboard would be visible from each of these key two sites are included in Figure 14. As shown in Figure 14, the billboard would primarily be visible to drivers on Sierra Highway as they pass the intersection with Remsen Drive. Site 3) Norland Road — Figure 15 provides a photo -simulation showing how this electronic billboard would look in its position adjacent to I-5. While the sign is clearly visible it does not significantly block any scenic vistas. Figure 16 show the locations evaluated to assess whether or not the electronic billboard would be visible. This billboard would only be visible from three of the key locations studied. Photo -simulations showing the degree to which the billboard would be visible from each of these key three sites are included in Figure 17. As shown in Figure 17, the billboard would not significantly alter key views along SR -14 and is primarily noticeable from along the freeway corridor. Figure 18 and Figure 19 show some representative before -and -after photo - simulations depicting the aesthetic benefit of the removal of some of the static billboards along Railroad Avenue, Bouquet Canyon Road and Soledad Canyon Road. The aesthetics along these two roadways would be improved by removal of the static billboards. The three electronic billboards would have a less than significant impact on scenic vistas. This less than significant impact would be offset and reduced by the aesthetic benefit of static billboard removal. b) Less Than Significant Impact: The only roadway within the City of Santa Clarita that is identified in the California Department of Transportation's State Scenic Highway program is the Interstate 5 (1-5) freeway, which is designated as an "Eligible State Scenic Highway". This designated eligible segment of the I-5 Freeway extends from the I-210 Freeway interchange to the SR126/Newhall Ranch Road interchange. Just outside of the City of Santa Clarita, SR 126 from the City's boundary at the 1-5 west to SR 150 in Ventura County is also designated an "Eligible State Scenic Highway". As discussed in I.a., the Magic Mountain electronic billboard on Site 1 would have a less than significant aesthetic impact. c) Less than Significant Impact: See discussion under I.a. As detailed in response I.a., the proposed project would not significantly impact the visual character or quality of the site and surroundings. d) Less than Significant Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for the reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The Zone Amendment specifies the maximum lighting levels for any electronic billboards. As detailed in the project description, lighting for the electronic billboards is required to adjust to remain at 0.3 foot candles above ambient light. This lighting level is consistent with the maximum lighting level recommended by the Outdoor Advertising Association of America (OAAA), which in tum is in compliance with the National Electrical Manufacturers Association (NEMA's) recommended lighting criteria for LED digital displays. This lighting level for the electronic billboards is also consistent with the recommendations of a Lighting Sciences Inc. study (2008) regarding lighting for digital billboards. The recommendations in the Lighting Sciences report were formulated with the intent of ensuring that the source of light is not offensive, or potentially dangerous. The study also found that digital billboards operating at the 161 Initial Study Page 30 of 98 conventional bottom mounted billboard lighting systems. For these reasons, the electronic billboards allowed under the Zone Amendment would not create a substantial new source of light or glare. In addition to the installation of the electronic billboards, which represent a new source of light along the freeway corridor, the proposed project includes the removal of 26 illuminated static billboards along Railroad Avenue, Bouquet Canyon Road and Soledad Canyon Road (see Attachment A), which would be a benefit of the proposed project. FIGURE 9 PHOTOSIMULATION — MAGIC MOUNTAIN PARKWAY ELECTRONIC BILLBOARD — VIEW FROM I-5 Source: Allvision Initial Study Page 31 of 98 Initial Study Page 32 of 98 FIGURE 11 SITE 1 - VISUAL ANALYSIS — PHOTOSIMULATION WITH SIGN, SIX STUDY LOCATIONS FROM WHICH SIGN WOULD BE VISIBLE — MAGIC MOUNTAIN PARKWAY ELECTRONIC BILLBOARD Neighborhood POV: Slate Ct Neighborhood POv: Riverdiase 10 Initial Study Page 33 of 98 FIGURE 11 SITE 1- VISUAL ANALYSIS — PHOTOSIMULATION WITH SIGN, SIX STUDY LOCATIONS FROM WHICH SIGN WOULD BE VISIBLE — MAGIC MOUNTAIN PARKWAY ELECTRONIC BILLBOARD Neighborhood POv: Magic Mountain Chevron Neighborhood Pov: The Old Road at Santa Clara River \1 Initial Study Page 34 of 98 FIGURE 11 SITE 1- VISUAL ANALYSIS — PHOTOSIMULATION WITH SIGN, SIX STUDY LOCATIONS FROM WHICH SIGN WOULD BE VISIBLE — MAGIC MOUNTAIN PARKWAY ELECTRONIC BILLBOARD !Neighborhood POv: Baviera Way Neighborhood POv: Playa Serena Dr �1 I Initial Study Page 35 of 98 FIGURE 12 PHOTOSIMULATION — REMSEN STREET ELECTRONIC BILLBOARD — VIEW FROM SR -14 Source: Allvision 113 Initial Study Page 36 of 98 FIGURE 13 SITE 2 - VISUAL ANALYSIS — LOCATIONS STUDIED AND SITES FROM WHICH SIGN WOULD BE VISIBLE — REMSEN STREET ELECTRONIC BILLBOARD nV I Neighborhood POV: Studied Sites /1V Neighborhood Pov: Display Visible Sites Source: Allvtson M Initial Study Page 37 of 98 FIGURE 14 SITE 2 - VISUAL ANALYSIS — PHOTOSIMULATION WITH SIGN, TWO STUDY LOCATIONS FROM WHICH SIGN WOULD BE VISIBLE — REMSEN STREET ELECTRONIC BILLBOARD Neighborhood Pov: Sierra Hwy 2 Neighborhood Pov: Eismere Canyon 2 Source: Allvison V15 Initial Study Page 38 of 98 FIGURE 15 PHOTOSIMULATION — NORLAND ROAD ELECTRONIC BILLBOARD — VIEW FROM SR -14 Source: Allvision 11W Initial Study Page 39 of 98 FIGURE 16 SITE 3 — VISUAL ANALYSIS — LOCATIONS STUDIED AND SITES FROM WHICH SIGN WOULD BE VISIBLE — NORLAND ROAD ELECTRONIC BILLBOARD a Neighborhood Pov: Studied Sites nv Neighborhood Pov: Display Visible Sites iource: r -q Initial Study Page 40 of 98 FIGURE 17 SITE 3 - VISUAL ANALYSIS - PHOTOSIMULATION WITH SIGN, THREE STUDY LOCATIONS FROM WHICH SIGN WOULD BE VISIBLE - NORLAND ROAD ELECTRONIC BILLBOARD Neighborhood Pov: Lost Canyon 1 Neighborhood Pov: Dune 1 Initial Study Page 41 of 98 FIGURE 17 SITE 3 - VISUAL ANALYSIS - PHOTOSIMULATION WITH SIGN, THRE STUDY LOCATIONS FROM WHICH SIGN WOULD BE VISIBLE - NORLAND ROAD ELECTRONIC BILLBOARD Neighborhood Pov: Rosehaven 1 Initial Study Page 42 of 98 � 0 Initial Study Page 43 of 98 FIGURE -19 VISUAL ANALYSIS — PHOTOSIMULATION BEFORE AND AFTER STATIC BILLBOARD REMOVAL— EXAMPLES ALONG SOLEDAD CANYON ROAD Santa ml Initial Study Page 44 of 98 II. AGRICULTURE a) No Impact: There are currently no agricultural operations being conducted on RESOURCES the billboard leasehold sites. According to the Land Use Element of the City of Santa Clarita General Plan' (General Plan, page L46) there are about 150 acres of land designated on the State's Farmland Map within the City of Santa Clarita. "These designated farmlands occur in scattered locations, generally on alluvial soils adjacent to the Santa Clara River, Castaic Creek, San Francisquito Canyon, and Bouquet Canyon." According to Figure 3.5-1 of the One Valley On Vision Program EIR2 (OVOV EIR), the three billboard sites are not within an area of Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance as identified by the California Department of Conservation, Division of Land Resource Protection on the Los Angeles County Important Farmland 2002 map (California Department of Conservation, Division of Land Resource Protection, 2004). Therefore, the proposed project would have no impact to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. b) No Impact: The City of Santa Clarita does not have any agricultural zoning designations, nor does the City's General Plan identify any agricultural land use designations. Further, according to page 3.5-11 of the One Valley On Vision Program EIR there is no Williamson Act contract land in the City. Therefore, the proposed project would not conflict with zoning for agricultural use or Williamson Act contracts, and would have no related impacts. c -d) No Impact: The billboard leasehold sites contains no forest land or timber resources. Therefore, the proposed project would not conflict with existing zoning of forest/timber land, would not cause the rezoning of forest/timber land, and would not result in the loss or conversion of forestland. e) No Impact: The billboard leasehold sites are not currently used for agricultural purposes. Additionally, the development of the leasehold sites would not, in any way, hinder the operations of any existing agricultural practices. Therefore, the project will not have an impact that could result in conversion of farmland to non- agricultural use. III. AIR QUALITY a) Less Than Significant Impact: The City of Santa Clarita is within the South Coast Air Basin (SCAB), which is bounded by the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the Pacific Ocean to the south and west The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD). The SCAB has a history of recorded air quality violations and is an area where both state and federal ambient air quality standards are exceeded. Because of the violations of the California Ambient Air Quality Standards (CAAQS), the California Clean Air Act requires triennial preparation of an Air Quality Management Plan (A MP). The A MP analyzes air quality on a regional level ' City of Santa Clarita General Plan, adopted by the City Council on June 14, 2011 by adoption of Resolution No. I1-63. The City of Santa Clarita's General Plan (General Plan) is available at: http://www.codet)ubb shine.eom/CA/SantaClarita/htmi/SantaClaritaGP/SantaClaritaGP.html ` Final Program EIR for the City of Santa Clarita's Proposed One Valley One Vision General Plan (OVOV), SCH#200807113, prepared for the City of Santa Clarita by Impact Sciences, May 2011. A copy of the OVOV FEIR is available at: http://www.santa-clarita.com/index.asnx?page=673 W Initial Study Page 45 of 98 and identifies region -wide attenuation methods to achieve the air quality standards. These region -wide attenuation methods include regulations for stationary -source polluters; facilitation of new transportation technologies, such as low -emission vehicles; and capital improvements, such as park-and-ride facilities and public transit improvements. The most recently adopted plan is the 2012 AQMP that was adopted by the SCAQMD Governing board on December 7, 2012. Prior to adoption of this Plan, the last AQMP was the 2007 AQMP. The AQMP is the South Coast Air Basin's portion of the State Implementation Plan (SIP). The SCAQMD's CEQA Handbook identifies two key indicators of consistency with the AQMP: (1) Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP (except as provided for CO in Section 9.4 for relocating CO hot spots). , (2) Whether the project will exceed the assumptions in the AQMP in 2010 or increments based on the year of project buildout and phase. In regards to criterion 1, the consistency criterion pertains to long-term local air quality impacts, rather than regional emissions, as defined by the SCAQMD. The SCAQMD has identified carbon monoxide (CO) as the best indicator pollutant for determining whether air quality violations would occur, as CO hot -spot is most directly related to increase in traffic. Nevertheless, the air basin is now in attainment for the CO standards and exceedances of the CO standards are not expected. Consequently, local air quality impact modeling is no longer performed. Local air pollutant concentrations would not be expected to exceed the ambient air quality concentration standards due to local traffic, with or without the project. Because the project is not projected to impact the local air quality, the project is found to be consistent with the AQMP for the first criterion. (See lII.b). In regards to criterion #2, the assumptions used to develop the AQMP are based upon projections from local general plans. Consequently, conformity with the AQMP of land development projects is measured by the project's consistency with adopted land use plans, growth forecasts, and programs relative to population, housing, employment, and land use. The proposed project is consistent with the Zoning and General Plan Land Use designations for the Magic Mountain and Remsen Street leasehold sites. Although the proposed electronic billboard at the Norland Drive leasehold site will require a zone change and General Plan Amendment, an electronic billboard is not a land use that would result in an increase in long term population or employment in the area. As a result, the project is consistent with the growth expectations for the region. The proposed project is therefore consistent with the AQMP, and would have less than significant impacts. b -c) Less than Significant Impact, The City of Santa Clarks is within the South Coast Air Basin (SCAB), which is an airshed that regularly exceeds ambient air quality standards (AAQS) — i.e., a non -attainment area. The SCAB is designated a non -attainment area for respirable particulate matter (PM10), fine particulate matter (PM2.3), and ozone (Os). The SCAB is currently a designated attainment area for the remaining criteria pollutants, which include carbon monoxide (CO), nitrogen oxides (NOx), and sulfur dioxide (SO2). MR Initial Study Page 46 of 98 3 Truck trips are based on the following assumptions: removal of approximately 25,830 square feet of existing advertising surface, in three phases. Assuming a maximum thickness of 3 feet per sign, to account for sign and support structures, total waste is estimated at 77,490 cubic feet or 2,870 cubic yards. Assuming dump truck capacity of 25 cubic yards per truck yields an estimate of 115 trucks for waste disposal. This is likely to be a worst-case estimate. The project includes: (1) City adoption of a Zone Amendment to the text of the UDC to provide for the reduction and relocation of billboards; (2) phased removal of approximately 62 existing static billboards city-wide within the Metro right-of- way; and, (3) construction of three electronic billboards on three City -owned sites. The proposed project would generate short-term construction air pollutant emissions from demolition of the 62 existing static billboards and construction of the three new electronic billboards. Demolition of the 62 existing static billboards would be phased, with removal of at least one-third of the static billboard inventory in Attachment A occurring prior to the construction of each electronic billboard. Demolition of the static billboards would generate limited emissions, however, the primary source of demolition emissions would be haul trips of the waste material. Total material to be removed is estimated to conservatively be less than 77,490 cubic feet, or 2,870 cubic yards. This equates to only about 115 trucks worth of material, or approximately 39 trucks per phase .3 Using the SCAQMD's highest (worst-case) on -road EMFAC 2007 (v2.3) emissions factors for heavy-duty diesel trucks in 2013 and a worst-case 30 - mile round-trip trip length, estimated emissions total: 32.15 pounds of CO, 94.63 pounds of NOx, 7.8 pounds of ROG, 0.14 pounds of SOx, 8.73 pounds of PMIO, and 7.44 pounds of PM2.5, as shown in Table W.I. These figures represent total emissions, if all of the static billboard removal trips were to happen on a single day. All haul trip emissions levels are well below the SCAQMD threshold for construction emissions shown in Table III.1, even if all of the waste hauling occurred on a single day. However, removal of the static billboards would be phased, and each phase would take more than one day. ...ROG NOx OD -PM, PM1!7,IROG Removal Static 7.8 94.63 32.15 0.14 8.73 7.44 total pounds — ndS daal Thresholds 75 100 550 150 150 55No No No No No No Emissions associated with static billboard removal are anticipated to be less than significant. Construction of the three electronic billboards would also be a source of short-term construction emissions. Emissions would result from the use of construction equipment operating at the site, site preparation, construction, and soil removal. However, given the effectively flat condition of the three sites, site preparation is anticipated to be largely limited to installation of utilities and the drilling of the hole for each sign column. Site preparation at Site 1 — Magic Mountain and Site 2 - Remsen also includes limited trenching for a proposed underground power line. Site preparation at Site 3 — Norland Street, includes installation of a proposed overhead power line and power line connection. Excavation for installation of the support column is anticipated to result in the export of 18.56 cubic yards of soil at the Magic Mountain site, and 20.37 cubic yards of soil at both the Remsen Street 3 Truck trips are based on the following assumptions: removal of approximately 25,830 square feet of existing advertising surface, in three phases. Assuming a maximum thickness of 3 feet per sign, to account for sign and support structures, total waste is estimated at 77,490 cubic feet or 2,870 cubic yards. Assuming dump truck capacity of 25 cubic yards per truck yields an estimate of 115 trucks for waste disposal. This is likely to be a worst-case estimate. Initial Study Page 47 of 98 4 Results are from the City of Roseville's Negative Declaration for a Proposed Digital Billboard, April 4, 2013 which analyzed the air quality impacts of one digital electron billboard of similar size and construction method. and Norland Drive leasehold sites. Construction emissions for this type of electronic billboard has been estimated using CalEEMod software version CaIEEMod.2011.1.1.4 Daily emissions assuming concurrent construction of the three electronic billboards are shown in Table M.2. Emissions levels would be well below the SCAQMD thresholds, even with concurrent construction. However, is not anticipated that the construction of the three electronic billboards would occur concurrently. Fable 111.2 ROG I NOx -I CO I SO2 I PMm PM23 Constriction Three Electronic 8.46 59.13 31.35 0.09 3.42 3.24 Billboards SCAQMD Re fowl Thresholds 75 100 550 150 150 55 Sisrnificwtq No I No No No No No Construction of the three electronic billboards is anticipated to result in less than significant construction emissions. The emissions shown in Tables 111.1 and 111.2 are pre -mitigation emission levels. All construction equipment is required to comply with California Air Resources Board (CARB) regulations, and construction activity is subject to the SCAQMD regulations. The SCAQMD has adopted Rule 403, which specifies BMP's to mitigate fugitive dust from construction sites. All construction within the SCAQMD is required to comply with Rule 403. The proposed project will comply with Rule 403 BMP's designed to lessen fugitive dust emissions associated with the stock -piling or transporting of soil. During operation, the project is not expected to generate substantial air pollutants, since operation of the billboards will result in the generation of a negligible number of vehicles trips, the main cause of operational air pollution and emissions. Operations of an electronic billboard typically requires periodic maintenance, generally limited to two to six times per year which would and not involve grading, trenching, or other activities that would cause fugitive dust emissions. The digital sign copy would be changed remotely and not require any on-site work, other than maintenance. Maintenance of the proposed sign would occur as needed. The equipment required is estimated to consist of a boom lift and one pickup/utility truck It would take a crew conservatively estimated as three workers. Equipment would be brought to the site the day of installation and removed the following day. Additional less than significant impacts can be assumed over a period of time from repainting the sign, resulting in emissions from the evaporation of solvents contained in paints, varnishes, primers, and other surface coatings as part of maintenance, and from the vehicular trips associated with maintenance vehicles. Based on the minimal operational emissions of the proposed sign, the three proposed electronic billboard's operational emissions are not anticipated to exceed the SCAQMD's thresholds of significance. Operational emissions would be well below the SCAQMD thresholds for project operation shown in Table 111.3. 4 Results are from the City of Roseville's Negative Declaration for a Proposed Digital Billboard, April 4, 2013 which analyzed the air quality impacts of one digital electron billboard of similar size and construction method. Initial Study Page 48 of 98 SCAQ1TiD*I)er,1fionai ROG I NOx I CO J SO, PMW, IIIPMu SCA MD Regional Thresholds 1 55 1 55 1 550 1 150 i 150 55 significant? I No I No I No I No I No No As discussed above, neither construction nor operation of the proposed project would generate air pollutants in excess of the SCAQMD's regional significance thresholds. Therefore, the proposed project would not cause or substantially contribute to an existing or projected air quality violation, would not generate pollutants in excess of SCAQMD standards, and would not result in a cumulative considerable net increase of any criteria pollutant. d) Less than Significant Impact: Certain residents, such as the very young, the elderly and those suffering from certain illnesses or disabilities, are particularly sensitive to air pollution and are considered sensitive receptors. In addition, active park users, such as participants in sporting events, are sensitive air pollutant receptors due to increased breathing rates. Land uses where sensitive air pollutant receptors congregate include residential neighborhoods, schools, day care centers, parks, recreational areas, medical facilities, rest homes, and convalescent care facilities. The three proposed electronic billboards are not located in close proximity to sensitive receptors and would be located along key freeway corridors. As discussed above in part Hlb-c, both the operational and construction emissions of the project were found to be below the SCAQMD's regional emission thresholds. Impacts to sensitive receptors would therefore be less than significant. e) Less Than Significant Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for the reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The proposed use of the site and the surrounding uses are not shown on Figure 5-5 "Land Uses Associated with Odor Complaints' of the 1993 SCAQMD's CEQA Air Quality Handbook. Therefore, the proposed project would have less than significant odor -related impacts. [Uses shown on this figure include: agricultural, wastewater treatment plant, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding.] IV. BIOLOGICAL The project includes City adoption of a Zone Amendment to the text of the UDC to RESOURCES provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of- way; and, construction of three electronic billboards on three City -owned sites. Adoption of the Zoning Ordinance Amendment and removal of the existing 62 static billboards for the Metro right-of-way are not activities that would result in biological resource impacts. Removal of the static billboards will take place within the Metro right-of-way and does not involve the removal of any vegetation. The electronic billboard portion of the project includes a number of design features and must comply with the following regulatory requirements which limit the potential for biological resource impacts: • The signs are located immediately adjacent to heavily travelled freeway corridors. • Construction of the proposed billboards will result in a very small disturbance footprint 60" diameter permanent loss of habitat for the Initial Study Page 49 of 98 m • The light emitted from the signs is directed toward the adjacent freeways, and generally away from adjacent designated critical habitat for arroyo toad and southwestern willow flycatcher; the oak woodland and floodplain habitats of the Santa Clara River. The project incorporates Photocell technology that periodically and automatically adjusts sign brightness (92% less than traditional billboards), implements Lighting Sciences, Inc. recommendations and follows IESNA protocols and guidelines. These technologies and guidelines are considered to be superior to traditionally illuminated billboards (in terms of amount of sky glow or light trespass). The project is subject to a number of existing regulatory requirements, including: SCAQMD Rule 403: Fugitive Dust which is designed to reduce fugitive dust emissions during construction; National Pollutant Discharge Elimination System (NPDES) requirements aimed at ensuring compliance with the federal Clean Water Act; and Chapter 10.04 of the City's Municipal Code — Stormwater and Urban Runoff Pollution Control. These regulatory requirements, which have become a part of standard construction practice, will ensure that construction of the electronic billboards will not result in significant offsite dust, sediments, stormwater runoff, or erosion. Only the construction of three electronic billboards on the three vacant leasehold sites has the potential to result in biological resource impacts. A Biological Resource Assessment has been prepared for the three leasehold sites by AMEC Environmental & Infrastructure, Inc. in order to assess the potential for biological resource impacts. In addition an oak tree survey was conducted at Site 2: Remsen Road on 20 April 2013 by consulting arborist Mark Crane (WE -3707A) (Appendix 5 of the Biological Resource Assessment). These studies are incorporated herein by reference and are available for review at: City of Santa Clarita Community Development Department, 23920 Valencia Blvd., Suite 302, Santa Clasita, CA 91355. a) Less than Significant with Mitigation: Although the three proposed electronic billboard sites are located within or immediately adjacent to two different SEAS, the floodplain of the Santa Clara River, and final designated critical habitat for the arroyo toad and southwestern willow flycatcher and proposed designated critical habitat for unarmored three spine stickleback, implementation of these three projects is not expected to result in adverse impacts to any federal or state listed species for a variety of reasons including lack of suitable onsite habitat, physical geographic barriers and project design (i.e., the relatively small footprint, directing the signs away from sensitive habitats and incorporating Photocell technology). There is, however, potential (mostly low) for some of the other special status species to occur on some of the sites. The potential for special -status species to occur on each of the sites is discussed below: Site 1 — Magic Mountain Parkway: No special -status species were observed at this site during the field surveys. The location of billboard Site 1 - Magic Mountain Parkway is at the top of a steep, vertical cliff/bluff that would I �1 Initial Study Page 50 of 98 preclude access to the site by the arroyo toad, California red -legged frog, Mountain yellow -legged frog, coast range newt, southwestern pond turtle, two - striped garter snake and south coast garter snake. Soils on this site are also disturbed, highly compacted and appear to be unsuitable for toad, turtle and coast homed lizard burrowing. Breeding habitat (riparian) for the southwestern willow flycatcher, least Bells' vireo, yellow -billed cuckoo and all of the other riparian -nesting special -status species is not present at Site 1, thus these species are generally be considered to be absent. These species along with many others (coast horned lizard, coastal western whiptail, many birds and bats) occurring nearby or migrating through the area, may, however forage onsite periodically due to the proximity of the site to their respective breeding/roosting habitats. Nesting opportunities (i.e., small mammal burrows, culverts, drain pipes, etc.) suitable for burrowing owls were not observed onsite and thus burrowing owls are considered to be absent on the site for nesting purposes. The potential for burrowing owl nesting adjacent to the site (within the 150 in buffer zope area) as well as onsite/offsite foraging is considered to be low unless burrows occur in this area. Onsite nesting habitat for coastal California homed lark is, however, present at this location. Several coast live oaks have been planted as decorative landscaping around the City of Santa Clarita sign immediately adjacent to Site 1. Impacts to these trees are not anticipated and these trees are exempt from City Oak Tree Permit requirements due to their small size. Due to an overall lack of suitable habitat and the disturbed and compacted soils that have resulted from past site grading and vegetation clearance, no other special -status plant species are expected to occur at this site. Site 2 — Remsen Street; Billboard Site 2 is located within the ROW of Remsen Street. The coast live oak woodland, Great Basin sagebrush scrub and non- native grasslands present at Site 2 provides suitable habitat for Mt Pinos onion, late -flowered mariposa lily, Plummer's mariposa lily, Peirson's morning-glory, San Gabriel bedstraw, Davidson's bush mallow, whiteveined monardella, mainland cherry, white rabbit -tobacco, silvery legless lizard, coastal western whiptail, ringneck snake, coast homed lizard, coast patch - nosed snake, mountain lion, northwestern San Diego pocket mouse and American badger. Additionally, nesting habitat for long-eared owl, oak titmouse, Costa's hummingbird, Lawrence's goldfinch, white-tailed kite, greater roadrunner, loggerhead shrike, Nuttall's woodpecker, Allen's hummingbird and roosting habitat for western mastiff bat, silver -haired bat, hoary bat and western yellow bat is present at Site 2. These species are associated with the onsite vegetation communities and are known to occur in the vicinity. However, only one special -status bird species, the oak titmouse (Baelolphus inornatus) was detected at this site during the assessment. The oak tree report concluded that construction of the billboard at this site would not affect any of the coast live oaks or areas within the drip lines of these trees. For this reason, an oak tree permit is not expected to be required. As adjacent trees mature and encroach onto or in front of the sign/structure, the need for future pruning is possible (Crane, M. 2013). Should it be determined that billboard construction requires tree trimming, removal or disturbance within the drip line of any oak trees, Mitigation Measure BIO -2 would insure that impacts remain less than significant. Initial Study Page 51 of 98 Site 3 — Norland Road: No special -status animal species were observed at this site during the field surveys. This site is located in an area that is somewhat disturbed and is dominated by Great Basin sage scrub. Soils at this site are mostly compacted, gravelly and have been subject to illegal dumping of asphalt, concrete and other debris, off-road vehicles and vegetation crushing. Despite this sites adjacency to the floodplain of the Santa Clara River, most special -status species associated with river habitats are not expected to occur at this site, as the site lacks any. riparian vegetation communities and proximity to water. The site is also located at the top of a steep, nearly vertically -incised —loft. embankment that would serve as an effective but localized barrier to small, terrestrial wildlife. For these reasons, the arroyo toad, California red - legged frog, Mountain yellow -legged frog, coast range newt, southwestern pond turtle, two -striped garter snake, south coast garter snake, southwestern willow flycatcher, least Bells' vireo, yellow -billed cuckoo and all of the other riparian -nesting special -status bird species are considered to be absent from the site. The site does, however, contain habitat suitable for the Mt. Pinos onion, Parish's sagebrush, loggerhead shrike, San Emigdio blue butterfly, coast homed lizard, northwestern San Diego pocket mouse, southern grasshopper mouse, and mountain lion. It also contains suitable habitat for the American badger although burrows were not observed. Nesting opportunities (i.e., small mammal burrows, culverts, drain pipes, etc.) suitable for burrowing owls were not observed onsite therefore there is no potential for burrowing owl nesting at the site proper. Offsite burrowing owl nesting and onsite/offsite foraging is considered to be low unless burrows are present in the 150 in buffer zone area. Mitigation BIO -1 will ensure that impacts to any nesting sensitive bird species, except for burrowing owls, should they occur on the sites, will be less than significant: Mitigation Measure BIO -1: Grading, clearing, grubbing, and/or removal of vegetation — particularly removal or pruning of mature trees — shall be conducted outside the nesting bird season, which typically occurs from February 16 to August 31. Any grading, clearing, grubbing and/or removal of vegetation during the nesting bird season (February 16 to August 31) will require a nesting survey performed by a qualified biologist at least one (1) week prior to the activity. If discovered, all active nests shall be avoided and provided with an adequate buffer zone to protect nestlindividuals as determined by the biologist (typically a minimum buffer of 300 feet for most species and 500 feet for raptors). Once buffer zones are established, work shall not commence/resume within the buffer until a qualified biologist confirms that all fledglings have left the nest, which would likely not occur until the end of the nesting season. Mitigation Measure BIO -2 will ensure that impacts to coast live oaks on Site 2 — Remsen Drive will be less than significant: Mitigation Measure BI0-2: Following construction of the electronic billboard at Site 2 — Remsen Street, no pruning of the oak trees at this location shall occur without fust consulting with the Community Development Department of the City of Santa Clarita to determine if an Oak Tree Permit is required. If it is determined that an Oak Tree Permit is required, no disturbance of the oak trees shall occur until the necessary permit is obtained. All oak tree pruning Initial Study Page 52 of 98 shall be conducted in accordance with the conditions of any required Oak Tree Permit. Mitigation Measure BIO -3 will ensure that special -status species will not be indirectly affected by fugitive dust during construction. Mitigation Measure BIO -3: In order to reduce fugitive dust emissions during construction, the City shall require the construction contractor to comply with the applicable requirements of SCAQMD Rule 403: Fugitive Dust for each phase of construction, including: • Maintain live perennial vegetation where possible. • Apply water or a stabilizing agent in sufficient quantity to prevent generation of visible dust and visible dust leaving the construction site (typically 3 times/day). • Cover all stockpiles with tarps at the end of each day, or as needed. • Stabilize exposed soils once earth -moving activities are complete. • During soil export, stabilize material to reduce fugitive dust emissions, and use tarps or maintain at least six inches of freeboard on haul vehicles. As discussed above, Sites 1 and 3 contain and are immediately adjacent to habitat generally considered suitable for burrowing owl (i.e. annual and perennial grasslands, deserts, and scrublands characterized by low -growing vegetation). However, nesting opportunities (i.e., small mammal burrows, culverts, drain pipes, etc.) suitable for burrowing owls were not observed on the relatively small billboard sites and thus the potential for burrowing owl nesting onsite is not present at these locations. Although no burrows were observed onsite, adjacent areas within 150 m buffer zone surrounding the sites were not surveyed for presence of burrows as required by the burrowing owl survey protocol. Activities that the CDFW considers to have the potential to take burrowing owls and burrowing owl habitat include: grading, disking, cultivation, earthmoving, burrow blockage, heavy equipment compacting and crushing burrow tunnels, levee maintenance, flooding, burning and mowing (if burrows are impacted), and operating wind turbine collisions. Additionally, the following activities have the potential to impact to burrowing owls: eradication of host burrowers; changes in vegetation management (i.e. grazing); use of pesticides and rodenticides; destruction, conversion or degradation of nesting, foraging, over -wintering or other habitats; destruction of natural burrows and burrow surrogates; and disturbance which may result in harassment of owls at occupied burrows (CDFG 2012). The Staff Report on Burrowing Owl Mitigation Guidelines prepared by CDFG (March 2012) provides a progressive three-step approach in determining whether projects may result in impacts to burrowing owls. The information gained from these steps will inform any subsequent avoidance, minimisation and mitigation measures. The steps for project impact evaluations are: 1) habitat assessment, 2) surveys, and 3) impact assessment. The Guidelines provide mitigation measures if a survey confirms occupied habitat. Step 1 is a Habitat Assessment. Burrowing Owl habitat is described in the Guidelines as: In California, burrowing owl habitat generally consists of short, sparse vegetation with few shrubs, level to gentle topography and `� t Initial Study Page 53 of 98 well -drained soils (CDFG 2012). Grasslands, shrub steppe, and desert are representative natural habitats used by the burrowing owls. Additionally, burrowing owls also occur in agricultural areas, ruderal grassy fields, vacant lots and pastures if the vegetation structure is suitable and there are useable burrows and foraging habitat in proximity (Gervais et al 2008).Suitable owl habitat may also include trees and shrubs if the canopy covers less than 30 percent of the ground surface. Burrows are the essential component of burrowing owl habitat: both natural and artificial burrows provide protection, shelter, and nests for burrowing owls (Henry and Blus 1981). Burrowing owls typically use burrows made by fossorial mammals, such as ground squirrels or badgers, but also may use man-made structures, such as cement culverts; cement, asphalt, or wood debris piles; or openings beneath cement or asphalt pavement. Habitat assessments require that the entire potential projectlactivity area including areas that will be directly or indirectly impacted by the project be surveyed. This includes adjacent areas within 150 m or more where direct or indirect effects could potentially extend offsite (CDFG 2012). For this reason, a burrow search of the adjacent areas conducted in accordance with CDFG Staff Report on Burrowing Owl Mitigation (CDFG 2012) is necessary. If burrows are present in the adjacent 150 m area, focused surveys where direct or indirect effects could potentially extend offsite may also be required. Mitigation Measure B1O4 will ensure that impacts to burrowing owls, should they be present in the buffer zone, will be less than significant: Mitigation Measure BI04: A burrow search in the 150 m buffer zone areas surrounding Sites 1 and 2 will be conducted in accordance with CDFG Staff Report on Burrowing Owl Mitigation (CDFG 2012): a. If no burrows are found, no further action for burrowing owl would be required. b. If potentially suitable burrows are observed in the 150 m buffer zone area surrounding the sites, a burrowing owl survey will be conducted in accordance with the CDFG Staff Report on Burrowing Owl Mitigation. If no burrowing owls are found during the survey, burrowing owls would be considered absent from the site and adjacent areas. c. If owls are detected within the 150 in buffer zone area during the surveys, mitigation for direct and/or indirect impacts to burrowing owls will be implemented in accordance with the CDFG Staff Report on Burrowing Owl Mitigation (CDFG 2012) and in consultation with and to the satisfaction of the CDFW. d. A final take avoidance survey for burrowing owls conducted within 24 hours prior to ground disturbance in accordance with CDFG mitigation requirements. El Initial Study Page 54 of 98 As detailed above there is the potential (mostly low) for the special -status species to occur on the sites. Even if members of special -status species are present on the sites, with implementation of the mitigation measures listed above, it is not anticipated that the proposed project will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service, due to the generally low potential for occurrence and the project design (i.e., the relatively small footprint, directing the signs away from sensitive habitats and incorporating Photocell technology). A combination of project design features and mitigation measures would avoid or reduce the potential for impacts on special -status species (if present) to a level considered less than significant. b) Less Than Significant Impact: According to the Biological Resources Assessment (at page 34) no special -status vegetation communities or habitats are present at any of the proposed billboard sites. The project site contains no riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish or Wildlife Service. Both the Magic Mountain Parkway and Norland Road sites are outside the bed and banks of the Santa Clara River. Therefore, the project would have no significant impact on riparian habitat or other sensitive natural community. c) Less Than Significant With Mitigation: According to the Biological Resources Assessment (at page 12): "no areas of the sites appear to contain wetlands, "waters of the U.S." or waters of the state, or streambeds as defined by the United States Army Corps of Engineers (USACOE), the CDFW or by the Porter Cologne Act" No direct impacts to federally protected wetlands are anticipated to occur as a result of the proposed project. Two of the project sites are located adjacent to the Santa Clara River, mitigation measure BIO -3 and the project's design features will ensure that indirect impacts to the Santa Clara River are less than significant. (See also discussion under IV.g.). d) Less Than Signficant With Mitigation: In addition to the special -status avian species potentially occurring (nesting) on the billboard sites (primarily at Site 2), a variety of other common resident and migrant bird species may also use the sites and adjacent habitats, including highly disturbed areas for nesting. Birds have evolved to utilize nearly all available habitats and microhabitats for nesting, including barren ground, grasses and small shrubs. Representative bird species that are known to nest in sparsely vegetated and barren areas such as that occurring at Site 1 include, but are not limited to, killdeer (Charadrius vociferous) and western meadowlark (Sturnella neglecta). All nesting birds are protected under the Federal Migratory Bird Treaty Act (MBTA) (Title 33, United States Code, Section 703 et seq., see also Title 50, Code of Federal Regulation, Part 10) and Section 3503 of the California Department of Fish and Game (CDFG) Code). The Migratory Bird Treaty Act (MBTA) and treaties signed by the U.S., Great Britain, Mexico, Japan, and the republics of the former Soviet Union make it unlawful to pursue, capture, kill, and/or possess, or attempt to engage in any such conduct to any migratory bird, nest, egg or parts thereof. As with the ESA, the MBTA also allows the Secretary of the Interior to grant permits for the incidental take of these protected migratory bird species. Birds have evolved to utilize nearly all available habitats and microbabitats for nesting, including barren ground, grasses and small shrubs. Representative bird Initial Study Page 55 of 98 species that are known to nest in sparsely vegetated and barren areas such as that occurring at Site 1 include, but are not limited to, killdeer (Charadrius vociferous) and western meadowlark (Sturnella neglecia). All native bird species are protected under the MBTA while nesting. Disturbance to nesting special -status and common bird species alike must be avoided. Compliance with Mitigation Measure BI0-1 will ensure that impacts are less than significant. e) Less than Significant with Mitigation: The City of Santa Clarita's Oak Tree Ordinance (Ordinance 88-34) establishes regulatory measures that mandate the manner in which oak trees may be removed, pruned, cut or encroached upon. Oak trees include any tree of the oak genus Quercus, which includes, valley oaks, California live oaks, canyon oaks, interior live oaks and scrub oaks regardless of size. As explained in the Biological Resource Assessment (pages 8-9): It is City policy to require the preservation of all healthy oak trees. This policy applies to any removal, pruning, cutting and/or encroachment into the protected zone of oak trees. The City Manager or a designated representative (Director), along with an oak tree preservation consultant as necessary, is responsible for the administration, evaluation and monitoring of compliance of this policy. A valid oak tree permit must be obtained from the City and conducted in accordance with any permit conditions prior to any cutting, pruning, removal, relocation, endangerment, damage or encroachment into the protected zone of any oak tree on any public or private property. The applicant shall be required to famish all necessary information as determined by the Director together with the appropriate fee as established by Council resolution. Application materials shall include, but not be limited to, an oak tree report conforming to the Director's specifications, a survey of the tree, its dripline and protected zone location, and illustrations and justifications of the proposal and tree tagging unless waived by the Director. An oak tree permit is not required under the following circumstances: 1. For trees that do not exceed six (6) inches in circumference when measured at a point four and one-half (4.5) feet above the tree's natural grade or for those trees on properties occupied by a single-family residence that do not exceed twelve and one-half (12.5) inches in circumference when measured at a point four and one-half (4.5) feet above the tree's natural grade. 2. In cases of emergency such as thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards, the Director, oak tree consultant, or any member of law enforcement or law enforcement agency, forester, fireman, civil defense official or Code Enforcement Officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition. 1�s Initial Study Page 56 of 98 3. For trees planted, grown and/or held for sale as a part of a licensed nursery business. 4. Pruning conducted by a public service or utility in order to protect or maintain overhead clearance for existing electrical power, communication lines, or public rights-of-way. Any and all pruning shall follow proper arboricultural practices as approved by the Director and/or the City's oak tree consultant and be subject to prior notice to the Director in nonemergency situations. 5. Pruning of branches or deadwood provided live limbs do not exceed six (6) inches in circumference at the cut location. Any and all pruning shall follow proper arboricultural practices as approved by the Director and/or the City's oak tree consultant and shall not endanger the life of the tree or diminished its aesthetic value. 6. When written permission from the Director for the removal of a maximum of three (3) scrub oaks (Quercus dumosa) has been obtained by the property owner. 7. For routine maintenance as defined herein. 8. Pruning of limbs of an oak tree(s) on the properties occupied by a single-family residence; provided, that such pruning is undertaken under the supervision of an arborist retained by the owner and approved by the Director. 9. Minor encroachments as defined herein 10. For those trees that are purchased and/or planted for non - mitigation purposes by the property owner of a single-family residence on the same property occupied by the residence. The owner shall not remove oaks owned and maintained by the City. • Site 1) Maeic Mountain Pazkwav — Several coast live oaks have been planted as decorative landscaping around the City of Santa Clarita sign immediately adjacent to Site 1. Impacts to these trees are not anticipated and these trees are exempt from City Oak Tree Permit requirements due to their small size. Impacts would be less than significant. • Site 2) Remsen Street — At least one coast live oak is located immediately adjacent to the proposed billboard site and is part of an adjacent coast live oak woodland. An oak tree survey conducted by a qualified arborist concluded that the construction of the proposed billboard at this site would not affect the oak trees or disturb any areas of their respective driplines. (Appendix 5, Biological Resource Assessment). For this reason, an oak tree permit is not expected to be required. As adjacent trees mature and encroach onto or in front of the sign/structure, the need for future pruning is possible (Crane, M. 2013). Should it be determined that billboard operation and maintenance requires tree trimming, removal or disturbance within the drip line of any oak trees, a City -issued Oak Tree Permit may be required at that time. For this reason a mitigation measure has been included requiring an Oak Tree Permit `m Initial Study Page 57 of 98 prior to any future pruning of the oak tree. • Site 3) Norland Road — There are no oak trees within the leasehold site. No oak tree impacts are anticipated. Compliance with Mitigation Measure BIO -2 will ensure that oak tree impacts are less than significant. f) No Impact: The project site is not within a Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or state habitat conservation plan. Therefore, the project would not conflict with any adopted habitat conservation plans, and the project would have no related impacts. g) Less Than Significant With Mitigation: The nearby plant communities and habitats present along the Santa Clara River are of high ecological value as these aquatic, riparian and floodplain ecosystems are home to wide variety resident and migratory common and special -status plant and animal species. For these reasons, the Santa Clara River and adjacent areas are designated as SEAS within the City's General Plan. Site 1: Magic Mountain NL and Site 3: Norland Drive EL are located on parcels that are within the boundaries of SEA -23: Santa Clara River. Site 2: Remsen Street WL is located within the ROW of Remsen Street, immediately adjacent to SEA- 20: Santa Susana Mountains. Within the City of Santa Clarita projects with the potential to impact an SEA are required to prepare a Biological Resource Assessment. Compliance with the mitigation measures contained in this Biological Resource Assessment (i.e. Mitigation Measures BIO -1 to BI04) will ensure that SEA impacts are less than significant. H )No Impact. All biological resources issues are addressed under IV.a-f V. CULTURAL a) Less Than Significant: According to the Final Program EIR for the City of RESOURCES Santa Clarita's Proposed One Valley One Vision General Plan (OVOV EIR), the Santa Clarita Valley Historical Society and the California Register of Historic Resources (CRHR) currently list 20 historical properties, sites, and landmarks in the area surrounding and including the City of Santa Clarita. None of these sites are located in proximity to Site 1 — Magic Mountain or Site 3 — Norland Road, as shown on Figure 3.8-1 of the OVOV EIR No historical resources are identified as located on Site 2 — Remsen Street in the OVOV EIR However, two sites are located within 1.5 miles of Site 2 — Remsen Street as shown on Figure 3.8-1 of the OVOV EIR. As discussed more fully under V.b, the Lyons Station/Eternal Valley Cemetery (State Historic Landmark #668) is located approximately 0.6 miles north of Site 2 — Remsen Drive. In addition, there are no resources eligible for recognition as local cultural or heritage resources located on any of the three leasehold sites. Since no historical resources are located on any of the three leasehold sites, it is anticipated that the proposed installation of electronic billboards on the three parcels will have a less than significant impact on any historical resources eligible for listing in the National Register of Historic Places, the California Register of Historic Resources, as a California Historical Landmark, or a California Point of Historic Interest. b) Less Than Significant with Mitigation: See response to V.a), above. There are no known historical, prehistoric or historic archeological sites on any of the three 1q5 Initial Study Page 58 of 98 leasehold sites. However, two sites are located within 1.5 miles of Site 2 — Remsen Street as shown on Figure 3.8-1 of the OVOV EIR. The Lyons Station/Eternal Valley Cemetery (State Historic Landmark #668) is located approximately 0.6 miles north of Site 2 — Remsen Street. According to the OVOV EIR, page 3.8-8: "A stage stop was built here in 1852. It was used by the Butterfield Overland Stage line from 1857 to 1861 as a resting place for soldiers and camel caravans from Fort Tejon. Many pioneers are buried here in the Eternal Valley Cemetery." Site 2- Remsen Drive is also located approximately 1.5 miles north of Beale's Cut Stagecoach Pass (State Point of Historic Interest No. 1006). According to the OVOV EIR, page 3.8-12: "In 1862-63, General Edward Beale improved the wagon route through the present-day Newhall Pass between the current locations of SR -14 and Sierra Highway to a depth of 90 feet. Beale installed a tollbooth at this location, which he continued to operate for 20 years. The Newhall Tunnel, part of the Ridge Route, bypassed Beales Cut in 1910." Because Site 2 — Remsen Street is located in the general vicinity of two historic sites, the following mitigation measures from the OVOV EIR have been included to ensure that there will be no significant impact to any cultural resources, should any be discovered during construction. With the incorporation of Mitigation Measure CULT -1, the proposed project would not significantly impact cultural resources, even if currently unknown archeological resources are discovered during construction. Mitigation Measure CULT -1: In the unlikely event that archeological sites accidentally discovered during construction, there shall be an immediate evaluation of the fmd by a qualified archeologist. If the find is determined to be a historical or unique archeological resource, as defined under CEQA, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation shall be provided. Construction work may continue on other parts of the construction site while historical/archeological mitigation takes place, pursuant to Public Resources Code Section 21083.2(1). If the find is determined to be a historical or unique archeological resource, as defined under CEQA avoidance is the preferred treatment for cultural resources. Where avoidance of construction impacts is possible, covering of the cultural resource site with a layer of chemically stable soil and avoidance planting (e.g., planting of prickly pear cactus) shall be employed to ensure that indirect impacts from increased public availability to the site are avoided. Where avoidance is selected, cultural resource sites shall be deeded into permanent conservation easements or dedicated open space. If avoidance and/or preservation of in place of the historical or unique archeological resource is not possible, the following mitigation measures shall be initiated: a. A participant -observer as determined by the appropriate Indian Band or Tribe shall be used during archaeological testing or excavation in the project site. b. The project proponent shall develop a test level research design detailing how the cultural resource investigation shall be lq�p Initial Study Page 59 of 98 addressed through the excavation program. In particular, the testing program shall characterize the site constituents, horizontal and vertical extent, and, if possible, period of use. The testing program shall also address the California Register and National Register eligibility of the cultural resource and make recommendations as to the suitability of the resource for listing on either Register. The research design shall be submitted to the designated agency for review and comment. For sites determined, through the Testing Program, to be ineligible for listing on either the California or National Register, execution of the Testing Program will suffice as mitigation of project impacts to this resource. c) Less Than Significant Impact: No paleontological resources or unique geologic features are known to exist on any of the three sites. As detailed in Section VI — Geology and Soils, the soils at all three leasehold sites are alluvium. The alluvium is underlain with Pico formation sedimentary bedrock at Site 2 — Remsen. These are not the type of soils identified in the OVOV EIR (at page 3.8- 27) has having either a high or moderate potential for paleontological resources, such as the Saugus Formation with high paleontological resource potential, or the Quaternary terrace deposits with moderate potential, Furthermore, the project involves only limited drilling to provide for installation of one column per site, and limited excavation to allow for installation of electrical connections. These soil disturbing activities would occur in surface earth materials and would not extend into deep, older earth materials or bedrock where paleontological resources might be found. Therefore, it is not anticipated that the proposed project would encounter any paleontological resources, and the project is anticipated to have less than significant impacts. However, the following mitigation measure from the OVOV EIR is included to insure that impacts remain less than significant in the unlikely event that paleontological resources are discovered during project construction: Mitigation Measure CULT - 2: In the unlikely event that artifacts are found during construction, a paleontologist will be notified to stabilize, recover, and evaluate such finds. d) Less Than Significant Impact: There are no known human remains on the leasehold sites. The leasehold sites are not part of a formal cemetery and are not known to have been used for disposal of historic or prehistoric human remains. Thus, human remains are not expected to be encountered during construction of the proposed electronic billboards and impacts are anticipated to be less than significant. Site 2 — Remsen is located less than a mile from Lyons Station/Eternal Valley Cemetery (State Historic Landmark #668). In the unlikely event that human remains are encountered during project construction at any site, State Health and Safety Code Section 7050.5 requires the project to halt until the County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Compliance with these regulations would ensure the proposed project would not impact human remains. The following Mitigation Measure from the OVOV EIR is included to ensure compliance with these requirements. Mitigation Measure CULT -3: In the unlikely event that human remains are encountered during a public or private construction activity, other M Initial Study Page 60 of 98 than at a cemetery, State Health and Safety Code 7050.5 states that no further disturbance shall occur until the Los Angeles County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The Los Angeles County Coroner must be notified within 24 hours. If the coroner determines that the burial is not historic, but prehistoric, the Native American Heritage Commission (NAHC) must be contacted to determine the most likely descendent (MLD) for this area. The MLD may become involved with the disposition of the burial following scientific analysis. VL GEOLOGY AND Geotechnical reports have been prepared for the three electronic billboard leasehold SOII.S sites. The following answers to the Initial Study Geology and Soils questions are based on the information contained in the following reportss for the applicable site: • Site 1) Magic Mountain Parkway — Geotechnical Investigation for the Proposed Electronic Billboard, Magic Mountain Parkway, Santa Clarita, CA, March 21, 2013, prepared by RMA Group. • Site 2) Remsen Street — Geotechnical Investigation for the Proposed Electronic Billboard, Remsen Street, Santa Clarita, CA, March 29, 2013, prepared by RMA Group. • Site 3) Norland Road - Geotechnical Investigation for the Proposed Electronic Billboard, Norland Drive, Santa Clarita, CA, March 21, 2013, prepared by RMA Group. These three studies are incorporated herein by reference and are available for review at: City of Santa Clarita Community Development Department, 23920 Valencia Blvd., Suite 302, Santa Clarita, CA 91355 a)i. Less Than Significant Impact: The proposed project involves the removal of existing static billboard and the installation of three electronic billboards. The project would not expose people to adverse effects associated with earthquake faulting, since the project does not include the construction of any habitable structures. None of the leasehold sites are located within an Alquist-Priolo Earthquake Fault Zone as further detailed in the following bullets: • Site I - Magic Mountain Pazkway — According to the geotechnical report for this site (at page 3): "The site is not located within the boundaries of an Alquist-Priolo Earthquake Fault Zone for fault -rupture hazard The nearest Alquist-Priolo Earthquake fault Zone is located 1 mile to the northeast along the San Gabriel fault. No known faults are mapped through the site. The nearest regional faults are the San Gabriel and Holser faults located 1 mile to the northeast and west, respectively (Dibblee, 1996)." • Site 2 - Remsen Street — According to the geotechnical report for this site (at page 3): "The site is not located within the boundaries of an Alquist-Priolo Earthquake Fault Zone for fault -rupture hazard. No known faults are mapped through the site. The nearest regional faults is the San Gabriel and San Fernando faults faults located 2 miles to the northeast and south, respectively. . . The nearest mapped faults are the Beacon and Weldon faults located 1,500 and 3,800 feet to the southwest of the site and the Legion and Whitney Canyon or Whitney faults located 2,300 and 4,500 feet to the northeast and east. Winterer and Durham (1958) also maps a fault approximately 100 feet east of the site. Dibblee (1992) does not map this unnamed fault and Yerkes and im Initial Study Page 61 of 98 L,ampoeu tLuuwl maps uus unnamea mun aoom t,uuu reet norm or me site... . None of the four faults are located within an Alquist-Priola Earthquake Fault Zone. The nearest Alquist-Priolo Earthquake fault Zone is located 3/4 of a mile south of the site along sort sections of an unnamed fault that had mapped surface rupture during the 1971 Northridge Earthquake." • Site 3 - Norland Road - According to the geotechnical report for this site (at page 3): "Me site is not located within the boundaries of an Alquist-Priolo Earthquake Fault Zone for fault -rupture hazard. No known faults are mapped through the site. The nearest regional faults is the San Gabriel fault located 3.75 miles to the south." None of the project sites are located within an Alquist-Priolo Earthquake Fault Zone or within any other fault zones identified on Exhibit S-2 of the City's General Plan. Therefore, the proposed project would not expose people or structures to potential adverse effects from the rupture of a known earthquake fault and would cause no associated significant impacts. a)ii. Less than Significant With Mitigation: The City of Santa Clarita is within a seismically active region of Southern California. Consequently, the proposed electronic billboards will likely be subject to strong seismic ground shaking. However, the risks of earthquake damage can be minimized through proper engineering, design, and construction. The proposed structures are required to be built according to the Uniform Building Code and other applicable codes, and are subject to building inspection during and after construction. Geotechnical Reports have been prepared for each billboard site, specifying the specific construction practice for code compliance. Conforming to these required standards will ensure the proposed project would not result in significant impacts due to strong seismic ground shaking. Site-specific foundation design has not yet been completed, and will be in accordance with the recommendations of the applicable geotechnical study. Although the City of Santa Clarita requires compliance with the recommendations of any Geotechnical Reports prepared for a proposed project, and impacts would therefore be less than significant without the specification of mitigation, the following mitigation measures from the OVOV EIR and Geotechnical Reports for the sites have been included to ensure compliance with regulatory requirements and the recommendations of the Geotechnical Reports. Mitigation Measure GEO -1: The design and construction of structures and facilities shall adhere to the standards and requirements detailed in the California Building Code (California Code of Regulations, Title 24), City of Santa Clarita Building Code, and/or professional engineering standards appropriate for the seismic zone in which such construction within the City would occur as detailed in the Geotechnical Report for the site. Conformance with these design standards shall be enforced through building plan review and approval by the City of Santa Clarita Building and Safety Division prior to the issuance of building permits for any structure or facility. Mitigation Measure GEO-2: Plan Review - Once formal foundation plans are prepared for the subject property, the geotechnical consultant for the project shall review the plans from a geotechnical viewpoint, comment on changes from the plan used during preparation of the applicable Geotechnical Report, revise the recommendations of the applicable Geotechnical Report where necessary, and inform the City of Santa Clarita Building and Safety Division prior to the issuance of the Initial Study Page 62 of 98 building permit for the structure that plans are in conformance with recommendations of the applicable Geotechnical Report, Mitigation Measure GEO-3: Geotechnical Observation and Testing During Construction — The geotechnical/geologic consultant shall monitor compliance with the design concepts and recommendations and provide additional recommendations as needed during the earthwork and foundation phases of electronic billboard installation. The geotechnical engineer shall provide observation during the pile foundation excavation. After the drilling of pile, the geotechnical engineer shall provide additional observation and testing during the following construction activities: • During the trenching and backfilling operations of buried improvements and utilities to verify proper backfill and compaction of the utility trenches. • During fine or precise grading involving the placement of any fills underlying driveways, sidewalks, walkways, or other miscellaneous concrete flatwork to verify proper placement, mixing and compaction of fills. • When any unusual conditions are encountered during construction. a)iii. Less than Significant: Given the conclusions of the applicable Geotechnical Reports along with the project's required compliance with the California Building Code, the project would not result in significant impacts related to liquefaction or other seismic -related ground failure as further described in the following bullets: Site I - Magic Mountain Pazkwav — According to the Geotechnical Report for the proposed facility (at page 5): "According to the California Geological Survey Seismic Hazard Zone Map for the Newhall Quadrangle (1998) the site is located on a terrace outside the boundaries of the liquefaction hazard zone. Based on the location of the site outside of a mapped liquefaction zone and the type and in-situ density of the alluvium beneath the site, the potential for liquefaction is considered unlikely." In addition, the site is not located within a dam inundation area, the potential for seismically induced landsliding at the site is nil, and the potential for lurching at the site is considered low. Site 2 - Remsen Street —According to the Geotechnical Report for the proposed facility (at page 5): "According to the California Geological Survey Seismic Hazard Zone Map for the Oat Mountain Quadrangle (1998) the site is located on a terrace outside the boundaries of the liquefaction hazard zone. Based on the location of the site outside of a mapped liquefaction zone and the shallow depth to bedrock, the potential for liquefaction is considered unlikely." In addition, the site is not located within a dam inundation area, the potential for seismically induced landsliding at the site is nil, and the potential for lurching at the site is considered low." Site 3 - Norland Road —According to the Geotechnical Report for the proposed facility (at page 4-5): "According to the California Geological Survey Seismic Hazard Zone Map for the Mint Canyon Quadrangle (1999) the site is located outside the boundaries of the liquefaction hazard zone. Based on the location of the site outside of a mapped liquefaction zone, depth to groundwater in excess of 50 feet and the type and in-situ density of the alluvium beneath the site, the potential for liquefaction is considered unlikely." In addition, the site Initial Study Page 63 of 98 is not located within a dam inundation area, the potential for seismically induced landsliding at the site is nil, and the potential for lurching at the site is considered low. a)iv. No Impact: None of the three leasehold sites are within a landslide hazard zone identified on City or State mapping, as detailed in the Geotechnical Reports for the sites (see Vla)hi above). The Geotechnical Reports for all three sites conclude that the potential for seismically induced landsliding at the sites is nil. Furthermore, there are no unstable slopes on the billboard sites. Therefore, the proposed project would not expose people or structures to potential adverse effects from landslides and would have no associated impacts. b) Less than Significant Impact: During construction of the proposed project, the soils on-site may become exposed, and thus subject to erosion. However, the project is required to comply with existing regulations that reduce erosion potential. The proposed project is required to comply with SCAQMD Rule 403, which would reduce the potential for wind erosion, as detailed in Section M. Similarly, water erosion during construction would be substantially reduced by complying with the National Pollutant Discharge Elimination System (NPDES) requirements. As further detailed in Section VIII of this report, NPDES requires the construction of the project to incorporate Best Management Practices (BMPs) to reduce erosion and prevent eroded soils from washing offsite. Thus, the potential to increase erosion during any construction activity would be effectively mitigated through the required compliance with regulatory requirements. Operation of the proposed billboards would not cause wind or water erosion or the loss of topsoil. c) Less than Significant Impact: The electronic billboard leasehold sites are not susceptible to landslide, subsidence, or collapse. See section VI.a)iii for a discussion of potential liquefaction and other soil stability hazards, which were concluded to be less than significant for the project. No potential for project -related landslide, subsidence, or soils collapse was identified in the Geotechnical Reports for any of the three sites. Therefore, the proposed project would not result in significant impacts related to unstable geologic units or soils. d) Less Than Significant With Mitigation: The Geotechnical Reports for the leasehold sites do not identify the presence of expansive soils. However, the Geotechnical Reports do indicate that on-site soils will not be suitable for use as pipe bedding for buried utilities as further detailed in the following bullets. Site 1 - Magic Mountain Pazkwav — According to the Geotechnical Report for the proposed facility (at page 2): The site is underlain by alluvium. "Me alluvium was found to consists of dense to very dense sand and silty sands extending to the depths explored. Below 22.5 feet the alluvium has gravel and rock fragments present." According to the Geotechnical Report for the proposed facility (at page 6): "The on-site soils will not be suitable for use as pipe bedding for buried utilities." Site 2 - Remsen Street — According to the Geotechnical Report for the proposed facility (at page 2): The site is underlain by alluvium and Pico formation sedimentary bedrock. "The alluvium was found to consist of loose to medium dense silty sands and sands with fine gravel, extending to depths of 5 feet. Underlying the alluvium, the bedrock was characterized as coarse grained sandstone with gravel and cobbles, and medium to massive bedding." According to the Geotechnical Report for the proposed facility (at page 6): "The on-site soils will not be suitable for use as Dive bedding for buried 2v Initial Study Page 64 of 98 utilities." Site 3 - Norland Road - According to the Geotechnical Report for the proposed facility (at page 2): The site is underlain by alluvium. "The alluvium was found to consist of dense sand and silty sands extending to depths of 7.5 feet. The harder layer of dense sand with rock fragments and gravel was encountered between 10 and 20 feet. Below 20 feet to the depths explored, the alluvium consists of mostly very dense sands with gravel and rock fragments." According to the Geotechnical Report for the proposed facility (at page 6): "The on-site soils will not be suitable for use as pipe bedding for buried utilities." Mitigation Measure GEO-4: All pipes shall be installed in accordance with the recommendations of the applicable Geotechnical Report: they shall bedded in a sand, gravel or crushed aggregate imported material complying with the requirements of the Standard Specifications for Public Works Construction Section 306-1.2.1. Crushed rock products that do not contain appreciable fines shall not be utilized as pipe bedding and/or backfill. Bedding materials shall be densified to at least 90% relative compaction (ASTM D1557) by mechanical methods. The geotechnical consultant shall review and approve proposed bedding materials prior to use. e) No Impact: The project involves the removal of existing static billboards and construction of three electronic billboards. The project does not include the use of any septic tanks or alternative wastewater disposal systems. Therefore, soil suitability for septic tanks or alternative wastewater disposal systems is not applicable in this case, and the proposed project would have no associated impacts. f) Less Than Significant Impact: The leasehold sites are generally flat and the only proposed site modification involve the drilling of the hole for placement of the support column for each billboard and minor utility trenching. The proposed project would not result in noticeable changes in topography or ground surface relief features. g) Less Than Significant Impact: The project does not involve more than 10,000 cubic yards of earthwork. Billboard construction is estimated to involve less than 100 cubic yards of earthwork for the three billboards, plus limited additional excavation for utility installation, well under the 10,000 cubic yard threshold. h) Less Than Significant: See discussion under VIa)iii. Relevant information is summarized in the following bullets: Site 1 - Magic Mountain Parkway — The Magic Mountain Parkway billboard site is located at the top of a bluff above the Santa Clara River. The drilling for the billboard column would occur well away from the top of the slope as shown on the plans included in Attachment B. Therefore, the proposed project would not cause any significant impacts from development or grading slopes greater than 10% natural grade. Site 2 - Remsen Street — The Remsen Drive billboard site is largely flat. There are no natural slopes greater than 10 percent natural grade existing within the leasehold area as shown in the project plans included in Attachment B. Therefore, the proposed project would not cause any impacts from development or grading slopes greater than 10% natural grade. -:10",4- Initial Study Page 65 of 98 • Site 3 - Norland Road - The Norland Road billboard site is located on elevated terrain above the Santa Clara River. The drilling for the billboard column would occur well away from the top of the slope as shown on the plans included in Attachment B. Therefore, the proposed project would not cause any significant impacts from development or grading slopes greater than 10% natural grade. i) Less Than Significant Impact: See discussion under Vla)iii and VIh). As discussed, the topography of the portions of the leasehold sites where the billboards would be constructed are generally flat. The sites do not contain any ridgelines or other regionally notable topographic features that would be impacted by the construction or operation of the electronic billboards. Therefore, the proposed project would not result in the destruction, covering, or modification of any unique geologic or physical feature, and the project would have no related impact. EMISSIONS because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as "global warming." These greenhouse gases contribute to an increase in the temperature of the earth's atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation. The principal greenhouse gases (GHGs) include carbon dioxide (CO2), methane, and nitrous oxide. Collectively GHGs are measured as carbon dioxide equivalent (CO2e). Fossil fuel consumption in the transportation sector (on -road motor vehicles, off- highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions. California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. GHG statues and executive orders (EO) include Assembly Bill (AB) 32, Senate Bill (SB) 1368, Executive Order (EO) S-03-05, EO 5-20-06 and EO 5-01-07. AB 32, the California Global Warning Solutions Act of 2006, is one of the most significant pieces of environmental legislation that California has adopted. Most notably AB 32 mandates California's GHG emissions be reduced to 1990 levels by 2020. The SCAQMD has published a "Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Threshold". This document establishes a five -tiered process for evaluating the GHG impacts of a project. Tier I involves determining if the project qualifies for a CEQA exemption. If the project is not exempt, Tier 2 involves determining whether the project is consistent with an adopted GHG reduction plan that might be part of a local general plan. On August 28, 2012 the City of Santa Clarita adopted the City of Santa Clarita Climate Action Plan via Resolution 12-60.5 According to the City's Climate Action Plan (CAP, at page 53): defines a local threshold of significance for GHG 5 City of Santa Clarita Climate Action Plan, Master Case 12-052. Prepared for the City of Santa Clarita by ENVIRON International Corporation. 2 ©3 Initial Study Page 66 of 98 emissions for project level submittals that trigger review by the California Environmental Quality Act. Because goals, objectives and policies approved under the General Plan are forecast to meet the GHG emission reduction targets mandated by AB 32, development projects that are able to demonstrate consistency with the General Plan and zoning ordinance will by association demonstrate consistency with the CAP. Projects requiring a zone change/General Plan amendment will be required to demonstrate consistency with the CAP. Some large scale development projects that generate a significant number of vehicle miles travelled and/or are heavy industrial uses may also be required to demonstrate consistency with the CAP. Compliance can be demonstrated by performing a quantitative analysis using approved modeling techniques indicating the proposed zone change/General Plan amendment or large scale development project can reduce its associated GHG emissions by 12% below the business -as -usual scenario. This reduction is consistent with the overall reduction expected in the CAP, not counting the three statewide measures (RPS, LCFS and Pavley I) which are not affected by local development. Greenhouse gas reduction measures for zone change/General Plan amendments and large scale development projects should be consistent with those measures outlined in the CAP. Such projects that cannot reduce the associated GHG emissions by 12% below the business -as -usual scenario should be considered to have a significant and unavoidable impact and require a Statement of Overriding Consideration as part of any project approval. As specified in the CAP, development projects that are able to demonstrate consistency with the General Plan and zoning ordinance will by association demonstrate consistency with the CAP. The proposed project is arguably not the type of development project subject to CAP requirements, since it does not include any type of residential, commercial or industrial development but rather addresses an overall reduction in illuminated signage. However, a Tier 2 analysis has been conducted. The project includes: (1) City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; (2) phased removal of approximately 62 existing static billboards city-wide within the Metro right-of- way; and, (3) construction of three electronic billboards on three City -owned sites. The first two components of the project do not require a zone change/General Plan amendment. There are no aspects of the Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards that requires quantitative analysis of GHG. Additionally, removal of the existing static billboards is an action that is allowable under the existing zoning and which is consistent with the General Plan. GHG quantitative analysis of this aspect of the proposed project is not required. The zoning and General Plan designations for leasehold Site 1 — Magic Mountain and Site 2 — Remsen Street are currently Business Park, and no zone change or General Plan Amendment is required for installation of the electronic billboards at these locations. _ A GHG quantitative analysis of this aspect of the proposed project Z �y Initial Study Page 67 of 98 is not required. Site 3 — Norland Drive - The project includes a Zone Change/General Plan Amendment for Site 3 — the Norland Drive leasehold to change the allowable land use from Open Space to Business Park. As specified in the City's CAP, projects requiring a zone change/General Plan amendment are required to demonstrate consistency with the CAP. Compliance can be demonstrated by performing a quantitative analysis using approved modeling techniques indicating the proposed zone change/General Plan amendment or large-scale development project can reduce its associated GHG emissions by 12% below the business -as -usual scenario. The only GHG effects of the General Plan and Zone Change for Site 3 would be the GHG emissions associated with construction and operation of an electronic billboard at this site. Construction Emissions: Construction activities would generate short-term emissions of CO2, CH4, and N2O from the use heavy-duty equipment and on -road vehicles (e.g., construction workers and haul trucks). Emissions from this type of electronic billboard construction activity has been calculated using CaIEEMod software version CaIEEMod.201 1. 1. 1. Based on the model runs it was estimated that project construction would generate a total of 4.9 metric tons of CO2e 6 Operational Emissions: Estimates of operational emissions from this type of electronic billboard range from about 24.8 to 33.5 metric tons of CO2e per year, depending on the electrical consumption assumptions use. According to information on digital sign electrical consumption from an existing digital billboard on the California State University Sacramento campus on U.S. Highway 50, a two- sided digital billboard was estimated to use approximately 120,000 kilowatt hours per year, which would result in 33.53 metric tons of CO2 emissions.? According to a 2010 study, "Digital Signage: Technological Advancements Driving Reductions in Energy Consumption," (The Louis Berger Group, 2010), average energy usage for digital billboards similar to the one proposed for this project was under 4,000 kilowatt (kW) hours of electricity per month for a 14' x 48' digital face. Therefore, a billboard similar to the ones proposed with two 14' x 48' digital faces would be expected to use a total of 96,000 kW hours per year of electricity (based upon a monthly average of 8,000 kW hours). If an electronic billboard uses 96,000 kW hours rer year, the emissions generated would be approximately 24.8 metric tons CO2e. Electricity usage in digital billboards is used primarily to power the light emitting diodes (LEDs) that result in the images on the billboards. LEDs may be operated at differing intensity levels. Due to the nature of the technology and ZOA requirements that mandate that that the digital billboards reduce light intensity in response to ambient conditions, the LEDs in a digital billboard would likely never operate at full intensity and would instead continually adjust the brightness throughout a 24-hour period, as ambient lighting conditions changed. Thus the CO2e estimates for billboard operations provided above are likely to be conservative. Project impacts for a project requiring a zone change/General Plan amendment or large-scale development project are considered less than significant by the City 6 Per the City of Roseville's Negative Declaration for a Proposed Digital Billboard, April 4, 2013. 7 Per the Revised Initial Study for the Digital Billboards project, City of Sacramento, March 2010. sPer the City of Roseville's Negative Declaration for a Proposed Digital Billboard, April 4, 2013. 205 Initial Study Page 68 of 98 under the CAP if the project can reduce its associated GHG emissions by 12% below the business -as -usual scenario. Construction of an electronic billboard at the Norland Drive site cannot occur under the proposed Development Agreement unless it is accompanied by the removal of existing static billboards. Under the proposed project at least one-third of the 62 existing static billboards listed in Attachment A would be required to be removed prior to construction of each of the three proposed electronic billboards, including the Norland Drive billboard. As shown in Attachment A, 26 of the 62 static billboard that would be removed under the proposed project are illuminated. Removal of illuminated static billboards would offset the CO2e emissions associated with the electronic billboard at Norland Drive and will achieve the 12% reduction required for the zone change/General Plan Amendment at this location. The following mitigation measure is included to ensure the required offset. Mitigation Measure GHG-1: Prior to the operation of the electronic billboard on the Norland Drive leasehold, the applicant shall demonstrate to the satisfaction of the Community Development Director that illuminated static billboards with a combined power usage of at least 107,520 kW hours have been permanently removed. Based on a Tier 2 analysis, the project's GHG impacts would be less than significant with mitigation. Under the SCAQMD's "Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Tbreshold" if a City has not adopted a Climate Action Plan a Tier 3 GHG analysis is conducted. Based on a Tier 3 analysis, the project's GHG impacts would be less than significant. The SCAQMD's "Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Tbreshold" establishes a draft GHG Significance Threshold for projects where the SCAQMD is the lead agency. Although the SCAQMD is not the lead agency for the proposed project, the SCAQMD's threshold is typically utilized in CEQA documents within the SCAQMD as a reference for comparative purposes. Tier 3 uses a screening threshold of 10,000 metric tons per year (MT/yr) Of CO2e for stationary source industrial projects and 3,000 MT/yr of CO2e for commercial and residential projects. The SCAQMD Board has adopted the 10,000 MT/yr screening threshold for industrial projects, but to date has not adopted the recommended screening threshold of 3,000 MT/yr for commercial and residential projects. The proposed project includes the construction and operation of three electronic billboard. Construction CO2e emissions have been estimated at approximately 4.9 metric tons of CO2e per billboard, or a total of approximately 15 metric tons of CO2. Operation of each of the electronic billboards has been estimated to result in between 24.8 to 33.5 metric tons of CO2e per year per billboard, or between 75 and 102 metric tons per year of CO2e for the three billboard, well below the SCAQMD threshold. VIII. HAZARDS AND a) Less Than Significant With Mitigation: The project includes City adoption HAZARDOUS of a Zone Amendment to provide for Induction and relocation of billboards; phased MATERIALS removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites (leasehold sites). Initial Study Page 69 of 98 The phased removal of the existing 62 static billboards is not anticipated to result in the generation of hazardous waste, as these billboards are constructed of materials generally considered not hazardous. In addition, billboard removal will be conducted in a manner that complies with all existing regulatory requirements, including California's Hazardous Waste Control Act. However, the following mitigation measure is included to ensure proper handling in the unlikely event that existing billboards include lead-based paint or asbestos -constraining material. Mitigation Measure HAZ-1: The applicant will work with the owners/operators of the static billboards to be removed to identify billboards constructed prior to 1981 and to determine if lead-based paint and/or asbestos -containing materials were used or included on the billboards. Any billboards to be removed which are identified as potentially containing asbestos -containing materials (ACM) or lead- based paint (LBP) shall be handled and disposed of in accordance with applicable OSHA programs and regulatory requirements. Impacts associated with billboard removal are therefore anticipated to result in less than significant hazardous materials impacts. As proposed, the design of the three electronic billboards does not involve the use or transport of hazardous materials. Furthermore, operation of the three billboards will not require the use or storage of hazardous materials. Hazardous materials impacts associated with the three electronic billboards are therefore anticipated to be less than significant. b) Less Than Significant With Mitigation: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city- wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project does not propose any industrial uses, waste treatment/storage facilities, power plants, or other land uses that are typically associated with hazardous material accidents. There are existing utilities in the vicinity of the three leasehold sites. As shown on the project plans contained in Attachment B, the following utility easements are recorded on the larger parcels containing the leaseholds: Site 1) Magic Mountain Parkway — easements for gas pipe lines and incidental purposes; easements for electric line and incidental purposes; an easement for pipe lines, water wells, pumping stations, reservoirs, blending plants and conduits and cables for power transmission and communication purposes and incidental purposes; an easement for cable television services and incidental purposes; and an easement for water pipe line purposes in favor of the Valencia Water Company. Site 2) Remsen Street — an easement for pipe lines in favor of Newhall Refining Co. In addition, the Second Los Angeles Aqueduct (SLAA) runs under Remsen Street in the vicinity of the proposed project. During project construction, a single layer of steel plating (6'xl2'xl/2') will be placed on top of Remsen Street to ensure that the street and SLAA are protected and the weight of trucks and equipment does not cause damage. In addition, a double layer of steel plating will be cross -stack at the project site for all drilling, construction and assembly. AD work in the vicinity of the SLAA must be approved in advance by the Los Angeles Department of Water and Power. Mitigation Measure HAZ-2 will ensure that all activities are conducted in 0201 Initial Study Page 70 of 98 Power (LADWP). Mitigation Measure HA2: Prior to any geotechnical testing work or construction at the Remsen Street site, the project applicant shall obtain a Letter of Permission from the LADWP. A copy of the Letter of Permission and all correspondence related to the Letter of Permission shall be provided to the City of Santa Clarita's Director of Public Work and Planning Division prior to starting any work or testing in the project vicinity. All work shall conform to the method and schedule submitted and approved by LADWP. The project applicant shall comply with all conditions and restrictions required as part of the Letter of Permission or otherwise by the LADWP, including but not limited to any requirements for an LADWP inspector to be present during work operations, fees, insurance, and restrictions on the location of or placement of materials and equipment. Site 3) Norland Road — an easement for sanitary sewer and ingress and egress purposes and appurtenant structures; an easement for private and future street; an easement to construct, install and maintain a road and two levees. Although standard construction and permitting processes should adequately protect against explosion or the release of hazardous materials associated with construction in the vicinity of existing pipe lines, the following mitigation measure is included to ensure that the proposed project will not impact the gas pipeline in the vicinity of Site 1 — Magic Mountain Parkway or the oil pipe line and water pipeline in the vicinity of Site 2 - Remsen Street: Mitigation Measure HAZ3: Prior to ground disturbance on the leasehold sites, the project applicant shall coordinate with applicable utility providers and easement holders to identify the location of utilities and pipe lines on the leasehold sites and obtain any required construction -related permits from the applicable utility providers. Construction activities shall be conducted in a manner that will not significantly impact utility service delivery off-site, or result in accident conditions involving explosion or the release of hazardous materials into the environment (including but not limited to oil). With implementation of the mitigation measure the proposed project would not create a hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and the project would have no related impacts. c) Less Than Significant Impact: Leasehold sites are not located within one- quarter mile of an existing or proposed school. Furthermore, as discussed in Section V11a of this report, the proposed uses are not anticipated to store, use, or generate substantial amounts of hazardous materials, and are not anticipated to utilize any acutely hazardous materials. Removal of the existing static billboards similarly will not result in impacts (see VIII.a). Therefore, the project would have M Initial Study Page 71 of 98 d) No Impact: None of the three leaseholds sites area located on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 .9 The nearest sites containing hazardous materials are: • Site 1 - Magic Mountain Parkway — a completed cleanup program (RB Case # 0969) at ADI Facility Inc., 25540 Rye Canyon Road, Valencia, CA. Site 2 - Remsen Street — a cleanup program site (RB Case #0245) at Hondo Oil and Gas, 22674 Clampitt Rd, Newhall, CA. Leaking Underground Fuel Tank (LUFT) Cleanups at: Exxon #7 (RB Case # I-00028), 20500 San Fernando Road, Newhall, CA 91321 (completed); Ricardo's Auto Upholstery (RB Case # R-14736), 24347 San Fernando Road, Newhall, CA 91321 (completed); and Caltrans Maintenance Sto (RB Case # I-08389), 23922 San Fernando Road, Newhall, CA 91321 (completed). Site 3 - Norland Road — There are several LUFT sites along Sand Canyon Road in the vicinity of the Norland Drive leasehold: Shell Service Station (RB Case # R-26368, Loc Case # 012569-026363), 28401 N. Sand Canyon, Canyon Country, CA 91351 (completed); ARCO #6006 (RB Case # R-00629), 28406 N. Sand Canyon, Canyon Country, CA 91351 (completed); Mobil #18- LMQ (RB Case # R-91350042), 16411 De Lone St., Santa Clarita, CA 91351 (Open - Remediation). There are no Federal Superfund, State Response, Voluntary Cleanup, School Cleanup, Evaluation, School Investigation, Military Evaluation, Tiered Permit, Corrective Action, or Monitoring Well sites in the vicinity of the leasehold sites according to the Environstor database maintained by State of California's Department of Toxic Substances Control. Since the leasehold sites are not identified on a list of hazardous materials site complied pursuant to Government Code Section 65962.5, no impacts are anticipated. e) No Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The proposed project does not contain any uses which involve human habitation or any features that would interfere with the operation of airport uses. There are no airports located within two miles of the leasehold sites; and the leasehold sites are not within an airport land use plan. Therefore, the project would not result in a safety hazard for people residing or working in proximity to an airport, and the proposed project would have no associated impacts. f) No Impact: See VIII g). The leasehold sites are not within the vicinity of a private airstrip. There are no airplane transportation facilities, public or private, within two miles of the leasehold sites. Therefore, the project would not result in a safety hazard for people residing or working in proximity to a private airstrip, and the proposed project would have no associated impacts. 9 See: hM://www.envirostor.dtsc.ca.eov/public/mgpfull.asi)?global id=&x=- 119&v-37&z1=18&ms=640,480&mt=m&findaddress=True&city=City%20of%20Santa%20Clarita&zip=&county e=true&non operating=true lJ� Initial Study Page 72 of 98 g) Less Than Significant Impact: The operation of the proposed electronic billboards would not place any permanent or temporary physical barriers within travel lanes on any existing public streets. Construction of Site 1 — Magic Mountain Parkway would not result in any construction vehicles or activities within the public right of way. Neither Remsen Street nor Norland Road are important thoroughfares for emergency response vehicles. Furthermore, the leasehold sites are not utilized by any emergency response agencies, and no emergency response facilities exist on the leasehold parcels. It is not anticipated that removal of the existing static billboards would result in any significant disruption to roadway traffic and any minor disruption would be short-term in nature. Therefore, the proposed project would have an insignificant effect on emergency response planning. Since the digital billboards would be located along freeways within the City of Santa Clarita and can be used for emergency messaging, the electronic billboards may contribute to emergency preparedness. h) Less than Significant Impact: As identified on the City's Potential Wildland Fire Hazards Areas map (Exhibit S-5 of the City's General Plan), the three leasehold sites for the electronic billboards are within a fire hazard area. The electronic billboards will be required to conform to any conditions of approval imposed by the Fire Department upon their review of the project. Because the project will be required to comply with any and all conditions imposed by the Fire Department, and since no habitable structures are proposed, the proposed project's wildfire -related impacts are considered less than significant. I) Less Than Significant Impact: Electronic billboards are generally not considered a significant source of potential health hazards. There are no residences or businesses in close proximity to the three leasehold sites. The proposed project does not include any components involving human habitation. All construction will be conducted in a manner consistent with OSHA requirements designed for worker safety. Therefore, the proposed project would not expose people to existing sources of potential health hazards, and the project would have less than significant DL HYDROLOGY AND a) Less than Significant Impact: The project includes City adoption of a Zone WATER QUALITY Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. Section 303 of the federal Clean Water Act requires states to develop water quality standards to protect the beneficial uses of receiving waters. In accordance with California's Porter/Cologne Act, the Regional Water Quality Control Boards (RWQCBs) of the State Water Resources Control Board (SWRCB) are required to develop water quality objectives that ensure their region meets the requirements of Section 303 of the Clean Water Act. Santa Clarita is within the jurisdiction of the Los Angeles RWQCB. The Los Angeles RWQCB adopted water quality objectives in its Stormwater Quality Management Plan (SQMP). This SQMP is designed to ensure stormwater achieves compliance with receiving water limitations. Thus, stormwater generated by a development that complies with the SQMP does not exceed the limitations of receiving waters, and thus does not exceed water quality standards. Compliance with the SQMP is ensured by Section 402 of the Clean Water Act, which is known as the National Pollutant Discharge Elimination System (NPDES). Initial Study Page 73 of 98 Under this section, municipalities are required to obtain permits for the water pollution generated by stormwater in their jurisdiction. These permits are known as Municipal Separate Storm Sewer Systems (MS4) permits. Los Angeles County and 84 incorporated Cities therein, including the City of Santa Clarita, obtained an updated MS4 (Order No. RS -2012-0175 and NPDES Permit No. CAS004001) from the Los Angeles RWQCB, at the end of 2012. Under this MS4, each permitted municipality is required to implement the SQMP. Chapter 10.04 of the City's Municipal Code addresses Stormwater and Urban Runoff Pollution Control. Since construction of the three electronic signs would disturb well under one acre, a Storm Water Pollution Prevention Plan (SWPPP) would not be required for construction of the electronic billboards. Construction of the electronic billboards would instead be required to comply with Municipal Code Section 10.04.070(C) that specifies construction activity stormwater measures for projects not subject to a SWPPP. Under this Municipal Code Section: Each person applying for a grading or building permit for any project for which compliance with regulations governing State Construction Activity Stormwater Permits is not required shall submit to the City for information, and shall implement a grading and construction activity runoff control program adequate to accomplish all of the following: 1. Retain on site the sediments generated on or brought to the project site, using treatment control or structural BMPs; 2. Retain construction -related materials and wastes, spills and residues at the project site and prevent discharges to streets, drainage facilities, the MS4, receiving waters or adjacent properties; 3. Contain non-stormwater runoff from equipment and vehicle washing at the project site; and 4. Control erosion from slopes and channels through use of effective BMPs, such as limitation of grading during the wet season, inspection of graded areas during rain events; planting and maintenance of vegetation on slopes, if any, and covering any slopes susceptible to erosion. Compliance with these regulatory requirements, which have become a part of standard construction practice, will ensure that construction of the electronic billboards will not violate any water quality standards or waste discharge requirements. In addition, as required by the MS4 permit, the City of Santa Clarita has adopted a Standard Urban Stormwater Mitigation Plan (SUSMP) ordinance to ensure new developments comply with SQMP. SUSMP requirements apply to specific types of projects, including industrial/commercial developments that disturb one acre or more of surface area. The area to be disturbed at each of the three leasehold sites is substantially less than one acre. SUSMP requirements therefore do not apply. However, SUSMP requirements do apply for projects adjacent to an environmentally sensitive area (i.e. the river)."° Both Site 1 — Magic Mountain Parkway and Site 3- Norland Road are located on parcels adjacent to the Santa Clara River and would be subject to SUSMP requirements. ensure that 'a See: httn://user.govoutreach.com/santaclaiita/faa.phy?cid=5727 Initial Study Page 74 of 98 runoff would not cause an exceedance any receiving water limitations. Impacts would therefore be less than significant. b) Less than Significant With Mitigation: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city- wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. Adoption of the Zone Amendment and removal of existing static billboards are not activities that would interfere with groundwater recharge or aquifer volume. The project would not install any groundwater wells, and would not otherwise directly withdraw any groundwater. The Santa Chita River and its tributaries are the primary groundwater recharge areas for the Santa Clarita Valley (City of Santa Clarita General Plan, 1991). Construction of the three electronic billboards would result in a minor alteration of the drainage of the Leasehold sites by adding impermeable surfaces in the form of the support column for each billboard, however the majority ofeach leasehold site will remain permeable. Therefore, the proposed project would not substantially interfere with groundwater recharge, and the project would have less than significant groundwater recharge impacts. Two of the leasehold sites, Magic Mountain Parkway and Norland Road, are located in close proximity to the Santa Clara River. However, the drilling of the support column for the electronic billboards at these locations is not anticipated to intercept groundwater or interfere with an active well, as further detailed in the following bullets: Site 1 - Magic Mountain Parkway — According to the Geotechnical Report for this Leasehold site (at page 3) "groundwater was not encountered during subsurface explorations, which extended to a maximum depth of 31 feet and regional groundwater mapping and well levels indicate that the groundwater levels are about 35 feet." As shown on the project plans for this site contained in Attachment B, the foundation depth at this site is 25 feet six inches, which is above the anticipated water level. The Geotechnical Report indicates that groundwater would not be expected during construction, but recommends that the Geotechnical Engineer be notified if groundwater is encountered during construction. The Geotechnical Report also indicates that there are five inactive wells within approximately 1,000 feet of the Leasehold site. Site 2 - Remsen Street — According to the Geotechnical Report for this Leasehold site (at page 3) groundwater was not encountered during subsurface explorations, which extended to a maximum depth of 12.5 feet. The historic deepest measure of groundwater was 117.50 feet below existing ground level and the shallowest measurement is 71 feet below existing ground level. As shown on the project plans for this site contained in Attachment B, the foundation depth at this site is 28 feet, which is above the anticipated water level. There is an inactive well approximately 850 feet southwest of the proposed site, which has been inactive since 1989. • Site 3 - Norland Road — According to the Geotechnical Report for this Leasehold site (at page 3) groundwater was not encountered during subsurface explorations, which extended to a maximum depth of 31 feet. As shown on the project plans for this site contained in Attachment B, the Initial Study Page 75 of 98 foundation depth at this site is 28 feet, which is above the anticipated water level. The Geotechnical Report also indicates that there is an active well within approximately 100 feet west of the project site (well 719D). The following mitigation measures will ensure that construction of the electronic billboards will not physically interfere with any groundwater supplies or active wells: Mitigation Measure HYDRO -1: If groundwater is encountered during construction the Geotechnical Engineer for the project and the City's Director of Public Works shall be notified and subsurface drilling and construction shall not proceed until it is demonstrated to the satisfaction of the Director of Public Works that ground water quality will not be significantly impacted by project construction. Mitigation Measure HYDRO -2: Prior to issuance of the construction permit for the Norland Drive site, the applicant shall consult with the operator of any active wells within 1,000 feet of the Leasehold Site to ensure that construction activities will not impact well operations or well maintenance. Construction shall not go forward until it is demonstrated to the satisfaction of the Director of Public Works that construction will not significantly impact well operations or water quality. c) Less than Significant Impact: Development projects that increase the volume or velocity of surface water can result in an increase in erosion and siltation. Increased surface water volume and velocity causes an increase in siltation and sedimentation by increasing both soil/water interaction time and the sediment load potential of water. The three leasehold sites do not include any discernible drainage courses. Although both the Magic Mountain Parkway and Norland Road sites are located in proximity to the Santa Clarita River, the electronic billboards at these two sites would be located on elevated terrain above the river and would not alter the river's course. The proposed project does not include the channelization of any drainage courses and would not focus surface water flows onto areas of exposed soil. As discussed above in Section VIII.a, project construction is also required to include Best Management Practices (BMPs) to reduce erosion and siltation to the maximum extent practicable. Therefore, with the application of standard engineering practices, and applicable regulatory requirements, the project would not result in substantial erosion or siltation on- or off-site, and the project would have less than significant erosion and siltation -related impacts. d) Less than Significant Impact: As discussed in section VIII.c of this report, the proposed project would not significantly impact existing drainage, substantially increase stormwater flows, or alter the course of a stream or river. Therefore, the project would not result in flooding on- or off-site, and the project would have less than significant impacts. e) Less than Significant Impact: See responses to VIILa-d. The project will not significantly alter runoff from the leasehold sites. Therefore, the proposed project would not affect the capacity of the stormwater drainage system and would not create any source of polluted runoff. 213 Initial Study Page 76 of 98 f) Less than Significant Impact: The proposed project would not measurably degrade water quality. The proposed project would not be a point -source generator of water pollutants. As discussed under Section IX.a, above, compliance with applicable City requirements will ensure that the proposed project would not generate stormwater pollutants that would substantially degrade water quality. The project has the potential to generate short-term water pollutants during construction, including sediment, trash, construction materials, and equipment fluids. The Countywide MS4 permit and the City's Municipal Code (see VIII.a) requires construction sites to implement BMPs to reduce the potential for construction -induced water pollutant impacts. These BMPs include methods to prevent contaminated construction site stormwater from entering the drainage system and preventing construction -induced contaminates from entering the drainage system. The MS4 identifies the following minimum requirements for construction sites in Los Angeles County: 1. Sediments generated on the project site shall be retained using adequate Treatment Control or Structural BMPs; 2. Construction -related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff; 3. Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site; and 4. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs (as approved in Regional Board Resolution No. 99-03), such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Complying with both the MS4's construction site requirements and applicable Municipal Code requirements will ensure that future construction activity on the project site would not significantly impact water quality. g) No Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The proposed project does not include any housing. The proposed project would therefore not place future housing in flood hazard areas and would have no related impacts. h) Less Than Significant Impact: According to the project plans included in Attachment B and applicable FEMA flood maps, , each of the leasehold sites are outside of the 100 -year flood hazard area as defined by current FEMA flood maps. i) Less Than Significant Impact: See discussion under IX.h. The proposed project does not include any habitable structures and the leasehold sites are not located in proximity to the failure spillway zone for any levee or dam. The proposed project is therefore not anticipated to pose any risk of injury or death involving flooding, including flooding as a result of the failure of a levee or dam. 02N Initial Study Page 77 of 98 j) No Impact: There are no bodies of water in the vicinity of the project sites that are capable of producing seiche or tsunami. Similarly, the project site is not in an area prone to landslides, soil slips, or slumps (see VI.a). Therefore, the proposed project would have no impact from seiche, tsunami, or mudflow. k) Less than Significant Impact: The project would not noticeably alter the drainage patterns of the electronic billboard leasehold sites. Since only minimal surface -level grading is required for the project, the project does not involve grading or excavation into the groundwater table, and would not place any subterranean structures or foundations that would encroach into a groundwater aquifer (see IX.b). Consequently, groundwater flows would not be affected. Therefore, the proposed project would not result in significant impacts from changes in the rate of flow, currents, or the course and direction of surface water and groundwater. 1) Less Than Significant Impact: The project would not cause any other impacts due to the modification of a wash, channel, creek, or river., The Magic Mountain Parkway and Norland Road leasehold sites are outside the limits of the river banks. The Remsen Street site is not located in the vicinity of any water body. m) Less than Significant Impact: As discussed above in Sections VIII.a, VRI.c, VIII.d, and VM.e of this report, the project is required to comply with the City's SUSMP ordinance, the Countywide MS4 permit, the State' NPDES General Construction Permit, and required to implement a SUSMP compliance plan and SWPPP. Compliance with these requirements of the Clean Water Act and the NPDES will ensure the proposed project would not significantly impact stormwater X. LAND USE AND a) No Impact: The project includes City adoption of a Zone Amendment to the PLANNING text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project does not include any components that would physically divide an existing community. The leasehold sites are small and the electronic billboards are not located in an area that would create barriers or obstruction for pedestrians or vehicles. No adverse impact will result. b) Less Than Significant Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The City of Santa Clarita zoning and General Plan designations for the three leasebold sites are: • Site 1- Magic Mountain Parkwav — General Plan Designation: BP (Business Park). Zoning: BP (Business Park). • Site 2 - Remsen Street — General Plan Designation: BP (Business Park). Zoning: BP (Business Park). • Site 3 - Norland Road — General Plan Designation: OS (Open Space). Zoning: OS (Open Space). The proposed project thus includes uses that are currently allowable at Site 1 — Magic Mountain Parkway and Site 2 — Remsen Street. The project includes a General Plan Amendment and Zone Change for Site 3 — the Norland Road 2,5 Initial Study Page 78 of 98 leasehold area to change the allowable land use from Open Space to Business Park. In order to approve a the proposed Zone Change, General Plan Amendment and Zone Amendment to the text of the UDC, the City Council must find that: "The proposal is consistent with the General Plan, and; that the proposal is allowed within the applicable underlying zone... and complies with all other applicable provision of the (development) code"." Therefore the proposed Zone Change, Zone Amendment and General Plan Amendment to provide for reduction and relocation of billboards and construction of three digital billboards will not be approved if it is found by the City Council to conflict with any aspects of the City's General Plan or Zoning. As detailed in this Initial Study/Mitigated Negative Declaration, with mitigation, the proposed project will not conflict with the objectives of the development code, General Plan, or development policies of the City. The Zone Amendment to the text of the UDC to allow for the removal and relocation of legal nonconforming billboards would improve the aesthetics along key roadways and be consistent with the objectives of the City's development code. With approval of the General Plan Amendment and Zone Change for the Norland leasehold area, the proposed use would be consistent with that allowed under the General Plan and Zoning. For these reasons, land use policy impacts are anticipated to be less than significant. c) Less Than Significant. See discussion under IV.e: g. XI. MINERAL AND a -b) Less than Significant Impact: The project includes City adoption of a Zone ENERGY RESOURCES Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. Adoption of the Zone Amendment would not alter any mineral resource policies included in the City's General Plan or the UDC. Removal of existing static billboards would not affect mineral resources. The project does not include the extraction of any locally or regionally important mineral resources. The leaseholds for the proposed electronic billboards are within areas known to contain mineral resources. Site 1— Magic Mountain Parkway and Site 3 — Norland Road are within the limits of the City's Mineral Resource Zone 2 — Aggregate Resources as identified on Exhibit OS -5 "Mineral Resources" of the City's General Plan. However, given that the electronic billboards will be located on City owned property and the very small footprint of the installed electronic billboards, the proposed project would not result in the loss of available known aggregate resources. Site 2 — The Remsen Street site is located in the general vicinity of several abandoned oil wells as identified on Exhibit OS -5 "Mineral Resources" of the City's General Plan. Per the California Department of Mines and Geology (CDGM), Division of Oil, Gas, and Geothermal Resources' (DOGGR's) Online Mapping System (bW://maps.conservation.ca.pov/doms/doms-ann.html, no oil wells exist on the Remsen leasehold site (active or abandoned) as shown in Figure 20. Given the lack of oil wells onsite, and the remaining availability of access to the Newhall Oil Field from other parcels in the area, the proposed project would not result in the loss of availability of known oil resources. The project would have a less than significant impact on regional and locally important mineral resources. "Santa Clarita Municipal Code Section 17.28.120 Zone Changes and Amendments, Part G. Findings and Section 17.26.110 General Plan Amendments, Part F. Findings. 2-040 Initial Study Page 79 of 98 c) Less than Significant Impact: The project would utilize building materials and human resources for construction of the project. Many of the resources utilized for construction are nonrenewable, including manpower, sand, gravel, earth, iron, steel, and hardscape materials. Other construction resources, such as lumber, are slowly renewable. In addition, the project would commit energy as a result of the construction, operation, and maintenance of the proposed electronic billboards. Much of the energy that will be utilized on-site will be generated through combustion of fossil fuels, which are nonrenewable resources. Market -rate conditions encourage the efficient use of materials and manpower during construction. Similarly, the energy resources that would be utilized by the proposed electronic billboard development would be supplied by the regional utility purveyors, which participate in various conservation programs. Furthermore, there are no unique conditions that would require excessive use of nonrenewable resources on-site, and the project is expected to utilize energy resources in the same manner as typical modern development. Therefore, the proposed project would not use nonrenewable resources in a wasteful and inefficient manner, and the project would have less than significant impacts. FIGURE 20 — GENERAL LOCATION OF ABANDON OIL WELLS IN VICINITY OF SITE 2 — REMSEN DRIVE DOMS Web Map vw�'. 9 j,�`.nybf. Fji a.emvp It;iRot Fl9e� v Ifn: N.N$%�Mbq .lil.5PS3Y s mauF 5w Source: California Department of Mines and Geology (CDGM), Division of Oil, Gas, and Geothermal Resources (DOCGR's) Online Mapping System s 1z htti):Hmaps.conservation.ca.gov/doms/doms-apQhtml X17 Initial Study Page 80 of 98 X[L NOISE a) Less than Significant: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. Each of the three leasehold sites is located adjacent to a freeway on vacant land that is not in close proximity to residences or commercial uses on parcels that are or will be zoned Business Park. The proposed project will result in the short-term generation of noise during the demolition of the existing static billboards along the Metro corridor and the construction of the electronic billboards on the three leasehold sites. Construction activities for the electronic billboards would involve drilling a hole for the foundation, hauling dirt from the site and construction materials to the site, pouring the concrete foundation, and activities associated with the assembly and construction of the sign. Both the demolition activities associated with the phased removal of the static billboards and the construction of the electronic billboards would occur during daylight hours, and drilling and construction for the electronic billboards using large equipment is expected to take no more than one day per site. Section 11.44.080 of the City's Municipal Code governs construction noise and provides: 11.44.080 Special Noise Sources—Construction and Building. No person shall engage in any construction work which requires a building permit from the City on sites within three hundred (300) feet of a residentially zoned property except between the hours of seven a.m. to seven p.m., Monday through Friday, and eight a.m. to six p.m. on Saturday. Further, no work shall be performed on the following public holidays: New Year's Day, Independence Day, Thanksgiving, Christmas, Memorial Day and Labor Day. Emergency work as defined in SectionI.44.020(D) is permitted at all times. The Department of Community Development may issue a permit for work to be done "after hours"; provided, that containment of construction noises is provided. (Ord. 89-29, 1/23/90; Ord. 93-4, 3/9/93; Ord 00-3, 2/8/00; Ord. 05-1 § 2, 1/25/05; Ord. 06-7 § 1, 10/10/06) This section of the municipal code is designed to ensure that construction and demolition -related noise does not impose an impact on nearby uses. Removal of the existing static billboards will be phased and will involve demolition of the existing signs and pickup of waste material. Compliance with Section 11.44.080 of the City's Municipal Code will ensure that noise associated with demolition and removal of the existing static billboards is less than significant. Construction of each of the electronic billboards is anticipated to take approximately five days, would be conducted in accordance with Section 11.44.080 of the City's Municipal Code, and would occur on leasehold sites which are not located in close proximity to residential uses, and which are located in proximity to existing freeways. Noise impacts associated with construction of the electronic billboard signs are therefore anticipated to be less than significant. Removal of the existing static billboards will be phased and will result in a limited RE Initial Study Page 81 of 98 number of additional short-term truck trips along the corridors containing the static billboard. Total truck trips is estimated at approximately 115 one-way trips, or around 39 one-way trips per phase 13 (see Section XVI), but these trips will occur over time and will result in a minimal short-term increase in noise levels along the corridors containing the static billboards and along designated truck routes. Noise impacts associated with truck trips for removal of the existing static billboards is thus anticipated to be less than significant. Construction of the three electronic billboards is similarly anticipated to result in a minimal short-term increase in truck trips to the leasehold sites. Construction of each electronic billboard is anticipated to result in approximately 5 truck trips over the approximate 5 days required for construction. Noise impacts associated with truck trips for construction of the electronic billboards is thus anticipated to be less than significant. Operation of an electronic billboard does not produce substantial levels of noise. ,Electronic billboards do not utilize cooling units, compressors or any other type of noise -producing mechanical equipment. Moreover, the electronic billboards would be located in close proximity to existing freeways, where the existing ambient noise levels are already very elevated due to the volume of traffic. As noted in the noise analysis chapter of the OVOV Program EIR (at page 3.18-14), motor vehicle noise on freeways and other roadways are the primary noise sources in the OVOV Planning Area. Figure 3.18-8 of the OVOV Program EIR shows existing (2007) noise levels in the Planning Area. As sbown in Figure 3.18-8, all three billboard sites are located within the 65-70 CNEL contours associated with adjacent freeways. Operation of the billboards will not expand these contours or result in an increase in noise above existing ambient levels. The proposed project would not generate a substantial permanent increase in noise levels. The long-term noise impact from the proposed project on adjacent uses is thus anticipated to be less than significant. b) Less Than Significant Impact: There are no established vibration standards in the City of Santa Clarita. Regardless, the proposed project would not expose people to excessive groundbome vibrations or groundbome noise levels. Construction of the electronic billboards may temporarily generate vibrations during drilling for the column foundation. However, the proposed project does not involve construction practices that are typically associated with vibrations, such as pile driving and large-scale demolition. In addition, none of the three leasehold sites is located in close proximity to residential or commercial uses. Therefore, the proposed project would not cause significant vibration impacts. c) Less than Significant Impact: See discussion under XIIa. d) Less than Significant Impact: See discussion under XIIa. e) No Impact: The proposed project is not located within an airport land use plan of within two miles of a public airport. f) No Impact: The proposed project is not located within the vicinity of a private 13 Truck trips are based on the following assumptions: removal of approximately 25,830 square feet of existing advertising surface, in three phases. Assuming a maximum thickness of 3 feet per sign, to account for sign and support structures, total waste is estimated at 77,490 cubic feet or 2,870 cubic yards. Assuming dump truck capacity of 25 cubic yards per truck yields an estimate of 115 trucks for waste disposal. Initial Study Page 82 of 98 XHL POPULATION AND a) Less than Significant Impact: Growth -inducing impacts are caused by those HOUSING characteristics of a project that foster or encourage population and/or economic growth. These characteristics include adding residential units or businesses, expanding infrastructure, and generating employment opportunities. The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The proposed project does not include any long-term components that would foster growth. The short time required for removal of the existing static billboards and construction of the 3 electronic billboards is not sufficient to result in significant employment generation. The project's growth -inducing impacts would therefore be less than significant. b) No Impact: The construction of the three electronic billboards would take place on City -owned land which is vacant. No housing units would be displaced by the project. c) No Impact: See response to XIV.b, above. Currently there is no housing on any of the three parcels that would be displaced as a result of the development of the electronic billboards. Consequently, there would be no housing displacement or the need to construct replacement housing elsewhere. XIV. PUBLIC SERVICES a)i. Less than Significant Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The proposed project will not result in the need for additional new or altered fire protection services and will not alter acceptable service ratios or response times. The project itself would not result in an increase in the population or long-term employment in the area and is small in scale. It is not large enough to require the development of additional Fire Department facilities. Therefore, the proposed project would not significantly impact fire protection services. a)ii. Less than Significant Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project itself would not result in an increase in the population or long-term employment in the area and is small in scale. The proposed project thus will not result in the need for additional new or altered police protection services and will not alter acceptable service ratios or response times. It is not large enough to require the development of additional Police Department facilities. Therefore, the proposed project would not significantly impact police services. e)iii. Less Than Significant Impact: The project includes City adoption of a Zone Text Amendment to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project itself would not result in an increase in the population or long- term employment in the area and is small in scale. It therefore will not result an increase in demand for school services. Impacts will be less than significant. -zz o Initial Study Page 83 of 98 a)iv. Less Than Significant Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project itself would not result in an increase in the population or long -tens employment in the area and is small in scale. It therefore will not result an increase in demand for park services. Park -related impacts will be less than significant. a)v. Less Than Significant With Mitigation: Norland Road is a gated roadway which currently serves the access road to a Southern California Edison (SCE) electrical distribution line ROW and Newhall County Water District Water wells. Electronic billboard construction at this location may briefly hinder maintenance access to these public services. The following mitigation measure will ensure that important service maintenance is not disrupted during project billboard construction at this location. Mitigation Measure PUB -1: Prior to the start of construction of the electronic billboard at the Norland Drive site, Southern California Edison and Newhall County Water District shall be notified and construction shall be scheduled in consultation with these two service providers in a manner that, to the satisfaction of the City of Santa Clarita's Director of Public Work, does not significantly impact necessary SCE and Newhall County Water District access to their facilities. a) No Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project does not include any components located at an existing or proposed recreational facility or have any growth -inducing components which would affect population growth in the Santa Clarita area by attracting additional residents. The proposed project would therefore have no direct or indirect effect on recreational facilities. Therefore, the project would not lead to substantial physical deterioration of any recreational facilities, and would have no related significant impacts. b). No Impact: The project includes City adoption of a Zone Amendment to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of- way; and, construction of three electronic billboards on three City -owned sites. The project does not include any components located at an existing or proposed recreational facility or have any growth -inducing components which would affect population growth in the Santa Clarity area by attracting additional residents. The proposed project would therefore have no direct or indirect effect on recreational facilities. The proposed project does not involve, and would not require, the construction or expansion of off-site recreational facilities. Therefore, the proposed project does not involve the development of recreational facilities that would have an adverse effect on the environment, and the project would have no associated impacts. ZZ.1 Initial Study Page 84 of 98 XVI. 'TRANSPORTATION a -b) Less than Significant Impact: The project includes City adoption of a Zone / TRAFFIC Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. It is estimated that removal of the static billboards will result in a maximum of 115 one-way truck trips to haul all of the waste to be removed, or 39 one-way truck trips per phase distributed over the course of the removal operations, which are anticipated to take longer than several days (see )UI.a). Only a small portion of the trips would occur during the AM and PM peak hours. Construction of the electronic billboards is anticipated to result in approximately 5 one-way truck trips per sign, distributed over the five-day construction period. In accordance with the City's Traffic Impact Report Guidelines, projects that generate less than 50 trips during both the AM or PM peak hours do not require a traffic impact analysis. Similarly, the Los Angeles County Congestion Management Program (CMP) does not require traffic impact analyses for projects that contribute less than 50 trips to CMP arterial monitoring intersections during either the AM or PM weekday peak hours. The amount of trips generated by the project would be far less than 50 during any peak hour. Therefore, the proposed project would not exceed, either individually or cumulatively, an established level of service standard or any other circulation system performance measures established by the City or the Los Angeles County CMP, and the project would have a less than significant impact on the circulation system. c) No Impact: The project site is not within an airport land use plan or within two miles of a public airport or public use airport The project would not generate any trips to or from an airport and would not atter air traffic patterns. Consequently, the proposed project would not affect any airport facilities and would not cause a change in the directional patterns of aircraft. Therefore, the proposed project would have no impact to air traffic patterns. d) Less Than Significant Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. Adoption of the Zone Amendment and the removal of the existing static billboards within the Metro right-of-way are elements of the project that do not include any design features that would increase hazards. The question of whether or not placement of electronic billboards along fi-eeways creates traffic hazards for motorists has been extensively studied. The Federal Highway Administration (FHWA) has addressed hazards issues associated with signs in general and digital signs in particular through the issuance of laws, regulations and policy guidance.14 As part of its agreement with various states pursuant to the Highway Beautification Act (23 U.S.C. §131), for example, it has 14 For a summary of FHWA laws, regulations and policy guidance on changeable message signs go to: htto://www.fhwa.dotgoy/real estate/oractitioners/oac/policy and euidance/ Initial Study Page 85 of 98 confirmed that no sign is allowed that imitates or resembles any official traffic sign, and that signs may not be installed in such a manner as to obstruct, or otherwise physically interfere with an official traffic sign, signal, or device, or to obstruct or physically interfere with the vision of drivers in approaching, merging or intersecting traffic. These provisions may be enforced by the FHWA, but the agreement with the State of California also requires Caltrans to enforce these provisions. None of the three proposed electronic billboards are located in a way that would obstruct, or otherwise physically interfere with an official traffic sign, signal, or device, or to obstruct or physically interfere with the vision of drivers in approaching, merging or intersecting traffic, as shown in Figures 9,12 and 15. The FHWA agreement with California includes specific provisions regarding the brightness of signage: Signs shall not be placed with illumination that interferes with the effectiveness of, or obscures any offrcial trgf%4c sign, device or signal; shall not include or be illuminated by flashing, intermittent or moving lights (except that pan necessary to give public service information such as time, date, temperature, weather or similar information); shall not cause beams or rays of light to be directed at the traveled way if such light is of such intensity or brilliance as to cause glare or impair the vision of any driver, or to interfere with any driver's operation of a motor vehicle. (Agreement dated February 15, 1968) The FHWA has responded to the development of signs that present changing messages, either mechanically or digitally, with an interpretation of its agreements with the states pursuant to the Highway Beautification Act. The FHWA discussed "changeable message signs" in a Memorandum dated July 17, 1996, concluding that a state could reasonably interpret the provisions of its agreement with the FHWA "...to allow changeable message signs... The frequency of message change and limitation in spacing for these signs should be determined by the State." On September 25, 2007, the FHWA again issued a Memorandum on the subject of off -premises changeable electronic variable message signs, or CEVMS. The Memorandum stated that proposed laws, regulations and procedures that allowed CEVMS subject to acceptable criteria would not violate the prohibition on "intermittent" or "flashing" or "moving" signs as used in the state agreements. The Memorandum identified "ranges acceptability" relating to such signage, as follows: Duration of Message — The FHWA guidance is that each display is generally between 4 and 10 seconds - 8 seconds is recommended. The Zone Amendment requires at least 8 seconds. • Transition Time - The FHWA guidance is that transition between messages is generally between I and 4 seconds - 1-2 seconds is recommended. The Zone Amendment requires that still images may not move or present the appearance of motion and may not use flashing, scintillating, bhnldng, or traveling lights or any other means not providing constant illumination. • Brightness - The FHWA guidance is to adjust brightness in response to changes in light levels so that the signs are not unreasonably bright for the safety of the motoring public. The Zone Amendment requires that diaital- Z�z . ) Initial Study Page 86 of 98 display faces must have a maximum brightness not to exceed 0.3 foot candles 15 above ambient lighting for both the daytime and nighttime condition, thus providing for adjustments in brightness in response to changes in light levels so that the signs would not be unreasonably bright for the safety of the motoring public. Spacing - The FHWA guidance is that spacing between such signs not less than minimum spacing requirements for signs under the applicable Federal/State Agreement (FSA), or greater if determined appropriate to ensure the safety of the motoring public. The Zone Amendment requires that except as prohibited by the California Outdoor Advertising Act, a billboard may be located at, or greater than, 500 feet from another billboard on the same side of the street or highway. The 500 -foot spacing standard mirrors the standard in Section 5408 of the California Adverting Act (California Business and Professions Code). • Locations - The FHWA guidance is locations where allowed for signs under the FSA except such locations where determined inappropriate to ensure safety of the motoring public. The Zone Amendment specifies the allowable locations within zones and along key freeway corridors. The Memorandum also referred to other standards that have been found helpful to ensure driver safety. These include a default designed to freeze the display in one still position if a malfunction occurs; a process for modifying displays and lighting levels where directed by the State DOT (Caltrans) to assure safety of the motoring public; and requirements that a display contain static messages without movement such as animation, flashing, scrolling, intermittent or full -motion video. Manufacturers and operators of digital billboards more frequently use a full -black screen in the event of a malfunction. In addition to the provisions of the Highway Beautification Act and the FHWA memoranda discussed above, the state of California has adopted the Outdoor Advertising Act (Business and Professions Code §§5200 et seq.) and regulations implementing its provisions (California Code of Regulations, Title 4, Division 6, §§2240 et seq.). These include provisions that deal specifically with "message centers," which are defined as "...an advertising display where the message is changed more than once every two minutes, but no more than once every four seconds." (§5216.4) Consistent with the memoranda executed pursuant to the Highway Beautification Act, the Outdoor Advertising Act provides that message center displays that comply with its requirements are not considered flashing, intermittent or moving light. (§5405(d)(1)) The requirements provide that such signs must not display messages that change more than once every four seconds, and that no message center may be placed within 1,000 feet of another message center display on the same side of the highway. As noted above, the City's Zone Amendment requires that messages do not change more than once every eight seconds and specifies images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. 15 A candle foot is a unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot. It was originally defined with reference to a British standard candle, with one candle foot equal to the illumination produced by a standardized candle at a distance of one foot. Initial Study Page 87 of 98 The California Vehicle Code regulates the brightness of billboard lighting. Vehicle Code §21466.5, which identifies the applicable standard, states: No person shall place or maintain or display, upon or in view of any highway, any light of any color of such brilliance as to impair the vision of drivers upon the highway. A light source shall be considered vision impairing when its brilliance exceeds the values listed below. The brightness reading of an objectionable light source shall be measured with a 1/2 -degree photoelectric brightness meter placed at the driver's point of view. The maximum measured brightness of the light source within 10 degrees from the driver's normal line of sight shall not be more than 1,000 times the minimum measured brightness in the driver's field of view, except that when the minimum measured brightness in the field of view is 10 foot -lamberts or less, the measured brightness of the light source in foot-lambert shall not exceed 500 plus 100 times the angle, in degrees, between the driver's line of sight and the light source. This standard may be enforced by Caltrans, the California Highway Patrol, or local authorities. As noted above, The Zone Amendment requires that digital display faces must have a maximum brightness not to exceed 0.3 foot candles above ambient lighting for both the daytime and nighttime condition, thus providing for adjustments in brightness in response to changes in light levels so that the signs would not be unreasonably bright for the safety of the motoring public. This illumination level is below the level specified in the Vehicle Code. In addition, Vehicle Code §21467 provides that any sign which does not comply with Vehicle Code requirements is a public nuisance and any such noncompliant sign, signal, device or light may be removed without notice by Caltrans, the California Highway Patrol or local authorities. The electronic billboards would comply with the requirements of the California Vehicle Code. Furthermore, Caltrans requires that any person engaged in the outdoor advertising business must obtain a license from Caltrans and pay the required fee. (§5300) No person may place any advertising display in areas subject to Caltrans authority without having a written permit from Caltrans. (§5350) These provisions of law and regulation effectively regulate sign location and brightness to ensure that digital billboards will not be located in such a manner as to create hazards due to lighting conditions themselves. As digital billboard technology has evolved, the issue has been raised as to whether digital billboards themselves, regardless of compliance with such operating restrictions, present a distraction to drivers and thereby create conditions that could lead to accidents. Two studies have recently been conducted for the Foundation For Outdoor Advertising on this subject. The study prepared by the Virginia Tech Transportation Institute 16 compared "four event types." The four event types were: Digital Billboard, Conventional Billboard, Comparison, and Baseline. Comparison events were areas with visual elements other than billboards. The baseline event type referred to areas with no billboards or other large signs visible (except for 16 Driving Perfomance and Digital Billboards, by Suzanne E. Lee, Melinda J. McElheny and Ronald Gibbons, Viginia Tech Transporation Institute Center For Automotive Safety Research, March 22, 2007. Initial Study Page 88 of 98 perhaps speed limit and other small traffic co Virginia Tech Transportation Institute found: Drivers did not glance more frequently in the direction of digital billboards than in the direction of other event types, but drivers did take longer glances in the direction of digital billboards and comparison sites than in the direction of conventional billboards and baseline sites. However, the mean glance length towards the digital billboards was less than one second. Various researchers have proposed that glance lengths of 1.6 seconds, 2.0 seconds, and longer may pose a safety hazard. An examination of longer individual glances showed no differences in distribution of longer glances between the four event types. There were only minor differences in speed maintenance or lane keeping performance for the four event types. The overall conclusion, supported by both the eyeglance results and the questionnaire results, is that the digital billboards seem to attract more attention than the conventional billboards and baseline sites. Because of the lack of crash causation data, no conclusions can be drawn regarding the ultimate safety of digital billboards. Although there are measurable changes in driver performance in the presence of digital billboards, in many cases these differences are on a par with those associated with everyday driving, such as the on -premises signs located at businesses. The second study, entitled A Study of the Relationship Between Digital Billboards and Traffic Safety In The Greater Reading Area, Berks County, Pennsylvania" concluded that there was no statistically significant relationship between digital billboards in the Greater Reading Area and the occurrence of accidents. The Federal Highway Administration has also monitored the issue closely, and recently released its report updating the agency's view of the issues and research. The report is entitled: "The Effects of Commercial Electronic Variable Message Signs (CEVMS) on Driver Attention and Distraction: An Update." (FHWA Report, February 2009). The FHWA Report addressed the basic research question of whether operation of a CEVMS along the roadway is associated with a reduction of driving safety for the public. The report identified three fundamental methods for answering this question: (1) whether there is an increase in crash rates in the vicinity of CEVMS, (2) whether there is an increase in near -crashes, sudden braking, sharp swerving and other such behaviors in the vicinity of CEVMS, and (3) whether there are excessive eye glances away from the roadway in the vicinity of CEVMS. The report discusses existing literature and reports of studies, key factors and measures relating to CEVMS and effects on traffic, and recommends a study approach. The report does not provide guidance to states on the control of CEVMS. The report confirmed that there have been no definitive conclusions about the presence or strength of adverse safety impacts from CEVMS. Similarly, a study performed under the National Cooperative Highway Research Program (NCHRP), Project 20-7 (256) entitled "Safety Impacts of the Emerging Digital Duplay Technology for Outdoor Advertising Signs" (April 2009 NCHRP v A Study of the Relationship Between Digital Billboards and 7Yq[fic Safety In The Greater Reading Area, Berks County, Pennsylvania, by Michael Walter Tantala, P.E. and Albert martin Tantala, Sr., P.E., August 2, 2010. —2-2(p Initial Study Page 89 of 98 Report) reviewed existing literature. Both reports agreed that digital billboards should be regulated as a means of protecting the public interest. Conducting a study to isolate attention to a digital billboard, and to measure and analyze the effects of such attention, is difficult. Not only are roadway conditions unique for each sign location, but there are also a variety of other factors that may contribute to driver inattention, including other roadway signage (including official signage), and other driver activities (such as tuning the radio, talking on the phone, smoking, talking to other passengers, etc.). Various restrictions have been identified in reports that relate to the location and operation of digital billboards that seek to reduce safety concerns. These relate to brightness, message duration and message change interval, billboard location with regard to official traffic control devices, roadway geometry, vehicle maneuver requirements at interchanges (i.e., lane drops, merges and diverges), and with regard to the specific constraints that should be placed on the placement and operation of such signs. Regulation of operations could include, for example, the time any single message may be displayed, the time of message transition, brightness of the sign and controls that adjust brightness based on the ambient light environment, and design and placement,that ensures that the sign does not confuse drivers, or create dangerous glare. As discussed above, the Zone Amendment includes these types of measures. Similarly, restrictions on digital billboards contained within the Outdoor Advertising Act and enforced by Caltrans regulate many of the conditions that have been identified as relevant to traffic safety and driver distractions. Caltrans regulates the location of proposed digital billboards through its application process, and the distance between such signs is also regulated. California statutory provisions regulate brightness of displays. Through local and state law, such signage would be prohibited from displaying flashing lights, flashing images, or moving images. Lease and operating agreements between the City and the project applicant would regulate the message display time, message interval, and sign dimensions. The project would be required to comply with restrictions regarding location, intensity of light, light trespass, or other restrictions, especially those enforced by the Caltrans pursuant to its authority under the agreements between the U.S. Department of Transportation under the Highway Beautification Act, and the Outdoor Advertising Act. In addition, the electronic billboards would be required to operate in a manner consistent the requirements in the City's Zone Amendment which are designed to operationalize the recommendations in the September 25, 2007 FHWA Memorandum. Compliance with existing federal regulations, state law, and City requirements specified in the Zone Amendment as discussed in the Project Description would ensure that any hazards associated with this use, and the potential effects on traffic and driver safety would be less than significant. e) Less Than Significant: The electronic billboard leasehold site's ingresslegress and circulation are required to meet the Los Angeles County Fire Department's standards, which ensure provision of adequate access for emergency vehicles. Furthermore, final project plans are subject to review and approval by the Fire Department to ensure that the site's access complies with all Fire Department ordinances and policies. With the required compliance with all Fire Department ordinances and policies, the project would not cause significant impacts due to inadequate emergency access. Therefore, the project would have less than significant emergency access impacts. f g) Less Than Significant: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of Z-at� Initial Study Page 90 of 98 billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The construction and operation of the proposed project would not place any permanent or temporary physical barriers in the thoroughfare of any existing public streets which would affect pedestrian or bicycle access. Furthermore, all development for the proposed electronic billboards would occur within the leasehold sites, thus, the proposed project would not impose any physical barriers on any existing pedestrian, bicycle, or vehicle travel routes. Therefore, the proposed project would not create hazards or barriers for pedestrians or bicyclists, and the project would have less than significant impacts. XVII. UTILITIES AND a) No Impact: The project includes City adoption of a Zone Amendment to the SERVICE SYSTEMS test of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project does not include any uses that generate wastewater. The project will therefore have no impact on wastewater treatment and will not exceed the wastewater requirements of the Regional Water Quality Control Board b) No Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project does not include any uses that use water or generate wastewater. Therefore, the proposed project would not require or result in the construction or expansion of new water or wastewater treatment facilities off-site, and the project would have no associated impacts. c) Less than Significant Impact: As discussed in sections VIII.c and VBI.d of this report, the construction of the electronic billboards will not significantly alter the drainage of the small leasehold sites or larger parcels. Construction of the support column for each of the three electronic billboards results in a very limited increase in impermeable surfaces on the leasehold sites. The support columns are not placed in a location that would result in a significant alteration in onsite stormwater flows. Therefore, the proposed project would not require or result in the construction of new offsite stormwater drainage facilities or the expansion of existing facilities off-site, and the project would have a less than significant impact on stormwater facilities and would not result in the need for construction or expansion of such facilities. d) No Impact:. The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project does include any uses that use water. Therefore, the proposed project would not require new or expanded water entitlements, and the project would have no related significant impacts. e) No Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The project does not include any uses that use water or generate wastewater. Therefore the project will not require a determination by the wastewater treatment wider that it has adequate capacity to serve the project, as no wastewater will be Gz2 Initial Study Page 91 of 98 f) Less Than Significant Impact: The project includes City adoption of a Zone Amendment to the text of the UDC to provide for reduction and relocation of billboards; phased removal of approximately 62 existing static billboards city-wide within the Metro right-of-way; and, construction of three electronic billboards on three City -owned sites. The only solid waste to be generated by the project is construction waste. The project will result in the removal of approximately 25,830 square feet of existing static billboards (see Attachment A). Assuming a worst- case thickness of 3 feet, the project would result in the removal of approximately 2,870 cubic yards of static billboard material. Actual amounts are likely to be much less. Santa Clarita is served by the Chiquita Canyon Landfill which accepts construction and demolition waste. Current landfill operations are permitted until November 24, 2019. The proposed project is anticipated to be completed prior to November of 2019. As of December of 2010 the landfill had a remaining estimated capacity of 8.390 million cubic yards.18 This capacity is sufficient to accommodate the project's solid waste disposal needs, which would represent an insignificant addition to the landfill. Project solid waste impacts are therefore anticipated to be less than significant. g) Less Than Significant Impact: The California Integrated Waste Management Act requires that jurisdictions maintain a 50% or better diversion rate for solid waste. The City implements this requirement through the City's franchised Solid Waste Management Services. Per the agreements between the City and the franchised trash disposal companies, each franchisee is responsible for meeting the minimum recycling diversion rate of 50% on a quarterly basis. Franchisees are further encouraged to meet the City's overall diversion rate goal of 75%. The proposed project is required to comply with the applicable solid waste franchise's recycling system, and thus, will meet the City's and California's solid waste diversion regulations. Therefore, the project would not cause any significant impacts, as it would comply with federal, state and local regulations related to solid waste. XVIII. MANDATORY a) Less than Significant Impact: Based on the analysis in Sections IV and V of FINDINGS OF this document, the proposed project would not substantially reduce the habitat of a SIGNIFICANCE fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Therefore, the proposed project does not result in a Mandatory Finding of Significance due to impacts to biological or cultural resources. b) Less than Significant Impact: The proposed project would not cause impacts that are cumulatively considerable. The project has the potential to contribute to cumulative air quality, greenhouse gas, biological resource, hydrology, water quality, noise, public services, traffic, and utility impacts. However, based on the analysis contained in this document, none of these cumulative impacts are substantial, and the project would not cause any cumulative impacts to become substantial. Therefore, with the incorporation of mitigation measures the proposed project does not have a Mandatory Finding of Significance due to cumulative 18 Los Angeles County Department of Public Works Solid Waste Information Management System Fact Sheet for the Chiquita Canyon Landfill available at: http://dow.lacounty.eov/ei)d/swiins/site/factsheet.ast)x?id=7&action=2 -a-21 Initial Study Page 92 of 98 Z'3 n c) No Impact: As discussed in Sections VIII and XV of this document, the proposed project would not expose persons to flooding or transportation hazards. The earth and geology conditions of the site would be alleviated by the required compliance with the California Building Code and, thus, the proposed project would not result in adverse effects on human beings from geotechnical considerations. Therefore, the project would not create environmental effects that would cause substantial adverse effects on humans. XIX. DEPARTMENT OF a) Less than Significant with Mitigation: As discussed in Section IV of this FISH AND GAME `DE document, the proposed project has the potential to adversely affect wildlife MINIMUS' FINDING resources. However with the incorporation of mitigation measures, the project would not cause any significant impacts on biological resources. Nonetheless, the project does not qualify for a Department of Fish and Game `De Minimus' or `No Effect' finding. Z'3 n Initial Study Page 93 of 98 MITIGATION MONITORING PROGRAM Identification of Mitigation Measures and Monitoring Activities I. AESTHETICS None Required II. AGRICULTURAL RESOURCES None Required III. AIR QUALITY None Required IV. BIOLOGICAL RESOURCES Mitigation Measure BIO -1: Grading, clearing, grubbing, and/or removal of vegetation — particularly removal or pruning of mature trees — shall be conducted outside the nesting bird season, which typically occurs from February 16 to August 31. Any grading, clearing, grubbing and/or removal of vegetation during the nesting bird season (February 16 to August 31) will require a nesting survey performed by a qualified biologist at least one (1) week prior to the activity. If discovered, all active nests shall be avoided and provided with an adequate buffer zone to protect nestlindividuals as determined by the biologist (typically a minimum buffer of 300 feet for most species and 500 feet for raptors). Once buffer zones are established, work shall not commence/resume within the buffer until a qualified biologist confirms that all fledglings have left the nest, which would likely not occur until the end of the nesting season. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: During the clearing, grubbing, and/or removal of vegetation phases of construction. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure BIO -2: Following construction of the electronic billboard at Site 2 — Remsen Street, no pruning of the oak trees at this location shall occur without first consulting with the Community Development Department of the City of Santa Clarita to determine if an Oak Tree Permit is required. If it is determined that an Oak Tree Permit is required, no disturbance of the oak trees shall occur until the necessary permit is obtained. All oak tree pruning shall be conducted in accordance with the conditions of any required Oak Tree Permit. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Project maintenance. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure BIO -3: In order to reduce fugitive dust emissions during construction, the City shall require the construction contractor to comply with the applicable requirements of SCAQMD Rule 403: Fugitive Dust for each phase of construction, including: • Maintain live perennial vegetation where possible. • Apply water or a stabilizing agent in sufficient quantity to prevent generation of visible dust and visible dust leaving the construction site (typically 3 times/day). • Cover all stockpiles with tarps at the end of each day, or as needed. • Stabilize exposed soils once earth -moving activities are complete. • During soil export, stabilize material to reduce fugitive dust emissions, and use tarps or maintain at least six inches of freeboard on haul vehicles. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Project construction. Enforcing, Monitoring Agency: Cit of Santa Clarita Planning Division �a --3 Initial Study Page 94 of 98 Identification of Mitigation Measures and Monitoring Activities Mitigation Measure BI04: A burrow search in the 150 m buffer zone areas surrounding Sites 1 and 2 will be conducted in accordance with CDFG Staff Report on Burrowing Owl Mitigation (CDFG 2012): a. If no burrows are found, no further action for burrowing owl would be required. b. If potentially suitable burrows are observed in the 150 in buffer zone area surrounding the sites, a burrowing owl survey will be conducted in accordance with the CDFG Staff Report on Burrowing Owl Mitigation. If no burrowing owls are found during the survey, burrowing owls would be considered absent from the site and adjacent areas. c. If owls are detected within the 150 in buffer zone area during the surveys, mitigation for direct and/or indirect impacts to burrowing owls will be implemented in accordance with the CDFG Staff Report on Burrowing Owl Mitigation (CDFG 2012) and in consultation with and to the satisfaction of the CDFW. d. A final take avoidance survey for burrowing owls conducted within 24 hours prior to ground disturbance in accordance with CDFG mitigation requirements. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to project construction. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division V. CULTURAL RESOURCES Mitigation Measure CULT -1: In the unlikely event that archeological sites accidentally discovered during construction, there shall be an immediate evaluation of the find by a qualified archeologist. If the find is determined to be a historical or unique archeological resource, as defined under CEQA, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation shall be provided. Construction work may continue on other parts of the construction site while historical/archeological mitigation takes place, pursuant to Public Resources Code Section 21083.2(i). If the find is determined to be a historical or unique archeological resource, as defined under CEQA avoidance is the preferred treatment for cultural resources. Where avoidance of construction impacts is possible, covering of the cultural resource site with a layer of chemically stable soil and avoidance planting (e.g., planting of prickly pear cactus) shall be employed to ensure that indirect impacts from increased public availability to the site are avoided. Where avoidance is selected, cultural resource sites shall be deeded into permanent conservation easements or dedicated open space. If avoidance and/or preservation of in place of the historical or unique archeological resource is not possible, the following mitigation measures shall be initiated: a. A participant -observer as determined by the appropriate Indian Band or Tribe shall be used during archaeological testing or excavation in the project site. b. The project proponent shall develop a test level research design detailing how the cultural resource investigation shall be executed and providing specific research questions that shall be addressed through the excavation program. In particular, the testing program shall characterize the site constituents, horizontal and vertical extent, and, if possible, period of use. The testing program shall also address the California Register and National Register eligibility of the cultural resource and make recommendations as to the suitability of the resource for listing on either Register. The research design shall be submitted to the designated agency for review and __ comment. For sites determined,_ through the Testing Program, to be ineligible for listing on Initial Study Page 95 of 98 Identification of Mitigation Measures and Monitoring Activities either the California or National Register, execution of the Testing Program will suffice as mitigation of project impacts to this resource. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: The contractor shall notify the City of Santa Clarita Planning division of any find during construction to ensure compliance with this measure. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure CULT -2: In the unlikely event that artifacts are found during construction, a paleontologist will be notified to stabilize, recover, and evaluate such finds. Party Responsible for Mitigation: Project Applicant Monitoring Actionrriming: During construction. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure CULT -3: In the unlikely event that human remains are encountered during a public or private construction activity, other than at a cemetery, State Health and Safety Code 7050.5 states that no further disturbance shall occur until the Los Angeles County Coronerhas made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The Los Angeles County Coroner must be notified within 24 hours. If the coroner determines that the burial is not historic, but prehistoric, the Native American Heritage Commission (NAHC) must be contacted to determine the most likely descendent (MLD) for this area. The MLD may become involved with the disposition of the burial following scientific analysis. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: During construction. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division VI. GEOLOGY AND SOILS Mitigation Measure GEO - 1: The design and construction of structures and facilities shall adhere to the standards and requirements detailed in the California Building Code (California Code of Regulations, Title 24), City of Santa Clarita Building Code, and/or professional engineering standards appropriate for the seismic zone in which such construction within the City would occur as detailed in the Geotechnical Report for the site. Conformance with these design standards shall be enforced through building plan review and approval by the City of Santa Clarita Building and Safety Division prior to the issuance of building permits for any structure or facility Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Plan review and prior to issuance of construction permits. Enforcing, Monitoring Agency: City of Santa Clarita Building and Safety Division Mitigation Measure GEO-2: Plan Review - Once formal foundation plans are prepared for the subject property, the geotechnical consultant for the project shall review the plans from a geotechnical viewpoint, comment on changes from the plan used during preparation of the applicable Geotechnical Report, revise the recommendations of the applicable Geotechnical Report where necessary, and inform the City of Santa Clarita Building and Safety Division prior to the issuance of the building permit for the structure that plans are in conformance with the recommendations of the applicable Geotechnical Report. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Plan review and prior to issuance of construction permits. Enforcing, Monitoring Agency: City of Santa Clarita Building and Safety Division Mitigation Measure GEO-3: Geotechnical Observation and Testing Durintt Construction — The geotechnical/geologic consultant shall monitor compliance with the design concepts and recommendations and provide additional recommendations as needed during the earthwork and foundation phases of electronic billboard installation. The gootechnical engineer shall provide Z3,:3 Initial Study Page 96 of 98 Identification of Mitigation Measures and Monitoring Activities observation during the pile foundation excavation. After the drilling of pile, the geotechnical engineer shall provide additional observation and testing during the following construction activities: • During the trenching and backfilling operations of buried improvements and utilities to verify proper backfill and compaction of the utility trenches. • During fine or precise grading involving the placement of any fills underlying driveways, sidewalks, walkways, or other miscellaneous concrete flatwork to verify proper placement, mixing and compaction of fills. • When any unusual conditions are encountered during construction. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: During construction. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure GEO-4: All pipes shall be installed in accordance with the recommendations of the applicable Geotechnical Report: they shall bedded in a sand, gravel or crushed aggregate imported material complying with the requirements of the Standard Specifications for Public Works Construction Section 306-1.2.1. Crushed rock products that do not contain appreciable fines shall not be utilized as pipe bedding and/or backfill. Bedding materials shall be densified to at least 90% relative compaction (ASTM D1557) by mechanical methods. The geotechnical consultant shall review and approve proposed bedding materials prior to use. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Plan review and prior to issuance of construction permits. Enforcing, Monitoring Agency: City of Santa Clarita Building and Safety Division VII. GREENHOUSE GASES Mitigation Measure GHG-1: Prior to the operation of the electronic billboard on the Norland Road leasehold, the applicant shall demonstrate to the satisfaction of the Community Development Director that illuminated static billboards with a combined power usage of at least 107,520 kW hours have been permanently removed. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to operation of the electronic billboard on Norland Road site. Enforcing, Monitoring Agency: Ci of Santa CMta Community Development Director. 2-34 Initial Study Page 97 of 98 Identification of Mitigation Measures and Monitoring Activities VIII. HAZARDS AND HAZARDOUS MATERIALS Mitigation Measure HAZ-1: The applicant will work with the owners/operators of the static billboards to be removed to identify billboards constructed prior to 1981 and to determine if lead-based paint and/or asbestos -containing materials were used or included on the billboards. Any billboards to be removed which are identified as potentially containing asbestos -containing materials (ACM) or lead-based paint (LBP) shall be handled and disposed of in accordance with applicable OSHA programs and regulatory requirements. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to static billboard removal. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division Mitigation Measure HAZ-2: Prior to any geotechnical testing work or construction at the Remsen Street site, the project applicant shall obtain a Letter of Permission from the LADWP. A copy of the Letter of Permission and all correspondence related to the Letter of Permission shall be provided to the City of Santa Clarita's Director of Public Work and Planning Division prior to starting any work or testing in the project vicinity. All work shall conform to the method and schedule submitted and approved by LADWP. The project applicant shall comply with all conditions and restrictions required as part of the Letter of Permission or otherwise by the LADWP, including but not limited to any requirements for an LADWP inspector to be present during work operations, fees, insurance, and restrictions on the location of or placement of materials and equipment. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to issuance of construction or testing permits and during testing and construction. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division and City of Santa Clarita Director of Public Works. Mitigation Measure HAZ3: Prior to ground disturbance on the leasehold sites, the project applicant shall coordinate with applicable utility providers and easement holders to identify the location of utilities and pipe lines on the leasehold sites and obtain any required construction -related permits from the applicable utility providers. Construction activities shall be conducted in a manner that will not significantly impact utility service delivery off-site, or result in accident conditions involving explosion or the release of hazardous materials into the environment (including but not limited to oil). Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to issuance of construction permits. Enforcing, Monitoring Agency: City of Santa Clarita Planning Division IX. HYDROLOGY AND WATER QUALITY Mitigation Measure HYDRO -1: If groundwater is encountered during construction the Geotechnical Engineer for the project and the City's Director of Public Works shall be notified and subsurface drilling and construction shall not proceed until it is demonstrated to the satisfaction of the Director of Public Works that ground water quality will not be significantly impacted by project construction. Party Responsible for Mitigation: Project Applicant and construction contractor Monitoring Action/Timing: During construction. Enforcing, Monitoring Agency: City of Santa Clarita Director of Public Works. L -3,5 Initial Study Page 98 of 98 Identification of Mitigation Measures and Monitoring Activities Mitigation Measure HYDRO -2: Prior to issuance of the constriction permit for the Norland Road site, the City of Santa Clarita shall consult with the operator of any active wells within 1,000 feet of the Leasehold Site to ensure that construction activities will not impact well operations or well maintenance. Construction shall not go forward until it is demonstrated to the satisfaction of the Director of Public Works that construction will not significantly impact well operations or water quality. Party Responsible for Mitigation: City of Santa Clarita Monitoring Action/Timing: Prior to issuance of construction permit for Norland Road site. Enforcing, Monitoring Agency: City of Santa Clarita Director of Public Works. X. LAND USE AND PLANNING None Required XI. MINERAL AND ENERGY RESOURCES None Required XII. NOISE None Required XIII. POPULATION AND HOUSING None Required XIV. PUBLIC SERVICES Mitigation Measure PUB -1: Prior to the start of construction of the electronic billboard at the Norland Road site, Souther California Edison and Newhall County Water District shall be notified and construction shall be scheduled in consultation with these two public service in a manner that, to the satisfaction of the City of Santa Clarita's Director of Public Work, does not significantly impact necessary SCE and Newhall County Water District access to their facilities. Party Responsible for Mitigation: Project Applicant Monitoring Action/Timing: Prior to issuance of the construction permit for the Norland Road site. Enforcing, Monitoring Agency: City of Santa Clarita Public Works Director. XV. RECREATION None Required XVI. TRANSPORTATION/TRAFFIC None Required XVII. UTILITIES AND SERVICES SYSTEMS None Required �1 3 t67 Existing LACM7A Inventory in Santa Clarita Allvislon ID Operator Structures Faces Illuminated Height Width Square Feet 1 Clear Channel 1 2 Yes 12 25 600 2 Clear Channel 1 1 Yes 14 48 672 3 Clear Channel 1 2 Yes 12 25 600 4 CBS I 1 No 12 25 300 5 CBS 1 1 No 12 25 300 6 CBS 1 2 No 12 25 600 7 Clear Channel 1 2 Yes 12 25 600 8 Clear Channel 1 2 Yes 12 25 600 9 Clear Channel 1 1 Yes 12 25 300 10 Clear Channel 1 2 Yes 12 25 600 11 Clear Channel 1 2 Yes 12 25 600 12 CBS 1 2 Yes 12 25 600 13 CBS 1 2 Yes 12 25 600 14 Clear Channel 1 2 Yes 12 25 600 15 CBS 1 1 No 12 25 300 16 Clear Channel 1 2 Yes 12 25 600 17 Clear Channel 1 2 No 12 25 600 18 Edwards 1 2 No 6 12 144 19 Clear Channel 1 2 No 12 25 600 20 Edwards 1 2 No 6 12 144 21 Edwards 1 2 No 6 12 144 22 Edwards 1 2 No 6 12 144 23 Clear Channel 1 2 Yes 12 25 600 24 CBS 1 1 No 15 10 150 25 Clear Channel 1 2 Yes 12 25 600 26 Edwards 1 2 No 6 12 144 27 Edwards 1 2 No 6 12 144 28 Clear Channel 1 2 Yes 12 25 600 29 CBS 1 2 No 15 10 300 30 CBS 1 2 No IS 30 300 31 Edwards 1 2 No 6 12 144 32 CBS 1 2 Yes 12 25 600 33 Clear Channel 1 2 Yes 14 48 1344 34 CBS 1 2 Yes 12 25 600 3S Clear Channel 1 2 Yes 12 25 600 36 Edwards 1 2 No 6 12 144 37 CBS 1 2 No 12 25 600 38 Edwards 1 2 No 6 12 144 39 Edwards 1 2 No 6 12 144 40 Clear Channel 1 2 Yes 14 48 1344 41 Edwards 1 2 No 6 12 144 42 Edwards 1 2 No 6 12 144 43 CBS 1 2 No 12 25 600 44 Edwards 1 2 No 6 12 144 45 Clear Channel 1 2 Yes 12 25 600 46 Edwards 1 2 No 6 12 144 47 Clear Channel 1 2 Yes 12 25 600 48 Edwards 1 2 No 6 12 144 49 Edwards 1 2 No 6 12 144 50 Clear Channel 1 2 Yes 12 25 600 51 Edwards 1 2 No 6 12 144 52 Edwards 1 2 No 6 12 144 53 CBS 1 2 Yes 12 25 600 54 Edwards 1 2 No 6 12 144 55 Edwards 1 2 No 6 12 144 S6 Unknown 1 2 No 6 10 120 57 Edwards 1 2 No 6 12 144 58 Edwards 1 2 No 6 12 144 59 Edwards 1 2 No 6 12 144 60 CBS 1 2 Yes 12 25 600 61 Unknown 1 2 No 6 12 144 62 CBS 1 2 Yes 14 48 1344 25830 Allvislon 4/3/2013 W57 AAR'Iz I��S$Iglia n Ttiyys� 9� s ✓• M.I4.YY.eBNf a zlQ I � t i I p� li � 1 n €h53............g46a;al Roez�p� 5 ap � z 3� 666E8 g $g �° €I55 gg��� I ; � aqq� 1 fiia �a114 ��a oug1jag %fit I I a 9 F �� gigg a 9 b Ia Adl Ig rounxer n g p B M pl =vqp Homo 9 RRZZ 19 CRC Enterprises�"u°'°" I ToaocaePa[c soavex eoeoo mw�.t gym xe.e ewu zoo s.vu euNu c. 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Beverly Glen Blvd., Los Angeles, CA 90024 (310) 475-1114 • ddesmond@donnadesmond.com February 12, 2014 Mr. Don Davis, Esq. Burke, Williams & Sorenson 444 S. Flower Street, 241 Floor Los Angeles, CA 90071 Re: Updated review ojLease Agreement, Development Agreement between the City ojSanta C7arita and Los Angeles County Metropolitan Transportation Authority Dear Mr. Davis: As requested, I have reviewed the most recent proposed lease agreement, development agreement and deal points for three digital outdoor advertising boards to be erected on City of Santa Clarita ("City") properties by the Los Angeles County Metropolitan Transportation Authority ("Metro"). I have no suggested changes to the terms and conditions within the agreements. The lease terms and income projected to be generated by the City under the agreements are in line with market expectations, particularly in consideration of the number of billboard faces being removed as part of the deal. Attached, please find a summary of recently negotiated deal points between various cities in California and different outdoor advertising companies, including Clear Channel Outdoor, CBS Outdoor, Veale Outdoor and Foster Media. The lease deals reviewed indicate ground lease rates based on revenue sharing providing cities with between 20% and 30% of net advertising revenue generated by the digital boards. The City's revenue share percentage under the proposed lease agreement is within this range. In regard to take -downs, the lease deals reviewed have included between zero and four static face removals per new digital face. Under the proposed development agreement with Metro, a total of sixty-two outdoor advertising structures incorporating 117 faces will be removed, equivalent to approximately twenty static face removals per new digital face. Approximately 25,000 square feet of static billboard facings will be replaced with 4,032 square feet of digital faces. This conversion greatly exceeds all other public deals reviewed. Please feel free to contact me with any additional questions you may have on the foregoing or attachment. Very truly yours, DOjNNA�DESMO:JNDDASASS�OCIA'TES Donna Desmond, ASA Cc Mr. David Koontz Enclosure a5o Summary of Comparable Agreements for Digital Billboard Development on Public & Private Property Page I 1 ,Cl a41 Number of New Rent per Double Signing Billboard City Type of Term Structures Faced Structure Bonus Removals Agreement Lease $41,250 per Sacramento — 2011 Agreement on 25 Years 6 Double Faced $180,000 face; $330,000 4 static removals City owned LED Structures total per new digital face property Lease Multiple Non $83,333 per Cal Expo - 2011 Agreement on 20 Years Standard LED $75,000 base or/o face; $500,000 None Cal Expo Faces on Multiple 30 total property Structures Antioch (agreement Lease originally for LED — Agreement on 30 Years 1 Double Faced $60,000 base or None None now static only) - City owned Static Structure 25% 2012 1 property 2 Double Faced $50,000 + $50,000 . $25,000 per Three static Rocklin — 2012 Operating/Lease 20 Years LED Structures (for City owned double-faced bulletin structures site) sin on I-80 removed Lease 2 static structures Roseville - 2012 Agreement on Unknown 2 Double Faced >$100,000 base or None for each double City owned LED Structures apprx. 25% faced digital property structure $333,333 per Replacement of Oakland Franchise None None face; single face & $1,000,000 removal of 20 total small format faces Relocation from - 11% of net, City owned I Double Face estimated to be 2 faces relocated Martinez - 2011 property to None LED Structure None $120K to and upgraded to $160K per digital faces private property year 2 Double Faced $400,000 per Development LED Structures face; face; Replacement of Buena Park - 2012 Agreement on 20 Years and 1 Double None $1,0 two double faced Private Property Faced Static total static structures Structure 3 Double Faced > 6 Digital faces LED Structures S200K total + 6 Port of Oakland/City Lease/Sublease and 3 Backlit backlit static faces of Oakland - 2012 on Port/City 66 Years Static Double $100K totaUor None None owned property Faced Structures 40% (75% paid to city & 25% paid to master lessor Lease on City 20+10 1 Double Faced Greater of Rohnert Park — 2012 owned property Years LED Structure $la 80,000 base or $50,000 None 20% of net revenue Page I 1 ,Cl a41 Summary of Comparable Agreements for Digital Billboard Development on Public & Private Property City Type of Agreement Term Number of New Structures Rent per Double Faced Structure Signing Bonus Billboard Removals Santa Fe Springs - Development 1 Double Faced 2013 Agreement on Unknown LED Structure 7o �oofnetrevenue $7,500 None private property Development Greater of $80,000 Downey - 2013 Agreement on 20 Years I Double Faced base or 25% of net None None LAMTA owned LED Structure property revenue Page 12 ,)5�, David A. Zemach 4804 Laurel Cy. Blvd —Valley Village February 11, 2014 City of Santa Clarita Community Development Department 23920 Valencia Blvd. Suite 302 Santa Clarita, CA 91355 Re: Digital Billboard at Remsen Road Dear Armine Chaparyan, I am the owner of the property adjacent to the proposed sign site location, I am writing this letter to give the City of Santa Clarita formal notice that the city not I or my company will be responsible for demo and relocation of LAC- METRO proposed new digital billboard adjacent to my property APN -2827 010 012 on Remsen Street Apex. 1000 ft. east of Sierra Highway. Our proposed future developments will require a major road improvement and widening Remsen Street to the west where the proposed sign location is. Remsen Street is a public road second entrance to our north west property which will impact the digital billboard in the future development. In conclusion, please acknowledge that you received this notice and you can call me with any questions at (818) 620 6221. Sincerely, f ez"/71 David A. Zemach � 53 David Koontz From: Moshe. Tzemach <mtzemach@gmail.com> Sent: Friday, February 14, 2014 10:09 AM To: David Koontz Subject: Fwd: Remsen Street Billboard information Attachments: David A. Zemach letter to the city of SC.pdf Good morning David, Find please our attached letter in concern of installation of sign on Remsen St.Our property to the north is adjacent to Remsen St. On both side, Currently our Civil Engineer planning our grading plan for the North 40 acres property witch start from Sierra Hwy by the Green gate entry from Remsen St. going East South on Both side of the road. Remsen Street was the main Entry way to our property prior of the city installing the two gates to prevent dumping to both the city property and our i was told by the city stuffs before the gate was install. However, Currently we are planning a major commercial development for our subject property, witch will require wilding Remsen St. on both side. By position the sign right on street Right of way as propose will cause a future need to remove and relocate the propose sign. In addition, their is an existing AQUEDUCT water line via 72" in diameter distributing water to the city of Los Angeles located in the center of Remsen St Belong to Los Angeles department of Water and Power. By building a large concrete foundation to support the sign, a surcharge from the foundation and the weight of the sign may cause breakage of the transmitting pipe. for for your information Department of Water and power did not receive any structural plan to review by LADWP Engineering Dept. according to Department official. Also, From my understanding, their is a governmental sensitive fiber optic wire running along west of Remsen St.(Right of way) right by the same area where the sign propose to be build. I will be at the city hall today i can see you before 12:OOAM if you want to discuss of the alternative location within the area. Regards, Moshie ---------- Forwarded message ---------- From: David Koontz <DKOONTZ(@santa-clarita.com> Date: Fri, Feb 7, 2014 at 4:32 PM Subject: Remsen Street Billboard information To: "mtzemach@gmail.com" <mtzemach@g-mail.com> Cc: Jason Smisko <JSMISKOCasanta-clarita.com> Mr. Moshie, a 6 I have attached three exhibits which show the location proposed for the billboard. The billboard structure would be entirely within the Remsen Street right of way. The pole would be installed in the roadway shoulder, and the overhead structure would extend over the roadway (towards the freeway) about 50 feet above the road surface. Roadway access for present and future users of Remsen Street will not be effected. If you have any other questions, I am happy to share additional information. Regards, David Koontz, AICP Associate Planner Community Development City of Santa Clarita Phone: (661) 255-4915 Email: dkoontzt7a santa-clarita.com Web: httD://www.santa-clarita.com City of SANTA CLARITA aE6 Julie Skinner From: Damon Ellis <sillenomad®gmail.com> Sent Monday, February 10, 2014 2:26 PM To: Laurene Weste; Marsha McLean; Bob Kellar, Frank Ferry; TimBen Boydston Subject: Please Reconsider Hello, I would like to voice my objection to any more billboards in Santa Clarita. Please don't tum Santa CMta into the SF Valley or the AV. Lighted billboards are ugly, tacky, dangerous and take away from the beauty of Santa Clarita. Don't let the sales man talk you into a poor decision. Please find other ways to increase revenue and don't sell our peaceful vistas for a profit. Thank you, Damon Ellis 15986 Thompson Ranch, Drive 5(0 Julie Skinner From: Karen Towles <survlvedat45@sbcglobal,net> Sent: Friday, February 07, 2014 4:38 PM To: Laurene Waste; Marsha McLean; Bob Kellar; tboydston@santaclarita.com Subject: Electronic signs Mayor and Councilmembers of SCV, Please consider not approving the 3 proposed electronic signs on the 14 and 5 freeways. We have such a beautiful vista on our freeways. The landscaping is so refreshing. Please do not blithe nor create an eyesore. The citizens of SCV did not pay additional fees for the free spade to have our scenery disturbed by electronic lighted signs. As a small business owner it will not help me to advertise. Thank you for your consideration of my opinion of a NO vote for the electronic signs. Karen Towles ,�2 5� Sanri C7larlm vallcy z74,p'I'4)urncp Rd. Stu i6o Chamber ofC ommcive . Santa Clarira CA g!3&,i February 7, 2014 Honorable Mayor Laurene Weste Councilmember's City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 RE: Billboard Removal Program Dear Councilmember's, As stated in our letter dated January 3, 2014 to the City of Santa Clarita Planning Commission, the Chamber will continue to track this program and Its effects on the business community as well as the residents. We continue to believe that billboard removal overtime and with appropriate outreach and resolution with the affected parties, is a net benefit to the community and to the values of business owners and residents alike. Additional information has been brought forth during the public outreach that leads us to believe that thorough investigation and study is critical in order to address the interests of those businesses affected by this decision and we encourage the public outreach that you have initiated. The Chamber's impression remains positive and we believe the City should pursue this course of action to beautify our community and to provide freeway identification. Thank you for your consideration of our point of view. Respectfully, James S. Backer 2014 Chairman of the Board 039A,, �, J CALIFORNIA STATE OUTDOOR ADVSRTISINO ASSOCIATION 1215 K Street, Suite 1500 Sacramento, CA 95814 (916) 446-7843 - Fax (916) 442-5961 www.CSOAA.com February 7, 2014 The Honorable Mayor Laurene Weste & City Council Sent Via Email The City of Santa Clarity 23920 Valencia Blvd. Santa Clarita, CA 91355 Re: The Allivision Proposed Contract Madame Mayor, Members of the Council: We are writing with respect to the proposed agreement between the City and Metro and its third party consultant, Allvision, regarding the removal of 62 existing billboards in the Metro right-of-way within the City in exchange for the erection of six digital billboard faces on City -owned property. We recognize the city's twin goals of reducing the number of billboards and bringing revenue to the City, but we believe the City is approaching this in a manner that may not only be legally questionable but also will result in significant potential revenue being left on the table. We urge that the Council delay consideration of this matter and review an alternative approach that would put this project out to open bid and result in a fairer, legally defensible and far more lucrative arrangement for the City. We strongly believe that this will benefit both the City and the local business community. A Fair Process for All We understand that the reason the City is recommending an agreement with Metro/Allvision and not carrying out a public and fair bidding process is that Metro and Allvision have stated that if the signs on Metro property are removed by the actual owners of the signs, Metro could still choose to rebuild these signs. If this is the case, we would like to emphasize that this statement is blatantly inaccurate. For your convenience I have attached Bus. & Prof. Code, Section 5405.6, which clearly states that Metro cannot build or rebuild any billboard signs on any of their property without compliance with the laws of the local lurisdiction. Thus, Metro and Allvision could not mbuild the signs removed from Mon property given the fact that the laws of Santa Clarity do not allow that. I have.also attached the California Senate Analysis in connection with the approval of Section 5405.6 (then called SB 919), which provides insight into a similar situation that led to the passage of Section 5405.6. If the Council is evaluating this proposal based on materially. Inaccurate information we urge you to delay consideration of this issue and reevaluate the City's course of action based on further investigation and correct and complete information. All of our CSOAA members welcome Allvision to a public bidding process. if the Allvision proposal is truly the best one for the City, a competitive and fair bidding process will show that. Reduced Revenue to tha City By having a consultant - Allvision - broker this arrangement between the City and Metro without involving or soliciting bids from the outdoor advertising operators, the City is adding an additional and unnecessary middleman, which will ultimately reduce the City's share in any revenue generated by the digital billboards. A competitive bidding process is not only a fairer process but also likely to result in the highest potential revenue to the City. We urge the City to change course and to consider contracting with the outdoor advertising operators or adopt an ordinance that allows. for such an arrangement to develop. Potential Litigation Currently, all of the existing signs in Metro right-of-way belong to private outdoor advertising operators who operate under license agreements with Metro. Metro can only agree to remove these third party signs by terminating these agreements, which would result in these companies being required to remove their signs. There are numerous potential legal issues associated with this course and the City can be sure that we will oppose those terminations. Most importantly, you should be aware that the termination rights under the Metro contracts have certain specific conditions that allow for termination and we do not believe those conditions have been met here. Further, even assuming the terminations are upheld, there will still likely be litigation over the taking of the operators' billboards for use by others under an ordinance to build new digital signs at the operator's expense - the loss of their assets. The City can be assured that there will likely be claims under Section 5412 of the California Outdoor Advertising Act and the City is part and parcel of this scheme by Metro and Allvision. While the City is not a party to the license agreements with Metro and the private operators, it will ultimately be one of the beneficiaries if this plan is allowed to go forward. Even if the City is not named as a party, it will be very much a part of any resulting litigation. As a third party, the City will still be required to respond to subpoenas, produce documents and records, and subject its employees and perhaps public figures to lengthy depositions and the like. In the end, City officials will need to spend significant time working with attorneys and other legal counsel. The fact that the City may have an indemnity from Metro won't shield it from being part of the litigation. Rather, this just means that any expenses incurred or money judgments ultimately entered against the City will be paid by Metro as part of the indemnity at taxpayers' expense (the MTA is a government entity). All this only distracts City officials from their day-to-day activities and goals at the expense of its constituents. We be] love the City's time and efforts are better focused elsewhere. Other Issues The proposed ordinance contains amortization provisions that are extremely problematic under California law, and raise the issue that the City cannot in this way circumvent the just compensation requirement. Further, the proposed"Billboard Overlay Zone" in the draft ordinance is in effect a "de facto" prohibition on new digital signs everywhere except on proposed City property locations --since we all know that in reality (due to spacing and other requirements) there are no other opportunities for new or converted signs in this overlay zone. In closing, we reiterate our plea to the City to reconsider its course of action on this proposed plan and we stand ready to work with you to achieve a process and an outcome that will reduce potential litigation risks and costs to the City while achieving the City's goals. Sincerely, A -V.-1 iC4- Mark A. Kudler CSOAA President re. Santa Clarita City Manager & City Attorney CSOAA Members Outdoor, Advertising Act and Regulations 2013 Edition Citations from the California Business and Professions Code, And Citations from the California Code of Regulations, Title 4; Business Regulations (Includes Law Changes through January .1, 2013 and Regulation Changes through January 25, 2013) EDMUND G. BROWN JR. Governor State of California MALCOLM DOUGHERTY Director Department of Transportation a(( § 54053 BUSINESS AND PROFESSIONS CODE Page 18 prohibitthe plaoingoftomporary political signs, unless afederal agency determines that such placement would violate federal regulations. However, no such sign shall be plooed within the right-of-way of any highway or within 660 feet of the edge of and visible from the right-of-way, of a landscaped f wway. A temporary political sign is a sign which: (a) Encourages a.particular vote in a scheduled election. (b) Is placed not sooner than 90 days prior to the scheduled election and is removed within 10 days after that election. (c) Is no larger than 32 square fact. (d) Has had a statement of responsibility filed with the department certifying . a person who will be responsible for removing the temporary political sign and who will reimburse the department for any cost incurred to remove it. §5405.5. Farm produce outlet Iocationsi advertising displays In addition to those displays permitted pursuant to Section 5405, displays erected and inaintained pursuantto regulations of the director, which will not be in violation of Seodon 131 of Title 23 ofthe United States Code,l and which Identity the location of a farm produce outlet where fanners sell directly to the public only those farm or ranch products they have produced themselves, may be placed or maintained within 660 feet from the edge of the rightbf--way so that the copy of the display is visible from a highway, The advertising displays shall indicate the location of the farm products but not the price of any product and shall not be larger than 150 square feet, 123 U.S.C.A. 1131. - - § 5405.6. Outdoor advertising displays exceeding 10 feet in length or width on land or right -0f -way owned by Los Angeles County Metropolitan Transportation Authority Notwithstanding any other provision of law, no outdoor advertising display that exceeds 10 feet in either length or width, shall be built on any land or right-of-way, owned by the Los Angeles County Metropolitan Transportation Authority, including any orita rights-of-way, unless the authority complies with any applicable provisions of this chapter, the federal Highway Beautification Act of 1965 (23 U.S.C,A, Sec. 131), and any local regulatory agency's rules or policies concerning outdoor advertising displays: The authority shall not disregard or preempt any law, ordinance, or regulation of any city, county, or other local agency involving any outdoor advertising display. §5406. Exemption of segments of highways within Incorporated municipalities The provisions of Sections 5226 and 5405 shall not apply to bonus segments �i � 7/1012014 SB BUB Senate Bill - BBI Mallele BILL .AMALTSTv ISENATE RULES CCNMITTEE I 99 9191 Office of Senate Floor Analyaea 11020 N Street, Suit, 514 I I 11916) 405-6614 Faxi 1916) I 1 1327-4610 I I UNFINISHED BUSINESS Bill No: SB 919 Author: POI. Oro (DI Amended: 7/2/01 Vete, 21 �mr Na TON COMniTTP.R 12-11 4/11/01 AYES: Murray, McClintock, Brulte, Costa, Dunn, Figueroa, Monteith, Perara, Romero, Soto, Sprier, To[lekaon NOES, Mu[lu. SENATE APPROPRIATIONS COMMITTEL 1 Senate Rule ]0.6 qP.HhTE FL000. 21-7, 5/31/01 ,,ES, Alarcon, Bettie@, .,NlLa, Cheabro, Costa, Dunn, Escutla, Figueroa, Nuehl, Machado, McClintock, McPhOcson, Mu[ie y, O'Connell, Oiler, Orris, Pe@cer worst., Ioianco, Foochlgisn, Romaro, Scott, Sher, Bots, Toriaksan, Veaconcallos, VIC...t NOES, Ackerman, Bowan, Reyes, Knight, Merge[t, Montelth, Morrow A• SL iv�n 56-11, 9/1]/01 - See last page for vote -Zlihhiam outdoor advertising eieplaysl metropolitan Tranapartation Authority of Lee Angel.. County SOURCE_ , Author DIaERT This bill ra"ired the Les Angeles NetTOPolltan Transportation Authority (MAI to comply with the Outdoor CONTINUED [n 919 Fags 2 AtivortLaing net, the federal Highway Beautification ACtr and the rules and regulation. Of local governments concerning the construction of billboard. on MIA land or rtgt b-ef-wey. .•r. mblv Amendments recast the bill with the arms intent 6e 1t let, the senate. ANALYSIS The aeata Outdoor Advertiaing But regulate@ tee placemen[ of advertising displays adjacent to and within specified ddsLanees of highways that are pact of the na clOval ay ... m of interstate and defense highways and federal -aid highways. The act also prohibits any advertising display from being placed or maintained on property adj...., to a .action of A frourey .Met hoe been landosapad if the advertt.in, display is designed to be viewed primarily by pen Dna traveling on the maln-traveled way of the len daceped freeway. Eal.ting new provide. for limited ,xemptione to the rohibition on advertising along national and landscaped ire way., ineluding exemptions for signs advertising the property', ..Is or lease, sign. designating the prH.1-.. or It. owner end sign. edo.rt"ing good, or service. manufactured or produced on the property Staelf, Other pEovielons of the Outdoor Advertising Act provide that an edoectising etnctur...nor. be placed along the ht¢:/Am ,log Wa.ca,goVpuWo1-02/billl$eNsh 0901-09501sb 91B�.cf�-20010920 113758 sen n=.hbN 113 ?1102014 SB 918 Senate BIII - BIII Maids regvloted treways in violaticn of a local otdlnanoa reguladn0 billboard% and sign., that Cities and nunti.e Way enact such oadln.noms, that local agencies Pan control billboard. in chs view of any roadway, that no-billbmard ..... can be treated I..ally, that adearti-Log structures vlel.ting ..ch pnvl.tona ..n be declared nuisanus and abated Inmavedl, end ao forth. Under the California "Vinamental quality Act IcHHAI, told p-naUe on a Project on regwJred to pampas. snvinamentRI Jewett apart. It the project may cause • •lgnlficeat affect on the onoinnwnt, including affect. on •uthetlea, compatibility, hydrology, biology, public ae+vlc o, at.. This bill, notwithstanding any other provision of low, pnAlblca any outdoor advertising display that ewceada 10 all 91: Page 1 feat in either Length or width, being built upon land or rights-ol-w.y Owned by the we A" -les watropolle" Transportation Authority unless the display canmlin with the Outdoor Advert1sLu9 Act, the federal Hlgbway be.utlficntion Act, and Certain local provlaions. This bill also prohibit. the authority from disregarding Ot puuptlnq say law, ordihance, or regulation of any otry, County, Or other 1x41 agesty LnVelvlp any outdoor adv.ttiaing display. eeaheroond, In November L99s, the NTA entered Into .n agneaent with STI outdoor hdverti.tng Cepany to 1-184 alto On MA property and tights-of-weY tar at lust !e, and pathsps as many 10 N, billboard. in -rchenla for noutary compensation and the furnishing and .-rating of 19 automated public relief SY-nVV at NSA 2sc11Lt1ee/4tetlon sits. ' v nere ; Appropriniani He Fiscal CM'; no Loral;Yes SUPPORT ; tvatlfted 9/13/011 title. of Clans%.[, Loa Angela. end Vernon Ind"Gaganc title. Aaaoulatien Regency Outdoor Adwrtl.l.g (RTII bmPonTTION , (VR pled 5/11/011 Frl.nttfle Technology Int.rmatlon.L Outdoor (BTI) Lae Angale• IMttopolitan Transit Authority weNn IN SUPPORT ; Th. ..that contends thea MA billboArds violate 0...... Munldpal Tend ownty billboard eanttal Ordinances, and that th Le bill would prohibit the MIA free pneePting local goverrearnt oontnl rewarding such displays. TM author indicates that the MTA has concluded its joint powers stat., allow. it to preempt local billboard central provlslou. Hauvar, is August 20", the MA board adopted . I...1 -tion •ltlrming a policy to abide by tool prcvlalona, The author Indicate. that this bill codifies the adopted policy of the MtA. Tho MTA baa taken -ALAU page a neutral position on this bill. vmpi s IN OPPOpiTIOw The bill le eImpored by BTI, which argues that the bill would preclude the NTA Cc= controlling the PI ..... 41 of nme .,ad... edveati sing On its property and would moo* a as ally 11.Lt the nwonu. " lbilitio. for MTA from outdoor advertising. it would .ppea., however, that chi. would only be Ne mac. 1l the Mn bean, Abeant she bill, .are to Ubaputn,l, change In htlpJARVAk1oginfm=go,4Wih101-=IliserAt Ml-09MBb 010 ale 2Wlo926_119768 sen floor.hgN �� I 2/10=14 - 8B9195mab 8111•&Il Andysla current policy to abide by local billboard controls, 371 slao indicate. that a recent lr.aulc brought by Reganoy outdoor Advertising to bloat the contract was dlsRluad by the reurta: A.aRMLY FLOOR AVS1, Aanotad, mquist, Aroner, "h ntrn, Batu, 9111 clrybell, Carlon.., Cardura, Cadlllor Chan, Chevu, Catlin, Cohn, Corn., Co., Daccheq Use, Dutra, rinbeugh, Rena, Prowar, Asset, Hulce, Parton, Basisy, R.hoe, Karats, Learh,-Leans", "slid, Liu, Longvilla, Maddo., Matthews , Mlgd.n, Mountjoy, ""A., (trapeze, Robert Pechaco,. Palen, PBVLey, R101106n, Runner, $.line., Shelley, SYanherq, Strickland, Strc.-Wrein, 1h."90, Veto., "syn., Reason, Piggin, Prlght, Wyman, Bartaharg Naos, Bogh, Briggs, Chu, Dlakersou, Ueldbarg, Boiling .... th, is Ed.r, Maldonado, Rod Perot", P .... tti, Bartel WO,jt 1/26/01 Seutt ricor Analysed 6Dppo"/GPP(t3ISIOR, SEE AaDVa .... BMD n.. hep:IMt,loginfo.ce.go4pub/01-02kl(]ISWVeb_0901-0950tsb_919cfe 20010928_113768 een_ i=,hM 313 � �5 16MQ t ,AcI Wg PLUMBING & BRAIN SERVICE EXPERIENCE THE DIFFERENCE February 6, 2013 Honorable Mayor Laurene Weste & Councilmembers City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 Dear Mayor Weste and Councilmembers, As a long-time resident and second -generation business owner in Santa Clarita, I am writing to ask you to rej mt the proposal approved by the Planning Commission to remove 118 billboards along the Metro right-of-way. Billboards are one of the reasons my family has been able to grow and expand our business. This proposal will hurt local business, send potential City income out of town and expose the City to expensive lawsuits. Outdoor advertising is an affordable, effective way to market small businesses, which is one of the reasons you see so many Kurt Bohmer Plumbing billboards. Enacting this proposal. will most likely result in loss of income to my family business, the three billboard companies with assets in Santa Clarita, and stands to devastate a local company, Edwards Outdoor who is facing the loss of more than one-half of its inventory. Dozens of local nonprofit organizations have also benefited from the generosity of the outdoor advertising industry, which provides space to promote events or causes, This much-needed resource would also disappear with the proposed removal. There are much better ways to approach this issue than the proposal on the table. This deal is NOT the best deal for local business, our City or its residents. Please consider this proposal's negative impact on business and reject the proposal outright. Sin rely, Kurt Bohmer President, Kurt Bohmer PIumbing Ce: Santa Clarita Valley Chamber of Commerce Santa Clarita Valley Economic Development Corporation Valley Industrial Association 16743 Siena Highway (661)251-5915 Canyon Country, CA 91351 (661) 266-9520 2/6/14 NAS te'A Honorable Mayor Laurene Weste & Councilmembers City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 Dear Councilmembers, I am writing in opposition to Metro's billboard proposal that will hurt advertisers, local business, non -profits and send City revenue out of town Our business location is not especially visible from the main route (Soledad). We feel that the billboard directing traffic towards our shop has been valuable and has paid for itself with income from walk-in business. I am concerned that our potential customers will be working •with our competitors who have more prominent locations should our billboard be removed. I am also concerned and saddened for the owners of these billboards. Theirs is a small, family business just like ours, It hardly seems in anyone's best interest to ruin the business they have built without compensation. Protection against government confiscation of property is a founding principle of our republic. The Founding Fathers, concerned about the King's ability to seize property in colonial America, included protection of private property rights in the Fifth Amendment to the Constitution nor shall private property be taken for public use, without just compensation."). This deal is NOT the best deal for local business, the City or its residents. Please consider this. proposal's negative impacts on your community and reject it outright. Sincerely Christy Cra or Valencia Sh r Doors Cc: Santa Clarita Valley Chamber of Commerce Santa Clarita Valley Economic Development Corporation Valley Industrial Association a40 VIRGINIA HUGHSON-OTTE, D.D.S., INC. COSMETIC, OEN2T45TRY FAMILY DENTISTRY February 4, 2014 Honorable Mayor Laurene Weste Mayor Pro -tem Marsha McLean Councilmembers T1mBen Boydston, Frank Ferry, Bob Kellar City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 Dear Mayor Weste and Councilmembers, 1 am writing in opposition to Metro's billboard proposal that will remove 118 billboards along its right-of-way without compensation to local advertisers or the billboard owners. This proposal will hurt advertisers, local business, non -profits and will send City revenue out of town. We have found that billboards are an affordable, effective way to market our dental practice locally to new and returning patients. The Metro's plan to use electronic signs located on the Interstate 5 and 14 freeways would not be effective advertising to our local community not to mentioh the dangerous distraction to drivers that already occurs with the existing electronic billboards located near the College of the Canyons campus on Interstate 5 as well as the one located near Hart Park in Newhall This proposarwas not created with good -faith negotiation; in fact, neither the owners of the billboards or the adjacent property owners were approached to discuss the details. As presented, Metro will remove the billboards and supporting structures with no compensation to the owners. This deal is NOT the best deal for local business, the City or its residents. Please consider this proposal's negative impacts and reject it outright. Sincere] Craig ty - Business Manager Virginia Hughson-Otte, D.D.S. Inc Cc: Santa Clarita Valley Chamber of Commerce Santa Clarita Valley Economic Development Corporation Valley Industrial Association Gateway Dental Suites (661) 288-1555 27450 Tourney Road, Suite 220, Valencia, California 91355 www.drgin.com Julie Skinner ' i From: Sharon <sharon14190gmail.com> Sent: Wednesday, February 05,.2014 8:47 FM To: Bob Kellar Subject: Fwd: Electronic Signs in SCV RESENT ---------- Forwarded message --------- From: Sharon <sharon1419(a)gmail.com> Date: Fri, Jan 24, 2014 at 8:26 PM Subject: Fwd: Electronic Signs in SCV To: bkellart&lsanta-clarita.com Dear Councilmember Bob Kellar, I moved to the Santa Clarita Valley last summer and reside in Canyon Country. One of the main reasons I moved here is because of the beautiful surrounding open spaces and the feeling of being close to nature, I especially appreciate the cross-town trail system. Santa Clarita is a beautiful, clean city too! All of the people I have met also moved here for those very same reasons. I was just informed by other concerned citizens that the City Council is planning to accept a proposal by Metro to install three very large ELECTRONIC SIGNS, two near the 14 Fwy and one near the S Fwy. Not only will this be an ugly eyesore and disturb the beautiful vista views that are so unique and important to our city, they will be a danverous distraction to drivers too I I I These signs go against the well being of the community and will only encourage more of the same throughout the city in the coming years. Quoted from the Philosophy statement on the Santa Clarita City website: We value a futuristic approach We want decisions that will endure the test of time. We want a City that future generations will love. The residents of Santa Clarlta will not love those signs now and not In the future. Thanking you in advance for protecting the best Interests of the people and the area Sharon Fried 18820 Mandan Street #414 Canyon Country, CA 81351 818-274-9349 d �� Julie Skinner From: Sharon <sharon1419®gmall.com> Sent: Wednesday, February 05, 2014 8:47 PM To: Bob Kellar Subject: fwd: Electronic Signs In SCV RESENT ---------- Forwarded message ---------- From: Sharon <sharonl419(allrmail.com> Date: Fri, Jan 24, 2014 at 8:26 PM Subject: Fwd: Electronic Signs in SCV To: bkellar(csanta-clarita.com Dear Councilmember Bob Kellar, I moved to the Santa Clarita Valley last summer and reside in Canyon Country. One of the main reasons I moved here is because of the beautiful surrounding open spaces and the feeling of being close to nature. I especially appreciate the cross-town trail system. Santa Clarita is a beautiful, clean city too! All of the people I have met also moved here for those very same reasons. I was just informed by other concerned citizens that the City Council is planning to accept a proposal by Metro to install three very large ELECTRONIC SIGNS, two near the 14 Fwy and one near the 5 Fwy. Not only will this be an ugly eyesore and disturb the beautiful vista views that are so unique and irnuortant to our city, theX will be a dangerous distraction to drivers toots These signs go against the well being of the community and will only encourage more of the same throughout the city in the coming years. Quoted from the Philosophy statement on the Santa Clarita City website: We value a futuristic approach We want decisions that will endure the test of time. We want a City that future generations will love. The residents of Santa Cladta will not love those signs now and not In the future. Thanking you In advance for protecting the best Interests of the people and the area, Sharon Fried 18820 Menden Street #414 Canyon Country, CA 81351 818-274-9349 e�l D February 4, 2014 Santa Clarita Billboard Proposal To whom It may concern, I am writing In opposition to this proposal. In today's world there are very few sources of outside advertisement available to small business, schools, and pori -profits. Fifteen years ago you took away business signs. You, the government, put yourself in charge of what size, color, location and script was on a sign. YOU have decided how defined a sign in Santa Clarita. Now you're taking away 62 signs and replacing them with 3 digital sign and yes once again you define, control, and censor the content. All of you on the City Council are supposed Republican. Let me remind you of the current definition: Democrats believe that the government should control everything we do because they know what's best for YOU. Republicans believe in shrinking government and that you can make yourown decisions because you know what best for you. This City Council has made horrible decisions. Don't make another one. Mike Redmond, you know the rest. January 27, 2014 Honorable Mayor Laurene Weste Mayor Pro -tem Marsha McLean Councilmembers TimBen Boydston, Frank Ferry, Bob Kellar City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 Dear Mayor Weste and Councilmembers, I am writing to ask you to reject the proposal approved by the Planning Commission regarding the removal of 118 billboards along the Metro right-of-way. This proposal will hurt local business, send potential City income out of town and expose the City to expensive lawsuits. This proposal was not created with good -faith negotiation; in fact, neither the owners of the billboards or the adjacent property owners were approached to discuss the details. As presented, Metro and its contractor, the Canadian -based company Allvision, will remove the billboards and supporting structures with no compensation to the owners, which is a taking of private property and unconstitutional. Billboards are an affordable, high -exposure way for our agents to promote themselves and our business and we cannot afford to lose this valuable resource. Enacting this proposal will result in loss of income for the three billboard companies with assets in Santa Clarita, and stands to devastate a local company, Edwards Outdoor who is facing the loss of over one-half of its inventory. Our company also supports many local nonprofit organizations that also benefit from the generosity of the outdoor advertising industry, providing space to promote events. This much-needed resource would also disappear with the proposed removal. There are much better ways to approach this issue than the proposal on the table. This deal is NOT the best deal for local business, our City or its residents. As a business owner with a significant investment in this community, I am asking you to please consider this proposal's negative impacton business and reject the proposal outright. Sincere JSer Keller Williams VIP Properties Cc: Santa Clarita Valley Chamber of Commerce Santa Clarita Valley Economic Development Corporation Valley Industrial Association Hamlin ♦ Cody 310.216.2165./ 310.215.3815 (fax) / www.hamlinlaw.com January 7, 2014 The Honorable Chairperson Charles Hefferman & Honorable Planning Commission Members The City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 Via Email and Hand Delivery Re: Planning Commission Agenda for January 7, 2014 Item 2 — Master Case Number 13-184 Hon. Commissioners Richard F. Hamlin Marnie Christine Cody The California State Outdoor Advertising Association asked us to comment on Agenda Item No. 2, which is a proposal to allow a zone change, zone amendment and general plan amendment, and to sign a development agreement. This proposal would violate the Cal fornia Public Contract Code, expose the city and the MTA to inverse condemnation liability, is rife with conflict of interest, and is a bad deal for the City and the MTA. We urge the Planning Commission to continue this hearing for thirty days to discuss alternatives with members of the association. Public Contract Code: Ultimately, this project provides for erecting three digital billboards for the benefit of the City of Santa Clarita and the Metropolitan Transit Authority. This fits the definition of a "public project" that is contained within California Public Contract Code, §20161. In Boydston v. Napa Sanitation Dist. (1990) 222 C.A.3d 1362, at 1366-1367, the court held that a land lease fit the definition of a public work contract. There, the primary purpose was to dispose of sludge and reclaimed water. It did so by leasing land to a tenant that would use the waste materials as fertilizer. Here, the City's primary purpose is to reduce the number of outdoor advertising displays and to replace them with three digital signs that will produce revenue to the City, and give the City a means of providing promotional messages, Metro transit messages and emergency messages (Staff Report PP. 8-9). In addition, the MTA and the City would reimburse its "billboard consultant" for their respective shares of the revenue from the outdoor advertising displays (Staff Report, P. 9). The a�►3 Santa Clarita Planning Commission January 7, 2014 Page 2 of 4 displays will be built on City land that is leased to the MTA (Staff Report P. 86 for a sample lease). This project is every bit as much of a public work as the lease in Boydston. When the expenditure for a public project exceeds $5,000, it shall be contracted for and let to the lowest responsible bidder after notice, California Public Contracts Code, §20162. It will cost substantially more than $5,000 to remove outdoor advertising displays, and to build three new digital billboards. No Exemption: Association members have heard claims that this project is exempt from bidding because All Vision is a consultant, relying on California Government Code, §4526 (professional services relating to construction) or §53060 (special services in financial and economic matters). Neither provision applies. , We attach a report to the MTA Executive Management Committee dated May 16, 2013. The MTA hired All Vision, to provide management services for outdoor advertising displays (Issue, 11). Whether or not the MTA/All Vision contract was exempt from bidding under one of the Government Code provisions, this project is not. Neither All Vision nor the MTA is offering construction management or special financial services. Instead, the City proposes to lease its land to the MTA for the construction of billboards (lease at Staff Report P. 86). Inverse Condemnation Liability: Please consider Kong Y. City of Hawaiian Gardens (2002) 108 Cal.App.4`h 1028. A tenant remained in possession of his donut shop for several years after the city took the property as part of a redevelopment project. The tenant's lease required that he move on six months' notice. When he was finally evicted, the tenant sued the city for inverse condemnation. The court of appeal said he alleged sufficient facts to establish a taking, and held the city liable for inverse condemnation. Some years ago, the MTA eliminated the median on Santa Monica Boulevard in West Los Angeles. To do so, it terminated month-to-month licenses for a dozen single -faced outdoor advertising displays. We represented a client that removed its displays and then filed suit for inverse condemnation. Initially, the MTA told the judge that our client had no case. The judge denied the MTA's motion to dismiss the case. If 1 recall correctly, the MTA offered first an extra six months of rent-free tenancy, then $500,000, then $3,500,000 to settle. Our client made a statutory offer to settle at $8,000,000. Its expert appraised the twelve faces at $9,000,000, or $750,000 a face. I will tell you about the actual settlement in a later section. The point here is that lawfully erected billboards cannot be compelled to be removed without paying compensation, California Business and Professions Code, §5412. Amortization is not compensation. Imagine a government agency taking your home, and telling you that in lieu of getting paid for it, you may continue to use it for another five years. 7131 W, Manchester Avenue, Suite 200, Los Angeles, California 90045 a1y Santa Clarita Planning Commission January 7, 2014 Page,3 of 4 I cannot tell you the value of the 118 faces that the MTA and All Vision intend to remove. If they are as valuable as the faces removed along the Santa Monica Boulevard median, the damages would total $88,500,000. The Caltrans schedule is not available when signs Cannot be relocated, which would be the case here. Conflict of Interest Laws: I am not sure if there is a specific statute that would apply here, but the codes make it clear that conflicts of interest should be avoided. Here are several examples: California Government Code, §87100: no public official may use his or her official position to influence a government decision in which he has an interest; California Government Code, §1090: city officers and employees shall not be financially interested in any contract made by them in their official capacities; California Business and Professions Code, §7187: no asbestos consultant shall have any financial interest in an asbestos abatement contractor hired for the same job. (What is wrong for an asbestos consultant is wrong for any consultant.) Here, All Vision needed to be MTA's consultant to avoid the need for public bidding on its contract. All Vision will profit financially from this project if it is approved: The MTA will also profit from it, all at the expense of the City of Santa Clarita and our Association's members. This is a conflict of interest. Bad Deal for the City: Here is where I tell you about the settlement with the MTA. Our client leased property from the MTA and built two digital faces, with each face backed by a static face. Our client pays $200,000 a year, and contributed $1,000,000 to the purchase of land for a park. The MTA says its revenue from ground leases has declined to $1,200,000 (Report to Executive Committee, P. 2, Discussion). Our client is paying 1/6 of MTA's lease revenue for just two structures containing a total of two digital and two static faces. Six deals like that with members of the Association would double the MTA's revenue from leases — and it would not have to pay for a consultant. As the California Supreme Court said in Associated Builders and Contractors, Inc. v. San Francisco Airports Com. (1999) 21 Cal.4`h 352, 87 Cal.Rptr. 654, 667, "Indeed, as mentioned, the competitive bidding laws are " 'enacted for the benefit of property holders and taxpayers, and not for the benefit or enrichment of bidders, and should be so construed and administered as to accomplish such purpose fairly and reasonably with sole reference to the public interest.' " No Guaranteed Revenue: Please look at Exhibit F to the Sample Lease (Staff Report 118 — 120). One of the many expenses that must be paid before the City sees a dime is the 7131 W. Manchester Avenue, Suite 200, Los Angeles, California 90045 Santa Clarita Planning Commission January 7, 2014 Page 4 of 4 compensation paid to remove existing signs, The lease says those may not exceed the Caltrans payment. schedule without the City's approval. I can tell you from experience that the Caltrans schedule is not a reliable indicator of value if a display cannot be relocated, In 1997 and 1998, juries awarded my clients $496,333 per face and then $714,000 per face for signs that could not be removed. In our case with the MTA, we were looking at values of $750,000 per face, or more. In addition, the operator will remove sign manager fees, entitlement expenses, operational expenses and capital expenses before paying any rent to the city. I have not had time to read the entire staff report, but I saw no estimates of what those expenses might be. Although MTA's consultant had guaranteed in 2010 to pay the MTA $100,000 a year beginning then, by May 2013, that was changed to $500,000 in a lump sum by 2015 — and then only if the "incremental revenue' (generated by removing other companies displays) did not total $500,000`2?fJ§20 G� "'"Ei�tl�> without gj contingencies and on time, for space used for two structures, with two digital and two static faces. Conclusion: For good reason, statutes require public bidding for works of this size. Bidding assures the public that it will receive the best deal available. It avoids the conflict of interest that arises when a consultant becomes the sole -source supplier of a contract that the consultant recommended. A voluntary agreement with the owners of the various displays will avoid the risk of liability for inverse condemnation damages. A voluntary agreement, made through competitive bidding and without having to pay the MTA's consultant, leaves more money for the city, without deduction for all the items that this project. would require. If this were a good deal for the City today, it would be a good deal a month from now. It's a bad deal for the city. The members of our association are willing to negotiate with the City to address its concerns for revenue, reduction in signs, and room for public service announcements. We urge the Commission to continue this hearing for a month to give them a chance to do so. . Very truly yours, Richard F. Hamlin RFHlr CC: California State Outdoor Advertising Association Santa Clarita: City Manager, Planning Manager, City Attorney & City Council 7131 W. Manchester Avenue, Suite 200, Los Angeles, California 90045 r Metro Los Angeles County Metropolitan Transportation Authority I x One Gateway plaza 213.922.2000 Tel Los Angeles, CA 90012-2952 metro.net EXECUTIVE MANAGEMENT COMMITTEE MAY 16, 2013 SUBJECT: BILLBOARD MANAGEMENT SERVICES ACTION: AUTHORITY TO AMEND EXISTING REVENUE AGREEMENT AND NEGOTIATE TERMS OF DEVELOPMENT AGREEMENTS RECOMMENDATION A. Authorize the Chief Executive Officer to amend the existing revenue contract with Allvision LLC to: (� 1 Ameritl;t�':��thlt�'� 2. Provide an option to extend the existing contract term for an additional five year term effective July 1, 2015 through June 30; 2020, with minimum guaranteed annual revenue of $100,000. B'. Authorize the Chief Executive Officer to negotiate the terms of Development Agreements with local municipalities for the installation of outdoor advertising signs subject to Board approval of each agreement. ISSUE additional costs to the MTA. Over the past two years, Allvision has completed a comprehensive review of existing billboards on MTA property and has developed a Strategic Plan for Billboard Advertising ("Strategic Plan") on MTA property. Implementation of the Strategic Plan, including amendments to the Allvision contract and authorization to negotiate Development Agreements will require Board approval to proceed. a91 DISCUSSION Currently there are 403 outdoor advertising billboards ("Billboards") In place on MTA property and right-of-way in the County of Los Angeles. The Billboards are in place under various ground leases that were assigned to MTA when the railroad rights of way were purchased by MTA in the 1990's T�il'e Ili�riffPjGy]@ tnrionstit In order to maximize billboard revenue in future years, the Board authorized a revenue service contract between MTA and Allvision. Allvision has completed an in-depth analysis of all MTA owned property for its potential for generating additional revenue from billboard assets. As part of this review and analysis, Allvision (1) reviewed each existing billboard site; (2) investigated local and state ordinances related to billboards; (3) submitted permit applications to Caltrans for review and approval; (4) conducted meetings with local municipalities and MTA staff; (5) prepared and submitted to MTA staff for approval a Strategic Plan for Billboard Advertising on MTA Property. The Strategic Plan offers MTA the opportunity to permit state of the art digital billboards on its property that will provide the potential for significant increases in long-term revenue. All potential development sites have been evaluated based on municipal interest; reviewed for conformance with federal and state laws; evaluated for community and public affairs impact; valued for highest and best outdoor advertising revenue opportunity to MTA, and selected for consideration after an initial entitlement assessment and input from the MTA real estate, planning, operations and engineering departments Proposed locations have been organized into projects by local jurisdiction. Allvision and MTA staff will continue to work with each local jurisdiction that has an MTA project opportunity to obtain the necessary entitlements. Meeting with Local Municipalities Allvision staff and MTA staff are in active discussions with the City of Downey, the City of Santa Clarita, and the City of Irwindale regarding proposed digital billboard programs. These municipalities are very interested in participating in this program as it provides them the opportunity to eliminate blighted conditions, where applicable, caused by the existing numerous, low quality, static billboards located in their jurisdiction and also provides the opportunity to generate additional revenue. Allvision and METRO are continuing to meet with additional municipalities to determine if they are interested in . opting into this program. In addition, the placement of digital billboards allows the communities, as well as MTA, to provide real-time public service information, such as amber alerts, traffic information and other public announcements as part of the signage program. Each municipality also is presented with the opportunity to place signage only in locations that meet their individual safety and aesthetic criteria. Billboard Maaagemcnt Services Page 2 :3 1 r 1 Development Aoreement Allvision is contracted to work with MTA staff to obtain approvals from local municipalities, on an opt -in basis, to construct and operate digital billboards on MTA property. As part of these projects, certain static billboards, if any, on MTA properties within each jurisdiction will be removed and municipalities will receive a share of revenue generated from the newly developed digital billboards. These entitlements are granted in the form of a Development Agreement between the municipality and MTA. A summary of the proposed terms of the Development Agreement is included in Attachment "B". In order to obtain approval of the entitlements from the local municipalities it is neces§ary that certain direct third party costs be incurred, including legal expenses, the cost of the CEQA document, survey and engineering costs and permit fees. Pursuant to the contract, Allvision has been paying the direct third party expenses and will recover these expenses, subject to MTA review and approval, from the incremental income above the annual base amount that MTA receives in each municipality from the billboard leases (incremental revenues). A number of the locations Identified by Allvision have transportation projects in various stages of the planning and/or development process. In order to avoid conflict with existing or planned transit projects, we propose to obtain entitlements from the local municipalities during the interim time period for later use, thus enabling MTA to move forward with new digital billboards on MTA property after the completion of any potentially conflicting transportation projects. Contract Amendment The existing contract with Allvision will expire on June 30, 2015. The original contract was anticipated to cover the pre -development phase of the work to be performed by Allvision. It is now appropriate to move into the development and implementation phase of the project, and to amend the contract to cover the additional work, payments and term. A summary of the new contract provisions is included in Attachment "A". Billboard Management Servitta Page 3 and 4 1. 1W DETERMINATION OF SAFETY IMPACT This Project will enhance rail safety, alleviate a major safety concern, and further MTA's primary transportation -related purposes. Static paper and/or vinyl billboards have created safety problems during the high wind season as large numbers of these signs have been blown off the billboards and fallen onto the adjacent railroad tracks. In addition, manual copy installation, which involves maintenance personnel on or near railroad tracks, creates potential safety issues regarding existing static signage. FINANCIAL IMPACT This is a revenue contract and will generate a minimum of $1,000,000 in new general fund revenue over the term of the contract ($500,000 in 2015 plus $100,000 annually for five years). Further increases are predicted to begin in FY14 when devel6pments of the new billboard structures are anticipated. These revenues are expected to range from $2 million to $12 million or higher (dependent up municipalities' participation) annually over the fife of the contract, however, only the'minimum payment is guaranteed. ALTERNATIVES CONSIDERED The alternative is to continue the current practice of managing existing billboard leases directly with billboard companies. This is not recommended because the agreement with Allvision involves no out-of-pocket cost and will produce a minimum of $1,000,000 in additional revenues over the initial term of the contract and significantly greater sums starting in 2014 and extending throughout the life of the negotiated entitlements (30-50 years). Most of the existing leases were negotiated more than 20 years ago by the railroad companies that previously owned the right of way. Allvision's staff has extensive experience in billboard management, operations, sales, and representing the interest of property owners making it prudent to continue to explore this program. Furthermore, Allvision has demonstrated a strong commitment to the billboard program by investing substantial time and resources toward moving the program forward. NEXT STEPS Allvision and MTA Staff will finalize the terms of Development Agreements with those local municipalities that are prepared to move forward and return to the Board for final approval. ATTACHMENTS A. Summary of Contract Amendment Key Terms B. Summary of Development Agreement Key Terms Prepared by: Velma C. Marshall, Deputy Executive. Officer, Real Estate (213)922-2415 Billboard Mana4ement Scrvicca Page 4 9*2 S Chief, ty Management and Development dat ,A Arthur T. Leahy —° Chief Executive Officer Billboard Management Services Page 5 p0f.%CnanR. r ys� 3 � �nekexaeaefean i' Y IR i -a ATTACHMENT A SUMMARY OF CONTRACT AMENDMENT KEY TERMS Provisions Existing Contract Amendment Guaranteed Payment Revenue Minimum from p„� O,=, $500,000 payable by All Vision years ($500,000 total) June 30, 2015 for the period July 1, 2010 through June 30, 2015 and $100,000 per year (after June 30, 2015) for five years ($1 OOD 000 total) (Iflydn�`'' e�raedin Amount Exceeding Base Annual Payment Revenue 80% payable to MTA 70% payable to MTA up to $4,400,000 Annual Payment Revenue over $4,400,000 75% payable to MTA 70% payable to MTA Length of Term of Revenue Sharing with Allvision 50 Years 30 Years Contract Term 5 Years (including options) 5 Years plus an option to extend Contract for one (1) additional 5 -year period Billboard Management Services Page 6 rl. ATTACHMENT B SUMMARY OF DEVELOPMENT AGREEMENT KEY TERMS Project The Project is the development, installation, management and operation of the digital display billboards and the removal of static billboards, if any, on MTA roe within the municipality's jurisdiction. Conditions for Approval Those conditions are to be approved by the City Planning Commission and by the City Council, at a public hearing to be held on the Project, for addressing among other things, the permitting approval process of all designs and plans and all necessary ministerial permits and approvals, and the construction, design, operation, and maintenance of, and control of illumination of the digital display sign androe . Development Fee tyt P 1 h �$9` a' �d t � .. s $��" I �; •� � o�t�- iii `n f riyr Development Fee may include minimum fee amounts payable, depending on the municipality. Community Benefit Cities shall receive the ability to promote community events/!nitiatives and display emergency messaging Terms of Agreement The Term of fhe Development Agreement will range from 20 ears — 50 ears, varying by municipality. Billboard Management Services Page 7 RION 1215 K Street, Suite 1500 Sacramento, CA 95814 (916) 446-7843 Fax (916)442-5961 www.CSOAA.com January 7, 2014 The Honorable Chairperson Charles Heffernan Sent Via Email & the Planning Commission The City of Santa Clarita 23920 Valencia Blvd Santa Clarita, CA 91355 Re: The 1-7.14 Planning Commission Meeting Agenda Item 2. Dear Chairperson Heffernan, The California State Outdoor Advertising Association represents over 9090 of all billboard companies in California. Our members have consummated numerous attractive agreements with various governmental agencies within the State, Some of these deals have involved revenue, sign removals, building park signs or adding landscaping and numerous other benefits which include public service announcements. While our members have deep concerns about the legal process that resulted in Agenda Item 2, which our legal counsel is addressing within another letter, we would like to correct something that appears in the Staff Report and that our members found inaccurate. The Report states that the City has been working with METRO and the major billboard operators over the past several years concerning potential opportunities for billboard acquisitions and removals. Contrary to that statement, our members were not given the opportunity to discuss their potential projects with the city and believe that the city should explore all potential proposals in a fair and ethical process. AlIvision and METRO are proposing to remove all 118 signs along the METRO right of way — NONE of which they own... raising the issues of fairness, ethics and legal concerns. While we all want to help and love our neighbors, nobody would want to have to give their home or car to their neighbor in order for their neighbor to sell those assets only to benefit the neighbor. Our member companies have worked hard on building assets of value for over 100 years. All of our members are all willing to talk to the City and bring proposals that could accomplish the removal of the billboards that they own and believe it would be fair and ethical to be granted that opportunity. Furthermore, the City should entertain a process that would gamer them the best deal. Our members humbly request that the Planning Commission consider a motion to table Item 2 for 30 days so that the City can request new proposals from all interested parties. We believe this would provide the great City of Santa Clarita with a more valuable -package without the need for the City to share their revenue with "middlemen". Sincer y, Mark A. Kud er G30AA President cc. The Honorable Mayor and City Council The City Manager The City Attorney The Director of Planning CSOAA Members WN is SANTA CLARITA VALLEY ECONOMIC DEVELOPMENT CORPORATION January 6, 2014 Charles Heffernan, Chair City Santa Clarita Planning Commission 23920 Valencia Boulevard Santa Clarita CA 91355 RE: Proposed Billboard Removal Project Dear Chair Heffernan and Members of the Commission, O The City of Santa Clarita presented Information on the proposed Billboard Removal Project to the Executive Committee of the Santa Clarita Valley Economic Development Corporation on December 5, 2013. We understand that the project Is being pursued by the Los Angeles County Metropolitan Transportation Agency (MTA) under Its own authority, In our view, the City has negotiated an agreement with the MTA that benefits the Santa Clarita Valley with additional advertising opportunities and increased revenue to the City. We would urge the Planning Commission to move this proposal forward to the City Council at your meeting on January 7. Thank you for your action on this item. Sincerely, Holly Schroeder President/CEO 26455 Rockwell Canyon Road I University Center, Sulte 263 1 Santa Clarlta, CA 91355 (661) 288-44001 Fax (661) 288-44141 acvedourg -a Santa Clarita Valley 2g45iTountey Rd, S[e zbo Chamber of Commerce Santa Clarita CA 97355 January 3, 2014 Charles Hefferman, Chair City Santa Clarita Planning Commission 23920 Valencia Boulevard Santa Clarita CA 91355 RE: Proposed Billboard Removal Project Dear Chairman Hefferman and Members of the Commission, On December 17, 2013 The Santa Clarita Chamber of Commerce's Board of Directors had the opportunity to receive a presentation on the proposed Billboard Removal Project and study the materials which have been prepared on this matter. The Chamber's impression is that there are many significant benefits for removal of existing Billboards in the MTA right of way and the providing of additional revenue to the City, along with new advertising opportunities. We would urge the Planning Commission to move this proposal forward to the City Council at your meeting on January 7. The business communities, along with all of our residents, will continue to review and make the final project the most beneficial possible to the community. Thank you for your consideration of our point of view. Respectfully,//// JJ� n. Terri K. Crain President/CEO NATIVE AMERICAN HERITAGE COMMISSION 1550 Harbor Boulevard, Sults 100 West Sacramento, CA 95691 r16) 373-3715 ex(916)373-5471 Web Slte ww,, ah _ca.9Qv Ds_nehc pa® cbell.net e-mail: ds_nahc®pacbell.net December 30, 2013 Mr. David Koontz, AICP, Associate Planner CITY OF SANTA CLARITA 23920 Valencia Boulevard Santa Clarita, CA 91355-2196 RE: SCH#2013121003; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the "Metro Billboard Reduction Agreement MC#13-00184 Project;" located in the City of Santa Clarita; Los Angeles County, California Dear Mr. Koontz: The Native American Heritage Commission (NAHC) has reviewed the above -referenced environmental document. The California Environmental Quality Act (CEQA) states that any project which includes archeological resources, is a significant effect requiring the preparation of an El (CEQA guidelines 15064.5(b). To adequately comply with this provision and mitigate project -related impacts on archaeological resources, the Commission recommends the following actions be required: Contact the appropriate Information Center for a record search to determine :If a part or all of the area of project effect (APE) has been previously surveyed for cultural places(s), The NAHC recommends that known traditional cultural resources recorded on or adjacent to the APE be listed in the draft Environmental Impact Report (DEIR). If an additional archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. We suggest that this be coordinated with the NAHC, if possible. The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure pursuant to California Government Code Section 6254.10. A list of appropriate Native American Contacts for consultation concerning the project site has been provided and is attached to this letter to determine if the proposed active might impinge on any cultural resources. Lack of surface evidence of archeological resources does not preclude their subsurface existence. California Government Code Section 65040.12(e) defines "environmental justice' to provide "fair treatment of People... with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies" and Executive Order B-10-11 requires consultation with Native American tribes their elected officials and other representatives of tribal governments to provide meaningful input into the development of legislation, regulations, rules, and policies on matters that may affect tribal communities. Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, pursuant to California Environmental Quality Act (CEQA) §15064.5(f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground -disturbing activities. Also, California Public Resources Code Section 21083.2 require documentation and analysis of archaeological items that meet the standard in Section 15064.5 (a)(b)(f). Lead agencies should consider first, avoidance for sacred and/or historical sites, pursuant to CEQA Guidelines 15370(a). Then if the project goes ahead then, lead agencies include in their mitigation and monitoring plan provisions for the analysis and disposition of recovered artifacts, pursuant to California Public Resources Code Section 21083.2 in consultation with culturally affiliated Native Americans. Lead agencies should include provisions for discovery of Native American human remains in their mitigation plan. Health and Safety Code §7050.5, CEQA §15064.5(e), and Public Resources Code §5097.98 mandates the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. Sincerely, Dave Singleton Program Analyst CC: State Clearinghouse Attachment: Native American Contacts list Beverly Salazar Folkes 1931 Shadybrook Drive Thousand Oaks, CA 91362 folkes9@msn.com 805 492-7255 (805) 558-1154 - cell folkes9@msn.com Fernandeno Tataviam Band Larry Ortega, Chairperson 1019 - 2nd Street, Suite #1 San Fernando CA 91340 (818) 837-0794 Office (818) 837-0796 Fax Native Ame, an Contacts Los Angeles County California December 26, 2013 of San Fernando Band of Mission Indians John Valenzuela, Chairperson Chumash P.O. Box 221838 Fernandeno Tataviam Newhall I CA 91322 Tataviam Ferrnandeno tsen2u@hotmail.com Serrano (661) 753-9833 Office Vanyume (760) 885-0955 Cell Kitanemuk (760) 949-1604 Fax Mission Indians Randy Guzman - Folkes Fernandeno 4676 Walnut Avenue Chumash Tataviam Simi Valley , CA 93063 Fernandeno ndnRandy@yahoo.com Tataviam (805) 905-1675 - cell Shoshone Paiute (805) 520 -5915 -FAX Yaqui LA City/County Native American Indian Comm Ron Andrade, Director 3175 West 6th St, Rm. 403 Los Angeles , CA 90020 randrade@css.lacounty.gov (213)351-5324 (213) 386-3995 FAX Kitanemuk & Yowiumne Tejon Indians Delia Dominguez, Chairperson 115 Radio Street Yowlumne Bakersfield , CA 93305 Kitanemuk deedominguez@juno.com (626) 339-6785 This list Is current only as of the date of this document Distribution of this list does not relieve any poison of the statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. his list s only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#2013121003; CEOA Notice of Completion; dproposed Mitigated negative Declaration for the Case No. 13.00184, Zone Amendment; Metro Billboard Reduction Agreement MC#13-00184; located in the City of Santa Clarlta; Los Angeles County, California. STATE ORN 4—..L1== 7R NcoORTATION AM HOOSINO AGENCY EDMUND O BROWN, JR- Ca DEPARTMENT OF TRANSPORTATION DISTRICT 7, REGIONAL PLANNING 1GR/CEQA BRANCH 100 MAIN STREET, MS # 16 LOS ANGELES, CA 90012-3606 Flezyo pmrrl PHONE: (213) 897.9140 - Be energy ejAclmq FAX: (213) 897-1337 - December 23, 2013 Mr. David Koontz, AICP Community Development Department City of Santa Clarita 23920 Valencia Blvd, Ste 4302 Santa Clarita, CA, 91355 IGR/CEQA No. 131211JP 3 locations adjacent to SR -14 & Interstate 5 Vicinity/within City of Santa Clarita SCH #2013121003 Dear Mr. Koontz: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced project. The project proposes a development involving construction and development of 3 new digital billboards and the removal of 62 existing outdoor advertising structures all adjacent to State Route 14 and Interstate 5. Caltrans, as the State agency responsible for planning, operations and maintenance, of State highways has reviewed the following Initial Study/Mitigated Negative Declaration and offers the following comments: ° The project is on the State Route 14 Corridor and the Interstate 5 Corridor, please be reminded that any work . to be performed within the State Right-of-way will need an Encroachment Permit from the Caltrans. Any modifications to State facilities will need to meet all mandatory design standard and specifications. All three new billboard location sites must. abide by all Code of Federal Regulations as well as the Outdoor Advertising Act and Regulations application requirements. Each new digital display must meet message center spacing of 1000' not 500' as well as zoning code and height restrictions according to all Outdoor Advertising and Regulation application requirements provided in Section(s) 5443, 5443.5, 2420, 2422 and 5405 (d)(1)(b) and approval of an Outdoor Advertising Act Permit. Additionally, transportation of heavy construction equipment and/or materials, which requires the use of oversized -transport vehicles on State highways, will require a transportation permit. from the Caltrans. It is recommended that large size truck trips be limited to off-peak commute Periods. In addition, a truck/traffic construction management plan is needed for this project. If you have any questions, please feel free to contact Jonathan Palacio, Project Coordinator, at (213) 897-3747 and refer to IGR/CEQA No. 13121 UP. Sincerely, DIANNA WATSON IGR/CEQA Branch Chief "Caltrans improve mbiliry across Caljfarnia" q0 lfzvmliplck� BURKE. WILLIAMS & SORENSEN, LLP MEMORANDUM TO: Members of the City CC: Ken Striplin, City Manager Council Frank Oviedo, Assistant City Manager FROM: Joseph M. Montes, City Attorney Donald M. Davis, Special Counsel DATE: February 25, 2014 RE: Proposed Billboard Removal and Relocation Agreement with LACMTA This memorandum responds to the issues raised in February 7, 2014 letter from the California State Outdoor Advertising Association (CSOAA) regarding the proposed agreement with the Los Angeles County Metropolitan Transportation Authority or "Metro." 1. Process. Although CSOAA acknowledges the twin purposes of the agreement (reducing the number of billboards and generating revenue for the City), CSOAA contends that the agreement (or rather the billboard site leases) should be subject to a public bidding process presumably because such process may generate more revenue. This contention ignores the primary objective of the agreement, which is the reduction in the overall number of billboards in the City. Metro, as the underlying property owner, is in the best position to control and coordinate the removal of all of the billboards in its right-of-way (ROW) through the voluntary termination of the primarily month-to-month license agreements it has with multiple outdoor advertising companies. In addition to single property ownership, contracting directly with Metro also ensures that one entity is responsible for the payment of any compensation that may be due to the licensees. If the City were to have offered a relocation option to each outdoor advertising company operating in the Metro ROW, this would likely have created a demand for more new billboards in exchange for fewer billboard removals. With respect to Business and Professions Code section 5405.6, CSOAA is correct in that as long as such statute in on the books, any new signage in the Metro ROW governed by that statute would be subject to City regulation. However, the contractual prohibition on new billboards in the Metro ROW in the draft documents offers protection to the City in the event this law is repealed or amended. 2. Revenue. As evidenced by this portion of the letter, much of CSOAA's concerns appear to be directed at Metro's consultant Allvision. The contractual arrangement between Metro and Allvision was already in place when City discussions began with Metro so this arrangement was not a decision made by the City. As such, LA #4843-4385-9224 v1 Los Angeles - Inland Empire - Mann County - Oakland - Orange County - Palm Desert - Silicon Valley - Ventura County ��I LACMTA Agreement February 25, 2014 Page 2 the City either had the choice to work with Metro and Allvision or work against them. The latter scenario would have been the least productive model in terms of achieving billboard removals because a competitive bidding or Request For Proposal (RFP) process would only secure the removal of the billboards owned by the highest bidder. And while an individual bidder may be able to offer a larger percentage of advertising revenue, with respect to the billboards not controlled by such bidder, it is likely that a large share of any additional revenue received would be spent litigating the forced removal of third party billboards as well as any compensation claims made by Metro. It should be noted that under the proposed agreement with Metro, no determination has been made as to whether the new digital signs will be operated by Metro/Allvision, or whether they will sublease the sites to a third party. If Metro elects to sublease one or more of the sites, then CSOAA's membership will have the potential opportunity to participate in the project. 3. Potential Litigation. As noted above, litigation is more likely and likely to be more expensive if Metro is not participating in the program as the City would otherwise have to amortize all the billboards in the Metro ROW and then still face compensation claims from the non -participating outdoor advertising companies and potentially from Metro. If the City wishes to remove billboards, the most favorable arrangement for the City from a litigation standpoint is the one proposed in the agreement, which is to have Metro voluntarily elect to terminate its existing licenses and indemnify and defend the City for any resulting compensation claims. 4. Other Issues. The CSOAA claim that the proposed Municipal Code amendment to amortize non -conforming billboards would evade just compensation requirements is inaccurate. Proposed Section 17.05.050(8)(3) provides that such signs may be removed "pursuant to and as allowed by California Business and Professions Code section 5412," which specifically requires the payment of just compensation. With respect to the alleged "de facto" prohibition on new digital signs except on City property, this claim also lacks merit because the proposed Billboard Relocation Overlay Zone includes both public and private properties. Moreover, state and federal law do not require the City to allow any new billboards — period. Therefore, the proposed discretionary relocation program does not violate any rights, because there currently are no rights to construct new billboards in the City. LA #4843-4385-9224 v1 CITY OF SANTA CLARITA STAFF REPORT MASTER CASE NUMBER 13-184 ZONE AMENDMENT 13-005, GENERAL PLAN AMENDMENT 13-003, ZONE CHANGE 13-007, DEVELOPMENT AGREEMENT 13-002, INITIAL STUDY 13-006 DATE: January 7, 2014 TO: Chair Heffernan and Members of the Planning Commission FROM: Jeff W. Hogan, Planning Manager CASE PLANNER: David Koontz, Associate Planner APPLICANT: Los Angeles County Metropolitan Transportation Authority (Metro) REQUEST: The applicant is requesting a Zone Amendment to the text of the Unified Development Code (UDC) and Municipal Code, a General Plan Amendment, Zone Change, and Development Agreement (including lease agreements attached as exhibits thereto), to allow the construction and operation of three digital billboards (six billboard faces totaling 4032 square feet) on three freeway -adjacent City -owned sites and the removal of all 62 existing outdoor advertising structures (118 billboard faces totaling 25,830 square feet) in the Metro right-of-way (ROW) within the City. The proposed Zone Amendment would also establish a five (5) year amortization period for the removal all remaining billboards within the City erected prior to adoption of the City's first updated sign ordinance, which is November 13, 1990 and create a Billboard Relocation Overlay Zone. LOCATION: The 62 outdoor advertising structure removals are located within the Metro ROW, along both sides of the railroad tracks, along Newhall Avenue, Bouquet Canyon Road and Soledad Canyon Road in the locations depicted on DA Exhibit A (attached). The three proposed billboard development sites consist of the Norland Road site, the Remson Street site and the Magic Mountain Parkway site, located as follows: a. The Norland Road site is located adjacent to the south side of State Route 14 (SR -14), within the Norland Road right-of-way, approximately 1000 feet east of Oak Springs Canyon Road (APN: 2840-001-271) in the Open Space (OS) zone. Master Case 13-184 January 7, 1014 Page 1 of 17 __ _ _b. The Remsen Street site is located adjacent to west side of State _Route 14 (SR -14), within the Remsen Street right-of-way, approximately 1000 feet east of Sierra Highway (adjacent to APN: 2827-010-012) in the Business Park (BP) zone. c. The Magic Mountain Parkway site is located adjacent to the east side of Interstate 5 (I-5) on the north side of Magic Mountain Parkway, approximately 900 feet west of Tourney (APN: 2866-007-907) in the Business Park (BP) zone. Each of the billboard development sites described above is depicted on DA Exhibit C (attached). PROJECT DESCRIPTION The applicant, METRO, is proposing the development of three digital billboards on three freeway -adjacent City -owned sites. In consideration of the entitlement to develop and operate the three digital billboards and a 50 year lease of the City -owned sites, METRO would remove or cause the removal of all 62 existing off-site advertising structures (118 billboard faces) which currently exist in the railroad right-of-way within the City boundaries. The proposal includes the following components: Zone Amendment: The project proposes to amend the text of the UDC to allow the City Council discretion to enter into Billboard Reduction and Relocation agreements which could permit installation of new billboards within a new Billboard Relocation Overlay Zone adjacent to the I-5 and SR -14 freeways, providing that offsetting billboard removals achieved a reduction in both the number of billboards and overall square footage of billboards within the City. The Zone Amendment also establishes a five (5) year amortization period for all existing billboards after which time the City could require removal of any billboard with the City, subject to compensation. At any time after the expiration of the amortization period, the City could opt to require removal of existing billboards, subject to payment of compensation in accordance with State law (California Business and Professions Code Section 5412). Included with the Zone Amendment is a minor amendment to Section 11 of the Municipal Code which modifies the restriction on private signage within the public right-of-way. General Plan Amendment/Zone Chance: The project would modify the Zoning Map to include a Billboard Relocation Overlay Zone adjacent to the I-5 and SR -14 freeways which would be subject to the development standards outlined in the Zone (text) Amendment discussed above. Additionally, the project proposes a General Plan Amendment and Zone Change for the approximately 2667 sq. ft. Norland Road leasehold area that would result in a General Plan designation of Business Park (BP) and a zoning designation of Business Park (BP) from the current General Plan Land Use Designation Master Case 13-184 January 7, 2014 Page 3of17 -. --- -and--Zoning Designation -of Open- Space (OS): -- Commercial -or 4ndustrial—aening-4s-a- - requirement for locating billboards in the vicinity of a state highway per the State Outdoor Advertising Act. These map changes are depicted on Exhibit C of Resolution P14-002 (attached). • Development Aereement: The proposed DA and associated Lease Agreement provide for: (1) staged removal of all 62 existing Metro outdoor advertising structures (118 billboard faces); (2) the development of the three digital billboard structures (six billboard faces) on the City owned sites; (3) the management and operation of the digital billboards; (4) the allocation between the parties of revenue derived from the digital billboards. BACKGROUND Since the beginning of cityhood in 1987, the City of Santa Clarita has been spending significant time and money with the goal of beautifying our City. The City's very successful Graffiti Removal program, many new landscaped medians and side panels, the Urban Forestry (tree) program, city-wide recycling, thousands of acres of open space acquisitions, some undergrounding of utilities, regular community clean-up days and a myriad of beautification projects have gone a long way towards making Santa Clarita a beautiful city. Billboards are also a high priority for eradication. The City has long -been interested in billboard removal, particularly along the railroad right-of-way, which would go a long way towards improving the look of our neighborhoods. Over the years, the City has explored purchasing billboards for the purpose of taking them down. This has proved to be fiscally unattainable. Sixty two (62) outdoor advertising structures (118 billboard faces) currently exist in the Metro ROW within the City boundaries. Sixty (60) of these structures are billboards owned by CBS, Clear Channel and Edwards Outdoor and two of these structures are off-site signs which appear to be owned by the businesses they advertise. Nearly all of these structures were originally installed prior to City incorporation under the County's jurisdiction. At the direction of the City Council, staff has engaged in a series of informal discussions with METRO and the major billboard operators over the past several years concerning potential opportunities for billboard acquisitions and removals. Concurrent to these discussions, Metro and its billboard management consultant developed a program wherein the Metro Board could enter into Development Agreements with the various local agencies throughout Los Angeles County, for removal and reduction in the number of aging and deteriorating static billboards within the METRO ROW in exchange for entitlements to construct a reduced number of digital billboards. Metro is currently in negotiations with several Cities along its ROW and offering these agencies an opportunity to "opt in" to the countywide billboard consolidation program. The program provides local agencies an opportunity to reduce visual blight caused by numerous low -quality Master Case 13-184 January 7, 2014 Page 4 of 17 and deteriorating billboards and share in the revenue created by a reduced number of state-of- the-art digital billboards. In order to take advantage of the opportunity to remove 118 billboard faces (62 outdoor advertising structures), staff worked closely with Metro's billboard management consultant to determine whether any locations could be identified for potential billboard development sites which could meet each of the following criteria: • Conformance with Caltrans spacing and zoning requirements • Freeway adjacent location • City owned • Proximity to electrical source • Access for construction and periodic maintenance • No significant impact to existing residential neighborhoods • No significant impact to existing commercial/industrial developments • No significant impact to biological or cultural resources • Will not require removal of protected oak trees The three locations proposed for digital billboard development were selected based on their conformance with each of the locational criteria listed above. The role of the Planning Commission in reviewing these entitlements is to a) conduct a public hearing; and b) provide a recommendation to the City Council who act as the approving authority for these types of applications. COMMUNITY OUTREACH In advance of the January 7, 2014 Planning Commission meeting, staff conducted a series community outreach meetings to provide information and receive input on the Metro billboard reduction proposal with the following community groups: • Santa Clarita Signal Editorial Board • Santa Clarita Valley Economic Development Corporation • Santa Clarita Parks Commission • State Senator Pavley • State Assemblymember Wilk • Santa Clarita Arts Commission 0 Santa Clarita Valley Chamber of Commerce Board Master Case 13-184 January 7, 2014 Page 5 of 17 • Santa Clarita Valley Latino Chamber of Commerce Board • Santa Clarita Automobile Dealers Association • State Assemblymember Fox • State Senator Knight • Valencia Industrial Association An additional community group meeting scheduled with the Old Town Newhall Association will occur prior to the City Council hearing on this item. In addition to these community meetings, media articles describing the Metro billboard reduction proposal appeared in the Santa Clarita Signal, KHTS and SCV News in early December 2013. These media articles also referenced a website that the City initiated to provide information and receive community comments on the proposal. This website can be viewed at- http://billboards.santa-clarita.com. ANALYSIS Zone Amendment The current text of the Unified Development Code: a) allows existing legally established billboards to be maintained indefinitely provided they are not expanded; and b) prohibits the establishment of any new billboards. The proposed Zone Amendment consists of two major components parts. The first part would modify the text of the Unified Development Code (UDC) to establish a 5 year amortization period for all existing billboards erected prior to adoption of the City's first updated sign ordinance (November 13, 1990). At any time after the expiration of the amortization period, the City could opt to require removal of any of these existing billboards, subject to payment of compensation in accordance with State law (California Business and Professions Code Section 5412). Currently, there are approximately 110 billboards citywide. The second component of the proposed Zone Amendment authorizes the City Council to enter into Billboard Reduction and Relocation Agreements and creates a Billboard Relocation Overlay Zone adjacent to Interstate 5 and State Route 14 within commercial or industrial areas. A Billboard Reduction and Relocation Agreement would allow for the removal and relocation of legal nonconforming billboards and construction of new replacement billboards that meet the specified requirements included in the text amendment, which requires that all Billboard Reduction and Relocation Agreements must: • Result in a net reduction in the number of billboards within the City; • Result in a net reduction in the square footage of billboards within the City; Master Case 13-184 January 7, 1014 Page 6 of 17 • Not exceed 700 square feet per sign face; • Not exceed 65 feet in height; • Not exceed a brightness level of 0.3 foot candles above ambient lighting for both daytime and, night time conditions and may not exceed 500 nits (candela per square meter) from sunset to sunrise or 7500 nits from sunrise to sunset (for digital billboards); • Display only a series of still images, each displayed for a minimum of 8 seconds, without the appearance of motion, flashing or blinking (for digital billboards); • Be located only within commercial or industrial areas within the Billboard Relocation Overlay Zone along the I-5 or SR -14 freeways; • Not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; • Be physically suitable for the site. Both components of the Zone Amendment are intended to provide the City Council new tools which could be utilized to facilitate future additional billboard removals within the City. The complete text of the proposed Zone Amendment is included as Exhibit B to Resolution P14-002 (attached). General Plan Amendment & Zone Change The project would modify the Zoning Map to include a Billboard Relocation Overlay Zone adjacent to the I-5 and SR -14 freeways. This overlay zone would be applied only to commercial or industrial properties within 300 feet of the centerline of the freeways. Any future billboard development within the Billboard Relocation Overlay Zone would require City Council approval of a Billboard Reduction and Relocation Agreement and be subject to the findings and development standards of the Billboard Relocation Overlay Zone (see Zone Amendment discussion above). Additionally, the project proposes a General Plan Amendment and Zone Change for the approximately 3488 sq. ft. Norland Road leasehold area that would result in a General Plan designation of Business Park (BP) and a zoning designation of Business Park (BP) from the current General Plan Land Use Designation and Zoning Designation of Open Space (OS). A commercial or industrial zone such as BP will allow the Norland Road site to conform with State Outdoor Advertising Act criteria for locating billboards in the vicinity of a State Highway. The BP zoning and general plan designation is fully compatible with the self -storage facility located to the west of the Norland Road site. No changes are needed to the general plan or zoning for the Remsen Road or Magic Mountain Parkway sites as both sites are currently zoned BP. Master Case 13-184 January 7, 2014 Page 7 of 17 Development Agreement The proposed DA and associated Lease Agreement provide for: (1) staged removal of all 62 existing Metro outdoor advertising structures; (2) the development of the three digital billboards on the City owned sites; (3) the management and operation of the digital billboards; (4) the allocation between the parties of revenue derived from the digital billboards. The major provisions of the DA and associated Lease Agreement include: • Digital site development: Metro to develop the three digital billboard sites on property leased from the City. Specifically, the three sites would be developed as follows: Site I — Magic Mountain Parkway - A copy of the project plans for the electronic billboard at this location are included as Exhibit C of the Development Agreement. These plans also shows the boundaries of the City -owned land to be leased for the construction of the electronic billboard referred to as the Magic Mountain billboard site. The key elements of the design of this electronic billboard are as follows: • Leasehold size: 3,256 S.F. (or 0.074 acres). • Adjacent to: I-5. • Sign dimensions: 14 feet high by 48 feet wide. • Square footage per face: 672 square feet. • Distance of bottom of sign from ground: 45 feet. • Distance of top of sign from ground: 59 feet. • Pole diameter: 36 inches. • Foundation diameter: 60 inches. • Foundation depth: 25 feet six inches. • Approximate cubic feet of soil for export exclusive of trenching: 500 cubic feet or 18.5 cubic yards. Site 2 — Remsen Street— A copy of the project plans for the electronic billboard at this location are included as Exhibit C of the Development Agreement. These plans also shows the boundaries of the City -owned land to be leased for the construction of the electronic billboard referred to as the Remsen billboard site. The key elements of the design of this electronic billboard are as follows: • Leasehold size: 3,183 s.f. (or 0.073 acres). • Adjacent to: SR -14. • Sign dimensions: 14 feet high by 48 feet wide. • Square footage per Face: 672 square feet. • Distance of bottom of sign from ground: 50 feet. • Distance of bottom of sign from top of oak tree canopy: 15 feet. • Distance of top of sign from ground: 64 feet. • Pole diameter: 42 inches. Master Case 13-184 January 7, 2014 Page 8of17 • Foundation diameter: 60 inches. • Foundation depth: 28 feet. • Approximate cubic feet of soil for export exclusive of trenching: 550 cubic feet or 20.4 cubic yards. Site 3 — Norland Drive — A copy of the project plans for the electronic billboard at this location are included as Exhibit C of the Development Agreement. These plans also shows the boundaries of the City -owned land to be leased for the construction of the electronic billboard referred to as the Norland billboard site. The key elements of the design of this electronic billboard are as follows: • Leasehold size: 3,488 S.F. (or 0.06 acres). • Adjacent to: SR -14. • Sign dimensions: 14 feet high by 48 feet wide. • Square footage per face: 672 square feet. • Distance of bottom of sign from Norland Street: 40 feet. • Distance of top of sign from ground: 54 feet. • Pole diameter: 42 inches. • Foundation diameter: 60 inches. • Foundation depth: 28 feet. • Approximate cubic feet of soil for export exclusive of trenching: 550 cubic feet or 20.4 cubic yards. Additional Development Agreement terms include: • Staged removal of all existing advertising structures from the Metro ROW: Within 45 days of completion of installation of the 1st digital billboard, Metro must remove 40 percent of the billboards from their ROW. Within 45 days of completion of construction of the 2nd digital billboard, Metro must remove an additional 30 percent of the billboards from their ROW. Within 45 days of completion of construction of the 3rd digital billboard, Metro must remove the remaining 30 percent of the billboards from their ROW. The locations of the 62 outdoor advertising structures to be removed are shown on an Exhibit A of the Development Agreement. • Indemnification: Metro indemnifies City for any litigation which may arise in connection with removing existing billboards. • Development Fee/Rent: Metro to pay to City 65% of Net Revenue from each digital billboard as development fee and as rent for the sites leased from the City. • City promotional messages: City may use 6.25 percent of the advertising time each month on each billboard for promotional messages at no cost to the City. To the extent Master Case 13-184 January 7, 2014 Page 9 of 17 that advertising time is unsold and available, the City may use up to an additional 6.25 percent for a total of 12.5 percent. • Metro transit messages: Metro may use 6.25 percent of the advertising time each month on each billboard for transit information messages or to promote Metro services. To the extent that advertising time is unsold and available, Metro may use up to an additional 6.25 percent for a total of 12.5 percent. • City emergency messages: City may utilize all digital billboards uninterrupted for up to one hour and intermittently thereafter for bona -fide emergencies involving public health, safety or welfare. • Term: The term of the Development Agreement is 5 years from the effective date. Metro would exercise its rights to develop the digital billboard sites and perform the staged removals within this time frame. The Term of the Lease agreement is for 50 years. At the expiration of the 50 year lease, the City could require the removal of the digital billboards from its property, or the City and Metro could negotiate terms to extend the lease for an additional period. • Insurance: Metro must insure (self -insure) the 3 digital billboards throughout the term of the lease. • Advertising restrictions: The lease agreement contains restrictions on obscenity, political advertising or advertising tobacco products or medical marijuana. • Two alternative financial options at Metro's discretion. Under Option 1, a 3rd party billboard operator (outdoor advertising company) would construct and operate the billboard(s) and pay for the construction, operation and future upgrade of the billboard. Under Option 2, Metro's billboard consultant would finance initial construction of the billboard, and Metro and the City would reimburse for their share of the construction and upgrade costs, over time, through the operational revenues, based upon their same share of net advertising revenue. The agreement has been structured such that the City's obligation to pay expenses will never exceed the City's receipt of revenues, so that no general fund revenues will ever be needed to pay billboard expenses. Future City revenues could be used for future beautification efforts such as additional billboard removals, undergrounding of utilities or enhanced public landscaping. Master Case 13-184 January 7, 2014 Page 10 of 17 Metro's Financial Option 1 Metro's Financial Option 2 % of % of Gross % of Net Gross % of Net Revenue Revenue Revenue Revenue 3rd Party Billboard Operator 50% NA Metro's Billboard Metro's Billboard Manager 15% 30% Manager 30% 40% Metro 12.25% 24.5% Metro 15.75% 21% City of Santa City of Santa Clarita 22.75% 45.5% Clarita 29.25% 39% Less shared Less shared entitlement entitlement expenses expenses $350,000 $350,000 Less shared capital expenses (est. 2.4 Capital expenses M amortized over and upgrade first 5 years, with expenses paid by 1.14 M upgrade 3rd party billboard expense every 10 operator ears Est. annual Est. annual revenue to City - revenue to City - ear 1 $464,100 - $573,300 year 1 $514,800 - $608,400 Est. annual Est. annual revenue to City - revenue to City - ear 6 $863,580 ear 6 $1,110,317 Est. annual Est. annual revenue to City - revenue to City - year 10 $1,010,267 ear 10 $1,298,914 • Billboard Design/Aesthetics: While the current version of the DA and associated lease agreement include site plans and structural diagrams which establish the basic site location and structure design parameters for each of the digital billboards as discussed above, the agreements do not specify any particular colors, cladding/pole covers, or other aesthetic design accoutrements at this time. Staff intends to display for the Planning Commission a series of aesthetic design options at the Planning Commission meeting for their consideration and recommendation to the City Council for possible inclusion in the final DA and lease agreement and have included several of these options as an attachment to this staff report. Master Case 13-184 January 7, 2014 Page 11 of 17 General Plan Consistency The proposed project is consistent with the following relevant General Plan policies: General Plan Policy LU 4.1.4: Promote economic opportunity for all segments of the community including small businesses and new businesses. The three proposed freeway -oriented digital billboards (6 billboard faces) will provide advertising opportunities to a wide spectrum of both large and small businesses due to multiple "flips" within each time slot as well as potential for differential advertising rates during different hours throughout the day and different days of the week. The freeway oriented locations will provide advertising exposure to a larger number of potential customers than the current Metro ROW locations due to substantially greater traffic volumes on both the I-5 and SR -14 freeways. General Plan Policy LU 6.3.5: Restrict the establishment of billboards within the planning area. General Plan Policy CO 6.6.3: Restrict establishment of billboards throughout the planning area, and continue abatement efforts to remove existing billboards that impact scenic views. The proposed project is consistent with these policies because it will result in the overall reduction of 59 billboard structures (112 billboard faces) and the elimination of significant visual blight within the railroad corridor along Newhall Avenue, Bouquet Canyon Road and Soledad Canyon Road. The Zone Amendment which is a component of this project restricts the establishment of billboards because the only new billboards permitted would be those permitted pursuant to City Council approval of a Billboard Reduction and Relocation Agreement which would require, at a minimum, an overall reduction in the number of billboards. General Plan Policy CO 6.6.4 Where appropriate, require new development to be sensitive to scenic viewpoints or viewsheds through building design, site layout and building heights. Each of the three proposed billboard sites have been carefully selected to maximize freeway visibility while minimizing potential for visual intrusion on existing residential neighborhoods as evidenced by the visual analysis prepared for each of the three sites, which is included in the environmental document. With regard to land use, the Magic Mountain and Remsen sites currently hold a land use designation of Business Park. The project includes an amendment to the City's General plan for the Norland Road site which will also designate this site Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park General Plan land use category and therefore the project would be consistent with the General Plan as amended. Master Case 13-184 January 7, 2014 Page 12 of 17 Mitigated Negative Declaration & Mitigation Monitoring Program An Initial Study was prepared in accordance with the California Environmental Quality Act (CEQA). Staff has highlighted and summarized the following impact categories: Visual Impact: The three electronic billboards would be located adjacent to two major freeways, the I-5 and SR -14. There are large Caltrans freeway signs along each of these freeways informing drivers of upcoming exits and indicating exit names. The size of the electronic billboards (14' X 48') would be similar to the size of large freeway signs. Construction of the three electronic billboards would have a limited negative aesthetic effect. This limited negative effect would be offset by the positive aesthetic effect associated with the removal of the 62 static billboards, as detailed below. Visual studies to assess the potential visual impacts of each of the three electronic billboards were conducted and are included in the Initial Study on pages 33-46. The studies addressed whether or not the signs would be visible from key locations and neighborhoods in the City. The locations from which views of the signs were assessed were selected by the City of Santa Clarita's Community Development Department. • Site 1) Magic Mountain Parkway — Figure 9 (page 33 of the Initial Study) provides a photo - simulation showing how this electronic billboard would look in its position adjacent to I-5. While the sign is clearly visible, it does not significantly block any scenic vistas. Figure 10 (page 34 of the Initial Study) shows the locations evaluated to assess whether or not the electronic billboard would be visible. This billboard would be visible from six of the key locations studied. Photo -simulations showing the degree to which the billboard would be visible from each of these key six sites are included in Figure 11 (pages 35-37 of the Initial Study). As shown in Figure 11, the billboard would not significantly alter key views and is primarily noticeable from along the freeway corridor, where other signs are also visible. The closest residence is approximately 2700 feet from the proposed billboard location (Westridge). • Site 2) Remsen Street — Figure 12 (page 38 of the Initial Study) provides a photo -simulation showing how this electronic billboard would look in its position adjacent to SR -14. While the sign is clearly visible it does not significantly block any scenic vistas. Figure 13 (page 39 of the Initial Study) shows the locations evaluated to assess whether or not the electronic billboard would be visible. This billboard would be visible from two of the key locations studied. Photo -simulations showing the degree to which the billboard would be visible from each of these key two sites are included in Figure 14 (page 40 of the Initial Study). As shown in Figure 14, the billboard would primarily be visible to drivers on Sierra Highway as they pass the intersection with Remsen Drive. The closest residence is approximately 4900 feet from the proposed billboard location (Polynesian Mobile Home Park). • Site 3) Norland Drive — Figure15 (page 41 of the Initial Study) provides a photo -simulation showing how this electronic billboard would look in its position adjacent to I-5. While the sign is clearly visible it does not significantly block any scenic vistas. Figure 16 (page 42 of the Initial Study) shows the locations evaluated to assess whether or not the electronic billboard would be visible. This billboard would be visible from three of the key locations Master Case 13-184 January 7, 1014 Page 13 of 17 studied. Photo -simulations showing the degree to which the billboard would be visible from each of these key three sites are included in Figure 17 (pages 43-44 of the Initial Study). As shown in Figure 17, the billboard would not significantly alter key views along SR -14 and is primarily noticeable from along the freeway corridor. The closest residence is approximately 400 feet from the proposed billboard location (Canyon Gardens). • 62 existine static billboards (118 billboard faces) to be removed - Figure 18 and Figure 19 (pages 45-46 of the Initial Study) shows some representative before -and -after photo - simulations depicting the aesthetic benefit of the removal of some of the static billboards along Railroad Avenue and Soledad Canyon Road. The aesthetics along these two roadways would be improved by removal of the static billboards. The three electronic billboards (six billboard faces) would have a less than significant impact on scenic vistas. This less than significant impact would be offset and reduced by the aesthetic benefit of static billboard removal. Lieht and Glare: Each of the three digital billboard sites is located in the vicinity of designated Significant Ecological Areas (SEA). In order to assure that that light and glare will not significantly impact potentially sensitive biota, a number of measures have been incorporated into the language of the Zone Amendment, and into the design technology of the digital billboards themselves. The Zone Amendment which is a part of this project specifies the maximum lighting levels for any electronic billboards as follows: Digital -display faces must have a maximum brightness not to exceed 0.3 foot candles above ambient lighting from a distance of 250 feet for both the daytime and nighttime condition. Brightness shall not exceed 500 nits (candela per square meter) from sunset to sunrise. At all other times, brightness will not exceed 7500 nits. With regard to digital billboard design technology, the applicant has proposed an LED technology for the three digital billboard sites which will be directionally limited through the use of a series of mechanical louvers between rows of LEDs. These louvers serve as vertical limiters for light transmission and will restricted upward light transmission to no more than 45 degrees and downward light transmission to no more than 60 degrees. This directional restriction will mitigate potential upward glow or downward spillover and focus the viewing area and light transmission towards the intended freeway viewers and away from surrounding properties and surrounding habitat. Additionally, each of the digital billboards will be equipped with an automatic light sensor and dimming device that will adjust the brightness of the led panels to remain at 0.3 foot candles above ambient light. This lighting level is roughly equivalent to that of a modem LED television and is consistent with the maximum lighting level recommended by the Outdoor Advertising Association of America (OAAA), which in turn is in compliance with the National Electrical Manufacturers Association (NEMA's) recommended lighting criteria for LED digital displays. This lighting level for the electronic billboards is also consistent with the recommendations of a Lighting Sciences Inc. study (2008) regarding lighting for digital billboards. The recommendations in the Lighting Sciences report were formulated with the intent Master Case 13-184 January 7, 2014 Page 14 of 17 of ensuring that the source of light is not offensive, or potentially dangerous. The study also found that digital billboards operating at the recommended lighting levels produced much fewer lumens into the night sky than conventional bottom mounted billboard lighting systems. Finally, in terms of context, each of the proposed digital billboards would be located immediately adjacent to a freeway which, during nighttime hours, represents an existing ambient light source with illuminated traffic signage and illuminated vehicles. For these reasons, the electronic billboards allowed under criteria of the Zone Amendment would not create a substantial new source of light or glare. Existine static billboards to be removed: In addition to the installation of the electronic billboards, which represent a minimal new source of light along the freeway corridor, the proposed project includes the removal of 26 illuminated static billboards (out of a total of 62 billboard structures) along Railroad Avenue, Bouquet Canyon Road and Soledad Canyon Road (see DA Exhibit A), which would be a benefit of the proposed project. Noise: Operation of an electronic billboard does not produce substantial levels of noise as they have no moving parts and do not utilize air conditioning units, generators or any other noise producing mechanical equipment. The electronic billboards would be located in close proximity to existing freeways, where the existing ambient noise levels are already highly elevated due to the volume of traffic. As noted in the noise analysis chapter of the OVOV Program EIR (at page 3.18-14), motor vehicle noise on freeways and other roadways are the primary noise sources in the OVOV Planning Area. Figure 3.18-8 of the OVOV Program EIR shows existing (2007) noise levels in the Planning Area. As shown in Figure 3.18-8, all three billboard sites are located within the 70 CNEL contours associated with adjacent freeways. Operation of the billboards will not expand these contours or to result in an increase in noise above existing ambient levels. Operation of the three billboards would not generate an increase in noise levels above the ambient condition. The long-term noise impact from the proposed project on adjacent uses is thus anticipated to be less than significant. Traffic Safety: The capability of digital billboard signs to present changing images has raised concerns regarding the effect of such signage on traffic safety. The primary concern has been effects on driver attention, but concerns have also been raised regarding the potential for such signage to produce light of such intensity or direction that it could interfere with driver vision. The Federal Highway Administration (FHWA), Caltrans and the California Outdoor Advertising Act all have regulatory standards for signage, including digital billboards, in the vicinity of a freeway or state highway, which are designed to ensure traffic safety. These provisions of law and regulation effectively regulate sign location and brightness to ensure that digital billboard signs will not be located in such a manner as to create hazards due to lighting conditions themselves. Digital billboard signs are equipped with sensors that modify the brightness of the sign in response to ambient lighting conditions, thus ensuring that the Master Case 13-184 January 7, 1014 Page 15 of 17 brightness of the display in evening, nighttime or dawn conditions does not present a traffic hazard. Restrictions on digital billboard signs contained within the Outdoor Advertising Act and enforced by Caltrans regulate many of the conditions that have been identified as relevant to traffic safety. Caltrans regulates the location of each proposed digital billboard sign through its application process, and the distance between such signs is also regulated. Many of these safety related restrictions are also incorporated into the Zone Amendment and the terms of the DA and associated Lease Agreement, the conditions of approval and the mitigation measures which have been incorporated into this project. As digital billboard sign technology has evolved, the issue has been raised as to whether digital billboard signs themselves, regardless of compliance with such operating restrictions, present a distraction to drivers and thereby create conditions that could lead to accidents. The Federal Highway Administration has published a report is entitled: "The Effects of Commercial Electronic Variable Message Signs (CEVMS) on Driver Attention and Distraction: An Update." [FHWA Report 2009] The FHWA Report addressed the basic research question of whether operation of a CEVMS along the roadway is associated with a reduction of driving safety for the public. The report identified three fundamental methods for answering this question: (1) whether there is an increase in crash rates in the vicinity of CEVMS, (2) whether there is an increase in near -crashes, sudden braking, sharp swerving and other such behaviors in the vicinity of CEVMS, and (3) whether there are excessive eye glances away from the roadway in the vicinity of CEVMS. The report confirmed that there have been no definitive conclusions about the presence or strength of adverse safety impacts from CEVMS but that digital billboard signs should continue to be regulated as a means of protecting the public interest. In addition to the 2009 FHWA study, the Initial Study references several other recent safety studies which had similarly inconclusive results. Conducting a large scale study of traffic safety relative to digital billboards with conclusive statistical results is difficult. Roadway conditions unique for each sign location and there are also a variety of other factors that may contribute to driver inattention, including other roadway signage (including official signage), and other driver distractions. (such as tuning the radio, talking on the phone, smoking, talking to other passengers). Bioloev: The Santa Clara River and adjacent areas are designated as SEAS within the City's General Plan. Both the Magic Mountain Parkway and Norland Road leasehold areas are outside the bed and banks of the Santa Clara River. However, the larger parcels which contain the leasehold areas are partially located within the boundaries of SEA -23: Santa Clara River. The Remsen Street site is located within the ROW of Remsen Street, adjacent to SEA- 20: Santa Susana Mountains. Because of the sensitivity of these adjacent areas, mitigation measures have Master Case 13-184 January 7, 2014 Page 16 of 17 been incorporated to ensure that indirect impacts to these adjoining areas will not occur. Mitigation measures include: • Prior to grubbing or grading between February 16`" and August 31 st, a nesting survey must be completed in accordance with the requirements of the Federal Migratory Bird Treaty Act. • In the unlikely event that future pruning of the adjacent oak tree on the Remsen Street site is necessary, an Oak Tree Permit would be required at that time. • Fugitive dust control in compliance with SCAQMD Rule 403 requirements. • Prior to site grading, a Burrowing Owl burrow search in the 150 meter radius of the Magic Mountain Parkway and Remsen Street leasehold areas must be conducted in accordance with CDFG protocols. With the above mitigation incorporated into the project, the potential for impact to biological resources was determined to be less than significant. The Initial Study determined that all impacts related to the proposed projects are considered to be less than significant with the mitigation measures which have been incorporated into the project. Therefore, a Mitigated Negative Declaration was prepared in accordance with Section 15070 of CEQA. The Mitigated Negative Declaration and Initial Study were made available for a thirty - day public review period and sent to the State Clearinghouse and distributed to relevant agencies for review. Documents were posted at the Permit Center at the City of Santa Clarita City Hall, and the City of Santa Clarita Library, Valencia Branch. NOTICING All noticing requirements for a public hearing have been completed. The project was advertised in The Signal newspaper on December 6, 2013 and mailed notices were sent to all property owners within 1000 foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1700 feet from the proposed Norland Road development site in areas in which the visual line -of -sight exhibits indicated some visibility of the Norland Road billboard could occur. Notice of Public Hearing signs were posted on each site. RECOMMENDATION Based on the project compliance with the City of Santa Clarita General Plan and Unified Development Code, staff recommends that the Planning Commission: 1) Open the public hearing; 2) Receive testimony from the public; Master Case 13-184 January 7, 1014 Page 17 of 17 3) Close the public hearing; 4) Make a recommendation to the City Council regarding a preferred design option(s) for the digital billboards; and 3) Adopt Resolution P14-002, recommending the City Council adopts the Mitigated Negative Declaration prepared for the project and approve Master Case 13-184 with the attached Conditions of Approval (Exhibit A), Zone Amendment (Exhibit B), General Plan Amendment (Exhibit C) and Zone change (Exhibit D) and Development Agreement (Exhibit E). ATTACHMENTS Resolution P 14-002 Exhibits for Resolution P14-002: Exhibit A: Conditions of Approval Exhibit B: Zone Amendment Exhibit C: General Plan Amendment and Zone Change — Norland site Exhibit D: Zone Change — Billboard Relocation Overlay Zone Exhibit E: Development Agreement DA Exhibit A: Vicinity Map and Inventory - billboard removals DA Exhibit B: Legal Description of Lease sites (attach prior to DA execution) DA Exhibit C: Vicinity Maps, Site Plans and Elevations for digital billboard sites DA Exhibit D: Lease Agreement Illustrations/Photos of Alternative Billboard Designs Initial Study and Mitigated Negative Declaration Public Correspondence Received to Date RESOLUTION NO. P14-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING THAT THE CITY COUNCIL ADOPTS THE MITIGATED NEGATIVE DECLARATION PREPARED FOR THE PROJECT AND APPROVES MASTER CASE NO. 13-184 (ZONE AMENDMENT 13-13-005, GENERAL PLAN AMENDMENT 13-003, ZONE CHANGE 13-007 AND DEVELOPMENT AGREEMENT 13-002), AMENDING TITLES 11 AND 17 OF THE MUNICIPAL CODE AND THE LAND USE MAP OF THE CITY OF SANTA CLARITA GENERAL PLAN AND THE ZONING MAP OF THE CITY OF SANTA CLARITA AND ENTER INTO A DEVELOPMENT AGREEMENT WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The Planning Commission does hereby make the following findings of fact: a. The City has a history of actively addressing visual blight through Community Preservation activities, including implementation of a Sign Compliance Amortization Program which concluded in 2010 after facilitating the voluntary removal of hundreds of noncompliant business signs; b. Sixty-two (62) off-site advertising structures (118 billboard faces) currently exist within the Metro right-of-way (ROW) within the City of Santa Clarita, constituting a significant visual blight for the residents of the City. Metro has proposed to remove or cause the removal of all 62 of the existing structures within their ROW. In consideration of the removal of the existing Metro Billboards, the City and Metro have identified three City owned sites adjacent to the I-5 and SR - 14 freeways as suitable for the development of three digital billboards, and the City has proposed to lease the sites to Metro subject to the terms and conditions of a Development Agreement (DA) for the Reduction and Relocation of Billboards and associated site Lease Agreements; C. On November 15, 2013, an entitlement application was filed by METRO which consists of Master Case 13-184, Zone Amendment 13-005, General Plan Amendment 13-003, Zone Change 13-007 and Development Agreement 13-002; d. As a component of this project, the City is adopting a Zoning Amendment to the text of the Santa Clarita Unified Development Code and Municipal Code which would create a Billboard Relocation Overlay Zone and authorize the City Council to enter into Billboard Reduction and Relocation Agreements under which new billboards, including digital billboards, may be constructed in existing or new locations in exchange for the permanent removal of existing billboards; Master Case 13-194 Resolution P14-002 January 7, 2014 Page 2 of 10 e. The proposed DA and associated Lease Agreement provide for: (1) staged removal of all 62 existing Metro outdoor advertising structures; (2) the development of the three digital billboards on the City owned sites; (3) the management and operation of the digital billboards; (4) the allocation between the parties of revenue derived from the digital billboards; f The Planning Commission held duly -noticed public hearing on January 7, 2014, in accordance with the City's noticing requirements. The project was advertised in The Signal newspaper on December 17, 2013 and mailed notices were sent to all property owners within 1000 foot radius of each of the three proposed development sites. Additional notices were mailed to residences up to 1700 feet from the proposed Norland Road development site in areas in which the visual line -of -sight exhibits indicated some visibility of the Norland Road billboard would occur. The hearing was held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m.; g. On January 7, 2014, the Planning Commission received City staff's presentation summarizing the proposed project, opened the public hearing, and received public testimony regarding the project and staff received comments and questions from the Planning Commission regarding the project and the Planning Commission took action on the resolution of recommendation to the City Council; and h. The location of the documents and other materials that constitute the record of proceedings upon which the decision of the Planning Commission is based for the Master Case No. 13-184 project file is with the Community Development Department; the record specifically is in the custody of the Director of Community Development. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the Planning Commission recommends the City Council hereby find as follows: a. An Initial Study and a Mitigated Negative Declaration for this project have been prepared in compliance with the California Environmental Quality Act (CEQA); b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received to date have been considered. The Mitigated Negative Declaration was advertised on December 7, 2013 and posted on December 17, 2013, in accordance with CEQA. The public review period was open from December 17, 2013 through January 17, 2014. Any comments received between the Planning Commission hearing and the January 17, 2014 closing date will be forwarded to the City Council for their consideration; C. There is no substantial evidence that the project will have a significant effect on Master Case 13-184 Resolution P14-002 January 7, 2014 Page 3 of 10 the environment. The Mitigated Negative Declaration reflects the independent judgment of the City of Santa Clarita; d. The documents and other material which constitute the record of proceedings upon which the decision of the Planning Commission is made is the Master Case No. 13-184 project file, located within the Community Development Department and is in the custody of the Director of Community Development; and e. The Planning Commission, based upon the findings set forth above, hereby finds that the Mitigated Negative Declaration for this project has been prepared in compliance with CEQA. SECTION 3. GENERAL FINDINGS FOR ZONE AMENDMENT 13-005, GENERAL PLAN AMENDMENT 13-003, ZONE CHANGE 13-007 AND DEVELOPMENT AGREEMENT 13-002. Based on the above findings of fact and recitals and the entire record, including, without limitation, oral and written testimony and other evidence received at the public hearings, reports and other transmittals from City staff to the Planning Commission, and upon studies and investigations made by the Planning Commission, the Planning Commission recommends that the City Council find, as follows: a. The proposal is consistent with the General Plan; The proposed project is consistent with the following relevant General Plan policies: General Plan Policy LU 4.1.4: Promote economic opportunity for all segments of the community including small businesses and new businesses. The three proposed freeway -oriented digital billboard structures (six billboard faces) will provide advertising opportunities to a wide spectrum of both large and small businesses due to multiple "flips" within each time slot as well as potential for differential advertising rates during different hours throughout the day and different days of the week. The freeway oriented locations will provide advertising exposure to a larger number of potential customers than the current Metro ROW locations due to substantially greater traffic volumes on both the I-5 and SR -14 freeways. General Plan Policy LU 6.3.5: Restrict the establishment of billboards within the planning area. General Plan Policy CO 6.6.3: Restrict establishment of billboards throughout the planning area, and continue abatement efforts to remove existing billboards that impact scenic views. The proposed project is consistent with these policies because it will result in the overall reduction of 59 billboards and the elimination of significant visual blight within the railroad corridor along Newhall Avenue, Bouquet Canyon Road and Master Case 13-194 Resolution PI4-002 January 7, 2014 Page 4 of 10 Soledad Canyon Road. The Zone Amendment which is a component of this project restricts the establishment of billboards because the only new billboards permitted would be those permitted pursuant to City Council approval of a Billboard Reduction and Relocation Agreement which would require, at a minimum, an overall reduction in the number of billboards. General Plan Policy CO 6.6.4 Where appropriate, require new development to be sensitive to scenic viewpoints or viewsheds through building design, site layout and building heights. Each of the three proposed billboard sites have been carefully selected to maximize freeway visibility while minimizing potential for visual intrusion on existing residential neighborhoods as evidenced by the visual analysis prepared for each of the three sites, which is included in the environmental document. With regard to land use, the Magic Mountain and Remsen sites currently hold a land use designation of Business Park. The project includes an amendment to the City's General plan for the Norland Road site which will also designate this site Business Park. The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park General Plan land use category and therefore the project would be consistent with the General Plan as amended. b. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of the Unified Development Code; The project contains a Zone Amendment which would amend the text of the Unified Development Code to include provisions which would authorize the City Council to enter into billboard reduction and relocation agreements under which new billboards, including digital billboards, may be constructed within a designated Billboard Relocation Overlay Zone along the I-5 and SR -14 freeways in exchange for the permanent removal and overall reduction in the number of existing billboards. With regard to zoning, the Magic Mountain and Remsen sites are currently zoned Business Park. The project includes a zone change for the Norland Road site which rezones this site from Open Space (OS) to Business Park (BP). The three proposed billboards are fully compatible with the types of light industrial and supportive commercial uses within the Business Park zone and therefore comply with both the site zoning and the provisions of the zoning ordinance as amended. C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; Master Case 13.194 Resolution P14-002 January 7, 2014 Page 5 of 10 The proposed digital billboards will comply with all relevant Federal Highway Administration (FHWA) and California Department of Transportation (CALTRANS) traffic safety standards. Nothing in the development of the three billboard sites will be detrimental to the improvements, persons or property in the vicinity. The project removals, will positively affect the improvements and property in the vicinity of the 62 billboard structure removals (118 billboard faces) by removing a significant visual blight from the Newhall Avenue/ Bouquet Canyon Road/Soledad Canyon Road corridor. d. The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following: The design, location, shape, size, and operating characteristics are suitable for the proposed use; ii. The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate; iii. Public protection services (e.g., Fire protection, Sheriff protection, etc.) are readily available; and iv. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site. The three proposed billboard sites are three small leasehold areas within larger City owned properties. The proposed billboards are physically suitable for the selected sites because they are located immediately adjacent to the I-5 or SR -14 freeways and have been located to minimize visual intrusion on residential neighborhoods. Each of the three sites has existing electrical service nearby. The three billboards will generate negligible traffic during construction and periodic maintenance and have positive impact on public safety as the City is guaranteed usage of the three digital billboards for emergency messaging. Therefore, there is no impact to traffic, public protection services and the provision of utilities. SECTION 4. ADDITIONAL FINDINGS FOR ZONE AMENDMENT 13-005. Based on the foregoing facts and findings for Zone Amendment 13-005, the Planning Commission recommends that the City Council hereby find as follows: a. The amendment is consistent with the adjacent area. b. The amendment is consistent with the principles of the General Plan. Master Case 13-184 Resolution P14-002 January 7, 2014 Page 6 of 10 C. Approval of the amendment will be in the interest of public health, convenience, safety, and general welfare and in conformity with good zoning practice. d. The amendment is consistent with other applicable provisions of this code. e. Is necessary to implement the General Plan and/or that the public convenience, the general welfare or good zoning practice justifies such action. The proposed zoning amendment to the text of the Unified Development Code would allow for construction of new billboards only subject to City Council approval of a Billboard Relocation and Reduction Agreement. Per the provisions of the Zone Amendment, new billboards could only be located within the Billboard Relocation Overlay Zone (ie. within commercial, industrial and Business Park areas along Interstate 5 and State Route 14) and could not substantially impact adjacent properties, therefore any new billboards would be consistent with the adjacent area. The proposed Zone Amendment to the text of the UDC would also be consistent with, and will implement General Plan principles and policies as discussed in Section 3(a) above. Finally, the proposed digital billboards comply with all relevant Federal Highway Administration (FHWA) and California Department of Transportation (CALTRANS) standards for traffic safety. Additionally, the development agreement guarantees City use of the signs for public safety and emergency purposes and to promote civic events, thereby further promoting convenience, safety and general welfare. SECTION 5. ADDITIONAL FINDINGS FOR GENERAL PLAN AMENDMENT 13-003. Based on the foregoing facts and findings for General Plan Amendment 13-003, the Planning Commission recommends that the City Council hereby find as follows: a. The proposed General Plan amendment meets all of the findings per Section 17.06.130 All findings per Section 17.06.130 have been met by this proposed project and are described in this Resolution in Section 3, a. through d. b. Properties which benefit from increased density or intensity of development resulting from the General Plan amendment shall fully mitigate their increased sewer impact at the time that development occurs on the properties. This project consists of a Zone Amendment, General Plan Amendment Zone Change and Development Agreement to allow for the removal of 62 billboards within the Metro ROW and the construction of three new digital billboard structures (six billboard faces) on City owned sites adjacent to the I-5 and SR -14 freeways. There are no aspects of the proposed project that will generate wastewater. Master Case 13-194 Resolution P14-002 January 7, 2014 Page 7 of 10 C. The proposed General Plan amendment is consistent with other elements of the City's General Plan pursuant to Government Code Section 65300.5 as discussed in Section 3(a) of this resolution above. SECTION 6. ADDITIONAL FINDINGS FOR ZONE CHANGE 13-007. Based on the foregoing facts and findings for Zone Change 13-007, the Planning Commission recommends that the City Council hereby find as follows: a. That modified conditions warrant a revision in the zoning map as it pertains to the area under consideration; Establishment of the Billboard Relocation Overlay Zone is necessary to reflect one of the locational criteria outlined in the in the Billboard Relocation Overlay Zone text amendment (Zone Amendment). In addition, the Zone Change will be modifying the Zoning map for the Norland Road leasehold area site from the current Open Space designation to Business Park. The Business Park zone will allow the leasehold area to conform to State Outdoor Advertising Act criteria for locating billboards in the vicinity of a State Highway. The Business Park zone is compatible with the adjacent freeway and is consistent with the Business Park zoning of the self -storage facility to the west of the Norland Road billboard site. b. That a need for the proposed zone classification exists within such area; Establishment of the Billboard Relocation Overlay Zone for the commercial and industrial areas along the I-5 and SR -14 freeways is necessary to reflect one of the locational criteria outlined in the Billboard Relocation Overlay Zone text amendment (Zone Amendment). In addition, the project will be modifying the General Plan and Zoning maps for the Norland Road leasehold to reflect a zoning that is appropriate for a digital billboard site adjacent to the freeway. Commercial or industrial zoning is a requirement for locating billboards in the vicinity of a state highway per the State Outdoor Advertising Act. C. That the particular property under consideration is a proper location for said zone classification within such area: i. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice; The project will be modifying the General Plan and Zoning maps to allow for billboard placement on the Norland Road leasehold site. Commercial or industrial zoning is a requirement for locating billboards in the vicinity of a state highway per the State Outdoor Advertising Act. Master Case 13-184 Resolution P14-002 January 7, 2014 Page 8 of 10 ii. That the proposed zone change is consistent with the adopted General Plan for the area unless a General Plan amendment is filed concurrently and approved with said zone change; Depiction of the Billboard Relocation Overlay Zone for the commercial and industrial areas along the I-5 and SR -14 freeways is necessary to reflect one of the locational criteria outlined in the Billboard Relocation Overlay Zone text amendment (Zone Amendment). The project contains an amendment to the City's General Plan and therefore the zone change to Business Park is consistent with the General Plan as amended (Business Park). SECTION 7. ADDITIONAL FINDINGS FOR DEVELOPMENT AGREEMENT 13-002. Based on the foregoing facts and findings for Development Agreement 13-002, the Planning Commission recommends that the City Council hereby find as follows: a. The proposed development agreement complies with City zoning, subdivision, and other applicable ordinances and regulations. The proposed project includes a Zone Amendment to the text of the Unified Development Code and Title 11 of the Municipal Code which will allow the City Council to approve Billboard Reduction and Relocation Agreements. Upon approval of this Zone Amendment, the proposed Development Agreement will fully comply with all applicable ordinances and regulations. b. That the proposed development agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit. The proposed development agreement provides the following substantial public benefits to the City: i. Abatement of substantial visual blight through the phased removal of all 62 offsite advertising structures (118 billboard faces) within the Metro ROW; ii. Advertising opportunities for civic events at no cost to the City; iii. Emergency messaging for disaster communications and Amber Alerts at no cost to the City; iv. An advertising medium which can be utilized by local businesses; V. An ongoing revenue stream from leasehold rents which could be utilized to achieve additional billboard removals beyond the Metro ROW at the discretion of the City Council. Master Case I3-184 Resolution P14-002 January 7, 2014 Page 9 of 10 The terms of the Development Agreement mandate that all of these benefits be delivered expeditiously within the five year term of the development agreement. SECTION 8. The Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration prepared for the project and approve Master Case No. 13-084 which includes Zone Amendment 13-005 (Exhibit B), General Plan Amendment 13-3 (Exhibit C), Zone Change 13-007 (Exhibit D) and Development Agreement 13-002 (Exhibit E). SECTION 9. The Planning Commission Secretary shall certify to the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. Matter Case 13-184 Resolution P14-002 January 7, 2014 Page 10 of 10 PASSED, APPROVED, AND ADOPTED this 7`h day of January, 2014, CHARLES HEFFERNAN, CHAIR PLANNING COMMISSION 0-04M JEFF W. HOGAN, SECRETARY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Jeff W. Hogan, Planning Commission Secretary of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the of January 7, 2014, by the following vote of the Planning Commission: AYES: COMMISSIONERS: NOES: COMMISSIONERS: /_\:RIQ1WK67-1-071 M316WMOWN PLANNING COMMISSION SECRETARY S\CDICURREN 13M3.1 NPC DOM -C RESOUMONDOC EXHIBIT A CONDITIONS OF APPROVAL GCI. The property shall be developed and maintained in substantial conformance with the approvals granted by the City. Any modifications shall be subject to further review by the City. GC2. The applicant shall comply with all inspection requirements as deemed necessary by the City of Santa Clarita. GC3. The applicant, at the time of issuance of permits or other grants of approval, agrees to develop the property in accordance with City codes and other appropriate ordinances such as the Building Code, Grading Code, Highway Permit Ordinance, Unified Development Code, Electrical Ordinance and Fire Code. GC4. The applicant must sign and notarize the attached affidavit to confirm acceptance of the conditions of this grant. The notarized affidavit must then be returned to the Planning Division before building final. GC5. Prior to issuance of building permits, the applicant shall comply with all applicable regulations and fees of affected agencies. Environmental Services ESI. All demolition projects regardless of valuation and all new construction projects valuated greater than $500,000 must comply with the City's Construction and Demolition Materials (C&D) Recycling Ordinance. ES2. C&D Materials Recycling Ordinance: • A Construction and Demolition Materials Management Plan (C&DMMP) must be prepared and approved by the Environmental Services Division prior to obtaining any grading or building permits. • A minimum of 50% of the entire project's inert (dirt, rock, bricks, etc.) waste and 50% of the remaining C&D waste must be recycled or reused rather than disposing in a landfill. • A deposit of 3% of the estimated total project cost or $25,000, whichever is less, is required. The full deposit will be returned to the applicant upon proving that 50% of the inert and remaining C&D waste was recycled or reused. ES3. Per the California Green Building Standards Code, 100 percent of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. ES4. All projects within the City not self -hauling their waste materials must use one of the City's franchised haulers for temporary and roll -off bin collection services. Please visit GreenSantaClarita.com for a list of approved haulers. Master Case 13-184 January 7, 2014 Page 2 of 3 Building and Safety BSL Detailed construction plans for the billboards shall be submitted to the Building and Safety Division for plan review and building permit issuance. Supporting documentation, such as structural calculations shall be included in the plan submittal package. BS2. Plans submitted for plan review shall show full compliance with the California Building Codes in effect at the time the plans and building permit application are submitted. The current California codes are the 2010 California Building Codes. If the application date for the building permit is after January 1, 2014, the submitted plans shall comply with the new 2013 California Codes. BS3. Plans submitted to Building and Safety for plan review shall be 100% complete. Plans shall be prepared by a licensed Design Professional (architect or engineer). BS4. Submitted plans shall be stamped and signed by a California Licensed Architect or Engineer qualified to design the type of work proposed. BS5. The site plan submitted to building and safety shall show all lot lines, easements, restricted use areas, flood hazard areas, etc. Any structures proposed in an easement shall obtain written permission from the easement holder(s). Development Services EN1. Prior to any construction (including, but not limited to, drive approaches, sidewalks, curb and gutter, etc.), trenching or grading within public or private street right-of-way, the applicant shall obtain encroachment permits from the Development Services Division. EN2. Prior to building permit, the applicant shall obtain a notarized Letter of Permission for grading over all easements. EN3. For SR -14 @ Norland Rd. location: Prior to issuance of building permit, the applicant shall verify with and acquire any required permits from the Army Corps of Engineers, California Department of Fish and Wildlife, and the Regional Water Control Board for any work within each respective agency's jurisdiction. A copy of the permits, or a response letter from each agency indicating a permit is not required, shall be submitted to the City prior to issuance of building permits. EN4. Prior to building final, all new power lines and overhead cables less than 34 KV for the project shall be installed underground. EN5. This project will disturb less than one acre of land. Therefore, the project is subject to the following minimum construction requirements: Master Case 13-184 January 7, 2014 Page 3 of 3 A. Sediments from areas disturbed by construction shall be retained on site, using structural drainage controls to the maximum extent practicable, and stockpiles of soil shall be properly contained to minimize sediment transport from the site to streets, drainage facilities, or adjacent properties via runoff, vehicle tracking, or wind. B. Construction -related materials, wastes, spills or residues shall be retained on site to minimize transport from the site to streets, drainage facilities, or adjoining properties by wind or runoff. C. Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to remove sediments and pollutants. Parks, Recreation and Community Services PRI. The pole position shall beat least 10 feet clear of all trails and roads. PR2. The area around the poles shall be kept clear of debris, the area shall be safe for trail users with anti -climbing measures. PR3. The applicant shall run an extra conduit at the Norland site for future Parks uses. PR4. The final construction drawings shall depict the future ultimate alignment of Magic Mountain Boulevard. Planning PL1. All digital billboards shall be equipped with an automatic dimming device preset to limit brightness to no more than 0.3 foot candles above ambient light levels. PL2. All digital billboards shall be equipped with mechanical louvers which restrict vertical light transmission to no more than 45 degrees upward and 60 degrees downward. PL3. Prior to issuance of building permits, the applicant shall submit colored elevations for the digital billboards which incorporate the color, texture and cladding design as directed by the City Council. EXHIBIT B OF RESOLUTION NO. P14-002 ZONE AMENDMENT 17.05.050 Elimination of Legal Nonconforming Uses and Structures. A. Any unscreened outdoor storage (illegal under the provisions of the Los Angeles County Code Title 22) shall be screened in compliance with the provisions of this code within one (1) year of the effective date of this code. B. With the exception of signage, uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but made legal nonconforming by this code shall be allowed to continue and/or remain. Legal nonconforming signage shall be eliminated as follows: I. Signs as prohibited by Section 17.51.080(U) (Sign Regulations (Private Property)), thirty (30) days. 2. In the case of outdoor advertising signs or structures (i.e.. billboards and other off-site signs) in residential zones, and notwithstanding any contrary provision of this title, such signs and structures shall be discontinued and removed pursuant to and as allowed by California Business and Professions Code Sections 5412.1 and 5412.2 as follows: Fair Market Value on Date of Notice of Removal Requirement years Allowed to Remain Under $1,999 2 $2,000 to $3,999 3 $4,000 to $5,999 4 $6,000 to $7,999 5 $8,000 to $9,999 6 $10,000 and over 7 The amounts provided in this section shall be adjusted each January 1 st from and after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. 3. In the case of outdoor advertising signs or structures (i.e., billboards and other off-site signs) in non-residential zones lawfully erected prior to November 13, 1990, except where approved pursuant to Sections 17.26.100 (Billboard Reduction and Relocation Agreement) or 17.28.100 (Development Agreements), such signs and structures shall be discontinued and removed within five (5) years of the effective date of this subsection (which is XX -XX -2014) pursuant to and as allowed by California Business and Professions Code Section 5412. 4_All other signs and sign structures, nine (9) years from November 13, 1990. (Ord. 13-8 § 4 (Exh. A), 6/11/13) Chapter 17.26 CLASS V APPLICATIONS—DISCRETIONARY Sections: 17.26.010 Purpose. 17.26.020 Applicability. 17.26.030 Review Authority and Related Procedures. 17.26.040 Application Filing, Fees, and Project Review. 17.26.050 Project Notice and Required Actions. 17.26.060 Public Hearing. 17.26.070 Post -Decision Procedures. 17.26.100 Billboard Reduction and Relocation Agreement. 17.26.110 General Plan Amendments. 17.26.120 Master Plans. 17.26.130 Ridgeline Alteration Permit. 17.26.100 Billboard Reduction and Relocation Agreement. Subsections: A. Purpose. B. Application Filing,Fees and Proiect Review. C. Project Notice and Required Actions D. Commission and Council Actions E. Findings. F. Procedure and Review. A. Purpose This section establishes procedures for the discretionary consideration of the removal and relocation of pre-existing legally established billboards to new and different locations and to enable the substitution of billboards meeting more current standards while achieving an overall reduction in the number of billboards throughout the city in accordance with the state policy set forth in and local discretion authorized by Business and Professions Code section 5412. For purposes of this section relocation includes the removal of pre-existing, legally established billboards and the construction of new replacement billboards or alteration and upgrade of existing billboards in the same location, subject to compliance with the requirements of this section. B. Application Filing. Fees and Project Review. Applications for a billboard reduction and relocation agreement shall be in compliance with Chapter 17.26 (Class V Applications Discretionary). C. Proiect Notice and Required Actions The notice of the public hearing shall be in compliance with Section 17.06.110 (Twe II Public Noticing (Public Hearing)) D. Commission and Council Actions 1. Commission Recommendation. A recommendation by the Commission relative to a billboard reduction and relocation agreement shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the anproval of an agreement. the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council per Chapter 17.07 (Appeals or Certification of Review) 2. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17 06 160 (Notice of Action and Findings) 3. Public Hearing by Council After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall hive notice of such public hearing pursuant to the procedure set forth in Section 17 06 110 (Tyne II Public Noticing (Public Hearing)): 4. Council Action on Commission Recommendations. The Council may almrove, modify or reiect the recommendation of the Commission involving a billboard reduction and relocation agreement provided that any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing 5. Public Hearing by Council—Notice of Action Taken The Council shall serve a notice of its action in the manner prescribed by Section 17 06 160 (Notice of Action and Findings). E. Findings. The review authority may approve an application only after the applicant substantiates all of the findings per Section 17 06 130 (Findings and Decision) in addition to the following: 1. The proposed billboard reduction and relocation agreement complies with City zoning. subdivision, and other applicable ordinances and regulations,• 2. The relocated signage complies with the applicable requirements of this section Section 17.38.005 (BR — Billboard Relocation Overlay Zone) and Section17.51.080 (Sign Regulations (Private Proyertv))• and 3. The agreement results in: a. A net reduction in the total number of legally established billboards in the citv; and b. A net reduction in the total square footage of sign area of legally established billboards in the city. The reouired billboard reduction ratio shall be as specified in the billboard reduction and relocation agreement F. Procedure and Review. 1. Expiration. A billboard reduction and relocation agreement shall expire on the date designated by the Council in the agreement 2. Renewal. An approved billboard reduction and relocation agreement may be renewed for a period approved by the City Council with notice and public hearing, if the Council determines that findings made and conditions imposed on the original approval still apply. The renewal period if approved shall specify the new ex iration date of the agreement. Application for renewal shall be made in writing at least 180 days prior to lapse of the original approval 3. Amendments. A billboard reduction and relocation agreement may be amended in the same manner as vrovided for adoption of a billboard reduction and relocation agreement by this section, or as otherwise provided in the agreement 4. Review. All approved billboard reduction and relocation agreements may be Lnodically reviewed by the Director. Commission or other body designated by the Council, for compliance with the features of the plan and conditions of approval, at time intervals identified by the Director. The review may take place at a noticed public hearing as provided with Section 17 06 110 (Type II Public Noticing (Public Hearing)) The owner shall be notified in writing of the reviewing body's determination If the reviewing bodv finds noncompliance with the plan or the conditions of approval it may direct the Director to withhold building and other permits for anv billboards covered by the agreement until compliance is achieved and/or direct the Director to schedule a public hearing before the Council for revocation of the billboard reduction and relocation agreement. Such hearing shall be noticed as required with Section 17 06 110 (Type II Public Noticing (Pub] Hearing)) 17.28.100 Development Agreements. Subsections: A. Purpose and Interpreting Provisions. B. Application Filing, Fees, and Project Review. C. Content of Development Agreement. D. Commission and Council Actions. E. Findings. F. Execution and Recordation. G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations. H. Enforcement. I. Amendment and Cancellation of Development Agreements. J. Periodic Review. K. Violation of Agreement—Commission Review. L. Violation of Agreement—Council Review. A. Purpose and Interpreting Provisions. The purpose of this section is to provide procedures, requirements for consideration of development agreements, implementing, amending, and enforcing development agreements. Intent of Agreement. A. A development agreement is a contract between the City and an applicant for a development project, in compliance with Chapter 4, Article 2.5 (Development Agreements) in Title 7, Division 1 (Planning and Land Use) of the State Government Code. It is intended to assure to an applicant that an approved project may proceed, subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City zoning and various other policies, rules, and regulations after project,approval as included within this section. In return, the City would be p4ovided with significant, tangible benefits above and beyond those that may be required by the City through normal review procedures and project conditions of approval that would otherwise apply. b. A development agreement may also be utilized to establish procedures for the discretionary consideration of the removal and relocation of pre-existing legally established billboards to new and different locations and the substitution of billboards meeting more current standards while achieving an overall reduction in the number of billboards throughout the city in accordance with the state policy set forth in and local discretion authorized by Business and Professions Code section 5412. For purposes of this section relocation includes the removal of pre- existing, legally established billboards and the construction of new replacement billboards or alteration and upgrade of existing billboards in the same location subiect to compliance with the requirements of this section 2. Interpreting Provisions. a. In interpreting the provisions of any development agreement entered into compliance with this section, those provisions shall be read to be consistent with the language of this section, and Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code, and the agreement itself. b. Should any apparent discrepancies between the meanings of these documents arise, reference shall be made to the following documents, and in the following order: i. The plain terms of the development agreement itself; ii. The provisions of this section; and iii. The provisions of Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code. B. Application Filing, Fees, and Project Review. Applications for a development agreement shall be in compliance with this chapter. C. Content of Development Agreement. 1. Mandatory Contents. A development agreement shall contain the applicable provisions in compliance with the State Government Code including: a. The duration of the agreement, including a specified termination date; b. The uses to be permitted on the property; c. The density or intensity of use permitted; d. The minimum and/or maximum height, size and location of buildings and/or structures permitted; e. The reservation or dedication of land for public purposes to be accomplished, if any; and f The time schedule established for periodic review as required by subsection (J) of this section (Periodic Review). Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision or other ordinances, laws, or regulations applicable to the proposed development. 2. Permissive Contents. A development agreement may contain the applicable provisions in compliance with State Government Code including: a. The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods; b. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood -control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities; c. The prohibition of one (1) or more uses normally listed as a use subject to application in the underlying zone where placed; d. The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur; e. The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement; f. The requirements of specified design criteria for the exteriors of buildings and other structures, including, but limited to, the permitted uses of the property, the density and/or intensity of the use, the maximum height and size of proposed structures, signs, any land dedications, and reservations; g. The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities, including vehicular and pedestrian ingress and egress; h. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and L The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. D. Commission and Council Actions. 1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a development agreement shall be by resolution carred by the affirmative vote to the Council. If the Commission has recommended against the approval of a development agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a development agreement, provided any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). E. Findings. The review authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: The proposed development agreement complies with City zoning, subdivision, and other applicable ordinances and regulations; 2. That the proposed development agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit; Any development agreement that contains a subdivision shall comply with the provisions of Government Code Section 66473.7; 4. The following additional findings are required for a development agreement for the reduction and relocation of billboards: a. The relocated signage complies with the applicable requirements of this section Section 17.38.005 (BR — Billboard Relocation Overlay Zone), and Sectionl7.51.080 (Sign Regulations (Private Proyertv))• b. The agreement results in: i. A net reduction in the total number of legally established billboards in the city: and ii. A net reduction in the total square footage of sign area of legally established billboards in the citv. The required billboard reduction ratio shall be as specified in the development agreement. F. Execution and Recordation. Adopted by Ordinance. a. Approval by the Council of a development agreement shall be by ordinance. b. The ordinance shall not be adopted and the Mayor or Mayor's designee shall not execute a development agreement until it has been executed by the applicant. c. If the applicant has not executed the agreement, or the agreement as modified by the Council, and returned the executed agreement to the City Clerk within thirty (30) days following Council approval, the approval shall be deemed withdrawn, and the Mayor or designee shall not execute the agreement. The thirty (30) day time period may be extended upon approval of the Council. 2. Ordinance Becomes Effective. The City shall not execute a development agreement until on, or after, the date upon which the ordinance approving the agreement becomes effective. 3. Recordation of Agreement. A development agreement shall be recorded by the City Clerk with the Registrar-Recorder/County Clerk no later than ten (10) days after it is executed in compliance with Section 65868.5 of the State Government Code. 4. Development agreements approved by the Council shall be on file with the City Clerk G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations. In the event that special district, County, State, or Federal laws, mandates, or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one (1) or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply with the subsequently enacted special district, County, State, or Federal laws, mandates, or regulations. Unless modified by the development agreement, all structures shall be constructed using the building, plumbing, mechanical, electrical, and fire codes in effect at the time of building permit issuance. H. Enforcement. Responsibility for Enforcement. Unless and until amended or canceled in whole or in part in compliance with subsection (I) of this section (Amendment and Cancellation of Development Agreements), a development agreement shall be enforceable by any party to the agreement notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in subsection (G) of this section (Subsequently Enacted Special District, County, State and Federal Laws or Regulations). 2. Burden of the Agreement. The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor(s)-in-interest to the parties to the agreement. I. Amendment and Cancellation of Development Agreements. Proposed Amendment or Cancellation. A development agreement may be amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successor(s)-in-interest. 2. Initiation of Amendment or Cancellation. Either party to the agreement may propose and initiate an amendment to or cancellation of a development agreement. Amendment and Cancellation Procedures. The procedures and notice requirements for amendment or cancellation of a development agreement are the same as the procedures for entering into an agreement in compliance with this section except as otherwise set forth in the development agreement and permitted by the Government Code. 4. City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least thirty (30) days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.06 (Common Procedures). J. Periodic Review. 1. Basic Requirements for Periodic Review. Every development agreement entered into by the Council shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than twelve (12) months. 2. Procedure for Periodic Review. a. Purpose of Periodic Review. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement: i. The Director shall determine on the basis of substantial evidence that the applicant or the successor(s)-in-interest has or has not complied with the agreement; ii. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant by the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than thirty (30) calendar days, may result in legal action to enforce compliance, termination, or modification of the agreement; iii. It is the duty of the applicant or the successor(s)-in-interest to provide evidence of good -faith compliance with the agreement to the Director's satisfaction at the time of the review; iv. Refusal by the applicant or the successor(s)-in-interest to provide the required information shall be deemed prima facie evidence of violation of the development agreement; v. If, at the end of the time period established by the Director, the applicant or the successor(s)-in-interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating compliance, the Director shall notify the Commission of the findings recommending the action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement; vi. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider an applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of the hearing shall be the same as provided in this section for initiation and consideration of a development agreement; and vii. If, as a result of the hearing, the Commission finds that the applicant or the successor(s)-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending action as it deems appropriate. b. Council Actions Following Periodic Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions: Approve the recommendation of the Commission instructing that action be taken as indicated in cases other than a recommendation to terminate or modify an agreement; ii. Refer the matter back to the Commission for further proceedings with or without instructions; or iii. Schedule the matter for public hearing before the Council where termination or modification of an agreement is recommended. Procedures for conduct of the public hearing shall be the same as provided in this section for initiation and consideration of a development agreement. K. Violation ofAgreement--Commission Review. 1. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided herein for initiation and consideration of a development agreement. 2. If, as a result of such hearing, the Commission finds that the applicant or the successor - in -interest is in violation of a development agreement, it shall notify the Council of its findings, recommending such action as it deems appropriate. L. Violation ofAgreement—Council Review. Where the Commission reports the violation of a development agreement, the Council may take one (1) of the following actions: 1. Approve the recommendation of the Commission, instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement; or 2. Refer the matter back to the Commission for further proceedings with or without instructions; or 3. Schedule the matter for Council hearing where termination or modification of an agreement is recommended. Procedures for such hearing shall be as provided in Section 17.06.110 (Type II Public Noticing (Public Hearing)). (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13) 17.38.005 BR—Billboard Relocation Overlav Zone A. _. Purpose. The billboard relocation (BR) overlay zone authorizes and establishes procedures for the removal and relocation of pre-existing legally established billboards to new locations, and the substitution of billboard sign faces and structures meeting more current standards, while achieving an overall reduction in the number of billboards throughout the city. For purposes of this section relocation includes the removal of pre- existing, legally established billboards and the construction of new replacement billboards or alteration and upgrade of existing billboards in the same location subiect to compliance with the requirements of this section B. ApRlicabllitV. The billboard relocation (BR) overlay zone applies only to commercial or industrial zoned property within 300 feet from the centerline along Interstate 5 and State Route 14 as generally identified on the adopted zoning map on file in the Planning Division. c Permitted Uses. All uses shall be subiect to the requirements of the underlying zone with the exception of off-site signs Off-site signs (i.e., billboards) are a permitted use subiect to the approval of a billboard reduction and relocation agreement or development agreement for the reduction and relocation of billboards in compliance with this section D. Development Standards. All billboards and related facilities and structures approved or permitted pursuant to a billboard reduction and relocation agreement or development agreement must comply with the following requirements: 1. Avylicable Standards. All aimlicable development standards of the underlyiniz zone avply unless modified by subsections 2-8 below. 2. Sign Area. An individual billboard may have either one or two faces and may not exceed 700 square feet ver face. 3. Separation. Except as prohibited by the California Outdoor Advertising Act a billboard may be located at, or greater than500 feet from another billboard on the same side of the freeway or highway. This separation requirement is a minimum and additional distance between billboards may be required under the applicable billboard reduction and relocation agreement or development agreement 4. Location. Billboards must be located within the billboard relocation (BR) overlav zone. 5. Height. The bottom of any horizontal structure of a billboard must be a minimum of eight feet in height above the highest adjacent 2rade The maximum permitted height of a billboard, measured from the lowest adiacent grade to the top of the sign structure. is 65 feet. This standard is the maximum height permitted and a reduced height may be required under the terms of the approved billboard reduction and relocation agreement or development agreement 6. Collocation of Wireless Telecommunications Facilities Notwithstanding any of the provisions of Section 17.45.010 to the contrary, wireless telecommunications facilities may be collocated with a relocated billboard structure in anv zone upon approval of a Minor Use Permit subject to the followingdevelopment standards: a. Antenna arrays must be placed on the interior of the billboard structure• within the interior of the post or between the outer sign faces; b. Antenna arrays may not protrude above or below the sign faces: and C. Collocated wireless telecommunications facilities must conform with the development standards listed in Section 17 69 030 of this Code 7. Digital Billboards. The Council may approve a billboard reduction and relocation a¢reement or development agreement that authorizes the construction and use of digital billboards subject to the following additional provisions• a. Brightness. Digital -display faces must have a maximum brightness not to exceed 0.3 foot candles above ambient lighting from a distance of 250 feet for both the daytime and nighttime condition Briphtness may not exceed 500 nits (candela per square meter) from sunset to sunrise At all other times, brightness may not exceed 7500 nits b. Duration of Images. A digital billboard may display onlv a series of still images, each of which is displayed for at least eight seconds The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. C. Separation. No digital billboard may be placed within 1000 feet of another digital billboard on the same side of the freeway or highway. This separation requirement is a minimum and additional distance between digital billboards may be required under the applicable billboard reduction and relocation agreement or development agreement 8. In addition to comolving with the other requirements set forth in this section and anv other applicable provisions of Section 17 51.080, any relocated billboard within 660 feet of a state highwav must also comply with the requirements of the California Outdoor Advertising Act ( Chapter 2 of Division 3 of the California Business and Professions Code beginnine at Section 54001 including but not limited to. the restrictions on size, height, proximity to interstate and primary highways and landscaped freeways. To the extent anv conflict arises between this section and the Outdoor Advertising Act the Outdoor Advertising Act will rP evail. 17.51.080 Sign Regulations (Private Property) M. OJ -Site Signs. Notwithstanding any other provision of this section or code and except as permitted under Sections 17.26 100 (Billboard Reduction and Relocation Agreement) or 17 28 100 (Development Agreements), any oft -site sign, (including any billboard) that was lawfully erected prior to November 13. 1990 may be maintained and repaired in accordance with the applicable regulations of this section as a legal nonconforming use; provided, however, that such legal nonconforming use may not be expanded and must ultimately be eliminated in accordance with Section 17.05.050 (Elimination of Legal Nonconforming Uses and Structures) U. Prohibited Signs. The following signs shall be prohibited in all zones: 1. Signs which contain or utilize any of the following: a. Any exposed incandescent lamp with a rated wattage in excess of forty (40) watts; b. Any exposed incandescent lamp with an external metallic reflector; c. Any revolving beacon light; d. Any continuous or sequential flashing operation. 2. Revolving signs. 3. Signs advertising or displaying any unlawful act, business or purpose. 4. Signs emitting audible sounds, odors or particulate matter. 5. Any strings of pennants, or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons and similar attention -getting devices, with the exception of any national, State, local governmental, institutional or corporate flags, properly displayed per subsection (P)(7) of this section (Corporate Flags). 6. Devices projecting or otherwise reproducing the image of a sign or message on any surface or object. 7. Portable signs (including A -frame signs). Portable real estate signs may be permitted. 8. Temporary signs, except as otherwise specifically permitted by this section. 9. Roof signs, unless deemed historic under Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation). 10. Painted signs, except if deemed historic per Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation). 11. Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign. 12. Off-site signs, except as provided in subsections (M) (Off -Site Signs), (P)(9) (Freeway Commercial Center Signs), and (Qx4) (Subdivision Directional Signs) of this section or as provided in Sections 17.26.100 (Billboard Reduction and Relocation Agreement) and 17 28 100 (Development Agreements). 13. Commercial hand-held signs located upon property in all zones. 14. Mobile signs. 11.12.030 Signs or Billboards on Public Highways Prohibited. No person shall erect, construct, place or maintain any sign, including a billboard, in, over or on any public highway or other public right-of-way of the City except where approved pursuant to Sections or as otherwise approved by the City. (Ord. 89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13. Formerly 11. 12.040) Resolution P14-002 Exhibit C General Plan Amendment 13-003 and Zone Change 13-007 Norland Site RESOLUTION P14-002 EXHIBIT D Zone Change 13-007 Billboard Relocation Overlay Zone I - 1;.. 411 1 c >: 0-4 CI t , 1 'S-R-5 3R-0 ME 3F-14 ® and - 5 Lmomd QPMrWl1