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Ordinance adopting a Development Agreement with Outfront Foster Interstate, LLC, to allow for the installation of a 65-foot tall, double-faced, digital billboard on property located adjacent to 140 Beacon Avenue in a PG&E easement along HWY 101 & 380 in the Business Technology Park-High (BTP-H) Zoning District in accordance with Title 20 of the South San Francisco Municipal Code
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WHEREAS, Outfront Foster Interstate, LLC (“Applicant”) has a legal equitable interest in a property owned by Pacific Gas & Electric (PG&E) located adjacent to 140 Beacon Avenue (APN 015-171-999) (“Property”); and
WHEREAS, Applicant has submitted a development proposal to construct, operate, and maintain an off-premise digital message center display (“Digital Billboard”) at the Property (“Project”); and
WHEREAS, in order to construct and operate the Project, Applicant seeks approval of a Development Agreement, Design Review, and Sign Permit; and
WHEREAS, approval of the Applicant’s proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and
WHEREAS, the City Council adopted an Initial Study / Mitigated Negative Declaration (“IS/MND”) on August 26, 2015 (State Clearinghouse number 2013062062) in accordance with the provision of CEQA and CEQA Guidelines, which analyzed the potential environmental impacts of billboards along the west side of U.S. Highway 101; and
WHEREAS, on June 14, 2017, the City Council determined that modifications to sign height, increasing the height up to a total of 114 feet above grade, were minor in nature, the approval of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND adopted by the City Council, nor would it require additional environmental review; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, an addendum to the IS/MND was prepared for the Project (“2023 Addendum”) which analyzed the potential environmental impacts of billboards along the east side of U.S. Highway 101 and along with the 2015 IS/MND; and
WHEREAS, on December 21, 2023, the Planning Commission for the City of South San Francisco held a properly noticed public hearing, at which time interested parties had the opportunity to be heard, to review the Project, as well as supporting documents, prior to the Planning Commission making its decision on the Project; and
WHEREAS, on December 21, 2023, the Planning Commission considered and adopted a Resolution making findings and recommending that the City Council make a determination that the Project at 140 Beacon Avenue is fully within the scope of environmental analysis as described in the 2015 Initial Study/ Mitigated Negative Declaration (IS/MND) and that the 2023 Addendum to the IS/MND is the appropriate environmental document for the project and no further environmental review is required; and
WHEREAS, on December 21, 2023, the Planning Commission further considered and adopted a separate Resolution making findings and recommending that City Council adopt a South San Francisco Zoning Ordinance amendment to amend Section 20.360.004 to allow four (instead of three) digital billboards along the US 101 corridor; and
WHEREAS, on December 21, 2023, the Planning Commission made findings and adopted a resolution recommending the City Council approve the Design Review, Sign Permit, and Development Agreement with certain Conditions of Approval for the Project; and
WHEREAS, on March 13, 2024, the City Council for the City of South San Francisco held a lawfully noticed public hearing, at which time interested parties had the opportunity to be heard, to review the Project, as well as supporting documents, prior to the City Council making its decision on the Project; and
WHEREAS, on March 13, 2024, the City Council carefully considered and adopted a Resolution making findings and a determination that the Project at 140 Beacon Avenue is fully within the scope of environmental analysis as described in the 2015 Initial Study/ Mitigated Negative Declaration (IS/MND) and that the 2023 Addendum to the IS/MND is the appropriate environmental document for the Project and no further environmental review is required; and
WHEREAS, the City Council reviewed and carefully considered the requested Project Entitlements and the Development Agreement for the Project at the duly noticed public hearing on March 13, 2024, and all related testimony and evidence presented in the record and during the hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. FINDINGS
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by Chappell Geomatics, Inc, dated May 21, 2022; the Outfront Billboard Project and Related Zoning Amendment Initial Study/Mitigated Negative Declaration, including all appendices thereto; the 2023 Addendum to Initial Study/Mitigated Negative Declaration; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed December 21, 2023 meeting, and Planning Commission deliberations; all site plans, and all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed February 28, 2024 meeting, and City Council deliberations; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows:
A. General Findings
1. The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference.
2. The Development Agreement, attached hereto as Exhibit A, is incorporated herein by reference and made a part of this Ordinance as if set forth fully herein.
3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Chief Planner.
4. Prior to final approval of the Development Agreement, the City Council adopted a Resolution making findings, under CEQA, that the Project at 140 Beacon Avenue is fully within the scope of environmental analysis as described in the 2015 Initial Study/ Mitigated Negative Declaration (IS/MND) and that the 2023 Addendum to the IS/MND is the appropriate environmental document for the Project and no further environmental review is required.
B. Development Agreement
1. All procedural requirements for the City Council to adopt the Development Agreement have been followed.
2. The Applicant and City have negotiated a Development Agreement pursuant to Government Code section 65864 et seq. The Development Agreement, attached hereto, sets forth the duration, property, project criteria, and other required information identified in Government Code section 65865.2. Based on the findings in support of the Project, the City Council finds that the Development Agreement, vesting a project for a new digital billboard, complies with the requirements of Government Code Section 65864 et seq., and is consistent with the objectives, policies, general land uses, and programs specified in the South San Francisco General Plan and any applicable zoning regulations, as proposed for amendment by separate resolution. This finding is based upon all evidence in the Record as a whole, including, but not limited to: the City Council’s independent review of these documents, oral and written evidence submitted at the public hearings on the Project, including advice and recommendations from City staff.
3. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located. The subject site is suitable for the type and intensity of the Project being proposed. The General Plan specifically contemplates the proposed type of project and the suitability of the site for development was analyzed in the 2015 IS/MND and 2023 Addendum.
4. The proposed Development Agreement for the Project states its specific duration. This finding is based upon all evidence in the Record as a whole, including, but not limited to: the City Council’s independent review of the proposed Development Agreement and its determination that the Development Agreement shall expire thirty (30) years from the effective date of this Ordinance.
5. The proposed Development Agreement incorporates the permitted uses, density, and intensity of use for the property subject thereto, as reflected in the proposed Project, Zoning Text Amendment, and Development Agreement. This finding is based upon all evidence in the Record as a whole, including, but not limited to, the City Council’s independent review of the proposed Development Agreement and its determination that the Development Agreement sets forth the Project approvals, development standards, and the documents constituting the Project.
6. The proposed Development Agreement states the maximum permitted height and size of proposed sign structures on the property subject thereto. This finding is based upon all evidence in the Record as a whole, including, but not limited to, the City Council’s independent review of the proposed Development Agreement and its determination that the Development Agreement sets forth the documents which state the maximum permitted height and size of sign structures.
7. The proposed Development Agreement states specific provisions for reservation or dedication of land for public purposes. This finding is based on all evidence in the Record as a whole, including, but not limited to, the City Council’s independent review of the Development Agreement.
8. The Development Agreement is in conformity with public convenience, general welfare, and good land use practice in that the project will implement guidelines set forth in the General Plan, which encourage the City to consider opportunities for enhancement of financing tools in order to fund various economic development initiatives and to actively market South San Francisco.
9. The Development Agreement will not be detrimental to the health, safety, and general welfare because the Project will proceed in compliance with all of the policies and programs specified in the General Plan and in compliance with all applicable zoning, subdivision, and building regulations of the City of South San Francisco.
10. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the Project will be consistent with the General Plan.
SECTION 2. Approval of Development Agreement.
1. The City Council of the City of South San Francisco hereby approves the Development Agreement with Outfront Foster Interstate, LLC attached hereto as Exhibit A and incorporated herein by reference.
2. The City Council further authorizes the City Manager to execute the Development Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make revisions to such Agreement, subject to the approval of the City Attorney, which do not materially or substantially increase the City's obligations thereunder.
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, including the application of such section, subsection, sentence, clause, or phrase to other persons or circumstances, and the remaining portions of this Ordinance shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco held the 28th day of February, 2024.
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