Item Coversheet

Agenda Item - 5.a.


City of Garden Grove


INTER-DEPARTMENT MEMORANDUM

To:Scott C. Stiles

From:Lisa L. Kim
Dept.:City Manager 

Dept.: Community and Economic Development 
Subject:

Adoption of a Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adoption of a Resolution approving a Billboard Removal and Relocation Agreement.  (Action Item)

Date:12/10/2019

OBJECTIVE

To transmit a Planning Commission recommendation to City Council for adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of a Billboard Removal and Relocation Agreement for the relocation of two billboard structures to be converted into one double-sided electronic digital billboard along the Garden Grove (22) Freeway Corridor.

BACKGROUND

On November 7, 2019, the Planning Commission approved Site Plan No. SP-076-2019 for the relocation/ removal of two (2) billboard structures and convert them into one (1) 50-foot tall, two-sided electronic billboard located along the Garden Grove (22) Freeway Corridor, at 12862 Garden Grove Boulevard.  The Planning Commission also recommended that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.  During public review of the Initial Study/Mitigated Negative Declaration (IS/MND), the City received a letter from the State of California, Department of Transportation, District Office 12.  In summary, the letter provided comments regarding potential motorist distractions with the installation of the proposed electronic billboard, attached is the Final IS/MND with a copy of the letter and response.

 

The design of the sign includes a metal clad single-support with two (2), 14 foot by 48 foot (672 square foot) electronic digital reader board sign faces that will be oriented toward the Freeway, facing both east and west bound traffic.  The 50-foot sign height was determined to be the appropriate height via a flag test in order to maintain adequate visibility to freeway traffic.

 

City Code requires that for every billboard face proposed to be relocated/converted to an electronic billboard face along the Garden Grove (22) Freeway Corridor, two (2) vinyl billboard faces shall be removed.  The Applicant has proposed to remove two (2) structures with four (4) billboard faces within the City in order to install the double-sided billboard along the freeway right-of-way.  Staff believes that the two (2) structures that were chosen would have the most impact in improving the visual aesthetics in the areas in which they are located.  The two (2) billboard structures to be relocated/removed are noted in the attached Planning Staff Report.

DISCUSSION

Billboard Removal and Relocation Agreement

The proposed Billboard Relocation Agreement (Agreement) provides for the permanent removal of two existing billboard structures with a total of four sign faces owned by Outfront Media within the City to consider the proposed new electronic billboard face erected along the Garden Grove (22) Freeway Corridor.  The Agreement requires the owner to comply with any and all required mitigation measures, conditions of approval, applicable provisions of City Code; indemnify, defend and hold harmless the City, as well as provides for the payment of applicable fees and costs.

 

The Agreement provides for 30-year term comprised of an initial term of fifteen (15) years with an option for an additional fifteen (15) year term.

 

The following is the summary of the Mitigation Fee(s) to be paid by Outfront Media, LLC, to assist in mitigating the aesthetic, cultural, economic, and other impacts of the proposed project on the City.  The Mitigation Fee(s) will not exceed a total amount of $2,718,769.82 and paid annually over a period of 30-years.

 

Key Terms

Proposed Mitigation Fee(s)

Description

One-time Processing and Mitigation Fee  $10,000 Processing fee to be paid within 15 days after agreement approval. 

One-time

Mitigation Fee

$125,000

To be paid upon 90-days following development approvals.

Initial Term

(Years 1-15)

$1,155,841

Mitigation fee paid annually. Increase 2.25% applied annually beginning Year 3.

Extension Term

(Years 16-30)

$1,562,929

Mitigation fee paid annually. Increase 2.25% applied annually on Year 16 through Year 30.

9th Flip

N/A

Provide access to a 9th flip for community messaging purposes.

 

Mitigated Negative Declaration

In conjunction with the proposed project, the City has prepared and finalized an IS/MND and Mitigation Monitoring and Reporting Program in accordance with the California Environmental Quality Act (CEQA) analyzing the potential impacts of the proposed electronic billboard.  The IS/MND concludes that the proposed project will have no impact, or a less than significant impact, on all relevant environmental factors provided specified mitigation measures are in compliance. These mitigation measures are incorporated as Conditions of Approval to the proposed Site Plan.

FINANCIAL IMPACT

None.

RECOMMENDATION

It is recommended that the City Council:

 

  • Conduct a public hearing;

 

  • Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program

 

  • Adopt the Resolution approving the Billboard Removal and Relocation Agreement with Outfront Media, LLC; and

 

  • Authorizing the City Manager to execute the Agreement on behalf of the City Council.

 

By:  Paul Guerrero, Sr. Program Specialist

 




ATTACHMENTS:
DescriptionUpload DateTypeFile Name
CC Resolution - MND and MMP 12/5/2019Resolution12-10-19_CC_Mitigated_Negative_Declaration_and_Mitigation_Monitoring_and_Reporting_Program.pdf
CC Resolution - billboard agreement w Outfront Media12/5/2019Resolution12-10-19_CC_Billboard_Relocation_and_Removal_Agreement_with_Outfront_Media.pdf
Billboard Removal and Relocation Agreement12/5/2019AgreementBillboard_Removal_and_Relocation_Agreement_with_Outfront_Media_Attachment_Revised_12.04.2019_for_staff_report.pdf
Final Initial Study Mitigated Negative Declaration11/30/2019Backup Material13617_20191121_Outfront_Media_Garden_Grove_Final_ISMND.pdf
Planning Commission Staff Report SR-076-2019 11/30/2019Backup MaterialPlanning_Commission_Staff_Report_SR-076-2019_Garden_Grove_Billboard.pdf
Planning Commission Resolution No. 5967-19 with Exhibit A - Conditions of Approval11/30/2019ResolutionPlanning_Commission_Resolution_No._5967-19_with_Exhibit_A_-_Conditions_of_Approval.pdf
Planning Commission SP-076-2019 Minute Excerpt of November 7, 201911/30/2019MinutesPlanning_Commission_SP-076-2019_Minute_Excerpt_of_November_7__2019.pdf