On September 15, 2016, the Planning Commission approved Site Plan No. SP-027-2016 and Variance No. V-013-2016 for the relocation/removal of three (3) billboard structures and convert them into one (1) 75-foot tall, two-sided electronic billboard located along the Garden Grove (22) Freeway Corridor, at 13512 Newhope Street. The associated Variance approval allows the electronic billboard to be located within 350 feet of a residentially zoned property. The Planning Commission also recommended that City Council adopt a Mitigated Negative Declaration and Mitigation Reporting Program. The motion passed with five affirmative votes, with two Commissioners being absent. Other than the Applicant, no one from the public spoke in opposition to or in favor of the project.

The design of the sign includes a metal clad single-support with two (2), 14 foot by 48 foot (672 square feet) electronic reader board sign faces that will be oriented toward the Freeway, facing both east and west bound traffic. The 75-foot sign height was determined to be the appropriate height in order to maintain adequate visibility to freeway traffic.

City Code requires that for every billboard face proposed to be relocated/converted from within the city to an electronic billboard face along the Garden Grove (22) Freeway, two (2) vinyl billboard faces shall be removed.  The Applicant has proposed to remove (3) billboard structures with five (5) billboard faces elsewhere within the city in order to install the double-sided billboard along the freeway right-of-way. Staff believes that the three (3) structures that were chosen would have the most impact in improving the visual aesthetics in the areas in which they are located. The three (3) billboard structures to be relocated/removed are noted in the attached Planning Staff Report.

In regard to the Variance, City Code provides that no electronic billboard shall be located within 350 feet of any residentially zoned property, as measured from the structural support column of the electronic billboard to the property line. The subject electronic billboard is proposed to be located 253 feet from the R-3 (Multiple-Family Residential) zone to the north, across Trask Avenue; 303 feet from the R-1 (Single-Family Residential) zone to the northwest, across Newhope Street and Trask Avenue; and 308 feet from the R-1 zone to the southwest, across Newhope Street and the Garden Grove (22) Freeway. Thus, in order for the Applicant to construct the electronic billboard as proposed, the Planning Commission approved a Variance from this 350-foot limitation.

It was determined that the Variance is justified in this case because installation and operation of an electronic billboard at the proposed location will not have a negative impact on nearby residential uses that the 350-foot distance limitation is intended to prevent. The two properties within 350 feet of the proposed sign to the north and northwest are residentially zoned, but are actually developed with assembly uses (an Elk's Lodge and a church), not residential uses, and only portions of the parking lots of these properties will be within the 350 foot radius of the sign. The residential property located within 350 feet of the proposed sign on the southwest side of the freeway will not maintain views to the sign due to the elevation of the freeway and the sound barrier wall that is built along the Freeway right-of-way. Further, any potential impacts to these properties, or other properties in the vicinity of the sign, will be mitigated through the proposed Conditions of Approval regulating the construction and operation of the electronic billboard.

Billboard Removal and Relocation Agreement:

In regard to the proposed Billboard Relocation Agreement, the City Code requires the Applicant, as a condition of approval of a Site Plan Review Application, to enter into a Billboard Relocation Agreement with the City. The agreement requires the permanent removal of a minimum of two (2) existing billboard faces within the city for each new electronic billboard face erected or installed; provides for mitigation by the owner of aesthetic and/or other impacts caused by the electronic billboard(s); requires the owner to comply with any and all required mitigation measures, conditions of approval, and applicable provisions of City Code; provides for the payment by the owner of applicable fees and costs; requires each owner to indemnify, defend and hold harmless the City from any and all claims, lawsuits, awards, and judgments, including any reasonable attorney's fees and court costs, that may arise from the approval of the relocation and/or conversion of a billboard to an electronic billboard and/or the removal of other existing billboards, pursuant to this section of any other provision of the Code, subject to the terms of the agreement.

The terms of the Billboard Relocation Agreement is a 30-year contract between the City of Garden Grove and Outfront Media, LLC. The agreement includes the objective to utilize areas adjacent to the Garden Grove (22) Freeway Corridor in exchange for the removal of billboards elsewhere in the city in exchange for the relocation of three billboard structures with five sign faces to be relocated along the Garden Grove (22) Freeway corridor and convert them to a double-faced electronic billboard along with the payment of Process and Mitigation Fees. The Process Fee is in the amount of $10,000 and defrays the costs of negotiating and preparing the Billboard Relocation Agreement. The Mitigation Fee is an annual fee paid by Outfront Media, LLC, to the City to assist in mitigating the aesthetic, cultural, economic, and other impacts of the project on the City. The Mitigation Fee total will not exceed $1,577,254.51 and is paid out annually over a period of 30 years.

Mitigated Negative Declaration:

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

It is recommended that the City Council:

• Adopt the Resolution adopting a Mitigated Negative Declaration and Mitigation Reporting Program; and

• Adopt the Resolution approving the Billboard Relocation Agreement with Outfront Media LLC; and authorizing the City Manager to execute the Agreement.

By: Lee Marino, Senior Planner