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HomeMy WebLinkAbout2. PLN-12-00164 - 7878 TelegraphSTAFF REPORT DATE: JUNE 19, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-12-00164 (CONDITIONAL USE PERMIT, VARIANCE, DEVELOPMENT AGREEMENT, AND MITIGATED NEGATIVE DECLARATION) – A REQUEST TO CONSTRUCT AND OPERATE AN ELECTRONIC BILLBOARD AND DEVIATE FROM THE MAXIMUM ALLOWABLE SIZE AND HEIGHT. LOCATION: 7878 TELEGRAPH RD (AIN 636 7-001-905 & 6367-001-906) ZONING: M-1 (LIGHT MANUFACTURING) REPORT SUMMARY The proposed Conditional Use Permit, Variance, Development Agreement, and Mitigated Negative Declaration (PLN-12-00164) is a request to construct a 55’ tall electronic billboard with two displays that are 672 square feet. The display surface supports an image generated by light emitting diodes (LED), which changes approximately every eight seconds. The displays will be oriented in a manner that they are readable to driv ers traversing both directions on the Interstate 5 Freeway. The Conditional Use Permit allows the operation of the sign; the Variance is a request to deviate from the standards in Municipal Code Section 9622 in order to exceed the maximum allowable height and display area of a billboard; the Development Agreement allows City and the Property Owner to mutually agree on the operation of the sign, and the Mitigated Negative Declaration provides mitigation measures to reduce potential environmental impacts to a level that is considered to be less than significant. Based on the analysis contained within this report and the attached Initial Study for a Mitigated Negative Declaration, staff feels that all required findings to approve the project can be made in a positive manner; as such, staff is recommending the Planning Commission adopt the following titled resolutions: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A CONDITIONAL USE PERMIT AND VARIANCE (PLN-12- 00164), THEREBY ALLOWING THE OPERATION OF AN ELECTRONIC BILLBOARD ON PROPERTY LOCATED AT 7878 TELEGRAPH RD, ZONED M-1 (LIGHT MANUFACTURING). A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL ENTER INTO A DEVELOPMENT AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO AGREE ON THE PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA INSTALLATION AND OPERATION OF AN ELECTRONIC BILLBOARD ON PROPERTY LOCATED AT 7878 TELEGRAPH RD, ZONED M-1 (LIGHT MANUFACTURING). BACKGROUND The subject site is located on the south side of Telegraph Rd, between Tweedy Lane and the City’s western boundary. The site has a General Plan Land Use Designation of Public and is zoned M-1 (Light Manufacturing). The site is an irregular shaped lot that is approximately nine acres in size. It is currently improved with a maintenance facility for the Los Angeles County Metropolitan Transportation Authority (Metro) Non-Revenue Vehicle Division, which includes two single story building that are approximately 28,600 square feet and 3,600 square feet in size, respectively. The remainder of the site is improved with asphaltic concrete and used for storage of vehicles, employee/visitor parking, and the storage of various other types of equipment. Other than the landscaping within the street setback, the site is void of vegetation. The northwest side of the parcel is bounded by the Rio Hondo Channel, which is a tributary to the Los Angeles River. This portion of the channel is concrete lined and primarily serves as flood control. Across the Rio Hondo is a parcel in the City of Commerce, which is improved with a three-story motel. The northeast side of the site is bounded by Telegraph Rd, a six lane primary arterial that divides the City of Downey and the City of Pico Rivera. Telegraph Rd has approximately 28,000 average daily vehicle trips. Across Telegraph Rd (within the City of Pico Rivera) are multiple parcels that contain truck leasing and repair facilities. The southeast side of the site is bounded by single family homes that are located on Rives Ave (a residential street). These homes have a General Plan Land Use Designation of Low Density Residential and are within the R-1 5,000 (Single-Family Residential) zone. The southwest side of the site is bounded by the Interstate 5 (Santa Ana Fwy), which is the primary north-south interstate highway on the west coast of the United States. The I-5 has eight travel lanes (four in each direction) and has approximately 233,000 average daily vehicle trips. Across the I-5 are single family homes. These homes have a General Plan Land Use Designation of Low Density Residential and are within the R-1 6,000 (Single-Family Residential) zone. On May 29, 2012, the applicant (Allvision LLC) submitted the request for a Conditional Use Permit, Variance, Development Agreement, and Mitigated Negative Declaration (PLN-12-00164). This application was subsequently deemed incomplete due to additional information being needed. Upon the submittal of the remainder information to the City, staff deemed the request complete on April 19, 2013. On May 16, 2013, notice of the pending application was published in the Downey Patriot , mailed to all property owners within 500’ of the subject site, posted in the Los Angeles County Recorder’s Office, and posted at the Governor’s Office of Planning and Research State Clearinghouse. . CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 2 Area of Billboard DISCUSSION/ANALYSIS The proposed project is to allow the construction and operation of a 55 foot tall electronic billboard with two display areas, each of which is 672 square feet. The proposed sign would be installed on a sign structure in the northwestern area of the 9-acre project site adjacent to the Interstate 5 freeway. This location will provide an approxi mate 475’ separation between the sign and the adjoining residential properties. The sign displays are 48 feet wide by 14 feet tall mounted on a 48 foot tall pole with the overall height being 55 feet above the adjacent grade. The base and foundation of the sign is approximately six feet by six feet. The two display faces would be oriented in a “V” shape, such that the displays face the two directions of highway traffic on Interstate 5 (see adjoining photo simulation). The proposed location of the billboard is situated such that it will not impact future widening of the freeway. To further ensure this, State law requires a separate permit from Caltrans. Photo simulation of billboard as seen driving north on I-5 An “LED” sign consists of a display surface that supports an image generated by light emitting diodes (LED). The sign structure would have two display surfaces facing opposite directions. The image on the sign will remain static for an average period of time of eight seconds per message (no less than four seconds per message), before cycling to the next image. The sign will typically require maintenance two to six times per year. Signs can be serviced from the front or rear of the sign, however due to the proposed location of the sign it will most likely be serviced from the rear. Service calls range from two to five hours depending on the level of service needed. The Conditional Use Permit is required for approval of the location of the sign and to address long- term operating conditions of the sign. The Variance is required to allow the applicant to deviate from the maximum allowable 35 foot height for billboards (proposal is 55 feet) and the maximum allowable 300 square foot display area (proposal is 672 square feet). Staff has researched other signs that orient towards freeways and noted that the proposed 672 square feet display area is an industry standard. The additional height is needed to make the sign visible to motorist as the approach the site. CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 3 The Development Agreement allows the City and the Property Owner (METRO) to mutually agree on the installation and operation of the sign. The agreement entitles METRO with the right to construct and operate the sign without the City requiring further discretionary review (beyond the project approvals). In consideration, the City will receive a development fee ($80,000/year or 25% net revenue, which ever is greater), availability to advertise on the sign (one slot for one month per year), and a guarantee certain advertisements will not be displayed (tobacco, adult uses, etc). The Development Agreement is valid for 20 years with a one time ten year extension. Upon expiration of the Development Agreement the property owner will have 90-days to remove the sign. It should be noted that the Development Agreement is considered a legislative action, thus requires City Council approval. Pursuant to Municipal Code Section 9622, billboards are only permitted in the M-1 (Light Manufacturing) and M-2 (General Manufacturing) zones. The subject site is the only parcel within the City of Downey that has visibility on I-5 freeway that meets this requirement (there are two additional parcels off the I-105 freeway with sim ilar visibility). A windshield survey of the I-5 has resulted that there are no other billboards on the I-5 freeway within the City’s boundaries. In addition to the zoning limitation, Municipal Code Section 9622 sets the following standards for new billboards: Standard Requirement Proposed Note Separation between signs 500’ Sign is within City of Commerce 550’ Setback to street intersection 200’ Rives Ave and Brookpark Rd 580’ Setback to residential zone 300’ 475’ Setback to building on adjoining 25’ 520’ property Setback to street property line 200’ 586’ Maximum size 300 s.f. 672 s.f Variance requested Maximum height 35’ 55’ Variance requested Maximum number support posts 2 1 As noted in the table above, the proposed billboard meets all of the requirements for a new billboard, except the height of the sign and the display area. The additional height is being requested do to the grade difference between the subject site and the freeway. The additional 20’ height will make the billboard readable to drivers on the I-5 freeway. In addition to the height, the applicant is proposing to exceed the maximum 300 square foot limit on the display to provide a 672 square foot display. Staff has researched several other billboard companies and has noted that the 672 square foot display area is standard for freeway oriented billboards. Staff’s initial concern regarding the proposed billboard was from potential illumination impacts created from the sign. Most particularly, impacts created from the sign brightness and the amount of light projected from the sign at night. As noted in the environmental analysis section of this report below, potential impacts can be mitigated to be less than significant. This includes limiting the nighttime brightness of the billboard to be less than 800 nits (about equivalent to a high end television). It also includes limiting the light projection to no more than 0.3 foot-candles above ambient light at a distance of 250 feet from the sign. Furthermore, it should be noted that the sign will be equipped with a light sensor that can measure the ambient light and adjust the brightness accordingly. With these provisions, staff is of the opinion that the sign will not create light imparts on the area. Staff’s second concern was the visibility of the sign to the surrounding area. Accordingly, the applicant prepared a view impact analysis for the sign. This was accomplished by using a crane CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 4 to denote the upper corner of the sign, taking photos from 19 different locations, and digitally projecting the whole sign on the photos. The result of the analysis was then sign is not visible from ten of the locations, partially visible from five locations and fully visible from four locations. Notwithstanding this, it is staff’s belief that the project conditions, mitigation measures, and development agreement will prevent the visibility of the sign from creating a significant impact to the surrounding are a. In addition to the aforementioned concerns, the conditions of approval, mitigation measures, and development agreement will prohibit the sign from emitting noise, advertising offensive material, and in staff’s opinion creating a nuisance to the area. View Analysis ENVIRONMENTAL ANALYSIS In accordance with the provisions of the California Environmental Quality Act (CEQA), staff has prepared an Initial Study for Environmental Impacts (attached) on the proposed project. During this analysis staff looked at potential impacts from air quality, traffic, noise, and geology among others. It was found that the billboard could have a potential significant impact on aesthetics and transportation/traffic. Aesthetics Impacts to aesthetics primarily come from light and glare. Even though the area has considerable sources for light and glare, staff felt that left uncontrolled, the sign could create significant new light and glare. As such, the following mitigation measures are being recommended to address impacts to aesthetics: AES01: Lighting levels on the digital sign shall not exceed 0.3 foot candles above ambient light from a distance of 250 feet, as measured according to standards of the Outdoor Advertising Association of America (OAAA). AES02: Brightness shall not exceed 800 nits (candela per square meter) from sunset to sunrise. At all other times, brightness will not exceed 7500 nits. AES03: Illumination shall be directed such that minimal light spill will occur on either side or the top or bottom of the sign face. AES04: A light sensor shall be installed with the sign to measure ambient light levels and to adjust light intensity to respond to such conditions. The light sensor adjusts the sign’s brightness in order to compete with ambient light. The darker the surrounding ambient light, the less bright the sign is. AES05: The sign shall not display any moving, flashing, scrolling, fading, brightening or animated text or video. CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 5 AES06: Signage shall be controlled remotely and include remote maintenance software. AES07: LED lighting has a directional nature, and the projected viewing angle values for this sign shall be ± 30° vertically and ± 60° horizontally. Louvers shall be located above each row of lights to prevent light from projecting upward into the sky. AES08: No sign shall advertise any adult or sexually oriented businesses, tobacco-related products, or other content that contains any obscene or profane language. Transportation/Traffic Potential impacts to transposition/traffic result from design features. Particularly, the initial study identified the potential from displays distracting drivers on the I-5 freeway. As with the aesthetic impacts, however, staff feels that they can be mitigated to a less than significant level. The recommended mitigation measures are: TRA01: The applicant shall obtain all required permits from Caltrans regarding Highway Oriented Signs TRA02: Signs shall not be placed with illumination that interferes with the effectiveness of or obscures any official traffic sign, device or signal. TRA03: Signs shall not include or be illuminated by flashing, intermittent or moving lights (except that part necessary to give public service information such as time, date, temperature, weather or similar information). TRA04: Signs 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. TRA05: Duration of all displays shall be a minimum of four seconds with a one to four second transition time between displays. Other Even though no other significant impacts were found, the initial study identified additional mitigation measures that should be included with the project. This includes the following: Air Quality: AIR01: The applicant shall comply with all mitigation measures contained in the City of Downey General Plan (Vision 2025) regarding air quality impacts. AIR02: During construction, the applicant shall comply with all BMP’s contained in SCAQMD's Rule 403 for fugitive dust control. Geology and Soils: GEO01: The applicant shall follow all recommendations and conclusions contained in the Geotechnical report prepared by RMA Group and dated February 26, 2013 Noise: NOI01: The sign shall not emit any verbal announcement or noises of any kind. CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 6 With the implementation of these mitigation measures, it is staff’s belief that the billboard will not have a significant effect on the environment. As such, staff is recommending the Planning Commission adopt the Mitigated Negative Declaration. FINDINGS Conditional Use Permit Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving the Conditional Use Permit. A discussion of the findings follows: A. The requested Conditional Use Permit will not adversely affect the purpose and intent of the zoning code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of Public and zoning of M-1 (Light Manufacturing). It is the intent of the Public land use designation to provide areas used by public agencies for facilities that su pport community services, such as the existing maintenance facility on the site; whereas it is the intent of the M-1 zone to provide an orderly development and grouping of light manufacturing uses. The existing use on the site is consistent with the zoning and the General Plan since the vehicle repair facility (an M-1 use) is for a public agency. The proposed billboard is a conditionally permitted use in the M-1 zone, which in staff’s opinion is consistent with light manufacturing uses, such as the repair facility. Furthermore, the proposed billboard meets or exceeds all development standards, with exception to the maximum allowable height and display area. Nonetheless, the applicant has requested approval of a Variance to allow these deviations, and upon approval of such, it is staff’s opinion that the proposed billboard is consistent with the Zoning Code and will not impact the intent thereof. As previously noted, the General Plan Land Use Designation is intended to support facilities like the Metro maintenance facility. The proposed sign is located on the northwest corner of the site and will not impact the operations of the site. Therefore, approval of the sign will not impact the General Plan Land Use Designation. In reviewing the General Plan, staff noted General Plan Program 8.1.1.8, which states “Promote good quality sign design” and General Plan Goal 9.3, which says “Ensure the continued fiscal balance of the community.” Staff is of the opinion that the proposed sign is a high quality design that will blend with the project site. Furthermore, since the property owner will be paying an annual development fee for the sign, this approval will contribute to the fiscal balance of the City. As such, staff feels the approval of this Conditional Use Permit is consistent with the General Plan and will not impact the intent thereof. Finally, based on the analysis contained within this report, staff believes the conditions of approval and mitigation measures will prevent the sign from having an adverse impact on the public convenience or general welfare of persons residing or working in the neighborhood. CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 7 B. The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The subject site is approximately nine acre s in size and currently improved with the Metro Non-Revenue Vehicle Division maintenance facility. The proposed sign is located on the northwest corner of the site, adjacent to the Interstate 5 freeway and the Rio Hondo Channel. The location of the sign is sufficiently setback from Caltrans right-of- way so it will not hinder future widening of the freeway. To ensure the sign cannot impact the freeway, state law requires Caltrans to review (under separate permitting) thus making sure it will not impact freeway operations. With regards to the Rio Hondo Channel, the primary purpose of the channel is flood control. The billboard is located outside of the flood control property and it will not reduce capacity of the channel or otherwise have an impact the Rio Hondo. In addition to the properties immediately adjacent to the billboard, there are residential properties approximately 475 feet to the east of the sign. Based on the analysis contained in this report and attached initial study, it is staff’s opinion that implementation of the conditions of approval and mitigation measures will prevent the sign from having an adverse impact on these properties. This in cludes preventing the sign from impacting lights and glare, noise, and displaying offensive material. With these provisions, staff is of the opinion that approval of the billboard will not adversely affect the adjoining land uses and the growth and development of the area. C. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The subject site is an approximate nine acre irregular shaped lot that is currently improved with the Metro Non-Revenue Vehicle Division maintenance facility which includes an approximate 28,600 square foot single story building and an approximate 3,600 square foot single story building. The remainder of the site is improved with asphaltic concrete and used for storage of vehicles, employee/visitor parking, and the storage of various other types of equipment. The sign will occupy about 30 square feet at the base of the sign in an area used for outdoor storage. It is staff’s opinion that this will not impact Metro’s ability to operate at the site and is an insignificant loss of storage area. As such, staff feels the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Even though the sign is designed to be viewed from the Interstate 5 freeway, access to the sign is across the subject site from Telegraph Rd. The proposed billboard is unmanned with all displays being remotely managed. The only traffic generated by the project will be from maintenance of the sign, which only requires two to six visits annually. Inasmuch as there are approximately 28,000 average daily vehicle trips currently on Telegraph Rd, the additional maintenance trips to the site create an insignificant amount of traffic. As such, staff believes that the minimal additional traffic will not impose a burden on Telegraph Rd. CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 8 Variance Pursuant to Municipal Code Section 9826.08, there are six (6) findings that must be adopted prior to the Planning Commission approving the Variance. A discussion of the findings follows: A. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures or buildings in the same vicinity and zone . The construction of new billboards within the City of Downey is only permitted in the M-1 and M-2 zones. The subject site is the only site north of Firestone Blvd that is zoned M-1 (there are no M-2 zoned parcels north of Firestone) and only one of three parcels in the City that has the proper zoning for billboards and visibility to a freeway (the other two are adjacent to the I-105). It is staff’s opinion that the subject site is unique from the other two parcels since the finished grade of the subject site is below the grade of the freeway, whereas the other two have finished grades above the freeway. This is to say of the over 23,000 parcels in the City of Downey, approximately 260 are either zoned M-1 or M-2 and only three of these have visibility to the freeway. Since this is the only parcel in the City of Downey that meets the zoning, is visible to the freeway, and has a finished grade that is lower than the freeway, staff is of the opinion that an extraordinary circumstance exists that is not generally applicable to other lands, structures or buildings in the same vicinity and zone. B. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. The applicant’s request is to construct the sign with a height of 55’ instead of the 35’ limit and allow a 672 square foot display area instead of the 300 square foot allowance. As noted in the previous finding, the subject site is one of three in the City that has the proper zoning and freeway visibility for the billboard. Unfortunately, due to the grade difference between the freeway and the subject site, the literal interpretation of the zoning code would make the sign unreadable to motorist on the I-5 freeway. In comparison to billboards installed on any street within the City with slower traffic speeds, the extra size is also needed to make the sign readable. Staff believes the combination of the grade difference and higher speeds of traffic on the freeway make the variance necessary to allow the property owner to enjoy the same rights that would be commonly enjoyed by other properties in the same vicinity and zone. C. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. As noted in the first finding in this section, the extraordinary circumstance that exists is the subject site is the only parcel in the City that meets the zoning for billboards, is visible to the freeway, and has a finished grade that is lower than the freeway. Notwithstanding this, the zoning is the result of the City’s action, whereas the grade differential is the result of Caltrans freeway construction. It is staff’s opinion that neither the applicant (Allvision) nor the property owner (Metro) had direct or indirect action in creation of the extraordinary circumstance. CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 9 D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. As previously noted, it is staff’s opinion that a one of a kind circumstance exists on the property that justifies the need for the variance. Other parcels in the M-1 or M-2 zone would be permitted to install billboards that meet the development code and are readable to passing traffic. As such, staff believes approval of this Variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone. E. The granting of such variance will be in harmony and not adversely affect the General Plan of the City. The subject site has a General Plan Land Use Designation of Public. It is the intent of the Public Land Use Designation to provide areas for public agencies for facilities that support community services, such as the existing maintenance facility on the site. The proposed sign is located on the northwest corner of the site and will not impact the operations of the site. Therefore, approval of the sign will not impact the General Plan Land Use Designation. In reviewing the General Plan, staff noted General Plan Program 8.1.1.8, which states “Promote good quality sign design” and General Plan Goal 9.3, which says “Ensure the continued fiscal balance of the community.” Staff is of the opinion that the proposed sign is a high quality design that will blend with the project site. Furthermore, since the property owner will be paying an annual development fee for the sign, this approval will contribute to the fiscal balance of the City. As such, staff feels this approval is in harmony and will not have an adverse affect the General Plan thereof. F. That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The applicant has requested to deviate from the maximum allowable height for billboards, thus increasing the billboard from 35’ to 55’. Additionally, the applicant has requested to have a 672 square foot display area instead of the allowable 300 square foot display area. It is staff’s opinion that these increases are the minimum needed to make the sign readable form the I-5 freeway. The proposed height, in staff’s opinion, is needed due to the grade difference; and the proposed display, in staff’s opinion, is needed to make it readable. As such, staff feels that the proposed variance is the minimum variance that will make the project possible. Development Agreement Government Code Section 65867.5(b) requires that the City find the Development Agreement is consistent with the General Plan. In considering this, staff notes the subject site has a General Plan Land Use Designation of Public. It is the intent of the Public Land Use Designation to provide areas for public agencies for facilities that support community services, such as the existing maintenance facility on the site. The proposed sign is located on the northwest corner of the site and will not impact the operations of the site. Therefore, approval of the sign will not impact the General Plan Land Use Designation. In reviewing the General Plan, staff noted General Plan Program 8.1.1.8, which states “Promote good quality sign design” and General Plan Goal 9.3, which says “Ensure the continued fiscal balance of the community.” Staff is of CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 10 the opinion that the proposed sign is a high quality design that will blend with the project site. Furthermore, since the property owner will be paying an annual development fee for the sign, this approval will contribute to the fiscal balance of the City. As such, staff feels the staff feels this approval is consistent with the General Plan. CORRESPONDENCE As of the date that this report was printed, staff has one letter regarding this project. An email was received from a Mr. Mitch Collier (attached), who states he is opposed to the proposed billboard. He feels that the billboard would impact the enjoyment of his life and potentially reduce the value of is property. CONCLUSION Based on the analysis contained within this report and attached Mitigated Negative Declaration, staff is concluding that the applicant can construct and operate the digital billboard, without creating significant adverse impacts to the ar ea, provided that all conditions of approval, mitigation measures, and provisions of the development agreement are adhered to . Furthermore, as noted above, staff believes that all four findings required to approve a Conditional Use Permit and all six findings required to approve a Variance can be made in a positive manner . As such , staff is recommending that the Planning Commission adopt a Mitigated Negative Declaration and approve the Conditional Use Permit and Variance (PLN-12- 00164) , subject to the recommended conditions of approval. Furthermore, staff is recommending that the Planning Commission recommend that the City Council enter into a development agreement with the Los Angeles County Metropolitan Transportation Authority (Metro) regarding the long term operation of the billboard. CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 11 Exhibits Loc ation Ae rial Photograph CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 12 500’ Radius Zoning CUP, VAR, DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 13 RESOLUTION NO. ___________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A CONDITIONAL USE PERMIT AND VARIANCE (PLN-12- 00164), THEREBY ALLOWING THE OPERATION OF AN ELECTRONIC BILLBOARD ON PROPERTY LOCATED AT 7878 TELEGRAPH RD, ZONED M-1 (LIGHT MANUFACTURING). THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On May 29, 2012, the applicant (Allvision LLC) submitted the request for a Conditional Use Permit, Variance, Development Agreement, and Mitigated Negative Declaration (PLN-12-00164). This application was subsequently deemed incomplete due to additional information being needed; and, B. On April 19, 2013, the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete; and, C. On May 16, 2013, notice of the pending application was published in the Downey Patriot , mailed to all property owners within 500’ of the subject site, posted in the Los Angeles County Recorder’s Office, and posted at the Governor’s Office of Planning and Research State Clearinghouse; and, D. The Planning Commission held a duly noticed public hearing on June 19, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that unless mitigated the project could have a significant environmental impact. As such the Initial Study/Mitigated Negativ e Declaration was circulated for public review from May 17, 2013 to June 17, 2013. Based on its own independent judgment that the facts stated in the initial study are true, the Planning Commission hereby adopts a Mitigated Negative Declaration of Environmental Impacts. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. The requested Conditional Use Permit will not adversely affect the purpose and intent of the zoning code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of Public and zoning of M-1 (Light Manufacturing). It is the intent of the Public Land Use Designation to provide areas used by public agencies for facilities that support community services, such as the existing maintenance facility on the site; whereas it is the intent of the M-1 zone to provide an orderly development and grouping of light manufacturing uses. The existing use on the site is Resolution No. Downey Planning Commission consistent with the zoning and the General Plan since the vehicle repair facility (an M-1 use) is for a public agency. The proposed billboard is a conditionally permitted use in the M-1 zone, which is consistent with light manufacturing uses, such as the repair facility. Furthermore, the proposed billboard meets or exceeds all development standards, with exception to the maximum allowable height and display area. As such, the proposed billboard is consistent with the Zoning Code and will not impact the intent thereof. Furthermore, the General Plan Land Use Designation is intended to support facilities like the Metro maintenance facility. The proposed sign is located on the northwest corner of the site and will not impact the operations of the site. Therefore, approval of the sign will not impact the General Plan Land Use Designation. General Plan Program 8.1.1.8, which states “Promote good quality sign design” and General Plan Goal 9.3, which says “Ensure the continued fiscal balance of the community.” The proposed sign is a high quality design that will blend with the project site. Furthermore, since the property owner will be paying an annual development fee for the si gn, this approval will contribute to the fiscal balance of the City. As such, this Conditional Use Permit is consistent with the General Plan and will not impact the intent thereof. 2. The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The subject site is approximately nine acres in size and current ly improved with the Metro Non-Revenue Vehicle Division maintenance facility. The proposed sign is located on the northwest corner of the site, adjacent to the Interstate 5 freeway and the Rio Hondo Channel. The location of the sign is sufficiently setback from Caltrans right-of-way so it will not hinder future widening of the freeway. With regards to the Rio Hondo Channel, the primary purpose of the channel is flood control. The billboard is located outside of the flood control property and it will not reduce capacity of the channel or otherwise have an impact the Rio Hondo. In addition to the properties immediately adjacent to the billboard, there are residential properties approximately 475 feet to the south of the sign. Nevertheless, implementation of the conditi ons of approval and mitigation measures will prevent the sign from having an adverse im pact on these properties. This includes preventing the sign from impacting lights and glare, noise, and displaying offensive material 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The subject site is an approximate nine acre irregular shaped lot that is currently improved with the Metro Non-Revenue Vehicle Division maintenance facility which includes an approximate 28,600 square foot single story building and an approximate 3,600 square foot single story building. The remainder of the site is improved with asphaltic concrete and used for storage of vehicles, employee/visitor parking, and the storage of various other types of equipment. The sign will occupy about 30 square feet at the base of the sign in an area used for outdoor storage. This will not impact Metro’s ability to operate at the site and is an insignificant loss of storage area. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Even though the sign is designed to be viewed from the Interstate 5 freeway, access to the sign is across the subject site from Telegraph Rd. The proposed billboard is unmanned with all displays being remotely managed. The only traffic generated by the project will be from maintenance of the sign, which only CUP and VAR (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 2 Resolution No. Downey Planning Commission requires two to six visits annually. Inasmuch as there are approximately 28,000 average daily vehicle trips current ly on Telegraph Rd, the additional maintenance trips to the site create an insignificant amount of traffic. As such, the minimal additional traffic will not impose a burden on Telegraph Rd. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Variance, the Planning Commission further finds, determines and declares that: 1. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures or buildings in the same vicinity and zone. The construction of new billboards within the City of Downey is only permitted in the M-1 and M-2 zones. The subject site is the only site north of Firestone Blvd that is zoned M-1 (there are no M-2 zoned parcels north of Firestone) and only one of three parcels in the City that has the proper zoning for billboards and visibility to a freeway (the other two are adjacent to the I-105). The subject site is unique from the other two parcels since the finished grade of the subject site is below the grade of the freeway, whereas the other two have finished grades above the freeway. This is to say of the over 23,000 parcels in the City of Downey, approximately 260 are either zoned M-1 or M-2 and only three of these have visibility to the freeway. Since this is the only parcel in the City of Downey that meets the zoning, is visible to the freeway, and has a finished grade that is lower than the freeway, an extraordinary circumstance exists that is not generally applicable to other lands, structures or buildings in the same vicinity and zone. 2. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. The applicant’s request is to construct the sign with a height of 55’ instead of the 35’ limit and allow a 672 square foot display area instead of the 300 square foot allowance. As noted in the previously in the findings, the subject site is one of three in the City that has the proper zoning and freeway visibility for the billboard. Unfortunately, due to the grade difference between the freeway and the subject site, the literal interpretation of the zoning code would make the sign unreadable to motorist on the I-5 freeway. In comparison to billboards installed on any street within the City with slower traffic speeds, the extra size is also needed to make the sign readable. The combination of the grade difference and higher speeds of traffic on the freeway make the variance necessary to allow the property owner to enjoy the same rights that would be commonly enjoyed by other properties in the same vicinity and zone. 3. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. The extraordinary circumstance that exists is the subject site is the only parcel in the City that meets the zoning for billboards, is visible to the freeway, and has a finished grade that is lower than the freeway. Notwithstanding this, the zoning is the result of the City’s action, whereas the grade differential is the result of Caltrans freeway construction. Neither the applicant (Allvision) nor the property owner (Metro) had direct or indirect action in creation of the extraordinary circumstance. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is lo cated. A one of a kind circumstance exists CUP and VAR (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 3 Resolution No. Downey Planning Commission on the property that justifies the need for the Variance. Other parcels in the M-1 or M-2 zone would be permitted to install billboards that meet the development code and are readable to passing traffic. Approval of this Variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone. 5. The granting of such variance will be in harmony and not adversely affect the General Plan of the City. The subject site has a General Plan Land Use Designation of Public. It is the intent of the Public Land Use Designation to provide areas for public agencies for facilities that support community services, su ch as the existing maintenance facility on the site. The proposed sign is located on the northwest corner of the site and will not impact the operations of the site. Therefore, approval of the sign will not impact the General Plan Land Use Designation. Furthermore, General Plan Program 8.1.1.8, states “Promote good quality sign design” and General Plan Goal 9.3, says “Ensure the continued fiscal balance of the community.” The proposed sign is a high quality design that will blend with the project site. Furthermore, since the property owner will be paying an annual development fee for the sign, this approval will contribute to the fiscal balance of the City. 6. That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The applicant has requested to deviate from the maximum allowable height for billboards, thus increasi ng the billboard from 35’ to 55’. Additionally, the applicant has requested to have a 672 square foot display area instead of the allowable 300 square foot display area. These increases are the minimum needed to make the sign readable form the I-5 freeway. The proposed height is needed due to the grade difference; and the proposed display is needed to make it readable. As such, the proposed variance is the minimum variance that will make the project possible. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby adopts a Mitigated Negative Declaration and approves the Conditional Use Permit and Variance (PLN-12-00164), subject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. CUP and VAR (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 4 Resolution No. Downey Planning Commission SECTION 6. The Secretary shall certify the adoption of this Resolution. th PASSED, APPROVED AND ADOPTED this 19 day of June, 2013.   Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning th Commission of the City of Downey at a regular meeting thereof, held on the 19 day of June, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS:  Mary Cavanagh, Secretary City Planning Commission CUP and VAR (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 5 Resolution No. Downey Planning Commission CONDITIONAL USE PERMIT AND VARIANCE (PLN-12-00 164) EXHIBIT A - CONDITIONS 1) The approval of this Conditional Use Permit and Variance (PLN-12-00164) allows for the construction and operation of a 55 foot tall digital billboard with two faces on the northwest corner of the site. 2) Approval of this Conditional Use Permit and Variance (PLN-12-00164) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) This resolution shall not become effective, unless the City Council and property owner enter into a Development Agreement regarding the operation of the billboard. 4) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 5) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 6) The height of the billboard shall not exceed 55’, as measured from the adjacent grade. The display panels shall be LED panels and shall not exceed 672 square feet each. 7) The billboard, including the support structures, shall be painted a neutral color to blend into the sky with a graffiti resistant paint. Any graffiti applied to the billboard or its support structure shall be removed within 48 hours. 8) The applicant shall comply with the art in public places requirements set forth in Downey Municipal Code 8950 et seq. 9) The billboard shall not emit any noise or audible tone. 10) All mitigation measures, as established by the Mitigated Negative Declaration, shall be complied with at all times. This shall include: a) Lighting levels on the digital sign shall not exceed 0.3 foot candles above ambient light from a distance of 250 feet, as measured according to standards of the Outdoor Advertising Association of America (OAAA). CUP and VAR (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 6 Resolution No. Downey Planning Commission b) Brightness shall not exceed 800 nits (candela per square meter) from sunset to sunrise. At all other times, brightness will not exceed 7500 nits. c) Illumination shall be directed such that minimal light spill will occur on either side or the top or bottom of the sign face. d) A light sensor shall be installed with the sign to measure ambient light levels and to adjust light intensity to respond to such conditions. The light sensor adjusts the sign’s brightness in order to compete with ambient light. The darker the surrounding ambient light, the less bright the sign is. e) The sign shall not display any moving, flashing, scrolling, fading, brightening or animated text or video. f) Signage shall be controlled remotely and include remote maintenance software. g) LED lighting has a directional nature, and the projected viewing angle values for this sign shall be ± 30° vertically and ± 60° horizontally. Louvers shall be located above each row of lights to prevent light from projecting upward into the sky. h) No sign shall advertise any adult or sexually oriented businesses, tobacco-related products, or other content that contains any obscene or profane language. i) The applicant shall comply with all mitigation measures contained in the City of Downey General Plan (Vision 2025) regarding air quality impacts. j) During construction, the applicant shall comply with all BMP’s contained in SCAQMD's Rule 403 for fugitive dust control. k) The applicant shall follow all recommendations and conclusions contained in the Geotechnical report prepared by RMA Group and dated February 26, 2013 l) The sign shall not emit any verbal announcement or noises of any kind. m) The applicant shall obtain all required permits from Caltrans regarding Highway Oriented Signs n) Signs shall not be placed with illumination that interferes with the effectiveness of or obscures any official traffic sign, device or signal. o) Signs shall not include or be illuminated by flashing, intermittent or moving lights (except that part necessary to give public service information such as time, date, temperature, weather or similar information). p) Signs 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. q) Duration of all displays shall be a minimum of four seconds with a one to four second transition time between displays. CUP and VAR (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 7 Resolution No. Downey Planning Commission 11) All utilities for the billboard shall be installed underground. 12) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 13) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the billboard. 14) City records indicate existing underground stru ctures in the immediate vicinity of the proposed location (RCP Drain, drain outlet structure, 10-ft easement, and infiltration trench from Metro. During construction the applicant shall protect in place or reconstruct the portion of the infiltration trench as part of the construction. 15) Prior to beginning construction, the applicant shall obtain all necessary approvals and permits from Caltrans. CUP and VAR (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 8 RESOLUTION NO. ___________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL ENTER INTO A DEVELOPMENT AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO AGREE ON THE INSTALLATION AND OPERATION OF AN ELECTRONIC BILLBOARD ON PROPERTY LOCATED AT 7878 TELEGRAPH RD, ZONED M-1 (LIGHT MANUFACTURING). THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On May 29, 2012, the applicant (Allvision LLC) submitted the request for a Conditional Use Permit, Variance, Development Agreement, and Mitigated Negative Declaration (PLN-12-00164). This application was subsequently deemed incomplete due to additional information being needed; and, B. On April 19, 2013, the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete; and, C. On May 16, 2013, notice of the pending application was published in the Downey Patriot , mailed to all property owners within 500’ of the subject site, posted in the Los Angeles County Recorder’s Office, and posted at the Governor’s Office of Planning and Research State Clearinghouse; and, D. The Planning Commission held a duly noticed public hearing on June 19, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that unless mitigated the project could have a significant environmental impact. Based on its own independent judgment that the facts stated in the initial study are true, the Planning Commission adopted Resolution No. ______, thereby adopting a Mitigated Negative Declaration of Environmental Impacts on June 19, 2013. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares that Development Agreement is consistent with the City’s General Plan. The subject site has a General Plan Land Use Designation of Public. It is the intent of the Public Land Use Designation to provide areas for public agencies for facilities that support community services, such as the existing maintenance facility on the site. The proposed sign is located on the northwest corner of the site and will not impact the operations of the site. Therefore, approval of the sign will not impact the General Plan Land Use Designation. Furthermore, General Plan Program 8.1.1.8, states “Promote good quality sign design” and General Plan Goal 9.3, says “Ensure the continued fiscal balance of the community.” The proposed sign is a high quality design that will blend with the project site. Fur thermore, since the property owner will be paying Resolution No. Downey Planning Commission an annual development fee for the sign, this approval will contribute to the fiscal balance of the City SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council of the City of Downey enter into a Development Agreement with the Los Angeles County Metropolitan Transportation Authority regarding the operation of a electronic billboard on the property located at 7878 Telegraph Rd. SECTION 5. The Secretary shall certify the adoption of this Resolution. th PASSED, APPROVED AND ADOPTED this 19 day of June, 2013.   Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning th Commission of the City of Downey at a regular meeting thereof, held on the 19 day of June, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS:  Mary Cavanagh, Secretary City Planning Commission DA (PLN-12-00164) – 7878 Telegraph Rd June 19, 2013 - Page 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Downey 11111 Brookshire Avenue Downey, CA 90241 ATTN: City Clerk’s Office [Exempt from recording fees pe r Gov’t Code Section 6103] DEVELOPMENT AGREEMENT by and among THE CITY OF DOWNEY and THE LOS ANGELES COUNTY METROPOL ITAN TRANSPORTATION AUTHORITY __________________, 2013 1 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} DEVELOPMENT AGREEMENT This Development Agreement (“Agreem ent”) is executed this _____ day of _______, 2013, by and between the CITY OF DOWNEY, a California munici pal corporation and charter city with its principal place of busine ss at 11111 Brookshire Ave nue, Downey, CA 90241 (“City”) and THE LOS ANGELES CO UNTY METROPOLITAN TRANSPORTATION AUTHORITY, a California public entity doing business at One Gateway Plaza, Mail Stop 99- 18-4, Los Angeles, CA 90012-2952 (“Property Owner ”), 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 pu rposes of this Agreement, except as otherwise expressly provided or unless the context requires: “Agreement” 1.1 means this Development Agreement and all attachments and exhibits hereto, and all amendm ents and modifications thereto. “Applicable Rules” 1.2 m eans the rules, regulations, ordinances and officially adopted policies of the City in full force and eff ect as of the Effective Da te of this Agreement, including, but not limited to the City’s General Plan, zoning code, as am ended immediately prior to the Effective Date of this Agreement, and the Project Approvals. Additionally, notwithstanding the langua ge of this Section or any other language in this Agreement, all specifications, standards and polic ies regarding the design and cons truction of the Project shall be those that are in effect at the time the Project plans are be ing processed for approval and/or under construction. “Assignment Agreement” 1.3 means a written agreemen t between the Property Owner and a Transferee of the Property Owner, consis tent with the terms of this Agreement, in which the Parties agree to the transfer of all or a portion of the rights and obligations of this Agreement from the Property Owner to the Transf eree of the Property Owner, subject to the terms of Section 6.11. “CEQA” 1.4 means the Ca lifornia Environmental Quality Act (Cal. Public Resources Code Sections 21000 et seq.) and the State CE QA Guidelines (Cal. Code of Regs., Title 14, Sections 15000 et seq.). “CEQA Compliance Document” 1.5 m eans the compliance document prepared and certified by the City for the Project in acco rdance with the requirements of CEQA. “City” 1.6 m eans the City of Downey, a Californi a municipal corporation and charter city. 2 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} “City Council” 1.7 m eans the City Council of the City and the legisla tive body of the City pursuant to California Government Code Section 65867. “Community Development Director” 1.8 m eans the Community Development Director for the City. “Conditions of Approval” 1.9 means the Conditions of Approval for the Project, including those contained in ______________________________, approved by the City Planning Commission at its hear ings held on ______________________________, and by the City Council on _________________, addressing among other things, the permitting approval process of all designs and plan s and all necessary Ministerial Permits and Approvals, and the construction, design, operation, and maintenance of , and control of illumination and light from, the Digital Display Sign and Property. A copy of the Conditions of Approva l is attached hereto as Exhibit C. “Development Agreement Act” 1.10 m eans Section 65864, et seq ., of the California Government Code. “Digital Display Sign” 1.11 m eans the one (1) Outdoor Advertising Structure to be constructed on the Property, contai ning double-sided digital display f aces so that two (2) digital faces with each face measuring 672 square feet with a total of 1,344 square feet of display area and measuring approximately 55 feet in height co nsistent with the Proj ect Approvals and this Agreement. “Discretionary Action” 1.12 m eans 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 a pproving or disapproving a particular activity, as distingui shed from an activity which mere ly requires the City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with stat utes, ordinances or regulations. “Effective Date” 1.13 is the date on which this Agreement is attested by the City Clerk of the City of Downey af ter execution by the Property Owner and the Mayor of the City of Downey. “Exemption from Local Laws” 1.14 re fers to the fact that the Property Owner is statutorily exempt from the appl ication of the City’s Building, Planning and Zoning laws with respect to transportation matters. However, as a policy issue, Property Owner has agreed to permit the City to apply these same laws to th e proposed Project, but such laws shall have no other effect or application to the remainder of property owned by Property Owner located within the City’s legal boundaries, nor will such laws ap ply to Property Owner as it performs its duties as a public transportation agency. “Fees” 1.15 m eans Impact Fees, Processing Fees and any other fees or charges imposed or collected by the City. 3 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} “General Plan” 1.16 m eans the adopted General Plan of the City. “Impact Fees” 1.17 m eans 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 th is Agreement. Impact Fees do not include (i) Processing Fees or (ii) other Ci ty-wide fees or charges of gene ral applicability, provided that such City-wide fees or charges are not imposed on impacts of new development. “Licensee” 1.18 m eans the company or companie s (including, without limitation, individuals or entities such as partnerships, limited liability companies, corporations, or sole proprietorships), if Property Own er so elects, that will do one or more of the following: (a) construct and/or operate the Out door Advertising Structure; (b) se ll the media inventory from the Outdoor Advertising Structure; and/or (c) pay di rectly to the City the Development Fees and Alternative Development Fees define d in Sections 3.1.3.1 and 3.1.3.2, respectively. “Ministerial Permits and Approvals” 1.19 m eans the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by the City in order for Property Owner to implement , develop and construct the Project and the Mitigation Measures, including without limitati on, building permits, foundation permits, public works permits, grading permits, stockpile perm its, encroachment permits, and other similar permits and approvals which are required by th e Municipal Code and Project plans and other actions required by the Project Approvals to implement the Project and the Mitigation Measures. Ministerial Permits and Approvals shall no t include any Discretionary Actions. “Mitigation Measures” 1.20 m eans the mitigation measures described in the Project Approvals. “Mortgagee” 1.21 m eans a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device, a lender or each of their respective successors and assigns. “Net Advertising Revenue” 1.22 m eans any and all revenue actually received by Property Owner from the placement of advertisi ng media on the Digital Display Sign during the applicable term. “Outdoor Advertising Structure” 1.23 m eans a sign soliciting public support or directing public atte ntion to the sale, lease, hiring or use of any objects, products or service. A billboard shall not include a sign solely advertising the business located on the premises where such sign is erected and maintained. “Parties” 1.24 m eans collectively Property Owner and the City. Each shall be referred to in the si ngular as a “Party.” “Planning Commission” 1.25 m eans the Planning Commissi on of the City pursuant to California Government Code Section 65867. 4 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} “Processing Fees” 1.26 m eans 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 pe rmits, 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 pol icies 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 connecti on with the development of the Pr oject shall 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 la nguage in this Agreement, Property Owner shall 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 amendm ents thereto, unless a waiver of these fees is provided by the City in a subsequent agreement. “Project” 1.27 m eans the development, installation, management and operation of the Digital Display Sign. As more particularly se t forth in the Project Approvals, the Project includes, among other things, grad ing, the construction of infrast ructure related to the Project whether located within or outsi de the Property as shown on Exhi bit B; the construction of the Digital Display Sign structures; and other facilities and improvements necessary or appropriate for the construction of the Digital Display Sign and the maintenance, repair, or reconstruction of any structure, improvement, or facility afte r the construction and completion thereof in accordance with the Project Approvals, Condition s of Approval and terms of this Development Agreement. “Project Approvals” 1.28 means the following land us e actions requested by Property Owner from the City of Downey: (a) Conditional Use Permit; (b) Variance; (c) Development Agreement; and (d) certification of the CEQA compliance document for the Project. “Property” 1.29 m eans the following parcel of real property located in the City of Downey at 7878 Telegraph Road. The Property is more specifically described at Exhibit A and depicted in Exhibit B attached hereto and incorporated herein. “Property Owner” 1.30 m eans the Los Angeles County Metropolitan Transportation Authority, a California public en tity, doing business at One Gate way Plaza, Mail Stop 99-18-4, Los Angeles, CA 90012-2952, owner of the Prope rty, or its successors and assignees as described in Section 6.11. “Reserved Powers” 1.31 m eans the rights and authority excepted from this Agreement’s restrictions on the City’s police power s and which are instead reserved to the City subject to Property Owner’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 App licable Rules and Project Approvals, but: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide 5 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} 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 am endments to Uniform Codes, as adopted by the City of Downey, and/or the Downey Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improveme nts to be constructed on the Property; or (3) are necessary to comply with state or federal laws and regulations (whether enacted previous or subsequent to the Effective Date of this Ag reement) as provided in Section 3.2.3.3. “Term” 1.32 m eans the period of time for which th is Agreement shall be effective in accordance with Section 6.2 hereof. “Transferee” 1.33 m eans individually or collectively, Property Owner’s successors in interest, assignees or transferees of all or any portion of the Property or this Agreement. “Uniform Codes” 1.34 m eans those building, electrical, mechanical, plumbing, fire and other similar regulations of a City-wide scop e which are applicable throughout the City, such as, but not limited to, the Califor nia Building Code, the California Electrical Code, the California Mechanical Code, California Plumbing Code, Ca lifornia Energy Code or the California Fire Code, California Green Building Standards C ode (including those amendments to the promulgated uniform codes which reflect lo cal modification to implement the published recommendations of the multi-state organization a nd which are applicable City-wide) subject to Property Owner’s Exemption from Local Laws. 2. RECITALS OF PREMISES, PURPOSE AND INTENT. State Enabling Statute. 2.1 To strengthen the public pl anning p rocess, 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 ente r into binding development ag reements establishing certain development rights in real prope rty with persons having legal or equitable interests in such property. Section 65864 of the Development Ag reement 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 utili zation 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 regulations, and subject to conditi ons of approval will strengthen the public planning process, enc ourage private participation in 6 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} comprehensive planning, and reduce the economic cost of development.” Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the be nefits of development agr eements contemplated by the Legislature, the City: (1) accepts restraints on its police powers contained in development agreements only to the extent and for the duratio n required to achieve th e mutual objectives of the Parties; and (2) seeks public benefits. City Procedures and Actions. 2.2 City Planning Commission Action. 2.2.1 The City Planning Comm ission held duly noticed public hearings on _________________, 2013 and recommended approval of this Agreement. City Council Action. 2.2.2 The City Council on _________________, 2013, after conducting a duly-no ticed public hearing, adopted Ordinance No. ________________, to becom e effective on the thirty-fir st day after publication, or on the forty-first day after posting, 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. Purpose of this Agreement. 2.3 Public Benefits. 2.3.1 This Agreem ent provides a ssurances that the public benefits identified below in Section 3.1.3 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 3.1.3 below. Property Owner Objectives. 2.3.2 In accordance with the legislative findings set forth in the Developm ent Agreement Act, a nd with full recognition of the City’s policy of judicious restraints on its police powers, the Pr operty Owner 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. This Project is intended to further Property Owner’s primary transportation-related purposes. To the extent of Project devel opment, and as provided by Section 3.1.2, Property Owner anticipates making capital expenditures or causing capital expenditures to be made in reliance upon this Agreement. In the absence of this Agreement, Property Owner would have no assurance that it can complete the Project for the uses and to the density and intensity of development set forth in this Agreement and the Project Approvals. This Agreement, therefore, is necessary to assure Property Owner that, as to approvals and regulatio ns within the City’s police powers to control, the Project will not be (1) reduced or otherwise modified in density, intensity or use from what is set forth in the Project Approvals, or (2) subjected to new rules, regulations, ordinances or offi cial policies or plans of the City, which are not adopted or approved pursuant to the City’s Reserved Powers. 7 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Mutual Objectives. 2.3.3 Developm ent of the Project in accordance with this Agreement will provide for the orderly developm ent of the Property in accordance with the objectives set forth in the General Plan. Moreov er, a development agreement for the Project will eliminate uncertainty in planning for and securi ng orderly development of the Property, assure installation of necessary improvements, assure attainment of maximum efficient resource utilization within the City at the least economic cost to its ci tizens and otherwise achieve the goals and purposes for which the Development Ag reement Act was enacted. The Parties believe that such orderly development of the Project will provide public be nefits, as described in Section 2.3.1, to the City through the im position of development standards and requirements under the provisions and conditions of th is Agreement, including increased revenues and improving the aesthetics around the Property, resulting in benefits to the City. Additionally, although development of the Project in acco rdance with this Agreement will re strain the City’s land use or other relevant police powers, this Agreement provi des the City with sufficient reserved powers during the Term hereof to remain respons ible and accountable to its residents. Applicability of the Agreement. 2.4 This Agreem ent does not: (1) grant density or intensity in excess of that otherwise established in the Project Approvals or Applicable Rules; (2) eliminate future Discretionary Actions relating to the Project if app lications requiring such Discretionary Action are initiated and submitted by the owner of the Property after the Effective Date of this Agreement; (3) guarantee that Pr operty Owner will receive any profits from the Project; or (4) amend the City’s General Plan excep t as specified in the Project Approvals. This Agreement has a fixed Term. Furthermore, in a ny subsequent Discretionary Actions applicable to the Property, the City may apply such new ru les, regulations and official policies as are contained in its Reserved Powers. 3. AGREEMENT AND ASSURANCES. Agreement and Assurance on the Part of Property Owner. 3.1 In consideration f or the City entering into this Agreement, and as an inducement for the City to obligate itself to carry out the covenants and condition s set forth in this Agreement, and in order to effectuate the promises, purposes and intentions set forth in Section 2 of this Agreement, Property Owner hereby agrees as follows: Interest in Site. 3.1.1 Property Owner acknowledges a nd agrees that Property Owner has a legal o r equitable interest in the Proper ty and thus is qualified to enter into and be a party to this Agreement under the Developmen t Agreement Act and the right to cause the construction, development, operation a nd/or management of the Property. Project Development. 3.1.2 Property O wner agrees that, taking into account the needs of a public transportation agency a nd the Project requirements, it will diligently undertake development of the Project in accord ance with the terms and conditions of this Agreement and the Project Approvals. The Partie s acknowledge and agree th at if payment to the City of the Development Fee defined in Sect ion 3.1.3.1 below has not comme nced within twelve (12) months from the Effective Date, each Party sh all have the right to terminate this Agreement. 8 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Additional Obligations of Property Ow ner as Consideration for this 3.1.3 Agreement. As additional consideration for this Agreement, Property Owner shall also provide public benefits including, but not limited to, the specific pub lic benefits listed below: Development Fee 3.1 .3.1. . The Parties agree that for operation of all two Digital Display Sig n faces pursuant to the Project Approval s, Property Owner shall pay or require the Licensee to pay an annu al development fee directly to Ci ty equal to the greater of the Alternative Development Fee, defined at S ection 3.1.3.2 below, or Eighty Thousand Dollars ($80,000.00) per year, increased by three percent (3 %) every other year after the commencement of payments subject to the following pro rata ad justment: if less than all two Digital Display Sign faces are operational, the Development Fee sh all be based on a pro rata share of the number of operational Digital Display Sign faces (“Deve lopment Fee”). For example, if one Digital Display Sign face is operational, the Developm ent Fee shall be ½ of $80,000 (i.e., $40,000). The Development Fee shall be paid a nnually, with the first installment no later than one (1) year after the first Digital Display Sign face is constructe d, operational and generating advertising revenue. Alternative Development Fee 3.1 .3.2. : For any year of the Term where the Alternative Development Fee, as defined in this Sec tion 3.1.3.2, exceeds the Development Fee described at Section 3.1.3.1 above , Property Owner shall pay or require the Licensee to pay a percentage f ee on the total Net Advertising Re venue as specified below. Within ninety (90) days following the end of each year of the Term hereof, and ending within ninety (90) days of the termination of the Te rm, Property Owner shall furnish or require the Licensee to furnish to City a st atement in writing, certified by Licensee to be accurate, showing the total gross advertising revenues generated by Licensee from each Digital Display Sign face during the preceding year of the Term, and sha ll accompany each such statement with a payment to City equal to Twenty-Five Percent (25%) of total Net Advertis ing Revenue minus the Development Fee already paid pur suant to Section 3.1.3.1 (“Percentage Fee”) for such prior year of the Term. The Development Fee and Altern ative Development Fee defined in Sections 3.1.3.1 and 3.1.3.2, respectively, are the minimum standa rd fees required of any property owner seeking new digital signs in the City, and in no ev ent shall any other proper ty owner (private or public) pay a lower fee for any such signage except as provided in this Section 3.1.3.2. In the event the City establishes a lower fee for any pr operty owner for comparable new digital signs in exchange for the removal of existing signs and/or other community benefits of value to the City, the Development Fee and Alternative Development Fee shall remain the same. If the City establishes a lower fee for any property owne r for comparable new digital signs without receiving in return any community benefit to the City, the Development Fee and Alternative Development Fee shall automatically be reduced to ensure that Property Owner does not pay any sum greater than the City’s minimum fee required of property owners with new digital signs in the City. Audit of Percentage Fee 3.1 .3.3. . W ith prior writte n notice of not less than ten (10) business days, City has the right but not the obligation to audit Property Owner’s gross advertising revenue related to this Agreement, at Property Owner’s office, on normal workdays between 9:00 a.m. and 4:00 p.m. once a year. If the statement of total gross advertising revenue previously provided to City sh all be found to be inaccurate, then and in that 9 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} event, there shall be an adjustment and one part y shall pay to the other on demand such sums as may be necessary to settle in full the accurate am ount of said percentage rental that should have been paid to City for the period or periods covered by such inaccurat e statement or statements. If said audit discloses an underpay ment of greater than three per cent (3%) with respect to the amount of total gross advertising revenue repor ted by Property Owner for the period of said report, then Property Owner shall immediately pay to City the cost of such audit; otherwise, the cost of such audit shall be paid by City. Community Benefits. 3.1 .3.4. As a public benef it during the entire Term of this Agreement, Property Owner shall pr ovide as part of the consideration for this Agreement to City on a space available basis, one advertising slot on one face of the Digital Display Sign useable by the City for one m onth per year. City will be responsible for development costs of the message, subject to review and approval by Property Owner. Prohibited Use. 3.1 .3.5. Property Owner shall not utilize any of the display f aces on the Digital Disp lay Sign to advertise tobacco, marijuana, hashish, “gentlemen’s clubs,” adult entertainment businesses, sexually oriented materials, or use sexually oriented images or language, or as may be prohibited by a ny City ordinance existing as of the Effective Date of this Agreement or as may be amende d or implemented from time-to-time after the Effective Date and equally-appli cable to all billboard displays. Agreement and Assurances on the Part of the City. 3.2 In con sideration for Property Owner entering into this Agreement, and as an inducement for Property Owner to obligate itself to carry out the covenants and cond itions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in S ection 2 of this Agreement, the City hereby agrees as follows: Entitlement to Develop. 3.2.1 Pursuant to this Agreem ent, Property Owner has the vested right to develop th e Project subject to the terms a nd conditions of this Agreement, including but not limited to the Conditions of Approval, the Applicable Rules, Project Approvals and the Reserved Powers. Property Owner’s vest ed rights under this Agreement shall include, without limitation, the right to remodel, renovate, rehabilitate, rebuild or replace the Project or any portion thereof throughout the applicable Te rm in the event of da mage, destruction or improvements to technology legally required to be incorporated on all displays such as the Digital Display Sign of the Project or any porti on thereof, subject to the Applicable Rules, Project Approvals and Reserved Powers. To the ex tent that all or any por tion of the Project is remodeled, renovated, rehabilitated, rebuilt or re placed, Property Owner shall locate that portion of the Project at the same location of the Prope rty, subject to the requi rements of the Project Approvals, the Applicable Rule s, and the Reserved Powers. Consistency in Applicable Rules. 3.2.2 Based upon all inform ation made available to the City up to or concurrently with the execution of this Ag reement, the City finds and certifies that no Applicable Rules prohibit or prevent the fu ll completion of the Project in accordance with the uses, intensit ies, densities, designs and heights, permitted demolition, and other development entitlements incorporated and agreed to herein and in the Project Approvals. 10 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Changes in Applicable Rules. 3.2. 3 Nonapplication of Changes in Applicable Rules. 3.2.3.1. Except as provided in subsections 3.2.3.2 and 3.2.3.3 belo w, 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 lim itation, any such change by means of ordinance, City Charter amendment, initiative, resolution, motion, policy, or der or moratorium, initiated or instituted for any reason whatsoever and adopted by the Cit y, the Mayor, City Counc il, Planning Commission or any other Board, Commission, Department or Agency of the C ity, 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 Property and/or the Proj ect and which would conflict in any way with the Applicable Rules, Project Approvals, or this Agr eement, shall not be applied to the Property or the Project unless such changes represent an exer cise of the City’s Reserved Powers, or are otherwise agreed to in this Agreement. Notwithstanding the foregoing, Property Owner may, in its sole discretion, consent to th e application to the Project of any change in the Applicable Rules. Changes in Uniform Codes. 3.2.3.2. Notwithstanding any provision of this Agreem ent to the contrary, development of the Project shall be subject to changes which may occur from time to time in the Uniform Code s, as such Codes are adopted by the City of Downey. In addition, development of the Projec t shall 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, an d (2) are generally applicable on a Citywide basis (except in the event of natura l disasters found by the Mayor or City Council, such as floods, earthquakes and similar disasters). Changes Mandated by Federal or State Law. 3.2.3.3. This Agreem ent shall not preclude the application to the Project of changes i n, or additions to, the Applicable Rules, including rules, regulations, ordinances and offici al policies, to the extent that such changes or additions are mandated to be ap plied to developments such as this Project by state or federal regulations, pursuan t to the Reserved Powers. In the event state or federal laws or regulations prevent or precl ude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations subject to Property Owner’s Exemption from Local Laws. Subsequent Development Review. 3.2.4 The City shall not require Property Owner to obtain any approvals or perm its for the development of the Proj ect in accordance with this Agreement other than those permits or approvals which are required by the Applicable Rules, the Reserved Powers and/or the Pr oject Approvals. However, any subsequent Discretionary Action initiated by Property Owner which substantially changes the entitlements allowed under the Project Approvals, shall be subj ect to the rules, regu lations, ordinances and official policies of the City then in effect subject to Property Owner’s Exemption from Local Laws. The Parties agree that this Agreement does not modify, alter or change the City’s 11 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} 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. Effective Development Standards. 3.2.5 The City agrees that it is bound to perm it the uses, intensities of use and densities on this Property which 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 Property Owner reasonably and satisfactorily complies with all City-wide standard procedures for processing a pplications for Discretionary Actions. Moratoria or Interim Control Ordinances. 3.2.6 In the event an ordinance, resolution, policy, or other m easure is enacted, wh ether by action of the C ity, by initiative, or otherwise, which relates directly or indirectly to the Projec t or to the rate, amount, timing, sequencing, or phasing of the development or constr uction of the Project on all or any part of the Property or the implementation of the Mitigation Measures adopted in connection with approval of the Project, City agrees that such ordinance, resolution or ot her measure shall not apply to the Property, the Project or this Agreement, unle ss such changes are adopted pursuant to the Reserved Powers or other applicab le provisions of this Agreement. Special Taxes and Assessments. 3.2.7 P roperty Owner shall not be obligated to support infrastructure financi ng undertaken by the City or othe rs. Property Owner shall have the right, to the extent permitted by law, to protest, oppose and vote against any and all special taxes, assessments, levies, charge s and/or fees imposed with resp ect to any assessment districts, Mello-Roos or community facilities districts, maintenance districts or other similar districts. Impact Fees. 3.2.8 Im pact Fees imposed by the City with respect to the Project shall 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 sh all be calculate d at time of payment. The installation of improvements iden tified in the Mitigation Measures and/or the Conditions of Approval implemented in connection with the Project shall be accepted by the City in lieu of otherwise applicable Impact Fees. This Agreement shall not limit any impact fees, linkage fees, exaction, assessments or fair share ch arges 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 dist rict impact fees pursuant to Government Code Section 65995). Processing Fees. 3.2.9 Property Owner shall pay all Processing Fees for Ministerial Perm its and Approvals. Payment of City Costs 3.2.10 . Property Owner shall re imburse the City for its costs for third-party attorneys a nd consultants determined by City to be necessary in connection with the Project Approvals, Disc retionary Actions and Ministeria l Permits and Approvals up to a 12 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} maximum of $5,000. Property Owner shall pay su ch costs to City w ithin 30 days after presentation of an invoice by City. Timeframes and Staffing for Processing and Review. 3.2.11 The City agrees that expeditious proces sing of Ministerial Permits a nd Approvals and Discretionary Actions, if any, and any other approvals or action s 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 ag rees to work with Property Owner to establish time frames for processing and reviewing such Mi nisterial Permits and Approvals and to comply with timeframes established in the Project Approval s. Furthermore, the City shall expedite all requests by Property Owner for Discretionary Ac tions requested for th e Project, if any. 4. A NNUAL REVIEW. Annual Review. 4.1 During the Term of this Agreement, the City shall have the right but not the obligation to review annually good faith compliance with this Agreement by Property Owner, or its successors, transferees, a nd/or assignees, as the case may be. Such periodic review shall be limited in scope to good faith compliance with the provisions of this Agreement as provided in the Development Agr eement Act and Property Owner shall have the burden of demonstrating su ch good faith compliance. Pre-Determination Procedure. 4.2 Property Owner’s subm ission of evidence of compliance with this Agreement, in a form which the Parties will reasonably agree to, shall be made in writing and transmitted to the Director of Planning not later than sixty (60) days prior to the yearly anniversary of the Effective Date. The public shall be afforded an opportunity to submit written comments regarding compliance to the Director of Planning at least sixty (60) days prior to the yearly anniversary of the Effective Date. All such public comments and final staff reports shall, upon receipt by the City, be made available as soon as possible to the Property Owner. Director’s Determination. 4.3 In any year where City pe rform s the annual review per Section 4.1, on or before the yearly anniversar y of the Effective Date of the Agreement, the Director of Planning shall make a determinatio n regarding whether or not Property Owner has complied in good faith with the provisions and conditions of this Agreement. This determination shall be made in writing with reasonable specif icity, and a copy of the determination shall be provided to Property Owner in the manner pr escribed in Section 6.17. Copies of the determination shall also be made av ailable to members of the public. Appeal By Property Owner. 4.4 In th e event the Community Development Director makes a finding and determination of non-complia nce, Property Owner shall be entitled to appeal that determination to the Planning Comm ission. After a public he aring on the appeal, the Planning Commission shall make written findings and determinations, on the basis of substantial evidence, whether or not Property Owner has complied in good faith with the provisions and conditions of this Agreement. In the even t the Planning Commission makes a finding and determination of non-compliance, Property Owner sh all be entitled to app eal that determination to the City Council. The decision of the City Council shall be final. 13 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Period To Cure Non-Compliance. 4.5 If, as a result of this A nnual Review procedure, it is found and determined by the Community Development Dir ector or the Planning Commission, on appeal, that Prop erty Owner has not complied in good faith with the provisions and conditions of this Agreement, the City, afte r denial of any appeal or, where no appeal is taken, after the expiration of th e appeal period described in S ection 6.3, shall submit to Property Owner, by registered or certified mail, return receipt requested, a written notice of non- compliance in the manner prescribed in Section 6.17, stating with specificity those obligations of Property Owner which have not been performed. Upon receipt of the no tice of non-compliance, Property Owner shall promptly commence to cure the identified items of non-compliance at the earliest reasonable time af ter receipt of the notice of non-comp liance and shall complete the cure of such items of non-compliance no t later than sixty (60) days af ter receipt of the notice of non- compliance, or such longer period as is re asonably necessary to remedy such items of non- compliance, provided that Property Owner shall continuously and diligently pursue such remedy at all times until such item of non-compliance is cured. Failure To Cure Non-Compliance Procedure. 4.6 If the Director of Planning finds and determ ines that Property Owner, or its succe ssors, transferees, and/or assignees, as the case may be, has not cured or commenced to cure an item of non-compliance purs uant 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 Di rector of Planning shall make a report to the Planning Commission. The Director of Planning shall then set a da te for a public hearing before the Planning Commission in accordance with the notice and hearing requirements of Government Code Sections 65867 and 65868. If after such public hearing, the Planning Commission finds and determines, on the basis of substantial evidence, that Property Owner, or its successors, transferees, and/or assignees, as the case may be, has not brought the Project into compliance pursuant to this Section, and that the City may terminate or modify this Agreement, or those transferred or assi gned rights and obligations, as the case may be, the finding and determination shall be appealable to the City Council in accordance with Section 6.3 hereof. The decision of the City Council shall be final. In the event of a finding and determination of compliance, there shall be no appeal by any person or entity. Termination Or Modification Of Agreement. 4.7 The City or Property O wner may terminate or modify this Agreement, or those transferred or assigned ri ghts and obligations, as the case may be, after a finding or determination of noncompliance by the City Council or, where no appeal is taken, after the expi ration of the appeal periods desc ribed in Section 6.3. There shall be no modifications of this Agreement unless the City Council acts pur suant to Government Code Sections 65867.5 and 65868, irrespective of whet her an appeal is taken as provided in Section 6.3. 5. D EFAULT PROVISIONS D efault By Property Owner. 5.1 Default. 5.1.1 In the event Property Owner doe s not perform its obligations under this Agreement in a timely manner, the City shall have all rights and remedies provided by this Agreement which shall include compelling th e specific performance of the obligations of 14 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Property Owner under this Agreement, or modifi cation or termination of this Agreement, provided that the City has first complied w ith the procedure in Section 5.1.2 hereof. Notice of Default. 5.1.2 City shall first submit to Property Owner a written notice of default stating with sp ecificity those obliga tions which have not been performed. Upon receipt of the notice of default, Property Owner shall promptly commence to cure the identified default(s) at the earliest reasona ble time after receipt of the notice of default and shall complete the cure of such default(s) not later than sixty (6 0) days after receipt of the notice of default, or such longer period as granted by the City, whic h shall not be unreasonably withheld, and is reasonably necessary to remedy such default(s), provided that Property Owner shall continuously and diligently pursue such remedy at all times until such default(s) is cured. In the event that Property Owner has assigned all or any portion of its interests pur suant to Section 6.11, Property Owner shall have the right but not the obligation to cure any defaults of any assignee or successor-in-interest. Further, any assignee or successor-in-interest shall have the right but not the obligation to cure any defau lts of Property Owner. In the case of a dispute as to whether Property Owner (or its respective assignee or succe ssor-in-interest) has cured the default, the Parties shall submit the matter to dispute resoluti on pursuant to Section 6.5 of this Agreement. Failure to Cure Default Procedures. 5.1.3 If after the cure period has elapsed, the Directo r of Planni ng finds and determines that Pr operty Owner or its successors, transferees and/or assignees, as th e case may be, remains in default and that the City intends to terminate or modify this Agreement, or those transferred or assigned ri ghts and obligations, as the case may be, the Director shall make a re port to the Planning Commission and then set a public hearing before the Commission in accordance with the notice and hearing requirements of Government Code Sections 65867 and 65868. If after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence, that Property Owner or its successors, transferees and/or assigns, as the case may be , has not cured such default pursuant to this Section, and that the City intends to terminate or modify this Agr eement, or those transferred or assigned rights and obligations, as the case may be, Property Owner and its successors, transferees and/or assigns, shall be entitled to appeal that finding and determination to the City Council in accordance with Section 6.3. The decisi on of the City Council shall be final. In the event of a finding and determination that all defa ults are cured, there sh all be no appeal by any person or entity. Termination or Modification of Agreement. 5.1.4 The City or Property Owner m ay terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, after such fina l determination of the City Council or, where no appeal is taken, after the expirati on of the appeal periods describe d in Section 6.3. There shall be no modifications of this Agreement unless the C ity Council acts pursuan t to Government Code Sections 65867.5 and 65868, irrespectiv e of whether an appeal is taken as provided in Section 6.3. D efault By The City. 5.2 Default. 5.2.1 In the even t the City does not accept, process, or render a decision on necessary development permits, entitlements, or other land use or building permits or 15 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} approvals following the Effective Date of this Agreement for use 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, Property Owner shall have all rights and remedies provided here in or by applicable law, whic h shall include compelling the specific performance of the City ’s obligations under this Agr eement, provided that Property Owner or its transferee or assignee, as the case ma y be, has first complied with the procedures in Section 5.2.2. No part of this Agreement shall be deemed to abrogate or limit any immunities or defenses the City may otherwise have with respect to claims for monetary damages. Notice of Default. 5.2.2 Prop erty Owner shall first submit to the City a written notice of default stating with specifi city those obligations which have not been performed. Upon receipt of the not ice of default, the City shall promptly commence to cure the identified default(s) at the earlie st reasonable time after receipt of the notice of default and shall complete the cure of such default(s) not later th an sixty (60) days after receipt of the notice of default, or such longer period as is reasonably ne cessary to remedy such default(s), provided that the City shall continuously and diligently pursue su ch remedy at all times until such default(s) is cured. In the case of a dispute as to whether th e City has cured the default, the Parties shall submit the matter to dispute resolution pursu ant to Section 6.5 of this Agreement. No Monetary Damages. 5.3 It is acknowledged by the Pa r ties that the City and Property Owner would not have entered into this Agreement if either were liable in monetary damages under or with respect to this Agreement or the applica tion thereof except as provided below. Therefore, the Parties agree that the Pa rties shall not be liable in monetary damages and the Parties covenant not to sue for or clai m any monetary damages for the breach of any provision of this Agreement except for S ections 3.1.3.1 and 3.1.3.2 above and 6.6.2 below. Except as otherwise set forth in this Section 5.3, specific performance sh all be each Party’s exclusive remedy. 6. G ENERAL PROVISIONS. Effective Date. 6.1 This A greement shall be effect ive as set forth in Section 1.12 above. Term. 6.2 The Term of this Agreement shall commence on the Effective Date and shall extend for a period of twenty (20) years after the Effective Date, which may be extended by Property Owner in its sole and absolute discre tion for one (1) additional 10-year term, provided that Property Owner shall not be in material default of the terms and provisions of this Agreement at the time of any such extension. Fo llowing the expiration of this Term or earlier termination, this Agreement shall 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, appr oved concurrently with, or subsequent to, the Effective Date of this Ag reement. The Term of this Agreement shall automatically be extended for the period of time of any actual dela y resulting from any enactments pursuant to the Reserved Powers or mo ratoria, 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 16 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} bankruptcy or similar procedures), or for the pe riod of time during which a lawsuit or litigation (including appeals) relating to th e Project or the Project Approva ls, including this Agreement, has been filed and is pending in a court of competen t jurisdiction. Appeals To City Council. 6.3 W here an appeal by Property Owner to the City Council from a finding and/or determination of the Planning Commissi on is created by this Agreement, such appeal shall be taken, if at all, within fifteen (15) days after the mailing of such finding and/or determination to Property Owner, or its successors, transferees, and/or assignees, as the case may be as set forth in Downey M unicipal Code section 9806. The City Council shall act upon the finding and/or determination of the Planning Commission with in eighty (80) days after such mailing, or within such additional period as may be agreed upon by the Property Owner and the City Council. The failure of the City Council to act shall not be deemed a denial or an approval of the appeal, which shall remain pending until final City Council action. Enforced Delay; Extension Of Time Of Performance. 6.4 In addition to specific provisions of this Agreem ent, whenever a period of time, including a reas onable 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 shall 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 excuse d, including: war; insurrection; riots; floods; earthquakes; fires; casualties; acts of God; unus ual economic or governmental circumstances that limit the ability to generate a dvertising revenue from the Digi tal Display Sign, litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal c ourse of affairs (such as the Annual Review)); any approval required by the City or the State of California Department of Transportation (not including any period of time normally expected for the processing of such approvals in the ordinary course of affairs); re strictions imposed or mandated by other governmental entities, other than restrictions or regul ations imposed by Property Owner; enactment of conflicting state or federal laws or regulations; j udicial 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). Th is Section shall not be applicable to any proceedings with respect to bankruptcy or rece ivership initiated by or on behalf of Property Owner, or by any third parties against Property Owner if not dismissed within ninety (90) days; provided however, this Section shal l be applicable to every other pr ovision in this Agreement. If written notice of such delay is given to any Part y within thirty (30) da ys 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. Dispute Resolution; Dispute Resolution Proceedings. 6.5 The Parties m ay mutually agree to dispute resolution proceedings to fairly and expeditiously resolve disputes or questions of interpretation unde r this Agreement. These dispute resolution proceedings may include any manner of dispute re solution which is mutually agr eed upon by the Parties. The results of any dispute resolution proceeding wi ll not be binding upon the Parties except by separate agreement approved in writing by both Part ies. Any such separate agreement shall be 17 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} implemented as an amendment to this Agreemen t. In no event will an arbitrator make any findings. Arbitration 6.5.1 . Any dispute between the Partie s that is to be resolved by arbitration shall be conducted by an arbitrator w ho must be a fo rmer judge of the Los Angeles County Superior Court or the Second District Cour t of Appeals or the Calif ornia Supreme Court. This arbitrator shall be selected by mutual agreement of the Parties. Arbitration Procedures. 6.5.2 Upon appointm ent of the arbitrator, the matter shall 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 ar bitrator. The arbitration may be conducted under the procedures set forth in Code of Civil Pr ocedure 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 provisions of the Ca lifornia Evidence Code shall be applicable to such proceeding. Extension Of Term. 6.5.3 T he Term of this Agreement as set forth in Section 6.2 shall automatically be extended for the period of time in which the Parties are engaged in dispute resolution to the degree that such extens ion of the Term is reas onably required because activities which would have been completed prior to the expira tion of the Term are delayed beyond the scheduled expiration of the Term as the result of such dispute resolution. Removal Upon Termination or Expiration. 6.6 Removal by Property Owner. 6.6.1 Upon termination or expiration of this Agreement, Property Owner shall, at its sole co st and expense, completely remove the Digital Display Sign, including, but not li mited to, any structure or facility erected or maintained as part of or in relation to the Digital Display Sign, from the Property within ni nety (90) days from receipt of demolition permits from the City for such removal unless otherwise agreed to among the Parties. Removal of the Digital Display Sign shall be in accordance with any applicable Federal, State, or local regulati ons, including regulations of the City. Property Owner shall, at its sole cost and expense, secure any required permit to remove a nd properly transport the Digital Display Sign from the Property, and not store th e Digital Display Sign on the Property, except as permitted under the then applicable laws. Removal by City. 6.6.2 Upon termination or expiration of this Agreement, should Property Owner fail to remove the Dig ital Display Sign within the time set forth in Section 6.6.1, City shall be entitled to remove th e Digital Display Sign and dispose of same and exercise its rights below to pay for such removal. Property Owner acknowledges and agrees that the City’s removal of the Digi tal Display Sign in accordance with this Section 6.6.2 may occur immediately and City sh all not be required to provide addi tional notice pursuant to Section 5.1.2 upon Developer’s failure to comply with Section 6.6.1. Any such removal of the Digital Display Sign by City after termination or expiration of th is Agreement shall not entitle Property Owner to any damages of any kind whatsoev er against City, and Property Owner hereby releases the City, its officers, employees, agents or contractors from any cl aims or liabilities, for any action by the City, its officers, employees, agents or contract ors in removing the Digital Display Sign. Should 18 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} City be required to exercise its rights under Section 6.6.2 due to Property Owner’s failure to comply with Section 6.6.1, or should Property Owner fail to pay all co sts and expenses of removal of the Digital Display Sign as set forth at Section 6.6.1, Property Owner shall be liable to City to pay any reasonable expenses incurred by City in exercising its rights under Section 6.6.2 and shall pay City such costs within no more than ten (10) days following City’s delivery of an invoice itemizing such expenses and demanding payment for same. Legal Action. 6.7 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 defa ult, 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. Property Owner shall have no liability (other than the potentia l termination of this Agreement) if the contemplated development fails to occur. Applicable Law. 6.8 This Agreem ent shall be construed and enforced in accordance with the laws of the State of California. Amendments. 6.9 This Agreem ent may be amended from time to time by mutual consent in writing of the Parties to this Agr eement in accordance with Government Code Section 65868. Any amendment to this Agreement which re lates to the Term, permitted uses, intensity of use, height, or size of stru ctures, provisions for reservation and dedica tion of land, conditions, restrictions, and requirements re lating to subsequent discretiona ry action or any conditions or covenants relating to the use of the Property, which are not allowed or provided for under the Project Approvals or Applicable Rules, shall re quire notice and public hear ing before the Parties may execute an amendment thereto. Assignment. 6.10 Property Owner may assign or otherw ise transfer this Agreement, or the Property or any part of the Property or Agreement, to any other entity, upon presentation to the City of an assignment and assumption ag reement 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 shall not be unreasonably withheld. Covenants. 6.11 The provisions of this Agreem ent shall constitute covenants which shall run with the land comprisi ng the Property for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefi t of all assignees, transferees, and successors to the Parties hereto. Cooperation And Implementation. 6.12 Processing. 6.12.1 Upon satisfactory com pletion by Property Owner of all required preliminary actions and payment of appr opriate Processing Fees, including the fee for processing this Agreement, the City shall comm ence and diligently proc ess all required steps necessary for the implementation of this Ag reement and development of the Property in accordance with the terms of this Agreement, subject to the provisions of Section 3.2.10. Property Owner shall, in a timely manner, provide the City with all docum ents, plans, fees and 19 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} other information necessary for th e City to carry out its processi ng obligations pursuant to this Agreement. Other Governmental Permits. 6.12.2 Pro perty Owner shall apply in a timely manner for such other permits and approvals as may be required from other governmental or quasi-governmental agencies havi ng 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 Pr oject. The City shall coopera te with Property Owner in its endeavors to obtain such permits and approvals and shall, from time to time at the request of Property Owner, attempt with due diligence and in good faith to enter into binding agreements with any such entity to ensure the availability of such perm its and approvals, or services, provided such agreements are reasonable and not detrimental to the City. Cooperation In The Event Of Lega 6.12.3 l Challenge. In the event of any legal action instituted by a third party or other governmental enti ty or official challenging the validity of any provision of this Agreement, the Parties here by agree to affirmatively cooperate in defending said action. Relationship of The Parties. 6.13 It is understood and agreed by the Parties hereto that the contractual relationship created between the Parties here under is that Property Owner is an independent contractor with re spect to the City and is not an agent of the City. Further, the Parties agree and hereby renounce the existence of any for m of joint vent ure or partnership between the City and Property Owner and agree that nothing herein or in any document executed in connection herewith shall be construed as ma king the City a joint venturer or partner with Property Owner. Indemnification and Insurance. 6.14 Indemnification by Property Owner. 6.14 .1 Property Owner shall indem nify the City, its officers, employees, and agents ag ainst, and will hold and save them and each of them harmless from, any and all actions, suits, cl aims, damages to persons or property, losses, costs, penalties, obligations, erro rs, omissions, or liabilities (herei n “claims or liabilities”) that may be asserted or claimed by any person, firm, or en tity arising out of or in connection with (1) the work, operations, or activities of Property Owner, its ag ents, employees, subcontractors, or invitees, hereunder, upon the Property, whether or not there is curr ent passive or active negligence on the part of the City, its officers, agents, or employees and in connection therewith; and (2) any legal action commenced by any th ird party challenging th e validity of this Agreement, the Project Approvals, Discretionary Actions, Ministerial Permits and Approvals, and/or the environmental assessment of the Pr oject under the California Environmental Quality Act or the National Environmental Policy Act. Pr operty Owner 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 incurr ed in connection therewith. Property Owner will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilitie s arising out of or in connection with the work, operations, or activities of the Property Owner, hereunder, and Property Owne r agrees to save and hold the City, its officers, agents, and employees harmless therefrom. In the event the City, its officers, agents, or 20 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} employees is made a party to the action or pr oceeding filed or prosecuted against for such damages or other claims arising out of or in connection with ope ration or activities of Property Owner hereunder, Property Owner agrees to pay th e City, its 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. 6.14 .1.1. Exceptions. The foregoing indemnity shall not include claim s or liabilities arising from the sole or gross negligence or willful misconduct of the City, its officers, agents, or employees. 6.14 .1.2. Additional Coverage. Without limiting the gen erality of the foregoing, said indemnity shall 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 Property; (b) any accident or other occurrence in or on the Prope rty causing injury to any person or property whatsoever; (c) any failure of Property Owner to comply with performance of all of the provisions of this Agreement; (d) Property Owne r’s failure to prevent any employee or any invitee or any other person from entering upon or remaining in any place upon the Property which is not safe and does not comply with all laws pertaining theret o as they may now or hereafter exist; (e) any harm, delays, injuries or other damages incurred by any party as a result of any subsurface conditions on the site, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination. 6.14 .1.3. Loss and Damage. City shall no t be liable for any dam age to property of Property Owner, or of others located on the Property, nor for the loss of or damage to any property of Property Own er, or of others by theft or otherw ise. City shall not be liable for any injury or damage to persons or property resul ting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Property or from th e pipes or plumbing, or from the street, or from any environmental or so il contamination or haza rd, or from any other latent or patent defect in the soil, subsurf ace or physical condition of the Property, or by any other cause of whatsoever nature. 6.14 .1.4. Period of Indemnification. Th e obligations for indem nity under this Section 6.15.1 shall begin upon the Effective Date and shall terminate upon termination of this Agreement, provided that indemnification shall apply to all claims or liabilities arising during that period even if asserted at any time thereafter. Indemnification by City. 6.14 .2 The City shall indemnif y the Property Owner, its officers, employees, and agents against, a nd will hold and save the Property Owner harmless from, any and all claims or liabilities that ma y be asserted or claimed by any person, firm, or entity asserting that the Deve lopment Fee and/or Alternativ e Development Fee defined in Sections 3.1.3.1 and 3.1.3.2, respectively, constitutes a gift of public funds in any respect. The City will defend any action or actions filed in conn ection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith. 21 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Insurance. 6.14 .3 For cla ims and liability for personal injury or death, or property damage relating to the Property, Property Owner represents that it is self-insured up to Four Million Five Hundred Thousand Dollars ($4,500,000) of damages per occurrence and relies on its excess insurance layers to cover liabilities in excess of its Four Million Five Hundred Thousand Dollars ($4,500,000) self-ins ured retention. Property Owner shall require Licensees to maintain at minimum the same level of insurance as set forth in this Section 6.14.2. Extension of Time for All Project Approvals. 6.15 The duration of all Project Approvals shall autom atically be extende d for the Term of this Agreement. Notices. 6.16 Any notice or comm unication require d hereunder between the Parties must be in writing, and shall be gi ven either personally or by regist ered or certified mail, return receipt requested. If given by registered or certif ied mail, the same shall 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, properl y addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is a ddressed. Any Party hereto may at any time, by giving ten (10) days’ written not ice to the other Party hereto, designate any other address in substitution of the address, or any additional address, to which such notice or communication shall be given. Such notices or communications sh all be given to the Parties at their addresses set forth below: To City: City of Downey 11111 Brookshire Avenue Downey, CA 90241 Attn: City Manager To Property Owner: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Mail Stop 99-18-4 Los Angeles, CA 90012-2952 Attn: ____________ Recordation. 6.17 As provided in Governm ent Code Section 65868.5, this Agreement shall be recorded with the Regi strar-Recorder of the County of Lo s Angeles within ten (10) days following the Effective Date. Property Owner shall provide the City Clerk with the fees for such recording prior to or at the time of such reco rding should City Clerk record the Agreement. Constructive Notice And Acceptance. 6.18 Every person who now or hereafter owns or acquires any right, title, inte rest in or to any portion of the Property, is and shall be conclusively deem ed to have consented and agre ed to every provision co ntained herein, whether or not any reference to this Agreement is co ntained in the instrument by which such person acquired an interest in the Property. 22 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Severability. 6.19 If any provisions, conditions, or covenants of this Agreem ent, or the application thereof to any circumstances of any Party, shall be held invalid or unenforceable, the remainder of this Agreement or the applica tion of such provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. Time Of The Essence. 6.20 Tim e is of the essence for each provision of this Agreement of which time is an element. Waiver. 6.21 No waiver of any provision of this Agreem ent shall be effective unless in writing and signed by a duly auth orized 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 shall be deem ed a waiver of any right or remedy with respect to any other occurrence or event. No Third Party Beneficiaries. 6.22 The only Parties to this Agreement are the City and Property Owner, and their successors-in-intere st, transferees, or assignees, as the case may be. There are no third party bene ficiaries and this Agreement is not intended, and shall not be construed to benefit or be enforceable by any other person whatsoever. Entire Agreement. 6.23 This Agreem ent sets forth and contains the entire understanding and agreement of the Parties and there are no oral or wr itten representations, understandings or ancillary covenants, undertaki ngs or agreements which are not contained or expressly referred to herein (or any such repres entations, understandings or ancillary covenants, undertakings or agreements are integrated in this Agreement) and no testimony or evidence of any such representations, understandings, or covena nts shall be admissible in any proceedings of any kind or nature to interpret or determine the provisions or conditions of this Agreement. Legal Advice; Neutral Interpretation; Headin gs, Table Of Contents, and 6.24 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 shall 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, a nd index used in this Agreement are for the convenience of reference only and shall not be used in construing this Agreement. Discretion to Encumber. 6.25 This Agr eement shall not prevent or limit Property Owner in any manner, at its sole discretion, from encumbering the Property or any portion of the Property or any improvement on th e Property by any mortgage, deed of trust or other security device securing financing with respect to the Property or its improvements. Expedited Processing. 6.26 Each Party agrees to co operate in the expedited processing of any legal action seeking specific perform ance, declaratory relief or injunctive relief, to set court dates at the earliest pr acticable date(s) and not cause delay in the 23 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} prosecution/defense of the action, provided such c ooperation shall not requir e any Party to waive any rights. Nonliability of City and Property Owner Officials. 6.27 No officer, official, m ember, employee, attorney, agent, or representa tives of City or Propert y Owner shall be liable for any amounts due hereunder, and no judgment or execution thereon en tered in any action hereon shall be personally enfo rced against any such officer, official, member, employee, attorney, agent, or representative. No Brokers. 6.28 Each Party represents and warrant s to the other that it has not em ployed 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 reason able attorney’s fees) in any manner connected with a claim asserted by any i ndividual or entity for any commission or finder’s fee in connection with this Agreement arising out of agreements by th e indemnifying party to pay any commission or finder’s fee. Counterparts. 6.29 This Agreem ent is executed in dup licate originals, each of which is deemed to be an original. This Agreement, not counting the Cover Page, consists of ___ pages and _____ (__) Exhibits. [ Signatures on the next page] 24 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} IN WITNESS WHEREOF , the Parties hereto have executed th is Agreement as of the date first written above. City: CITY OF DOWNEY By Mario A. Guerra, Mayor ATTEST: By Adria M. Jimenez, CMC, City Clerk APPROVED AS TO FORM: By Yvette M. Abich Garcia, City Attorney LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By:___________________________________ By: __________________________________ [end of signatures] 25 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Exhibit A: Legal Description of the Property 26 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Exhibit B: Depiction of the Property 27 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} Exhibit C: Conditions of Approval 28 This document is a draft and is not intended to create any binding ob ligations. Any agreement shall be reflected in a written document signed by all parties. {00003074.DOC / 4} ×Ò×Ì×ßÔ ÍÌËÜÇ ÚÑÎ Ó×Ì×ÙßÌÛÜ ÒÛÙßÌ×ÊÛ ÜÛÝÔßÎßÌ×ÑÒ ÑÚ ÛÒÊ×ÎÑÒÓÛÒÌßÔ ×ÓÐßÝÌ ÐÔÒóïîóððïêì PROJECT NAME: Allvision Digital Billboard @ Metro Site PROJECT LOCATION: 7878 Telegraph Rd, Downey, CA 90240 PROJECT APPLICANT: Greg Smith Allvision, LLC 225 Bush Street, 16th Floor San Francisco, CA 94104 LEAD AGENCY: City of Downey Community Development Department Planning Division 11111 Brookshire Avenue Downey, CA 90241 Contact: David Blumenthal, Senior Planner (562) 904-7154 dblumenthal@downeyca.org PUBLIC REVIEW PERIOD: May 17, 2013 to June 17, 2013 This Negative Declaration and Initial Study Checklist have been prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, Section 15000, et seq.). Written comments regarding this Negative Declaration shall be made to the Lead Agency listed above prior to 5:00 p.m. on the last day of the Public Review Period. CEQA INITIAL STUDY – PLN-12-001 64 SECTION I – INTRODUCTION SECTION I. INTRODUCTION 1. Description of project: The proposed project is a Conditional Use Permit, Variance, and Development Agreement to construct and operate a 55 foot tall electronic billboard with two display area, each of which is 672 square feet. The proposed sign would be installed on a sign structure in the northwestern area of the 9-acre project site adjacent to Interstate 5. The sign displays are 48 feet wide by 14 feet tall mounted on a 48 foot tall pole with the overall height being 55 feet above the adjacent grade. The base and foundation of the sign is approximately six feet by six feet. The two display faces would be oriented in a “V” shape, such that the displays face the two directions of highway traffic on Interstate 5. An “LED” sign consists of a display surface that supports an image generated by light emitting diodes (LED). The sign structure would have two display surfaces facing opposite directions. The image on the sign will remain static for an average period of time of eight seconds per message (no less than four seconds per message), before cycling to the next image. The sign will typically require maintenance two to six times per year. Signs can be serviced from the front or rear of the sign, however due to the proposed location of the sign it will most likely be serviced from the rear. Service calls range from two to five hours depending on the level of service needed. The Conditional Use Permit is required for approval of the location of the sign and to address long-term operating conditions of the sign. The Variance is required to allow the applicant to deviate from the maximum allowable 35 foot height for billboards (proposal is 55 feet) and the maximum allowable 300 square foot display area (proposal is 672 square feet). The Development Agreement a llows the City and the Property Owner to mutually agree on the installation and operation of the sign. 2. Project Site: The subject site is located on the south side of Telegraph Rd, between Tweedy Lane and the City’s western boundary. The site has a General Plan Land Use Designation of Public and is zoned M-1 (Light Manufacturing). The site is an irregular shaped lot that is approximately nine acres in size. It is curr ently improved with a maintenance facility for the Los Angeles County Metropolitan Transportation Authority (Metro) Non-Revenue Vehicle Division, which includes an approximate 28,600 square foot single story building and an approximate 3,600 square foot single story building. The remainder of the site is improved with asphaltic concrete and used for storage of vehicles, employee/visitor parking, and the storage of various other types of equipment. Other than the landscaping within the street setback, the site is void of vegetation. The billboard will be located near the northwest corner of said site, adjacent to the Interstate 5 freeway Rio Hondo Channel. Its geographic position will be longitude - 118.1224° and latitude 33.9714°. Allvision Digital Billboard @ Metro Page 2 May 13, 2013 CEQA INITIAL STUDY – PLN-12-001 64 SECTION I – INTRODUCTION 3. Surrounding Properties: The northwest side of the parcel is bounded by the Rio Hondo Channel, which is a tributary to the Los Angeles River. This portion of the channel is concrete lined and primarily serves as flood control. Across the Rio Hondo is a parcel in the City of Commerce, which is improved with a three-stor y motel. The northeast side of the site is bounded by Telegraph Rd, a six lane primary arterial that divides the City of Downey and the City of Pico Rivera. Telegraph Rd has approximately 28,000 average daily vehicle trips. Across Telegraph Rd (within the City of Pico Rivera) are multiple parcels that contain truck leasing and repair facilities. The southeast side of the site is bounded by single family homes that are located on Rives Ave (a cul-de-sac residential street). These homes have a General Plan Land Use Designation of Low Density Residential and are within the R-1 5,000 (Single-Family Residential) zone. The southwest side of the site is bounded by the Interstate 5 (Santa Ana Fwy), which is the primary north-south interstate highway on the west coast of the United States. The I-5 has eight travel lanes (four in each direction) and has approximately 233,000 average daily vehicle trip s. Across the I-5 are single family homes. These homes have a General Pl an Land Use Designation of Low Density Residential and are within the R-1 6,000 (Single-Family Residential) zone. 4. City Characteristics: The City of Downey is 12.8 square mile comm unity that is located in the southeastern part of Los Angeles County. The State of California Department of Finance estimated that City’s population is 112,761, as of January 1, 2013. The City of Downey is located about 12 miles southeast of downtown Los Angeles and is bounded by: the Rio Hondo River on the west; Telegraph Road on the north; the San Gabriel River on the east; and Gardendale Street and Foster Road on the south. Cities bordering Downey include: Pico Rivera on the north and Santa Fe Springs on the northeast, Norwalk on the east, Bellflower and Paramount on the south, South Gate on the southwest and west and Commerce on the northwest. Regional access to and from the City of Do wney is provided by the Santa Ana (I-5) Freeway; Glen Anderson Freeway (I-105) Freew ay; the San Gabriel River Freeway (I- 605) Freeways; and the Long Beach Freeway (I-710); MTA Green Line Light Rail passenger train services at the Lakewood Boulevard station, and various Metro Bus Lines that connect throughout the City. The City of Downey is a Charter City wi th most municipal services being provided directly by the City. This includes City Po lice and Fire services, as well as, Planning, Building, Housing, Economic Development, Parks and Recreation, Library, and Public Works. Additionally, the City of Downey oversees operation of the Downey Civic Theater, the DowneyLINK Transit System, and the Farmer’s Market. 5. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement.) Metro approval is required for the Development Agreement. Caltrans approval is required for highway-oriented signs. Allvision Digital Billboard @ Metro Page 3 May 13, 2013 CEQA INITIAL STUDY – PLN-12-001 64 SECTION I – INTRODUCTION 6. Location Map: City of Downey Location in Regional Context Allvision Digital Billboard @ Metro Page 4 May 13, 2013 CEQA INITIAL STUDY – PLN-12-001 64 SECTION I – INTRODUCTION Project Location Allvision Digital Billboard @ Metro Page 5 May 13, 2013 CEQA INITIAL STUDY – PLN-12-001 64 SECTION I – INTRODUCTION Sign location on site Allvision Digital Billboard @ Metro Page 6 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION II – ENVIRO NMENTAL FACTORS SECTION II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked belo w would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist in section III. Aesthetics Land Use and Planning Agriculture Resources Mineral Resources Air Quality Noise Biological Resources Population and Housing Cultural Resources Public Services Geology and Soils Recreation Greenhouse Gas Emissions Transportation/Traffic Hazards & Hazardous Materials Utilities & Service Systems Hydrology & Water Quality Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could ha ve a significant effect on the environment, there will not be a significant effect in this ca se because the mitigation measures described on an attached sheet have been added to the project. A 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. I find that the proposed project MAY have a signifi cant effect(s) 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, if the effect is a “potentially significant impact” or “potentially significant unless mitigated”. An ENVIRONMEN TAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could ha ve a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EI R pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that ear lier EIR, including revisions or mitigation measures that are imposed upon the proposed project. îËÔÖÔÏÜÑêÔÖÏØÙÛÄùÜÇÔÙûÑÈÐØÏÉÕÜÑ Date: May 13, 2013 Signature: David Blumenthal, Senior Planner for the City of Downey Allvision Digital Billboard @ Metro Page 7 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION SECTION III. INITIAL STUDY CHECKLIST AND ENVIRONMENTAL EVALUATION This section analyzes the potential environmental impacts which may result from the proposed project. For the evaluation of potential impacts, the questions in the Initial Study Checkl ist are stated and answers are provided according to the analysis undertaken as part of the Initial Study. They outline the following issues: 1. Aesthetics 10. Mineral Resources 2. Agriculture Resources 11. Noise 3. Air Quality 12. Population and Housing 4. Biological Resources 13. Public Services 5. Cultural Resources 14. Recreation 6. Geology and Soils 15. Transportation and Traffic 7. Hazards and Ha zardous Materials 16. Utilities and Service Systems 8. Hydrology and Water Quality 17. Mandatory Findings of Significance 9. Land Use and Planning The analysis considers the project’s short-term impacts (construction-related), and its operational or day- to-day impacts. For each question, there ar e four possible responses. They include: . Future development arising from the project’s implementation will not have any 1. No Impact measurable environmental impact on the environm ent and no additional analysis is required. . 2. Less Than Significant Impact The development associated with project implementation will have the potential to impact the environment; thes e impacts, however, will be less than the levels or thresholds that are considered signif icant and no additional analysis is required. . 3. Potentially Significant Impact Unless Mitigated The development will have the potential to generate impacts which will have a significant effect on the environment; however, mitigation measures will be effective in reducing the impac ts to levels that are less than significant. . Future implementation will have impacts that are considered 4. Potentially Significant Impact significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels. Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 1. AESTHETICS. Would the project: a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existi ng visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Allvision Digital Billboard @ Metro Page 8 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact Response: (a and b): No impact. The City of Downey, which is located in southeast Los Angeles County, is an urban environment. There are no scenic vistas, scenic resources or scenic highways within the City boundaries or any 1 visible from within the City. No impact would occur. (c): Po tentially significant unless mitigation incorporated. The project site is in a highly disturbed area zoned for light industrial uses adjacent to the Intersta te 5 freeway and the Rio Hondo Flood Control Channel. The project site is currently being used by Metro for a vehicle maintenance facility and related parking. The area of the sign is on the northwest corn er of the property and will not impac t the operations of the maintenance facility. The proposed sign would be located along a freeway within the City limits in an area zoned for industrial uses away from sensitive receptors. Notwithstanding this, the applican t prepared a visual simulation analysis to 2 determine the extent of any visual impacts. This visual simulation analysis involved analyzing nineteen different perspe ctives from the surrounding area. The result of the simulation analysis was the proposed sign is not visible from ten of the perspectives, th us having some visibility from the other nine. This goes without saying that the sign will be fully visible form the Interstate 5, in which it is designed to be directed towards. A second potential impact can result from the advertising displayed on the sign. It can be upsetting for persons who live and work in the area to view advertisement t hat contains any adult or se xually oriented businesses, tobacco-related products, or other content that contains any obscen e or profane language. This would be considered to degrade the existing visual charac ter or quality of the site and its surroundings. Even though the sign is anticipated to change the vis ual nature and character of the surroundings, it is being done in a manner that is consistent with the urbanized and developed nature of existing conditions. However, excessive light being generated from the sign at night or undesirable advertising can have a significant impact to the area; as such, mitigation measures are required. (d): Potentially significant unless mitigation incorporated. The project site is located within a heavily lighted urban area with many existing sources of light and glare, including building lig hting, parking lot lighting, street lighting, and traffic lights. The proposed sign will contribut e to a slight increase in light and glare to passing motorists on the Interstate 5 Freeway and adjacent properti es. However, the amount of additional light and glare would contribute to already-affected view sheds in this urban environment. An advantage of LED sign technology is that the sign brightness can be adju sted automatically depending on am bient lighting and weather conditions. Any digital sign constructed or operated that is visibl e from a California highway is required to obtain a Department of Transportation Outdoor Advertising Permit from Caltrans. As a condition of that permit, Caltrans typically requires the sign to comply with the brightness requirements outlined in the Outdoor Advertising Act in that the illumination thereon shall not be of such brilliance or so positioned as to blind or dazzle the vision of 3 travelers on adjacent highways . The standard used by the California D epa rtment of Transportation (Caltrans) for enforcing sign brightness is as follows: 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 1 City of Downey, Downey Vision 2025 – Comprehensive Ge neral Plan Update Draft EIR. July 2004 p. 8-1. 2 View Impact Analysis of proposed billboard 3 California Business and Prof essions Code Section 5403(g) Allvision Digital Billboard @ Metro Page 9 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 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 (California Vehicle Code Section 21466.5). Although these restrictions have been imposed for traffi c safety reasons, the resulting controls effectively regulate light and glare to ensure that the operation of any digital sign does not create a substantial new source of light or glare. Notwithstanding this, there is no guarantee that Caltrans will impose this regulation, so mitigation measures are needed to avoid signi ficant impacts from light and glare. Mitigation Measures: AES01: Lighting levels on the digital sign shall not exc eed 0.3 foot candles above ambient light from a distance of 250 feet, as measured according to standards of the Outdoor Advertising Association of America (OAAA). AES02: Brightness shall not exceed 800 nits (candela per square meter) from sunset to sunrise. At all other times, brightness will not exceed 7500 nits. AES03: Illumination shall be direct ed such that minimal light spill will occur on either side or the top or bottom of the sign face. AES04: A light sensor shall be installed with the sign to measure ambient light levels and to adjust light intensity to respond to such conditions. The light sensor adjusts the sign’s brightness in order to compete with ambient light. The darker the surrounding ambient light, the less bright the sign is. AES05: The sign shall not display any moving, flashing, scrolling, fading, brightening or animated text or video. AES06: Signage shall be controlled remotely and include remote maintenance software. AES07: LED lighting has a directional natur e, and the projected viewing angle values for this sign shall be ± 30° vertically and ± 60° horiz ontally. Louvers shall be located above each row of lights to prevent light from projecting upward into the sky. AES08: No sign shall advertise any adult or sexually or iented businesses, tobac co-related products, or other content that contains any obscene or profane language. 2. AGRICULTURE 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 Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland 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 Williamson act contract? Allvision Digital Billboard @ Metro Page 10 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact c) Conflict with existing zoning fo r, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, c ould result in conversion of Farmland, to non-agricultural use? Response: (a, b and e): No impact. The City of Downey is an urbanized area that is mostly built out with only infill development potential. There are no agri cultural lands within the City’s bou ndaries. The project will have no impact on converting Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Moni toring Program of the California Resources Agency, to non-agricultural use. Furthermore, the City’s General Plan (Vision 2025) does not include provisions for agricultural uses in the future. While the City does have a variety of zoning districts, agricultural uses are only allowed in the Open Space (O-S) zone. The subject site is neither within or adjacent to the O-S zone. Therefore, no impacts to agricultural resources would occu r with implementation of the proposed project. (c): No impact. The City of Downey is an urbanized area that is mostly built out with only infill development potential. There are no forest or ti mberland lands within the City’s bound aries. Therefore the project will not 4 5 timberland, or timberland zoned Timberland conflict with existing zoning for, or cause rezoning of, forest land, 6 Production. (d): No impact. The City of Downey is an urbanized area that is mostly built out with only infill development potential. There are no forest lands within the City’s boundaries. Therefore the project will thus not result in the loss of forest land or conversion of forest land to non-forest use. Mitigation Measures: None Needed 3. AIR QUALITY. Where available, the significance criter ia 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. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 4 As defined in Public Resource Code 12220(g) 5 As defined in Public Resource Code 4526 6 As defined in Government Code Section 51104(g) Allvision Digital Billboard @ Metro Page 11 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? b. Expose sensitive receptors to substantial pollutant concentrations? c. Create objectionable odors? Response: (a): No impact . The proposed sign is not anticipated to confli ct with or obstruct implementation of the applicable air quality plan. The proposed project is located in the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is the regional agency responsible for air quality regulations within the SCAB including enforcing the California Ambient Air Quality Standards (CAAQS) and implementing strategies to improve air quality and to mitigate effects from new growth. The SCAQMD, in association with the Ca lifornia Air Resources Board (CARB) and the Southern California Association of Governments (SCAG), is resp onsible for preparing the Air Quality Management Plan (AQMP) that details how the region intends to attain or maintain the state and federal ambient air quality standards. The Final 2007 AQMP describes the SCAQMD's plan to attain the federal fine particulate matter less than or equal to 2.5 microns (µm) in diameter (PM ) and 8-hour ozone (O ) standards. Although the SCAQMD 2.5 3 cannot directly regulate mobile so urce emissions, the Final 2007 AQMP requires the use of cleaner (as compared to "baseline") in-use (i.e., existing) off-road (i.e., non-highway) equipment. In 2007, CARB adopted a regulation to reduce diesel particulate matter and nitrogen oxides (NO ) emissions from in-use (existing) off-road x heavy-duty diesel vehicles. Consistency with th e 2007 AQMP is determined when a project: (1) does not increase the frequency or severity of an air quality standards violation or cause a new violation; (2) is consistent with the growth assumptions in the AQMP; and (3) does not conflict with the implementat ion of any of the control measures or strategies adopted in the AQMP. The purpose of the AQMP is to bring an area into compliance with the requirements of Federal and State air quality sta ndards. The consistency review is as follows: 1. The project will result in s hort-term construction re lated pollutant emission s less than the CEQA significance emissions thresholds established by the SCAQMD, as determined in Response No. 3(b) below. Therefore, the project will not result in an in crease in the frequency or severity of an air quality standards violation and will not cause a new air quality standard violation. 2. The project does not include a residential component that would result in any population growth and is consistent with the light industrial land use designati on. Therefore, the project is consistent with the growth assumptions utilized in the AQMP. 3. The pollution control strategies of the 2007 AQMP are mainly concerned with technologically based means of reducing emissions from mobile and stati onary sources. Many of t he control strategies are plans to develop regulations and rules that will spec ify future requirements for activities to reduce pollutant emissions. Example control strategies include increased industrial PM emissions control through baghouses, wet scrubbers, and other devices, volatile organic compounds (VOC) reductions in lubricants, and the light- and medium-duty vehicle high-emitters identification program to reduce NO , x and VOC emissions. There are no control stra tegies that are applicable to the project. Based on this consistency analysis, no impact is anticipated relating to conflicts with the Air Quality Management Plan. (b and c): Less than significant impact . Short-term air quality impacts can be anticipated from construction Allvision Digital Billboard @ Metro Page 12 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact activities, although the proposed project does not anticip ate violating any air quality standard or contribute substantially to an existing or projected air quality violat ion. All construction equipment is required to comply with CARB regulations, and construction activity is subject to the SCAQMD regulations. The California Clean Air Act, signed into law in 1988, established the CAAQS; all area s of the state are required to achieve and maintain the CAAQS by the earliest practicable date. Regions of t he state that have not met one or more of the CAAQS are known as nonattainment areas, while regions that meet the CAAQS are known as attainment areas. The proposed project would be located in the Los Angeles Co unty sub-area of the SCAB. Los Angeles County is designated as a state nonattainment area for O , PM , inhalable particulate matter less than or equal to 10 µm 3 2.5 in diameter (PM ), nitrogen dioxide (NO ), and lead; and an attainment or unclassified area for carbon monoxide 10 2 (CO), sulfur dioxide (SO ), sulfates, hydrogen sulfide, and visibility reducing particles. The SCAQMD publishes 2 7 thresholds of significance for these pollutants. In addition to the construction equipment operating at the si te, the project construction includes limited drilling of a hole five feet in diameter and 25 feet deep, which would displace approximately 18 cubic yards of soil. In order to avoid significant impacts by stock-piling or transporti ng this soil, fugitive dust measures shall be addressed. This activity is subject to the regulations under SCAQ MD's Rule 403 for fugitive dust control, which includes BMP’s to mitigate fugitive dust from construction sites. Furthermore, the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update, which was certified on January 25, 2005, includes several mitigation meas ures intended to reduce air quality impacts from 8 construction . Since these mitigation measures are already requi red on the construction, no additional mitigation is required. Significant air quality impacts are not anticipated from the associated operational characteristics of the project. project operations are limited to periodic maintenance two to six times per year and 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. Maintena nce 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 an estimated crew conservatively of 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, resultin g in emissions from the evapor ation of solvents contained in paints, varnishes, primers, and othe r surface coatings as part of mainte nance, and from the vehicular trips associated with maintenance vehicles. Based on the minimal operational emissions of the proposed sign, the proposed project's operational emissions are not anticipat ed to exceed the SCAQMD’s thresholds of significance. (d): No impact . Sensitive receptors include day care center s (adult & child), schools, hospitals, churches, rehabilitation centers, and long-term care facilities (i.e. assisted living facilities). A review of the area indicates that there are no sensitive re ceptors within ¼ mile of the project site. As such, no impact is anticipated. (e): No impact. During installation of the sign and periodic main tenance, there would be minimal emissions as described in Response No. 3(b) above. In addition, di gital signs are not known to create objectionable odors, and as such, no impact is anticipated. Mitigation Measures: AIR01: The applicant shall comply with all mitigation meas ures contained in the Ci ty of Downey General Plan (Vision 2025) regarding air quality impacts. AIR02: During construction, the applicant shall comply with all BMP’s contained in SCAQMD's Rule 403 for fugitive dust control. 7 South Coast Air Quality Manage ment District, Air Qu ality Significance Thresholds, March 2011 8 City of Downey, Mitigation Monitoring Program for the Comprehensive General Plan Update Draft EIR. July 2004 p. 4-3 Allvision Digital Billboard @ Metro Page 13 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 4. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or specia l 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? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, f illing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native w ildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources? (i.e. tree preservation ordinance). f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Co mmunity Conservation Plan, or other approved local, regional or state habitat conservation plan? Response: (a): No Impact. There are no species identified as a candidate, se nsitive, or special species in local, regional, state, or federal documents within the Ci ty of Downey. No impact would occur. (b): No Impact. The project site consist mainly of asphaltic conc rete, with no riparian habitat or other sensitive natural community identified in local or regional plans, po licies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wi ldlife Service. However, there are portions of Rio Hondo Channel in which 9 the concrete channel bed has been removed and natural vegetation has returned; however, the proposed development would not be placed in the flood co ntrol channels. No impact would occur. (c): No Impact. There are no federally protected wetlands as defined by Section 404 of the Clean Water Act identified in the City of Dow ney. No impact would occur. (d): No Impact. The movement of any native resident or migratory fish or wildlife species or established native 9 City of Downey, Downey Vision 2025 – Comprehensive Genera l Plan Update Draft EIR Initial Study. March 2004. p. C-18. Allvision Digital Billboard @ Metro Page 14 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact resident migratory wildlife corridors, or the uses of native wildlife nursery site s have not been identified in the City 10 of Downey. Accordingly, the project would not impact the move ment of any native resident or migratory fish or wildlife species or with established native resident mi gratory wildlife corridors. No impact would occur. (e): No Impact. The City of Downey does not have any local ordinance to protect biological resources. No impact would occur. (f): No Impact. There is no adopted Habitat Conservation Plan, Natural Community Plan or other habitat conservation plan. No impact would occur. Mitigation Measures: None Needed 5. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines 5064.85? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines 5064.5? c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? Response: (a): No impact. The project site is previously disturbed, and t here are no known historical resources on the site. Any resources that may have existed on the site at one time are likely to have been displaced or damaged and, as a result, the overall sensitivity of the site with respect to buried resources is low. Additionally, limited excavation into soils is expected to occur, which would further limit the potential for resources to be encountered with implementation of the proposed project. Notwithsta nding this, there is no known event in history that occurred at the site that would qualify it for historical preservation. Further more, the architecture of the existing buildings is not unique nor do they represent an illustrative sample of a particular architectural style. Therefore, the project will have no impact on historical resource s as defined in CEQA Guidelines Section 15064.5. (b): No impact. The project site is previously disturbed, an d there are no known archeological resources on the site. The project will have no impact on the significa nce of an archaeological re source pursuant to CEQA Guidelines Section 15064.5. Notwithstanding this, should any be discovered on the site, the applicant is required to comply with the provisions set forth in CEQA Gu idelines Section 15064.5 regarding archaeological sites. (c): No impact. The project site is previously disturbed, a nd there are no known paleontological resources on the site. The proposed sign would not directly or indire ctly destroy a unique paleontological resource or site or unique geologic feature. Notwithstanding this, should any be discovered on the site, the applicant is required to comply with the provisions set forth in CEQA Guide lines Section 15064.5 regarding paleontological sites. (d): No impact. The project is not expected to disturb any human remains “since all burials in the City have 10 City of Downey, Downey Vision 2025 – Comprehensive Genera l Plan Update Draft EIR Initial Study. March 2004. p. C-19. Allvision Digital Billboard @ Metro Page 15 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 11 occurred in the Downey Cemetery since the late 1880s”. Thus, the project will not disturb any human remains, including those interred outside of formal cemeteries. Notwithstanding this, should any be discovered on the site, the applicant is required to comply with the provisions set forth in CEQA Guidelines Section 15064.5 regarding human remains sites. Mitigation Measures: None Needed 6. 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: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial eviden ce of a known fault? 2) Strong seismic ground shaking? 3) Seismic-related ground failure, including liquefaction? 4) Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or 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 of the California Building Code, creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of water? Response: (a.1-a.3): Less than significant impact. A geotechnical study was conducted for the project site and concluded 12 that the proposed development is geol ogically and geotechnically feasible. The City of Downey is not located within an Alquist-Priolo Earthquake Fault Zone, as indicated on the zone map issued by the State Geologist for the area, nor is it expected to involve strong seismic ground shaking or seismic-related ground failure, including liquefaction. Construction of a sign will not involve si gnificant changes in topography, and minimal earthwork will be involved at the project site as described in the project description. 11 City of Downey, Downey Vision 2025 – Comprehensive General Plan Update Draft EIR. July 2004 p. 8-2 12 Geotechnical Investigation for Proposed Electronic Billboard : 7878 Telegraph Road, Downey, CA, RMA Group, February 26, 2013 Allvision Digital Billboard @ Metro Page 16 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact Nonetheless, the City of Downey is located in an area co n sidered to be seismically active, as is most of Southern California. Major active fault zones are located southwest and northeast of the City, with the fault with the greatest potential to impact the project site being the Wh ittier Fault, which is located approximately 4-5 miles 13 Since the site is not northeast of the project site and is capable of a maximum moment magnitude of 6.80. located within the boundaries of an Earthquake Fault Zone and no faults are known to pass through the property, 14 surface fault rupture within t he site is considered unlikely. Construction of the proposed sign would comply with current California Building Code, as amended by the City of Downey, requirements that would ensure a less than significant impact from exposure of people or structures to risk as sociated with rupture of a known ak e fault. earthqu Liquefaction is a phenomenon where earthquake-induced ground vibrations increase the pore pressure in saturated, granular soils until it is equal to the confini ng, overburden pressure. When this occurs, the soil can completely lose its shear strength and enter a liquefied st ate. The possibility of liquefaction is dependent upon grain size, relative density, confining pressure, saturation of the soils, strength of the ground motion and duration of ground shaking. In order for liquefaction to occur, three criteria must be met: underlying loose, coarse-grained (sandy) soils; a groundwater depth of less than about 50 feet; and a nearby large magnitude earthquake. The susceptibility of soil to liquefy tends to decrease as the density of the soil increases and the intensity of ground shaking decreases. Given the depth of the ground wate r at the project site, the potential for liquefaction is 15 Strong ground shaking will also tend to densify loose to medium dense deposits of considered unlikely. partially saturated granular soils and could result in se ismic settlement of foundatio ns and the ground surface at the project site. The overall potential for damaging seismically-induced settlement is considered to be low. Seismically-induced ground shaking can also cause slop e-related hazards through various processes including slope failure, lateral spreading, flow liquefaction, and ground lurching. Since the ground water depth is greater than 90 feet and the nearest fault is located about 4-5 miles to the northeast, the potential for lurching at the site 16 Therefore, the overall potential for such failure s is considered to be low. As the potential for is low. liquefaction and seismic settlement at the project site is low, there would be no significant impacts associated with seismic-related ground failure and l iquefaction. (a.4): No impact. Topographically, the property is essentially planar, sloping gently to the south at about a one to two percent grade. Elevations in the area of th e proposed sign are approximatel y 144 feet above sea level. The City of Downey has a relatively flat topography, and the possibility of landslides is unlikely. The Geotechnical Report concluded that there are no landslide hazards at the project site. The project site is not within a potential earthquake-induced landslide hazard z one, and due to the low gradient of the site, seismically induced landsliding is nil. Implementation of the propos ed project would not result in the exposure of people or structures to the risk of landslides during a seismic event. (b): No impact. The project will not result in su bstantial soil erosion or the loss of topsoil. The potential for soil erosion on the project site is low due to the existing topography of the project site and the limited construction activities. Furthermore, the project site, particularly t he construction area is covered with asphaltic concrete. Therefore, no impacts related to soil erosion are anticipated. 13 Appendix C of Geotechnical Investigation for Proposed El ectronic Billboard: 7878 Telegraph Road, Downey, CA, RMA Group, February 26, 2013 14 Appendix C of Geotechnical Investigation for Proposed El ectronic Billboard: 7878 Telegraph Road, Downey, CA, RMA Group, February 26, 2013 p.3 15 Appendix C of Geotechnical Investigation for Proposed El ectronic Billboard: 7878 Telegraph Road, Downey, CA, RMA Group, February 26, 2013 p.4 16 Appendix C of Geotechnical Investigation for Proposed El ectronic Billboard: 7878 Telegraph Road, Downey, CA, RMA Group, February 26, 2013 p.5 17 Geotechnical Investigation for Proposed Electronic Billboard : 7878 Telegraph Road, Downey, CA, RMA Group, February 26, 2013 Allvision Digital Billboard @ Metro Page 17 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact (c): No impact. The Geotechnical Report concluded that the proposed development is geologically and 17 geotechnically feasible. The project site is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and is unlikely to result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. As discussed in the Geotechnical Report, the site is underlain by alluvium, which is not considered unstable. The alluvium was found to consist of medium dense sand and silty sands extending to depths of 12.5 feet. A soft layer of clayey silt was encountered between 12.5 and 15 feet, becoming stiff below 15 feet. Below 17.5 feet to the depths explor ed of 30 feet, the alluvium consists of dense sands. Therefore, no impacts related to unstable soils are anticipated. (d): No impact. The project is not located on expansive soil, as defined in Building Code, creating substantial risks to life or property. Expansive soils are typically comp osed of certain types of silts and clays that have the capacity to shrink or swell in response to changes in soil moisture content. Shrinking or swelling of foundation soils can lead to damage to foundations and engineered st ructures including tilting and cracking. The proposed project would comply with current City Code and CBC r equirements and would not affect foundations or result in other structural or engineering modifications that coul d increase exposure of people or structures to risk associated with expansive soils. (e): No impact. The City of Downey is an urban area that is served by a sanitary sewer system. New septic tanks are prohibited within the City. Mitigation Measures: GEO01: The applicant shall follow all recommendations and conclusions contained in the Geotechnical report prepared by RMA Group and dated February 26, 2013 7. GREENHOUSE GAS EMISSION. Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Response: (a): Less than significant impact. Greenhouse gas (GHG) emissions contri bute, on a cumulative basis, to the significant adverse environmental impacts of global c limate change. No single project could generate enough GHG emissions to noticeably change the global average te mperature. The combination of GHG emissions from past, present, and future projects contributes substantia lly to the phenomenon of global climate change and its associated environmental impacts and as such is addressed only as a cumulative impact. Implementation of the proposed project would not substantially contribute to in creases of GHG emissions that are associated with global climate change. Estimated GHG emissions attributable to the proposed project are minimal and would be primarily associated with increases of carbon dioxide (CO ) from mobile sources associated with project 2 construction and minimal, periodic maintenance. There ar e no permanent sources of GHG emissions involved with the proposed project. Emissions of CO typically constitute a majority of total mobi le-source GHG emissions commonly associated with 2 ), largely generated by development projects. To a lesser extent, other GHG pollutants, such as methane (CH 4 O), would typically have a minor contribution to overall GHG natural-gas combustion, and nitrous oxide (N 2 emissions. These pollutants are not associated with this type of development. The SCAQMD does not have an adopted threshold of significance for construction-related or for operational-related GHG emissions for Allvision Digital Billboard @ Metro Page 18 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact nonindustrial facilities. However, as described in the Air Quality section above, the proposed project is well below the SCAQMD’s screening thresholds for projects that would emit significant emissions, including CO . 2 The proposed project could generate GHG emissions from v ehicle exhaust (i.e., trucks, cherry picker/lift(s), and construction worker commuting) associated with the inst allation of the proposed sign, and periodic maintenance activities. Additionally, purchased electricity necessary to operate the sign would cause indirect GHG emissions. . For purposes Digital signs are powered by electricity, the production of which may generate emissions of CO 2 of this analysis, the operation of the proposed sign is conservatively assumed to consume approximately 10,000 kilowatts at full power per month. Assuming that it operated at full power 24 hours per day, approximately 120,000 kilowatt-hours per year (kWh/year) would be consum ed. As technology is refined, the sign could be updated with more efficient technology, and a reduction in overall electricity usage would be likely to occur. While project approval may alter the electrical usage and re sult in additional carbon emissions temporarily from construction vehicles and the generation of power needed fo r the sign, the installation of the proposed sign would not have a significant environmental effe ct related to greenhouse gas emissions or climate change. Given the small size of this project, it is likely that GHG emissi ons associated with the project are very minimal and would not exceed any threshold were one adopted. Since there are no established thresholds of significance against which to measure the impacts, the quantitative assumpti on is that the proposed project’s contribution to the overall issue of global warming is highly limited and considered not significant. The project also includes light sensor controls and the ability to immediately respo nd to technology improvements, which are beneficial. Therefore, there is no significant impact. (b): Less than significant impact . As discussed in Response No. 7(a) above, GHG emissions that would occur from the installation and operation of the proposed project would be less than significant. The City does not have local policies or ordinances with t he purpose of reducing greenhouse gas emissions. However, the City is subject to compliance with the Global Warming Solutions Act (AB 32). Therefore, compliance with AB 32 would ensure a less than significant impact. Mitigation Measures: None Needed 8. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the releas e of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely 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 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? Allvision Digital Billboard @ Metro Page 19 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 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 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, 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 adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? Response: (a through c): No impact. The proposed project involves implementation of a new sign and would not involve the use, handling, or storage of any po tentially hazardous materials, nor wo uld it involve excavation that could potentially disturb contam inated soils or groundwa ter. As such, the project will not create a significant hazard to the public or the environment through reasonably foresee able upset and accident conditions involving the release of hazardous materials into the environment. In additi on, there are no schools located or proposed within one- quarter mile of the project site. Therefore, the project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. (d): No impact. The project is not located on a site which is included on a list of hazardous materials sites 18 compiled pursuant to Government Code Section 65962.5. (e and f): No impact. The City of Downey is not located within an airport land use plan or within two miles of a public airport or public use airport. Therefore, the proj ect would not result in a safety hazard for people residing or working in the project area. (g): No Impact. The proposed project is located on a portion of t he site that is used for vehicle storage. This location is not accessible by the public and is not within an evacuation route. During construction and operation of the sign, no interference with an adopted emergen cy response plan or emergency evacuation plan is anticipated. Furthermore, the proposed digital sign can be used to disseminate information to the public in the event of an emergency. Therefore, impact is expected to be less than significant regarding emergency plans. (h): No impact. The project site is located in an urbanized a nd industrial area of the City and is not contiguous to a designated high fire area associated with any desig nated wildland area. Therefor e, implementation of the proposed project would not result in the exposure of peopl e or structures to hazards associated with wildland fires. Mitigation Measures: None Needed 18 Checked on Department of To xic Substance Control website ( http://www.envirostor.dtsc.ca.gov/public ) on May 6, 2013 Allvision Digital Billboard @ Metro Page 20 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 9. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge requirements? b. Substantially deplete ground water supplies or interfere 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 or area, including through the alteration of the course of 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 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 capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? g. Place housing within a 100-year flood hazard area as 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 which would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, 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? Response: (a through f): No impact. The agency with jurisdiction over water quality within the project area is the Los Angeles Regional Water Quality Control Board (LARWQCB). The Clean Water Act (CWA) prohibits the discharge of pollutants to waters of the United States from any point source unless the discharge is in compliance with a National Pollutant Discharge Elimi nation System (NPDES) permit. In accordance with the CWA, the proposed sign, as with all construction within the City of Downey, is required to comply with the NPDES, if applicable. The project involves construction of a new digital sign in compliance with all applicable NPDES requirements, and as such would not cause any vi olations associated with water quality standards or Allvision Digital Billboard @ Metro Page 21 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact water discharge requirements. Construction and operation of the proposed project woul d not involve dewatering and, thus, would not deplete groundwater supplies. The Geotechnical Report concluded that ground water was not encountered during their subsurface exploration, which extended to a maximum d epth of 30 feet. Historic records dating back to 1956 indicate the shallowest groundwater reading was on March 31, 1994 when the groundwater was 47 feet below the existing ground surface. The deepest groundwater wa s 142 feet on August 11, 1956. Implementation of the proposed project would not substantially deplete groundwater supplies or interf ere substantially with groundwater recharge, and, as such, no impacts would occur. The proposed project also would not materially change the amount of impervious surfaces at the project site or otherwise alter existing drainage patterns or surface wa ter runoff quality or quantities on the project site. Operation of the proposed sign does not involve the use of water or generation of waste water. As such, implementation of the proposed project would not result in significant impacts on surface water quality. (g through h): No impact. Pursuant to Flood Insurance Rate Map, Flood Zone Map No. 06037C1830F, as revised on September 26, 2008, the project site lies with in the boundaries of 100- and 500-year flood zones. However, due to the nature of the proposed project, which involves constructing and operating a sign structure over a small area of the Metro property, it is not anticipated to impede or redirect flood flows within the area. Therefore, no impact would occur. The proposed proj ect does not involve the construction of housing. Therefore, no impacts resulting from the placement of housing or other structures within a 100-year flood hazard area would occur. (i): No impact. The project site lies within the boundaries of 500-year flood zones. The subject site is located near the Rio Hondo Channel, and according to the Vision 2025 FEIR, this flood control channel has been 19 No impact is anticipated on flooding designed to meet or exceed the discharge capacity for a 100-year flood. as a result of the failure of a levee or dam. Therefore, no impacts due to the exposure of people or structures to a risk of loss, injury, or death involving flooding as a re sult of the failure of a levee or dam would occur. (j): No impact. The City of Downey is relatively flat and is not located near a dam, lake, or ocean, and therefore, inundation by seiche, tsunami, or mudflow is not anti cipated. Moreover, tsunamis and seiches do not pose hazards due to the inland location of the site and lack of nearby bodies of standing water. Mitigation Measures: None Needed 10. LAND USE AND PLANNING. Would the project: a. Physically divide an established community? b. Conflict with any applicable land use plan, policy, or 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 or natural community conservation plan? 19 City of Downey, Downey Vision 2025 – Comprehensive General Plan Update Draft EIR. July 2004 p. 5-58 Allvision Digital Billboard @ Metro Page 22 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact Response: (a): No impact. The construction and operation of the proposed sign on the project site will not physically divide an established community, as it is being placed on the northwest corner of the curr ent Metro operating facility and will not block access to the surrounding sites. The pr oject will not disrupt or divide the physical arrangement of an established community. (b): No impact. The project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpos e of avoiding or mitigating an environmental effect. The project is consistent with the current General Plan and zoning designations, as well as the existing Metro use of the site. According to Downey Muni cipal Code Section 9622(a)(1), billboa rd signs are permitted in M-1 zones with a Conditional Use Permit (CUP). The applicant, however, is applying for a variance, which will cover: 1. A 55-foot pole structure, whic h exceeds the height of 35 feet sp ecified in Section 9622(b)(3); and, 2. A sign area of 672 square feet per face (total sign area of 1,344 square f eet) which exceeds the sign area of 300 square feet spec ified in Section 9622(b)(1). The City has determined that the project findings can be made for both the CUP and variance approvals. With approval of the CUP and variance, the project will be cons istent with all applicable City requirements for new signs. (c): No impact. There is no applicable habitat conservation plan or natural community conservation plan. Therefore, the project will not conflict with any app licable habitat conservation plan or natural community conservation plan, as there are no applicable conservation plans. Mitigation Measures: None Needed 11. MINERAL RESOURCES. Would the project: a. Result in the loss of availa bility 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 availab ility of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: (a and b): No impact. The project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the stat e or of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. There are no known mineral resources on the site. Therefore, the proposed project w ould not affect access to or the availability of valued mineral resources. Mitigation Measures: None Needed Allvision Digital Billboard @ Metro Page 23 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 12. 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 groundborne vibration or groundborne 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? 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? Response: (a through d): Less than significant impact. Digital signs are not known to emit noise or sound. During the short period of construction of the project, however, there may be increased noise levels or vibration. Construction activities are regulated by the City of Downey’s Municipal Code. These impacts would be temporary and are considered less than significant. Construction and implementati on of the proposed project would not result in a substantial temporary or permanent increase in ambient noise levels, nor would it expose persons to generation of noise levels in excess of standar ds or excessive groundborne vibration or noise. The proposed project involves installation of one new sign. It is located at a property that is zoned for light industrial uses and adjacent to a busy freeway (Interstate 5) with many existing sources of noise and a high level of existing ambient noise. Installation of the proposed sign and periodic maintenance, which would involve the use of equipment such as trucks and cherry picker/lifts, wo uld not generate noise in ex cess of the City's noise ordinance, nor would it result in a substantial temporary increase in ambient noise levels. With regard to roadway noise associated with construction traffic on area roads, traffic volumes on roads with good operating conditions (i.e., Level of Service of B or be tter) would have to increase at more than a three-fold rate to reach the City's threshold of significance of a 5 dBA increase and would need to increase even more on roads with poor operating conditions (i.e., Level of Serv ice C or worse). Given the limited scope of construction activities (installation and removal of signs), only a small amount of construction traffic would occur, and this would not result in a noise level increase t hat would exceed the threshold of significance. Operation of the proposed project would not generate any noise with t he exception of periodic maintenance activities as discussed above. Additionally, the propos ed project would not result in an increase in noise generating activities such as traffic. (e and f): No impact. The project site is not located within an airport land use plan, within two miles of a public Allvision Digital Billboard @ Metro Page 24 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact airport or public use airport, or within the vicinity of a pr ivate airstrip. Therefore, ther e is no impact in this regard. Mitigation Measures: NOI01: The sign shall not emit any verbal announcement or noises of any kind. 13. 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? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Response: (a): No impact. The proposed sign would not induce substant ial population growth in an area. The proposed project involves installation and operation of one new sign and does not include residential development. The proposed improvement would not increas e existing long-term employment. With no increase in long-term employment, and no new homes proposed, the proposed proj ect would not induce substantial population growth. Furthermore, the project site is located within a deve loped area, and no new roads or extensions of existing roads or other growth-accommodating infrastructure are proposed. Therefore, the proposed project would not directly or indirectly induce substant ial population growth through extension of roads or other infrastructure. No impact would occur. (b): No impact. The proposed sign would not displace substant ial numbers of existing housing. There are no existing residential properties on the project site. Im plementation of the proposed project would not displace housing. Therefore, no impacts on housing would occur. (c): No impact. The proposed sign would not displace substant ial numbers of people, as it will be located on a currently unutilized portion of an operational Metro site. No impact would occur. Mitigation Measures: None Needed 14. PUBLIC SERVICES. a. Would the project result in 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: 1) Fire protection? Allvision Digital Billboard @ Metro Page 25 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 2) Police protection? 3) Schools? 4) Parks? 5 ) Other p ublic facilities? Response: (a.1 through a.5): No impact. The proposed sign would not result in substantial adverse physical impacts associated with the provisi on of new or physically altered government al 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 fire protection, police protection, schools, parks, or other pub lic facilities. The proposed project entails placement of one new sign. The proposed project would comply with all applicable City and State codes, ordinances and regulations. The proposed sign would be made of noncombustible materi als approved by both the Fire Department and Building Department. It would not add new buildings or increase lo ng-term employment. Therefore, no impacts on fire or police protection services are expected with implementation of the proposed project. Further, no impacts to, or need for, new school facilities, parks or other public facilities would occur. Mitigation Measures: None Needed 15. RECREATION. a. Would the project increase the use of existing neighborhood and regional parks or other recr eational facilities such that substantial physical deteriorati on of the facility would occur or be accelerated? b. Does the project include recrea tional facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: (a): No impact. The proposed project will not crea te new households that could increase the use of existing neighborhood and regional parks or other recreational facilitie s such that substantial physical deterioration of the facility would occur or be accelerated. The propos ed project does not include development of recreational facilities nor does it include residentia l development that would increase demand for recreational facilities. The proposed project would not increase long-term empl oyment such that increased demand for neighborhood and regional parks or other recreational fa cilities would occur. Therefore, the proposed project would not result in substantial physical deterioration of ex isting area recreational facilities or re quire the construction or expansion of recreational facilities. No impact would occur. (b): No impact. The project does not include recreational facilitie s or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. No impact would occur. Mitigation Measures: None Needed Allvision Digital Billboard @ Metro Page 26 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 16. TRANSPORTATION/TRAFFIC. Would the project: a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase haza rds due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Result in inadequate parking capacity? g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: (a and b): Less than significant impact. The proposed project would no t conflict with applicable plans, ordinances or policies establishing measures of effect iveness for the performance of the circulation system, and traffic created during construction and operational activiti es is expected to be minimal. Construction of the proposed project would generate a minimal amount of traffi c associated with workers traveling to and from the site. Given the limited construction and operational activi ties (installation of one new sign and maintenance of approximately two to six visits annually), these vehicle trip s would not be sufficient to result in noticeable traffic impacts on the local roadway system or exceed any le vel of service standard established by the county congestion management agency for designated roads or highways. All roads would be kept clear and unobstructed at all times during sign in stallation and operation and thereby woul d not create a significant impact. (c): No impact. The proposed sign would not result in a change in air traffic patterns. The proposed project site, like the rest of the City of Downey is within the landing path for LAX. However, due to the distance of the City of Downey to LAX, most planes are at a high enough altitude that cannot be impacted by development. The proposed sign does not project lights into the sky, or hav e any other feature that c ould disrupt the existing air traffic patterns. Therefore, the proposed projec t would have no impact on air traffic patterns. (d): Potentially significant impact unless mitigated. As digital sign technology has evolved, the issue has been raised as to whether digital signs themselves, regard less of compliance with such operating restrictions, present a distraction to drivers and ther eby create conditions that could lead to accidents. A digital sign allows for periodic changes in displayed advertising messages electronically, and primary concerns regarding their impacts center around driver safety and distraction. The proposed sign as described in the project Description above includes a number of features that will ensure compliance with the State of California’s Outdoor Advertising Act (Business and Professions Code Section 52 00 et seq.) and all current best practices for digital Allvision Digital Billboard @ Metro Page 27 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact signs. During construction and operational activities , all necessary equipment and vehicles would be required to use local roadways; however, this is not anticipated to create a safety hazard. In addition, a number of technical studies demonstrate that the proposed di gital sign is not anticipated to substantially increase hazards due to its 2021 These studies show that there are no differe nces in the overall glance patterns between design features. digital billboards, conventional billboards, comparison events, and baseline events. Furthermore, one study 22 found that digital billboards “have no st atistically significant relationship with the occurrence of accidents.” In addition to these studies, the Federal Highway Administration (FHWA) has also addressed signage issues in general, and digital signs in particular. As part of it s agreement with various stat es pursuant to the Highway Beautification Act, for example, it has 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 obstr uct or physically interfere with the vision of drivers in approaching, merging or intersecting traffic. While these provisions may be enfor ced by the FHWA, through agreement with the State of California th ey are typically enforced by Caltrans. Notwithstanding the aforementioned studies, and Federal re gulations. The proposed signs can pose a significant hazard to drivers if they are over-illuminated (particularly at night). Since the sign is LED, the sign technology allows the brightness to be adjusted automatically depending on ambient lighting and weather conditions. Mitigation measures are needed to ensure the sign does not result in a significant impact to motorist. (e): No impact. The proposed sign would be located outside tr avelled portions of the roadway and would present no obstacle to emergency access. The proposed si gn would also have the capacity to display official messages regarding emergencies and could perform as part of the emergency response system. The project would not result in inadequate emergency access. (f): No impact. The proposed project involves the installa tion and operation of one new sign. It would not conflict with, nor hinder performance of policies, plans, or programs regarding alternative forms of transportation. Mitigation Measures: TRA01: The applicant shall obtain all required permits fr om Caltrans regarding Highway Oriented Signs TRA02: Signs shall not be placed with illumination that inte rferes with the effectiveness of or obscures any official traffic sign, device or signal. TRA03: Signs shall not include or be illuminated by flashing, intermittent or moving lights (except that part necessary to give public service information such as time, date, temperature, weather or similar information). TRA04: Signs 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. TRA05: Duration of all displays shall be a minimum of four seconds with a one to four second transition time between displays. 20 Driving Performance and Digital Billboards, Vi rginia Tech Transportation Institute. March 2007 21 A study of the relationship between Digital Billboard s and Traffic Safety, Tantala Associates. August 2010 22 A study of the relationship between Digital Billboards and Traffic Safety, Tantala Associates. August 2010 p.3 Allvision Digital Billboard @ Metro Page 28 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or 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 stormwater drainage facilities or expansion of existing facilities, the construction of which could ca use significant environmental effects? 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, st ate, and local statutes and regulations related to solid waste? Response: (a through g): No impact. The project would not generate any wastewater or require a supply of potable water. Construction and operation of the sign would not require other utility services (wat er, wastewater, storm water drainage, or landfill facilities), and no impact to these services would occur. The proposed project would not increase existing employment or otherwise affect water use or wastewater generation. The project also does not materially change the amount of permeable surface areas, drainage patterns, or affect storm water drainage systems. Periodic replacement of t he LED lights on the digital display sign s would also be required. Although LED lights cannot be recycled, their disposal requires no part icular procedure unlike other fluorescent light bulbs. The solid waste generated from replacing signage and lighti ng would be minimal. In addition, no inert solid waste is anticipated to be generated as a resu lt of the proposed project. The digita l sign would require electrical service (conservatively assumed to be approximately 10,000 kilo watts per month). Providing such service through extension of existing electrical serv ices in the vicinity would not resu lt in any significant impacts. Mitigation Measures: None Needed Allvision Digital Billboard @ Metro Page 29 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION III – ENVIRONMENTAL EVALUATION Potentially Potentially Significant Significant Impact - EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact 18. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potent ial 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 impact s 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 envir onmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Response: (a): No impact. As described throughout the preceding checklist sections, the proposed project will not 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): No impact. Based on the analysis contained within this Init ial Study, the proposed project is not anticipated to create impacts that are individually limited, but cumulatively considerable. (c): No impact. Based on the analysis contained within this In itial Study, the proposed project will not have environmental effects which w ill cause substantial ad verse effects on human beings, eith er directly or indirectly. Mitigation Measures: None Needed Allvision Digital Billboard @ Metro Page 30 May 13, 2013 CEQA INITIAL STUDY – PLN-12-001 64 SECTION IV – REFERENCES SECTION IV. REFERENCES 1. ACRONYMS Air Quality Management Plan AQMP Carbon Dioxide CO 2 Carbon Monoxide CO Best Management Practices BMP California Air Resources Board CARB California Ambient Air Quality Standards CAAQS California Building Code CBC California Department of Transportation CALTRANS California Environmental Quality Act CEQA City of Downey General Plan VISION 2025 Clean Water Act CWA Conditional Use Permit CUP Congestion Management Plan CMP Environmental Impact Report EIR Federal Highway Administration FHWA Final Environmental Impact Report FEIR Fine Particulate Matter PM 2.5 Global Warming Solutions Act AB 32 Greenhouse gases GHGs Household Hazardous Wastes HHW Housing and Community Development HCD Inhalable Particulate Matter PM 10 Light Emitting Diode LED Los Angeles County Metropolitan Transportation Authority METRO Los Angles Regional Water Q uality Control Board LARWQCB Methane CH 4 Metropolitan Water District MWD National Pollution Discharge Elimination System NPDES Nitrous Oxide N O 2 Ozone O 3 Regional Water Quality Control Board RWQCB South Coast Air Basin SCAB South Coast Air Quality Management District SCAQMD Southern California Association of Governments SCAG Sulfur Dioxide SO 2 Allvision Digital Billboard @ Metro Page 31 May 13, 2013 CEQA INITIAL STUDY – PLN-12-001 64 SECTION IV – REFERENCES 2. LIST OF PREPARERS City of Downey – Community Development Department 11111 Brookshire Avenue Downey, CA 90241 David Blumenthal, Senior Planner (562) 904-7154 3. BIBLIOGRAPHY The following documents have been references in pre paring this initial study and are incorporated by reference. Copies of the documents are ava ilable for review with the project file. California Building Code, as adopted by the City of Downey City of Downey. Downey Vision 2025 General Plan City of Downey. Downey Vision 2025 General Plan EIR. City of Downey Zoning Code South Coast Air Quality Management Distri ct. SCAQMD Air Quality Significance Thresholds. March 2011 South Coast Air Quality Management District. Rule 403 – Fugitive Dust. June 2005 Tantala Associates. A study of the relationships between digital billboards and traffic safety. August 2010 Virginia Tech Transportation Institute. Driving Performance and Digital Billboards. March 2007 Allvision Digital Billboard @ Metro Page 32 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION V – MITIGATION MEASURES SECTION V. MITIGATION MEASURES The following is a summary of the mitigation measures contained in this document: Aesthetics: AES01: Lighting levels on the digital sign shall not exceed 0.3 foot candles above ambient light from a distance of 250 feet, as measured according to standards of the Outdoor Advertising Association of America (OAAA). AES02: Brightness shall not exceed 800 nits (candela per square meter) from sunset to sunrise. At all other times, brightne ss will not exceed 7500 nits. AES03: Illumination shall be directed such that minima l light spill will occur on either side or the top or bottom of the sign face. AES04: A light sensor shall be installed with the sign to measure ambient light levels and to adjust light intensity to respond to such condi tions. The light sensor adjusts the sign’s brightness in order to compete with ambient light. The darker the surrounding ambient light, the less bright the sign is. AES05: The sign shall not display any moving, flashing, scrolling, fading, brightening or animated text or video. AES06: Signage shall be controlled remotely and include remote maintenance software. AES07: LED lighting has a directional nature, and the projected viewing angle values for this sign shall be ± 30° vertically and ± 60° horizonta lly. Louvers shall be located above each row of lights to prevent light from projecting upward into the sky. AES08: No sign shall advertise any adult or sex ually oriented businesses, tobacco-related products, or other content that c ontains any obscene or profane language. Air Quality: AIR01: The applicant shall comply with all mitigati on measures contained in the City of Downey General Plan (Vision 2025) regarding air quality impacts. AIR02: During construction, the applicant shall comp ly with all BMP’s contained in SCAQMD's Rule 403 for fugitive dust control. Geology and Soils: GEO01: The applicant shall follow all recommendations and conclusions contained in the Geotechnical report prepared by RMA Group and dated February 26, 2013 Noise: NOI01: The sign shall not emit any verbal announcement or noises of any kind. Transportation/Traffic: TRA01: The applicant shall obtain all required permits from Caltrans regarding Highway Oriented Signs TRA02: Signs shall not be placed with illumination that interferes with the effectiveness or of obscures any official traffic sign, device or signal. TRA03: Signs shall not include or be illuminated by flas hing, intermittent or moving lights (except that part necessary to give public service in formation such as time, date, temperature, weather or similar information). TRA04: Signs shall not cause beams or rays of light to be directed at the traveled way if such light is of such intensity or brillianc e as to cause glare or impair the vision of any driver, or to interfere with any driver’s o peration of a motor vehicle. TRA05: Duration of all displays shall be a minimum of four seconds with a one to four second transition time between displays. Allvision Digital Billboard @ Metro Page 33 May 13, 2013 CEQA INITIAL STUDY – PLN-12-00164 SECTION VI – EXHIBITS SECTION VI. EXHIBITS EXHIBIT A View Analysis CEQA INITIAL STUDY – PLN-12-00164 SECTION VI – EXHIBITS EXHIBIT B Geotechnical Report G G EOTECH N N ICAL CO N N SULTAN T T S Ù × × ÛÑ Ì Ì ÛÝØÒ×ÝßÔ ÒÊÛÍÌ×ÙßÌ × × ÑÒ ÚÑ Î Ð Û Þ ÎÑÐ Ñ Ñ ÍÛÜ ÔÛÝÌ Î Î ÑÒ×Ý ×ÔÔÞ Ñ Ñ ßÎÜ é é èéè Ì Î ÛÔÛÙ Î Î ßÐØ ÑßÜ Ü ô Ýß ÑÉÒ Û Û Ç º± ® ® ß´´ Ê·­·± ²ô ÔÔÝ ìîð Ô Ô »¨·²¹¬±² ß ª ª »²«»ô Í«·¬» ï ï êðï Ò»© DZ ® ® µô ÒÇ Ú»¾®«¿®§ îêô îðïí ïíóð è è ïóð G E E OTECHN I I CAL CON SULTANT S S ÌßÞÔÛ Ñ Ñ Ú ÝÑÒÌÛ Û ÒÌÍ Ð ß ß ÙÛ ïòðð × ï Ò Ì Ì ÎÑÜËÝÌ×Ñ Ò Ò ïòðï Ы ® ® °±­» ï ïòðî ͽ ± ± °» ±º ¬¸» ײ ª ª »­¬·¹¿¬·±² ï ïòðí Í·¬ » » Ô±½¿¬·±² ¿ ² ² ¼ Ü»­½®·°¬·± ² ² ï ïòðì Ý « « ®®»²¬ Ô¿²¼ Ë Ë ­¿¹» ï ïòðë д ¿ ¿ ²²»¼ Ë­¿¹» ï ײ ª ª »­¬·¹¿¬·±² Ó » » ¬¸±¼­ ïòðê î Ú î îòðð × Ò Ò Ü×ÒÙÍ îòðï Ù» ±´±¹·½ Í»¬¬·² ¹ ¹ î îòðî Û¿ ® ® ¬¸ Ó¿¬»®·¿´­ î îòðí Í« ® ® º¿½» ¿²¼ Ù® ± ± «²¼ É¿¬»® Ý Ý ±²¼·¬·±²­ î îòðì Ú¿ « « ´¬­ í îòðë Í»· ­ ­ ³·½·¬ § í îòðê Ú´ ± ± ±¼·²¹ ᬻ² ¬ ¬ ·¿´ í îòðé Ô¿ ² ² ¼­´·¼»­ í íòðð Ý Î í Ñ Ñ ÒÝÔËÍ×ÑÒÍ ßÒÜ ÛÝÑ Ó Ó ÓÛÒÜßÌ×Ñ Ò ÒÍ íòðï Ù» ²»®¿´ ݱ²½´« 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² ½±«²¬»®»¼ ¼ « « ®·²¹ ½±²­¬® « « ½¬·±² ¬¸¿¬ ¿® » » ¼·ºº»®»²¬ º º ®±³ ¬¸±­» ¼ » » ­½®·¾»¼ ·² ¬ ¸ ¸ ·­ ®»°±®¬ô ¬¸· ­ ­ ±ºº·½» ­¸±«´ ¼ ¾» ²±¬·º·»¼ ·³³»¼·¿¬»´ § § ­± ¬¸¿¬ ±«® ® ® »½±³³»²¼¿ ¬ ¬ ·±²­ ³¿§ ¾ ¾ » ®»ó»ª¿´«¿¬» ¼ ¼ ò N N ew Billboard a a t 7878 Telegr a a ph Road Janua r r y 26, 2013 A A ll Vision, LLC R M M A Proposal N o o .: 13-081-P Page 6 GEOTE C C HNICAL C C ONSULT A A NTS Ú×ÙËÎ Û Û Í ßÒÜ Ìß Þ Þ ÔÛÍ GEOTE C C HNICAL C C ONSULT A A NTS 3 3 0 20100 30MILES 4030 0 40 2010 KILOMETERS Ò 1857 1952 1947 7 1999 SAN 1971 1 1 991 BE RNARDINO 1894,1899 1992 1994 1992 19 92 1990 1987 1858 1 948 1986 1923 LO ANGELES S S 1910 1899,1918 1933 1 1 890 19 5 5 4 1 892 SAN DIEGO LEGEN D D - In dicate approximate l cation of site o o 1999 - In icates earthquake picenter and year of event. d d e e ÚßËÔÌ ß ß ÒÜ ÛßÎÌ Ø Ø ÏËßÕÛ Û Û Ð×ÝÛÒÌÛ Î Î ÓßÐ New Billbo ard at 7878 T e e legraph Road J a a nuary 24, 201 3 All Vision, L L LC RMA Propos a a l No.: 13-081- P P Table 1 GEOTE C C HNICAL C C ONSULT A A NTS New Billbo ard at 7878 T e e legraph Road J a a nuary 24, 201 3 All Vision, L L LC RMA Propos a a l No.: 13-081- P P Table 2 2 GEOTE C C HNICAL C C ONSULT A A NTS HISTORI C C STRONG E A A RTHQUAK E E S IN SOUT H H ERN CALIF O O RNIA SINC E E 1812 Epicentral Distance Date Event Causitive Fa lt Magnitude (miles) u u Dec. 1 1 2, 1812 Wrightwoo d d San Andreas ? ? 7.3 32 Jan. 9 9 , 1857 Fort Tejon San Andreas 7.9 221 Dec. 1 1 6, 1858 San Bernar d d ino Area uncertain 6.0 49 Feb. 9 9 ,1890 San Jacinto uncertain 6.3 114 May 2 2 8, 1892 San Jacinto uncertain 6.3 114 July 3 3 0, 1894 Lytle Creek uncertain 6.0 38 July 2 2 2, 1899 Cajon Pass uncertain 6.4 43 Dec. 2 2 5, 1899 San Jacinto San Jacinto 6.7 67 Sept. 20, 1907 San Bernar d d ino Area uncertain 5.3 67 May 1 1 5, 1910 Elsinore Elsinore 6.0 47 April 21, 1918 Hemet San Jacinto 6.8 68 July 2 2 3, 1923 San Bernar d d ino San Jacinto 6.0 49 Marc h h 11, 1933 Long Beac h h Newport-Ing l l ewood 6.4 20 April 10, 1947 Manix Manix 6.4 116 Dec. 4 4 , 1948 Desert Hot S S prings San Andreas o o r Banning 6.5 103 July 2 2 1, 1952 Wheeler Ri d d ge White Wolf 7.3 89 Feb. 9 9 , 1971 San Fernan d d o San Fernand o o 6.6 35 July 8 8 , 1986 North Palm Springs Banning or G G arnet Hills 5.6 89 Oct. 1 1 , 1987 Whittier N a a rrows Puente Hills T T hrus t 6.0 7 Feb. 2 2 8, 1990 Upland San Jose 5.5 27 June 2 2 8, 1991 Sierra Mad r r e Clamshell Sa w w pit 5.8 22 April 22, 1992 Joshua Tre e e Eureka Peak 6.1 107 June 2 2 8, 1992 Landers Johnson Vall e e y & others 7.3 101 June 2 2 8, 1992 Big Bear uncertain 6.5 77 Jan. 1 7, 1994 Northridge Northridge T h h rus t 6.7 30 Oct. 1 1 6, 1999 Hector Min e e Lavic Lake 7.1 118 Note s s : Eart h h quake data: U U .S. Geological Survey P.P. 1 5 5 15 & online d a a ta, Southern C C alifornia Eart h h quake Center & & Cali f f ornia Geologi c c al Survey onli n n e data Ma g g nitudes prior t o o 1932 are esti m m ated from int e e nsity. Ma g g nitudes after 1 9 9 32 are mome n n t, local or sur fa fa ce wave mag n n itudes. Site L L ocation: Longitu d d e: 118.1224 Latitu d d e: 33.9714 New Billbo ard at 7878 T e e legraph Road J a a nuary 24, 201 3 All Vision, L L LC RMA Propos a a l No.: 13-081- P P Table 3 GEOTE C C HNICAL C C ONSULT A A NTS ßÐ ÐÛÒÜ×È ß Ú×ÛÔÜ × Ò Ò ÊÛÍÌ×Ùß Ì Ì ×ÑÒ GEOTE C C HNICAL C C ONSULT A A NTS ß ß Ð Ð ÐÛÒÜ×È Ú × × ×ÛÔÜ ÒÊÛÍÌ×ÙßÌ × × ÑÒ ßóïòðð Ú Û × Û Û ÔÜ ÈÐÔÑÎ ß ß Ì×ÑÒ ßóïòðï Ò « ³¾»® ±º Þ ± ± ®·²¹­ « « ®º¿½» ·²ª»­¬· ¹ ¹ ¿¬·±² ½±²­·­ ¬ ¬ »¼ ±º ï ¾±®· ² ² ¹ò Ñ«® ­«¾­ ßóïòðî Ô ± ± ½¿¬·±² ±º Þ ± ± ®·²¹­ ̸» »¨°´ ± ± ®¿¬±®§ ¾±®· ² ² ¹ ©¿­ ´±½¿¬» ¼ ¼ ¾§ «­·²¹ ½« ´ ´ ¬«®¿´ º»¿¬«®» ­ ­ ¼»°·½¬»¼ ±² ¿ ­·¬» ­«®ª» § § °®»°¿®»¼ ¾§ ÝÎÝ Û²¬»®°®·­ » » ­ ¿²¼ °®±ª· ¼ ¼ »¼ ¬± «­ ¾ § ¬ ¬ ¸» ½´·»²¬ò Ì ¸ ¸ » ¾±®·² ¹ ´± ½ ½ ¿¬·±² ­¸±«´ ¼ ¼ ¾» ½±²­·¼»® » » ¼ ¿½½«®¿¬» ± ² ² ´§ ¬± ¬¸» ­½¿´» ¿ ¿ ²¼ ¼»¬¿·´ ±º ¬ ¸» °´¿² «¬·´· ¦ ¦ »¼ò ß Þ±®·²¹ Ô±½¿¬·±² Ó ¿ ¿ ° ­¸±©·²¹ ¬ ¸ ¸ » ¿°°®±¨·³¿ ¬ ¬ » ´±½¿¬·±²­ ± º ¬¸» ¾±®·²¹­ ·­ °®»­»²¬»¼ ¿ ¿ ­ Ú·¹«®» ïò ßóïòðí Þ ± ± ®·²¹ Ô±¹¹· ² ² ¹ ß Ô±¹ ±º ¾±®·²¹­ ©¿­ °®»°¿®»¼ ¾§ 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