TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: Carl Stiehl, City Planner
PREPARED BY: Eric Dunn, Deputy City Attorney
SUBJECT:
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Consideration of a Development Agreement for Digital Billboards at Locations Approved by Relocation Agreement
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RECOMMENDATION
recommendation
Staff recommends the following:
1. Open the public hearing and receive public comments;
2. Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 as described in this staff report and the Resolution; and,
3. Approve the attached Resolution recommending that the City Council approve the proposed Development Agreement attached as an exhibit to the Resolution. The Development Agreement will authorize the relocation or reconstruction of Billboards, subject to an approved Relocation Agreement.
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BACKGROUND
In 2022 the City entered into a Relocation Agreement (attached as Exhibit A) with Lamar Central Outdoor, LLC, (Lamar) for the removal of three (3) existing non-conforming static billboards. In exchange, Lamar was authorized to construct three digital billboards in new locations, among other things. Changes the City made to the Development Code (Murrieta Municipal Code (MMC) Title 16) in 2022 authorizes the use of a Development Agreement for the proposed billboard improvements (MMC Section 16.38.150).
ANALYSIS
Summary of Development Agreement Terms:
As further detailed in the proposed Development Agreement, conditions negotiated and agreed to by the Developer and City include, but are not limited to:
1. The term shall commence on the Effective Date and shall terminate on its thirty (30) year anniversary, unless extended in accordance with the terms of the Development Agreement.
2. Upon the permanent removal of three (3) Removed Billboards (as defined in the Relocation Agreement), the City will allow Developer to build three (3) digital outdoor advertising displays (“DOADs”).
3. Developer will be responsible for the DOADs, including the obligation to remove graffiti from, and make any repairs to, the DOADs within 48 hours notification.
4. DOADs shall not operate at brightness levels of more than 0.3-foot candles above ambient light, as measured using a foot candle meter at a pre-set distance. Distance to measure the foot candles impact shall be measured from a distance of 250 ft. for a sign with a nominal face size of 14’ x 48’. Each Digital Display Area must have a light-sensing device that will adjust the brightness as ambient light conditions change in accordance with the Outdoor Advertising Act.
5. DOADs shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. Each static message shall not include flashing lighting or the varying of light intensity.
6. No DOAD shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways.
7. The DOAD shall be operated with systems and monitoring to freeze the display in one static position, display a full black screen, or turn off, in the event of a malfunction.
8. No DOAD shall simulate or imitate any directional, warning, danger, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic by, for example, the use of the words “stop” or “slow down.”
9. The Developer voluntarily covenants and agrees to prohibit advertising displayed on the DOADs for adult businesses, cabarets, strip clubs, lingerie, and cannabis products of any kind including CBD products.
10. The Developer will pay the City a one-time payment of Two Hundred and Fifty Thousand Dollars ($250,000) per DOAD, with such payment due to the City upon the commencement date of each DOAD.
11. The Developer shall further pay to the City an annual fee in the sum of the greater of One Hundred Thousand Dollars ($100,000) each calendar year or twenty-five percent (25%) of the annual gross advertising revenue generated by each of the DOADs.
12. The Developer will also donate a City Hall Digital Monument Sign to the City as described in the Relocation Agreement.
13. The City shall be entitled to place up to one eight-second public service message per minute on each DOAD provided that space is available.
14. Sign facilities shall be in compliance with FAA and Caltrans standards.
In sum, the proposed Development Agreement establishes development standards for the three (3) billboard reconstructions consistent with the Relocation Agreement and consistent with the policies of the Murrieta Municipal Code and California Outdoor Advertising Act.
The three locations for reconstructed signs are 41001 Golden Gate Circle (57’ tall), 25941 Jackson Avenue (85’ tall), and 26171 Jackson Avenue (57’ tall). See Attachment 2 for the vicinity map, showing the three locations.
Staff have reviewed the proposed plans and have determined that the three (3) reconstructed billboards subject to the proposed Development Agreement will not be detrimental to the surrounding areas, based on the required operating terms, including design and regulatory controls. The development and operations requirements will ensure appropriate integration in context with existing and anticipated adjacent developments and are consistent with applicable development standards.
ENVIRONMENTAL DETERMINATION
The Project has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the Agreement is exempt pursuant to CEQA Guidelines 15302 and 15303 because it will allow for the replacement or reconstruction of existing structures and the new construction or conversion of small structures. See Attachment 3 for the Notice of Exemption.
ATTACHMENTS
1. Resolution
Attachment 1: Ordinance
Development Agreement
Exhibit A: Relocation Agreement
Exhibits B-D: Three billboard location plans, and renderings and legal descriptions
2. Vicinity Map
3. Notice of Exemption