Parks & Recreation Commission Meeting

CITY OF GALT AGENDA PARKS & RECREATION COMMISSION MEETING CITY HALL COUNCIL CHAMBERS 380 CIVIC DR., GALT CA 95632 October 10, 2018 AT 7:00 P.M. Chairperson: Joe Bitondo Commission: Angela DaPrato, Kelly Keagy, Chris Smith, Janice Williams 1. CALL MEETING TO ORDER 2. ROLL CALL: a. Commissioners Present: b. Commissioners Absent: 3. CHANGES TO THE ORDER OF AGENDA 4. PUBLIC COMMENT: Under Government Code Section 54954.3, members of the public may address the commission on non-agenda items. Speakers may also address the commission on any agenda item during consideration of the item. Speakers shall restrict their comments to issues that are within the subject matter jurisdiction of the commission and limit comments to a maximum of five (5) minutes. Please fill out a speaker sheet located on the table inside the entrances to the council chambers and forward the completed speaker sheet to the commission secretary. Please state your name and city of residence prior to making your comments. 5. ACCEPTANCE OF MINUTES FOR THE MEETING OF AUGUST 8, 2018 a. Minutes of the Meeting of August 8, 2018. 6. PRESENTATIONS 7. OLD BUSINESS a. Community Park Play Structure Project Update 8. NEW BUSINESS a. Impact Fees b. National Fitness Equipment and Grant c. Digital Freeway Billboard 9. UPCOMING COUNCIL AGENDA ITEMS a. EBT Market Fee – 10/16 10. UPCOMING EVENTS a. Galt Sunrise Rotary Galtoberfest – 10/27 b. Lighting of the Night – 12/1/18 c. Winter Bird Festival – 2/2/19 GALT PARKS AND RECREATION COMMISSION AGENDA MEETING OF OCTOBER 10, 2018 Page 2 11. STAFF COMMENTS 12. COMMISSIONERS REPORTS/COMMENTS a. Commissioner Bitondo b. Commissioner DaPrato c. Commissioner Keagy d. Commissioner Smith e. Commissioner Williams 13. ADJOURNMENT ARMANDO SOLIS, PARKS AND RECREATION DIRECTOR: The agenda for this Parks and Recreation Commission meeting was posted in the following listed sites before 5:00 p.m. on the Friday preceding the meeting. 1. City Hall, 380 Civic Drive 2. U.S. Post Office, 600 N. Lincoln Way 3. Galt Parks and Recreation Department, 610 Chabolla Avenue  2 0 19 N AT I O N A L F I T N E S S C A M PA I G N 200 CITIES crowd funding NATIONAL FITNESS CAMPAIGN is building the worlds best outdoor gym network across America. Our mission is to make best in class fitness programs free and accessible to communities everywhere, as partner communities add Fitness Courts to healthy pedestrian infrastructure in cities across the country. In 2018, the Campaign is building Digital Fitness Courts in 100 cities, bringing its program to public spaces in 35 states. Mayors and civic leaders have joined as partners and raised more than $15,000,000 in the new Campaign’s first year. This movement is building onto NFC’s original 1980’s campaign with Wells Fargo Bank which reached over 4,000 cities across 3 countries. Digital training content flows through audio and video guides on the Fitness Court App, empowering NFC Ambassadors to bring fitness programing to millions. NFC’s goal is bringing the campaign to thousands of cities, disrupting fitness networks and making world class fitness free for all. QUALIFIED CITIES WILL RECEIVE $30,000 DOLLARS IN GRANT FUNDING SUPPORTING SPONSORS  NATIONAL FITNESS CAMPAIGN : BUILDING PARTNERS IN FITNESS National Fitness Campaign excels in supporting cities in the proper design, funding and activation of healthy infrastructure. Our team assists qualified cities in joining an evolving campaign offering free programing, classes and challenges to encourage adults of all ages to live well as they enjoy outdoor fit activities. Our goal is to neutralize back-end health care by investing in front-end wellness. Our partner network is building across America to include cities and sponsors everywhere, making fitness fun, accessible and free for everyone! 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TOTAL FUNDING REQUIRED: $120,000 + INSTALLATION NAT I ONAL CITY CO M M U NI T Y (var ies) SPONSORS + I NSTALLATIO N $90,000 $30,000 (VARIES) F I T NESS SE ASON® IS HERE NFC Partnership and Activation Toolkit and Support System 2019 NATIONAL FITNESS CAMPAIGN 200 CITIES P HASE 1: LAU N CH Partnership in the Campaign includes full support on marketing, promoting and activating the Fitness Court in your community. National and statewide feature media, press releases, custom storytelling, social media support and opening day kits - it’s all included! The Fitness Court Training Camp - a unique community launch event - kicks off your program. PHASE 2: E NGAGE M E NT Once launched, the Campaign builds a healthy community. The Fitness Court App delivers programs and training to users, while group classes, ambassador training sessions and more activate the program. 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Campaign Program Includes: Promotions and Marketing Package • 2019 National promotions including city partners • Customized 2019 Campaign Web story and press release featuring city partners • 2019 Social Media activation and promotion campaign featuring city partners Fitness Court Mobile App IOS/ Android App teaching proper use, routines and challenges to the public - free for all users • Learn: Video guides delivering workouts and teaching programs on the Fitness Court • Train: Audio guides delivering a digitally aided coach in the pocket for users • Challenge: Full Challenge tool allowing users to take and score the Fitness Court Challenge Apple Watch App • Fitness Court Audio Guides delivered through the Apple Watch to residents on the Fitness Court. Localized Promotional Materials • Opening Day Launch Kit: NFC swag items, prizes for challenges, custom promotional flyers, event guidance 2019 Fitness Season® • Fitness Court Classes (video guides) • 18 Regional Training Camps for Community Ambassadors • Fitness Court Challenge Series  Meeting Date: October 10, 2018 Parks & Recreation Commission Agenda Report FROM: Chris Erias, Community Development Director SUBJECT GENERAL PLAN AMENDMENT, REZONE AND ZONING TEXT AMENDMENT TO ALLOW A DIGITAL FREEWAY SIGN AT 500 FAIRWAY DRIVE RECOMMENDATION 1. Recommend that the City Council approve the resolution approving the proposed amendment to the City’s General Plan land use map; and 2. Recommend that the City Council introduce the ordinance approving the proposed rezone for 500 Fairway Drive and amending Galt Municipal Code Chapter 18. DISCUSSION SEPTEMBER 13, 2018 PLANNING COMMISSION MEETING The proposed billboard at 500 Fairway Drive was presented to the Planning Commission on September 13, 2018. Following public testimony and robust debate, the Planning Commission continued the item to the next regular meeting on October 11, 2018. The following amendments to the ordinance were suggested. • Increase the 1000’ CalTrans requirement so that future signs are further apart • Possibly limit the number of electronic billboard signs within City limits to two (2) signs Since there was no consensus the ordinance presented by staff remains unchanged. The Planning Commission can vote to make revisions. The following recommendations were provided to staff for inclusion on the Request for Proposal (RFP). • Set aside a certain percentage of advertising to be available only to local businesses • Change the wording in the RFP from “can” to “ must” in regards to recouping the initial costs of the analysis and related services provided by Terra Realty Advisors Staff is concerned that providing specific requirements in the RFP can limit the number of companies bidding on the proposed sign. Consequently, staff recommends negotiating items with the selected company rather including in the RFP. PARKS & RECREATION COMMISSION PAGE 2 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 The Planning Commission also requested data regarding the impact of billboards to local businesses based on comments received from public testimony. It was stated that a billboard will negatively impact local business signs. Staff could not locate data indicating billboards impact local businesses. However, staff has provided photos showing billboards paired with other business signs. See below. PARKS & RECREATION COMMISSION PAGE 3 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 The Planning Commission also requested that all revenue generated from the billboard stay in the Parks & Recreation budget. The Planning Division and the Planning Commission do not have budget authority for Parks & Recreation. However, we can inform the City Council of the Planning Commission recommendation. As part of the public testimony, a member of the public recommended that the proposed billboard project be presented to the Parks & Recreation Commission. The project is scheduled for the Parks & Recreation Commission on October 10, 2018. See remainder of the Staff Report for other project details. BACKGROUND At its meeting on June 19, 2018, the City Council authorized staff to enter into a contract with Terra Realty Advisors, Inc. to prepare and distribute a Request for Proposals (RFP) for the purposes of selecting a sign company to enter into a lease agreement with the City to construct and operate a digital billboard at 500 Fairway Drive. A recently completed study (Billboard Sign Assessment Attachment 1) showed that the City could benefit from the installation of a billboard at 500 Fairway Drive. The study analyzed three sites along Highway 99. The sites along Highway 99 included Twin Cities, Camellia Way and 500 Fairway Drive (two parcels). The purpose of the study was to determine the feasibility of installing a billboard (digital freeway) sign. The study concluded that the Twin Cities and Camellia Way sites were not favorable for a digital freeway oriented sign. The study further concluded that the City owned property at 500 Fairway Drive was potentially a good location for installing a digital freeway sign. See location map below. PARKS & RECREATION COMMISSION PAGE 4 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 The 500 Fairway Drive site is comprised of two parcels owned by the City and used for Galt Market parking. A static billboard was located on the site but was removed in 2008. The study showed that the property has good freeway visibility with vehicle trips of approximately 79,000 cars per day. The potential income generated from the digital freeway sign is projected between $50,000 and $100,000 per year. A static billboard could generate $35 - $50,000 per year. The City generated income from the static billboard that was previously located on the site. Since the June 19, 2018, City Council approval, staff has entered into a contract with Terra Realty Advisors Inc., to begin the process of issuing an RFP for the construction and operation of a digital billboard. In order to solicit responses from billboard operators, and to permit the installation and operation of the billboard, the following entitlements are required: 1. General Plan Amendment (GPA): Changing the land use designation from Public/Quasi Public (PQ) to Commercial (C). 2. Rezone: Changing the zoning from PQ to Highway Commercial (HC) 3. Zoning Text Amendment: Amending Galt Municipal Code (GMC) Section 18.56 to allow for billboards in the HC zone and provide standards and regulations for billboards. It should be noted that the GPA, rezone and zoning text amendment request does NOT include the construction and operation of a billboard sign. Any and all billboard construction and operation will be a separate project and will come before the Planning Commission and City Council at separate, publicly noticed hearings. ANALYSIS General Plan Amendment As described above, the project includes an amendment to the City’s 2030 General Plan Land Use Map to change the current PQ land use to C. See the figure below, for a diagram showing the proposed changes. The GPA is consistent with GMC Section 18.68.160, Amendment to the General Plan. See Findings following this page for an analysis. PARKS & RECREATION COMMISSION PAGE 5 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 General Plan Findings Pursuant to Municipal Code Section 18.68.160 (E), an amendment to the General Plan may be adopted only if the following findings are made: FINDING: The proposed amendment is internally consistent with the General Plan; DISCUSSION: The project is consistent with the City’s 2030 General Plan; specifically Policy LU-1.7: Fiscal Balance, which states The City shall designate land for development consistent with the needs of the community and consistent with its efforts to maintain a positive fiscal balance for the City. The City can financially benefit from amending the General Plan land use designation of 500 Fairway Drive from PQ to C and leasing a portion of the property to a billboard operator. Refer to the Fiscal Impact section of this report for a more detailed discussion on the financial benefit to the City. The proposed amendment is also consistent with Policy PFS-8.5: Parks and Recreation Funding. The City shall continue to explore sources of parks and recreation funding. As mentioned in the Fiscal Impact section, revenue generated from leasing all or a portion of the City property at 500 Fairway Drive will directly benefit the Parks and Recreation 06 fund. In addition, the project is consistent with General Plan Policy PFS-8.6: Galt Market Revenue, which states that the City shall continue to seek ways to increase revenue from Galt Market for parks and recreation funding. The property at 500 Fairway Drive is part of the Galt Market operation providing parking to market customers. As mentioned previously, revenue generated from leasing the property will increase revenue from the Galt Market for parks and recreation funding. FINDING: The public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment; PARKS & RECREATION COMMISSION PAGE 6 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 DISCUSSION: The adoption of the proposed general plan amendment allows for the public necessity, convenience, and general welfare. The revenue generated from leasing the land will provide more funds to the Parks & Recreation Department. The additional funds can be used to provide more services to citizens of Galt thereby providing for the public necessity, convenience, and general welfare. Rezone The project also requires a rezone of the site from PQ to HC. See the figure below for a map showing the rezone request. Rezone Findings Pursuant to Municipal Code Section 18.68.150, the Planning Commission may recommend and the City Council may approve an application for an amendment to this Development Code or the official Zoning Map if it finds all of the following: FINDING: The proposed amendment is in conformance with the General Plan and any applicable specific plan; DISCUSSION: The project is consistent with the City’s 2030 General Plan. Please refer to the General Plan Amendment Section above for a discussion on General Plan consistency. The project is not located in a specific plan area. FINDING: The public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment; DISCUSSION: The public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment. As noted above, the additional funds can be used to provide more services to citizens of Galt thereby providing for the public necessity, convenience, and general welfare. PARKS & RECREATION COMMISSION PAGE 7 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 Zoning Text Amendment The proposed amendment to GMC Section 18.56 is to allow billboard signs in the HC zone with regulations and standards. The regulations and standards will provide the City with the ability to limit the proliferation of billboards. Please refer to the attached proposed ordinance for all amendments. Additions to the code are shown in underline. There were no deletions. The standards and regulations include, but are not limited to, the following: • 200 feet distance from residential • 1,000 feet distance from digital billboards, 500 feet distance from static billboards • 672 square feet, 14 feet x 48 feet, maximum sign face • Not located in a Caltrans Designated Landscape Freeway Based on the criteria above, and poor freeway visibility with some HC zone property, future billboards, not including 500 Fairway Drive, will be limited to the middle portion of the commercial site between Simmerhorn and Boessow Roads. The City further regulates billboards by requiring a Development Agreement with the City and the billboard operator. See map below showing Caltrans landscape districts shown in red. Billboards are not allowed in a Caltrans Designated Landscape Freeway. PARKS & RECREATION COMMISSION PAGE 8 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 PARKS & RECREATION COMMISSION PAGE 9 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 FISCAL IMPACT There is a direct fiscal benefit to the City estimated between $50,000 and $100,000 per year to the Parks & Recreation 06 fund. The Billboard Sign Assessment showed the potential of $100,000 per year by partnering with a sign company for lease of the City property. The City could also indirectly benefit from the sign by providing additional advertising space opportunities for local vendors which could direct vehicles from the freeway to City commercial services like hotels, gas stations and restaurants. The City would benefit by the increase in sales tax. In addition, the Galt Market would stop using other digital freeway signs and foresees using the $4,000 savings for other advertising which could increase Market sales. The cost of the Billboard Sign Assessment ($4,500) and the cost of the RFP Services ($10,500) total $15,000 and can be recouped by adding it into the structure of the RFP as a reimbursable cost paid by the sign company. If the City does not enter into an agreement with a sign company, the cost to the City for this project would be $15,000. The costs associated with the study and contract are paid from the Parks & Recreation 06 fund. ENVIRONMENTAL STATUS The proposed project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15305 and 15301. Section 15305, Minor alterations in land use, states that minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: (a) Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel.” The proposed GPA and rezone results in a minor alteration in land use limitations for the subject parcels. On-site slopes for both parcels are under 20%. The proposed GPA and rezone does not result in the creation of a new parcel, and does not result in any changes in the current use and/or density. The property is currently used as a parking lot for the Galt Market, and a static billboard was formally located on the site. There are no proposed changes to the parking lot use. A surface parking lot is an approved use in the PQ and HC zones. Section 15301, Existing Facilities, consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed amendments to GMC Chapter 18.56 does not result in expansion of use it only involves the permitting of billboards in the HC zone. In addition, the construction and operation of a new billboard will require separate CEQA review. Thus, the proposed project is exempt from further environmental review. PARKS & RECREATION COMMISSION PAGE 10 OF 10 BILLBOARD GPA, REZONE & ZONING TEXT AMENDMENT OCTOBER 10, 2018 ATTACHMENTS Resolution Ordinance Attachment 1 Billboard Sign Assessment  RESOLUTION NO. 2018-____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GALT, CALIFORNIA, APPROVING THE PROPOSED AMENDMENT TO THE GALT GENERAL PLAN LAND USE MAP FOR 500 FAIRWAY DRIVE WHEREAS, the City Council of the City of Galt adopted the City's current General Plan on April 7, 2009 and certified the Final Environmental Impact Report for the General Plan by adopting Resolution No. 2009-28, herein incorporated by reference, providing a basis of project approval; and WHEREAS, the City Council of the City of Galt approved a resolution on June 19, 2018 authorizing staff to enter into a contract with Terra Realty Advisors, Inc. to prepare and distribute a Request for Proposals (RFP) for the purposes of selecting a sign company to enter into a lease agreement with the City to construct and operate a digital billboard at 500 Fairway Drive; and WHEREAS, the California Department of Transportation (Caltrans) requires permits to operate billboards along freeways and as part of said permit requires billboards to operate on commercially zoned land; and WHEREAS, the subject site, 500 Fairway Drive, has a Public/Quasi Public (PQ) land use designation and PQ zoning; and WHEREAS, in order to provide for the commercial zoning the land use will change to from PQ to Commercial (C); and WHEREAS, the General Plan Amendment will modify the district boundaries of the General Plan Land Use Maps in accordance with Exhibits A; and WHEREAS, the City of Galt held a public hearing on the proposed General Plan Amendment, by the Planning Commission, on September 13, 2018 and October 11, 2018; and WHEREAS, the City of Galt held a public hearing on the proposed General Plan Amendment, by the City Council, on November; and WHEREAS, the Planning Commission considered documentary and oral evidence submitted at the public hearing on September 13, 2018 and October 11, 2018, and recommended approval of the General Plan Amendment to the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Galt, California, using their independent judgment, declares that the City of Galt Land Use Map is hereby amended in accordance with Exhibit and has made the following findings: A. A legally noticed public hearing was held for input and testimony by the Planning Commission on September 13, 2018 and October 11, 2018 and the City Council on November 6, 2018; Resolution No. 2018- Page 2 of 2 November 6, 2018 B. The proposed amendment is internally consistent with the General Plan; and C. The public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment; The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Galt, California, this sixth councilmember __________, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: ____________________________________ MAYOR, City of Galt ATTEST: __________________________________________ City Clerk, City of Galt  ORDINANCE NO. 2018-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GALT, CALIFORNIA AMENDING GALT MUNICIPAL CODE SECTION 18.56.050 PROHIBITED SIGNS AND 18.56.120 ELECTRONIC BILLBOARD REGULATIONS AND STANDARDS, AND AMENDING THE DISTRICT ZONING MAP FOR THE PROPERTY LOCATED AT 500 FAIRWAY DRIVE THE CITY COUNCIL OF THE CITY OF GALT hereby ordains as follows: Section 1. Purpose. The purpose of this amendment is to allow electronic billboards in the Highway Commercial (HC) zone and provide regulations and standards as shown below. Further, the Official District Zoning Map of the City of Galt established by Galt Municipal Code Section 18.12.030, is hereby amended in order to rezone from Public/Quasi Public (PQ) to Highway Commercial (HC) Assessor’s Parcel Numbers 150-0391-041 and 150- 0391-045 as described in Exhibit A attached hereto and incorporated herein in conformance with the Galt Planning Commission recommendation at a public hearing held September 13, 2018, and the City Council decision at the public hearing held October 2, 2018. Section 2. Authority. The City Council enacts this ordinance under the authority granted to cities by Chapter XI, Section 7 of the California Constitution. Section 3. Amendments to Section 18.56.050 and Section 18.56.100 Section 18.56.050 Prohibited Signs and Section 18.56.100 Design Standards of the Galt Municipal Code are hereby amended as follows: 18.56.050 Prohibited signs. It is unlawful to erect, and no permit shall be issued for, any of the following signs: A. Any sign not specifically in accordance with the provisions of this chapter. B. Signs painted or mounted on roofs or placed above the roofline (except for mansard roofs). C. New cabinet signs (also known as “can” or “cloud”) signs, unless such construction is necessary for a nationally recognized corporate logo or a minor portion of a mixed-media sign. 1 D. Animated signs or flashing signs, with the exception of time and temperature signs and barber poles at barber shops or within the public/quasi-public zoning district. E. Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, or located on a publicly owned tree, fence, or utility pole, or otherwise posted on public property, except where required by a governmental agency or permitted as part of kiosk sign program, or as provided in Section 18.56.080. F. Signs affixed to vehicles where the primary purpose of the vehicle is advertising. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used (e.g., delivery service) or is required by state or federal law (e.g., contractor’s license number). Signs included in this definition include, but are not limited to, cars parked showing signs or vehicles that drive around the city with the express intent of communicating a message displayed on the vehicle (e.g., “rolling billboards”). G. Abandoned signs. H. Signs on fences. I. Billboards. Electronic billboards shall be permitted in the Highway Commercial (HC) zone only after an Agreement has been negotiated and executed between the electronic billboard operator and City of Galt in accordance with the terms of this chapter (18.56.120 standards for development). The Agreement may include compensation to be paid to the City or the provision of other public benefits to be provided as a result of the installation and operation of any electronic billboard or modification of an existing billboard within the HC zone. J. Signs taller than thirty-six (36) inches within the traffic safety sight area (TSSA). Section 18.56. 120 Electronic Billboard Regulations and Standards A. Purpose and Intent. Electronic Billboards are recognized as a legitimate form of commercial advertising in the City; however, the size, number, location, and illumination of electronic billboards can have significant influence on the City’s visual character and quality of life and can, without appropriate controls, create or contribute to visual blight conditions. The purpose and intent of this section are to allow for development of modern forms of billboards in a planned manner within the Highway Commercial (HC) zone in accordance with the regulations and standards established herein. In addition, the purpose and intent of this chapter is also to provide for the voluntary relocation and replacement of conforming and nonconforming billboards to electronic billboards within the HC zone in accordance with the regulations and standards set forth herein. B. General Requirements. 2  1. The requirements of this chapter shall apply to the installation or construction of any new electronic billboard within the HC zone the relocation of any non- electronic billboard to the HC zone, the expansion, and modification of an existing electronic billboard, including the construction of additional face(s) and/or the digitization of an existing billboard within the HC zone., 2. Electronic billboards shall be permitted in the HC zone only after an Agreement has been negotiated and executed between the electronic billboard operator and City (“Agreement”) in accordance with the terms of this chapter. The Agreement may include compensation to be paid to the City or the provision of other public benefits to be provided as a result of the installation and operation of any electronic billboard or modification of an existing billboard within the HC zone. 3. An existing billboard or electronic billboard in existence on the effective date of this ordinance pursuant to a prior agreement (including any amendments or extensions thereof) or other lawful permit may be relocated and rebuilt as an electronic billboard only within the HC zone. All electronic billboards constructed within the HC zone shall comply with this chapter and all applicable requirements of the California Business & Professions Code and the California Code of Regulations. In accordance with California Business & Professions Code, Section 5440 new billboards not associated with relocation as described in subsection 4 shall only be allowed in those portions of the HC zone not designated as "Landscaped Freeways" pursuant to California Business & Professions Code, Section 5216. 4. In accordance with California Business & Professions Code, Section 5443.5, relocated billboards shall be allowed only in the HC zone as an electronic billboard and shall not be permitted in any location which would result in violation of any applicable federal, state, or local law. Billboards to be relocated to the HC zone may originate in areas outside the HC zone, provided the Agreement required by this chapter documents its location and removal, and the benefits associated with such relocation. An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements: a. The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation; or b. The applicant chooses to completely demolish and relocate an existing billboard from a property proposed for development, including a legal nonconforming billboard, to the HC zone so as not to conflict with the proposed development or redevelopment of the property and provides public benefits in exchange for such relocation as negotiated in the Agreement; or c. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, and construct a new electronic billboard within the HC zone in order to reduce the overall negative aesthetic impacts of billboards on the City and its residents and to provide public benefits for such relocation pursuant to the Agreement for the project; or d. The applicant has previously removed or completely demolished one or more billboards and maintains credits for such removal by the California 3  Department of Transportation pursuant to California Business & Professions Code, Section 5443.5; or e. The applicant proposes to enhance, improve and modify an existing billboard within the HC zone for the purpose of modernizing and improving the aesthetic appearance of such billboard. 5. In the event of any conflict between any provision contained in this chapter and any other provisions contained elsewhere in this code, the provisions of this chapter shall govern. 6. No new electronic billboard shall be approved and no existing billboard shall be relocated or modified within the HC zone without the applicant first providing proof of legal or equitable interest in the site proposed for new construction, relocation or modification, including, but not limited to a fee interest, lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents. 7. No electronic billboard shall be approved for construction, modification, or expansion, and no electronic billboard may be maintained, unless the applicant provides evidence that a designated maintenance service is available by telephone and able to respond to a repair call “24/7”in the event an electronic billboard becomes damaged or is malfunctioning. 8. All electronic billboard Agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this chapter shall require the City to negotiate and/or approve an Agreement on terms that are unacceptable to the City Council. C. Physical Requirements. 1. The minimum distance between electronic billboards or static billboards placed within the HC zone or between billboards and the freeway right-of-way shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face. 2. All utilities for an electronic billboard shall be underground. 3. No electronic billboard shall have more than one digital face (display surface) oriented in the same vertical plane. 4. The maximum total electronic billboard face area on any vertical plane for any electronic billboard shall be 672 square feet; with a maximum height of 14 feet and maximum width of 48 feet per sign face; 5. The maximum height of any electronic billboard including non-digital sign faces shall be 65 feet as measured from the bottom of the billboard supports to the highest point of the sign face. 6. All electronic billboards shall plainly display, and be visible from no less than 100 feet, the name of the person or company owning or maintaining it and the billboard identification number. 7. Electronic billboards projecting over a driveway or driving aisle shall have a minimum clearance of 30 feet between the lowest point of the sign and the finished driveway grade. Billboards shall comply with any California Department of 4 Transportation requirements for placement and operation. No part of any electronic billboard shall cross onto an adjacent private property. 8. Electronic billboards projecting over a pedestrian walkway shall have a minimum clearance, 30 feet between the lowest point of the sign and the walkway grade. 9. Electronic billboards not projecting over drive areas shall have a minimum clearance of 30 feet between the lowest point of the electronic billboard and finish grade level. 10. Electronic billboard structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of an electronic billboard, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the Director of Community Development. 11. Electronic billboards shall be placed at least 200 feet from any residential zone or residential use. The measurement shall be from the closest edge of the billboard to the closest edge of the residential zone or closest property line on which a residential use is located. D. Operational Requirements. 1. No electronic billboard shall display any statement or words of an obscene, indecent, or immoral character, as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same. 2. Each electronic billboard shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts"), in accordance with local and regional first responder protocols. 3. Electronic billboard operating criteria: a. Each static message shall not include flashing lights or the varying of light intensity. b. Minimum display time. Each message shall be displayed for a minimum of four (4) seconds. c. Electronic billboards 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 as set forth under this section. d. Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign and shall comply with the following: Nominal Face Size Distance to point of measurement 12' x 25' 150' 10'6" x 36' 200' 14' x 48' 250' e. Each electronic billboard shall have a light sensing device that will adjust the brightness as ambient light conditions change. 4. Each electronic billboard shall be designed and required to freeze the display in one static position, display a full black screen, or turn off, in the event of a malfunction. 5. Walls or screens at the base of the electronic billboard shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti. 5  6. Electronic billboards shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable local, state, and federal laws and regulations. Electronic billboards when operated in accordance with the operating criteria in subsection 3 above shall be deemed to be in compliance with this subsection and all requirements of the California Department of Transportation. 7. No electronic billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, for example using such words or phrases as "stop" or "slow down." 8. No electronic billboard shall involve any red or blinking or intermittent light that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways. Electronic billboards when operated in accordance with the operating criteria in Subsection 3 above shall be deemed to be in compliance with this subsection. 9. Electronic billboards shall be operated and maintained in compliance with Business and Professions Code Section 5403. E. The requirements set forth under subsections B, C, and D of Section 9.40.065 shall be in addition to any other conditions and requirements contained in the Agreement provided they are not in conflict. If any condition or requirement imposed in an Agreement conflicts with the general requirements set forth in these subsections B, C, and D, the general requirements of subsections B, C, and D shall control. For purposes of this subsection, conditions or requirements contained in an Agreement that are more restrictive than those contained in the general requirements of subsections B,C, and D shall not be in conflict. F. Application requirements; Review procedures. 1. Application requirements. An entity wishing to erect a new electronic billboard, completely demolish and relocate an existing nonconforming or conforming billboard or modify and convert an existing billboard into an electronic billboard within the HC zone shall submit a request in writing for approval of an Agreement as described under Section B of this section that includes the following: a. The name, address, phone number and other contact information of the person or entity proposing the Agreement. b. Identification of the location proposed for a new electronic billboard or the relocated or modified billboard to be converted to an electronic billboard and the billboard(s) being permanently removed, where applicable; c. Information that establishes that the entity proposing the Agreement has legal or equitable interest in the proposed new or relocated billboard being removed or modified along with proof of legal or equitable interest in the site proposed for the above said purpose(s), including, but not limited to a fee interest, lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents. 6  d. Conceptual design drawings for the billboard(s) that includes technical specifications to determine the electronic billboard's compliance with this chapter. e. An explanation of the compensation to be paid or public benefits to be provided to the City. f. Photos of all existing signage, architectural renderings and elevations of the proposed electronic billboard, and a scaled site plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard. g. Photo simulations shall be provided of the before and after physical site appearance from views as specified by the Director of Community Development. h. A photo metric study prepared by a City approved lighting engineer demonstrating compliance of the electronic billboard with the operational criteria of this chapter. i. The applicant shall pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for business licenses, permits relative to the development of the property and shall be for the purpose of defraying the costs associated with City review of the application. j. The applicant shall pay the cost of any environmental studies and reports necessary for the completion of the environmental review of the proposal pursuant to the California Environmental Quality Act. k. Such other documents, materials, or information deemed reasonably necessary by the Director of Community Development. 2. Review Process. a. All Agreements shall be reviewed by the Planning Commission at a duly noticed public hearing. The public hearing shall be noticed in accordance with Section 18.68.060 of the Galt Municipal Code. The Planning Commission shall review the Agreement and, after a duly noticed public hearing, make a recommendation to City Council, based on applicable development standards, the location of the proposed new, relocated or modified or expanded billboard and whether the proposed electronic billboard meets the findings contained in this section. b. The City Council shall conduct a duly noticed public hearing no later than sixty (60) days after the Planning Commission recommendation, to review and consider the Agreement. The hearing before the City Council shall be noticed pursuant to Section 18.68.060 of the Galt Municipal Code and may be continued from time to time. In order to approve a request for an Agreement, the City Council shall make the findings contained in this Section. c. Findings for approval of an Agreement. The following findings shall be made by the Planning Commission in making its recommendation to the City Council and by the City Council in approving any application for an Agreement to construct new, relocate or modify, or expand a billboard within the HC zone: 1. The proposed Agreement is consistent with the goals, objectives, purposes and provisions of the General Plan, the Galt Municipal Code, and any applicable specific plans; 7  2. The proposed installation site is compatible with the uses and structures on the site and in the surrounding area; 3. The proposed electronic billboard would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility; 4. The proposed electronic billboard would not interfere with onsite parking or landscaping required by City ordinance or permit; 5. The proposed electronic billboard would not otherwise result in a threat to the general health, safety and welfare of City residents; and 6. The proposed electronic billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation. Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unlawful. Section 5. Effective Date. This Ordinance shall take effect thirty days after its final adoption as provided by Government Code Section 36937. Within 15 days after its final passage, the City Clerk shall cause this Ordinance to be published and posted in accordance with Section 36933(c)(1) of the California Government Code. The foregoing Ordinance was introduced and the title thereof read at the regular meeting of the City Council on the ___ day of _______________, 2018 and by unanimous vote of the City Council members present, further reading was waived. On motion by Council Member________, seconded by Council Member _____________, the foregoing Ordinance was duly passed and adopted by the City Council of the City of Galt at a regular meeting thereof, this ____ day of ____________________, 2018 by the following vote, to wit: AYES: Council members: NOES: Council members: ABSTAIN: Council members: ABSENT: Council members: ____________________________________ Mayor ATTEST: _____________________________ City Clerk 8  REPORT – Billboard Sign Assessment To: Chris Erias City of Galt From: Scott Sheldon cc: Ashante’ Reid Date: 23 May 2018 Re: Billboard Sign Location Evaluation City of Galt Lands Chris, per our discussion and agreement, the following is our assessment of the three properties owned and/or controlled by the City of Galt located adjacent to SR 99. We have obtained preliminary title information on each site, including assessor parcel maps, evaluated each site within the constraints of Caltrans regulations for general advertising permits along state controlled rights of way including: existing sign spacing, distance from a commercial business, and designated landscape freeway impacts. We also reviewed the City’s zoning and general plan maps and ordinance regulating such signs. In addition, I personally visited each site, evaluating them for the potential to support a new sign, including photographing and videos of each (videos are not included as part of this report, however we can review when we meet). There are currently two sign companies with Caltrans permits operating within the city limits: Rogers Media Company & Outfront Media. The Rogers sign is non-conforming, the Outfront signs are active and compliant, per Caltrans reporting. In the surrounding San Joaquin, Sacramento County area, Clear Channel Outdoor and Marquee Sign Company also operate billboard signs. We have included the Caltrans Freeway ADT counts on SR 99 which indicates approximately 75,000- 78,000 vehicles/day. The value of billboard signs is generally reflective of the traffic count and speed of the autos. Site No. 1 – Twin Cities Road (104): This site is located at the northern portion of the City, with a General Plan designation of Commercial, and Zoning of Highway Commercial. The property is currently vacant land with overhead utility lines crossing a portion of the land. It is not located in a designated 450 Chadbourne Road Suite G • Fairfield, CA 94534 • phone 707.639.1000 • fax 707.312.5200 • www.terraadvisors.net  Galt Billboard Sign Assessment Page 2 of 3 Landscape Freeway, however this property is located at an at grade overcrossing, with the freeway routed below the Stockton Street grade which impacts visibility SB on SR 99. There are also many trees on the Caltrans ROW which block visibility to the site both NB & SB. Due to the lack of visibility SB, and limited view lines NB on SR 99, we do not believe this is a viable site for a billboard sign: static or digital. Site No. 2 – Camellia Way This site is located north of a major off-ramp and double overcrossing in the central part of the City, with a General Plan designation of Commercial, and Zoning of Highway Commercial. The site is currently being used as a construction staging area, but is overwise vacant land. It is partially located in a designated Landscape Freeway, however there is an at grade double overcrossing with the freeway routed underneath which impacts visibility NB on SR 99. Due to the lack of visibility NB on SR 99, as well as the property location and SB off-ramp configuration, we do not believe this is a viable site for a digital billboard sign. There may be interest in a single face static sign at this location from a sign company. Site No. 3 & 4 – Fairway Drive This site is located south of a major on-ramp and double overcrossing in the central part of the City, with a General Plan designation of Public Quasi-Public, and Zoning of Public Quasi-Public. The site is currently utilized as a parking lot for the park land directly west of the property. It is adjacent to commercial businesses, but also adjoins a residential area. It is not located in a designated Landscape Freeway, however there is an at grade overcrossing with the bypass routed underneath which has a partial impact on the SB sightlines along SR 99. We believe there may be interest from sign companies in constructing and operating either a static or digital two face sign at this location. Assessment - Recommendations: Site 3 & 4 has the potential to attract a sign company, however the City will need to change their general plan and zoning designation to a commercial land use, which is the adjoining property designations to the north and south of the site, in order to obtain a State Permit for a sign. In addition, digital LED signs have lighting impacts, with the placement and position of any sign to be addressed relative the adjoining single family residential homes. We have provided an exhibit which indicates a possible sign location approximately 250’ from the closest home. Lighting studies used by Caltrans and sign companies typically call for this 250’ distance to not have a negative impact on residential developments, however we have entitled digital signs with only 180’ of distance. During our field visit, we filmed the NB & SB approach on SR 99, and even with the double overcrossing there is still good visibility SB. 450 Chadbourne Road Suite G • Fairfield, CA 94534 • phone 707.639.1000 • fax 707.312.5200 • www.terraadvisors.net  Galt Billboard Sign Assessment Page 3 of 3 As a point of reference, static signs in this area should generate revenue in the $35 - $50,000 per year range. If a larger sign company that constructs and operates digital signs is interested, revenue should be in the $100,000 per year range. Next steps: • With this information, ascertain City interest in creating a new revenue source. • Initiate process to change the general plan & zoning to be compliant with Caltrans regulations. • Modify the scope of the City’s design guidelines and ordinance to allow freeway oriented general advertising signs. • As signs can also be used as a “branding” tool for a city, create a design that accomplishes this in addition to the potential revenue from general advertising. • Prepare and distribute a RFP to all sign companies, to solicit proposals to construct and operate a new sign. We are available to meet with you and staff to discuss this in greater detail. Thank you. 450 Chadbourne Road Suite G • Fairfield, CA 94534 • phone 707.639.1000 • fax 707.312.5200 • www.terraadvisors.net