HomeMy WebLinkAboutMINUTES - 09011998 - D13 L D1,3
•:' Contra
Costa
TO: BOARD OF SUPERVISORS ��.� a� County
FROM. DENNIS M. BARRY AICD
COMMUNITY DEVELOPMENT DIRECTOR
DATE: September 1, 1998
SUBJECT: Report on Implementation of the Billboard Agreements
SPECIFIC' REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Accept the report from the Community Development Director.
FISCAL IMPACT
None.
BACK!aPOUND,(REASONS FQRRRECOMMENDA TONS
On July 23, 1996 the Board of Supervisors authorized two contracts
with Eller Media and Gannett Outdoor to remove alcohol and tobacco
advertising from billboards within 1,600 feet of schools. As
required by that agreement, the Community development Department
was to report back in two years as to the effectiveness of reducing
the previously planned 2, 000 feet to 1, 600 feet distance from
schools.
On January 12, 1997, Eller Media filed an application to construct
an outdoor advertising structure at the Mt. View Sanitary property,
along 1--680. Linder the terms of their agreement with the County,
Eller Media was responsible for removing 11 signs facing throughout
the County. The conditions of approval required Eller Media to
remove those 11 signs facing listed in Exhibit 1 prior to issuance
of a building permit and not advertise alcohol or tobacco products.
Those signs were removed and the new sign constructed'. To date,
the terms of the agreement have been met.
-t>o,�
CONTINUED ON ATTACHMENT: _ YES SIGNATURE
RECOMMENDATION OF 'COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON T,6 t7'1, t /99S, APPROVED AS RECOMMENDED X _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY .OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:D+ebbie Chamberlain - 335-1213
Orig: Community Development Department ATTESTED ,
cc: County Counsel PHIL BATCHELO , CLERK OF'
CAO' ' THE BOARD OF SUPERVISORS'
AND COUNTY ADMINISTRATOR'
�... , DEPUTY
2
Outdoor Systems (formerly Gannett Outdoor) over the past two years
has found ' alternate sites that would meet their needs. Outdoor
Systems has been in negotiations with Tosco Refinery to locate a
sign at the Rodeo Refinery along I-80 and discussions with County
Redevelopment Agencyregarding locations in North Richmond.
Included with this Board Order is recent correspondence from
Outdoor Systems documenting their work to work with the Rodeo
community and Tosco. To date the Chamber of Commerce has
supported the billboard at Tosca Refinery but Outdoor Systems has
been unable to enter into a lease agreement.. Additionally,
Outdoor Systems has recently began discussions with West County
Wastewater District to discuss locating a billboard along the
Richmond Parkway.
The Billboard , Agreement requires that "within 'thirty (30) days
following' execution of this agreement, Company (Outdoor Systems)
shall': submit at least one (1) application for a land use permit of
a` priority sign relocation. " Outdoor Systems is responsible for
the removal of four (4) billboards that are located within 1, 600
feet of a school,.
To date, the terms of the agreement with Outdoor Systems have not
be satisfied.
The decision to reduce the distance which alcohol and tobacco
related products can be advertised from 2 ,000 feet to 1, 600 feet
exempted one billboard from removal along I-680. Both companies
further agreed to voluntarily stop advertising tobacco and alcohol
products on those billboards within 1, 600 feet of schools. There
is no evidence that they have violated that agreement
The effect of reducing the restriction has not resulted in any new
billboard proposals between a 1, 600 foot to 2, 000 foot radius
advertising alcohol and tobacco related' products in proximity to
areas of high concentration of children. In converse,, it has
resulted' in the removal of over half of those identified
billboards and voluntary withdrawal of alcohol and tobacco '
advertising on these billboards within 1, 600 feet of schools.
DJC/aa
BO/Board,.DJC
,I QV VZ> it L44 VU M r, C—/C- " 1°
i
GANNETT OUTDOOR BILLBOARD;LOCATIONS IN
UNINCORPORA.TED'CONTRA COSTA COUNTY
CITY LEASEOSIGN# LUC.]DESC. STREET ADDRESS/
APM fl
CROCKETT 74/2652,2653 San Pablo N2.25 mi,W/o Southern Pacific R.R.
Crockett M.P.A.-28.01 R
2098/2654.1467 San Pablo N/L 1.0 mi.W/o Southern Pacific R.R.
r
Crockett M.P.A.-2.8.10"R
9/22M 2201 San Pablo N/L 1.5 mi:W/o Southern Pacific R;R,
Crockett M.P.A.28.15 R
EI 17/1124 I Portal NL 200'R/o APN#416-074-03
SOBRANTE Rallingumad'
567/1229,1930 San Pablo Daae Rd.NIL 738 San Pabto Dam Rd.
258'E/o Appian
f
1392/ San Pablo Dam Rd.N2 250 619 San Pablo Dam Rd: i
r E/o Appian
f
PACHECO 295/2645,2040 acheco WIL 75'N/o Shea AP'N 9375-012-005
NW corner
r
RICHMOND 1330/4005 3rd&silver S.W, 1655 3rd street
(North) 1331/4038
f
RODEO 1920/1499 San Pablo&Parker NW Old State Route 40
M.P.A.35.52 R
2100/1994 San Pablo&Parker NW Old State Route 40
M.P.A.25.51 R 1
t
'9 y .
ELLER MEDIA COMPANY
Sign
Poster Panel Locations D- So. Ft,
2322 Parker EL 75' S/0 Investment 6,000 300
2323 Parker WL 150 S/O'6th St. 8,500 300
2324 Loring NL 10' E/0 4th Ave: S00 300
2313 Pacheco NL 100' E/O Arthur 16,600 300
2314Pacheco NL 100' E/O Arthur 11,700 300
2315 Pacheco SL 200' E/O Arthur 11,600 300
2316 Pacheco SL 200' E/O Arthur 8,200 300
2399' Port Chicago Hwy NL 300' W/0 Lake View 1,100 300
2400 Port Chicago Hwy NL 300' W/0 Lake View 1,100 300
2401 Port Chicago Hwy NL 300' E/O Lake View 1,100 300
2402 Port Chicago Hwy NL 300' E/O Lake View 1,100 300
TO'T'ALS: 11 Sign. Facings 67,500 3,3000
(DEC) (SQ, FT.)
MRTISIAG TYoutdoor ADV
Sunbelt Region 98 JUL -9
Phoenix(Headquarters)
Tucson
Atlanta July 7, 1998
Atlanta
Columbus,GA
Houston
Dallas
San Antonio
Austin Deborah J. Chamberlain, Senior Planner
EI Paso
Beaumont,TX Contra Costa County
Midland-Odessa,TX
Rio Grande Valley Community Development Department
Albuquerque
New Orleans 651 Pine Street,4th Floor- North Wing
Louisville
Nashville Martinez,CA. 94553-W95
Memphis
Knoxville
Chattanooga
Birmingham Re:Billboard Relocation Update
Central Region
Detroit(Actg.Center) Dear Deborah:
Grand Rapids
Flint
Chicago
Milwaukee Outdoor Systems has continued to work diligently on several things, in order to submit
St.Louis
Kansas City a bonafide location to the County for their consideration.
Indianapolis
Cleveland
Columbus,off
Cincinnati On January 27, 1998, we presented the billboard relocation idea to the Rodeo Chamber
Dayton
Minneapolis of Commerce. At this meeting,the Chamber voted affirmatively to support the
Fort Wayne
Buffalo
F=orconcept, (see the enclosed letter dated February 3, 1998, from the Rodeo Chamber of
Eastern Region Commerce).
New Jersey(Actg.Center)
New York
Philadelphia Then, on April 15, 1998, we presented our relocation concept to the Rodeo Municipal
Pittsburgh
New Haven Advisory Committee. The Rodeo MAC, Board of Directors voted that they were not
Miaopposed to the relocation of billboards in neighborhood commercial areas to industrial
Tampa-St.Petersburg
Orlando areas, along the 1-813 corridor.
Fort Myers
Sarasota
Jacksonville
Charleston CharSince we received the approval of both the Rodeo Chamber of Commerce and the
l
Charlotte Rodeo MAC, l have asked Tosco Relining Company to reco> sider a lease agreement
Raleigh-Durham
Winston-Salem with Outdoor Systems. At this time, I have not heard back from Tosco.
Western Region
Los Angeles(Actg.Center) h
i
Also, we have been n contact with the West Count Wastewater District who has
San Diego y
Sacramento°° expressed an interest in leasing us part of their property along the Richmond Parkway.
Fresno
Stockton-Modesto
Frplease let ire know your initial thoughts on a billboard at this potential site,
esno
Bakersfield
Reno
Denver Thank you for your consideration, if you have any questions,please do not hesitate to
Colorado Springs
Salt Lake City
give me a Call.
Seattle,WA
Portland,OR
Eugene,OR
CanadaiMediacom
Toronto(Headquarters)
Montreal -
Quebec City C. h f
»
Winnipeg n
Vancouver St
Saskatoon
Halifax Director of Public Affairs
Calgary
Edmonton
1695 Eastshore,Highway Berkeley, California 94710
(510) 527-3350 - Fax (510) 527-7041
13,
Rodeo Chamber of Commerce
P.O. Bax548 • Rodeo, CA 94572
Phone: (510) 799-7351 Fax: (510)'799-0263
February 3, 1998
Mr. Tom Powers
80 Nicholl Avenue
Pt. Richmond, CA 94801
Lear Tan
Thank you for attending our recent Chamber Board. meeting.
The Comer supports the concept as presented ;,by you and
Outdoor Systems on moving billboards from retail and com-
mercial areas to Industrial areas.
Realizing that finding a suitable site might be a challenge,
we do wish you good luck in this endeavor.
Thanks again for including us`.
Sincerely,
Anthony Leal, President
TONY LEAL SHIRLEY MOIRANO LISA 'DAMMAN
President Executive Director Vice-President
Y
{y
Contra
TO: BOARD or SUMMSORS sta
PTM: Victor J. Wmtrnan,County Counsel County !;
by: Diana J. Silver,Deputy County Counsel
DATE; July 8, 3.99E
SURE Aggeer=t,v,Aft billboard companies to remove alcohol and tobacco advertising within 1640 feet of
schools
SPECIRC REQtJESI)S)OR RECC1 MIENDATION(S)&BACKCROUND AND 3[TS"MCA1ION
i,
APPROVE and AUT14ORIM the Chair, Board of Supervisors,to execute two contracts, one
With ET.LER NOXA and one with GANNETT OUTDOOR, to remove alcohol and tobacco
advertising from billboards within 1600 feet of schools.
EISCAL A s
None known.
A tK t)i 1 =iL
fB�ONS FOR RFt'tO-._. MONS �
On fvby b, 1996,the Board of Supervisors directed the Community Development Department
and the County Civjwl's office to revise draft agreements with the two referenced billboard'
Y{Y
companies to relict-t certain changes in the provisions including,deletion of"whereas"clauses, 3 t
change the dista= limitation to 1600 feet instead of 2000 feet,and provide for review by the
Community Development Department in two years of the effect of reducing the restriction to
1604 feet. In addition,the Board directed staff to add provision for Community Development
Department staff to have discretion to consider certain size and traffic factors, to delete all ;
references to public service signs and to consider comments by Gannett's counsel in redrafUng q #
the agreem
The attached proposed agreements reflect the changes as directed by the Board of Supervisors.
The proposed amts have been reviewedand approved by staff of the Community; t }
Development Depa,0=9 and by representatives of the billboard companies.
3 i+
j.
EO1'13Cf+tM ON ATTACH + T•. � 'YES SIGNATURE
x :
_ A"TrC OF COUNTY ADM€1N19 I2 T0R—RECOMMENDATION OF BOARD CO'V N TT1FE � K�
-- APPROVE -- (inKR
SIGNATURE(S); � t
yi
ANION OF BOARD ON July 13, 1996 APPR(AIED AS EU x0111MAr
VME OF SUMVISORS I EEMY Com'THAT TW ISA
X UNANIMOUS TRUE Am cmmcr cow ojF AN
AYI ; - NOES; ACTION TAM AND E UWD ON THE `
ABS1 VTti _AB IWlN, M11WM OF Tllllti BOARD OF
SUPERV1SC11iS ON THE DATE SHOWN
Orifi; County Counsel ATIES'TET3 utv 2a. 4�� Jt i h'
Ce; Debbie Chamberlain,' CDD pI$,BA
Bennis Barry, CDA SOF .
Claude van starter, CAOTHE BOARD OF SU ERVSMS
, E,
AD
Victor J. Westman, County CounselFM
N' ,fix
T13'
This Agreement is between the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, hereinafter referred to as
"County" and GANNETT OUTDOOR, hereinafter referred to as "Company"
The County desires to reprove and the Company desires to relocate
billboards which advertise tobacco products and alcoholic beverages
so that no such billboards be located within 1600 'feet of schools .
NOW, THEREFORE, in consideration of the foregoing, the parties
agree as follows:
Section 1. EFFECTIVE DATE
(a) c v Via• This Agreement shall become effective
upon the date it is signed by all the parties.
Section 2 . DEFINIT
(a) Aggregate ga Area: ""Aggregate Sign. Area" shall, mean
the sum of all involved sign face areas offered for relocation'
expressed in square feet, awned by Company within the unincorpo-
rated area of the County.
(b) ",Face Area" shall
mean the area of each individual sign surface upon, against, or
through which the message is" displaced or illustrated. The area of
a sign surface composed of characters, illustrations or words
attached directly to a wall or vertical surface of a building or
structure shall be the area of the smallest rectangle which can
enclose such characters, illustrations or words. The face area of
an off-site advertising sign shall be the area of the smallest
rectangle which can enclose characters, illustrations or words
The face area of an off--site advertising sign shall be the area of
the rectangular board on which non-accessory advertising copy is
placed excluding any flyer. A flyer may be of any; shape or
proportion, but the product of the overall vertical dimension and
the overall horizontal dimension shall not exceed cane-quarter of
the area of the ,sign to which it is a flyer.
"Aggregate face area" is the sum of the face areas of a multiple-
faced, off-site advertising sign.
(c) , Vie:; '$Flyer" means an addition, cut-out, extension .or
embellishment to an outdoor advertising structure beyond the limits`
of its ordinary dimension and as more particularly defined in
Contra Costa County Ordinance Cade § 88-6 .406 .
D/3
g
(d) off-Site Advrtisi ': gign: "Off-site advertising ,sign"
.g
also "sign" as used herein., shall mean: a sign constructed.
(e) priprity j ; i s:; "Priority Signs" means those off-site
advertising signs located within 1600 feet of a school and
designated as such signs in Exhibit A, attached hereto and
incorporated by reference herein.
(f) Releca n.• "Relocation" shall mean the removal and
subsequent reconstruction and installation at a new location of an
off-site advertising sign in accordance with Contra Costa County
Ordinance Code, Title 8 .
(g) $elocatign Credit : "Relocation Credit" shall mean: the
transfer of development rights expressed in square feet of face
area, of an off-siteadvertising sign removed under the terms of
this Agreement and the crediting of the face area of such sign to
an alternate location' acceptable to the County.
(h) Sc:h:oQl : "School" shall mean a public or private
elementary or secondary institution for grades- K-12 .
(i) �c : "Sign." shall 'mean a writing, pictorial
representation, symbol, registered trademark, flag, banner, or
pennant, or other device or figure of similar character used to
identify, announce, direct attention, advertise or communicate,
installed on or outside a building or on an exterior window of a
building, and structural supports for any of the foregoing.
Any word or phrase not defined above shall be construed in
accordance with the provisions of Chapter 88-6 of the Contra Costa
County Ordinance 'Code in force on the ''execution of this agreement.
Section 3 . REMOVAL OF PRIORITY SIGNS
Within thirty (30) days following execution of this Agreement,
Company shall submit at least one (1) application for a land use
permit of a priority sign relocation. Thereafter, all remaining
land: use permits 'hall be applied for by the Company in a timely
manner so that all priority signs owned by' Company' as of that date
shall be removed 'within eighteen (18) months fallowing issuance of
the first land use permit approved by the County, except as
provided in Section 12 , Prior to the relocation of any; off-site
advertising sign under the terms of this Agreement, and following
final approval of land use permits, each priority sign shall be
2
abated, dismantled and removed. No off-site advertising sign shall:
be accepted for relocation or granted, relocation credits until all
priority signs are relocated'.
Section. 4 . RELQMIQN QF PRIORI= IGNS
A priority sign may be relocated and installed at a new site
provided that the Company first receives Land Use Permit approval
in accordance with Section 2 -2 . 2008 of the Contra Costa County
Cade. Notwithstanding any of the foregoing, no relocated sign
shall be locatedwithin 1600 feet of a school,. Two years after the
effective date of this Agreement, the Community Development
Department shall review and report to the County Board of
Supervisors concerning the effectiveness of reducing the previously
planned 2000 feet to 1600 feet distance from schools. This
agreement in no way abrogates or affects the Board of Supervisors'
authority to determine any appropriate action, to be taken to
safeguard the general welfare of the county' s residents .
Company shall ensure that the relocated signs which advertise
tobacco products and alcoholic beverages are not located as to
increase exposure to children at locations other than schools and
do not otherwise significantly increase exposure in general . When
submitting an application for a land use permit, Company shall use
its best efforts to, identify` all parks, childcare facilities and
locations with substantial concentration of children within 1600
feet of the relocated sign. Staff of the Community Development
Department has discretion to consider the number of billboards, the
number of advertising faces, the square footage of the billboards
and the average daily traffic volumes at the sites of the existing
billboards and at the proposed replacement sites for the purpose of
achieving a' "rou.gh equivalency" between the signs removed and the
signs relocated.
Company acknowledges that relocated signs may be allowed only in ITB
(Neighborhood Business) , RB (Retail Business) , U (Unrestricted) , LI
(Light Industrial) , HI (Heavy Industrial) , and C (Commercial)
districts, and must comply with the General Plan and the zoning
ordinance in effect at the time zoning Land Use Permit approval is
granted.. Company acknowledges it has no vested right to erect
advertising signs listed in Exhibit A in new locations.
Section 5 . RELOCATION CREDITS
In lieu of relocation of any sign, Company may elect to remove such
3
All
sign and therefor obtain relocation credits. Relocation credits
shall be one (1) 'square foot of face area for each 'square foot of
face area in each sign removed. Company may use relocation credits
to increase the height or size of an advertising sign or signs'
beyond the limits of 'those signs currently existing within the
unincorporated County and as specified by the approved land use
permit for said sign.; Relocation credits may be reserved for the
term of this Agreement .
Section 6. LIMIT_ ON RELOCATION CREDITS
Whenever a sign is relocated, the face area of such sign may be
increased by one (1) square foot for each square foot of relocation
credit available to Company, to the maximum size and height
limitations allowed by the specific approved land use permit for
such sign and as allowed in the specific zoning district
Relocation credits used by Company shall be deducted from the total
relocation credits available to Company. Relocation credits,
Aggregate Sign Area, and all other calculations of sign area and
height shall be recorded by the Community Development Department .
Section 7. NON-WAIVER. OF ENFORCEMENT :RIGHTS
The County does not, nor shall this Agreement be constructed to,
waive any of its rights to enforce all building, zoning, health and
safety regulations of the Contra Costa County Ordinance Code and
all other provisions of the Contra Costa County Ordinance- Code,
including, but not limited to, Chapter' 88'-6, Outdoor Advertising.
Section 8 . ASSIGNMENT
This agreement binds the heirs, successors;, assigns and
representatives of the Company, but it cannot assign it in whole or
in part, without the 'prior written consentof the County.
Section 9 . AMENDMENTS AND TERMINATION
This. Agreement is not subject to modification or amendment except
by a writing' executed by Company and County, which writing shall
expressly state that it is intended by the parties to amend the
terms and conditions of this Agreement. This Agreement may be
terminated by the County upon Thirty drys written notice to
Company.
Section 10 . HOLD HARMLESS AND INDEMNITY
4
Company shall defend, sage and hold harmless County and its
officers and employees from any and all claims, costs and liability
for any damages, injury or death arising directly or indirectly
from or connected with the subject matter of this agreement, due to
or claimed or alleged to be due to negligent or wrongful acts of
Company or any person under its control, save and except claims or
litigation arising through the sole negligence or sole willful
misconduct of County, and will make good to and reimburse County
for any expenditures, including reasonable attorneys fees, County
may make by reason of such matters and, if requested by County,
will defend any such suits at the ,,sole cost and expense of Company.
Section 11 . SEVERABILITY
If any provision, or part thereof, of this agreement is held
invalid for any reason by -a court :of competent jurisdiction that
holding shall not affect the validity of the remaining provisions '
of this agreement
DATED• o231I DATED
COUNTY F C C4 TA GANN T OUTDOO
Y.
60
By-
A r °ved as to form:
Victor J. Westnyn
County Counsel
DJS:bmw
d]s-6\a:\gannett.a9r
5
AGREE
This:. Agreement is between the COUNTY OF CONTRA COSTA, a; political
subdivision of the State of California, hereinafter referred to as
"County" and EELLER. MEDIA, hereinafter referred` to as "Company"
The County desires to remove and the Company desires to relocate
billboards which 'advertise tobacco products and alcoholic beverages
so that no such billboards be located within 1600 feet of schools.
NOW, THEREFORE, in consideration of the foregoing, the parties
agree as `follows
Section 1 . EFFECIIV
(a) Effective Date . This Agreement shall become effective
upon the date it is signed by all the parties .
Section 2 . DEFINITIONS
(a) Agarregate Sign Area: 'Aggregate Sign Area" shall mean
the sum of all involved sign face areas offered for relocation
expressed in square feet, owned by Company within the unincorpo-
rated area of the County.
(b) andFace.__Arga "FaceArea" shall
mean the area of each individual sign surface upon, against, or
through which the message is displaced or illustrated. The area of
a sign surface composed of characters,: illustrations or words
attached directly to a wall or vertical surface of 'a building or
structure shall be the area of the smallest rectangle which can
enclose such characters, illustrations or words. The face area of
an off-site advertising sign shall be the area of the smallest
rectangle which can enclose characters, illustrations or words
The face area of an off-site advertising sign shall be the area of
the rectangular board on which non-accessory advertising copy is
placed excluding any flyer. A flyer may be of any shape or
proportion, but the product of the overall vertical dimension and
the overall horizontal dimension shall not exceed one-quarter of
the area of the sign to which' it is a ,flyer.
"Aggregate face area" is thesum of the face areas of a multiple-
faced, off-site advertising sign.
(c) r "Flyer" means an addition, cut-out, extension or
embellishment to an outdoor advertising structure beyond the limits
of its ordinary dimension and as more particularly defined in -
Contra Costa County Ordinance Code 8'8-6 .406 ,
�¢l
(d) Off-Site Ady-ertising Sign: ,off-situ advertisingsign"
also "sign" as used herein, shall mean a sign constructed.'
(e) Priority gigns:`' "Priority Signs" means those' off'-site
advertising signs located within 1600 ' feetof a school ;,and
designated as such signs in Exhibit A, attached hereto and
incorpora.ted', by reference herein.
(f) Relocation: "Relocation" shall mean the removal and
subsequent reconstruction' and installation at a new location of an
off-site' advertising '.sign in accordance with Contra Costa County
Ordinance Cade, Title 8'
(g) Relocation Credit : "Relocation Credit" shall mean the
transfer of development rights expressed in square feet of face,
area, of an riff-site 'advertising sign 'removed under the terms of
this Agreement and the crediting of the face area of such sign to
an alternate ' location acceptable to the County.
(h) School "School" shall :mean a public or 'private
elementary or secondary institution for grades K-12 .
ti) Sian: "Sign" shall mean' a writing, pictorial
representation, symbol, registered trademark, flag, banner, or
pennant, or other device :or figure of 'similar character used to
identify, announce, direct attention, advertise or communicate,'
installed on or outside a building or on an exterior window of a
building and structural supports for any of the foregoing.
Any word or phrase not defined above shall be construed in
accordance with the provisions of Chapter 88-6 of the Contra Costa
County Ordinance Code in force on the execution of this agreement .
Section 3 . REMOVAL OF PRIG ITY SIGNS
Within thirty (30) days following execution of this Agreement
Company shall submit at least. one (1) application for a land use
permit of a priority sign' relocation. Thereafter, all remaining
land use permits hall' be applied for by the Company in; a timely
manner so that all priority signs 'owned by; Company as of that date
shall be removed within eighteen ('18) months following issuance of
the first land use permit' approved by the County, except as
provided, in Section 12 . Prior to the relocation of any off-site
advertising sign under the terms of this Agreement, and following
final approval of lana use permits, each priority sign shall be
2
z'
' abated, dismantled and removed. No off-site advertising sign shall
be accepted for relocation or granted relocation credits until all
priority signs are relocated.
Section 4 . r O A` I RR1jX
A priority sign may be relocated and :installed at a new site
provided that the Company first receives Land Use Permit approval
in accordance with Section 26-2 .2008 of the Centra Costa County
Cade. Notwithstanding any of the foregoing, no relocated sign
shall be located within 1600 feet of 'a school . Two years after the
effective date of this Agreementl the Community Development
Department shall: review and re ort to the County Board of
Supervisors concernin the effe t " ucin the previa ly
loosed2000 feet tc 160 ! feet distance from schools. This
agreement in noway abrogates ora ects the Board of 'Supervisors
authority to determine any appropriate action to be taken-to
safeguard the general welfare of the county's residents-.
Company shall ensure that the relocated signs which advertise
tobacco' products and alcoholic beverages are not located as to
increase exposure to children at locations ether than schools and
do not otherwise significantly increase exposure ,in general. When
submitting an application for a land use permit, Company shall use
its best efforts to identify all parks, child care facilities and
locations with substantial concentration of children within 1600
feet of the relocated sign. Staff of the Community Development
Department has discretion to consider the number of billboards;, the
number of advertising faces, the square footage of the billboards
and the average, daily traffic volumes at the sites of the existing
billboards and at the proposed replacement sites for the purpose of
achieving a` „rough equivalency” between the signs removed and the
signs relocated
Company acknowledges that relocated 'signs may be allowed only in NB
(Neighborhood Business) , RB (Retail Business) , U (Unrestricted) , LI
(Light Industrial) , HI (Heavy Industrial) , and C (Commercial)
districts, and must` comply with the General Plan and the zoning
ordinance in effect at the time zoning Land Use Permit approval is
granted.. Company acknowledges it has no vested right to erect
advertising signs listed in Exhibit A in new locations.
Section S . RELOCA'I'ICN CREDITS
In lieu of relocation of any sign, Company may elect to remove such
3
V1
abated, dismantled and. removed. No off-site advertising sign shall
be accepted for relocation or granted relocation credits until all
priority signs are relocated.
Section 4 . RELQCATION OF PRIORITY SIGNS
A priority sign may be relocated and installed at a new site
provided that the Company first receives Land Use Permit approval
in accordance with Section 26-2 .2008 of the Contra Costa County
Code . Notwithstanding any of the foregoing, no relocated sign
shall be located within 1600 feet of a school . Two years after the
effective date of this Agreement, the Community Development
Department shall review and report to the County Board of
Supervisors concerning the effectiveness of reducing the previously
planned 2000 feet to 1600 feet distance from schools. This
agreement in no way abrogates or affects the Board of Supervisors,
authority to determine any appropriate action to be taken to
safeguard the general welfare of the county' s residents .
Company shall ensure that the relocated signs which advertise
tobacco products and 'alcoholic beverages are not located as to
increase exposure to children at locations other than schools and
do not otherwise significantly increase exposure in general . When
submitting an application for a land use permit, Company shall use
its best efforts to identify all parks, child carefacilities and
locations with substantial concentration of children within 1600
feet of the relocated sign_ In judging the adequacy of alternative
sites for the nine billboards to be relocated (seven of which with
eleven sign faces and a total of 33007 square feet belong to Eller
Media) , staff of the Community Development Department has
discretion to consider the number of billboards, the number of
advertising , faces, the square footage of the billboards and the
average 'daily traffic volumes at the sites of the existing
billboards to be removed and at the proposed replacement sites for
the purpose of achieving- a rough equivalency between the signs
removed and the signs relocated.
Company acknowledges that relocated signs may be allowed only in NB
(Neighborhood Business) , RB (Retail Business) , U (Unrestricted) , LI
(Light Industrial) , HI (Heavy Industrial) , and C (Commercial)
districts, and must comply with the General Plan and the zoning
ordinance in effect at the time zoning Land Use Permit approval is
granted. Company acknowledges it has no vested right to erect
advertising signs listed in Exhibit A in new locations .
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Section 5 . RELQCAT O� CREDITS
In lieu of relocation of any sign, Company may elect to remove such
sign and therefor obtain relocation credits. Relocation credits
shall be one (l) ' square foot of face area for each square foot of
face area in each sign removed. Company may use relocation credits
to increase the height or size of an advertising sign or signs
beyond the limits of those signs currently existing within the
unincorporated County and: as specified by the approved land use
permit for said sign. Relocation credits may be reserved for the
term of this Agreement .
Section '6 G . LIMIT ON RELOCATION CREDITS
Whenever a sign is relocated, the face area of such sign may be
increased by one (l) square foot for each square foot of relocation
credit available to Company, to the maximum size and height
limitations allowed by the specific approved land use permit for
such sign and as allowed in the specific zoning district .
Relocation credits used by Company shall be deducted from the total
relocation credits available to Company. Relocation credits,
Aggregate Sign Area, and all other calculations of sign area and
height shall be recorded by the Community Development Department .
Section 7 . NON-WAIVER. OF ENFORCEMENT RIGHTS
The County does not, nor shall this Agreement be constructed to,
waive any of its rights to enforce all building, zoning, health and
safety regulations of the Contra Costa, County Ordinance Code and
all other provisions of the Contra Costa County Ordinance Code,
including, but not limited to, Chapter 88-6, Outdoor Advertising.
Section 8 . ASSIGNMENT
This agreement binds the heirs, successors, assigns and
representatives of the Company, but it cannot assign it in whole or
in part, without the prior written consent of the County.
Section 9 . AMENDMENTS AND TERMINATION
This Agreement is not subject to modification or amendment except
by a writing executed by Company and County, which writing shall
expressly state that it is intended by the parties to amend the
terms and conditions of this Agreement . This Agreement may be
terminated by the County upon Thirty days written notice to
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Company.
Section 10 . Ht D HAMr SS A INDEMNITY
Company shall defend, save and hold harmless County and: its
officers and employees from any and all claims, costs and liability
for any damages, injury or death arising directly or indirectly
from or connected with the subject matter of this agreement, due to
or claimed or alleged to be due to negligent or wrongful acts of
Company or any person under its control, save and except claims or
litigation arising through the sole negligence or sole willful
misconduct of County, and will make good to and reimburse County
for any expenditures, including reasonable attorneys fees, County
may make by reason of such matters and, if requested by County,
will defend any such suits at the sole cost and expense of Company.
Section 11 . SEVERABILITY
If any provision, or part thereof, of this agreement is held
invalid for any reason by a court of competent jurisdiction, that
holding 'shall not affect the validity of the ,remaining provisions
of this agreement .
DATED: ,Z J //P DATED:
COUNTY O ON C ST ELLER MEDIA
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By By:
V!GG PeJ14�
Approved as to form:
Victor J. Westin n
County Counsel
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