DATE: June 12, 2018
SUBJECT:
Title
PRESENTATION AND DIRECTION TO STAFF ON THE PORT MASTER PLAN UPDATE - POLICY DISCUSSION CONSIDERING PAID ADVERTISING IN SPECIFIC APPLICATIONS:
A) BUILDING WRAPS WITHIN AN ADVERTISING DISTRICT
B) DIGITAL INFORMATIONAL AND WAYFINDING SIGNAGE
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EXECUTIVE SUMMARY:
Since 2013, the District has been evolving and improving a process, which we have all come to know as Integrated Planning. In short, Integrated Planning is a multi-faceted and comprehensive approach for managing and planning the uses and business of the District in a balanced way. Although Integrated Planning is an approach and philosophy that will permeate numerous plans and processes at the District, one critical and current focus area is an update to the District’s Port Master Plan. The first comprehensive revision in the District’s history, the Port Master Plan Update (PMPU) is a comprehensive, integrated, baywide approach that will modernize our method for land and water planning and serve as a guide for future uses and development of District tidelands. The PMPU will connect the tidelands through a series of networks and Planning Districts. It will control the allowable land and water uses, including the type and characteristics of development, recreation, and environmental conservation throughout the District’s jurisdiction.
Through the course of 2017 and 2018, the Board conducted a series of workshops focusing on goals, policy concepts and draft land and water use maps for baywide elements and the ten Planning Districts. During those workshops, several policy topics were noted for needing additional discussion and feedback to assist the team with completing the Discussion Draft of the PMPU. For this item, staff is seeking feedback on considerations for paid advertising in specific applications and will present a series of questions for the Board to discuss and provide the team with general policy direction on this topic.
Each of the above topics will be presented and discussed individually to allow for clarifying questions and interactive dialogue with the Board. Staff intends to follow the discussion structure utilized during the previous PMPU Board workshops. This approach will allow the Board to receive staff’s presentations, hear from the public and stakeholders, and provide feedback to staff as the drafting of the PMPU progresses. Staff’s preliminary draft presentation is included as Attachment A to provide the Board and the public time to review the discussion materials in advance.
RECOMMENDATION:
Recommendation
Receive staff’s presentation and provide direction to staff on the Port Master Plan Update - Policy Discussion Considering Paid Advertising in Specific Applications.
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FISCAL IMPACT:
Funds for work associated with the Port Master Plan Update effort are budgeted in the Planning Department’s proposed FY 2019 budget within the Professional Services expense account (#620100). Funds required for future fiscal years will be budgeted for in the appropriate fiscal year and cost account subject to Board approval upon adoption of each fiscal year’s budget.
Compass Strategic Goals:
This agenda item supports the Strategic Goals adopted by the Board. The Integrated Planning efforts, including the PMPU, will bring the District’s current practices into conformance with best management practices with considerations of sustainable fiscal growth for the District while proactively enhancing assets on tidelands and benefits to the public.
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A thriving and modern maritime seaport.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
• A Port that is a safe place to visit, work and play.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
Holistic Planning Through Public Engagement
The PMPU process is in the third phase of a five-phase work plan. The five-phased work plan began with laying the foundation of the PMPU with acceptance of the Integrated Planning Vision Statement and Guiding Principles in the first phase, followed by acceptance of the Integrated Planning Framework in the second phase (collectively referred to as the “Integrated Planning Vision”). The phased work plan has allowed the PMPU team to continue to build a comprehensive update to the Port Master Plan from the ground up in a transparent and inclusive way that has included a balance of Board, stakeholder and public engagement throughout the planning process.
The summary below shows the five major phases of the work plan:
• Vision Process: Guiding Principles (Completed). The initial phase included a high-level assessment of District-wide assets and extensive public engagement resulting in a foundational Vision Statement and Guiding Principles for the entire Integrated Planning framework.
• Framework Report (Completed). The Vision Process was further refined through consideration of a core set of comprehensive ideas, memorialized in a Framework Report, that is informing the development of the Draft PMPU document.
• Draft the Port Master Plan Update. The current phase involves drafting the “Draft PMPU” document, which will ultimately be comprised of goals, policies and maps.
o Baywide Elements and Planning District Goals (Completed)
o Policy Concepts and Land and Water Use Maps (Completed)
o Additional Policy Topic Discussions (In Progress)
• California Environmental Quality Act (CEQA) Environmental Review (In Progress). Creation of the draft PMPU will be followed by conducting the requisite “CEQA Environmental Review.” Preliminary environmental review work has begun.
• California Coastal Commission Certification. If the Board certifies the Programmatic Environmental Impact Report (PEIR) and adopts the PMPU, it will be processed for “California Coastal Commission Certification,” with minor approvals thereafter, including the Board’s approval of the PMPU as certified by the California Coastal Commission and lastly, the Coastal Commission’s approval of the final PMPU after the Board’s approval of the PMPU as certified by the California Coastal Commission.
All of these steps have or will require public input, stakeholder outreach, and agency coordination throughout.
Recap on the Draft PMPU Contents
As a refresher, the draft PMPU is proposed to include six topical sections, or elements, that provide baywide guidance related to Land and Water Use, Mobility, Coastal Access and Recreation, Natural Resources, Resiliency and Safety, and Economic Development. Within each element, there are goals and policies being drafted consistent with the proposed draft table of contents endorsed by the Board at the July 22, 2015 Integrated Planning Study Session. The elements will also contain and address cross-connecting themes like environmental justice, climate change, and the Green Necklace. The PMPU team has utilized the robust public feedback obtained during the Integrated Planning process as the basis for drafting the goals and policy language to be contained within the draft PMPU elements.
The PMPU is also proposed to contain ten Planning Districts, and application of the baywide goals and policies established by the six baywide elements will vary Planning District by Planning District, as appropriate. Each of the ten Planning Districts will contain more geographic-specific goals, policies, and land and water use maps intended to: 1) implement applicable baywide policies; 2) create development requirements tailored to the unique characteristics of each Planning District; and 3) implement the land and water use designations within those geographic areas. The draft policies for each Planning District will build on the corresponding goals and will be more granular in nature than the baywide element policies. The draft policies, both baywide- and Planning District-level will be available for the Board and public’s review during the Discussion Draft PMPU review period.
2017 PMPU Board Workshops
PMPU Baywide Elements and Planning District Goals: The first in a series of Board workshops on the draft PMPU was held on March 9, 2017. Workshop No. 1 focused on the proposed organizational structure of the updated Port Master Plan, the proposed consolidated land and water use designations, and the draft goals for the Land and Water Use Element.
Board Workshop No. 2 was held on April 27, 2017, and concentrated on draft goals for the Mobility Element, draft goals for the Economic Development Element, and draft goals and draft land and water use maps for the ten Planning Districts.
On May 25, 2017, during Workshop No. 3 draft goals for the Resiliency and Safety Element, draft goals for the Natural Resources Element, and draft goals for the Coastal Access and Recreation Element, were discussed. Staff also presented preliminary draft PMPU baywide recreation open space acreage allocations.
Staff received considerable feedback from the public, stakeholders, and Board during these workshops, which is being taken into account as the drafting of the PMPU continues. Notably, completion of these three workshops resulted in clear direction to staff on all the draft PMPU goals, which set the stage and context for the current policy discussions. Furthermore, as often mentioned during these workshops, drafting of PMPU materials discussed is iterative and the document will continue to be revised as staff receives public, stakeholder, and Board feedback.
PMPU Policy Concepts and Land and Water Use Maps: Based on the Integrated Planning Vision, including the Guiding Principles and Framework Report, and the draft PMPU Goals for the baywide elements and Planning Districts, staff presented draft policy concepts to illustrate strategies and priorities, as well as open space and development character, that may take the form of draft policy language to be contained within the PMPU.
Policy concepts for each of the baywide elements were presented to the Board on August 8 and November 14, 2017. In August, the Mobility, Economic Development, Resiliency and Safety, and Natural Resources elements were presented and discussed. The Land and Water Use and Coastal Access and Recreation elements were presented in November. Work on each baywide element and associated policy concepts have been used to inform preparation of policy concepts and maps for the Planning District components of the draft PMPU.
On November 17, 2017, the Board held a workshop focusing on the Coronado Bayfront, Silver Strand, Imperial Beach Oceanfront and South Bay Planning Districts. The National City Bayfront and Working Waterfront Planning Districts, as well as the Chula Vista Bayfront, Harbor Island and Shelter Island Planning Districts, were discussed during workshops held on December 5, 2017 and December 12, 2017, respectively. During those workshops, the Board heard feedback from the public and stakeholders regarding issues specific to each of these areas, and provided guidance to staff for drafting of the PMPU policies and land and water use maps.
PMPU Additional Policy Topic Discussions
Through the course of the PMPU workshops focusing on baywide and planning district policy concepts, several policy topics were noted for needing additional discussion and feedback to assist the team with completing the Discussion Draft of the PMPU. Over the coming months, staff will be bringing these discussions in batches to the Board. This item represents the first in those discussions.
Consideration of Paid Advertising in Specific Applications
One of these policy topics raised on previous occasions involves the subject of paid advertising and its allowance in specific situations or formats. As described below, staff will present research on other coastal zone and non-coastal zone jurisdictions, market research and questions for the Board to consider and discuss so that staff may receive guidance and direction for advancing policies related to this topic.
After this initial discussion with the Board, it is likely that additional work and/or research may be needed, if direction is provided to staff to pursue some of the parameters presented for consideration. The team could return with additional details for the application of potential parameters to be considered by the Board. In addition, there may be a future need to address specific definitions for what is considered “off-site/off-premise signage (paid advertising)”, as well as to establish regulations to consider for “on-site/on-premise signage.” as well as amend the District’s Tenant Signage Guidelines to align with the policy direction provided by the Board.
Referenced below are Board policies and documents that have been historically relied upon for authorizing signage on District tidelands that may be relevant to this discussion:
• Board Policy No. 357, Approval of Tenant Project Plans (Attachment B)
• Board Policy No. 770, Display Signs for Lessees and Tenants (Attachment C)
• Article 8 of the San Diego Unified Port District Code (Port Code) to add Section 8.32 (see discussion, below)
• Port Master Plan
The issue of advertising in the coastal zone has been subject to a range of public opinion. This is largely due to the subjective nature of assessing impacts to aesthetic and visual resources. Currently, the Port Master Plan does not expressly address on-site or off-site paid advertising when it discusses signage. It does allow for directional and informational signage on promenades. Also, the Port Master Plan does state: “[p]ermitted uses for all Port District tidelands are identified in terms of the land and water use designations, which are defined in the Master Plan document. Although specific uses have been listed, the intent is to indicate compatible use groups. Specific uses that are currently not listed may be included in a use group if similar in character and compatible.” This language has been interpreted as allowing paid advertising provided it is consistent and compatible with the underlying use and/or character of the use.
A notable example of paid advertising on District tidelands has been in association with San Diego Comic-Con International (Comic-Con), a large event in an urban setting that generates visitors world-wide. Comic-Con, an international multi-genre entertainment and comic convention held annually in San Diego, draws hundreds of thousands of visitors to the area and activates the region. Events and displays are held at the park adjacent to the Hilton San Diego Bayfront and San Diego Convention Center, the Gaslamp Quarters, and many of the surrounding hotels and on other parts of tidelands (see Attachment D, Examples of Visual Quality During Comic-Con). Large wall signage (also referred to as building wraps), ranging from approximately 1,600 square feet to 45,000 square feet, are typically displayed in association with this event (see additional discussion below).
In an effort to objectively evaluate the public’s perception of advertising in this application, a third-party research agency, Luth Research, was hired by the District to gauge public opinion of building wraps. The Phase I portion of the research conducted during Comic-Con concluded both residents and tourists like the building wraps and feel they contribute to a fun experience during the event. The research conducted during Phase II, when no special events were occurring, concluded there was positive support for building wraps generally, with many of those surveyed that felt allowing them at all times and on 10 or more buildings at once would contribute to a vibrant city experience. This information is included as Attachment E (Building Wrap Research, Luth Research, July-August 2017).
The California Coastal Act and Coastal Commission Actions
In preparation for this agenda item, staff conducted research on signage regulations internationally, nationally, and statewide. For California, the research includes both coastal zone and non-coastal zone jurisdictions. Overall, staff found that almost every municipality had at least some parameters associated with the location, look, or size of signage and/or advertising. To date, staff found that there are no instances where advertising is permitted within the coastal zone; however, it has been a topic of discussion at the Coastal Commission. Staff could only find examples where the Coastal Commission has prohibited advertising in the coastal zone through Local Coastal Program (LCP) Amendments (e.g., City of Oceanside, City of Carlsbad). In these instances, as well as other instances throughout the coastal zone, the Coastal Commission has cited Section 30251 of the Coastal Act as the reason for denial. Section 30251 is as follows:
The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.
Included for reference is a summary table, Staff Survey of Sign Regulations, which includes research of some California jurisdictions’ regulations of signage and advertising -within both coastal zone and non-coastal zone areas (see Attachment F).
A. Building Wraps within an Advertising District
Background: Since 2010, building wraps or what sometimes are called wall signs or super graphics have been a feature on buildings that are located on District tidelands in the vicinity of the San Diego Convention Center, such as the Hilton San Diego Bayfront, San Diego Marriott Marquis & Marina, and the District-owned parking garage adjacent to the Convention Center, on the corner of Park Boulevard and Harbor Drive. These building wraps have been mostly displayed during major events such as Comic-Con or the Major League Baseball All-Star Game. For the 2017 Comic-Con, building wraps were placed on the District-owned parking garage adjacent to the Convention Center, Hilton San Diego Bayfront, and San Diego Marriott Marquis & Marina. For these building wraps, the District received a total of $231,400 in revenue, which consisted of $196,000 at the parking garage, and $35,400 (20% of the tenant’s revenue) for percentage rent for the building wraps placed at the Hilton San Diego Bayfront and the San Diego Marriott Marquis & Marina. On average, the building wraps during Comin-Con are up approximately 8.5-days and are not illuminated.
Since their original placement during the 2010 Comic-Con, the market has continued to demand more signage in highly populated and visible areas, such as the hotels and parking areas around the San Diego Convention Center and other areas of the Embarcadero, and as the popularity of events, such as Comic-Con, Red Bull Air Races, and San Diego Symphony’s Bayside Summer Nights, within the District’s jurisdiction has increased, the need to have a streamlined discretionary process for these building wraps was apparent. As a result, in May 2017, the Board adopted Ordinance 28912 amending Article 8 of the San Diego Unified Port District Code (Port Code) to add Section 8.32 to regulate building wrap signage in the Embarcadero area of District tidelands. Historically, building wraps have been approved by District staff as tenant projects through Board Policy No. 357, Board Policy No. 770, and the District’s Tenant Signage Guidelines, and treated as a use not addressed by a lease for purpose of payment to the District, which typically is 20%. Because of the sunset of the ordinance in June 2018 and the date of Comic-Con in July after expiration of the ordinance, this year’s Comic-Con building wraps placed by tenants were also processed under Board Policy No. 357 as Category 1 Projects not requiring District approval. The building wraps for the District-owned parking garage adjacent to the Convention Center during the upcoming 2018 Comic-Con were processed through a CEQA exemption and Coastal Act exclusion in March 2018. The exclusion was not appealed.
The regulations set forth in Ordinance 2891 and Section 8.32 were drafted to be content-neutral and were to be administered through a license agreement, which would only be entered into with the applicant following the District’s discretionary review and approval of a building wrap application pursuant to Board Policy No. 357. Since Ordinance 2891 and Section 8.32 took effect, one application was received from Felcor Asset Company, LLC dba Wyndham San Diego Bayside (Wyndham) on July 18, 2017 to install a temporary, vinyl building wrap two towers of the Wyndham Bayside Hotel building located on District property at 1355 North Harbor Drive. However, the Wyndham subsequently withdrew its application for the building wraps after the Coastal Commission threatened to appeal the Coastal Act exclusion. Since then, no other applications have been received by the District for building wraps in the Embarcadero under the ordinance. Despite the limited applications received for building wraps in the Embarcadero (perhaps due to the Coastal Commission’s reaction to the Wyndham proposal), tenants have continued to express an interest in building wraps as an additional form of revenue and to promote events occurring within the buildings that qualify for building wraps, pursuant to Ordinance 2891 and Section 8.32 of the Port Code.
However, for this agenda item, the focus is on a policy discussion related to the PMPU and not the ordinance, which is a separate agenda item.
Topics for Discussion: As discussed above, building wraps have been allowed on tidelands, but staff believes that it would be prudent to have the Board decide whether to add more details in the PMPU, which would foster transparency.
With respect to building wraps and the research conducted by staff of comparable California agencies’ regulations, there are no clear examples of existing and successful advertising districts within the coastal zone. However, some of the regulations from the surveyed jurisdictions could be used as models when considering parameters that may be helpful to address potential impacts to coastal and visual resources and to ensure controls and restrictions are in place to maintain the vision of San Diego Bay intended by the Board and the community. The options to be considered for regulating building wraps are limited to:
• Allowed,
• Not allowed, or
• Consider a hybrid approach to allow building wraps with parameters.
The questions listed below are intended to assist the Board in the consideration of parameters that could be applied to the allowance of building wraps within an identified advertising district under a hybrid approach.
1. Should an Advertising District be established for building wraps?
The identification of an advertising district in the PMPU that limits paid advertising in the form of building wraps to a specific geographic boundary would establish focused areas for where these types of activities could occur. Staff is presenting three options for consideration, or potential combinations of these options, for a district for this purpose:
• North Bay (including Shelter Island, Harbor Island and Embarcadero Planning Districts)
• Embarcadero Planning District only
• South Embarcadero Sub-District only
2. Should paid advertising in building wrap formats be allowed only under certain parameters?
a. Prescriptive limitations: These parameters could be considered individually or in combination as potential methods for controlling the time, place and manner of advertising through regulations addressing the amount, size and location of building wraps within an identified advertising district.
• Should building wrap size and placement be restricted?
Pursuant to section 30251 of the California Coastal Act, scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. In order to reduce or avoid potential impacts to coastal areas, size and placement of building wraps within an identified advertising district could be subject to parameters that avoid siting within view extension corridors as identified by the PMPU land and water use maps. In addition, siting of building wraps could be restricted to avoid visibility from water areas. These are just a few examples.
• Should building wraps be limited to a specified maximum duration?
One form of regulating building wraps to consider is limiting the duration of the paid advertisement to a maximum timeframe. Timeframes could be established by days, weeks, months, or seasonal limitations (e.g., summer, holidays).
• Should building wrap visibility be allowed at nighttime (should the District allow for illumination)?
Building wrap technology is evolving in a manner that allows for nighttime illumination beyond daytime hours. Staff is seeking the Board’s feedback regarding illuminated building wraps that would allow for visibility at nighttime. Current technology allows for internal, up-lit or down-lit lighting systems.
b. Permissive limitations: In contrast to the prescriptive limitations described above, another consideration could be to limit building wraps within an identified advertising district to only occur during or in association with size-based events. For example, a potential parameter that could take the form of a future policy would be to limit paid advertising building wraps within an identified advertising district to take place when proposed in conjunction with a large event generating national or world-wide attention (e.g., attendance levels of 50,000 persons or more). Such an approach would essentially allow for the continuation of the activities that have historically occurred during events like Comic-Con or Major League Baseball All-Star Game.
B. Digital Informational and Wayfinding Signage
Background: At the May 8, 2018 Board meeting, the Board authorized a one-year agreement with RSM Design for strategic planning services related to the District’s Baywide Informational & Wayfinding Signage Program (Signage Program), which includes all District signage across tidelands; including iconic, monument, wayfinding, rule, and experiential signage. Under this agreement, RSM Design will work with a cross-departmental District team to develop a detailed strategic plan which will include a technical analysis, community and stakeholder outreach, sign concept design, design guide, location guide, production and installation specifications, and a long-term integration plan. The strategic plan will establish recommendations such as placement, size, and scale (e.g., human scale environment to ensure the objects we interact with every day are of a size and shape that is reasonable for an average person to use at the distance from which they are placed) for District signage baywide.
As part of a baywide informational and wayfinding system, staff is seeking direction from the Board that informational and wayfinding signage in digital formats is desired so that policy language can be drafted for the PMPU if such direction is given. Digital sign formats, which may also be referred to as electronic signage, means a sign that utilizes computer-generated message or other electric means of display or changing copy/text. Digital signage is distinctly different from “static” signage in that the latter presents permanent copy that is not electronic or does not change with an automated frequency. Digital signage is not synonymous with illuminated signage.
Topics for Discussion:
1. Should the Baywide Informational and Wayfinding Signage Program allow for digital signage formats?
2. If the Board is supportive of digital informational and wayfinding signage, should off-site/off-premise, paid advertising content be allowed on aforementioned signage with parameters?
In the event the Board provides feedback that is supportive of digital signage formats of informational and wayfinding, staff is seeking direction regarding the allowance of paid advertising content within digital signage. Consideration of advertising on these formats could include parameters limiting the size, amount or duration of paid content displayed on this type of signage.
It should be noted that the Baywide Informational and Wayfinding Signage Program presently being established by Marketing and Communications does not provide for paid advertising content on static signage proposed under this program.
Next Steps
Additional PMPU Policy Topic Discussions: Staff plans to return to the Board at future meetings for the remainder of the year, along with a workshop likely to be scheduled in the fall, to complete the additional policy discussions on the following topics:
• Public-Private Piers
• Approach to Sea Level Rise
• Follow up on Commercial Fishing related policies
• Mobility Framework discussion
• Follow up specific to the Embarcadero Planning District
• User’s Guide Policies
Public Review of PMPU Discussion Draft: After the conclusion of the Additional Policy Topic Discussions with the Board, staff will complete the Discussion Draft PMPU. The Discussion Draft PMPU will be made available for a 45-day review period to provide the Board and the public an opportunity to review the entire draft PMPU document, including the introduction, element goals and policies, and Planning Districts, in a holistic manner. Note that written comments received on the Discussion Draft will be transmitted to the Board and reviewed by the PMPU team. These public comments and Board feedback may result in revisions to the Draft PMPU, which will form the project description for the PMPU Draft PEIR.
PMPU PEIR Project Description: After the completion of the Discussion Draft public review period, staff plans to provide an overview presentation on the updated Draft PMPU based on public review comments and Board input to date. Staff will also request the Board’s direction to use the Draft PMPU as the project description for the PEIR to be prepared for the PMPU pursuant CEQA.
CEQA and Coastal Commission Processing: As a part of the environmental review process, it is anticipated the Draft PEIR will be circulated for public review in fall of 2019 with the Board’s targeted consideration of the certification of the Final PEIR and approval of the PMPU in spring of 2020. Processing of the PMPU with the California Coastal Commission is expected to take place through the remainder of 2020.
As these anticipated milestones are dependent upon the direction received by the Board and the volume and complexity of comments received, the timeline may require adjustment as the PMPU process progresses.
Upcoming Public Engagement Events: District staff is planning a Public Open House event to occur later this summer. Attachment G, the PMPU Public Engagement Timeline and Drafting Process, depicts PMPU public engagement events as well as anticipated milestones for the completion of the PMPU.
On-going Stakeholder and Agency Involvement: Throughout the planning process, the PMPU team has held, and will continue to hold, targeted stakeholder and agency meetings to gain feedback on the District’s balanced approach to planning and policy development. The PMPU team has met on regular intervals to discuss the draft PMPU with internal District subject matter experts and staff from several local and regional agencies, including adjacent jurisdictions. Staff will continue proactive engagement with the Board, stakeholders, and the public as a way to advance a well-informed plan and to keep the PMPU on track; although, planning processes are not always predictable. As such, staff will keep the Board informed of any new or unanticipated issues as they arise, along with necessary updates or adjustments to the work plan.
General Counsel’s Comments:
The General Counsel’s Office has reviewed the agenda sheet and attachments as presented to it and approves them as to form and legality.
Environmental Review:
This item provides a presentation on the policy concepts related to small and large format advertising. This presentation is informational in nature and is intended to give staff initial and preliminary feedback on the topics being presented. The item and any Board feedback do not constitute an “approval” or a “project” under the definitions set forth in CEQA Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. While the Board may request certain policy concepts, uses and other project components be included, alternatives studied or other direction, such direction to staff will not bind the District to a definite course of action prior to CEQA review. Additionally, Board endorsement of the policy concepts presented does not constitute a binding commitment to approve the PMPU or its contents prior to consideration of the PEIR. These components may be altered through the public engagement process, future Board feedback, and the CEQA process. Full CEQA analysis will be completed prior to the District’s commitment to the PMPU of components thereof, in whole or in part. Moreover, the Board reserves its discretion to adopt any and all feasible mitigation measures, alternatives to the PMPU, including a no project alternative, a statement of overriding consideration, if applicable, and approve or disapprove the PMPU. Those decisions may be exercised in the sole and absolute discretion of the Board. Based on the totality of the circumstances and the entire record, the Board’s direction and action do not commit the District to a definite course of action prior to CEQA review being conducted. Therefore, no further CEQA review is required.
In addition, this informational report allows for the District to implement its obligations under the Port Act and/or other laws. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, this informational report is consistent with the Public Trust Doctrine.
Finally, this informational report to the Board does not allow for “development,” as defined in Section 30106 of the Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s CDP Regulations because it will not result in, without limitation, a physical change, change in use or increase the intensity of uses. Therefore, issuance of a CDP or exclusion is not required. However, the District’s projects require processing under the District’s CDP Regulations. If a project is formulated as a result of the informational report, the Board will consider approval of the project and any improvements associated after the appropriate documentation under District’s CDP Regulations has been completed and authorized by the Board, if necessary. The Board’s direction in no way limits the exercise of the District’s discretion under the District’s CDP Regulations.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Lesley Nishihira
Director, Planning
Anna Buzaitis
Program Manager, Planning
Attachments:
Attachment A: Preliminary Draft Staff Presentation for June 12, 2018 Board Meeting Agenda File No. 2018-0168
Attachment B: Board Policy No. 357, Approval of Tenant Project Plans
Attachment C: Board Policy No. 770, Display Signs for Lessees and Tenants
Attachment D: Examples of Visual Quality During Comic-Con
Attachment E: Building Wrap Research, Luth Research, July-August 2017
Attachment F: Staff Survey of Sign Regulations
Attachment G: Port Master Plan Update Public Engagement Timeline and Drafting Process