Meeting_Body
PLANNING AND PROGRAMMING COMMITTEE
JANUARY 18, 2023
Subject
SUBJECT: TRANSPORTATION COMMUNICATION NETWORK ENVIRONMENTAL IMPACT REPORT
Action
ACTION: APPROVE RECOMMENDATIONS
Heading
RECOMMENDATION
Title
CONSIDER:
A. APPROVING the Transportation Communication Network (TCN) Project;
B. CERTIFYING, in accordance with the California Environmental Quality Act (CEQA), the Final Environmental Impact Report (Final EIR) for the Transportation Communication Network, if the Board concludes that it satisfies the requirements of CEQA and reflects the Board’s independent judgment following CEQA Guidelines, section 15090;
C. ADOPTING, in accordance with CEQA, the:
1. Findings of Fact;
2. Mitigation Monitoring and Reporting Program; and
D. AUTHORIZING the Chief Executive Officer to file a Notice of Determination with the Los Angeles County Clerk and the State of California Clearinghouse.
Issue
ISSUE
The Metro Transportation Communication Network (TCN) Project proposes a network of transportation communication digital displays that will promote efficient roadways, increase public transit ridership, improve public safety, and provide revenue generation for transportation programs. Metro, as the Lead Agency, prepared and circulated for public comment a Draft Environmental Impact Report (Draft EIR). The public comment period closed on October 24, 2022. The Final EIR, Findings of Fact and Mitigation Monitoring and Reporting program are located at www.metro.net/tcn <http://www.metro.net/tcn>. Staff is recommending the Board adopt and certify the Final EIR.
Background
BACKGROUND
Real Estate, ITS, Communications and Metro’s partner, Allvision, have been collaborating to implement a network of transportation communication digital displays that will promote efficient roadways, increase public transit ridership, improve public safety, and provide revenue generation for transportation programs. The desired outcome is to create a comprehensive communication network. The locations of the proposed TCN Structures include 33 freeway-facing and 20 non-freeway-facing locations within the City of Los Angeles (City) (see Attachment A).
Pursuant to Board Action (File# 2021-0062) on March 24, 2021, Metro staff and County Counsel negotiated a Memorandum of Agreement (MOA) with the City for the Metro TCN on Metro property within the City of Los Angeles. The City Council approved the MOA on December 16, 2021, and it was executed on January 12, 2022.
Metro is the Lead Agency for CEQA, and the City is a Responsible Agency. On April 18, 2022, Metro issued a Notice of Preparation (NOP) to commence the formal process for the EIR. The Draft EIR was circulated for public comment from September 9, 2022, to October 24, 2022.
Discussion
DISCUSSION
California Environmental Quality Act (CEQA)
As the Lead Agency, Metro prepared the “Transportation Communication Network” EIR in accordance with CEQA (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines.
Project Analyzed Under the EIR
Metro proposes to implement the TCN Program which would provide a network of TCN Structures that would incorporate intelligent technology components to promote roadway efficiency, improve public safety, augment Metro’s communication capacity, provide for outdoor advertising where revenues would fund new and expanded transportation programs consistent with the goals of the Metro 2028 Vision Plan, and result in an overall reduction in static signage displays throughout the City. Implementation of the Project will include the installation of up to 33 Freeway-Facing TCN Structures and 20 Non-Freeway Facing TCN Structures all on Metro-owned property (see Attachment A). The total maximum amount of digital signage associated with the TCN Structures would be up to approximately 53,000 square feet.
As part of the TCN Program, a take-down component would be implemented including the removal of at least 110,000 square feet (2 to 1 square footage take-down ratio) of existing off-premises static displays. Signage to be removed would include, at a minimum, approximately 200 off-premises static displays located within the City of Los Angeles.
As part of the Project, the City must amend the City’s sign regulations in Chapter I of the Los Angeles Municipal Code (LAMC) to create a mechanism to review and approve the TCN Structures Zoning Ordinance and associated static display take-down program.
The site locations for the TCN Structures are located within property owned and operated by Metro along freeways and major streets within the City. Most of the Site Locations are located on vacant land with limited vegetation and are generally inaccessible to the public. The Site locations for the TCN Structures are generally designated and zoned as commercial, public facilities, and manufacturing uses. None of the site locations are zoned for residential use.
Project Objectives
In accordance with Section 15124(b) of the CEQA Guidelines, the following objectives were identified in the EIR:
• Incorporate features for real-time data collection to aid in traffic signal timing, micro-transit data, and Metro vanpool on-demand services.
• Geographically space the multifunctional TCN Structures to expand Metro’s transportation public messaging network and ability to broadcast information to commuters in a variety of ways to further increase Metro’s visibility and accessibility for all commuters.
• Improve public safety by notifying the public of roadway improvements, road hazards, Earthquake Early Warning System notifications, Amber Alerts, and emergency situations.
• Maximize efficiency of the congested road network by promoting public awareness of travel alternatives based on geography and time constraints such as alternative routes, carpooling alternatives, and public transportation opportunities.
• Maximize advertising revenue that would be utilized by both Metro and the City to fund new and expanded transportation programs that would further Goal 2 of the Metro Vision 2028 Strategic Plan by creating a funding source for programs to enhance experiences for all Metro users such as improving security and increasing customer satisfaction.
• Implement Goal 4 of the Metro Vision 2028 Strategic Plan by creating an avenue for regional collaboration and comprehensive, timely, and real-time information sharing across government agencies to regionally improve traffic and transportation systems.
• Reduce overall square footage of existing static off-premise displays within the City of Los Angeles.
• Locate the TCN Structures at sites, elevations, and angles that would not increase distraction to motorists while still efficiently relaying information to commuters.
Notice of Preparation, Scoping Meeting, and AB52 Consultation
On April 18, 2022, a Notice of Preparation (NOP) was published, which included an Initial Study determining that a Draft EIR would be needed to evaluate potentially significant impacts to: Aesthetics, Air Quality, Biological Resources, Cultural and Historic Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Land Use and Planning, Noise, Transportation, Tribal Cultural Resources, and Utilities and Service Systems.
Two virtual scoping meetings were held on Thursday, May 19, 2022, at 5:00 pm and Saturday, May 21, 2022, at 10:00 am. Following the scoping sessions, the scoping comment period was open for 45 days (versus the minimum required 30 days). In addition to the required public agency notifications, public notifications were placed in the Los Angeles Times, a digital/internet marketing effort was focused on areas around each location, and 17,247 postcards, which included the scoping meeting information, were mailed to all properties within a 750-foot radius around each location. During the scoping period, LACMTA received six (6) comments/responses from the public and government agencies. The NOP and details of the scoping meetings can be found at the project website: www.metro.net/TCN <http://www.metro.net/TCN>
As part of the CEQA process, Assembly Bill 52 (2014) requires Lead Agencies to follow certain procedures to consult with Native American tribes that are traditionally and culturally affiliated with the area of a proposed project to identify and address potential adverse impacts to tribal cultural resources. Pursuant to AB 52, staff initiated the tribal consultation process in May 2022 and continued through October 2022Metro received comments from the Gabrielino Band of Mission Indians - Kizh Nation, the Gabrielino Tongva Indians of California, the Gabrielino Tongva Tribe, and the Santa Ynez Band of Chumash Indians. Consultations were held via meetings and correspondence in July and August 2022 and continued through the Draft EIR public comment period. Metro completed the consultation process with preparation of responses to comments on the Draft EIR.
Notice of Availability of the Draft EIR and Public Comment
The Notice of Availability (NOA) of the Draft EIR was circulated for public comment from September 9, 2022, to October 24, 2022. The NOA was mailed to 17,247 mailboxes consisting of residents, property owners, and business owners within a 750-foot radius around each location. Additionally, a legal ad containing the NOA was placed in the Los Angeles Times on September 9, 2022.
As the lead agency, Metro conducted virtual community meetings on October 6 and 7, 2022, to accept public comments on the Draft EIR. In general, comments received during the Draft EIR public comment period and at the community meetings consisted of concerns regarding the proposed takedown ratio of existing static displays to the installation of digital displays, traffic safety, advertising content, and potential lighting impacts to environmentally sensitive resources and residences.
In addressing the takedown ratio, the EIR allows for a takedown ratio of at least 2 to 1 square feet of static displays, however, the final takedown ratio will be determined as part of the City’s consideration of the ordinance.
Regarding traffic safety, the Federal Highway Administration conducted an independent investigation (Driver Visual Behavior in the Presence of Commercial Electronic Variable Message Signs (CEVMS), 2012) on the effect of digital displays on drivers. In summary, the study found that drivers still dedicated their visual attention to driving, with minimal fixations on CEVMS, billboards, and/or other objects.
Regarding advertising content, the Project would adhere to Metro’s System Advertising Content Restrictions which prohibits the advertisement of alcohol, smoking, and cannabis, as well as any content containing violence, obscenities, and other related subject matters.
Regarding lighting impacts, a project design feature has been incorporated into the Project that requires state of the art louvers or other equivalent design features to be incorporated into the design of TCN Structures FF-13, FF-14, FF-25, and FF-30 such that the light trespass illuminance at sensitive habitat at the proposed Bowtie State Park, at the mapped biological resources in the vicinity of TCN Structure FF-25, and at the Ballona Wildlife Reserve to the south of the Marina Freeway, west of Culver Boulevard, does not exceed 0.02 footcandles. In addition, the proposed TCN Structure FF-29, located near the Ballona Wildlife Reserve has been removed from the staff-recommended Project, along with two other signs.
Because Metro will own the TCN Structures, Metro has control over all advertising content, lighting, and can choose to remove TCN Structures at any time.
Several comments in support of the project were also received from members of the public, specifically supporting the reduction and replacement of static displays with digital displays to generate revenue for public transportation improvements.
Agency comment letters on the Draft EIR were received from four (4) agencies including California Department of Transportation (Caltrans), South Coast Air Quality Management District, Los Angeles County Fire, and Los Angeles County Sheriff’s Department. Specifically, comments from Caltrans acknowledged that the TCN Structures would be compliant with all Caltrans regulations regarding the placement of outdoor advertisement displays visible from California highways.
The community outreach program conducted a thorough and meaningful outreach to City of Los Angeles residents and businesses. This ensured that residents, business owners, neighborhood groups, and others had adequate and comprehensive opportunities to understand the program, ask questions about it, and provide their feedback. Key stakeholder groups such as neighborhood councils, business organizations, community-based organizations, transportation organizations, and the Los Angeles/Orange Counties Building and Construction Trades Council.
In addition to soliciting feedback virtually through surveys, Allvision engaged in a digital outreach effort that utilized social media, search, and geo-fenced targeting that provided opportunities for feedback and ensured awareness of virtual and in-person community meetings. An additional email was released the last week in September reminding the public of the comment period.
Draft EIR Analysis
Below is a list of some of the key determinations that were included in the Draft EIR analysis. The Draft EIR Project Description included three Site Locations in addition to the Site Locations staff recommends for approval. The Project’s impacts will therefore be slightly less than reported in the Draft EIR:
• Impacts Considered Less than Significant: The Initial Study determined that the Project had the potential to result in significant impacts to a number of CEQA resource areas. However, upon further examination, the Draft EIR found that the Project would result in a “less than significant” impact with no mitigation required for: Air Quality, Energy, Geology and Soils, Greenhouse Gas Emissions, Transportation, and Electric Power.
• Impacts Considered Less than Significant with Mitigation Measures Incorporated: The Draft EIR found that impacts to Biological Resources, Archaeological Resources, Paleontological Resources, Hazards, and Hazardous Materials, Noise, and Tribal Cultural Resources would be reduced to a “Less Than Significant Level” with mitigation measures incorporated. With the mitigation measures identified in the EIR, the Project was found to be less than significant in these CEQA resource areas.
• Impacts Considered Significant and Unavoidable: The Draft EIR found that the Project would have “Significant and Unavoidable” environmental impacts related to a subset of the TCN Structures for the following resource areas: Aesthetics, Historical Resources, and Land Use and Planning. Specifically, the Project would be inconsistent with the goals and policies of the Central City North, Central City, and North Hollywood-Valley Village Community Plans regarding historic resources and visual impacts at four of the Site Locations (Site Locations NFF-2, NFF-3, NFF-16, and NFF-21) and would result in significant impacts associated with views, visual character, and setting of historical resources. Additionally, the Project would also be inconsistent with Palms - Mar Vista - Del Rey Community Plan policies regarding placement of off-site premises signs within the coastal area (relative to Site Locations FF 29, which is not currently proposed as part of the Project, and FF 30). Review of potential measures to reduce the Project’s significant impacts, such as modification to the size and height of the signs was considered. However, such modifications would not materially reduce these impacts. Rather, the primary way to substantially reduce these impacts would be to eliminate or relocate the subset of the Site Locations that are associated with these significant and unavoidable impacts. The EIR included Alternatives that would eliminate the significant and unavoidable impacts.
Alternatives
The EIR analyzed the following three alternatives:
• Alternative 1, No Project Alternative: Alternative 1 assumes that the Project would not be approved, no new permanent development would occur within the Site Locations, and the existing environment would be maintained. No existing static signs would be removed. Thus, the physical conditions of the Site Locations would generally remain as they are today. No new construction would occur. Further, no revenue would be generated from the Project to fund new and expanded transportation programs.
• Alternative 2, Elimination of Impacts Relating to Historical Resources: Alternative 2 would eliminate TCN Structures at Site Locations NFF-2, NFF-3, NFF-16, and NFF-21 proposed by the Project. The remaining 52 TCN Structures would be proposed under this alternative. As with the Project, Alternative 2 would provide for an overall reduction in static displays (at least a 2 to 1 square footage take-down ratio), throughout the City. Impacts to historical resources and the related aesthetic and land use impacts associated with Site Locations NFF-2, NFF-3, NFF-16, and NFF-21 would be eliminated. As with the proposed Project, under Alternative 2, the City would establish a Zoning Ordinance that would provide a mechanism to review and approve the TCN Structures citywide.
• Alternative 3, Elimination of All Project Significant and Unavoidable Impacts: Alternative 3 assumes that the Project would eliminate Site Locations NFF-2, NFF-3, NFF-16, and NFF-21, as well as eliminate or relocate FF-29 and FF-30 outside of the coastal area of the Palms-Mar Vista-Del Rey Community Plan. The remaining 50 TCN Structures would be proposed under this alternative. As with the Project, Alternative 3 would provide for an overall reduction in static displays (at least a 2 to 1 square footage take-down ratio), throughout the City. Impacts to aesthetics, historic resources, and land use would be eliminated. As with the Project, under Alternative 3 the City would establish a Zoning Ordinance that would provide a mechanism to review and approve the TCN Structures citywide.
As part of its consideration of the CEQA Findings of Fact for the TCN Program, the Board will determine whether the Alternatives are feasible, which will include an evaluation of whether and how each Alternative would fulfill the Project Objectives described above. The No Project Alternative would not fulfill any of the Project Objectives.
Alternatives 2 and 3 would fulfill some of the Project Objectives, but substantially less effective than the Project. Because the fundamental nature of the Project is to create a network of locations that can both collect transportation data and disseminate transportation-related information to the public, reducing the number of TCN locations will reduce the overall effectiveness of the Project. Fewer TCN Site Locations would result in reduced real-time data collection to aid in signal timing, micro-transit data, and Metro vanpool on demand services at the same time, Alternatives 2 and 3 would result in fewer people having access to public safety notifications provided by the TCN Program. Alternatives 2 and 3 would reduce funding for new and expanded transportation programs.
Staff therefore, recommends the Board approve the full Project as described in Exhibit B, Finding of Facts.
City of Los Angeles Ordinance
The TCN Program is contingent on the adoption of a Zoning Ordinance by the City. The proposed Zoning Ordinance would amend the City’s sign regulations in Chapter I of the LAMC to authorize the TCN Structures. On June 28, 2022, the City Council passed the motion to draft the ordinance.
The proposed Zoning Ordinance would create a mechanism for the review and approval of the TCN Structures; would not authorize new signage other than the TCN Structures; and would address the time, manner, and place aspects of the TCN Program, including the allowable locations, size and height limitations, urban design requirements, and applicable community benefits including take-down requirements for the removal of existing static off-premises signs.
The proposed Zoning Ordinance would not otherwise change the existing regulations for signs, including off-site and digital signage, in the City. Based on the above, the anticipated development from the Zoning Ordinance would be limited to the 53 TCN Structures as depicted in Attachment A, as well as the take-down of approximately 200 static displays located within the City.
The adoption of a Zoning Ordinance includes the drafting of said ordinance, a public hearing, review, and recommendation by the City’s Planning Commission, and consideration and adoption by the City Council.
Financial_Impact
FINANCIAL IMPACT
The TCN will generate additional revenue for public transportation purposes. No capital expenditure by Metro is required. Metro’s partner, Allvision, is responsible for the upfront costs of the CEQA process, which will then be reimbursed from the future revenue stream, if the network is approved.
Until the Board and the City take final action on the project, the precise number of structures is not certain. Rough order of magnitude revenue estimates is between $300-$500 million over the initial 20-year term.
Impact to Budget
There is no impact to the Budget.
Equity_Platform
EQUITY PLATFORM
Communities have struggled with the blight of static billboards, which more often plague underserved communities and communities of color. The TCN will help reduce blight and readjust this imbalance by removing approximately 200 static sign faces located on 82 Metro-owned properties within the City. The 82 locations that will be part of the take down program include 47 properties (or 57% of all take downs) within Equity Focus Communities (EFCs). Whereas only 17 (32%) of the 53 proposed TCN Structure locations are in EFCs.
The MOA stipulates that the use of funds by the City be directed toward improving transportation, including projects that are consistent with Metro’s Vision 2028 Plan and complement existing City goals. The MOA also notes that projects may include those that promote pedestrian and cyclist safety in the general vicinity of transit stops and that benefit bus riders in the City, with a focus on low-income, persons of color in Metro’s defined EFCs. Bus ridership in Los Angeles is disproportionately low-income (median income of under $18,000), Latinx, Black, or Indigenous, and essential service workers.
Implementation_of_Strategic_Plan_Goals
IMPLEMENTATION OF STRATEGIC PLAN GOALS
The TCN will yield enhanced communication and support, as well as revenues, resulting in:
• Goal 1: High quality mobility options for all
• Goal 3: Enhancing communities and lives
• Goal 4: Transform LA County through collaboration and leadership.
Next_Steps
NEXT STEPS
If the Metro board certifies the EIR and approves the Project, the City will consider the adoption of an ordinance that would amend the LAMC to authorize the TCN Structures. As part of that process, Metro in partnership with the City will continue community outreach on the proposed ordinance.
The outdoor advertising companies will be engaged to discuss potential additional takedowns within the City.
Attachments
ATTACHMENTS
Attachment A - Locations
Attachment B - Findings of Fact
Attachment C - Mitigation Monitoring and Reporting Program
Attachment D - Notice of Determination
Prepared by: John Potts, Executive Officer, Real Estate (213) 928-3397
Holly Rockwell, Senior Executive Officer, Real Estate and Transit Oriented Communities, (213) 922-5585
Reviewed by: James de la Loza, Chief Planning Officer, (213) 922-2920
