HomeMy WebLinkAbout04 BILLBOARD SIGNS AGENDA REPORT
ITEM #4
MEETING DATE: DECEMBER 10, 2019
TO: PLANNING COMMISSION
FROM: ECONOMIC DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 2019-002, FREEWAY ADJACENT DIGITAL
DISPLAY BILLBOARDS ORDINANCE
SUMMARY
Currently, Tustin City Code does not allow "off-premises" signs, including digital display
billboards. The proposed code amendment would allow digital display billboards under
certain conditions and provide benefits to the City, such as the removal of additional
legal nonconforming billboards, advertising of City events and public service
announcements, and/or financial contributions to the City.
RECOMMENDATION
1 . That the Planning Commission adopt Resolution No. 4396, recommending that the
Tustin City Council adopt the Negative Declaration for Code Amendment 2019-
002.
2. That the Planning Commission adopt Resolution No. 4397, recommending that the
Tustin City Council approve Code Amendment 2019-002 (Ordinance No. 1505),
adding subsection 9404(b)(7) and amending Section 9402 and subsections
9404(a)(1)(h), 9404(a)(1)(k), and 9404(b)(2), relating to freeway adjacent digital
display billboards.
PROPOSED AMENDMENT
The City of Tustin is proposing to amend the Sign Regulations found in Tustin City Code
Article 9, Chapter 4, relating to freeway adjacent digital display billboards (digital display
billboard). Currently, the City's Sign Regulations generally prohibit "off-premises" signs,
which are defined to include any commercial sign or structure erected and/or maintained
for advertising a business, activity, service or product not sold or produced on the
premises upon which the sign is placed, including a billboard and any other outdoor
advertising sign and structure. The proposed code amendments would authorize
"freeway adjacent digital display billboards". The freeway adjacent digital display
Planning Commission Report
Freeway Adjacent Digital Display Billboards Ordinance
December 10, 2019
Page 2
"freeway adjacent digital display billboards". The freeway adjacent digital display
billboards include pole signs or changeable copy signs, which feature a digital display,
erected and/or maintained for advertising a business, activity, service, or product not
sold or produced on the premises upon which the sign is placed. A digital display
billboard can only replace an existing billboard and, in order for a digital display
billboard(s) to replace an existing billboard, the new digital billboard must be located
within 400 feet of either Interstate 5 (1-5) freeway or State Route 55 (SR-55) freeway
right-of-way and may be no closer than 300 feet to the nearest residential property. The
distance is measured from the border of the digital display billboard face, or the base of
the digital display billboard structure, whichever is closest to the residentially zoned
parcel.
Ordinance No. 1505 would also add "freeway adjacent digital display billboards" to the
definitions used in the Tustin City Code, add specific regulations for placement of these
type of signs, and require the approval of a Conditional Use Permit (CUP) and a
Development Agreement.
Key recommendations of the proposed amendments and the associated environmental
report are as follows:
• A digital display billboard is only allowed when replacing an existing billboard.
• A digital display billboard must be located within 400 feet of the 1-5 or SR-55.
• A digital display billboard cannot be located within 300 feet of residential
property.
• Each sign face of the digital display billboard must be oriented primarily for
viewing from the freeway.
• There are limitations on displays such as frequency of message change and
flashing blinking messages.
• The owner of the digital display billboard is required to enter into a development
agreement with the City, outlining substantial public benefit.
• In approving a digital display billboard, the City Council must make certain
findings.
• Digital display billboard approval requires submission of a site-specific lighting
study, confirming the maximum intensity of light output produced will not exceed
0.3 foot-candle at a distance of 250 feet.
Planning Commission Report
Freeway Adjacent Digital Display Billboards Ordinance
December 10, 2019
Page 3
DISCUSSION
Currently, there are only six (0) billboards within the City, as depicted below in Table 1
and Exhibit 1 :
Table 1: Billboard Locations
Farther than
300 Feet from Within 400 Conforms to Assessor's
Residential Feet of a Proposed Parcel
Land Uses? Freeway? Ordinance? Number
Billboard Location (YIN) (YIN) (YIN) (APN)
1 Along the east side of the SR-55 Y Y Y 430-252-05
freeway, approximately 75 feet northeast
of Edinger Avenue. This billboard may be
digitized
Zane: Specific Plan No. 11—Pacific
Center East Specific Plan(PCESP).
2 Southwest side of 1-5 freeway, N Y N 432-402-06
approximately 150 feet southeast of Red
Hili Avenue and accessible from Nissen
Road via the Tustin Auto Spa parking lot.
Zone: Commercial General (CG).
3 Northeast side of EI Camino Real, N Y N 500-041-02
adjacent to 1-5 freeway.
Zone: Central Commercial (C2).
4 Southeast side of Red Hill Avenue, N N N 432-401-09
approximately 495 feet southwest of 1-5
freeway, near Exit 101B, Red Hill
Avenue.
Zone. Central Commercial (C2).
5 Northwest corner of Red Hill Avenue and N Y N 432-042-06
Nissen Road, billboard on top of Triangle
Billiards& Bar Stools
Zone: Retail Commercial (Cl)
6 Tustin Aute Center Billboard.This Y Y Y 500-181-08
billboard is already digitized.
Zone: Planned Community(PC)
Legend
: • Billboard Locations
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Planning Commission Report
Freeway Adjacent Digital Display Billboards Ordinance
December 10, 2019
Page 5
One existing billboard located in the Tustin Auto Center (Auto Center), identified as
Billboard 6 in Table 1 and Exhibit 1, is already digital. Under the current sign
regulations, the Auto Center digital display billboard cannot advertise businesses,
activities, services, or products not sold or produced on their premises. Under the
proposed amendments, the Auto Center can enter into a Development Agreement with
the City to advertise off-site businesses, activities, service or products as long as the
City Council finds that the action will confer a substantial public benefit to the City and
the general public.
Of the remaining five (5) billboards, four(4) do not comply with the proposed Tustin City
Code amendments and therefore could not be converted to digital display. Only one,
Billboard 1, is eligible for conversion to a digital display. Billboard 1 is approximately
300 feet from the nearest lane of travel on the SR-55 freeway and the nearest residential
property is a multi-family apartment complex, located approximately 400 feet north of
the existing billboard.
As identified in the Initial Study/Mitigated Negative Declaration, any conversion of the
billboard to a digital display billboard would require a number of mitigating measures,
including three (3) mitigation measures that will ensure the light or glare impacts
associated with the relocation and conversion to a digital display are less than
significant:
1 . The first mitigation measure requires a site-specific lighting study be submitted
during the review of the CUP and design review application to confirm that the
maximum intensity of light output produced by the billboard authorized pursuant
to the proposed code amendments would not exceed 0.3 foot-candle at a
distance of 250 feet, which is the International Sign Association's maximum
nighttime brightness level recommendation for digital display billboards. Should
the results of the study indicate the maximum intensity of light output produced
by a digital display billboard would exceed 0.3 foot-candle at a distance of 250
feet, design modifications must be incorporated into the billboard design to
ensure compliance with this regulation.
2. The second mitigation measure requires the digital display billboard include an
operating mechanism that turns off the display or turns it all black in the event of
a malfunction.
Planning Commission Report
Freeway Adjacent Digital Display Billboards Ordinance
December 10, 2019
Page 6
1 The third mitigation measure requires operational parameters are provided to the
City for review and approval prior to initial operation. The operational lighting
parameters for a replacement digital display billboard shall be provided to the
Community Development Department as part of the review of the CUP and design
review application and the City-approved parameters shall be implemented by the
project applicant to minimize trespass glare lighting on residents and drivers.
Public Benefit
In approving a development agreement for any digital display billboard, the City Council
must find that the agreement will confer a substantial public benefit to the City and to
the general public. As indicated before, public benefits may include, without limitation,
the removal of additional legal non-conforming billboards, advertising of City events and
public service announcements, and/or financial contributions to the City.
Environment Analysis
The Economic Development Department has prepared a Draft Initial Study/Mitigated
Negative Declaration (Initial Study) for the above project in accordance with the City of
Tustin's procedures regarding implementation of the California Environmental Quality
Act, and, on the basis of that study, finds:
That although there is evidence that the proposed project may have an effect on
the environment, there will not be a significant effect in this case because
mitigation measures have been added to the project. Therefore, the preparation
of an Environmental Impact. Report is not required.
The Initial Study was made available for review at the Tustin Library at 345 E. Main
Street, Tustin, California and at the Community Development Department, City of Tustin
at 300 Centennial Way, Tustin, California. The public was invited to comment on the
appropriateness of this Mitigated Negative Declaration during a twenty (20) day review
period between November 14, 2019, and December 4, 2019. Public comments will be
presented to the Planning Commission at the time of the meeting.
CITY ATTORNEY REVIEW
The City Attorney has prepared the content and form of Draft Ordinance No. 1505.
Planning Commission Report
Freeway Adjacent Digital Display Billboards Ordinance
December 10, 2019
Page 7
PUBLIC NOTICE
A public notice was published in the Tustin News on November 14, 2019, informing the
public of proposed code amendment. Additional notices were provided to affected
property owners.
Z-,ohn' Buchanan JerryCraig
( Dire&r of Economic Development Deputy Di�P'ctor af/B usi ss Services
& Housing/_.
Attachments: Planning Commission Resolution No. 4396
Exhibit A of Resolution No. 4396: Draft Initial
Study/Mitigated Negative Declaration
Planning Commission Resolution No. 4397
Exhibit A of Resolution No. 4397: Draft Ordinance No. 1505
PLANNING COMMISSION RESOLUTION NO. 4396
RESOLUTION NO. 4396
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
ADOPT THE MITIGATED NEGATIVE DECLARATION FOR TUSTIN CITY
CODE AMENDMENT 2019-002, A REVISION TO THE TUSTIN CITY
CODE ADDING SUBSECTION 9404(B)(7) AND AMENDING SECTION
9402 AND SUBSECTIONS 9404(A)(1)(H), 9404(A)(1)(K), AND 9404(B)(2),
RELATING TO FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the proposed amendment is considered a "project" subject to the terms
of the California Environmental Quality Act ("CEQA") (Public Resources
Code §21000 et. seq.);
B. That the City of Tustin prepared an Initial Study to evaluate the potential
environmental impacts associated with Tustin City Code Amendment 2019-
002 that concluded that potential impacts are at a level of insignificance and
a Draft Mitigated Negative Declaration was prepared. The Draft Mitigated
Negative Declaration was made available for public review;
C. That a Notice of Intent to Adopt a Mitigated Negative Declaration was filed
with the Clerk for the County of Orange for posting, and provided to
members of the public using a method permitted under CEQA Guidelines
Section 15072(b). The Initial Study and Draft Mitigated Negative Declaration
were made available for a 20-day public review and comment period from
November 14, 2019, to December 4, 2019, in compliance with Sections
15072 and 15105 of the State CEQA Guidelines;
D. That the City Council is the final authority for the project and will consider the
Draft Mitigated Negative Declaration prior to approval of the proposed code
amendment. The City Council will consider the Draft Mitigated Negative
Declaration at the January 21, 2019, public hearing; and
E. That the Planning Commission conducted a duly noticed public hearing on
December 10, 2019, to consider the Initial Study, proposed Mitigated
Negative Declaration, and Tustin City Code Amendment 2019-002 at which
hearing members of the public were afforded an opportunity to comment
upon the project.
Il. The Planning Commission hereby recommends the City Council adopt the
Mitigated Negative Declaration attached hereto as Exhibit A for Tustin City Code
Amendment 2019-002 relating to freeway adjacent digital display billboards.
Resolution No. 4396
Page 2
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 10th day of December, 2019.
AMY MASON
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
City of Tustin }
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California, that Resolution No. 4396 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
10th day of December, 2019.
ELIZABETH A. BINSACK
Planning Commission Secretary
Exhibit A of Resolution No. 4396
Draft Initial Study/Mitigated Negative Declaration
DRAFT
City of Tustin Freeway Adjacent
Digital Display Billboards Ordinance
Initial Study/Mitigated Negative Declaration
City of Tustin, Orange County, California
Prepared for:
City of Tustin
Economic Development
300 Centennial Way
Tustin, CA 92780
714.258.7794
Contact:Jerry Craig, Deputy Director of Economic Development
Prepared by:
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
714.508.4100
Contact: Kerri Tuttle, Project Director
Cecihia So, Project Manager
Report Date: November 14, 2019
FIRSTCARBON
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City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft initial5tudy/Mitigated Negative Declaration Table of Contents
Table of Contents
Acronymsand Abbreviations .........................................................................................................v
Section1: Introduction ..................................................................................................................1
1.1-Purpose..............................................................................................................................1
1.2-Project Location.................................................................................................................1
1.3-Project Description............................................................................................................1
1.4-City of Tustin Code Amendments....................................................................................14
1.5-Required Discretionary Approvals...................................................................................17
1.6-Intended Uses of this Document.....................................................................................18
Section 2: Environmental Checklist and Environmental Evaluation............................................... 19
2.1 Aesthetics...................................................................................................................20
2.2 Agriculture and Forestry Resources ...........................................................................28
2.3 Air Quality...................................................................................................................31
2.4 Biological Resources...................................................................................................34
2.5 Cultural Resources and Tribal Cultural Resources......................................................38
2.6 Energy.........................................................................................................................42
2.7 Geology and Soils.......................................................................................................44
2.8 Greenhouse Gas Emissions ........................................................................................48
2.9 Hazards and Hazardous Materials..............................................................................51
2.10 Hydrology and Water Quality.....................................................................................55
2.11 Land Use and Planning...............................................................................................59
2.12 Mineral Resources......................................................................................................61
2.13 Noise...........................................................................................................................63
2.14 Population and Housing.............................................................................................67
2.15 Public Services............................................................................................................68
2.16 Recreation ..................................................................................................................70
2.17 Transportation............................................................................................................71
2.18 Utilities and Service Systems......................................................................................73
2.1.9 Wildfire.......................................................................................................................76
2.20 Mandatory Findings of Significance ...........................................................................78
Section 3: List of Preparers...........................................................................................................83
Appendix A: Freeway Adjacent Digital Display Ordinance
Appendix B.Cultural and Paleontological Records Search
List of Tables
Table1: Billboard Locations....................................................................................................................2
Table 2: Existing Landfill Capacity Estimates........................................................................................75
Y-�Pu1,1T.H kClient(PN-IN(\0019\00190025%[WND\DD19002SCItV of Tustin Code Amendments ISM ND.dom X
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Table of Contents Droft Initial Study/Mitigated Negative Declaration
List of Exhibits
Exhibit 1: Regional Location Map............................................................................................................3
Exhibit 2: Local Vicinity Map ........ ...................................................................................5
Exhibit 3a: Existing Billboards 1 and 2.....................................................................................................7
Exhibit 3b: Existing Billboards 3 and 4....................................................................................................9
Exhibit 3c: Existing Billboards 5 and 6...................................................................................................11
Exhibit 4a: Existing and Proposed View from Newport Avenue...........................................................23
Exhibit 4b: Existing and Proposed View from SR-55 Northbound........................................................25
iv Y:\Publl-tions\Client{PN-FNS\0019\DDlOM25�ISMND\OQ19W25 City of Tustin Code Amendments ISMNO,d—
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft initial Study/Mitigated Negative Declaration Acronyms and Abbreviations
-ACRONYMS AND ABBREVIATIONS
AB Assembly Bill
APN Assessor's Parcel Number
AQMP Air Quality Management Plan
ARB California Air Resources Board
BMP Best Management Practice
C1 Retail Commercial
CZ Central Commercial Zone
CAL FIRE California Department of Forestry and Fire Protection
Cal/OSHA California Occupational Health and Safety Administration
CaIEEMod California Emissions Estimator Model
Caltrans California Department of Transportation
CASQA California Stormwater Quality Association
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CFR Code of Federal Regulations
CG Commercial General Zone
CO2 carbon dioxide
COZe carbon dioxide equivalent
CUP Conditional Use Permit
dBA A-weighted decibel
DOC California Department of Conservation
DTSC Department of Toxic Substances Control
EIR Environmental impact Report
FEMA Federal Emergency Management Agency
FHSZ fire Hazard Safety Zone
FHWA Federal Highway Administration
FIRM Flood Insurance Rate Map
FMMP Farmland Mapping and Monitoring Program
FTA Federal Transit Administration
GHG greenhouse gas
HCP Habitat Conservation Plan
in/sec inch per second
IS/MND Initial Study/Mitigated Negative Declaration
LCD liquid-crystal display
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City of Tustin
Freeway Adjacent Digital Display Billboards ordinance
Acronyms and Abbreviations Draft Initial Study/Mitigated Negative Declaration
LED light-emitting diode
Lmax maximum noise/sound level
LRA Local Responsibility Area
LUST Leaking Underground Storage Tank
MBTA Migratory Bird Treaty Act
MM Mitigation Measure
MRZ Mineral Resource Zones
MT metric ton
NCCP Natural Community Conservation Plan
NOE Notice of Exemption
NO, oxides of nitrogen
NPDES National Pollutant Discharge Elimination System
OAAA Outdoor Advertising Association of America
OSHA Occupational Safety and Health Administration
PC Planned Community
PCESP Pacific Center East Specific Plan
PPV peak particle velocity
RHASP Red Hill Avenue Specific Plan
RPS renewable portfolio standard
SB Senate Bill
SCAQMD South Coast Air Quality Management District
SCCIC South Central Coastal Information Center
SCE Southern California Edison
SR State Route
SRA State Responsibility Area
SWIS Solid Waste Information System
UL Underwriters Laboratories
USDA United Stated Department of Agriculture
USDOT United States Department of Transportation
USFS United States Forest Service
USFWS United States Fish and Wildlife Service
VMT vehicle miles traveled
VOC volatile organic compounds
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City of Tustin
Freeway Adjacent Digital Display Bidboards Ordinance
Draft Initial Study/Mitigated Negative Declaration introduction
SECTION ' • •
1.1 - Purpose
The purpose of this Draft Initial Study/Mitigated Negative Declaration (IS/MND) is to identify and
mitigate any potential environmental impacts that would result from implementation of the City of
Tustin Freeway Adjacent Digital Display Billboards Ordinance ("proposed project") in the City of
Tustin, California. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15367,
the City of Tustin has discretionary authority over the proposed project and is the Lead Agency in the
preparation of this Draft IS/MND and any additional environmental documentation required for the
proposed project. The intended use of this document is to determine the level of environmental
analysis required to adequately analyze the proposed project pursuant to the requirements of CEQA
and to provide the basis for input from public agencies, organizations, and interested members of
the public.
The remainder of this section provides a brief description of the proposed project, the potentially
affected locations, and the primary project characteristics. Section 2 includes an environmental
checklist that provides an overview of the potential impacts that may result from project
implementation, elaborates on the information contained in the environmental checklist, and
provides justification for each checklist response. Section 3 contains the List of Preparers.
1.2 - Project Location
Implementation of the proposed project has the potential to affect six existing billboards in the City
of Tustin. The City of Tustin is located in Orange County, California. As shown in Exhibit 1, Tustin is
surrounded by the City of Santa Ana to the west,the City of Irvine to the south and east, and the City
of Orange to the north. There are six existing billboards in the Tustin City Limits, which are described
in Table 1, below, and are also depicted in Exhibit 2. All six existing billboards are located near
highways or freeways in areas designated for business and commercial uses.
1.3 - Project Description
The City of Tustin is proposing to amend the Sign Regulations found in Tustin City Code Article 9,
Chapter 4, by adding subsection 9404(b)(7) and amending Section 9402 and subsections
9404(a)(1)(h), 9404(a)(1)(k), and 9404(b)(2), relating to freeway adjacent digital display billboards.
Currently; the City's Sign Regulations generally prohibit "off-premises" signs, which are defined to
include any commercial sign or structure erected and/or maintained for advertising a business,
activity, service or product not sold or produced on the premises upon which the sign is placed,
including a billboard and any other outdoor advertising sign and structure.
The proposed code amendments would exempt certain "freeway adjacent digital display billboards"
from the Sign Regulations prohibition of off-premises signs. Digital display billboards include pole
signs or changeable copy signs, which feature a digital display, erected and/or maintained for
advertising a business, activity, service, or product not sold or produced on the premises upon which
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City of Tustin
Freeway Adjacent Digital Oisplay Billboards Ordinance
introduction Draft initial Study/Mitigated Negative Declaration
the sign is placed. A digital display billboard can only replace an existing billboard and, in order for a
digital display billboard(s) to replace an existing billboard, the billboard must be located within 400
feet of either the Interstate 5 (1-5) freeway or State Route 55 (SR-55) freeway right-of-way and may
be no closer than 300 feet to the nearest residential property. There are currently only six existing
billboards in freeway corridors within the City, as depicted below in Table 1. One billboard, identified
as Billboard 6 in Table 1, is already digital, is covered by a Notice of Exemption (NOE), and is not
analyzed within this Draft IS/MND. Of the remaining five billboards, four do not comply with the
proposed Tustin City Code amendments and therefore could not be converted to digital display. Only
one of the six existing billboards is eligible for conversion to a digital display(Billboard 1). Exhibits 3a,
3b, and 3c show the current billboard locations.
Table 1: Billboard Locations
I
Farther than
300 Feet from Within 400 Conforms to Assessor's
Residential Feet ofa Proposed Parcel
Land Uses? Freeway? Ordinance? I Number
Billboard Location (Y/N) (Y/N) (YIN) (APN)
F--
1 Along the east side of the SR-55 freeway, Y Y Y 430-252-05
approximately 75 feet northeast of
Edinger Avenue.This billboard may be
digitized.
Zone:Specific Plan No. 11--Pacific Center
East Specific Plan(PCESP).
2 Southwest side of 1-5 freeway, N Y N 432-402-06
approximately 150 feet southeast of Red
Hill Avenue and accessible from Nisson
Road via the Tustin Auto Spa parking lot.
Zone:Commercial General (CG).
3 Northeast side of El Camino Real, N Y N 500-041-02
adjacent to 1-5 freeway.
Zone:.Central Commercial (C2).
4 Southeast side of Red Hill Avenue, N N N 432-401-09
approximately 495 feet southwest of 1-5
freeway, near Exit 101B,Red Hill Avenue.
Zone:Central Commercial(C2).
5 Northwest corner of Red Hill Avenue and N Y N 432-042-06
Nissan Road,billboard on top of Triangle
Billiards&Bar Stools
Zone: Retail Commercial(Cl)
6 Tustin Auto Center Billboard.This Y Y Y 500-181-08
billboard is already digitized.
Zone: Planned Community(PC)
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Billboard Locations
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Source:Census 2000 Data,The CaSIL
FIRSTGARBON 5 2.5 0 5 Exhibit 1
SOLUTION STM Miles
Regional Location Map
00190025•10/2019 1 1_regional,mxd CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
THIS PAGE INTENTIONALLY LEFT BLANK
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FIRSTGARBON2,000 1,000 0 2,000 Exhibit Z
SOLUTION ®S7, Feet Local Vicinity Map
001901025+ 10/2019 1 2—local—vicinitV.mxd CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
THIS PAGE INTENTIONALLY LEFT BLANK
r
Existing Billboard 1- East of SR-55, 75 Feet Northeast of Edinger Avenue.
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Existing Billboard 2-South of 1-5, 150 feet southeast of Red Hill Avenue.
Source:Google Maps.
FIRSTCARBON Exhibit 3a
SOLUTIONS"' Existing Billboards 1 and 2
00190025•10/2019 1 3a_existing_billboards_iand2.cdr CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
THIS PAGE INTENTIONALLY LEFT BLANK
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Existing Billboard3—North of 1-5, 50 feet west of EI Camino Real.
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Existing Billboard 4—South of 1-5, 15 feet southeast of Red Hill Avenue.
Source:Google Maps.
FIRSTCARBON Exhibit 3b
SOLUTIONSTMExisting Billboards 3 and 4
00140025•10/2019 1 3b_existing_billboards_3and4.cdr CITY OF TUS—IN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
THIS PAGE INTENTIONALLY LEFT BLANK
AMR
4
Existing Billboard 5—South of 1-5, 20 feet west of Iced Hill Avenue.
k ,
r„
Existing Billboard 6—North of 1-5, 275 feet southwest of Auto Center Drive.
Source:Google Maps.
FIRSTGARBON Exhibit 3c
SOLUTIONS"' Existing Billboards 5 and 6
00190025•10/2019 l 3c_existing_bii1boa rds_5and6.cdr CITY OF AUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
THIS PAGE INTENTIONALLY LEFT BLANK
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial5tudy/Mitigated Negative Declaration introduction
The proposed code amendments would permit freeway adjacent digital display billboards in commercial
zones, upon approval of a Conditional Use Permit (CUP), and subject to the reasonable restrictions and
criteria intended to ensure the public health and safety concerning the location, distance from
residential uses, height,size,design, orientation, brightness, and display cycle of such signs.
The proposed code amendments would be consistent with the Tustin General Plan' in that they
would comply with Land Use Element Goal 4, to assure a safe, healthy, and aesthetically pleasing.
community for residents and businesses.
Five of the six billboards potentially affected by the amendments to the Tustin City Code are located
within one of two specific plan areas: the Red Hill Avenue Specific Plan (RHASP) (four billboards), and
the Pacific Center East Specific Plan (PCESP) (one billboard).'The sixth billboard is currently digitized
and is located between the Tustin Auto Center and the 1-5 freeway; it is not located within a Specific
Plan area.
The RHASP is designed to retain a commercial character in the RHASP planning area and to allow
existing land uses to continue. The RHASP Environmental Impact Report (EIR) serves as a first-tier
Program EIR for future development within the RHASP planning area for projects consistent with the
Program EIR that do not require additional environmental review.' None of the existing
nonconforming billboards within the RHASP area would be eligible for digital conversion, as they do
not meet the distance or proximity to residential land use criteria.
The PCESP is intended to provide a planned community development that encourages a variety of
office, commercial, regional, and technology uses. The one existing billboard within the PCESP area
would be eligible for digital conversion since it meets the criteria of not being located within 300 feet
of any residentially zoned properties and is located within 400 feet of the SR-55 freeway. This
billboard could also potentially be relocated to the western corner of the property should that
property owner wish to move the billboard within the existing property to allow for potential future
development on the parcel. All aspects and features of the proposed replacement billboard would
be required to comply with the proposed code amendments pursuant to the Tustin City Code of
Ordinances.
This proposed project analyzes an update to the Tustin City Code of Ordinances, which would only
affect six existing billboards within the City of Tustin. No new billboard locations are proposed as a
result of project implementation. Further, only one compliant billboard, identified as Billboard 1 in
Table 1, would be eligible for an upgrade to a digital display and may be relocated to the western
corner of the property,
Applicable construction activities associated with the conversion of Billboard 1 to a digital display
would include removing the existing copy, removing the existing billboard sections, and removing
City of Tustin,2618.General Plan.November 2018.Website:https://www,tustinca.org/DDCLImentCenter/View/713.Accessed July
25,2019.
City of Tustin-2011.Pacific Center East Specific Plan.April 2011.website:https.//www.tustinca.org/DocumentCenter/View/705,
Accessed August 20,2019.
s Kimley-Horn.2018.City of Tustin Red Hill Avenue Specific Plan.November 6.Website.https://www.tustinca.org/338/Red-HIII-
Avenue-Specific-Plan.Accessed July 25,201.9.
r,`Pub1i I,o \CIS-I N`N.INI:KINE\00I:os car of T;,,code Amendments IS MIND T a I3
City of Tustin
Freeway Adjacent digital Display Billboards Ordinance
introduction Draft initial Study/Mitigated Negative Declaration
the metal pieces that attach the sign to the top of the billboard. After removing the static billboard
faces, Billboard 1 would be upgraded with a light-emitting diode (LED) face to allow for digital
advertisements. Due to the size and shape of the subject property, Billboard 1 could potentially be
relocated to the corner of the current site and would still be compliant with the proposed code
amendments. Should this occur, limited ground disturbance may be required in order to drill new
footings for Billboard 1 Overall, the potential upgrade of Billboard 1 would include limited
construction activities for a short duration (i.e., one to two days).
1.4 - City of Tustin Code Amendments
This section describes the proposed code amendments to Article 9, Chapter 4, Sections 9402 and
9404 of the Tustin City Code of Ordinances, which regulate City of Tustin signs and sign structures
(Appendix A). The proposed amendments would add "freeway adjacent digital display billboards" to
the terminology definitions used in the Tustin City Code, add specific regulations for signs that are
categorized as freeway adjacent digital display billboards under the new definition, and require the
approval of a CUP for these types of signs.
The following text can be found within the Tustin City Code, Article 9, Chapter 4, Sections 9402 and
9404,4 and the proposed code amendments are outlined as follows:
SECTION II.The following definitions in Section 9402 of Chapter 4 of Article 9 of the Tustin City Code
are hereby added or amended to read as follows (new text underlined; deletions in strikethrough):
"Animated sign" means any sign designed to attract attention through movement or
the semblance of movement of the whole or any part, including, but not limited to,
signs which swing, twirl, revolve, move back and forth or up and down; or signs
which can change color or shades of color; or any other method or device which
suggests movement, but not including flags, ew banner signs, or freeway adjacent
digital display billboards.
"Digital display" means a sin face that displays images through the use of grid
lights, cathode-ray projections, light-emitting diodes (LEDs), plasma screens, liquid-
crystal displays (LCDs), fiber optics, or other electronic media or functionally
equivalent technology.
"Freeway adjacent digital display billboard" means a pole sign or changeable copy
sign, which features a digital display, erected and/or maintained for advertising, in
whole or in part, a business, activity, service or product not sold or produced on the
p.remises upon which the sin is placed, which is located on a commercially zoned
parcel within four hundred (400) feet of either the Interstate 5 freeway or the SR 55
freeway right-of-way;see section 9404b(7),
"Off-premises sign" means a commercial sign or structure of any kind or character
erected and/or maintained for advertising a business, activity, service or product not
City of Tustin.2019.Code of Ordinances Article 9—Land Use,Chapter 4—Sign Regulations.July 22,2019.Website:
https://Ghrary.rnunicode.com/_a/tustn/codes/code_of_ordinances?nodeId=ART9LAU5_CH451RE.Accessed July 30,2019.
14r_�P,MIsMNnl�,wo unIrI,rI.c1n_AdI Asn,+Ho�o.
City of Tustin
Free way Adjacent Digital Display Billboards Ordinance
Draft Initial Stu dy/Mitigated Negative Declaration introduction
sold or produced on the premises upon which the sign is placed, including a
billboard and any other outdoor advertising sign and structure, but not including a
freewa adjacent digital display billboard.
SECTION III. Section 9404a1(h) and (k) of Chapter 4 of Article 9 of the Tustin City Code are hereby
amended to read as follows (new text underlined):
(h) Flashing signs, but not including freeway adjacent digital display billboards
approved pursuant to section 9404b(7).
(k) Off-prernises signs, except those erected or caused to be erected by the City,
freeway adjacent digital display billboards approved pursuant to section
9404b 7 temporary off-premises commercial signs, human signs, and
temporary noncommercial signs.
SECTION IV. Section 9404b(2) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to
read as follows (new text underlined):
2. Pole sign. All pole signs not considered either 1 a freestanding freeway signs
pursuant to subsection 9404b(3), or (2) a freeway adjacent digital display
billboards pursuant to subsection 9404b(7), shall require approval of a
conditional use permit. In addition to findings required to be made on granting
of a CUP contained in the Tustin City Code, the following restrictions and
criteria shall apply:
(a) Type of business. Only center identification signs are permitted to be pole
signs.
(b) Size and scale of project. The center identified by the sign is a single
development project of at least one hundred thousand (100,000) building
square feet or five (5) acres in project size which has a minimum of three
(3) or more tenants.
(c) Design. The pole sign is designed to reflect theme of the center it identifies
and incorporates similar design elements, materials, colors and special
qualities of the architecture of the building(s) in the center and is
compatible with existing or proposed signage in the center.
(d) Location. The pole sign shall (1) be located within a landscaped area and is
limited to one (1) per street frontage, (2) maintain a minimum of one
hundred (100) lineal feet from any other monument sign or freestanding
sign in the center, and (3) be set back a minimum of twenty-five (25) feet
from interior side property line or maintain a minimum of fifty (50) feet
from another pole or freestanding sign located on an adjacent site.
(e) Height and size. The sign shall be compatible with the size and scale of the
project and shall not exceed twenty (20) feet in height and fifty (50) square
feet in size.
1�'bncaiiecluieer Inr;-iwlao;4h�m�CUs5 iI iNn701seo15 uiv or m=an code I isaArvp cru,: 15
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Introduction Draft initial Study/Mitigated Negative Declaration
SECTION V. Section 9404b(7) of Chapter 4 of Article 9 of the Tustin City Code is hereby added to read
as follows (new text underlined):
7. Freeway adjacent digital display billboards. All freeway, adjacent digital display
billboards shall require a conditional use permit granted in accordance with
section 9291 and a development agreement issued in accordance with chapter
6 of the Tustin City Code. In addition to the findings required by the Tustin City
Code for granting a CUP and approving a development agreement, the
following restrictions and criteria shall apply:
(a) Freeway adjacent digital display billboards may only be approved in
instances where the freeway adjacent digital display billboard will replace
on the same_parcel, alter, or modify the structure, display and/or content of
an existing legally non-conforming off-premises sign or electronic
changeable copy sign, and subject to the following limitations:
1. Location. Freeway adjacent digital display billboards may only be
erected on commercially zoned parcels located within four hundred
(404)feet of either the Interstate 5 freeway or the SR 55 freeway right-
of-way.
2, Distance from residential uses. No freeway adjacent digital displav
billboard may_be placed at a distance of less than 300 feet from the
Property line of any residentially zoned parcel, as measured from the
border of the digital display billboard face, or the base of the digital
display billboard structure, whichever is closest to the residentially
zoned parcel.
3. Height. The maximum height of any freewaV adjacent digital display
billboard shall not exceed fifty-five (55) feet above the pavement level
of the Interstate 5 freeway or SR 55 freeway to the bottom of the
digital display.
4. Size. The maximum size of each freeway adjacent digital display
billboard face display area shall be twenty-five f25) feet in height and
sixty (60) feet in width, with the area of each face not to exceed an
overall_maximum amount of fifteen-hundred 1,500 square feet,
including border and trim.
5. Design. All freeway adjacent digital display billboards shall either be
double faced or include covered backs or facings. Notwithstanding
anything in this Chapter to the contrary, the distance of separation_
between the faces on a double-faced freewaV adjacent digital dis la
billboard may exceed eighteen inches 18 if deemed necessarV bV Cit
to maximize visibility from the Interstate 5 freeway or the SR 55 freeway.
6. Orientation. Each freeway adjacent digital display billboard must be
oriented primarily for viewing from the Interstate 5 freeway or the SR
55 freeway.
16 1%P i,b u_ItlI 1",C I lent(FW-in)%du I'%L!J!3X-iI ty IF i--cave Pmeram_nt uMNO.d=1
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration Introduction
7, Brightness. All freeway adjacent digital display billboards must comply
with all app licable laws and regulations concerning brightness
including, without limitation, California Vehicle Code Section 21466.5.
8. Display cycle. A freeway adjacent digital display billboard may show a
series of still images, each displayed for at least eight (8) seconds. The
still images may not move or present the appearance of motion and
may not use flashing, scintillating, blinking, or traveling lights or any
other means not providing constant illumination. Transition or blank
screen time between one still image and the next may not exceed one
(1)second.
9. Compliance with law. The owner of the freeway ad'acent digital
display billboard must comply with all applicable federal,state, or local
laws, including the Highway Beautification Act of 1965 (23 United
States Code Section 131), the Outdoor Advertising Act (California
Business and Professions Code Section 5200 et seq.), and this Chapter,
when constructing, operating, improving maintaining, repairing and
removing the freeway adjacent digital display billboard.
10. Public_benefit. In approving a development agreement for any freeway
admacent digital display billboard the CitV Council must find that the
agreement will confer a substantial_public benefit to the City and to
the general public. Such public benefits may include, without
limitation, the removal of additional legal non-conforming billboards,
advertising of City events and public service announcements, and/or
financial contributions to the City.
11. Required Findings: In approving a freeway adjacent digital display
billboard, the-City Council must find that each freeway adjacent digital
display billboard:
a._ Complies with the requirements of this subsection 9404b(7) and
this Chapter;
b� Will not create a traffic or safety hazard;
c. Will not create a nuisance to adjacent property; and
d. Will not result in any undue or significant increase in visual clutter
in the area surrounding parcel upon which the freeway adjacent
digital display billboard will be located.
1.5 - Required Discretionary Approvals
As mentioned previously, the City of Tustin has discretionary authority over the proposed project
and is the CEQA Lead Agency for the preparation of this IS/MND In order to implement the
proposed project,the City would need to secure the following permits/approvals:
Planning Commission resolution to recommend approval of the IS/MND
City Council approval of the IS/MND
Planning Commission Resolution recommending City Council adoption of Ordinance No. 1321
/-\r'u6iiat�onsl'�enl(�"-111 w1i SM 1{p\0012h 25 City&T,11,1 US,Amimd—is I SNNC-.Hon 17
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
introduction Draft Initial Study/Mitigated Negative Declaration
• Adoption of Ordinance No. 1321
• Conditional Use Permit to upgrade Billboard 1 to a digital display billboard
Development.Agreement to upgrade Billboard 1 to a digital display billboard
1.6 - Intended Uses of this Document
This Draft IS/MND has been prepared to determine the appropriate scope and level of detail
required in completing the environmental analysis for the proposed project. This document will also
serve as a basis for soliciting comments and input from members of the public and public agencies.
regarding the proposed project. The Draft IS/MND will be circulated for a minimum of 20 days,
during which comments concerning the analysis contained in the Draft IS/MND should be sent to:
Jerry Craig, Deputy Director of Economic Development
City of Tustin
300 Centennial Way
Tustin, CA 92780
Phone: 714.573.3121
Fax: 714.669.0976
Email:JCraig@tustinca.org
18 P ib i 1 iun11PN-J I,h%-]]a\9019 Q751 I 5MNP-190075 rl of.,-C—A, Np Un
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft initial Study/Mitigated Negative Declaration Environmental Evaluation
SECTION ENVIRONMENTAL AND ENVIRONMENTAL
EVAWATION
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this proposed project, involving
at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following
pages.
❑ Aesthetics ❑ Agriculture and Forestry ❑ Air Quality
Resources
❑ Biological Resources ❑ Cultural Resources ❑ Energy
❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards/Hazardous Materials
❑ Hydrology/Water Quality ❑ Land Use/Planning �❑ Mineral Resources
F-1Noise ❑ Population/Housing ❑ Public Services
❑ Recreation ❑ Transportation ❑ Tribal Cultural Resources
❑ Utilities/Services Systems ❑ Wildfire ❑ Mandatory Findings of Significance
Environmental Determination
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect an the environment, and a
NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measure based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
Date: Signed:
I M,bl-t—,�Ch nv(PNiIBMIS\00190250WM r.NO)I_o2E nq nF I.,-1„dE 4-1m—,SUNE d— 19
City ofTustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.1 Aesthetics
Except as provided in Public Resources Code Section 21099, would the project,
a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑
vista?
i Substantially damage scenic resources, ❑ ❑ ❑
including, but not limited to, trees, rock
outcroppings, and historic building within a
State Scenic Highway?
c) In non-urbanized areas, substantially degrade ❑ ❑ ® ❑
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the project
is in an urbanized area, would the project
conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new sou-ce of substantial bight or glare ❑ ® ❑ ❑
which would adversely affect day or nighttime
views in the area?
Environmental Evaluation
Would the proposed project:
a) Have a substantial adverse effect on a scenic vista?
Less than significant impact. The proposed project includes the implementation of the proposed
code amendments, which could result in the digital upgrade of existing billboards located adjacent to
freeways in the City. Billboard 1 is currently located on Edinger Avenue, within 400 feet of the SR-5S
freeway. Billboards 2 through 5, conversely, are located within the RHASP area, and are identified as
noncompliant billboards with regard to the proposed Tustin City Code Amendments. Billboard 6 is
currently a digitized billboard located between the 1-5 freeway and the Tustin Auto Center.
If upgraded to a digital display, Billboard 1 could undergo alterations in height, orientation, and
display under the proposed project. Billboard 1 could also potentially be relocated to the western
corner of the property on which it currently exists. Following the potential digital display upgrade to
Billboard 1 (and possible relocation) views of the local peaks east of the SR-55 freeway may be
obstructed. However, the resulting impacts to views of the local mountains would not be any more
significant than what currently exist with the billboard that is already present on the property (see
Exhibits 4a and 4b). As such, impacts to scenic vistas would be less than significant.
20 1 1P„ou, I=I(IN-IN)\O%1\Casa0751,'MND�x 75 ory of T, coag•211M I—'IIMN❑aoa
City of Tustin
Freeway Adjacent Digital Display Billboards ordinance Environmental Checklist and
Draft Initial Study/Mitigafed Negative Declaration Environmental Evaluation
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings,
and historic building within a State Scenic Highway?
No impact. SR-55 and 1-5 are located in the immediate vicinity of the existing billboards but are not
designated scenic highways, nor are they eligible to become State Scenic Highways. The nearest
officially designated scenic highway is identified as SR-91, located approximately 10 miles to the
northeast of the existing billboards. Based on the distance to the nearest State Scenic Highway, no
impacts to scenic resources within a State Scenic Highway would occur with project implementation.
c) in non-urbanized areas, substantially degrade the existing visual character or quality of public
views of the site and its surroundings? (Public views are those that are experienced from publicly
accessible vantage point). If the project is in an urbanized area, would the project conflict with
applicable zoning and other regulations governing scenic quality?
Less than significant impact. The existing billboards are located in heavily urbanized areas within the
City of Tustin. Existing Billboards 2 through 5 are noncompliant with the proposed code amendments
and are therefore not eligible for digital display upgrades. Billboard 1 may be upgraded to an LED
face, which would operate on a continuous basis. This billboard could also potentially be relocated to
the western corner of the property. At the new proposed location, the billboard would be oriented
facing northwest, and southwest towards the SR-55 freeway, and would not be facing directly
towards nearby sensitive receptors. Furthermore, based on the distance from the nearest
residentially zoned property, and the regulations set forth in the proposed code amendments,
Billboard 1 is not located in an area that conflicts with applicable zoning laws. As such, impacts
would be less than significant. And in fact, the visual character of public views may be improved by
the proposed project because in approving a development agreement for a freeway adjacent digital
display billboard, a substantial public benefit must be conferred, which may include the removal of
other non-conforming, older, and less visually attractive billboards within the City.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime
views in the area?
Less than significant impact. Only Billboard 1 would be eligible for conversion to digital display
under the proposed project. If replaced, Billboard 1 could also potentially be relocated to the
western corner of the property on which it currently exists. The new location would be
approximately 260 feet from the nearest lane of travel on the SR-55 freeway. The replacement
Billboard 1 would be oriented facing the SR-55 freeway and would not be angled towards the
residential dwellings located to the north. The nearest sensitive receptor to Billboard 1 is a multi-
family apartment complex, located approximately 420 feet northeast of the existing billboard.
Existing nighttime light sources in the vicinity of Billboard 1 include streetlights, parking lot lights,
headlights from passing vehicles, highway lighting, and lighting on buildings and structures.
Implementation of Mitigation Measure (MM) AES-1 will ensure that the light or glare impacts
associated with the relocation and conversion of Billboard 1 to a digital display are less than
significant. MM AES-1 requires a site-specific lighting study to confirm that the maximum intensity of
light output produced by billboards authorized pursuant to the proposed code amendments would
not exceed 0.3 foot-candle at a distance of 250 feet, which is the International Sign Association's
'!.\?uh I i—i—,G,ent(FN 1411IGII\M 9C075%II SMNG%D0:9CYY25 C,tV^ T-ir.-nd,A,-rd—-ISA I NO. —_.._ ...._._.,.--... 21
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft fnitial5tudy/Mitigated Negative Declaration
maximum nighttime brightness level recommendation for digital display billboards. According to the
Illuminating Engineering Society (IES), a foot-candle is defined as the illuminance on a one square
foot surface from a uniform light source. Foot-candles are the most common unit of measurement
used by lighting professionals to calculate light levels in businesses and outdoor spaces.5
Implementation of MM AES-2 is also required to ensure that the LED billboard would include an
operating mechanism that turns off the display or turns it all black in the event of a malfunction.
Implementation of MM AES-3 is required to ensure that the LED signs' operational parameters are
provided to the City for review and approval prior to initial operation.
Analysis of Driver Distraction
Driver distraction could occur due to the changing of electronic messages on the proposed LED
billboards. Several federal and State regulations apply to the operation of electronic billboards to
minimize driver distraction, as discussed below.
• California law allows LED billboards to operate at a minimum dwell time of no less than 4 seconds
before the display may transition to the next image.This requirement is set forth in Business and
Professions Code Section 5405(d)(1), which provides, in pertinent part, that "no message center
display may include any illumination or message change that is in motion or appears to be in
motion or that changes in intensity or exposes its message for less than four seconds."
• The Outdoor Advertising Association of America (OAAA) likewise recommends that billboards
display a message for no less than 4 seconds.'
• The Federal Highway Administration (FHWA), meanwhile, has approved of a similar dwell time
standard. According to an FHWA memorandum, the acceptable range for the "[d]uration of
each display is generally between 4 and 10 seconds-8 seconds is recommended."'
Accordingly, the proposed code amendments state that "each static message or image shall be
displayed for a minimum of eight (8) consecutive seconds before changing, and the transition or
blank screen time between one display message and the next shall not exceed one second." The
proposed code amendments would therefore ensure that any billboard converted to LED under the
revised Ordinance would exceed the relevant State and federal requirements and impacts related to
driver distraction would therefore be minimal.
s International Sign Association.2016.Night-time Brightness Level Recommendations for On-Premise Electronic Message Centers.
August.website:https://www.signs.org/media/files/ISA_EMC_Recommendations_Refresh_rINALpdf.Accessed October 2,2019.
e California Department of Transportation(cattrans).2012.Caltrans Division of Research and Innovation,Effects of Outdoor
Advertising Displays on Driver Safety,p.g.October 11.
' United States Department of T•ansportation(USDOT).2007.Federal Highway Administration(FHWA),Guidance On Off Premise
changeable Message Signs,page.2.September 75.
22 V.VumrednomlC11e tcity OT-6,cud,Amu dme,,s IsInWo.d—
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Existing
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Proposed
FIRSTCARBQN Exhibit 4a
SOLUTIONS"" Existing and Proposed View from Newport Avenue
00190025•10/2019 1 4a_existing_proposed_view_from_newport_ave.cdr CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL D'SPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
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FIRSTCARBON Exhibit 4b
SOLUTIONS' ' Existing and Proposed View from SR-55 Northbound
00190025•10/2019 i 4b_existing_pro3ased_view_from_SR55_NB,cdr CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MIT GATED NEGATIVE DECLARATION
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City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
Billboards 2 through 5 do not comply with the proposed Tustin City Code amendments and therefore
could not be converted to digital display.Therefore,these billboards would not result in an increased
source of light or glare. Overall, the proposed project would have a less than significant impact on
light and glare.
Since the LED face of a potential replacement billboard would not exceed an output level of 0.3 foot-
candle at a distance of 250 feet from the billboard faces and would comply with federal and State
regulations, the lighting impacts associated with the replacement billboard would not represent a
significant distraction to drivers and would have a less than significant lighting and glare impact on
nearby residences. Based on the distance from the nearest residential dwellings, the orientation of
the potential replacement billboard, and the restrictions on ambient light emitted by the potential
replacement billboard, impacts associated with upgrading Billboard 1 to a digital display are
considered less than significant with implementation of MM AES 1, 2, and 3.
Mitigation Measures
MM AES-1 To ensure the lighting of signs does not exceed 0.3 foot-candle at 250 feet, prior to
conversion or relocation of any billboard, the City shall require a site-specific lighting
study to be submitted during the review of the conditional use permit and design
review application. Should the results of the study indicate the maximum intensity of
light output produced by a digital display billboard would exceed 0.3 foot-candle at a
distance of 250 feet, design modifications shall be incorporated into the billboard
design to ensure compliance with this regulation.
MM AES-2 Any approved replacement light-emitting diode (LED) billboard shall include an
operating mechanism (hardware or software controlled)that turns off the display or
turns it to all black in the event of a malfunction or failure in any system or
subsystem that results in the display wholly or partly appearing to flash,
MM AES-3 The Operational lighting parameters for a replacement digital display billboard shall
be provided to the City of Tustin Community Development Department for review
and approval prior to installation and regular operation of a digital display billboard,
during the review of the conditional use permit and design review application, and
the City-approved parameters shall be implemented by the project applicant to
minimize trespass glare lighting on residents and drivers.
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City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.2 Agriculture and Forestry Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead
agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on
agriculture and farmland. In determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information compiled by the California
Department of Forestry and Fire Protection regarding the State's inventory of forest land, including the
Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon
measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or ❑ ❑ ❑
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, ❑ ❑ n
or a Williamson Act contract?
c) Conflict with existing zoning for, or cause ❑ ❑ ❑ IK
rezoning of, forest land (as defined in Public
Resources Code Section 12220(8)), timberland
(as defined by Public Resources Code Section
452.6), or timberland zoned Timberland
Production (as defined by Government Code
Section 51104(g))?
d) Result in the loss of forest land or conversion of ❑ ❑ 0
forest land to non-forest use?
e) Involve other changes in the existing ❑ ❑ ❑
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest
land to non-forest use?
Environmental Evaluation
In determining whether impacts to agricultural resources are significant environmental effects, lead
agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)
prepared by the California Department of Conservation (DOC)$ as an optional model to use in
assessing impacts on agriculture and farmland. In determining whether impacts to forest resources,
including timberland, are significant environmental effects, lead agencies may refer to information
California Department of Conservation Office of Land Conservation.1997.California Agricultural Land Evaluation and Site Assessment
Model Instruction Manual,website:https://wwwconservation.ca.gov/dlrp/Pages/gh_Jesa.aspx.Accessed October 7,2019,
28 YAPublkatfvn Wh"t CPNCity&Tustin Code Amendments WN6.dom
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
compiled by the California Department of Forestry and Fire Protection (CAL FIRE) regarding the
State's inventory of forest land, including the Forest and Range Assessment Project and the Forest
Legacy Assessment project; and forest carbon measurement methodology provided in Forest
Protocols adopted by the California Air Resources Board (ARB).
Would the proposed project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the
California Resources Agency,to non-agricultural use?
No impact. None of the existing billboard locations support commercial-scale cultivated agricultural
activities. The DOC Farmland Mapping and Monitoring Program (FMMP) mapping for Orange County
designates the existing billboard locations as "Urban and Bullt-Up Land" on the Orange County
Important Farmland 2014 map.9'1('According to the DOC Farmland Mapping and Monitoring Program
for Orange County, the City of Tustin does not contain any farmland of statewide importance.
Therefore, development of the proposed project would not convert Prime Farmland, Unique
Farmland, or Farmland of Statewide Importance to non-agricultural use. No impact would occur.
b) Conflict with existing zoning for agricultural use,or a Williamson Act contract?
No impact.The billboards are located throughout the City of Tustin, California and none of them are
located in agricultural zoning districts. According to the California Department of Conservation's
Agricultural Preserves 2004 map, none of the existing billboard locations are restricted by a
Williamson Act contract.17 In addition, according to the City of Tustin's Zoning Map, no areas within
the city limits are zoned for agricultural uses.iz Therefore, the proposed project would not conflict
with existing agricultural zoning or with a Williamson Act contract and no impacts would occur.
c) Conflict with existing zoning for, or cause rezoning of,forest land (as defined in Public Resources
Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or
timberland zoned Timberland Production(as defined by Government Code Section 51104(g))?
No impact. The existing billboards are located within urban built-up areas within the City of Tustin.
Billboard 1, as described in Table 1, is located within the PCESP and within an area zoned
Commercial General (CG) according to the City of Tustin Zoning Map. Billboards 2, 3, 4, and 5 are
located within the RHASP area identified within the City of Tustin General Plan.13 Each of the existing
billboards is surrounded by commercial land uses. None of the existing billboards are located in
forest land zoning districts according to the United Stated Forest Service (USFS). Furthermore,
9 Catifornia Department of Conservation(DOC).2014.Farmland Mappl, -r• iV•:nit•,, ng urogram.2014.website:
https;//www,conservation,ca,gov/dlrp/fmmp/Pages/orange.aspx./fir ce cd N,oust 8,2019,
California Department of Conservation{DOC).1997.Office of Land Con::riwiti::n California Agricuutiral Land Lva{uation and site
Assessment Madel Instruction Manual.Website:https://www.conservatlo, C=,.P,rti Mlrq Pav s/qh iesa.aspx.Accessed October7,2021
u California Department of Conservation(DOC).2016.California importani Fa n ir;;rd. 19642016.Website:
https://maps.conservation.ca.gov/dlrp/ciftimeseries/.Accessed August v, 2u19.
City of Tustin.2018.Zoning Map of the City of Tustin.November 2018.Website:https://tustinca.org/DocumentCenter/View/522.
Accessed August 8,2019.
13 City of Tustin.2018.General Plan Figure Lu-4.Special Management Areas Specific Plans,November 2018.Website:
https://www.tustinca.arg/Documentcenter/View/713/City-of-Tustin-General-Plan-PDF.Accessed August 8,2019.
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City of Tustin
Environmental Checklist and Freeway Adjacent Digltal Display Billboards Ordinance
Environmental Evaluation Draft initial Study/Mitigated Negative Declaration
according to the DOC FMMP, no agricultural or forested lands of are located in Tustin.14 This
condition precludes the possibility of a conflict with a forest zoning designation. Therefore, no
impact would occur.
d) Result in the loss of forest land or conversion of forest land to non-forest use?
No impact. According to the USFS Interactive Visitor Map 2.0, the existing billboard locations do not
contain and are not adjacent to any forested land,15 Therefore, there would be no loss of forest land
or conversion of forested land to non-forest use as a result of the proposed project. No impacts
would occur.
e) Involve other changes in the existing environment which, due to their location or nature, could
result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-
forest use?
No impact. The existing billboard locations are not adjacent to or in the immediate vicinity of any
existing agricultural operations. According to the DOC and the City of Tustin Zoning Map, no Prime
Farmland, Unique Farmland, Farmland of Statewide Importance, or Forest Land is located near to
any of the existing billboard sites.11 This condition precludes the possibility of conversion of farmland
to non-agricultural use, or forestland to non-forest use.Therefore, no impacts would occur.
Mitigation Measures
None required.
14 California Department of Conservation(DOC).2014.Farmland Mapping and Monitoring Program.2014.Website:
https;Hwww.conservation.ca,gov/dlrp/fmrnp/Pages/orange.aspx,Accessed August 8,2019.
15 United States Forest Service(USFS).2019.Interactive Visitor Map 2.0.Website:https://www.fs.fcd.us/ivm/index.htm1.Accessed
August 8,2019.
30 Y\pub I1-ti—YA-t CPN•YN)�DO19100190025`ISNIN0�00140025CllyorTu,tln Cade Pm endm is is~.do
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental issues Impact incorporated Impact Impact
2.3 Air Quality
Where available, the significance criteria established by the applicable air quality management district or
air pollution control district may be relied upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation of the ❑ ❑ X ❑
applicable air quality plan?
b) Result in a cumulatively considerable net increase ❑ ❑ ® ❑
of any criteria pollutant for which the project
region is non-attainment under an applicable
federal or State ambient air quality standard?
c) Expose sensitive receptors to substantial ❑ ❑ ® ❑
pollutant concentrations?
d) Result in other emissions (such as those leading ❑ ❑ N ❑
to odors or) adversely affecting a substantial
number of people?
Environmental Evaluation
Where available, the significance criteria established by the applicable air quality management
district or air pollution control district may be relied upon to make the following determinations.
Would the proposed project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
Less than significant. The South Coast Air Quality Management District (SCAQMD) 2016 Air Quality
Management Plan (AQMP) is designed to accommodate growth, reduce the high levels of pollutants
within the areas under the jurisdiction of SCAQMD, achieve the federal 8-hour ozone standard by
2024, and minimize the impact on the economy. Projects that are considered to be consistent with
the AQMP do not interfere with attainment and do not contribute to the exceedance of an existing
air quality violation because this growth is included in the projections utilized in the formulation of
the AQMP. Therefore, projects, uses, and activities that are consistent with the applicable
assumptions used in the development of the AQMP would not jeopardize attainment of the air
quality levels identified in the AQMP, even if they exceed the SCAQMD recommended thresholds.
The proposed project would not construct habitable structures. In addition, it would not generate
significant employment; in fact, no additional employees would be required to maintain the
potential replacement digital display billboard. The proposed project would not change or increase
population figures over those that have been planned for the area and the proposed project would
be consistent with the AQMP forecasts for this area. Therefore, the proposed project would be
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City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
consistent with air quality-related regional plans and would not jeopardize attainment of state and
federal ambient air quality standards in the region. Impacts are therefore less than significant.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non-attainment under an applicable federal or State ambient air quality standard?
Less than significant impact.The proposed project would generate regional criteria air pollutant and
ozone precursor emissions resulting from short-term construction and long-term operational
activities. SCAQMD has developed regional thresholds of significance for both construction and
operational emissions. These thresholds are considered to be the allowable emissions limit for each
project in order for the region to attain and maintain ambient air quality standards. Therefore, a
project that would not generate daily regional emissions that exceed SCAQMD's thresholds would
also not violate or contribute substantially to an existing or projected air quality violation.
Construction of the proposed project would result in the temporary generation of criteria pollutant
emissions. Based on a review of a recent similar billboard ordinance update and associated
environmental analysis document prepared for the City of Orange, which included the replacement
of five existing City of Orange billboards,16 FCS estimated construction emissions for the activities
associated with the proposed project. The proposed billboard upgrade and possible relocation
activities would require the use of hand tools and small crane rigs. It would take approximately one
to two working days to remove the existing billboard structure. Based on previous modeling of
construction emissions associated with the replacement of five billboard faces within the City of
Orange, billboard upgrade and possible relocation activities would not exceed any of SCAQMD's
thresholds of significance. Therefore, the proposed project would similarly not be expected to
exceed any of SCAQMD's thresholds of significance.
Following the proposed upgrade and possible relocation activities, long-term operational emissions
could be generated from the day-to-day operations of the upgraded digital display billboard. Such
billboards require occasional upkeep and maintenance activities (e.g., painting, face panel upgrades,
and safety checks), which generate vehicle trips. The long-term operation of the upgraded digital
display billboard would include vehicle trips associated with minimal and irregular maintenance
activities, occurring only as needed (less than once per month and likely only one vehicle).
Accordingly, operational criteria pollutant emissions would not be anticipated to exceed the
recommended thresholds of significance. Therefore, the proposed project would not result in any
significant increase in criteria pollutants or contribute to an existing air quality violation or exceed an
SCAQMD threshold. Additionally, the proposed project would be required to comply with all
applicable rules to minimize construction impacts. Therefore, project operational emission impacts
would be less than significant.
The SCAQMD thresholds of significance represent the allowable amount of emissions each project
can generate without generating a cumulatively considerable contribution to regional air quality
impacts. Therefore, a project that would not exceed the SCAQMD thresholds of significance an a
'c City of Orange.2018-Billboard Ordinance Update Project,November 7.
32 r Vv.c.n. am...fiisMrvo.Jo
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft initial Study/Mitigated Negative Declaration Environmental Evaluation
project level also would not be considered to result in a cumulatively considerable contribution to
these regional air quality impacts. As described above, the proposed project is not expected to result
in a cumulatively considerable net increase of any criteria pollutant. Therefore, cumulative impacts
would be less than significant.
c) Expose sensitive receptors to substantial pollutant concentrations?
Less than significant impact. Sensitive receptors are defined as schools, hospitals, resident care
facilities, daycare centers, or other facilities that may house individuals with health conditions that
would be adversely impacted by changes in air quality. The nearest sensitive receptors to Billboard 1,
which is the only billboard currently eligible for digitization, are located approximately 420 feet to
the north and northeast of the billboard. Sensitive receptors nearest to other existing billboards
include a residential multi-family housing complex located approximately 100 feet northwest of
Billboard 5 and 250 feet west of Billboard 4. Furthermore, as indicated in Table 1, residential
development is located within 300 feet of Billboards 2 and 3. No residential development is located
within 500 feet of Billboard 5.
Because of the limited amount of construction equipment associated with the potential conversion of
Billboard 1 to a digital display, health risks during upgrade activities would be less than significant. In
addition,the proposed project would be required to comply with all applicable SCAQMD rules to reduce
impacts associated with upgrade and removal activities. Ongoing operation of the proposed project
would require minimal maintenance activities (e.g., painting, face panel upgrades, and safety checks),
similar to existing conditions, and these activities would not expose sensitive receptors to substantial
pollutant concentrations.As such, impacts would be less than significant.
d) Result in other emission (such as those leading to odors) adversely affecting a substantial
number of people?
Less than significant impact. Although the proposed code amendments would not directly result in
emissions of objectionable odors or fumes, diesel exhaust and volatile organic compounds (VOCs)
from diesel engines would be emitted during potential replacement of Billboard I. The duration of
these activities would be short (one to two days at the billboard location), emissions would disperse
rapidly from the billboard location, and diesel exhaust odors Would be consistent with existing
vehicle odors in the area. The proposed project would not be a source of odor during operations.
Considering this information, implementation of the proposed code amendments, potentially
converting Billboard 1 to a digital display, possible relocation of Billboard 1, and operation of the
billboards would not create objectionable odors affecting a substantial number of people; therefore,
impacts would be less than significant:
Mitigation Measures
None required.
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City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation significant No
Environmental Issues Impact Incorporated Impact Impact
2.4 Biological Resources
Would the project:
a) Have a substantial adverse effect,either directly or ❑ ® ❑ ❑
through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans,policies,or
regulations, or by the California Department of
Fish and Game or U.S.Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian ❑ ❑ ❑
habitat or other sensitive natural community
identified in focal or regional plans, policies, and
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on State or ❑ ❑ ❑ M
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of ❑ ❑ ❑
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of wildlife nursery sites?
e) Conflict with any local policies or ordinances ❑ ❑ ❑
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted ❑ ❑ ❑
Habitat Conserva ion Plan, Natural Community
Conservation Plan, or other approved local,
regional,or State habitat conservation plan?
Environmental Evaluation
Would the proposed project:
a) Have a substantial adverse effect, either directly or through habitat modifications,on any species
identified as a candidate,sensitive, or special status species in local or regional plans, policies,or
regulations,or by the California department of Fish and Game or U.S. Fish and Wildlife Service?
Less than significant impact with mitigation incorporated. The proposed project is not anticipated
to have direct or indirect impacts on special-status plants or wildlife and is not anticipated to have a
substantial adverse effect, either directly or through habitat modifications, on any species identified
34 1 n+IFN-+N)\UI1%c'Iti]55\Is ND\Mt�,75 Ciry of Tug NOCDOe A",i hd. is IWNUAd
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations,
or by the California Department of Fish and Wildlife (CDFW) or United States Fish and Wildlife
Service (USFWS).
The existing billboard locations are currently developed. Only one mature tree is located near Billboard
1. Additional mature trees are located on adjacent parcels near the existing billboard locations, and
these trees could potentially provide cover, foraging, and nesting habitat for resident and migratory
birds that have adapted to urban areas, such as mourning doves (Zenaida macroura) and killdeer
(Charadrius vociferus). In addition, birds may be found nesting within the sign structure itself.
These species are protected by the Migratory Bird Treaty Act (META) and the California Fish and
Game Code (Fish and Game Code §§ 3503, 3503.5, 3513, and 3800), which render it unlawful to
"take" native breeding birds and their nests, eggs, and young. The California Fish and Game Code
defines "take" for purposes of all of these statutes as "to hunt, pursue, catch, capture, kill, or
attempt to hunt, pursue, catch, capture, or kill."17 The proposed project could result in direct impacts
on nesting and/or breeding birds if billboard conversion or relocation activities occur during the
nesting/breeding bird season and birds are nesting within the billboard parcel and/or the immediate
vicinity at that time. Temporary direct impacts on nesting/breeding birds could occur from increased
noise, vibration, and dust during billboard conversion and relocation, which could adversely affect
the breeding behavior of some birds and lead to the loss (take) of eggs and chicks, or nest
abandonment. Impacts on nesting birds would be considered potentially significant and must be
avoided to comply with the META and California Fish and Game Code. Implementation of MM BI0-1
is required to avoid, eliminate, or reduce direct impacts on nesting/breeding birds and ensure that
such impacts are less than significant. With the implementation of MM BIO-1, impacts would be less
than significant.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community
identified in local or regional plans, policies, and regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
No impact. Implementing the proposed code amendments would not directly affect any riparian or
sensitive habitats. The six existing billboards are located in heavily developed, urbanized areas with
little natural and no sensitive habitats, including wetland or riparian habitats. As such, the
digitization and/or relocation of Billboard 1 would not directly affect any riparian or sensitive
habitats. Therefore, no impacts on any riparian habitat or other sensitive natural community
identified in local or regional plans, policies, and regulations or by the CDFW or USFWS would occur.
'7 California Legislative Information.Fish and Game Code.Division 0.5.General Provisions and Definitions,Chapter 1.General
Definitions,86.website.http://Ieginfo.legislature.ca,gov/faces/codes_display5ection.xhtml?sectionNum=85.&IawCode=FGC.
Accessed October 7,2029.
YAl.b.—t ,wv D%101 c C,:,arks=.,,coag�m dmz ,isnirvn.do 35
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
c) Have a substantial adverse effect on State or federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
No impact. The existing billboards are located within urban developed environments that have little
natural habitat and no sensitive habitats nearby. No State or federally protected wetlands exist near
the existing billboard locations. Therefore, no impacts on State or federally protected wetlands
would occur as a result of implementing the proposed code amendments.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife corridors, or impede the use of
wildlife nursery sites?
No impact. There are no wildlife nurseries or wildlife movement corridors on or near the existing
billboard locations. The existing billboard locations are heavily developed urban lands near major
freeways; therefore, no impacts to migratory wildlife corridors or wildlife nursery sites would result
from implementing the proposed code amendments.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance?
No impact. The proposed code amendments and the potential future billboard upgrade or
relocation activities would not require the removal of trees, and the proposed project would not
conflict with any local policies or ordinances protecting biological resources; as such, no impacts
would occur.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan,or other approved local, regional, or State habitat conservation plan?
No impact. Orange County has a number of Habitat Conservation Plans (HCPs) and two Natural
Community Conservation Plans (NCCPs). None of the existing billboard locations are located within
the HCP or NCCP areas.18'19 Furthermore, the existing billboard locations are located within an
established urban community and along major freeways with little to no natural habitat.
Implementation of the proposed code amendments and the potential replacement or removal of
existing billboards would not conflict with the provisions of an adopted HCP, NCCP, or another
approved local, regional, or state habitat conservation plan. According to the County of Orange
General Plan, the existing billboard locations are not located within a designated Open
Space/Conservation Area.2' According to the City of Tustin General Plan, the existing billboard
locations are located within the PCESP and the RHASP areas, which are designated for urban
1s California Department of Fish and wildlife(CDFW),2015.Conservation Plans By Species,Website:
https://nrni.dfg.ca.gov/FileHar)dler.ashx?DocumentlD=108719&inline.Accessed August 13,2019,
L9 California Department of Fish and Wildlife(CDFW) 2017.Summary of Natural Community Conservation Plans(NCCps).website:
https://nriii.dfg.ca.gov/FileHa ndler.ashx?Docurrenti D-15329&ir line.Accessed August 13,2019.
20 County of Orange General Plan.2005.Resources Element.Website.
https://www.ocgov.com/civicax/filebank/blobdIoad.aspx?blobid=40235,Accessed August,13 2019
36 1 Vpr La,i i_'i SPH-:ra1� ���ooi�wsusw�N�1�� c r r�i�-1,--d-15 ANo.d—
City of Tustin
Freeway Adjacent Digital Display Billboards ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
development.21 As such, project implementation would not conflict with the provisions of an
adopted HCP, NCCP, or other approved local, regional,or State HCP.
MM 810-1 In the event that billboard replacement or relocation should be scheduled to occur
between September 1 and January 31, the billboard owner shall retain a qualified
biologist to conduct pre-construction surveys for nesting birds within a 250-foot
radius of the existing billboard location to ensure that no active nests will be
disturbed during project implementation. This survey shall be completed no more
than three days prior to the initiation of replacement or relocation activities during
nesting season. During this survey, the biologist will inspect the existing billboard
and other possible nesting habitats within 250 feet of the existing or replacement
billboard locations for nests. If an active nest is found within the 250-foot survey
area, the biologist will determine the extent of a buffer zone to be established
around the nest, largely dependent on current site conditions (typically 250 feet), to
ensure that raptor or migratory bird nests will not be disturbed during billboard
replacement or relocation. Prior to the commencement of construction activities
and the issuance of any permits, the City of Tustin Community Development
Department shall verify that all project construction plans include specific notes
regarding the requirements of the Migratory Bird Treaty Act (MBTA), that
preconstruction surveys have been completed and the results reviewed by staff, and
that the appropriate buffers (if needed) are noted on the site plans.
`1 City of Tustin.2018.General Plan Land Use Element,Figure LU-4.website:https://www.tustinca.org/DacumentCenter/View/713.
Accessed August 13,2015.
Y.`puhllcaWuns�alent(PN-IW�40014\W14Q025�1SMN� 19C0�5 City&Tust4n Cade Amendme [SWId— 37
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.5 Cultural Resources and Tribal Cultural Resources
Would the project:
a) Cause a substantial adverse change in the ❑ ❑
significance of a historical resource as pursuant
to Section 15064.5?
b) Cause a substantial adverse change in the ❑ ❑ ❑
significance of an archaeological resource
pursuant to Section 15064.5?
c) Disturb any human remains, including those ❑ ❑ ® C]
interred outside of formal cemeteries?
Would the project cause a substantial adverse change in the significance of a tribal cultural resource,
defined in Public Resources Code Section 21074 as either a site,feature, place, cultural landscape that is
geographically defined in terms of the size and scope of the landscape, sacred place, or abject with
cultural value to a California!Native American tribe, and that is:
d) Listed or eligible for listing in the California ❑ ❑ ❑
Register of Historical Resources, or in a local
register of historical resources as defined' in
Public Resources Code Section 5020.1(k),or
e) A resource determined by the lead agency, in its ❑ ❑ Z ❑
discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1. In applying the criteria set
forth in subdivision (c) of Public Resource Code
Section 5024.1, the lead agency shall consider
the significance of the resource to a California
Native American tribe.
Environmental Evaluation
Cultural Resources
Would the proposed project:
a) Cause a substantial adverse change in the significance of a historical resource as pursuant to
Section 15064.5?
No impact. The proposed project includes the implementation of the proposed code amendments
and the potential digital upgrade and relocation of Billboard 1. This billboard could also potentially
be relocated to the western corner of the property. Ground disturbance associated with moving
Billboard 1 from the center of the property to the corner of the property may be required; however,
based on the urbanized nature of the affected parcel, no impacts to historical resources are
38 Y:\PublicatlonsNOl tJFN-AJJODANO OD25�15MNb�oi1 z5 City al'Tustin Cade Amendments 15MNa.dna
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation
anticipated. The Code of Federal Regulations (CFR), Title 36, sets forth policies related to Parks,
Forests, and Public Property. Under 36 CFR 60, a property would potentially be recommended for
possible inclusion on the National Register of Historic Places if it is at least 50 years old.
The results of the South Central Coastal Information Center (SCCIC) records search shows that one
resource has been recorded within 0.5 mile of the project site, This resource is not located within the
site itself. Based on a review of historic aerial photographs obtained online, the SR-55 freeway and
surrounding areas were developed between 1963 and 1972. Furthermore, based on aerial
photographs, Billboard 1 was constructed between 1972 and 1980. A structure was previously
located adjacent to Billboard 1 between at 1963 and 1994; however, the structure was removed to
the concrete foundation prior to 2002. Although the billboard remained on the property, based on
the apparent date of construction, the structure could not be greater than 50 years old. As such,
project implementation would not introduce new impacts on any existing historic resources.
Therefore, no impact would occur.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to
Section 15064.5?
No impact. Records search results from the SCCIC indicate that one resource has been recorded
within 0.5 mile of the project site. No prehistoric resources were recorded within the project site.
Due to the nature of the urbanized land and the present condition of the existing billboard locations,
upgrading Billboard 1 to a digital display would not be anticipated to impact cultural or
archaeological resources. Should Billboard 1 be relocated on-site, the limited ground disturbance
associated with potential billboard relocation would not be anticipated to impact cultural or
archaeological resources. The proposed project would therefore not cause adverse change in the
significance of an archaeological resource as defined in Section 15064.5 of the CEQA Guidelines.
Therefore, no impact would occur.
C) Disturb any human remains, including those interred outside of formal cemeteries?
Less than significant impact. As discussed in Impacts 2.5(a) and 2.5(b), the existing billboards are
located on developed properties that are previously disturbed and generally covered with concrete,
asphalt, and/or buildings. Billboard 1 may be potentially upgraded to a digital display billboard. This
billboard could also potentially be relocated to the western corner of the property, which would
require limited ground disturbance such as the drilling of deep footings for the replacement
billboard foundations. However, since the property is previously disturbed and denuded and mostly
covered with concrete and asphalt, was developed with a structure prior to 2002, and was
developed with agricultural land prior to 1952, this limited ground disturbance would not be
anticipated to expose or disturb human remains.
In the unlikely event of discovery of human remains during the replacement and/or relocation of
Billboard 1, the City would be responsible for compliance with California Health and Safety Code
Section 7050.5 and CEQA Guidelines Section 15064.5, California Health and Safety Code Section
7050.5 requires that in the event that human remains are discovered on a project site, disturbance
of the site shall halt and remain halted until the coroner has conducted an investigation into the
Y'\P,dli—i...\Cl- Q=5 CITY o;T,,stln Code Am d iS.vlup 1. 39
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
circumstances, manner, and cause of any death, and the recommendations concerning the
treatment and disposition of the human remains have been made to the person responsible for the
excavation, or to his or her authorized representative. If the coroner determines that the remains are
not subject to his or her authority and if the coroner recognizes or has reason to believe the human
remains to be those of a Native American, he or she shall contact, by telephone within 24 hours,the
Native American Heritage Commission. The proposed project would comply with existing laws and
regulations pertaining to the inadvertent discovery of human remains. Compulsory adherence to this
law would ensure that impacts related to the inadvertent discovery and/or disturbance of human
remains are less than significant.
Tribal Cultural Resources
Would the proposed project cause a substantial adverse change in the significance of a tribal cultural
resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural
landscape that is geographically defined in terms of the size and scope of the landscape, sacred
place, or object with cultural value to a California Native American tribe, and that is:
d) Listed or eligible for listing in the California Register of Historical Resources,or in a local register
of historical resources as defined in Public Resources Code Section 5020.1(k),or
No impact. In order for a property or structure to be listed within the California Register of Historicai
Resources,the property or structure must be:
• Associated with events that have made a significant contribution to the broad patterns of local
or regional history orthe cultural heritage of California or the United States(Criterion 1).
• Associated with the lives of persons important to local,California or national history(Criterion 2).
• Embody the distinctive characteristics of a type, period, region or method of construction or
represent the work of a master or possess high artistic values(Criterion 3).
• Have yielded, or have the potential to yield, information important to the prehistory or history
of the local area, California or the nation (Criterion 4).
The existing billboard locations do not satisfy any of the eligibility requirements to be listed as a
Historical Resource. Similarly, the existing billboards are not listed in a local register of historical
resources. Furthermore, based on a review of aerial photographs, none of the existing billboards are
old enough to be considered cultural or historical resources in and of themselves. As such, no
impacts would occur.
40 V'�PIb11c Ilan,\Cl-t�PNANJ\CC19\CC%025N15MND\WT 90025 City of TustinCodeAmmdm,IMt5MN9,d—
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft initial Study/Mitigated Negative Declaration Environmental Evaluation
e) A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources
Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code
Section 5024.1, the lead agency shall consider the significance of the resource to a California
Native American tribe.
Less than significant impact. All of the existing billboards in Tustin are located in heavily urbanized
areas and no ground disturbance would be required to upgrade Billboard 1 to a digital display.
However, limited ground disturbance would be required if Billboard 1 were to be relocated to the
corner of the property on which it Currently exists. As discussed in Impact 2.5(d), the billboards do
not satisfy the requirements to be considered a historical resource of significant value and the
potential replacement of Billboard 1 would not interfere with any known Native American cultural
resources. As such, impacts would be less than significant.
Mitigation Measures
None.
�:VPU64caliansVCient iPN-1�11VC0I?1dU.`.'�0'.5\I_M1�NCVCN]"nd?S U!,0 Ts.lin C..d=R—nd—ln ISM NLd.. �� 41
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation significant No
Environmental Issues Impact Incorporated Impact Impact
2.6 Energy
Would the project:
a) Result in potentially significant environmental ❑ ❑ ® ❑
impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation?
b) Conflict with or obstruct a State or local plan for ❑ ❑ ® ❑
renewable energy or energy efficiency?
Environmental Evaluation
Would the proposed project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,during project construction or operation?
Less than significant impact. The following discusses the potential energy demands from
construction activities associated with the potential conversion of one digital billboard. Operational
energy uses associated with the operation of one potential digital display billboard are also
addressed in this section.
Short-Term Construction
Although the proposed code amendments do not specifically require energy expenditures, indirect
consequences include the use of construction equipment and vehicle fuels during the potential
billboard relocation activities. These temporary demands for energy would depend on the ultimate
disposition of Billboard 1, which may potentially be relocated to the corner of the property on which
it currently exists.
The use of energy resources by construction equipment and vehicles would fluctuate according to
the phase of construction and would be temporary. Upon completion of the potential upgrade
and/or relocation activities, all construction activities would cease. Furthermore, the construction
contractors are required to minimize non-essential idling of construction equipment during
construction in accordance with Section 2449 of the California Code of Regulations, Title 13, Article
4.8, Chapter 9."Such required practices would limit wasteful and unnecessary energy consumption.
While electric-powered construction equipment could be used, it is anticipated that the equipment
would be generally limited to hand tools (e.g., power drills) and lighting, which would result in
minimal electricity demands. Furthermore, it is not anticipated that construction activities would
South Coast Air Quality Management District(SCAQMD).2014,Section 2449 of the California Code of Regulations,Title 13,Article
4.8,Chapter 9.Accessed:October 7,2019,Website:http://www.agmd.gov/docs/default-source/rule-book/reg-xxly/rule-2449.pdf
42 rw�hn.a,ge�e,t r 7.1,_11JI I:M-NU aal
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation
require use of natural gas-powered equipment. Therefore, overall, it is expected that construction
fuel associated with upgrading and possibly relocating Billboard 1 would not be any more inefficient,
wasteful, or unnecessary than similar projects and impacts would be less than significant with
respect to construction-related energy demands.
Long-Term Operation
Due to the nature of the proposed project, its operation would not generate demand for natural gas
and transportation energy. However,the potential upgrade of Billboard 1 to a digital display billboard
would create additional demands for electricity to account for lighting of the digital sign, Southern
California Edison (SCE) provides electric service to the City of Tustin, including the existing billboard
locations. The specific quantity of energy used by the new billboard would be dependent upon the
size and brightness of the display.
Operation of digital display billboards would comply with the California Code of Regulations Title 24,
Part b, Section 148a and 148b, the Federal Code of Regulation FCC Part 15 regulations for Class A
devices, the Underwriters Laboratories, Inc. (UL) Standards for Electric Signs (UL 48), and UL Energy
Efficiency Verified (Green Leaf Certification). Thus, operation of a new digital display billboard would
not result in inefficient, wasteful, or unnecessary consumption of energy during operation. The
proposed project would not result in a significant impact related to electricity, natural gas, or motor
vehicle transportation energy during operation.
b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency?
Less than significant impact. The State's electricity grid is transitioning to renewable energy under
California's Renewable Energy Program. Renewable sources of electricity include wind, small
hydropower, solar, geothermal, biomass, and biogas. Electricity production from renewable sources is
generally considered carbon neutral. Executive Order S-14-08,signed in November 2008, expanded the
state's renewable portfolios standard (RPS)to 33 percent renewable power by 2020. This standard was
adopted by the legislature in 2011 (SB X1-2). Senate Bill (SB) 350 (de Leon) was signed into law
September 2015 and establishes tiered increases to the RPS-40 percent by 2024, 45 percent by 2027,
and 50 percent by 2030. SB 350 also set a new goal to double the energy-efficiency savings in
electricity and natural gas through energy efficiency and conservation measures. On September 10,
2018, SB 100 was signed and raised California's RPS requirements to 60 percent by 2030, with interim
targets, and 100 percent by 2045.The Bill also established a state policy that eligible renewable energy
resources and zero-carbon resources supply 100 percent of all retail sales of electricity to California
end-use customers and 100 percent of electricity procured to serve all state agencies by December 31,
2045. Under SB 100, the State cannot increase carbon emissions elsewhere in the western grid or allow
resource shuffling to achieve the 100 percent carbon-free electricity target. The proposed new digital
display billboard would not conflict with any State or local plans for renewable energy or energy
efficiency. As such, impacts would be less than significant.
Mitigation Measures
None required.
YII.,I IFN r;1 C_'-I O�Q(I SCJ 1�]'2S l.I, 1:1 A,Ar-d-i,ISM NP 10 43
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.7 Geology and Soils
Would the project:
a) Directly or indirectly cause potential substantial adverse effects,including the risk of loss,injury, or death
involving:
i) Rupture of a known earthquake fault, as ❑ ❑ ❑
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault?Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? ❑ ❑ z
iii) seismic-related ground failure, including ❑ ❑ ❑
liquefaction?
iv) Landslides? ❑ ❑ z ❑
b) Result in substantial soil erosion or the loss of ❑ ❑
topsoil?
c) Be located on a geologic unit or soil that is unstable,or ❑ ❑ ❑
that would become unstable as a result of the project,
and potentially result in on-or off-site landslide,lateral
spreading,subsidence, liquefaction or collapse?
d) Be located on expansive soil,as defined in Table 18-1- ❑ ❑
B of the Uniform Building Code(1994),creating
substantial direct or indirect risks to life or property?
e) Have soils incapable of adequately supporting the ❑ ❑ ❑ z
use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
f) Directly or indirectly destroy a unique paleontological ❑ ® [] ❑
resource or site or unique geologic feature?
44 Y.�PobllcsticnsSCRent City of TUSI In Code Amendments l5MNU.doa
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
Environmental Evaluation
Would the proposed project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of foss, injury
or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special
Publication 42.
No impact. None of the existing billboards are located within the vicinity of any Alquist-Priolo
Earthquake Fault Zone. To ensure the potential billboard upgrade and possible relocation activities
are conducted safely, construction and design would be undertaken using standard engineering and
seismic safety design techniques in accordance with the most recent California Building Standards
Code. As such, there would be no impacts related to potential rupture of a known earthquake fault.
ii) Strong seismic ground shaking?
Less than significant impact. The existing billboards are all located within a seismically active region
and strong shaking would be expected during the lifetime of the proposed project, which could
damage future improvements on the sites and expose people to injury. To avoid or minimize potential
damage from seismic shaking and liquefaction, upgrade of Billboard 1, as well as the possible on-site
relocation of this billboard, would be implemented using standard engineering and seismic safety
design techniques in accordance with the 2016 California Building Standards Code. Compliance with
existing standards and codes would ensure that impacts related to seismic ground shaking Would be
less than significant.
iii) Seismic-related ground failure,including liquefaction?
Less than significant impact. The existing billboards are located in a State designated liquefaction
zone; however, none of the billboards are intended for human occupancy." Although Billboard 1 is
identified within a potential liquefaction hazard zone, no structures designed for human occupancy
are currently located near the site. While the property may be developed for commercial or
industrial uses in the future, the current and potential future position of the billboard would be such
that potential impacts to life or property would be minimal. Therefore, liquefaction-related impacts
are considered less than significant.
iv) Landslides?
Less than significant impact. The billboards are located on relatively level ground and are not near
significant slopes at risk of landslides. Furthermore, the proposed project would not construct
structures intended for human occupancy. Therefore, impacts would be less than significant.
1
3 California Geologic Survey,2001,Earthquake Zones of Required Investigation Tustin Quadrangle.Website:
http://gmw.conservatien.ca,gov/SHE/EZRIM/Maps/TUSTIN_EZRIM pdf.Accessed October 3,2019.
IkP,nI-,� rPu isnarantao i swan o 1y or TIS r„e, n 45
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards ordinance
Environmental Evaluation Draft initial5tudy/Mitigated Negative Declaration
b) Result in substantial soil erosion or the loss of topsoil?
Less than significant impact. Implementation of the proposed code amendments could result in the
replacement and relocation of Billboard 1. Although Billboard 1 may potentially be relocated to the
corner of the property, earthwork would be minimal. The limited earthwork associated with
replacing and possibly relocating Billboard 1 would be performed in compliance with local and State
building requirements and is not expected to result in substantial soil erosion or the loss of topsoil.
Impacts are therefore considered less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result
of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
Less than significant impact. The potential conversion of Billboard 1 to a digital display and the
possible relocation of Billboard 1 on-site would be completed in accordance with the most recent
California Building Standards Code. As such, the proposed project would comply with all State and
local building and safety regulations. Therefore, impacts associated with unstable geologic units
would be less than significant.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life or property?
Less than significant impact. The proposed project would not construct structures intended for
human occupancy, which precludes substantial risks to life as a result of expansive soils. According to
the Natural Resources Conservation Service Soil Maps Billboard 1 is located atop a soil classified as
Chino silty clay loam, drained.24 According to the Soil Survey of Orange County and the western part
of Riverside County, California, the Chino series of soils is identified as a suitable soil for row crops
and urban development.25 According to the City of Tustin General Pian, Policy 8.5, all applications for
building permits are reviewed for hazards associated with expansive soils prior to acceptance.
Furthermore, the proposed project would be compliant with all applicable State and local
requirements. Therefore, impacts associated with expansive soils are considered less than significant
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for the disposal of wastewater?
No impact.The proposed code amendments and potential billboard modifications would not include
the use of wastewater disposal systems or septic tanks. Therefore, no impacts related to such
features would occur.
United States Department of Agriculture(USDA) Natura€Resources Conservation Service.2019.Website.
https://websGilsurvey.sc.egov.isda.gov/App/WebSoiISurvey.aspx.Accessed October 3,2019
Jahn K.Wachtell.1978.United states Department of Agriculture Soil Conservation Service and Forest Service.Soil Survey of Orange
County and Western Part of Riverside County,California.Website:
https://www.nres.Lisda.gov/Internet/FSE_MANUSCRIPTS/californi2/CA678/0/orange.pdf.Accessed October 3,2019,
46 Y'�Pv Leal %C',t(PN-IM I%M]T 197D75\15N1N01C,1 1.5)021_Iry of I,,-Co&Amerdmx ICMNo.J..
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft initial Study/Mitigated Negative Declaration Environmental Evaluation
fj' Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
Less than significant impact. According to the paleontological records search response received
from the Natural History Museum of Los Angeles County, there are no vertebrae localities that lie
directly within the project boundaries (Appendix B). However, there are localities nearby from the
same sedimentary deposits that occur in the proposed project area, either at the surface or at
depth. Geologic mapping concluded that the entire project area and vicinity consist of younger
terrestrial Quaternary Alluvium, derived primarily as alluvial fan deposits from the hills of the Santa
Ana Mountains to the east, broadly via the Santa Ana River that currently flows to the west. These
younger Quaternary deposits typically do not contain significant vertebrate fossils, at least in the
uppermost layers, but are underlain by older Quaternary deposits at varying depths that do contain
significant vertebrate fossils. Vertebrate fossil localities LACM 1.139, LACM 4219, and LACM 7867
were identified in areas surrounding the project site.
The paleontological records search states that grading or shallow excavation in the uppermost few feet
of the younger Quaternary alluvial sediments exposed throughout the project area are unlikely to
uncover significant fossii vertebrate remains. Deeper excavations that extend down into the older
Quaternary sediments could possibly encounter significant vertebrate fossils. As such, implementation
of MM GEO-1 is required to reduce potential impacts to paleontological resources or unique geologic
features to a less than significant level. With implementation of MM GEO-1, potential impacts to
paleontological resources or unique geologic features would be less than significant.
Mitigation Measures
MM GEO-1 Any ground-disturbing activities associated with project activities shall be monitored
closely by a certified paleontologist to quickly and professionally recover any fossil
remains discovered while not impeding development.
Should any soils be excavated to provide for a digital display billboard support or to
assist in relocating Billboard 1 on-site, all removed sediments shall be collected and
professionally processed to determine the small fossil potential. Any fossils
recovered during mitigation shall be deposited in an accredited and permanent
scientific institution for the benefit of current and future generations.
'f,1�[:IicaYian:4rli.yt(Pnl-INI�d�!410G1 _�51�MNO��G1a�Vli�111 a!T1Y11 Code trti.noment.I.MIVL'.d 47
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial5tudy/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.8 Greenhouse Gas Emissions
Would the project:
a) Generate greenhouse gas emissions, either ❑ ❑ ® ❑
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict wlth any applicable plan, policy or ❑ ❑ ® ❑
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
Environmental Evaluation
Would the proposed project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant
impact on the environment?
Less than significant impact. Projects generate greenhouse gas (GHG) emissions during construction
and operation (e.g., mobile emissions, emissions from generation of electricity for operations,
emissions from the transport of materials). This analysis is restricted to GHGs identified by Assembly
Bill (AB) 32, which include carbon dioxide (CO2), methane, oxides of nitrogen (NOx),
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
The SCAQMD GHG Working Group recommended interim GHG significance thresholds to review
project impacts. Although these thresholds are still "interim" thresholds at the time of this analysis,
the thresholds represent the most applicable thresholds supported by substantial evidence. These
thresholds are also widely accepted by lead agencies in the region and by the SCAQMD.
If implementation of the proposed project results in billboard replacement or relocation activities,
GHG emissions may be generated by construction activities such as the operation of construction
vehicles, material hauling, and construction worker vehicle trips. These emissions would be
considered short-term in duration. Based on a review of a recent similar billboard ordinance update
completed for the City of Orange in 2018, construction emissions related to upgrade and relocation
activities were estimated using California Emissions Estimator Model (CalEEMod) version 2016.3.2.
That analysis showed that GHG emissions were estimated to be 5 metric ton (MT) carbon dioxide
equivalent(CO2e)for one billboard removal and 1 MT COTe generated for one billboard replacement.
It is therefore reasonably foreseeable that the potential upgrade and possible relocation of Billboard
1 would not result in GHG emissions in excess of local and State regulations.
Operational or long-term GHG emissions occur over the life of a project. Motor vehicle, water, and
waste sources of GHG emissions would be negligible during operation of the proposed project (i.e.,
48 .1-b1 r naaler,t IPIN%IalIIWII-a077\15 nNelroI W,�ozs;ii,orri,a1,Cd,a.dm r.r,1-WNC,a,t
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
the ongoing operation of up to two digital display billboards). Digital display billboards
(programmable electronic signs) are subject to energy efficiency requirements under Title 24 of the
California Code of Regulations. The billboard is required to be dimmable, which would reduce energy
use and GHG emissions associated with the generation of electricity. The proposed digital display
billboard would be illuminated 24 hours per day, 365 days per year. The light levels emitted from the
billboard would be set to adjust based upon ambient light conditions at any given time (i.e.,
nighttime versus daytime). Therefore, Billboard 1, if upgraded to a digital display, would be used for
a total of 8,760 hours per year, which would require the use of approximately 66 megawatt-hours of
electricity annually.
SCE would supply the electrical energy needed to illuminate Billboard 1. Based on an estimated 66
megawatt-hours of electricity use annually, the proposed replacement digital display billboard would
be expected to generate 21 MT CO2e per year.
The project's potential replacement and possible relocation activities and operational GHG emissions
would not exceed the recommended threshold of 3,000 MT COze per year, and, therefore, GHG
impacts related to the operation of the proposed project would be less than significant.
b) Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
Less than significant impact. The proposed project is subject to State, regional, and local plans,
policies, and regulations adopted for the purpose of reducing GHG emissions. Projects that are
inconsistent or that conflict with the applicable plans would result in a significant project and
cumulative impact unless mitigation was available to eliminate the inconsistency or conflict.
The ARB Scoping Plan contains measures designed to reduce the State's emissions to 1990 levels by
the year 2020 to comply with AB 32. The Scoping Plan states, "[t]he 2020 goal was established to be
an aggressive, but achievable, mid-term target, and the 2050 GHG emissions reduction goal
represents the level scientists believe is necessary to reach levels that would stabilize climate.i26 The
Governor signed SB 32 in September 2016, giving the ARB the statutory responsibility to reduce the
GHG emissions to at least 40 percent below the Statewide GHG emissions limit no later than
December 31, 2030. The 2017 Climate Change Scoping Plan Update addressing the SB 32 targets was
adopted on December 14, 2017.
The City of Tustin has not adopted a GHG reduction plan applicable to new development projects.
Since no other applicable local or regional Climate Action Plan is in place, the proposed project is
assessed for its consistency with the ARB adopted Scoping Plan.
The ARB Scoping Plan identifies recommended measures for multiple GHG emission sectors and the
associated emission reductions needed to achieve the year 2020 emissions target—each sector has a
different emission reduction target. Most of the measures target the transportation and electricity
sectors. There are several implementation action items related to energy, most of which relate to
2° California Air Resources Board(ARB).2009.Initial AB32 Climate Change Scoping Nan L)ocument.Website,
https://ww3.arb.ca.gov/cc/scopingppan/document/adopted_scoping_plan.pdf,Accessed August 12,2019.
w or a o;icr :(PN,Nh%DO'3\00I=sV110NCtac±Mcvoi,�+Ie,t,cc,deAm dme 5MIND d— 49
City of Tustin
Environmental Checklist and freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
energy use in commercial or residential buildings. None of the implementation action items would
be directly applicable to the upgrade of a billboard from a traditional face to an LED face and
operation of the LED billboard. As such,the proposed project would not significantly hinder or delay
the State's ability to meet the reduction targets contained in A8 32 and SB 32, or conflict with
implementation of the Scoping Plan.
As discussed in Impact 2.8(a), the proposed project would not generate substantial GHG emissions
during either construction or operations. For the reasons discussed above, the proposed project
would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing
the GHG emissions. As such, impacts would be less than significant.
Mitigation Measures
None required.
so 1!�Pubkicatlans�Ctfent UO dTustin Code Amendments ISMN6.doo
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft initial5tudy/Mitigated Negative Declaration Environmento!Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental issues Impact Incorporated Impact Impact
2.9 Hazards and Hazardous Materials
Would the project:
a) Create a significant hazard to the public or the El 0 ® ❑
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the ❑ ® ❑ ❑
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous ❑ ® ❑ ❑
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list of ❑ ❑ ® ❑
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result,would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use ❑ ❑ 0
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard or excessive noise for people
residing or working in the project area?
f) Impair implementation of or physically interfere ❑ ❑ ❑ M
with an adopted emergency response plan or
emergency evacuation plan?
g) Expose people or structures, either directly or ❑ ❑ ❑
indirectly to a significant risk of loss, injury or
death involving wildland fires?
Environmental Evaluation
Would the proposed project:
a) Create a significant hazard to the public or the environment through the routine transport, use,
or disposal of hazardous materials?
Less than significant impact. Implementation of the proposed code amendments would not create a
significant hazard since no hazardous materials would be utilized or transported in order to revise
the Tustin City Code. However, the potential upgrade and/or relocation of Billboard 1 with a digital
e:lvunncarro kdiene(PWAIX001 DOIMonVSNINOSCU1900zs City nrT.�in Cade Am dm ne ISMNa.dn 51
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft lnitial5tudy/Mitigated Negative Declaration
display billboard located within the freeway corridors of the 1-5 and SR-55 freeways may involve the
use, transport, and disposal of hazardous materials such as gasoline, diesel fuel, lubricating oil,
hydraulic oil, lubricating grease, automatic transmission fluid, paints, solvents, glues, and other
substances commonly used during construction and demolition. Any handling of hazardous materials
would be limited in both quantity and concentrations. Furthermore, all potential upgrade and
relocation activities would be required to conform to Title 49 of the Code of Federal Regulations,
United States Department of Transportation (USDOT), State of California, and local laws, ordinances,
and procedures.
Operation of the new digital display billboard would require sporadic maintenance by a negligible
number of workers and trucks, and would not involve the use of any hazardous materials with the
potential to significantly impact the public. Therefore, with adherence to applicable State, local, and
federal requirements, impacts related to the routine transport, use, or disposal of hazardous
materials would be less than significant.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment?
Less than significant impart with mitigation incorporated. The four existing nonconforming
billboards would not be eligible for upgrade to digital display; therefore, no new hazards would be
created. Billboard 1 may potentially be upgraded and possibly relocated on-site. Disposal of the
Billboard 1 structure would comply with local and State regulations. Some of the existing billboard
structures may have been constructed in the 1970s and, therefore, could contain asbestos-
containing materials and/or lead-based paint. However, the impacts related to asbestos-containing
materials and lead-based paint would be less than significant through compliance with local and
State regulations and with the implementation of MM HAZ-1, which includes measures to reduce
potential impacts to construction workers associated with lead-based paint or other hazardous
building materials. With implementation of MM HAZ-1, impacts would be less than significant.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school?
Less than significant impact with mitigation incorporated. Jean Thorman Elementary School is
located approximately 0.25 mile east of Billboard 1. The potential replacement and possible
relocation of Billboard 1 would occur within 0.25 mile of a school. As mentioned in Impact 2.8(b),
existing billboards could contain asbestos-containing materials and/or lead-based paint. Adherence
to MM HAZ-1 and all applicable federal, State, and local regulations would mitigate potential impacts
to a less than significant level. Although billboard removal may result in asbestos or lead based paint
waste, construction of a new digital display billboard (Billboard 1) would not require the use of
asbestos or lead based paints and therefore would not impact any nearby sensitive receptors with
regard to hazardous substances.
52 _ T Y:\Publications\{Beni CPN-IN;\0019\00190025\ISMNQ\06190025 City of%ut.C.daAmendmentsISMNOd—
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Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65952.5 and, as a result, would it create a significant hazard to the
public or the environment?
Less than significant impact. According to the California State GeoTracker database maintained by
the California State Water Resources Control Board (State Water Board)27 and the FnviroStor
database maintained by the Department of Toxic Substances Control (DT5C),28 there are eight closed
cases pertaining to past releases of potentially hazardous substances, and one open Leaking
Underground Storage Tank (LUST) case within 500 feet of Billboards 2 through 5. In addition, three
closed LUST cases are identified within 500 feet of Billboard 1. None of the cases appears to be
located on the existing billboard locations, and no regulatory records indicating the presence of
hazardous contamination on the existing billboard locations were identified within the GeoTracker
database. The potential replacement and relocation of Billboard 1 would not require significant soil
disturbance on the subject property and therefore such activities would not create a significant
hazard to the public or the environment. Impacts would be less than significant.
e) For a project located within an airport land use plan or, where such a plan has not been adopted,
within two miles of a public airport or public use airport, would the project result in a safety
hazard or excessive noise for people residing or working in the project area?
No impact. The proposed code amendments do not have a physical location; however, the two
closest airports to the existing billboard locations are John Wayne Airport, located approximately
3.35 miles to the southwest of Billboard 1, and Fullerton Airport, located approximately 12.2 miles to
the northwest of Billboard 3. Based on a review of the John Wayne Airport Land Use Plan, the
billboard locations are not identified within the safety hazard zones surrounding the airport.
Therefore, the distances to the nearest airport safety zones precludes the possibility of the proposed
project resulting in a safety hazard. Therefore, no impacts would occur.
f) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
No impact. The proposed code amendments would allow forthe potential upgrade and relocation of
one billboard that may be digitized. No new billboard locations are proposed as a part of this project.
The existing billboards do not interfere with any adopted emergency response plan or emergency
evacuation plan. As such,the act of potentially upgrading Billboard 1 to a digital display billboard and
possibly relocating it on-site would not interfere with the implementation or physically interfere with
an adopted emergency response plan or emergency evacuation plan. Therefore, no impacts would
occur.
California State Water Resources control Board(State water Board).2019.GeoTracker Database.website:
https://geatracker.waterboards.ca gov/map/?CMD=runreport&myaddress=Red+Hills avenue%2C+tustin+ca.Accessed October 3,2019,
California Department of Toxic Substances Control(DTSC),2019.Envirostor Database.Website
https://www,envirostordtsc.ca.gov/public/map/?myaddress=Red+Hill+Ave%2C+tustin+ca-Accessed October 3,2019,
Y,\'61ia h+5��Iier.r WN iNA001I-r 25 Cr,,OrT,, Amentlm�.��s ijh+ryp,d�cc l^T 53
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft initial5tudy/Mitigated Negative Declaration
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or
death involving wildland fires?
No impact. The proposed project would not expose people or structures to a significant risk of loss,
injury, or death involving wildland fires because there are no wildlands on or near the existing
billboard locations. All of the existing billboards are currently located in heavily urbanized areas of
the City. Furthermore, as stated above in Impact 2.2, Agriculture, no agricultural or forested lands
are identified within the City. Therefore, no impacts would occur.
Mitigation Measures
MM HAZ-1 The following measures shall be implemented in the event of any potential billboard
relocation activities:
In conformance with State and local laws, including California Health and Safety
Code Section 19827.5, a visual inspection and possible sampling shall be completed
prior to the removal of the billboard structures to determine the presence of
asbestos, lead-based paint, or other hazardous building materials.
If this assessment finds presence of such materials, the project applicant shall create
and implement a health and safety plan to ensure workers are not exposed to
contaminants in excess of Occupational Safety and Health Administration (OSHA)
and other applicable State and federal standards and associated risks associated
with hazardous materials during demolition, renovation of affected structures,
transport, and disposal.
In the event of billboard removal activities, all materials containing lead-based paint
shall be removed in accordance with California Occupational Health and Safety
Administration {Cal/OSHA) Lead in Construction Standard, Title 8, California Code of
Regulations 1532.1, including employee training, employee air monitoring and dust
control.
In the event of billboard removal activities, all materials containing asbestos and/or
lead-based paint shall be handled and removed by qualified professionals in
accordance with applicable regulations, including South Coast Air Quality
Management District (SCAQMD) Regulation XIV, Rule 1403; Title 22, California Code
of Regulations, Section 66261.24; Title 8, California Code of Regulations, Section
1532.1.
Any debris or soil containing asbestos lead-based paint or coatings shall be disposed
of at landfills that meet acceptance criteria for the waste being disposed.
54 Ili,r_otle dme eYnien,I ISM IND d—
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Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial 5tudy/Mitigated Negative Declaration Environmental Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impart Impact
2.10 Hydrology and Water Quality
Would the project:
a) Violate any water quality standards or waste ❑ ❑ ® ❑
discharge requirements or otherwise substantially
degrade surface or groundwater quality?
b) Substantially decrease groundwater supplies or ❑ ❑ ❑
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage pattern ❑ ❑ ® ❑
of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces,in a
manner which would:
(i) result in substantial erosion or siltation on- ❑ ❑
or off-site;
(ii) substantially increase the rate or amount of ❑ ❑ ❑
surface runoff in a manner which would
result in flooding on-or off-site;
(iii)create or contribute runoff water which ❑ ❑ ❑
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff;or
(iv)impede or redirect flood flows? ❑ ❑ ❑
d) In flood hazard, tsunami, or seiche zones, risk ❑ ❑ ❑
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a ❑ ❑ ❑
water quality control plan or sustainable
groundwater management plan?
Environmental Evaluation
Would the proposed project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially
degrade surface or groundwater quality?
Less than significant impact. Under the proposed code amendments, one static billboard could be
updated to a digital display (Billboard 1). Applicable construction activities would include removing
the existing copy, removing the existing billboard sections, and removing the metal pieces that
,1v6I I>N-Jp I WJIS9.1J NJ nolao f 9 25 Cit Y o f Tu,tle code Am end ISM'JL.Jo 55
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft initial Study/Mitigated Negative Declaration
attach the sign to the top of the billboard. After removing the static billboard face, Billboard 1 would
be upgraded with an LED face to allow for digital advertisements. It may also be relocated to the
corner of the current site. Limited ground disturbance in the form of drilling new footings for the
possible relocation of Billboard 1 could occur. No ground disturbance would occur at any of the
other existing nonconforming billboard locations.
Although unlikely due to the limited disturbance area associated with the activities described above
and the highly developed status of each billboard location, construction activities could allow surface
water to carry small quantities of pollutants (e.g., oil or fuel used in construction equipment) off-site,
thereby potentially affecting local waterways by degrading water quality. The National Pollutant
Discharge Elimination System (NPDES) requires implementation of Best Management Practices
(BMPs) to minimize impacts to water quality. The California Stormwater Quality Association's
(CASQA) California Stormwater Best Management Practice Handbook (2403), also contains standard,
effective BMPs. Implementation of BMPs would reduce or eliminate any potential water quality
impacts. The potential upgrade and possible relocation activities would include limited construction
activities for short durations (i.e., one to two days at each location) at urban sites, and would not
substantially affect water quality standards. Therefore, impacts to surface or groundwater quality
would be less than significant.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater
recharge such that the project may impede sustainable groundwater management of the basin?
No impact. The proposed project would not utilize groundwater sources, and there would be no need
to drill wells to supply water for the proposed project. The proposed billboard upgrade and possible on-
site relocation would not require the use of groundwater during any phase of construction or operation.
Therefore, no impact would occur regarding the depletion of or interference with groundwater supplies
or recharge.
c) Substantially alter the existing drainage pattern of area, including through the alteration of the
course of a stream or river or through the addition of impervious surfaces, in a manner which
would:
(i) result in substantial erosion or siltation on-or off-site;
No impact. Potential ground disturbance may be required if Billboard 1 is relocated from the center
of the property to the corner of the property nearest the SR-55 freeway. However, this construction
effort would be limited in duration and would not alter drainage patterns on the property. As such,
the potential relocation would not alter existing drainage patterns of the site or area, including
through the alteration of the course of a stream or river, in a manner that would result in substantial
erosion or siltation on-or off-site.Therefore,there would be no impact.
Four nonconforming billboards, located within the RHASP, currently exist atop impervious surfaces,
which would remain unaltered, as these billboards are nonconforming and therefore ineligible for
conversion. Therefore, no impacts would occur at these locations.
56 rV.b h,au s,o eno rN-ia',cal col Dazs isn+Nouoi o zs oiy f 7:i,code Am ndma—isMNi;,do
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Freeway Adjacent Digital Display Billboards ordinance Environmental Checklist and
Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation
(ii) substantially increase the rate or amount of surface runoff in a manner which would result in
flooding on-or off-site;
No impact. The proposed code amendments would allow Billboard 1 to be upgraded to an LED face
for digital advertisements. In the event that Billboard 1 is also relocated from the center of the
property to the corner nearest the SR-55 freeway; limited ground disturbance would be required.
None of the other existing nonconforming billboards would be eligible for conversion. As such, no
significant earth movement would be required, and no alterations to the quantity of runoff from any
of the billboard locations would occur. Furthermore, the proposed project would not alter existing
drainage patterns at the existing billboard locations, including the alteration of the course of a
stream or river, or substantially increase the rate or amount of surface runoff in a manner that would
result in flooding. Therefore, there would be no impacts.
(iii) create or contribute runoff water which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff;or
No impact. The proposed code amendments would allow for the potential upgrade of one existing
static billboard to a digital display billboard. This billboard could also potentially be relocated to the
western corner of the property. Replacement and the possible relocation of Billboard 1 would not
increase or decrease the amount of impervious surfaces on the subject property. Due to the short-
term nature of construction efforts required to upgrade and possibly relocate Billboard 1, only small
quantities of water, if any, would be required during construction or demolition. Therefore, water
use would not exceed the capacity of existing or planned stormwater drainage systems.
Furthermore, the lack of ground disturbance at the existing noncompliant billboard locations would
preclude substantial impacts to runoff. No impacts would occur.
(iv) impede or redirect flood flows?
No impact. As discussed above in Impact 2.10c(iii), the proposed project would not change the
amount of impervious surfaces compared with current conditions at any of the existing billboard
locations. Therefore, no impacts would occur.
d) In flood hazard,tsunami,or seiche zones, risk release of pollutants due to project inundation?
No impact. Of the six existing billboards subject to the proposed code amendments, only Billboard 3,
located on the northeast side of EI Camino Real, is located within a flood hazard zone identified as an
area with a 0.2 percent annual chance of flooding according to Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Map (FIRM) No. 06059CO281J. None of the existing billboards
would be subject to tsunamis and none are located in seiche zones.21
Due to the nature of the proposed code amendments and the limited construction requirements
involved with replacement/relocation activities, only small quantities of pollutants would be stored
9 Federal Emergency Management Agency(FEMA).2009,Flood Insurance Map(FIRM)of Tustin.Map Number 06059CO277J.Website:
https://msc.fema.gov/portal/search?AddressQuery-Red%20Hill%20AveDne%2C%2CTustin%20CA#searchresuItsancher.Accessed
August 12,2019,
41AP VCItPNI5%IND toe t VCC25 Ci I W I,s n Inde I m,rdment,i WPW L,, 57
City of Tustin
Environmental Checklist and freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial 5tudyJMitigated Negative Declaration
on the subject properties at any one time. As such, no significant quantities of pollutants would be
present on the existing billboard locations if any flooding were to occur. No impacts would occur.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable
groundwater management plan?
No impact. As discussed above in Impact 2.10c(iii), the proposed code amendments would allow for
the potential upgrade of Billboard 1 to a digital display. This billboard could also potentially be
relocated to the western corner of the property. ).The potential relocation/replacement may require
limited soil disturbance associated with relocating Billboard 1 from the central portion of the project
site to the corner of the project site nearest the SR-55 freeway. The four noncompliant billboards
would not be eligible for conversion and would therefore not require ground disturbance or the use
of water. Although Billboard 1 may be relocated within the same property, the project would not
increase or decrease the amount of impervious surfaces on the existing billboard locations and
would not require the use of groundwater.As such, no impacts would occur.
Mitigation Measures
None required.
so y'\NhIl-ti ns 01iinl(PN-1N(\0019\00190025\ISMN13\00190025 City oTTushn Code Amendments ISMNOA—
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental checklist and
Draft Initial 5tudy/Mitigated Negative Declaration Environmental Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact impact
2.11 Land Use and Planning
Would the project:
a) Physically divlde an established community? ❑ ❑ ❑
b) Cause a significant environmental impact due to ❑ ❑ ❑
a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding.
or mitigating an environmental effect?
Environmental Evaluation
Would the proposed project:
a) Physically divide an established community?
No impact.The physical division of an established community typically refers to the construction of a
physical feature, such as an interstate highway or railroad tracks, or removal of a means of access,
such as a local road or bridge that would impair mobility within an existing community or between a
community and outlying area. The proposed project does not involve any such features, and would
not remove any means of access or impact mobility. The project proposes to amend the Tustin City
Code, which could allow for the upgrade of Billboard 1 to a digital display within the SR-55 corridor
in the City of Tustin. The four existing nonconforming billboards would not be eligible for upgrades.
The potential replacement and/or relocation of one conforming billboard to a digital display would
not result in the disruption of division of an established community. As such, no impact would occur.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Less than significant impact. The proposed code amendments would create a condition in which
four existing billboards would be ineligible for digital display upgrades, as described in Table 1. The
proposed code amendments would include the addition of language dictating the conditions under
which freeway adjacent billboards could be constructed. The Tustin City Code (Article 9, Chapter 4,
subsection 9404) sets forth regulations on signage constructed within the City. All existing billboards
are located near highways or freeways in areas designated for business and commercial uses either
in the Tustin General Plan, the PCESP, or in the RHASP. The four existing noncompliant billboards
(Billboards 2 through 5) would remain unchanged under the proposed amendments and would
therefore not conflict with the City of Tustin General Plan, Furthermore, the potential replacement
and/or relocation of Billboard 1 would be subject to additional stipulations including height, size of
sign face, images displayed, setbacks for any property zoned single-family residential, and maximum
intensity of light as defined in Section 9404 of the Tustin City Code. Thus, future actions in
compliance with the proposed code amendments, particularly those related to Billboard 1, would
+1�•nnaaaeyulem famiN lVeo-�Imi4�azsV•niidoAooiazs e�ir. �+ ra co�e mer,om=ecmw c. � 59
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
not conflict with the proposed code amendments or the City of Tustin General Pian. Therefore, the
proposed code amendments and potential associated allowable activities under the proposed code
would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding
or mitigating environmental effects. In addition, the proposed project would be subject to the
California Department of Transportation (Caltrans) Outdoor Advertising Act and Section 21466.5 of
the California Vehicle Code. Impacts would therefore be less than significant.
Mitigation Measures
Done required.
60 QtV o f Tu,U,Code Am a dments 1SMNU.d=*
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.12 Mineral Resources
Would the project:
a) Result in the loss of availability of a known ❑ ❑ ❑
mineral resource that would be of value to the
region and the residents of the State?
b) Result In the loss of availability of a locally- ❑ ❑ ❑ ZSJ
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?
Environmental Evaluation
Would the proposed project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region
and the residents of the State?
No impact. According to the Generalized Mineral Land Classification of Orange County map published
by the DOC, the quality of mineral resources within Orange County was evaluated in compliance with
the Surface Mining and Reclamation Act of 1975, Article 4, Section 2761. The DOC map classifies areas
of Orange County into four Mineral Resource Zones (MRIs), which indicate the potential for valuable
mineral resources. The proposed code amendments would affect billboards that are located within an
area identified as MRZ-1, "areas where adequate information indicates that no significant mineral
deposits are present, or where it is judged that little likelihood exists for their presence.1130
Furthermore, none of the existing billboard locations are identified as mineral lands of importance
within the City of Tustin General Pian. The proposed project would not require mineral extraction.
Therefore, implementation of the proposed code amendments and potential replacement/relocation
activities associated with Billboard 1 would not result in the loss of availability of a known mineral
resource that would be of value to the region and the residents of the State. No impacts would occur
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated
on a local general plan,specific plan or other land use plan?
No impact. As mentioned in Impact 2.12(x), above, the existing billboard locations are not identified as
a having potential value as a locally important mineral resource site or oil resource area by the Tustin
General Plan nor by the DOC Generalized Mineral Land Classification map.31 The proposed project
would not involve subsurface construction or mineral extraction. Therefore, implementation of the
9 R.V.Miller.1994.Department of Conservation,Division of Mines and Geology.Generalized Mineral Land Classification or Orange
County.1995.Website:ftp://ftp.consrv.ca.gov/pub/dmg/pubs/ofr/OFR_94-15/.Accessed August 12,2019.
" R.V.Miller.1995,Department of Conservation,Division of Mines and Geology.Open File Report 94-15 December 2-2,1995.
Website:https://rnaps.conservation.ca.gov/cgs/informatior)warebcLise/Index.html?map=mlc Accessed August 12,2019.
y',\FUpl kation,UWlent lPN1-W25 City of 5.,G,,, n, dre r,G-,NINU,d.. 61
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft initial study/Mitigated Negative Declaration
proposed code amendments and associated potential replacement/relocation activities associated
with Billboard 1 would not result in the loss of availability of locally important mineral resource
recovery site delineated on a local general plan, specific plan,or other land use plan. No impacts would
occur.
Mitigation Measures
None required,
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Freeway Adjacent Digital Display Billboards ordinance Environmental Checklist and
Oraft lnitiat Study/Mitigated Negative Declaration Environmental Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.13 Noise
Would the project result in:
a) Generation of a substantial temporary or ❑ ® ❑ ❑
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b) Generation of excessive groundborne vibration ❑ ❑ X El
or groundborne noise levels?
c) For a project located within the vicinity of a ❑ ❑ ❑
private airstrip or an airport land use plan or,
where such a pian has not been adopted, within
two miles of a public airport or public use
airport, would the project expose people
residing or working In the project area to
excessive noise levels?
Environmental Evaluation
Would the proposed project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the
vicinity of the project in excess of standards established in the local general plan or noise
ordinance,or applicable standards of other agencies?
Short Term Construction Impacts
Less than significant impact with mitigation incorporated. Temporary noise increases associated
with the operation of construction equipment required to upgrade or relocate Billboard 1, which
would be eligible for upgrade to a digital display, could Occur as a result of implementing the
proposed code amendments. As mentioned previously, Billboard 1, located on Edinger Avenue,
would be eligible for replacement and could also be relocated to the western corner of the property
on which it currently exists, nearest the SR-55 freeway. Four existing noncompliant billboards
(Billboards 2 through 5) would not be eligible for upgrade.
Short term, temporary construction noise may result during the replacement and/or relocation of
Billboard 1. While the duration of the construction or demolition would be limited to a maximum of
a few days, the potential exists for increases in ambient noise in the vicinity of Billboard 1.
The loudest piece of heavy equipment that would be expected to operate at Billboard 1 would be a
large crane. Typical maximum noise levels generated by a large crane are documented to range up to
rla�hli...—Wl,— Ns 0a 57,welT11,1d 4mI1,1M,¢SJJtJcd 63
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
approximately 85 A-weighted decibel (dBA) maximum noise/sound level (L....) at 50 feet. The closest
noise-sensitive receptor to Billboard 1 is located as close as 120 feet from the construction footprint
where a large crane would potentially operate. At this distance, and assuming minimal shielding
from intervening structures, worst-case construction noise levels could range up to approximately 75
dBA LR,,,.
The effect of project construction noise levels on longer-term (hourly or daily) ambient noise levels
would be small but could result in temporary noise leading to levels of annoyance or sleep
disturbances at nearby sensitive receptors, if not restricted to daytime hours. However, compliance
with the permissible construction hours established by the Tustin City Code would reduce the effects
of noise produced by construction activities on longer-term (hourly or daily) ambient noise levels,
and would also reduce potential impacts that could result in annoyance or sleep disturbances at
nearby sensitive receptors.
Article 4, Chapter 6, Section 4616 of the Tustin City Code states that "(cjonstruction, repairing,
remodeling or demolition and grading. The erection, demolition, alteration, repair, excavation,
grading, paving or construction of any building or site is prohibited between the hours of 6:00 p.m.
and 7:00 a.m., Monday through Friday and 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours
Sundays and city observed federal holidays. Trucks, vehicles and equipment that are making or are
involved with material deliveries, loading or transfer of materials, equipment service, maintenance
of any devices or appurtenances to any construction project in the City shall not be operated on or
adjacent to said sites outside of the approved hours for construction activity." Furthermore, Section
4617 exempts noise sources associated with construction activities from the Tustin City Code noise
performance standards, provided such activities occur between the hours of 7:00 a.m. and 6:00
p.m., Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, excluding City observed
federal holidays.
Restricting construction activities to these stated time-periods, as well as implementing the best
management noise reduction techniques and practices outlined in MM N01-1, would ensure that
construction noise would not result in a substantial temporary increase in ambient noise levels that
would result in annoyance or sleep disturbance of nearby sensitive receptors. Therefore, with
implementation of MM N0I-1,temporary construction noise impacts would be less than significant.
Operational/Stationary Source Noise Impacts
No impact. A significant impact would occur if operational noise levels generated by stationary noise
sources at the existing billboard locations would result in a substantial permanent increase in
ambient noise levels in excess of any of the noise performance thresholds established in the Tustin
City Code.
Replacement of eligible Billboard 1 with a digital display billboard would occur along a freeway
corridor, where traffic is the predominate source of noise. The potential digital display billboard
would not emit any sound, and operation of a digital display billboard would not generate regular
vehicle trips. Therefore, implementation of the proposed code amendments and associated
potential future relocation/replacement activities would not introduce new stationary noise sources
64 rVanm, I:=n.IN c ndm= uNINId—
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
or result in an increase in the number of vehicle trips in the project vicinity. Therefore, the proposed
project would not result in a substantial permanent increase in ambient noise levels in the project
vicinity. No traffic-related noise impacts or stationary operational noise impacts would occur.
b) Generation of excessive groundborne vibration or groundborne noise levels?
Less than significant impact. The City of Tustin has not established a standard for excessive
groundborne vibration levels resulting from construction activities. However, the Federal Transit
Administration (FTA) has established industry accepted standards for vibration impact criteria and
impact assessment in its Transit Noise and Vibration Impact Assessment document. Therefore, for
purposes of this analysis, the FTA's vibration impact criteria are utilized. The FTA Guidelines include
thresholds for construction vibration impacts for various structural categories.
Groundborne noise is generated when vibrating building components radiate sound, or noise
generated by groundborne vibration. In general, if groundborne vibration levels are do not exceed
levels considered to be perceptible, then groundborne noise levels would not be perceptible in most
interior environments. Therefore, this analysis focuses on determining exceedances of groundborne
vibration levels.
In extreme cases, excessive groundborne vibration has the potential to cause structural damage to
buildings. Common sources of groundborne vibration include construction activities such as blasting,
pile driving and operating heavy earthmoving equipment. Construction vibration impacts on building
structures are generally assessed in terms of peak particle velocity (PPV). For purposes of this
analysis, project related impacts are expressed in terms of PPV.
Short-term Construction Vibration Impacts
of the variety of equipment that would be used to replace eligible Billboard 1 to a digital display
billboard, cranes would produce the greatest graundborne vibration levels. Cranes produce
groundborne vibration levels ranging up to 0.051 inch per second (in/sec) PPV at 25 feet from the
operating equipment.32 Impact equipment such as pile drivers would not be used during
replacement or relocation activities.
The closest off-site structures to each of the existing billboard locations are located more than 25
feet from proposed construction areas where heavy equipment such as cranes, would operate. At
this distance, groundborne vibration levels would range up to 0.051 PPV from the operation of a
crane. This is well below the FTA damage threshold criteria of 0.12 in/sec PPV for the most sensitive
type of structures: buildings extremely susceptible to vibration damage. Therefore, impacts resulting
from construction-related groundborne vibration levels would be less than significant.
Operational Vibration Impacts
Upon completion of construction,the proposed project would not include any permanent sources of
groundborne vibrations. As such, implementation of the proposed project would not expose persons
32 Federal Transit Administration(FTA).2018,Transit Noise and Vibration Impact Assessment Manual.Website:
https://www.transit dot.gov/regulations-and-guidance/environmental-programs/noise-and-vibration.Accessed October 3,2019.
Y.\P.h IflCIi,,t(FN IN4\00-55 !=5\15MNO%001-CA25 C,t,of T11--,d-4m ndme I'M NC d= 65
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft initial Study/Mitigated Negative Declaration
within the project vicinity to excessive groundborne vibration levels. Therefore, project related
groundborne vibration impacts would be considered less than significant.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where
such a plan has not been adopted, within two miles of a public airport or public use airport,
would the project expose people residing or working in the project area to excessive noise
levels?
No impact. The proposed project includes amendments to the Tustin City Code that would affect six
billboards located within freeway corridors in the City of Tustin. None of the existing billboard locations
are within 2 miles of any airstrip or airport land use plan.Therefore,no impacts would occur.
Mitigation Measures
MM N01-1 To reduce potential construction noise impacts, the following multi-part mitigation
measure shall be implemented for the project:
The construction contractor shall ensure that all internal combustion engine-driven
equipment is equipped with mufflers that are in good condition and appropriate for
the equipment.
The construction contractor shall locate stationary noise-generating equipment as
far as possible from sensitive receptors when sensitive receptors adjoin or are near a
construction project area. In addition, the project contractor shall place such
stationary construction equipment so that emitted noise is directed away from
sensitive receptors nearest the project site.
The construction contractor shall prohibit unnecessary idling of internal combustion
engines.
The construction contractor shall, to the maximum extent practical, locate on-site
equipment staging areas so as to maximize the distance between construction-
related noise sources and noise-sensitive receptors nearest the project site during all
project construction.
The construction contractor shall limit all construction activity, including material
delivery and equipment warmup or idling, to the hours of 7:00 a.m. and 6:00 p.m.,
Monday through Friday, and 9:00 a.m. and 5:00 p.m, on Saturdays. No construction
activity will be permitted on Sunday's or City observed federal holidays.
66 yNVab111Ao %U11nt City aFTaWn Cod,Amendments ISMND.d,
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Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.14 Population and Housing
Would the project.
a) Induce substantial unplanned population ❑ ❑ ❑ 1171
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing people ❑ ❑ ❑
or housing, necessitating the construction of
replacement housing elsewhere?
Environmental Evaluation
Would the proposed project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by
proposing new homes and businesses) or indirectly(for example, through extension of roads or
other infrastructure)?
No impact.The proposed code amendments could lead to the upgrade and possible relocation of one
compliant billboard with a digital display within the City of Tustin. No new housing or businesses are
proposed as a part of this project and the replacement and/or relocation of Billboard 1 would not lead
to a change in the overall population or result in the expansion of the City. In addition, no new roads,
highways, or other infrastructure is included with this proposed project. As such, no impacts would
occur.
b) Displace substantial numbers of existing people or housing, necessitating the construction of
replacement housing elsewhere?
No impact. Implementation of the proposed code amendments would not result in substantial
displacement of people or housing that would necessitate the construction of replacement housing
elsewhere. As such, no impacts would occur.
Mitigation Measures
None required.
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City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Less than
Significant.
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.15 Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, need for new or physically altered governmental facilities, the
construction of which could cause significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance objectives for any of the public services.
a) Fire protection? ❑ ❑ ® ❑
b) Police protection? ❑ ❑
c) Schools? ❑ ❑ ❑
d) Parks? ❑ U ❑
e) Other public facilities? ❑ ❑ ❑
Environmental Evaluation
Would the proposed project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in
order to maintain acceptable service ratios, response times or other performance objectives for any
of the public services:
a) Fire protection?
Less than significant impact. Implementation of the proposed code amendments would not involve
the construction of homes or the extension of infrastructure. Due to the nature of the proposed
project, no project-related activities would increase the population and thus, the proposed project
would not result in the need for new or expanded fire protection facilities. As such, no significant
impact would occur.
b) Police protection?
No impact. The proposed project would not increase the population or require the alteration of
police services, and thus would not result in an increased demand for police protection. No impact
would occur.
c) Schools?
No impact. The proposed project would not increase the population or alter the zoning districts
dictating the distribution of Students in the City. In addition, the proposed code amendments would
not increase the number of students within the City. Therefore, the proposed project would not
result in an increased demand for school facilities and no impact would occur.
68 1'\�hlicn:cz'l'-1i IPF4,141\r3�Q�00 9Q025\ISMNO b]9p0. Lilyv I',, in COd2 Am 1nd.e -SM NOd—
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
d) Parks?
No impact. The proposed project would not affect parks or open spaces. The proposed project
would not result in an increase in population or an increase in demand for existing parks and
recreational facilities. Therefore, this project would not necessitate the construction of new parks
and recreational facilities. No impact would occur.
e) Other public facilities?
No impact. The proposed project would not result in an increase in population or an increase in
demand for other public facilities. Therefore, this project would not necessitate the construction of
new public facilities and no impact would occur.
Mitigation Measures
None required.
Y:\PuhHuIImn*JCIwt�PNJN}}0019\0015W25�ISMN0\00190025 CityafTustin Cade Am,ndm-W5MN0.dam 69
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation significant No
Environmental issues Impact Incorporated Impact Impact
2.16 Recreation
a) Would the project increase the use of existing ❑ ❑ ❑
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
b) Does the project include recreational facilities or ❑ ❑ ❑ 771
require the construction or expansion of
recreational facilities, which might have an
adverse physical effect on the environment?
Environmental Evaluation
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or be
accelerated?
No impact. The proposed project would not generate new residents that could increase the dernand
and use of nearby parks or recreational facilities. Therefore, the proposed project would not result in
any physical deterioration of recreational facilities. No impact would occur.
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities,which might have an adverse physical effect on the environment?
No impact. The proposed project would not generate new residents that could increase the demand
and use of nearby parks or recreational facilities. Therefore, construction or expansion of
recreational facilities would not be required. No impact would occur.
Mitigation Measures
None required.
70 Pvblicalians\Client 1PN-IN I}019 00_90D2S ISMN]1D01 WD2S City of Tustin Code Amendments ISMND d—
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft initial Study/Mitigated Negative Declaration Environmental Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.17 Transportation
Would the project:
a) Conflict with a program plan, ordinance or policy ❑ ❑ ❑
of the circulation system, including transit,
roadway,bicycle and pedestrian facilities?
b) Would the project conflict or be Inconsistent ❑ ❑ ® ❑
with CEQA Guidelines Section 15064.3,
subdivision (b)?
c} Substantially increase hazards due to a ❑ ❑ ® ❑
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g.,farm egjipment)?
d) Result in inadequate emergency access? ❑ ❑ ® ❑
Environmental Evaluation
Would the proposed project:
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including
transit,roadway, bicycle and pedestrian facilities?
No impact. The proposed project does not involve the construction of any new billboard signs; only
the potential relocation and/or replacement of Billboard 1 could occur in the future with project
implementation. The existing billboards do not interfere with public transit, bicycle, or pedestrian
facilities, and activities associated with the existing billboards would not materially change the
existing condition in regards to access and use of these facilities. The crane used to potentially
replace Billboard 1 would be staged on same property on which that billboard is currently situated on
and would not occur within public right-of-way and would not disrupt access to or use of these
facilities.Therefore,the proposed project would not conflict with public transit, bicycle, or pedestrian
policies. No impact would occur.
b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3,subdivision(b)?
Less than significant impact. CEQA Guidelines, Section 15064.3 subdivision (b) discusses the
potential impacts of projects for which land uses may increase vehicle miles traveled (VMT) as a
direct result of the implementation of the proposed project. VMT refers to the amount and distance
of automobile travel attributed to a project. Other relevant considerations may include the effects of
the project on transit and non-motorized travel. Section 15064.3(b) of the CEQA Guidelines assesses
criteria for analyzing transportation impacts such as land use projects, transportation projects,
qualitative analysis, and methodology.
Y1P1b14ta0115\Ule0r(PN-JN)A001 X025 cit,of l—,,c�a� d- 71
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Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft lnitialStudy/Mitigated Negative Declaration
Based on the potential for Billboard 1 to be upgraded to digital display and possibly relocated on-
site, VMT may be required in order to accommodate the proposed project upgrade and/or
relocation. Efforts associated with the replacement/relocation of Billboard 1 would involve short-
term construction at the billboard location (usually one to two days). Subsequent VMT may accrue
during the maintenance and operational phases throughout the lifetime of Billboard 1 in small,
irregular increments. However, because this project does not propose any changes to the transit
systems, roadways, or other highway infrastructure within the City, it would have a less than
significant impact with regard to VMT.
c) Substantially increase hazards due to a geometric design feature(e.g., sharp curves or dangerous
intersections)or incompatible uses(e.g.,farm equipment)?
Less than significant impact. The proposed project does not involve the construction of any new
signs, nor does it propose to alter roadway conditions or design features. Although Billboard 1 may
be upgraded to a digital display, the Tustin City Code would regulate the size, brightness, and other
conditions of construction and operation in order to comply with local,State, and federal regulations
regarding the use and operation of digital display billboards. As such regulations are designed to
protect public safety, this would minimize, the potential for accidents. Furthermore, as a part of the
project design, Billboard 1, should it be replaced with a digital display, may potentially be relocated
to the western corner of the property located on Edinger Avenue, resulting in a clearer view from
the SR-55 freeway. No hazardous design features or incompatible land uses would result from the
proposed project.Therefore, impacts would be less than significant.
d) Result in inadequate emergency access?
Less than significant impact. The proposed project would not allow for the construction of any new
billboards; only the potential upgrade of Billboard 1 could result from implementing the proposed
code amendments. This billboard could also potentially be relocated to the western corner of the
property. The existing billboards do not interfere with traffic access or evacuation during an
emergency, and the potential replacement billboard would not materially change the existing
condition in regards to emergency access..Therefore, impacts are less than significant.
Mitigation Measures
Bone required.
72 YNPu&IEcetfen6£Ilent(PN-1N)\001%DM90D25V5MND50D190n29£ity of Fuvtln£acfe krnendm-e iSMND.6—
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Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft initiol5tudy/Mitigoted Negative Declaration Environmental Evaluation
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.18 Utilities and Service Systems
Would the project:
a) Require or result in the relocation or construction ❑ ❑
of new or expanded water,wastewater treatment
or stormwater drainage, electric power, natural
gas, or telecommunications fac lities, the
construction or relocation of which could cause
significant environmental effects?
b) Have sufficient water suppGies available to serve ❑ ❑ ❑ X
the project and reasonably foreseeable future
development during normal, dry and multiple
dry years?
c) Result in a determination by the wastewater ❑ ❑ ❑
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
d) Generate solid waste in excess of State or local ❑ ❑ ® ❑
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
e) Comply with federal, State, and local ❑ ❑ ❑
management and reduction statutes and
regulations related to solid waste?
Environmental Evaluation
Would the proposed project:
a) Require or result in the relocation or construction of new or expanded water, wastewater
treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities,
the construction or relocation of which could cause significant environmental effects?
Less than significant impact. The proposed code amendments would not require the use of natural
gas or telecom facilities. The only possible future activity that could affect existing facilities would be
the upgrade and potential relocation of Billboard 1, which may require limited ground disturbance
to drill footings, and such activities would be required to coordinate with and avoid any existing
utility infrastructure on the project site. The proposed upgrade of Billboard 1 to a digital display
would require the use of existing electrical infrastructure to power the digital display. The upgraded
digital display billboard would connect to the existing electrical infrastructure maintained by
I {ru-aAMIIVNiL 75t15%IN0A00ioCtis Cif,orTum un 1�1e a-1,-1—WNW d— 73
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Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Southern California Edison,33 and due to the minor amount of power required to operate a digital
display, the proposed project would not require the relocation, expansion, or construction of new
electrical facilities. Furthermore, no aspect of the proposed project would alter or require the
expansion of wastewater or stormwater drainage systems. As such, impact would be less than
significant,
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal,dry and multiple dry years?
No impact. The proposed code amendments and any related future activities would not require the
installation or provision of additional utilities such as water supply and would not result in the
development of habitable structures. No impacts would occur.
c) Result in a determination by the wastewater treatment provider which serves or may serve the
project that it has adequate capacity to serve the project's projected demand in addition to the
provider's existing commitments?
No impact. The proposed project would not construct habitable structures. In addition, the
proposed project would not generate significant employment, as no additional employees would be
required.Therefore,the proposed project would not generate demand for wastewater services, and,
no impact would occur.
d] Generate solid waste in excess of State or local standards, or in excess of the capacity of local
infrastructure,or otherwise impair the attainment of solid waste reduction goals?
Less than significant impact. AB 939, the Integrated Waste Management Act, requires a 50 percent of
diversion of solid waste from landfills. Orange County Waste and Recycling requires 65 percent diversion
for construction and demolition projects. As stated on the Orange County Waste and Recycling website,
"applicants can achieve diversion through reuse, recycling, and/or composting of construction and
demolition materials at County-approved facilities or use of a County franchised Waste Hauler."34 This
policy is more stringent than AB 939, and,therefore,through the required compliance with the Orange
County Waste and Recycling requirements,the proposed project would comply with AB 939.
There are three landfills in Orange County that could accept solid waste from the proposed project,
should billboard materials need disposal: the Olinda Alpha Landfill in Brea, the Frank R. Bowerman
Landfill in Irvine, and the Prima Deshecha Landfill in San Juan Capistrano. Of the three facilities, the
largest and closest landfill to the project site is the Frank R. Bowerman landfill in Irvine. As of
November 1, 2018, the remaining capacity at the Frank R. Bowerman landfill was listed as 205
million cubic yards. The maximum daily throughput at each of the landfills, as well as the maximum
capacity and remaining capacities are illustrated in Table 2, below.
33 Southern California Edison.2019.Southern California Edison's Service Area.April 25.Website:
https://newsroom.edison.com/_gailery/get_file/?file_id=5cc32d492cfac24d2laecf4c&ir=1.Accessed November 13,2019
34 county of Orange.2019.Orange County waste and Recycling.Construction and Demolition iG&D)Program.Webslte:
http://www.ociandfills.com/recycling/cnd_program.Accessed October 7,2019.
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City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
Table 2: Existing Landfill Capacity Estimates
Cubic Yards
Maximum Daily
Facility Location Throughput Permitted Capacity Remaining Capacity
Olinda Alpha Brea 8,000 tons/day 148.8 million cubic yards 34.2 million Cubic yards
Frank R. Bowerman Irvine 11,500 266 million cubic yards 205 million cubic yards
tons/day
Prima Deshecha San Juan Capistrano 4,000 tons/day 172.1 mi'lion cubic yards 134.3 million cubic yards
Source:Cal Recycle 2619.Solid Waste Information System(SWIS).Website:
https://www2,calrecycle.ca.gov/SWFacilities/D(rectory/,Accessed August 12,2619.
The three landfills have a total remaining capacity of approximately 373.5 million cubic yards. Using
a conservative estimate, the existing billboard face that would be replaced is 20 feet by 60 feet
(height by width) with a depth of 6 feet, and removal of the billboard face and associated pylons
would generate approximately 267 cubic yards of solid waste. Therefore, potential future activities
associated with the proposed code amendments would generate significantly less than one percent
of existing landfill capacity. This would result in less than significant impacts.
e) Comply with federal, State, and local management and reduction statutes and regulations
related to solid waste?
Less than significant impact. Solid waste disposal would follow the requirements of the franchised
waste hauler, which must adhere to federal, State, and local statutes and regulations related to the
collection of solid waste. The proposed project would be required to comply with all State and local
waste diversion requirements. The proposed project would be consistent with policies and actions
stated in the City of Tustin General Plan Infrastructure Element. As such, impacts would be less than
significant.
Mitigation Measures
None required.
%PubIi Da 5�1IIIIt(FJ:,'I CC I SC-025Cliyot .1--de o—d-,—ISNNG.nou 75
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.19 Wildfire
if located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones,
would the project.,
a) Substantially impair an adopted emergency ❑ ❑ ❑
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other ❑ ❑ ❑
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wi{dfire or the
uncontrolled spread of a wildfire?
c) Require the installation or maintenance of ❑ ❑ ❑
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
d) Expose people or structures to significant risks, ❑ ❑ ❑
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability,or drainage changes?
Environmental Evaluation
Would the proposed project:
a) Substantially impair an adopted emergency response pian or emergency evacuation plan?
No impact. According to CAL FIRE, Fire Hazard Severity Zones (FHSZ) Map, the existing billboard
locations are not located within or near a State Responsibility Area (SRA)or Local Responsibility Area
(LRA) or lands classified as a Very High Fire Hazard Severity Zone.35 Prior to any subsequent
approvals, the project applicant would be required to accommodate emergency vehicles and ensure
adequate response and operation by the City of Tustin.As such, no impacts would occur.
s5 California Department of Forestry and Fire Protection ICAL FIRE).Fire and Resource Assessment Program.Very High Fire Hazard
Severity Zones in LRA As Recommended by CAL FIRE.Website:https://osfm.fire.ca.guv/media/5896/c3o_tustin_vhfh5z.pdf.
Accessed August 21,2019.
16 Y,NPaWutians\Cllenl IPN-1NI\OC19\00190@5\15MNn"190025 City OFT in Code Am dm nu ISMND.da
City of Tustin
Freeway Adjocent Digital Dispfay Billboards ordinance Environmental Checklist and
Draft initial study/mitigated Negative Declaration Environmental Evaluation
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a
wildfire?
No impact. According to the CAL FIRE FHSZ Map, the existing billboard locations are not located
within an SRA, LRA, or lands classified as a Very High FHSZ,36 The existing billboard locations are
relatively flat and are located within heavily urbanized and built-up areas of Tustin, surrounded by
commercial uses. Prior to any potential future billboard relocation or replacement activities, the
associated project plans would be reviewed and approved by the City of Tustin Building and Safety
Division and the Tustin Fire Department, which would require adequate compliance with the City's
permit process and Tustin City Code requirements. This would ensure that such activities would not
expose occupants to pollutant concentrations risks or uncontrolled spread due to slope, prevailing
winds, wildland fires, and other factors. Therefore, no impacts would occur.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other utilities)that may exacerbate fire risk or that may
result in temporary or ongoing impacts to the environment?
No impact. The existing billboard locations are located within heavily urbanized areas in the City of
Tustin. The billboards are not located within a FHSZ, SRA, or LRA.23 No additional utilities are
included as a part of the proposed project and no installation or maintenance of associated
infrastructure would be required. Therefore, the proposed project and any related future activities
would not require the installation or maintenance of associated infrastructure that may exacerbate
fire risk or result in ongoing impacts to the environment.
d) Expose people or structures to significant risks, including downslope or downstream flooding or
landslides, as a result of runoff,post-fire slope instability,or drainage changes?
No impact. The existing billboard locations are located on relatively flat parcels located within the
City of Tustin. FEMA FIRM No. 06059CO277J identifies the existing billboard locations as Flood Zone
X, an area with a 0.2 percent chance of arnual flooding.37 However, this proposed project would not
contribute to or exacerbate the potential flood hazards within the City of Tustin and no impacts
would occur.
Mitigation Measures
None required.
'° California Department of Forestry and Fire Protection(CAL FIRE) Fire and Resource Assessment Program.California Department or
Forestry and Fire Protection.Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE,Website:
https://csfm.fire.ca.gov/media/5896/c3O_tustin_vhflisz.pdf.Accessed August 21,2011
" Federal Emergency Management Agency(FEMA).2009.Flood Insurance Map(FIRM}of Tustin.Map Number 06059CO2771.Website:
https://msc.fema.gov/portal/search?AddressQtiery�Red"2CHi11`/2OAveune5o2C°62CTustin/`2f)CA#searchresultsanLbor.Accessed
August 12,2019.
�a.m aio�>�C1e L[wa-uaOnuworm,.C-,Am IW?4110— 77
City of Tustin
Environmental Checldist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initiol Study/Mitigated Negative Declaration
Less than
Significant
Potentially Impact with Less than
Significant Mitigation Significant No
Environmental Issues Impact Incorporated Impact Impact
2.20 Mandatory Findings of Significance
a) Does the project have the potential to ❑ ❑ Z ❑
substantially degrade the quality of the
environment,substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant or
animal, or eliminate important examples of the
major periods of California history or prehistory?
b) Does the project have impacts that are ❑ ❑ ❑
individually limited, but cumulatively
considerable? {"Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects, ❑ ❑ ® ❑
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Environmental Evaluation
a) Does the project have the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to
drop below self-sustaining levels, threaten to eliminate a plant or animal community,
substantially reduce the number or restrict the range of a rare or endangered plant or animal, or
eliminate important examples of the major periods of California history or prehistory?
Less than significant impact. As described in Section 2.4, Biological Resources, the proposed project
would not result in significant environmental impacts to wildlife or plant species. There are no
known special-status species present on or near the existing billboard locations, and appropriate
mitigation is included to ensure that any future related activities that may occur during the nesting
season for birds protected by the MBTA would have a less than significant impact on nesting birds.
Therefore, with implementation of MM 13I0-1, the proposed project would not degrade the quality
of the environment at a project- or cumulative-level in terms of biological resources. As described in
Section 2.5, Cultural Resources, the proposed project would have less than significant impacts on
historical, archaeological, and tribal resources since the proposed project area has been heavily
urbanized. The proposed project would comply with all applicable regulations in the unlikely event of
inadvertent discovery of human remains. In addition, as described in Section 2.7, Geology and Soils,
78 a�s u= Prv-innnors5cc asts•wawc •zsary ' anc d= mrva m
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
there are no vertebrate localities within the project boundary but there are localities identified
surrounding the project area. Implementation of MM GEO-1 would ensure that project excavation
impacts to previously unknown paleontological resources would be less than significant. In
conclusion, the proposed project would have less than significant impacts on the quality of the
environment, fish or wildlife species habitats and populations, plant or animal communities, rare or
endangered plant or animal species, or important examples of the major periods of California history
or prehistory.
b) Does the project have impacts that are individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current
projects,and the effects of probable future projects)?
No impact. Implementation of the proposed code amendments would have a less than significant
cumulative impact. if the proposed project is implemented, Billboard 1 may be upgraded to a digital
display billboard located adjacent to the SR-55 freeway. This billboard could also potentially be
relocated to the western corner of the property. Short-term construction activities associated with
the potential upgrade and relocation are mitigated to a less than significant level and would not be
cumulatively considerable. Operation entails no new noise production, minimal maintenance traffic,
and negligible GHG emissions.
The SR-55 and 1-5 corridors are within urban settings with other existing nighttime lighting including
car headlights, parking lot lighting, streetlights, security lighting on buildings, and internal lights in
buildings. In addition, the existing billboards are illuminated at night, which produces nighttime
lighting. The single allowable replacement digital display billboard (and existing approved digital
display) would operate at a maximum of 0.3 foot-candle at 250 feet in compliance with the proposed
code amendments. Therefore, compliant digital display billboards would have one-sixth of the
maximum brightness level for LED billboards, as set forth by the Outdoor Advertising Act, which is a
California State Law and would result in a nominal increase in the existing lighting footprint at the
location of Billboard 1, should that billboard be replaced. Moreover, the brightness of allowable
digital display billboard sign faces would be dimmable to reflect ambient light conditions. Therefore,
the nighttime lighting produced by up to two approved digital display billboards (one already existing
and one potential future replacement billboard), in combination with the lighting for other
reasonably foreseeably projects, would not result in a cumulatively significant impact.
With respect to electricity usage, the LED lighting used in the digital display billboard faces would
meet Title 24 requirements for energy efficiency. While the signs electricity usage is associated with
off-site emissions where power is generated, the IS/MND analysis of GHG emissions demonstrates
that implementation of the proposed code amendments falls well below applicable SCAQMD
thresholds, which account for cumulative impacts of climate change. Therefore, because of the
project's size and utilization of energy efficient lighting, it would not make a cumulatively
considerable contribution to cumulative GHG emissions or result in an overall impact to local and
regional levels of GHG emissions.
v-1a„eI-,--\C.—(PN'N)Y00;4M6I25\1—ND Cai^crs car If n11111 coaz All-dI n I 15KINUA I 79
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
With respect to construction, the construction activities necessary to replace one traditional
billboard to a digital display billboard requires very little equipment and would occur within one to
two days. However, as detailed in this Draft IS/MND, there are potential impacts related to
aesthetics, biological resources, hazardous materials, noise, and transportation/traffic that can be
reduced to less than significant levels with the implementation of mitigation.The proposed project is
required to implement MM AES-1, MM AES-2, MM AES-3, MM BIO-1, MM GEO-1, MM HAZ-1, and
MM N01-1. Implementation of these required mitigation measures will ensure not only that the
proposed project, individually, would not have a significant impact, but that it would not make a
considerable contribution to any cumulative impact.
c) Does the project have environmental effects, which will cause substantial adverse effects on
human beings,either directly or indirectly?
Less than significant impact. Under the proposed code amendments, only Billboard 1 would be
eligible for upgrade to a digital display. This billboard may also be relocated on-site. Limited ground
disturbance would be required to upgrade and possibly relocate the existing billboard. The four
existing non-conforming billboards would not be eligible for upgrades. Impacts would therefore be
less than significant with the implementation of MM AES-1, MM AES-2, MM AES-3, MM BIO-1, MM
HAZ-1, and MM NOI-1.
Mitigation Measures
MM AES-1 To ensure the lighting of signs does not exceed 0.3 foot-candle at 250 feet, prior to
conversion or relocation of any billboard, the City shall require a site-specific lighting
study to be submitted during the review of the conditional use permit and design
review application. Should the results of the study indicate the maximum intensity of
light output produced by a digital display billboard would exceed 0.3 foot-candle at a
distance of 250 feet, design modifications shall be incorporated into the billboard
design to ensure compliance with this regulation.
MM AES-2 Any approved replacement light-emitting diode (LED) billboard shall include an
operating mechanism (hardware or software controlled) that turns off the display or
turns it to all black in the event of a malfunction or failure in any system or
subsystem that results in the display wholly or partly appearing to flash.
MM AES-3 The operational lighting parameters for a replacement digital display billboard shall
be provided to the City of Tustin Community Development Department for review
and approval prior to installation and regular operation of a digital display billboard,
during the review of the conditional use permit and design review application, and
the City-approved parameters shall be implemented by the project applicant to
minimize trespass glare lighting on residents and drivers.
MM BI0-1 In the event that billboard replacement or relocation should be scheduled to occur
between September 1 and January 31, the billboard owner shall retain a qualified
biologist to conduct pre-construction surveys for nesting birds within a 250-foot
8a rSPuniiradonsN01-e IPNaN)l001l001s 25\15WNDl001�s qty ofiusHn Inde Amendmenu ISMND.doo
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation
radius of the existing billboard location to ensure that no active nests will be
disturbed during project implementation. This survey shall be completed no more
than three days prior to the initiation of replacement or relocation activities during
nesting season. During this survey, the biologist will inspect the existing billboard
and other possible nesting habitats within 250 feet of the existing or replacement
billboard locations for nests. If an active nest is found within the 2S0-foot survey
area, the biologist will determine the extent of a buffer zone to be established
around the nest, largely dependent on current site conditions (typically 250 feet), to
ensure that raptor or migratory bird nests will not be disturbed during billboard
replacement or relocation. Prior to the commencement of construction activities
and the issuance of any permits, the City of Tustin Community Development
Department shall verify that all project construction plans include specific notes
regarding the requirements of the Migratory Bird Treaty Act (MBIA), that
preconstruction surveys have been completed and the results reviewed by staff, and
that the appropriate buffers (if needed) are noted on the site plans.
MM GEO-1 Any ground-disturbing activities associated with project activities shall be monitored
closely by a certified paleontologist to quickly and professionally recover any fossil
remains discovered while not impeding development.
Should any soils be excavated to provide for a digital display billboard support or to
assist in relocating Billboard 1 on-site, all removed sediments shall be collected and
professionally processed to determine the small fossil potential. Any fossils
recovered during mitigation shall be deposited in an accredited and permanent
scientific institution for the benefit of current and future generations.
MM HAZ-1 The following measures shall be implemented during any potential billboard
relocation activities:
In conformance with State and local laws, including California Health and Safety
Code Section 19527.5, a visual inspection and possible sampling shall be completed
prior to the relocation of the billboard structures to determine the presence of
asbestos, lead-based paint, or other hazardous building materials.
If this assessment finds presence of such materials, the project applicant shall create
and implement a health and safety plan to ensure workers are not exposed to
contaminants in excess of Occupational Safety and Health Administration (OSHA)
and other applicable State and federal standards and associated risks associated
with hazardous materials during demolition, renovation of affected structures,
transport, and disposal.
In the event of billboard relocation activities, all materials containing lead-based paint
shall be removed in accordance with California Occupational Health and Safety
Administration (Cal/OSHA) Lead in Construction Standard, Title 5, California Code of
I.,I,,It, i IPNdNFOa]=1NI B_O S%ISW400f lca.1s �tyW 7,,&A—rdm ,SVNC d— 81
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft initial5tudy/Mitigated Negative Declaration
Regulations 1532.1, including employee training, employee air monitoring and dust
control.
In the event of billboard relocation activities, all materials containing asbestos and/or
lead-based paint shall be handled and removed by qualified professionals in
accordance with applicable regulations, including South Coast air Quality Management
District (SCAQMD) Regulation XIV, Rule 1403;Title 22, California Code of Regulations,
Section 66261.24;Title 8,California Code of Regulations,Section 1532.1.
Any debris or soil containing asbestos lead-based paint or coatings shall be disposed of
at landfills that meet acceptance criteria for the waste being disposed.
MM N01-1 To reduce potential construction noise impacts, the following multi-part mitigation
measure shall be implemented forthe project:
The construction contractor shall ensure that all internal combustion engine-driven
equipment is equipped with mufflers that are in good condition and appropriate for
the equipment.
The construction contractor shall locate stationary noise-generating equipment as
far as possible from sensitive receptors when sensitive receptors adjoin or are near a
construction project area. In addition, the project contractor shall place such
stationary construction equipment so that emitted noise is directed away from
sensitive receptors nearest the project site.
The construction contractor shall prohibit unnecessary idling of internal combustion
engines.
The construction contractor shall, to the maximum extent practical, locate on-site
equipment staging areas so as to maximize the distance between construction-
related noise sources and noise-sensitive receptors nearest the project site during all
project construction.
The construction contractor shall limit all construction activity, including material
delivery and equipment warmup or idling, to the hours of 7:00 a.m. and 6:00 p.m.,
Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturdays. No construction
activity will be permitted on Sunday's or City observed federal holidays.
82 Yi1Pub4mt1ons\0Wnt}PNCity of Tosnn Code Amendments ISMNO.do
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration List of Preparers
,SECTION LIST OF PREPARERS
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
Phone:714.508.4100
Fax: 714.508.4110
Project Director.......................................................... .Kerri Tuttle
ProjectManager................................................................................................. ....Cecilia So
EnvironmentalAnalyst II..................................................................................................... Kevin Bolland
Environmental Analyst II.............................................................................................Stephanie Shepard
Air Quality and Noise Analyst......................................................................................................Phil Ault
Archaeologist...................................................................................... ....David Smith
VisualizationSpecialist................................................................................................................. Yiu Kam
SeniorEditor..........................................................................................................................Susie Harris
Word Processor..............................................................................................................Ericka Rodriguez
GIS/Graphics................................................................................................................ Karlee McCracken
Reprographics.....................................................................................................................Octavio Perez
Y.'Nb I t—i,Cffe t tPN90025 City of Tustin Code Amendments ISM ND-d— 83
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City of Tustin
Freeway Adjacent Digital Display Billboards ordinance
Draft initial Study1mitigated Negative Declaration
Appendix
Freeway Adjacent r i •
Y;\Publications\[lien[(PN-1N�\11019\0015oo15\ISMNo\wp\m190075 City fT—i,code Amendments ISMN6_CRY comments KNT 101615_C.A—
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING SECTION 9404137
AND AMENDING SECTIONS 9402, 9404A1 H, 9404A1 K,
AND 9404132 OF CHAPTER 4 OF ARTICLE 9 OF THE
TUSTIN CITY CODE, RELATING TO FREEWAY
ADJACENT DIGITAL DISPLAY BILLBOARDS
The City Council of the City of Tustin does hereby ordain as follows:
SECTION k. Findings. The City Council finds and determines as follows:
A. The City of Tustin Sign Regulations are set forth in Chapter 4 of Article 9
of the Tustin City Code.
B. The Sign Regulations generally prohibit "off-premises" signs defined to
include any commercial sign or structure erected and/or maintained for advertising a
business, activity, service or product not sold or produced on the premises upon which
the sign is placed, including a billboard and any other outdoor advertising sign and
structu re.
C. The proposed code amendment would exempt certain "freeway adjacent
digital display billboards" from the Sign Regulations prohibition of off-premises signs.
Digital display billboards include pole signs or changeable copy signs, which features a
digital display, erected and/or maintained for advertising a business, activity, service or
product not sold or produced on the premises upon which the sign is placed, which is
located within four hundred (400) feet of either the Interstate 5 freeway or the SR 55
freeway right-of-way.
D. The proposed code amendment would permit freeway adjacent digital
display billboards in commercial zones, upon approval of a Conditional Use Permit, and
subject to the reasonable restrictions and criteria intended ensure the public health and
safety concerning the location, distance from residential uses, height, size, design,
orientation, brightness and display cycle of such signs. Further, no freeway adjacent
digital display billboard may be approved without the City Council finding that approval
will confer a substantial public benefit to the City and the public, and that the sign will
not (1) create a traffic or safety hazard, (2) create a nuisance to adjacent property, and
(3) will not result in any undue or significant increase in visual clutter in the area
surrounding the sign.
1343971 4
E. The proposed code amendment will not lead to a proliferation of new
signage because no freeway adjacent digital display billboard will be approved unless it
replaces -- on the same parcel — alters, or modifies the structure, display and/or content
of an existing legally non-conforming off-premises sign or electronic changeable copy
sign.
F. The proposed code amendment is not subject to the California
Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14,
Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is
not a project as defined in Section 15378) because it has no potential for resulting in a
physical change to the environment, directly or indirectly.
G. The proposed code amendment is consistent with the Tustin General Plan
in that it complies with the following goal:
Land Use Element Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
H. That on , a public hearing was duly noticed,
called, and held on Code Amendment 2019-_ by the Planning Commission. The
Planning Commission adopted Resolution No. and recommended that the City
Council approve Code Amendment 2019-
1. That on , a public hearing was duly noticed, called,
and held on Code Amendment 2019- by the City Council.
SECTION 11. The following definitions in Section 9402 of Chapter 4 of Article 9 of the
Tustin City Code are hereby added or amended to read as follows (new text underlined;
deletions in strikethrough):
"Animated sign" means any sign designed to attract attention through
movement or the semblance of movement of the whole or any part, including, but
not limited to, signs which swing, twirl, revolve, move back and forth or up and
down; or signs which can change color or shades of color; or any other method
or device which suggests movement, but not including flags= or banner signs, or
freeway adjacent digital display billboards.
"Digital_display°_means a sign face that displays images through the use of
rid lights, cathode-ray roiections li ht-emittin diodes LEDsplasma screens
liquid-crystal displays (LCDs), fiber optics, or other electronic media or
functionally equivalent technology.
1343971.4
"Freeway adjacent digital display billboard" means a pole sign or
changeable copy sign, which features a digital display, erected and/or maintained
for advertising, in whole or in part, a business, activity, service or product not sold
or produced on the premises upon which the sign is placed, which is located on a
commercially zoned parcel within four hundred (400) feet of either the Interstate
5 freeway or the SR 55 freeway right-of-way; see section 9404b(7).
Off-premises sign" means a commercial sign or structure of any kind or
character erected and/or maintained for advertising a business, activity, service
or product not sold or produced on the premises upon which the sign is placed,
including a billboard and any other outdoor advertising sign and structure, but
not including a freeway adjacent digital display billboard..
SECTION III. Section 9404a1(h) and (k) of Chapter 4 of Article 9 of the Tustin City Code
are hereby amended to read as follows (new text underlined):
(h) Flashing signs, but not including freeway adjacent digital display billboards
approved pursuant to section 9404b(7).
(k) Off-premises signs, except those erected or caused to be erected by the
City, freeway adjacent digital display billboards approved pursuant to
section 9404b(7), temporary off-premises commercial signs, human signs,
and temporary noncommercial signs.
SECTION IV.Section 9404b(2) of Chapter 4 of Article 9 of the Tustin City Code is
hereby amended to read as follows (new text underlined):
2. Pole sign. All pole signs not considered either 1 a freestanding freeway
signs pursuant to subsection 9404b(3)_ or (2) a freeway adjacent digital
display billboards pursuant to subsection 9404b(7), shall require approval of
a conditional use permit. In addition to findings required to be made on
granting of a CUP contained in the Tustin City Code, the following
restrictions and criteria shall apply:
(a) Type of business. Only center identification signs are permitted to be
pole signs.
(b) Size and scale of project. The center identified by the sign is a single
development project of at least one hundred thousand (100,000)
building square feet or five (5) acres in project size which has a
minimum of three (3) or more tenants.
(c) Design. The pole sign is designed to reflect theme of the center it
identifies and incorporates similar design elements, materials, colors
and special qualities of the architecture of the building(s) in the center
and is compatible with existing or proposed signage in the center.
1343971 4
(d) Location. The pole sign shall (1) be located within a landscaped area
and is limited to one (1) per street frontage, (2) maintain a minimum of
one hundred (100) lineal feet from any other monument sign or
freestanding sign in the center, and (3) be set back a minimum of
twenty-five (25) feet from interior side property line or maintain a
minimum of fifty (50) feet from another pole or freestanding sign
located on an adjacent site.
(e) Height and size. The sign shall be compatible with the size and scale
of the project and shall not exceed twenty (20) feet in height and fifty
(50) square feet in size.
SECTION V. Section 9404b(7) of Chapter 4 of Article 9 of the Tustin City Code is
hereby added to read as follows (new text underlined).-
7.
nderlined):7. Freeway adjacent digital display billboards. All freeway adjacent digital
display billboards shall require a conditional use permit granted in
accordance with section 9291 and a development agreement issued in
accordance with chapter 6 of the Tustin City Code. In addition to the
findings required by the Tustin City Code for granting a CUP and approving.
a development agreement, the following restrictions and criteria shall apply:
(a) Freeway adjacent digital display billboards may only be approved in
instances where the freeway adjacent digital display billboard will
replace on the same parcel, alter, or modify the structure, display
and/or content of an existing legally non-conforming off-premises sign
or electronic_ changeable copy sign, and subject to the following
limitations:
1. Location. Freeway adjacent digital display billboards may only
be erected on commercially zoned parcels located within four
hundred (400) feet of either the Interstate 5 freeway or the SR
55 freeway right-of-way.
2. Distance from residential_ uses. No freeway adjacent digital
display billboard may be placed at a distance of less than 300
feet from the property line of any residentially zoned parcel, as
measured from the border of the digital display billboard face, or
the base of the digital display billboard structure whichever is
closest to the residentially zoned parcel.
3. Height. _ The maximum height of any freeway adjacent digital
display billboard shall not exceed fifty-five (55) feet above the
pavement level of the Interstate 5 freeway or SR 55 freeway to
the bottom of the digital display.
4. Size. The maximum size of each freeway ad`acent-digital
display billboard face display area shall be twenty-five (25) feet
I;41071 1
in height and sixty (60) feet in width, with the area of each face
not to exceed an overall maximum amount of fifteen-hundred
1 ,500 square feet, including border and trim.
5. Design. All freeway adjacent digital display billboards shall
either be double faced or include covered backs or facings.
Notwithstanding anything in this Chapter to the contrary, the
distance of separation between the faces on a double-faced
freeway adiacent digital display billboard may exceed eighteen
inches (18) if deemed necessary by City to maximize visibility
from the Interstate 5 freeway or the SR 55 freeway.
6. Orientation. Each freeway adjacent digital display billboard
must be oriented primarily for viewing from the Interstate 5
freeway or the SR 55 freeway.
7. Brightness. All freeway adiacent digital display billboards must
comply with all applicable laws and regulations concerning
brightness, including, without limitation, California Vehicle Code
Section 21466.5.
B. Display cycle. A freeway adiacent digital display billboard may
show a series of still images, each displayed for at least eight
(8) seconds. The still images_ may not move or present the
appearance_ of motion and may not use flashing, scintillating,
blinking, or traveling lights or any other means not providing
constant illumination. Transition or blank screen time between
one still image and the next may not exceed one (1) second.
8. Compliance with law. The owner of the freeway adjacent digital
display_billboard must comply with all applicable federal, state,
or local laws, including the Highway Beautification Act of 1865
23 United States Code Section 131 the Outdoor Advertising
Act (California Business and Professions Code Section 5200 et
seg.), and this Chapter, when constructing, operating,
improving, maintaining, repairing, and removing the freeway
adiacent digital display billboard.
10.Public benefit. In approving a development agreement for any
freeway adiacent digital display billboard, the City Council must
find that the agreement will confer a substantial public benefit to
the City and to the general public. Such public benefits may
include, without limitation, the removal of additional legal non-
conforming billboards, advertising of City events and public
service announcements, and/or financial contributions to the
Cfty.
1+43471 4
11.Required Findings: In approving a freeway adjacent digital
display billboard, the City Council must find that each freeway
adjacent digital display billboard:
a. Complies with the requirements of this subsection
9404b(7) and this Chapter;
b. Will not create.a traffic or safety hazard;
c. Will not create a nuisance to adiacent property: and
d. Will not result in any undue or significant increase in
visual clutter in the area surrounding parcel upon which
the freeway adiacent digital display billboard will be
located.
SECTION VI. Effective Date. This Ordinance shall take effect on the 3151 day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION VII. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held out to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance, The City Council of the City of Tustin
hereby declares that it would have adopted this Ordinance and each section,
subsection, clause, phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this ____ day of 2019.
CHUCK PUCKETT
MAYOR
ERICA N. YASUDA
CITY CLERK
I43y71 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO.
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Ordinance No. was duly
passed and adopted at a regular meeting of the Tustin City Council held on the
day of , 2019, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT.
Erica N. Yasuda, City Clerk
Published:
13439714
city of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration
Appendixi
Cultural • PaleontologicalRecords
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Primary No. Trinomial Other IDs Type Age Attribute codes Recorded by Reports
P-30-176663 OHP Prepeny N-mber-144278; StwOure tirstr,4c HP37(H,ghIay'trual- 260 (d..Ballester,CRM Te&), IA-0767,1.LA.
Resource Name Aichison, R3i!,cad.HP39(0^.her( 2iu]3(Par Tang an-,!Josh 06156,QTI-433Q3,
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CalC,datu LAC560(Ed flger and Red
W,JS 0 r159751,1421 Edinger Avenue.
Tvs'-Orange County,California
OR-04192 Pzveo- 2012 Ofinteak,C2101 A Pport DI Archaeological and Paleontological Archaeological Resource 315-000 ,30-000481,30-000902
Monitoring for Widening of Antonio Parkway Management Corporation
Badge.South Orange County,California
SCCIC 101=019 11:37:10 AM
Page 2 C12
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HISTORIC ARCHITECTURAL SURVEY REPORT - MOU SHORT FORM
Caiifo;t-Ntia Departtttettt of Transportation
I. �Il�;lnt rt a Project Description
District County Routc Post E.A.
Iulometer
12 Orange 55 1.1.5/15.3 01430K
lite City uf'I'mUn proposes to reconfigure the northbound on and off-ramps of State Route 55 (SI(-
55)at Edinger Avenue,and to construct an enetension of Newport Avenue between 1:dingerAvenue
and Palencia Avenue. these improveniams will provide improved traffic circulation within the
project area, :and improve weaving distances on SR-55. The project is located in the southeast
portion of the City of Tustin. 1t is bounded on the west by the SR-55,on the north by the northern
limit of the Sema Ana•S3m-k Fc Channel (F-10),on the cast by I)el Arno Avenue,and on the south by
Palencia Avenue.
51- Study Findings _
All of the properties listed below, and indicated on the attached ntap, were found to qualify for
treatment under the December 24, 1959, "Memorandum of Understanding Regarding; Evaluation of
Bust-19,15 Buildings, Moved Pre-1935 Buildings, and Altered Pre-1945 Buildings." I'fiey do not
appear to be eligible for inclusion in the Nation al Register ojfiistoric Places because they are
[ X ] Post-1915 [ ] Moved [ ) Substantially altered
ilk. L04CAtit lY
Pmperty Address Map Reference Number
See attached sheet.
The properties in the study area for this project were reviewed
( X] in the field [ f from photographs
by George Casen, who is specified in the NIOU as being;qualified to make the required determina.
tion.
�a
( X 1 National Register of Historic places [ ) SIIPO concurrence DOL database
[ X j California Register of Ilulorical Resources [ X ] California Historical landmarks
( X [ California Inventory of Historic Resources
( X f U.S.G.S.Topo.: ( ] 7.5 [ X[ 15 Quad:Santa t a
Dale; lR4C, 1901
(Acld name here.)
[ X J Other: (Achl sources, such as local landmarks- lisrs, here) California Points of Historical
Interest, 1992
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ISA,Aix c!aUA Irx.
1D No. on Construction
APE Ninp Address Date PareeI No.
1 1001 Newport Avenue 1969 430.252-04
2 1001 Newport Avenue 1969 430.252-04
3 1021 Edinger Street 1955 430-252.05
4 15012 Ne sport Avenue 1965 430-252-06
5 1221 Edinger Street 1963 430-252.09
6 1100 Edinger Street 1965 430.251-04
7 1200 Edinger Street 1966 430-253-03
8 15171 Del Amo Avenue 1965 430.251.10
9 15171 Del Amo Avenue 1967 430-251-09
10 15272 Del Amo Avenue 1987 430.253-14
11 Situs Pending 1984 430-253-12
12 1200 Valencia Avenue 1976 430.241.09
13 1200 Valencia Avenue 1976 430-241-09
14 1200 Valencia Avenue 1976 430-241-09
15 1100 Valencia Avenue 1954 430.241-07
16 1100 Valencia Avenue 198.1 430-241-07
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B.2
Natural History Museum of Los Angeles County Records Search
Natural History Museum
of Los Angeles County
goo Exposition Boulevard
Los Angeles,CA gnou/
tel 213.763,DI N0
NATURAL www,nhm.org
HISTORY
MUSEUM
LOS ANOELIS COUNTY Vertebrate Paleontology Section
Telephone: (213) 763-3325
e-mail: smcleod@nhm.org
30 October 2019
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
Atm: David M. Smith, Project Manager,Archaeologist
re: Paleontological resources for the proposed Billboard Location 1 Project, in the City of Tustin,
Orange County, project area
Dear David:
I have conducted a thorough search of our paleontology collection records for the locality
and specimen data for the proposed Billboard Location I Project, in the City of Tustin, Orange
County,project area as outlined on the portion of the Tustin USGS topographic quadrangle map that
you sent to me via e-mail on 16 October 2019. We do not have any vertebrate fossil localities that
Iie within the proposed project area boundaries, but we do have localities nearby from the same
sedimentary deposits that occur in the proposed project area, either at the surface or at depth.
Surface sediments throughout the entire proposed project area and in the surrounding vicinity
consist of younger terrestrial Quaternary Alluvium, derived primarily as alluvial fan deposits from
the hills of the Santa Ana Mountains to the east,broadly via the Santa Ana River that currently flows
to the west. These younger Quaternary deposits typically do not contain significant vertebrate
fossils, at least in the uppermost layers,but are underlain by older Quaternary deposits at varying
depths that do contain significant vertebrate fossils. Our closest vertebrate fossil locality from older
Quaternary deposits is probably LACM 1339, south-southwest of the proposed project area sites in
Costa Mesa east of the Santa Ana River near the top of the mesa bluffs along Adams Avenue, that
produced fossil specimens of mammoth,Mummuthus, and camel, Carnelidae, bones from sands
approximately 15 feet below the top of the mesa that is overlain by shell bearing silts and sands. A
Iittle farther almost due south of the proposed project area site 2, in Costa Mesa along the Newport
inspiring wonder,discovery and responsibility for our natural and cultural words.
Freeway near Santa Isabel Avenue, our older Quaternary locality LACM 4219 produced fossil
specimens of turtle, Chelonia, and camel, Cameiidae. To the southeast of the proposed project area,
near the Orange County Great Park east of the Santa Ana Freeway(1-5) near the intersection of C
Street and 5`b Street, our older Quaternary locality LACM 7867 that produced fossil specimens of
pocket gopher, Thomomys, at a depth of 25 feet below the surface. South-southeast of the proposed
project area on the western side of the Laguna Freeway(Highway 133) at the southern end of the
interchange with the San Diego Freeway(I-405), our older Quaternary locality LACM 7713
produced a fossil specimen of ground sloth, Mylodontidae, from unstated but shallow depth.
Grading or shallow excavations in the uppermost few feet of the younger Quaternary alluvial
sediments exposed throughout the entire proposed project area are unlikely to uncover significant
fossil vertebrate remains. Deeper excavations in the proposed project area that extend down into
older Quaternary sediments,however, may well encounter significant vertebrate fossils. Any
substantial excavations below the uppermost layers in the proposed project area, therefore, should be
closely monitored to quickly and professionally collect any specimens without impeding
development. Sediment samples should also be collected and processed to determine the small fossil
potential in the proposed project area. Any fossils recovered during mitigation should be deposited
in an accredited and permanent scientific institution for the benefit of current and future generations.
This records search covers only the vertebrate paleontology records of the Natural History
Museum of Los Angeles County. It is not intended to be a thorough paleontological survey of the
proposed project area covering other institutional records, a literature survey, or any potential on-site
survey.
Sincerely,
Samuel A. McLeod, Ph.D,
Vertebrate Paleontology
enclosure: invoice
ICI Ivi E 1,41 T (31
RESOLUTION NO. 4397
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE CODE AMENDMENT
2019-002 (ORDINANCE NO. 1505), ADDING SECTION
940467 AND AMENDING SECTIONS 9402, 9404A1 H,
9404A1 K, AND 9404132 OF CHAPTER 4 OF ARTICLE 9 OF
THE TUSTIN CITY CODE, RELATING TO FREEWAY
ADJACENT DIGITAL DISPLAY BILLBOARDS,
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That many municipalities have modified their sign ordinances to allow for
freeway adjacent digital displays,
B. The City of Tustin Sign Regulations are set forth in Chapter 4 of Article 9 of the
Tustin City Code.
C. The Sign Regulations generally prohibit "off-premises" signs defined to include
any commercial sign or structure erected and/or maintained for advertising a
business, activity, service or product not sold or produced on the premises
upon which the sign is placed, including a billboard and any other outdoor
advertising sign and structure.
D. The proposed code amendment would exempt certain "freeway adjacent digital
display billboards" from the Sign Regulations prohibition of off-premises signs.
Digital display billboards include pole signs or changeable copy signs, which
feature a digital display, erected and/or maintained for advertising a business,
activity, service or product not sold or produced on the premises upon which
the sign is placed, which is located within four hundred (400) feet of either the
Interstate 5 freeway or the SR 55 freeway right-of-way.
E. The proposed code amendment would permit freeway adjacent digital display
billboards in commercial zones, upon approval of a Conditional Use Permit,
and subject to the reasonable restrictions and criteria intended ensure the
public health and safety concerning the location, distance from residential uses,
height, size, design, orientation, brightness and display cycle of such signs.
Further, no freeway adjacent digital display billboard may be approved without
the City Council finding that approval will confer a substantial public benefit to
1214162.2
Resolution No. 4397
Page 2
the City and the public, and that the sign will not (1) create a traffic or safety
hazard, (2) create a nuisance to adjacent property, and (3)will not result in any
undue or significant increase in visual clutter in the area surrounding the sign.
F. The proposed code amendment will not lead to a proliferation of new signage
because no freeway adjacent digital display billboard will be approved unless
it replaces — on the same parcel — alters, or modifies the structure, display
and/or content of an existing legally non-conforming off-premises sign or
electronic changeable copy sign.
G. The proposed code amendment is considered a "project" subject to the terms
of the California Environmental Quality Act ("CEQA"). The City of Tustin
prepared a Draft Initial Study/Mitigated Negative Declaration. The Draft was
made available for public review between November 14, 2019, to December 4,
20190
H. The Initial Study/Mitigated Negative Declaration was prepared to identify and
mitigate any potential environmental impacts that would result from the
proposed code amendment and the study found that, although there is
evidence that the proposed project may have an effect on the environment,
there will not be a significant effect in this case because mitigation measures
have been added to the project. Therefore, the preparation of an Environmental
Impact Report is not required.
I. The proposed code amendment is consistent with the Tustin General Plan in
that it complies with the following goal:
Land Use Element Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
J. That on December 10, 2019, a public hearing was duly noticed, called, and
held on Code Amendment 2019-002 by the Planning Commission.
H. The Planning Commission hereby recommends that the City Council approve
Code Amendment 2019-002 (Ordinance No. 1505), adding subsection 9404(b)(7)
and amending Section 9402 and subsections 9404(a)(1)(h), 9404(a)(1)(k), and
9404(b)(2), relating to freeway adjacent digital display billboards, attached hereto.
12g4162
Resolution No. 4397
Page 3
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 10t" day of December, 2019.
AMY MASON
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4397 was
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
101h day of December, 2019, by the following vote:
PLANNING COMMISIONER AYES:
PLANNING COMMISIONER NOES:
PLANNING COMMISIONER ABSTAINED:
PLANNING COMMISIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
1294tb?.2
Exhibit A of Resolution No. 4397
Draft Ordinance No. 1505
DRAFT ORDINANCE NO. 1505
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING SECTION 940467 AND
AMENDING SECTIONS 9402, 9404A1 H, 9404A1 K, AND
9404132 OF CHAPTER 4 OF ARTICLE 9 OF THE TUSTIN
CITY CODE, RELATING TO FREEWAY ADJACENT
DIGITAL DISPLAY BILLBOARDS
The City Council of the City of Tustin does hereby ordain as follows.-
SECTION
ollows:SECTION 1. Findings. The City Council finds and determines as follows:
A. The City of Tustin Sign Regulations are set forth in Chapter 4 of Article 9 of
the Tustin City Code.
B. The Sign Regulations generally prohibit "off-premises" signs defined to
include any commercial sign or structure erected and/or maintained for advertising a
business, activity, service or product not sold or produced on the premises upon which
the sign is placed, including a billboard and any other outdoor advertising sign and
structure.
C. The proposed code amendment would exempt certain "freeway adjacent
digital display billboards" from the Sign Regulations prohibition of off-premises signs.
Digital display billboards include pole signs or changeable copy signs, which features a
digital display, erected and/or maintained for advertising a business, activity, service or
product not sold or produced on the premises upon which the sign is placed, which is
located within four hundred (400) feet of either the Interstate 5 freeway or the SR 55
freeway right-of-way.
D. The proposed code amendment would permit freeway adjacent digital
display billboards in commercial zones, upon approval of a Conditional Use Permit, and
subject to the reasonable restrictions and criteria intended ensure the public health and
safety concerning the location, distance from residential uses, height, size, design,
orientation, brightness and display cycle of such signs. Further, no freeway adjacent
digital display billboard may be approved without the City Council finding that approval
will confer a substantial public benefit to the City and the public, and that the sign will not
(1) create a traffic or safety hazard, (2) create a nuisance to adjacent property, and (3)
will not result in any undue or significant increase in visual clutter in the area surrounding
the sign.
I.4;971 A
E. The proposed code amendment will not lead to a proliferation of new
signage because no freeway adjacent digital display billboard will be approved unless it
replaces — on the same parcel — alters, or modifies the structure, display and/or content
of an existing legally non-conforming off-premises sign or electronic changeable copy
sign_
F. The proposed code amendment is considered a "project" subject to the
terms of the California Environmental Quality Act ("CEQA"). The City of Tustin prepared
a Draft Initial Study/Mitigated Negative Declaration, The Draft was made available for
public review between November 14, 2019, to December 4, 2019.
G. The Initial Study/Mitigated Negative Declaration was prepared to identify
and mitigate any potential environmental impacts that would result from the proposed
code amendment and the study found that, although there is evidence that the proposed
project may have an effect on the environment, there will not be a significant effect in this
case because mitigation measures have been added to the project. Therefore, the
preparation of an Environmental Impact Report is not required.
H. The proposed code amendment is consistent with the Tustin General Plan.
in that it complies with the following goal:
Land Use Element Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
I. That on December 10, 2019, a public hearing was duly noticed, called, and
held on Code Amendment 2019-02 by the Planning Commission. The Planning
Commission adopted Resolution No. 4396 and recommended that the City Council
approve Code Amendment 2019-02.
J. That on January 21, 2019, a public hearing was duly noticed, called, and
held on Code Amendment 2019-02 by the City Council.
SECTION II. The following definitions in Section 9402 of Chapter 4 of Article 9 of the
Tustin City Code are hereby added or amended to read as follows (new text underlined;
deletions in strikethrough).
"Animated sign" means any sign designed to attract attention through
movement or the semblance of movement of the whole or any part, including, but
not limited to, signs which swing, twirl, revolve, move back and forth or up and
down; or signs which can change color or shades of color, or any other method or
device which suggests movement, but not including flags= e-r banner signs., or
freeway adjacent digital display billboards.
1343071 4
"Digital display" means a sign face that displays images through the use of
rid lights, cathode-ray projections, light-emitting diodes (LEDs), plasma screens,
liquid-crustal displays (LCDs) fiber optics, or other electronic media or functionally
equivalent technology.
"Freeway adjacent digital display billboard" means a pole sign or
changeable copy sign, which features a digital display, erected and/or maintained
for advertising, in whole or in part, a business, activity, service or product not sold
or produced on the premises upon which the sign is placed, which is located on a
commercially zoned parcel within four hundred (400) feet of either the Interstate 5
freeway or the SR 55 freeway right-of-way; see section 9404b(7).
Off-premises sign" means a commercial sign or structure of any kind or
character erected and/or maintained for advertising a business, activity, service
or product not sold or produced on the premises upon which the sign is placed,
including a billboard and any other outdoor advertising sign and structure, but not
including a freeway adjacent digital display billboard.
SECTION III. Section 9404a1(h) and (k) of Chapter 4 of Article 9 of the Tustin City Code
are hereby amended to read as follows (new text underlined);
(h) Flashing signs, but not including freeway adjacent digital display billboards
approved pursuant to section 9404b(7 -
(k) Off-premises signs, except those erected or caused to be erected by the City,
freeway adjacent digital display billboards approved pursuant to section
9404b(7), temporary off-premises commercial signs, human signs, and
temporary noncommercial signs.
SECTION IV.Section 9404b(2) of Chapter 4 of Article 9 of the Tustin City Code is hereby
amended to read as follows (new text underlined):
2. Pole sign. All pole signs not considered either 1 a freestanding freeway
signs pursuant to subsection 9404b(3), or (2) a freeway adjacent digital
display billboards pursuant to subsection 9404b(7), shall require approval of
a conditional use permit. In addition to findings required to be made on
granting of a CUP contained in the Tustin City Code, the following restrictions
and criteria shall apply:
(a) Type of business. Only center identification signs are permitted to be
pole signs.
(b) Size and scale of project. The center identified by the sign is a single
development project of at least one hundred thousand (100,000)
building square feet or five (5) acres in project size which has a minimum
of three (3) or more tenants.
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(c) Design. The pole sign is designed to reflect theme of the center it
identifies and incorporates similar design elements, materials, colors
and special qualities of the architecture of the building(s) in the center
and is compatible with existing or proposed signage in the center.
(d) Location. The pole sign shall (1) be located within a landscaped area
and is limited to one (1 ) per street frontage, (2) maintain a minimum of
one hundred (100) lineal feet from any other monument sign or
freestanding sign in the center, and (3) be set back a minimum of twenty-
five (25) feet from interior side property line or maintain a minimum of
fifty (50) feet from another pole or freestanding sign located on an
adjacent site.
(e) Height and size. The sign shall be compatible with the size and scale of
the project and shall not exceed twenty (20) feet in height and fifty (50)
square feet in size.
SECTION V. Section 9404b(7) of Chapter 4 of Article 9 of the Tustin City Code is hereby
added to read as follows (new text underlined):
7. Freeway adjacent digital display billboards. All freeway adjacent digital
display billboardsshall require a conditional use permit granted in
accordance with section 9291 and a development agreement issued in.
accordance with chapter 0 of the Tustin City Code. In addition to the findings
required by the Tustin City Code for granting a CUP and approving a
development areement the following restrictions and criteria shall apply:
(a) Freeway adjacent digital display billboards may only be approved in
instances where the freeway adjacent digital display billboard will
replace on the same parcel, alter, or modify the structure, display and/or
content of an existing legally non-conforming off-premises sign or
electronic changeable copy sign, and subject to the following limitations:
1. Location. Freeway adiacent digital display billboards may_only
be erected on commercially zoned parcels located within four
hundred (400) feet of either the Interstate 5 freeway or the SR 55
freeway right-of-way.
2. Distance from residential uses. No freeway adjacent digital
dispigy billboard may be placed at a distance of less than 300 feet
from the property line of any residentially zoned parcel, as
measured from the border of the digital display billboard face, or
the base of the digital display billboard structure_ whichever is
closest to the residentially zoned parcel.
3. Height. The maximum height of any freeway adjacent digital
display billboard shall not exceed fifty-five (55) feet above the
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pavement level of the Interstate 5 freeway or SR 55 freeway to
the bottom of the digital display.
4. Size. The maximum size of each freeway adjacent digital display
billboard face display area shall be twenty-five (25) feet in height
and sixty (60) feet in width, with the area of each face not to
exceed an overall maximum amount of fifteen-hundred 1 ,500
square feet,_ including border and trim.
5. Design. All freeway ad'lacent digital display billboards shall either
be double faced or include covered backs or facings.
Notwithstanding anything in this Chapter to the contrary, the
distance of separation between the faces on a double-faced
freeway adjacent digital display billboard may exceed eighteen
inches (18) if deemed necessary by City to maximize visibility
from the Interstate 5 freeway or the SR 55 freeway.
6. Orientation. Each freeway adjacent digital display billboard must
be oriented primarily for viewing from the Interstate 5 freeway
the SR 55 freeway.
7. Brightness. All freeway adjacent digital display billboards must
comply with all applicable laws and regulations concerning
brightness, including, without limitation, California Vehicle Code
Section 21466.5.
8. Display cycle. A freeway adjacent digital display billboard may
show a series of still images, each displayed for at least eight (8)
seconds. The still images may not move or present the
appearance of motion and may not use flashing, scintillating,
blinking, or traveling lights or any other means not providing
constant illumination. Transition or blank screen time between
one still image and the next may not exceed one (1) second.
9. Compliance with law. The owner of the freeway adjacent digital
display billboard must comply with all applicable federal, state, or
local laws, including the Highway Beautification Act of 1965 (23
United States Code Section 131), the Outdoor Advertising Act
(California Business and Professions Code Section 5200 et seg.),
and this Chapter, when constructing, operating, improving,
maintaining, repairing, and removing the freeway adjacent digital
display billboard.
10.Public benefit. In approving a development agreement for any
freeway adiacent digital display billboard, the City Council must
find that the agreement will confer a substantial public benefit to
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the City and to the general public. Such public benefits may
include, without limitation, the removal of additional legal non-
conforming billboards, advertising of City events and public
service announcements, and/or financial contributions to the City.
11.Re uired Findings: In -ppproving-approvinga freeway adjacent digital
display billboard, the City Council must find that each freeway
adjacent digital display billboard:
a. Complies with the requirements of this subsection
9404b(7) and this Chapter;
b. Will not create a traffic or safety hazard;
c. Will not create a nuisance to adjacent property; and
d. Will not result in any undue or significant increase in visual
clutter in the area surrounding parcel upon which the
freeway adadjacgnt digital display billboard will be located.
SECTION VI. Effective Date. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION VII. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Tustin hereby
declares that it would have adopted this Ordinance and each section, subsection, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
134397 1.4
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this day of , 2020.
MAYOR
ERICA N. YASUDA
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO 1505
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Ordinance No. was duly
passed and adopted at a regular meeting of the Tustin City Council held on the day
of , 2020, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Erica N. Yasuda, City Clerk
Published-
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ublished:13419'14