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Home My WebLink AboutSUPPLEMENTAL TO ITEM #4 RESPONSE LETTER TO CALTRANS ITEM #4 RESPONSE TO THE CALTRANS LETTER REGARDING DISPLAY BILLBOARDS ORDINANCE. FIRSTI;ARBON Cover Letter December 10, 2019 UNITED STATES T+1 888 826 5814 Jerry Craig, Deputy Director of Business Services & Housing T+1 714 508 4100 City Of Tustin Iinfo@ 508 4110 fcs-intl.com Economic Develo ment Irvine p 250 commerce 300 Centennial Wa Suite y Irvine,,CA 92602 Tustin, CA 92780 Bay Area 1350 Treat Boulevard Suite 380 Walnut Creek,CA 94597 At,�jacent Central Valley g� �',I 7265 N.First Street Bll;,'ll<cards Gr,.diciangce Suite 101 Fresno,CA 93720 Inland Empire 650 E.Hospitality Lane Dear Mr. Craig: Suite 125 San Bernardino,CA 92408 Sacramento Valley 2204 Plaza Drive FirstCarbon Solutions (FCS) is pleased to submit this Response to Comments letter for the Suite 210 Rocklin,CA 95765 proposed City of Tustin Freeway Adjacent Digital Display Billboards Ordinance (project). Utah 2901 Bluegrass Boulevard Suite 200-62 To date, the following letter has been received with regard to the proposed project: Lehi,UT 84043 Connecticut 2 Corporate Drive Suite Letter No. 1: Letter from the California Department of Transportation (Caltrans), Shelton,CT 06484 District 12, dated December 2, 2019. Newyork 10M o nument Street Depost,NY 13754 56 Broome Corporate Parkway Although a lead agency is not required to provide written responses to comments on Conklin,NY 13748 negative declarations or mitigated negative declarations under the California Environmental CANADA Quality Act (CEQA), the City of Tustin has evaluated the comments received on the project UNITED KINGDOM Initial Study/Mitigated Negative Declaration (IS/MND) and has elected to provide responses PORTUGAL to comments, as well as refinements to the Draft IS/MND. None of the comments received resulted in the need to recirculate the MND orto prepare an Environmental Impact Report FRANCE (EIR). KENYA AUSTRALIA This letter includes a list of the comments and responses to comments on the Draft IS/MND, PHILIPPINES and it identifies any refinements and clarifications to the Draft IS/MND. A copy of the CHINA comment letter received regarding the Draft IS/MND is included in Attachment A. MALAYSIA Should you have any questions, please do not hesitate to contact me at 714.508.4100 x1026. SINGAPORE Sincerely, Cecilia So, Project Manager FirstCarbon Solutions 250 Commerce, Suite 250 Irvine, CA 92602 Enc: Attachment A: Letter from Caltrans North America ) Europe ( Africa ! Australia I Asia www.firstcarbonsolutions.com J FI RSTICAR O N espoa n to . Cornments "ONSE TO COMMENTS The comment letter received during the review period for the Draft IS/MND is included in Attachment A. Individual comments within the comment letter have been reprinted below and numbered so that they can be cross-referenced with each response. Each numbered comment is followed by the corresponding response. Author Code California Department of Transportation, District 12.....................................................................CALTRANS Comment CALTRANS-1 Any changes to the City of Tustin Municipal Code related to outdoor advertising adjacent to the National Highway System must adhere to the provisions of the California Outdoor Advertising Act (Bus. & Prof. Code 5200 et seq.) as it is intended to be the minimum standard of outdoor advertising control. Response to CAU R�Np S- . The proposed code amendments to Article 9, Chapter 4, Sections 9402 and 9404 of the Tustin City Code of Ordinances expressly require any digital display to comply with the California Outdoor Advertising Act. Please refer to proposed Section V of the Tustin City Code of Ordinances, which would add new Section 9404b(7)(a)(9) and (a)(11) to the Tustin City Code. Message Center Displays as defined in Bus. & Prof. Code Section 5216.4 are displays that can change copy once every four seconds to two minutes; in addition, Message Center displays must be placed at least 1,000 feet apart on the same side of the highway as stated in Bus. Prof. Code Section 5405(d)(1). Please refer to Response to CALTRANS-1. Displays that operate as a Message Center Display must also adhere to the size restrictions outlined in Bus. & Prof. Code Section 5408(a) and may not display any red or blinking lights or display any copy that has flashing lights or full motion animation as prohibited in Bus. & Prof. Code Section 5403. response to CACI RAN -: Please refer to Response to CALTRANS-1. 2 North America I Europe ( Africa I Ausur,! �' i www.firstcarbonsolutions.com wp' ��BRcsppr�seto . Comments kr Comment CALTRANS-4 Display brilliance may not exceed the standards outlined in Vehicle Code Section 21466.5. Any Message Center Display advertising off-premise commercial copy must obtain a permit from the Office of Outdoor Advertising (ODA) prior to placement. Response to CALTRANSAI. Please refer to Response to CALTRANS-1.Additionally, the proposed code amendments expressly require digital display brightness to comply with California Vehicle Code Section 21466.5. Please refer to Section V of the Tustin City Code of Ordinances, which would add new Section 9404b(7)(a)(7)to the Tustin City Code. Commem CALTRANS-5 Any project work proposed in the vicinity of the State Right-of-Way(ROW) would require an encroachment permit and all environmental concerns must be adequately addressed. If the environmental documentation for the project does not meet Caltrans's requirements for work done within State ROW, additional documentation would be required before approval of the encroachment permit. Please coordinate with Caltrans to meet requirements for any work within or near State ROW. For specific details for Encroachment Permits procedure, please refer to the Caltrans's Encroachment Permits Manual at: http://www.dot.ca.gov/hq/developerserv/permits/ Response to CALT RAMS-5 Comment noted. It is not anticipated that the project will involve any work within Caltrans right-of-way or in close enough proximity that an Encroachment Permit would be required. However, the City will comply with the Encroachment Permit requirements, if applicable. 3 North America ) Europe ( Africa I Australia I Asia www.firstcarbonsolutions.com FIRST CAR [ Comments ._ _� `;,-' L_l_! E--R cRATA The following is a revision to the Draft IS/MND for the City of Tustin Freeway Adjacent Digital Display Billboards Ordinance. This revision is a minor modification to the document and does not change the significance of any of the environmental issues or conclusions within the Draft IS/MND. The revision is listed by page number. All additions to the text are underlined (underlined) and all deletions from the text are stricken (stF+eken). The following text has been revised to correct the phone number provided for Jerry Craig, Deputy Director of Economic Development, on the title page of the Draft IS/MND.Jerry Craig's phone number is listed correctly on Draft IS/MND page 18, Section 1.6, Intended Uses of this Document. Additionally, the correct phone number was listed on the Notice of Intent to Adopt that was distributed on November 14, 2019, and is also on the City's website for current projects. Prepared for: City of Tustin Economic Development 300 Centennial Way Tustin, CA 92780 714.259.7794-714.573.3121 Contact:Jerry Craig, Deputy Director of Economic Development 4 North America ) Europe I Africa ! Australia ( Asia www.firstcarbonsolutions.com FI RSYCAR B O N Response to CoreAKA,_n s North America Europe ( Africa I Australia Asia www.firstcarbonsolutions.com CALTRANS Page 1 of 2 STATE E OA CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY CAVI .NNEWS M Governor DEPARTMENT OF TRANSPORTATION DISTRICT 12 ! 1750 EAST FOURTH STREET,SUITE 100 SANTA ANA, CA 92705 Making Conservation PHONE (657) 328-6267 a California Way of Life. FAX (657) 328-6510 TTY 711 www.dot.co.gov December 2, 2019 Mrs. Erica Yasuda File: IGR/CEQA City of Tustin Planning Department SCH#: N/A 300 Centennial Way 12-ORA-2019-01269 Tustin, CA 92780 1-5. SR 55, SR 261 Dear Mrs. Yasuda, Thank you for including the California Department of Transportation (Caltrans) in the review of the Mitigated Negative Declaration (MND) for the proposed Freeway Adjacent Digital Display Billboards Ordinance. The mission of Caltrans is to provide a safe, sustainable, integrated and efficient transportation systern to enhance California's economy and livability. The project will amend the Sign Regulations found in the Tustin City Code relating to freeway adjacent digital display billboards. The project will be implemented City-wide and may affect the following State Facilities: Interstate 5 (1-5) and State Routes 55 (SR 55) and SR 261 . Caltrans is a commenting agency and has the following comments: Outdoor Advertising: 1 . Any changes to the City of Tustin Municipal Code related to outdoor advertising adjacent to the National Highway System must adhere to the 1 provisions of the California Outdoor Advertising Act (Bus. & Prof. Code 5200 et. seq.) as it is intended to be the minimum standard of outdoor advertising control. 2. Message Center Displays as defined in Bus. & Prof. Code Section 5216.4 are displays that can change copy once every four seconds to two minutes; in addition, Message Center displays must be placed at least 2 1000 feet apart on the same side of the highway as stated in Bus. & Prof. Code Section 5405(d)(1). 3. Displays that operate as a Message Center Display must also adhere to the size restrictions outlined in Bus. & Prof. Code Section 5408(a) and may 3 not display any red or blinking lights or display any copy that has flashing "Provide a safe,sustainable.irttegrcmd and erfrciml dcrosNorinlion s�sleet to enhance Colifornia's economy and fivabilio, CALTRANS Page 2 of 2 City of Tustin December 2, 2019 Page 2 lights or full motion animation as prohibited in Bus. & Prof. Code Section 3 5403. CONT 4. Display brilliance may not exceed the standards outlined in Vehicle Code Section 21466.5, Any Message Center Display advertising off-premise 4 commercial copy must obtain a permit from the Office of Outdoor Advertising (ODA) prior to placement. 5. For any questions please feel free to contact George Anzo, ODA Southern Area Manager, at (213) 897-4208 or visit the ODA website at hftris://dot.ca.gov/urograms/traffic-operations/oda. Permits: 6. Any project work proposed in the vicinity of the State Right-of-Way (ROW) would require an encroachment permit and all environmental concerns must be adequately addressed. If the environmental documentation for the project does not meet Caltrans's requirements for work done within 5 State ROW, additional documentation would be required before approval of the encroachment permit. Please coordinate with Caltrans to meet requirements for any work within or near State ROW. For specific details for Encroachment Permits procedure, please refer to the Caltrans's Encroachment Permits Manual at: hffp://www.dot.ca.,qov/h q/traffopldevelopsery/permits/ Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to contact Jude Miranda at (657) 328-6229 or Jude.Miranda@dot.ca.gov. Sincerely, / SCOT -SHELLEY Branch Chief, Regional-IGR-Transit Planning District 12 "Provide a safe.sustainable,integrated and efficient transportation$)sten( to enhance California's econonrn and livabiliiy"