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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
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 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
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Resolution No. 4397
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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,
2019.
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.
II. 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.
1294162.2
Resolution No. 43,97
Page 3
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin hold on the 1011 day of December, 2019,
AMY MA!�q�.
Chairperson
ZABETH A, BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
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 Nlo. 4397 was
passed and adopted at a regular meeting of the Tustin Planning Commission:, held on the
1Va' day of Decernber, 2019, by the following vote:
PLANNING COMMISIONER AYES: Chu, Xha, Kozak, Mason (4)
PLANNING COMMISIONER NOES -'T-agher (13
PLANNING COM MI'SIONER ABSTAINED:
PLANNING COMMISIONER ABSENT:--.------
jvt� AB—EETH A. BINSACK
Planning Commission Secretary
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