HomeMy WebLinkAbout08 CODE AMENDMENT 2019-002 (ORDINANCE NO. 1505) FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE1AGENDA REPOR
MEETING DATE
W
FROM:
JANUARY 21, 2020
MATTHEW S. WEST, CITY MANAGER
ECONOMIC DEVELOPMENT DEPARTMENT
Agenda Item
B
Reviewed:
City Manager
Finance Director
N/A
SUBJECT: CODE AMENDMENT 2019-002 (ORDINANCE No. 1505),
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS
ORDINANCE
SUMMARY
Currently, the Tustin City Code does not allow "off -premises" signs, including digital
display billboards. The proposed Code Amendment 2019-002 would allow digital
display billboards under certain conditions and provide benefits to the City, such as
the removal of additional legal non -conforming billboards, advertising of City events
and public service announcements, and/or financial contributions to the City.
On December 10, 2019, the Planning Commission adopted Resolution No. 4397,
recommending that the Tustin City Council approve Code Amendment 2019-002
(Ordinance No. 1505).
RECOMMENDATION
It is recommended that the City Council:
1. Adopt City Council Resolution No. 20-06, adopting the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for the proposed
Code Amendment 2019-002 (Ordinance No. 1505)
2. Introduce and have the first reading of Ordinance No. 1505, approving Code
Amendment 2019-002, which adds subsection 9404(b)(7) and amends Section
9402 and subsections 9404(a)(1)(h), 9404(a)(1)(k), and 9404(b)(2) of Chapter 4
of Article 9 to the Tustin City Code relating to freeway adjacent digital display
billboards.
FISCAL IMPACT
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. The public benefits may include financial contributions to the
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Agenda Report
January 21, 2020
Page 2
City. In addition, the City owns the parcel on which Billboard 1 is located and currently
receives rental income. If the billboard is converted to a digital display billboard, the
City could receive additional rental income as a result of the conversion.
CORRELATION TO THE STRATEGIC PLAN
Code Amendment 2019-002 furthers the objective of the Goal A: Economic and
Neighborhood Development, enhancing the vibrancy and quality of life in the
community.
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" under
limited circumstances. 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 legal non -conforming billboard or freeway oriented
electronic changeable copy sign and 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 legal non-
conforming billboard or freeway oriented electronic changeable copy sign.
• A digital display billboard must be located within 400 feet of the 1-5 or SR -55.
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January 21, 2020
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• 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.
DISCUSSION
Currently, there are only six (6) billboards (including five legal non -conforming
billboards and one freeway oriented electronic changeable copy sign) within the City,
as depicted below in Table 1 and Exhibit 1:
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January 21, 2020
Page 4
Table 1: Billboard Locations
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Farther than
-----^---
- -
--------
300 Feet from
Within 400
Conforms to
Assessor's
Residential
Feet of a
Proposed
Parcel
Land Uses?
Freeway?
Ordinance?
Number
Billboard
location
(Y/N)
(Y/N)
(Y/N)
(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.
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 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 101 B, Red Hill
Avenue.
Zone: Central Commercial (C2).
5
Northwest comer of Red Hill Avenue and
N
Y
N
432-042-06
Nisson Road, billboard on top of Triangle
Billiards & Bar Stools
Zone: Retail Commercial (Cl)
6
Tustin Auto Center Billboard. This display
Y
Y
Y
500-181-08
is already digitized, and is characterized
as a free -way oriented electrotonic
I I
changeable copy sign.
Zone: Planned Community (PC)
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Agenda Report
January 21, 2020
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Exhibit 1: Billboard Locations
One existing billboard located in the Tustin Auto Center (Auto Center), identified as
Billboard 6 in Table 1 and Exhibit 1, is already digital and is characterized as a
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Agenda Report
January 21, 2020
Page 6
freeway oriented electronic changeable copy sign. Under the current sign regulations,
the Auto Center display cannot advertise businesses, activities, services, or products
not sold or produced on their premises. Under the proposed amendments, the Auto
Center could potentially 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 an
existing 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.
3. 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.
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Agenda Report
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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) and a Mitigation Monitoring and Reporting
Program for the proposed Code Amendment 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, at the Community Development Department, and on the City's website. The
public was invited to comment on the appropriateness of the Mitigated Negative
Declaration during a twenty (20) day review period between November 14, 2019, and
December 4, 2019. The only public comment received was a letter submitted by the
California State Transportation Agency (Caltrans). The letter and the City's response
were presented to the Planning Commission at the time of the meeting and are
included in this report as attachments.
PLANNING COMMISSION
On December 10, 2019, the Planning Commission held a public hearing on the
adoption of Resolutions No. 4396 and 4397, recommending that the Tustin City
Council adopt the Mitigated Negative Declaration for Code Amendment 2019-002 and
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. After a staff
presentation, public comments and discussion, the Planning Commission adopted
Resolution No. 4396, recommending that the City Council adopt the Mitigated
Negative Declaration for Code Amendment 2019-002 and Resolution No. 4397,
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Agenda Report
January 21, 2020
Page 8
recommending that the Tustin City Council approve Code Amendment 2019-002. The
Minutes from the meeting are attached.
During the deliberation, Commissioners sought clarification on the proposed
ordinance:
• Confirmation the Tustin City Code does not currently allow additional billboards
to be constructed and, if it does, there was a desire to see a limit to the number
of billboards erected.
Response: The Tustin City Code does not allow the additional billboards to be
constructed and, as a result, there is not a need to limit the number of
billboards to be erected.
• Confirmation the proposed ordinance would not increase the number of
billboards in the City.
Response: The proposed ordinance does not increase the number of
billboards. Provided it meets distancing requirements, a digital display billboard
can only replace an existing billboard.
• There should be a minimum distance between freeway adjacent digital display
billboards.
Response: Under the proposed ordinance, there are only two existing signs
eligible for conversion to a freeway adjacent digital display billboard. In
addition, Caltrans limits the minimum distance between digital displays to one
thousand feet.
• During the deliberation, Commissioners expressed concern that the proposed
ordinance did not go far enough in removing legal, non -conforming billboards
that are not eligible to be converted to a digital display billboard.
Response: Under the proposed ordinance, the City Council may require the
removal of legal non -conforming billboards as a condition for approving the
conversion of an eligible existing freeway -oriented sign to a digital display. The
proposed ordinance provides the City Council with flexibility and discretion in
determining the greatest public benefit that can result from such a conversion
including, without limitation the removal of legal non -conforming billboards,
advertising City events,.. and financial contributions to the City.
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Agenda Report
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Page 9
CITY ATTORNEY REVIEW
The City Attorney has prepared the content and form of Draft Ordinance No. 1505.
Following consideration of Code Amendment 2019-002 by the Planning Commission,
the City Attorney's office worked with staff to make minor, non -substantive, revisions to
the proposed ordinance, which clarify the intent of the code amendment. Namely,
language was added to Section 9404b(7)(a) clarifying that a freeway adjacent digital
display billboard may only be permitted in instances where the conversion will replace
either a legal non -conforming off -premises sign or a freeway -oriented electronic
changeable copy sign erected on or before November 14, 2019 (new text italicized).
PUBLIC NOTICE
A public notice was published in the Tustin News on January 9, 2020, informing the
public of proposed code amendment. Additional notices were provided to affected
property owners.
CONCLUSION
The proposed Code Amendment does not increase the number of billboards in the
City and has the potential to remove existing legal non -conforming billboards. In
addition, the proposed Code Amendment can provide additional benefits to the City in
the form of advertising of City events and/or financial contributions to the City.
Therefore, it is recommended the City Council introduce and have the first reading of
Ordinance No. 1505 and set a second reading for the next City Council meeting and
adopt Resolution No. 20-06.
Jo n Buchanan Jerry Craig
ector of Economic Development Deputy Director of B ines Services and
Housing
Attachments: Ordinance 1505 \\N
City Council Resolution`No. 20-06
Exhibit A: Draft Initial Study/Mitigated Negative Declaration
Exhibit B: Mitigation Monitoring and Reporting Program
December 10, 2019 Planning Commission Minutes
Public Comments to the Mitigated Negative Declaration
California Department of Transportation (Caltrans) letter
Response to Comments letter from Caltrans
1465573.1
ORDINANCE NO. 1505
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 I. 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 2019-002 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.
D. The proposed Code Amendment 2019-002 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.
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E. The proposed Code Amendment 2019-002 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 2019-002 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 2019-002 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 2019-002 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 2019-002 by the Planning Commission. The Planning
Commission adopted Resolution Nos. 4396 and 4397 and recommended that the City
Council approve Code Amendment 2019-002.
J. That on January 21, 2019, a public hearing was duly noticed, called, and
held on Code Amendment 2019-002 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 er banner signs or
freeway adjacent digital display billboards.
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"Digital display" means a sign 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 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 riqht-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 9404al (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 freestanding freeway signs
pursuant to subsection 9404b(3), or (2) 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 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
develoament aareement. the followina restrictions and criteria shall aaDly:
(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 a legally non -conforming off -premises sign or a freeway -
oriented electronic changeable copy sign erected on or before
November 14, 2019 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 freewav 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 Darcel.
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.
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 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 or
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 adjacent 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 Citv.
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 safetv 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 the parcel upon which the
freeway adjacent 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.
1465574.1
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this day of , 2020.
DR. ALLAN S. BERNSTEIN
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. 1505 was duly
passed and adopted at a regular meeting of the Tustin City Council held on the day
of , 20207 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Erica N. Yasuda, City Clerk
Published:
1465574.1
RESOLUTION NO. 20-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM FOR CODE AMENDMENT
2019-002 (ORDINANCE NO. 1505), A REVISION TO THE
TUSTIN CITY CODE ADDING SUBSECTION 9404(8)(7) AND
AMENDING SECTION 9402 AND SUBSECTIONS
9404(A)(1)(H), 9404(A)(1)(K), AND 9404(8)(2), RELATING TO
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That the proposed code amendment is considered a "project" subject to
the California Environmental Quality Act ("CEQA") (Public Resources
Code §§21000 et. seq., Title 14, California Code of Resolutions, §§ 15000
et seq. );
B. That the City of Tustin prepared an Initial Study to evaluate the potential
environmental impacts associated with proposed Tustin City Code
Amendment 2019-002 which concluded that with mitigation, potential
significant impacts can be reduced to a level of insignificance and a Draft
Mitigated Negative Declaration was prepared;
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 pursuant to 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 of Tustin is the lead agency on the project and the City
Council is the decision-making body for the proposed project;
E. That the proposed Mitigated Negative Declaration reflects the City of
Tustin's independent judgment and analysis pursuant to Public Resources
Code Section 21082.1 (c)(3).
F. 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. Following the hearing, the Planning
Commission adopted Resolution No. 4396 recommending that the City
1465554.1
City Council Resolution No. 20-06
Page 2
Council adopt the Final Mitigated Negative Declaration, attached hereto as
Exhibit "A", for Code Amendment 2019-002;
G. That a public hearing was duly called, noticed, and held on the proposed
Code Amendment on January 21, 2020, by the City Council; and
H. That the City Council has considered the Mitigated Negative Declaration
(Exhibit A) along with public comments received regarding the Mitigated
Negative Declaration.
II. The City Council hereby adopts the Final Mitigated Negative Declaration
attached hereto as Exhibit "A" and the Mitigation Monitoring and Reporting
Program attached hereto as Exhibit "B" for Code Amendment 2019-002
(Ordinance 1505), 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.
III. The custodian of the administrative record for this matter is the Tustin City Clerk,
located at 300 Centennial Way, Tustin, California 92780.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
on the 21 st day of January, 2020.
DR. ALLAN BERNSTEIN
MAYOR
ATTEST:
ERICA N. YASUDA
CITY CLERK
1465554.1
City Council Resolution No. 20-06
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ERICA N. YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does 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 Resolution No. 20-06 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 21St day of January,
20207 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA, CITY CLERK
1465554.1
Exhibit “A”
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
714.573.3121
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
Cecilia So, Project Manager
Report Date: November 14, 2019
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City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration Table of Contents
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Table of Contents
Acronyms and Abbreviations ......................................................................................................... v
Section 1: 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
2.19 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
Table 1: Billboard Locations .................................................................................................................... 2
Table 2: Existing Landfill Capacity Estimates ........................................................................................ 75
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Table of Contents Draft Initial Study/Mitigated Negative Declaration
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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
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration Acronyms and Abbreviations
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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
C2 Central Commercial Zone
CAL FIRE California Department of Forestry and Fire Protection
Cal/OSHA California Occupational Health and Safety Administration
CalEEMod 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
CO2e 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
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Acronyms and Abbreviations Draft Initial Study/Mitigated Negative Declaration
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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
NOX 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
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration Introduction
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SECTION 1: INTRODUCTION
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
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Introduction Draft Initial Study/Mitigated Negative Declaration
2 Y:\Publications\Client (PN-JN)\0019\00190025\ISMND\00190025 City of Tustin Code Amendments ISMND.docx
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 (I-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
Billboard Location
Farther than
300 Feet from
Residential
Land Uses?
(Y/N)
Within 400
Feet of a
Freeway?
(Y/N)
Conforms to
Proposed
Ordinance?
(Y/N)
Assessor’s
Parcel
Number
(APN)
1 Along the east side of the SR-55 freeway,
approximately 75 feet northeast of
Edinger Avenue. This billboard may be
digitized.
Zone: Specific Plan No. 11—Pacific Center
East Specific Plan (PCESP).
Y Y Y 430-252-05
2 Southwest side of I-5 freeway,
approximately 150 feet southeast of Red
Hill Avenue and accessible from Nisson
Road via the Tustin Auto Spa parking lot.
Zone: Commercial General (CG).
N Y N 432-402-06
3 Northeast side of El Camino Real,
adjacent to I-5 freeway.
Zone: Central Commercial (C2).
N Y N 500-041-02
4 Southeast side of Red Hill Avenue,
approximately 495 feet southwest of I-5
freeway, near Exit 101B, Red Hill Avenue.
Zone: Central Commercial (C2).
N N N 432-401-09
5 Northwest corner of Red Hill Avenue and
Nisson Road, billboard on top of Triangle
Billiards & Bar Stools
Zone: Retail Commercial (C1)
N Y N 432-042-06
6 Tustin Auto Center Billboard. This
billboard is already digitized.
Zone: Planned Community (PC)
Y Y Y 500-181-08
Orange
C
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S
an
B
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C
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Orange County
Los Angeles County
91
83
91
91
55
57
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241
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Villa Park
TustinSanta Ana
Orange
Atwood
Placentia
Garden Grove
Stanton
Orange
Park Acres
El Modena
IrvineSanta Ana
HeightsCosta Mesa
Westminster
Midway City
Huntington
Beach
Newport Beach
Balboa Island Newport Coast
Emerald Bay
Aliso Viejo
Laguna Woods
Las Flores
Mission Viejo
El Toro
Silverado
Trabuco
Canyon
Coto de Caza
Norco
Corona
Laguna Niguel
San Juan
Capistrano
Capistrano
Beach
Dana Point
South Laguna
Laguna Beach
Chino Hills
Los Serranos
ChinoDiamond Bar
Walnut
Yorba Linda
Pacific Ocean
Cleveland
National
Forest
Exhibit 1
Regional Location Map
5052.5
Miles
Text
Project Site
Source: Census 2000 Data, The CaSIL
CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
00190025 • 10/2019 | 1_regional.mxd
Legend
Billboard Locations
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55
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TUSTIN
SANTA ANA
IRVINE
00190025 • 10/2019 | 2_local_vicinity.mxd
Exhibit 2
Local Vicinity Map
Source: ESRI Aerial Imagery. Inset Maps Scale: 1inch = 350ft
CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
2,000 0 2,0001,000
Feet
6
5
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55
1
Legend
Billboard Locations
City Boundaries
Orange County
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Existing Billboard 1 - East of SR-55, 75 Feet Northeast of Edinger Avenue.
Existing Billboard 2 - South of I-5, 150 feet southeast of Red Hill Avenue.
Source: Google Maps.
00190025 10/2019 | 3a_existing_billboards_1and2.cdr•CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Exhibit 3a
Existing Billboards 1 and 2
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Existing Billboard3 – North of I-5, 50 feet west of El Camino Real.
Existing Billboard 4 – South of I-5, 15 feet southeast of Red Hill Avenue.
Source: Google Maps.
00190025 10/2019 | 3b_existing_billboards_3and4.cdr•CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Exhibit 3b
Existing Billboards 3 and 4
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Existing Billboard 5 – South of I-5, 20 feet west of Red Hill Avenue.
Existing Billboard 6 – North of I-5, 275 feet southwest of Auto Center Drive.
Source: Google Maps.
00190025 10/2019 | 3c_existing_billboards_5and6.cdr•CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Exhibit 3c
Existing Billboards 5 and 6
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City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration Introduction
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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 Plan1 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).2 The sixth billboard is currently digitized
and is located between the Tustin Auto Center and the I-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.3 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
1 City of Tustin. 2018. General Plan. November 2018. Website: https://www.tustinca.org/DocumentCenter/View/713. Accessed July
25, 2019.
2 City of Tustin. 2011. Pacific Center East Specific Plan. April 2011. Website: https://www.tustinca.org/DocumentCenter/View/705.
Accessed August 20, 2019.
3 Kimley-Horn. 2018. City of Tustin Red Hill Avenue Specific Plan. November 6. Website: https://www.tustinca.org/338/Red-Hill-
Avenue-Specific-Plan. Accessed July 25, 2019.
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Introduction Draft Initial Study/Mitigated Negative Declaration
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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, or banner signs, or freeway adjacent
digital display billboards.
“Digital display” means a sign 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
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
4 City of Tustin. 2019. Code of Ordinances Article 9—Land Use, Chapter 4—Sign Regulations. July 22, 2019. Website:
https://library.municode.com/ca/tustin/codes/code_of_ordinances?nodeId=ART9LAUS_CH4SIRE. Accessed July 30, 2019.
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration Introduction
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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.
(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.
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Introduction Draft Initial Study/Mitigated Negative Declaration
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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
(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 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 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 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 or the SR
55 freeway.
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration Introduction
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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 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
adjacent 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 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
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Introduction Draft Initial Study/Mitigated Negative Declaration
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• 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
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
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SECTION 2: ENVIRONMENTAL CHECKLIST AND ENVIRONMENTAL
EVALUATION
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
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards/Hazardous Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources
Noise 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 on 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:
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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?
b) 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 source of substantial light 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-55
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 I-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.
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Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
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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 I-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
City of Tustin
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Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
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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.6
• 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.”7
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.
5 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_FINAL.pdf. Accessed October 2, 2019.
6 California Department of Transportation (Caltrans). 2012. Caltrans Division of Research and Innovation, Effects of Outdoor
Advertising Displays on Driver Safety, p.9. October 11.
7 United States Department of Transportation (USDOT). 2007. Federal Highway Administration (FHWA), Guidance On Off-Premise
Changeable Message Signs, page.2. September 25.
Existing
Proposed
00190025 10/2019 | 4a_existing_proposed_view_from_newport_ave.cdr•CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Exhibit 4a
Existing and Proposed View from Newport Avenue
THIS PAGE INTENTIONALLY LEFT BLANK
Existing
Proposed
00190025 10/2019 | 4b_existing_proposed_view_from_SR55_NB.cdr•CITY OF TUSTIN
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Exhibit 4b
Existing and Proposed View from SR-55 Northbound
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Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
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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.
City of Tustin
Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance
Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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,
or a Williamson Act contract?
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))?
d) Result in the loss of forest land or conversion of
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)8 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
8 California Department of Conservation Office of Land Conservation. 1997. California Agricultural Land Evaluation and Site Assessment
Model Instruction Manual. Website: https://www.conservation.ca.gov/dlrp/Pages/qh_lesa.aspx. Accessed October 7, 2019.
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and
Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation
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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 Built-Up Land” on the Orange County
Important Farmland 2014 map.9,10 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.11 In addition, according to the City of Tustin’s Zoning Map, no areas within
the city limits are zoned for agricultural uses.12 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 California Department of Conservation (DOC). 2014. Farmland Mapping and Monitoring Program. 2014. Website:
https://www.conservation.ca.gov/dlrp/fmmp/Pages/Orange.aspx. Accessed August 8, 2019.
10 California Department of Conservation (DOC). 1997. Office of Land Conservation. California Agricultural Land Evaluation and Site
Assessment Model Instruction Manual. Website: https://www.conservation.ca.gov/dlrp/Pages/qh_lesa.aspx. Accessed October 7, 2019.
11 California Department of Conservation (DOC). 2016. California Important Farmland: 1984-2016. Website:
https://maps.conservation.ca.gov/dlrp/ciftimeseries/. Accessed August 8, 2019.
12 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.org/DocumentCenter/View/713/City-of-Tustin-General-Plan-PDF. Accessed August 8, 2019.
City of Tustin
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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://www.conservation.ca.gov/dlrp/fmmp/Pages/Orange.aspx. Accessed August 8, 2019.
15 United States Forest Service (USFS). 2019. Interactive Visitor Map 2.0. Website: https://www.fs.fed.us/ivm/index.html. Accessed
August 8, 2019.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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
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
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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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 on a
16 City of Orange. 2018. Billboard Ordinance Update Project. November 7.
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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 6.
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 1. 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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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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 local 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
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 Conservation 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
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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 (MBTA) 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 MBTA and California Fish and Game Code. Implementation of MM BIO-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.
17 California Legislative Information. Fish and Game Code. Division 0.5. General Provisions and Definitions. Chapter 1. General
Definitions. 86. Website: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=86.&lawCode=FGC.
Accessed October 7, 2019.
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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.20 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
18 California Department of Fish and Wildlife (CDFW). 2015. Conservation Plans By Species. Website:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=108719&inline. Accessed August 13, 2019.
19 California Department of Fish and Wildlife (CDFW). 2017. Summary of Natural Community Conservation Plans (NCCPs). Website:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=15329&inline. Accessed August 13, 2019.
20 County of Orange General Plan. 2005. Resources Element. Website:
https://www.ocgov.com/civicax/filebank/blobdload.aspx?blobid=40235. Accessed August, 13 2019
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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.
Mitigation Measures
MM BIO-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.
21 City of Tustin. 2018. General Plan Land Use Element, Figure LU-4. Website: https://www.tustinca.org/DocumentCenter/View/713.
Accessed August 13, 2019.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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
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 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
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.
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
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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
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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 Historical
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 or the 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.
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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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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 9.22 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
22 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.aqmd.gov/docs/default-source/rule-book/reg-xxiv/rule-2449.pdf.
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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 6, 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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
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
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?
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Environmental Evaluation
Would the proposed 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.
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.23 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.
23 California Geologic Survey. 2001. Earthquake Zones of Required Investigation Tustin Quadrangle. Website:
http://gmw.conservation.ca.gov/SHP/EZRIM/Maps/TUSTIN_EZRIM.pdf. Accessed October 3, 2019.
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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 Plan, 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.
24 United States Department of Agriculture (USDA). Natural Resources Conservation Service. 2019. Website:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed October 3, 2019
25 John 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.nrcs.usda.gov/Internet/FSE_MANUSCRIPTS/california/CA678/0/orange.pdf. Accessed October 3, 2019.
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f) 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 1139, 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 fossil 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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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 with 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 CO2e 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.,
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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 CO2e 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.”26 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
26 California Air Resources Board (ARB). 2009. Initial AB32 Climate Change Scoping Plan Document. Website:
https://ww3.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf. Accessed August 12, 2019.
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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 AB 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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
2.9 Hazards and Hazardous Materials
Would the project:
a) Create a significant hazard to the public or the
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
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
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
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display billboard located within the freeway corridors of the I-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 impact 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.
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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?
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 EnviroStor
database maintained by the Department of Toxic Substances Control (DTSC),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 for the 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.
27 California State Water Resources Control Board (State Water Board). 2019. GeoTracker Database. Website:
https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=Red+Hill+avenue%2C+tustin+ca. Accessed October 3, 2019.
28 California Department of Toxic Substances Control (DTSC). 2019. EnviroStor Database. Website:
https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=Red+Hill+Ave%2C+tustin+ca. Accessed October 3, 2019.
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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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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
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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 (2003), 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.
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(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 El 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. 06059C0281J. None of the existing billboards
would be subject to tsunamis and none are located in seiche zones.29
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
29 Federal Emergency Management Agency (FEMA). 2009. Flood Insurance Map (FIRM) of Tustin. Map Number 06059C0277J. Website:
https://msc.fema.gov/portal/search?AddressQuery=Red%20Hill%20Aveune%2C%20Tustin%20CA#searchresultsanchor. Accessed
August 12, 2019.
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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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
2.11 Land Use and Planning
Would the project:
a) Physically divide 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
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not conflict with the proposed code amendments or the City of Tustin General Plan. 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
None required.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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-
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 (MRZs), 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.”30
Furthermore, none of the existing billboard locations are identified as mineral lands of importance
within the City of Tustin General Plan. 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(a), 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
30 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.
31 R.V. Miller. 1995. Department of Conservation, Division of Mines and Geology. Open File Report 94-15. December 12, 1995.
Website: https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc. Accessed August 12, 2019.
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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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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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
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 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?
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
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approximately 85 A-weighted decibel (dBA) maximum noise/sound level (Lmax) 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 Lmax.
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 “[c]onstruction, 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 NOI-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 NOI-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
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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 groundborne 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.
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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 NOI-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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
2.14 Population and Housing
Would the 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)?
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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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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?
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.
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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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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
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 demand
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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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 equipment)?
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.
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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
None required.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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 facilities, the
construction or relocation of which could cause
significant environmental effects?
b) Have sufficient water supplies available to serve
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
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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/_gallery/get_file/?file_id=5cc32d492cfac24d21aecf4c&ir=1. Accessed November 13, 2019
34 County of Orange. 2019. Orange County Waste and Recycling. Construction and Demolition (C&D) Program. Website:
http://www.oclandfills.com/recycling/cnd_program. Accessed October 7, 2019.
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Table 2: Existing Landfill Capacity Estimates
Facility Location
Maximum Daily
Throughput
Cubic Yards
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
tons/day
266 million cubic yards 205 million cubic yards
Prima Deshecha San Juan Capistrano 4,000 tons/day 172.1 million cubic yards 134.3 million cubic yards
Source: Cal Recycle 2019. Solid Waste Information System (SWIS). Website:
https://www2.calrecycle.ca.gov/SWFacilities/Directory/. Accessed August 12, 2019.
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.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
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 wildfire 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 plan 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.
35 California Department of Forestry and Fire Protection (CAL FIRE). Fire and Resource Assessment Program. Very High Fire Hazard
Severity Zones in LRA As Recommended by CAL FIRE. Website: https://osfm.fire.ca.gov/media/5896/c30_tustin_vhfhsz.pdf.
Accessed August 21, 2019.
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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. 06059C0277J identifies the existing billboard locations as Flood Zone
X, an area with a 0.2 percent chance of annual 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.
36 California Department of Forestry and Fire Protection (CAL FIRE). Fire and Resource Assessment Program. California Department of
Forestry and Fire Protection. Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE. Website:
https://osfm.fire.ca.gov/media/5896/c30_tustin_vhfhsz.pdf. Accessed August 21, 2019.
37 Federal Emergency Management Agency (FEMA). 2009. Flood Insurance Map (FIRM) of Tustin. Map Number 06059C0277J. Website:
https://msc.fema.gov/portal/search?AddressQuery=Red%20Hill%20Aveune%2C%20Tustin%20CA#searchresultsanchor. Accessed
August 12, 2019.
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Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
2.20 Mandatory Findings of Significance
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?
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 BIO-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,
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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 I-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.
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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 NOI-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 BIO-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
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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.
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 19827.5, 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 8, California Code of
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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 NOI-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.
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SECTION 3: LIST OF PREPARERS
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
Phone: 714.508.4100
Fax: 714.508.4110
Project Director ...................................................................................................................... Kerri Tuttle
Project Manager ........................................................................................................................ Cecilia So
Environmental Analyst II ..................................................................................................... Kevin Bolland
Environmental Analyst II ............................................................................................. Stephanie Shepard
Air Quality and Noise Analyst ...................................................................................................... Phil Ault
Archaeologist ......................................................................................................................... David Smith
Visualization Specialist ................................................................................................................. Yiu Kam
Senior Editor .......................................................................................................................... Susie Harris
Word Processor .............................................................................................................. Ericka Rodriguez
GIS/Graphics ................................................................................................................ Karlee McCracken
Reprographics ..................................................................................................................... Octavio Perez
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Appendix A:
Freeway Adjacent Digital Display Ordinance
1343971.4
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING SECTION 9404B7
AND AMENDING SECTIONS 9402, 9404A1H, 9404A1K,
AND 9404B2 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 I. 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.
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-___.
I. That on ___________________, a public hearing was duly noticed, called,
and held on Code Amendment 2019-____ 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, or banner signs, or
freeway adjacent digital display billboards.
"Digital display" means a sign 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.
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. 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 adjacent digital
display billboard face display area shall be twenty-five (25) feet
1343971.4
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 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 or 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
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 adjacent 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
City.
1343971.4
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 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.
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.
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
1343971.4
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: _______________________________
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Draft Initial Study/Mitigated Negative Declaration
Y:\Publications\Client (PN-JN)\0019\00190025\ISMND\wp\00190025 City of Tustin Code Amendments ISMND_City comments KNT 101619_C....docx
Appendix B:
Cultural and Paleontological Records Search
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B.1
South Central Coast Information Center Records Search
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B.2
Natural History Museum of Los Angeles County Records Search
Vertebrate Paleontology Section
Telephone: (213) 763-3325
e-mail: smcleod@nhm.org
30 October 2019
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
Attn: 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 1 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
lie 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, Mammuthus, and camel, Camelidae, bones from sands
approximately 15 feet below the top of the mesa that is overlain by shell bearing silts and sands. A
little farther almost due south of the proposed project area site 2, in Costa Mesa along the Newport
Freeway near Santa Isabel Avenue, our older Quaternary locality LACM 4219 produced fossil
specimens of turtle, Chelonia, and camel, Camelidae. To the southeast of the proposed project area,
near the Orange County Great Park east of the Santa Ana Freeway (I-5) near the intersection of C
Street and 5th 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
Exhibit “B”
Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
for the
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
714.573.3121
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
Cecilia So, Project Manager
Report Date: December 20, 2019
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City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance
Mitigation Monitoring and Reporting Program Preface
Y:\Publications\Client (PN‐JN)\0019\00190025\MMRP\00190025 City of Tustin Code Amendments MMRP.docx iii
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section
15097 require a Lead Agency to adopt a mitigation monitoring or reporting program whenever it
adopts a mitigated negative declaration in conjunction with a project approval. The purpose of the
monitoring or reporting program is to ensure compliance with the mitigation measures during
project implementation.
The Initial Study and Mitigated Negative Declaration (IS/MND) prepared for the City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance concluded that the implementation of the
project could result in potentially significant effects on the environment and mitigation measures
were incorporated into the proposed project or are required as a condition of project approval that
reduce these potential impacts to less than significant level. The purpose of this Mitigation
Monitoring and Reporting Program (MMRP) is to document how and when the mitigation measures
adopted by the lead agency are implemented, and to document that potential environmental
impacts are reduced to less than significant levels as identified in the MND.
This document does not discuss those subjects that the MND analysis demonstrates would result in
less than significant impacts and for which no mitigation was proposed or necessary.
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City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Mitigation Monitoring and Reporting Program
S:\Pacific Center East\Billboard\CEQA\Initial Study\MMRP\00190025 City of Tustin Code Amendments MMRP.DOCX 1
Table 1: Freeway Adjacent Digital Display Billboards Ordinance Project Mitigation Monitoring and Reporting Program
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification
Verification of Completion
Date Initial
2.1 Aesthetic
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.
Review the results of the
site-specific lighting study
and confirm the results
are within the
specifications.
During design review. City of Tustin
Community
Development
Department
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.
Review of project design
plans.
During design review. City of Tustin
Community
Development
Department
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.
Review operational light
parameters.
Prior to installation
and regular
operation of a digital
display billboard,
during the review of
the conditional use
permit.
City of Tustin
Community
Development
Department
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Mitigation Monitoring and Reporting Program
FirstCarbon Solutions 2
S:\Pacific Center East\Billboard\CEQA\Initial Study\MMRP\00190025 City of Tustin Code Amendments MMRP.DOCX
Table 1 (cont.): Freeway Adjacent Digital Display Billboards Ordinance Project Mitigation Monitoring and Reporting Program
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification
Verification of Completion
Date Initial
2.4 Biological Resources
MM BIO-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.
If construction occurs
during the nesting bird
season (September 1
through January 31),
verify inclusion in grading
plan notes; conduct site
inspection; approval of
schedule; verify submittal
of nesting bird survey
findings/results.
Throughout the
duration of any
proposed actions
(e.g., upgrade to
electronic billboard
faces and/or
relocation).
City of Tustin
Community
Development
Department
2.7 Geology and Soils
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.
Verify retention of a
qualified paleontological
monitor or professional
Paleontologist.
During all earth-
moving construction
phases.
City of Tustin
Community
Development
Department
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Mitigation Monitoring and Reporting Program
S:\Pacific Center East\Billboard\CEQA\Initial Study\MMRP\00190025 City of Tustin Code Amendments MMRP.DOCX 3
Table 1 (cont.): Freeway Adjacent Digital Display Billboards Ordinance Project Mitigation Monitoring and Reporting Program
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification
Verification of Completion
Date Initial
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 professional
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.
2.9 Hazards and Hazardous Materials
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.
Verify completion of
visual inspection and
samples of suspect
materials. Verify submittal
of proper documentation
and safety procedures. If
asbestos or lead-based
paints are found, verify
retention of professional
removal service.
Prior to and during
billboard removal
and/or relocation
activities.
City of Tustin
Community
Development
Department
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Mitigation Monitoring and Reporting Program
FirstCarbon Solutions 4
S:\Pacific Center East\Billboard\CEQA\Initial Study\MMRP\00190025 City of Tustin Code Amendments MMRP.DOCX
Table 1 (cont.): Freeway Adjacent Digital Display Billboards Ordinance Project Mitigation Monitoring and Reporting Program
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification
Verification of Completion
Date Initial
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.
2.13 Noise
MM NOI-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
Verify all construction
equipment is equipped
with mufflers. Verify
construction plans. Verify
submittal of proper
documentation with
regard to construction
schedule and hours of
operation.
Throughout billboard
upgrade and/or
relocation activities.
City of Tustin
Community
Development
Department
City of Tustin
Freeway Adjacent Digital Display Billboards Ordinance Mitigation Monitoring and Reporting Program
S:\Pacific Center East\Billboard\CEQA\Initial Study\MMRP\00190025 City of Tustin Code Amendments MMRP.DOCX 5
Table 1 (cont.): Freeway Adjacent Digital Display Billboards Ordinance Project Mitigation Monitoring and Reporting Program
Mitigation Measures Method of Verification Timing of Verification
Responsible for
Verification
Verification of Completion
Date Initial
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 Sundays or City observed federal
holidays.
Minutes – Planning Commission December 10, 2019 – Page 1 of 9
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
DECEMBER 10, 2019
7:00 p.m. CALL TO ORDER
Given INVOCATION/PLEDGE OF ALLEGIANCE: Jha
All present. ROLL CALL: Commissioners Chu, Gallagher, Jha, Kozak, Mason
None. PUBLIC CONCERNS:
CONSENT CALENDAR:
Approved the
Minutes of the
September 10,
2019 Planning
Commission
meeting.
1. APPROVAL OF MINUTES – SEPTEMBER 10, 2019
RECOMMENDATION:
That the Planning Commission approve the Minutes of the September 10,
2019, Planning Commission meeting, as provided.
Motion: It was moved by Kozak, seconded by Gallagher, to approve the Minutes of the
September 10, 2019 Planning Commission meeting. Mason and Chu recused
themselves. Motion carried 3-0-2.
Approved the
Minutes of the
November 12,
2019 Planning
Commission
meeting.
2. APPROVAL OF MINUTES – NOVEMBER 12, 2019
RECOMMENDATION:
That the Planning Commission approve the Minutes of the November 12,
2019, Planning Commission meeting, as provided.
Motion: It was moved by Kozak, seconded by Chu, to approve the Minutes of the
November 12, 2019 Planning Commission meeting. Motion carried 5-0.
Minutes – Planning Commission December 10, 2019 – Page 2 of 9
PUBLIC HEARING:
Item continued to
the January 28,
2020 Planning
Commission
meeting.
3. CONDITIONAL USE PERMIT 2019-00001, DESIGN REVIEW 2019-
00005, AND LOT LINE ADJUSTMENT 2019-00001 FOR JOINT-USE
PARKING, SITE AND BUILDING IMPROVEMENTS, AND A LOT LINE
ADJUSTMENT
APPLICANT: Douglas S. Ely, AIA
DSEA, Inc.
145 South Olive Street
Orange, CA 92866
PROPERTY
OWNER: Trinity Christian Center of Santa Ana
DBA: Trinity Broadcasting Network
2442 Michelle Drive
Tustin, CA 92780
LOCATION: 2442 Michelle Drive, 14132, 14152, and 14171
Chambers Road, and 14101 and 14131 Franklin
Avenue
ENVIRONMENTAL:
This project is categorically exempt (Class 1 and Class 5) pursuant to Sections
15301 and 15305 of the California Environmental Quality Act.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4398, approving:
a. CUP 2019-00001 for the establishment of joint-use parking.
b. DR 2019-00005 for the design and site layout associated with façade,
landscape and hardscape improvements, including modified parking
stalls.
c. LLA 2019-00001 to consolidate four (4) lots into one (1) parcel.
Motion: The applicant requested modifications to four (4) of the proposed conditions of
approval for the subject project. Given the significance of the requested
modifications and the time needed to address the matter, staff recommended
that this item be continued. It was moved by Chu, seconded by Kozak, to
continue the item to the January 28, 2020 Planning Commission meeting.
Minutes – Planning Commission December 10, 2019 – Page 3 of 9
Adopted
Resolution No.
4396 and
Resolution No.
4397, as
amended.
4. CODE AMENDMENT 2019-002, FREEWAY ADJACENT DIGITAL
DISPLAY BILLBOARDS ORDINANCE
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 non-conforming billboards, advertising of City events and
public service announcements, and/or financial contributions to the City.
A Draft Initial Study/Mitigated Negative Declaration for the above project has
been prepared 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.
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.
Craig Presentation given.
Jha Jha questioned the number of applicants who have inquired with the City if their
billboards could be converted to electronic. He asked about the number of
potential new locations, if conforming, and if the City is entertaining new
billboards or only reducing the number of existing billboards. Jha also asked if
the City is for or against billboards.
Craig
In response to Jha’s questions, Craig stated that the proposed ordinance is not
intended to add additional billboards, but only to address existing legal non-
conforming billboards or, in the case of the Tustin Auto Center, the existing
digital freeway signs which they are not allowed to do off-site advertising. He
added that the proposed ordinance would limit the number of potential digital
billboard signs, which was further clarified with the supplemental red-lined
ordinance that was placed at the dais. Craig stated that the existing sign
regulations does not allow off-site advertising. If the City moves forward with the
Minutes – Planning Commission December 10, 2019 – Page 4 of 9
Craig proposed ordinance, it would only deal with the existing billboards that are in
compliance with the ordinance.
Willkom Per Willkom, with respect to the existing billboards, the City has been
approached in the past by an advertising company who wanted to convert the
billboards to digital. These billboards are no longer permitted and are
considered non-conforming signs. TCC does not allow structural alterations or
modifications to any existing non-conforming off-premise signs or billboards. As
for changeable copy signs, such as the Tustin Auto Center, the current TCC
allows changeable copy signs with the approval of a conditional use permit
(CUP). Willkom added that the Tustin Auto Center did obtain a CUP for a
changeable copy sign; however, they cannot advertise off-site businesses or
products.
Kozak Kozak asked, under the adoption of the proposed ordinance, if anything for the
Tustin Auto Center would change.
Willkom In response to Kozak’s question, Willkom stated there are currently six (6) signs,
four (4) are billboards that advertise off-premises. One (1) sign used to be Al’s
Woodcraft, which they advertised the existing business on-site. Per Willkom,
there is currently a changeable copy sign for the Tustin Auto Center. The
proposed ordinance would allow the freeway adjacent digital billboard to replace
an existing off-premises or billboard sign or changeable copy sign meeting
certain criteria; the digital billboard has to be within 400 feet from the freeway,
and the digital billboard has to be 300 feet away from the residential area.
Willkom added, only two (2) digital billboard signs would be eligible, which would
be the Tustin Auto Center sign and the existing billboard on Edinger Avenue.
Chu Chu voiced her concern regarding the possibility that businesses may rent
regular billboards then eventually convert to digital billboards. She asked Craig
what the potential number of billboards would be that fits the criteria and if they
could be erected in Tustin. Chu also asked if the current number of billboards
is the maximum number for the entire city.
Willkom In response to Chu’s previous questions, Willkom stated the following, in
general: new billboards are not allowed under the Tustin Sign Code (TSC); the
proposed ordinance would allow freeway adjacent digital billboards, which is
very specific to the location and manner of the sign that is being proposed; the
billboard has to meet the City’s criteria; the proposed ordinance requires public
benefits to be proposed in conjunction with the sign and a Development
Agreement has to be approved; Willkom confirmed there are currently six (6)
billboard signs in the City; and with the exception of the Tustin Auto Center, sign
owners can continue to advertise off-site businesses provided they do not
structurally alter the sign.
Mason Mason asked if a new business opens up near the freeway and they erect a
changeable copy sign, could that at some point, change to outdoor advertising
and revenue generation, or simply be erected to promote a business.
Minutes – Planning Commission December 10, 2019 – Page 5 of 9
Craig Per Craig, clarification was made in the proposed ordinance that if a business in
the City had an electronic changeable copy sign, they could not convert it
because the proposed ordinance is specific to those signs existing at time of
adoption. This would only allow for the existing six (6) billboards and only two
(2) signs are in compliance with the City’s ordinance.
Gallagher Gallagher asked if the City evaluated whether an existing business could re-
locate the signs on the same parcel and be eligible for a new digital sign. He
also voiced his concern with off-premises advertising – making the billboard
more effective to an out-of-city business, which he felt would not benefit the City.
Can we control advertisement to local businesses? Gallagher also asked if the
City could require the removal of additional billboards without modifying the
proposed ordinance.
Craig Per Craig, four (4) of the existing off-premises signs are not eligible due to the
closeness of the signs to residential properties, with respect to sign content, the
City does not control content for advertising based on the Gilbert case ruling. In
the 20 years since the signs became non-conforming, they have not been
removed and now the proposed ordinance does give the City an opportunity to
have some of these signs removed. The City Council has the potential to have
additional billboards removed. The City could end up having one (1) additional
display billboard along the Interstate 55 freeway and remove three (3) of the four
(4) existing legal non-conforming billboards currently in place.
Kozak Kozak asked the following, in general: in terms of removal of an existing non-
conforming sign, with the establishment of a new digital billboard – what if there
are different property owners or entities involved with the exchange of a new
confirming digital billboard?; can the City require the removal of another property
owner’s billboard when dealing with different property owners? What kind of
presentation or proof would be needed to have a property owner remove the
billboard? He added that the current proposed ordinance does not indicate any
specific timeline or mechanism to remove non-conforming signs. Kozak asked
about the financial exchange and if those funds would be used to remove those
signs or would the City look to the property owner or owner of the sign and could
the City offer a monetary incentive if the City is receiving funds.
Daudt Per Daudt, if the will of the Planning Commission is to impose the mandatory
requirement or to specify that one absolutely required or the aspect of the public
benefit is the removal of no less than one (1) existing legal non-conforming
billboard, it would be permissible. The fact is, those properties may be owned
by different entities and would have to be sorted out by the respective parties
and the individual to gain the benefit of updating their existing billboard. They
may have to work out a private deal with someone else that results in removing
the billboard which the City would not be involved. In response to Kozak’s last
question, as far as the mechanics it would be something along the lines with
conditioning the actual construction or issuance of building permits with the
digital billboard on the actual physical removal of the other sign that they
identified through the development agreement as being the facility that would be
removed in exchange for their entitlement.
Minutes – Planning Commission December 10, 2019 – Page 6 of 9
Craig Craig added that as part of a development agreement, if the Planning
Commission and the City Council both have stated that the ordinance requires
the removal of a legal non-conforming billboard, staff would ensure that occurs
before a new billboard was constructed. Currently, the four (4) legally non-
conforming billboards are currently owned by the same owner. The City would
look to the owner of the sign to remove those signs.
Gallagher Gallagher asked why staff does not just develop the development agreement
first, and then come with the proposed ordinance. He asked if what is being
proposed is a typical approach. He voiced his concern with having to weigh in
on what could hypothetically impact the City.
Willkom In response to Gallagher’s question, Willkom explained the development
agreement, which is a specific agreement entered between the City and the
party involved. Depending upon the site, location, manner, things can be
differently agreed upon. If it is the consensus of the Commission, in order for a
new digital billboard to be erected, not only does the property owner need to
replace one (1) existing legal non-conforming, but they also need to remove
another one, which could be the Commission’s recommendation to the City
Council.
Mason Mason asked Craig how other cities deal with billboards. She wanted to know
if the removal of these billboards are taken care of through the Commission, City
Council, land owner based on the relationship with the media company that
owns all of the legally non-conforming signs. Mason asked if the City benefits
financially from the billboards.
Craig Per Craig, if the property owner alters the structure, then the sign must be
removed. However, to date, this has not yet occurred.
Willkom Willkom further explained that legal non-conforming signs generally indicates
that at one time it was legally constructed. Now it is no longer allowable or
permitted. The TCC provides the ability for the property owner to continue the
advertisement or the use of that sign, provided the sign is not structurally altered.
If the Commission or the City Council wishes to remove the billboards from the
City, typically, staff would need to create a policy, ordinance or resolution to allow
owners of the sign to recoup their investment and allow them to continue until
such a time then they would need to remove the sign.
Craig Per Craig, the City could possibly benefit financially under a development
agreement.
7:50 p.m. Opened/Closed the Public Comments.
Jha Jha’s final comments generally included: if staff modified the amount of
billboards, nothing will happen with the leases on the billboards due to different
property owners; less of an incentive and will not make financial sense for
owners to remove the legal non-conforming billboards if they are on an extended
lease.
Minutes – Planning Commission December 10, 2019 – Page 7 of 9
Gallagher Gallagher’s final comments generally included: he was not in favor of additional
billboards nor the direction this will take the City; he did not feel the City would
benefit financially; there are too many unknowns (no control on content, there is
no specific proposal to weigh in on as to which billboard would be removed); and
this will lead to a path of unintended consequences.
Chu Chu asked approximately how much revenue the City would gain by having the
existing billboards.
Craig In response to Chu’s question, the revenue is received annually from the
Edinger Avenue property, which is approximately $60,000. Per Gallagher’s
previous comments, Craig stated that the Commission has the ability to add a
finding which states a billboard needs to be removed. For example, the
company that owns all four (4) legally non-conforming billboards that advertises
off-site businesses could be reduced down to one (1).
Willkom In response to Gallagher, currently, the City does not allow off-site
advertisement. The City cannot regulate content, but can regulate time, manner
and placement of billboards. The Commission’s recommendation would be
forwarded to the City Council for their consideration and the City Council has the
ability to accept or decline the Commission’s recommendation. The proposed
ordinance furthers the goals of Economic Development.
Mason Mason stated that the Commission could take the recommendation, as
amended, with an addition of a consideration of one (1) non-conforming billboard
for one (1) digital billboard removal of signs and still forward the item to the City
Council for their consideration.
Willkom Willkom further clarified that the proposed ordinance is an enabling ordinance.
For any signs to be erected or to replace the existing signs, a CUP and
development agreement are required and will have to go before the Commission
before construction takes place.
Jha Jha suggested language be included in the ordinance stating that if a property
owner wants to convert a sign to a digital billboard the property owner could
provide funds to the City in lieu of removing another billboard.
Kozak Kozak added that there is no certainty that an agreement can be made between
the sign owner and the property owners. He asked if the City has enforcement
abilities with the proposed ordinance. He does see a need for the ordinance for
regulating the proliferation of the billboard signs.
Craig Craig added that if the billboard company wants to convert their sign to a digital
display to generate higher revenue, they have the ability to do that since they
also own other billboard signs, and the removal of the sign may not be an issue.
This has been done in other jurisdictions.
Mason Mason also agreed there is a need for the ordinance and the specificity of what
is legal and what is conforming. She sought for clarification on options the
Commission can consider and forward to the City Council.
Minutes – Planning Commission December 10, 2019 – Page 8 of 9
Willkom Per Willkom, the Commission’s could consider the following options: option one
- direct staff to amend the ordinance to require one (1) more removal of a legal
non-conforming sign, in addition to the one (1) sign being replaced, to be
recommended to the City Council; and option two – the removal of additional
signs could be included in the development agreement, which will go before the
Commission when a new sign is being proposed, but that provision is not
included in the ordinance.
Daudt Daudt further clarified as follows: the ordinance, as proposed, would allow both
the Commission and the City Council some latitude in terms of considering what
public benefits are offered (i.e. removal of a billboard). If the language is
amended in the proposed ordinance, to specify that the public benefit must
include no less than the removal of one (1) billboard, in addition to the other
items discussed that may be included. A third option, if and when a development
agreement comes back to the Commission for consideration, the Commission
is interested in the ultimate removal of billboards and would weigh heavily on
the proposal and includes the removal of billboards in a development
agreement, which will be a separate item to be considered by the Commission.
The ordinance cannot be modified yet to specify what we expect to see in the
development agreement but the Commission will be provided with an
opportunity to amend at that time. Tonight’s discuss is mainly about the
mechanism the City is trying to put in place to allow the Commission the
opportunity to consider these calculations in the future.
Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution Nos. 4396
and 4397, as amended. Motion carried 4-1. Gallagher opposed.
None. REGULAR BUSINESS
Willkom Willkom wished the Commission a Merry Christmas and a Happy New Year!
STAFF CONCERNS:
COMMISSION CONCERNS:
Gallagher Gallagher stated that the reason he voted against the previous item was
because he believed the City should have the requirement, that at a minimum,
one additional billboard should be replaced.
Kozak Kozak attended and reported the following events:
11/17: Dignified United States Flag Retirement Ceremony (OCFA)
11/21: Mayor’s Breakfast
12/3: City Council - Mayor’s Reception
12/5: CPF webinar – Legislation SB 50 and SB 330 – he requested a one page
summary of each legislation.
12/6: Christmas Tree Lighting
Best wishes to all for a Merry Christmas and Happy New Year!
Minutes – Planning Commission December 10, 2019 – Page 9 of 9
Jha Jha wished everyone happy holidays! Merry Christmas! Happy Hannuka!
Happy Kwanzaa! Happy New Year!
Chu Chu informed the Commission of the Architectural Design Competition currently
on display at the Tustin Library.
Mason Mason attended and reported the following events:
12/3: City Council - Mayoral Changeover
12/7: Christmas Tree Lighting
Mason thanked former Mayor Chuck Puckett for his service and congratulations
to current Mayor Allan “Doc” Bernstein and Mayor Pro Tem Letitia Clark. She
also thanked staff for their hard work and happy holidays!
8:22 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, January 14, 2020, at 7:00 p.m. in the City Council Chamber at 300
Centennial Way.
STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY_ GAVIN NEWSOM., Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
1750 EAST FOURTH STREET, SUITE 100
SANTA ANA, CA 92705
PHONE (657) 328-6267
FAX (657) 328-6510
TTY 711
www.dof.co.gov
December 2, 2019
Mrs. Erica Yasuda
City of Tustin Planning Department
300 Centennial Way
Tustin, CA 92780
Dear Mrs. Yasuda,
0
Making Conservation
a Calitornia Way of Life.
File: IGR/CEQA
SCH#: N/A
12 -ORA -2019-01269
1-5. SR 55. SR 261
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 system 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
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
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
not display any red or blinking lights or display any copy that has flashing
"Provide a safe. sustainable, integrated and efficient transportation system
to enhance California's economy and livability"
City of Tustin
December 2, 2019
Page 2
lights or full motion animation as prohibited in Bus. & Prof. Code Section
5403.
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.
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
htfps://dot.ca.gov/programs/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
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:
httrp://www.dot.ca.gov/hg/traffops/developserv/perm'its/
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.
Sin
SC
Branch Chief, Regional-IGR-Transit Planning
District 12
"Provide a safe, sustainable, integrated and efficient transportation system
to enhance California's economy and livability"
UNITED STATES
T +1 888 826 5814
T +1 714 508 4100
F +1 714 508 4110
E info@fcs‐intl.com
Irvine
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Suite 250
Irvine, CA 92602
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Suite 380
Walnut Creek, CA 94597
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7265 N. First Street
Suite 101
Fresno, CA 93720
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650 E. Hospitality Lane
Suite 125
San Bernardino, CA 92408
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2204 Plaza Drive
Suite 210
Rocklin, CA 95765
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2901 Bluegrass Boulevard
Suite 200‐62
Lehi, UT 84043
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2 Corporate Drive
Suite 450
Shelton, CT 06484
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10 Monument Street
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SINGAPORE
North America | Europe | Africa | Australia | Asia www.firstcarbonsolutions.com
Cover Letter
December 10, 2019
Jerry Craig, Deputy Director of Business Services & Housing
City of Tustin
Economic Development
300 Centennial Way
Tustin, CA 92780
Subject: Response to Comments—City of Tustin Freeway Adjacent Digital Display
Billboards Ordinance
Dear Mr. Craig:
FirstCarbon Solutions (FCS) is pleased to submit this Response to Comments letter for the
proposed City of Tustin Freeway Adjacent Digital Display Billboards Ordinance (project).
To date, the following letter has been received with regard to the proposed project:
Letter No. 1: Letter from the California Department of Transportation (Caltrans),
District 12, dated December 2, 2019.
Although a lead agency is not required to provide written responses to comments on
negative declarations or mitigated negative declarations under the California Environmental
Quality Act (CEQA), the City of Tustin has evaluated the comments received on the project
Initial Study/Mitigated Negative Declaration (IS/MND) and has elected to provide responses
to comments, as well as refinements to the Draft IS/MND. None of the comments received
resulted in the need to recirculate the MND or to prepare an Environmental Impact Report
(EIR).
This letter includes a list of the comments and responses to comments on the Draft IS/MND,
and it identifies any refinements and clarifications to the Draft IS/MND. A copy of the
comment letter received regarding the Draft IS/MND is included in Attachment A.
Should you have any questions, please do not hesitate to contact me at 714.508.4100 x1026.
Sincerely,
Cecilia So, Project Manager
FirstCarbon Solutions
250 Commerce, Suite 250
Irvine, CA 92602
Enc: Attachment A: Letter from Caltrans
2
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Response to
Comments
RESPONSE 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
Letter from Department of Transportation, District 12, Dated December 2, 2019
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 CALTRANS-1
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.
Comment CALTRANS-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 1,000 feet apart on the same side of the highway as stated in Bus. Prof. Code Section 5405(d)(1).
Response to CALTRANS-2
Please refer to Response to CALTRANS‐1.
Comment CALTRANS-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 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 CALTRANS-3
Please refer to Response to CALTRANS‐1.
3
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Response to
Comments
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 CALTRANS-4
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.
Comment 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 CALTRANS-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.
4
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Response to
Comments
ERRATA
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 (stricken).
Title Page
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
714.258.7794 714.573.3121
Contact: Jerry Craig, Deputy Director of Economic Development
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Response to
Comments
Attachment A:
Letter from Caltrans
CALTRANS
Page 1 of 2
1
2
3
CALTRANS
Page 2 of 2
3
CONT
4
5