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Home My WebLink AboutCC RES 20-06RESOLUTION 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 Resolution 20-06 Page 1 of 3 Commission adopted Resolution No. 4396 recommending that the City 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. ATTEST: ERICA NJYASUDA, City Clerk I D d LLAN BERNSTEIN, Mayor Resolution 20-06 Page 2of3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, 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 21 st day of January, 2020, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: -L� /w,,, ERICA N.'VAOUDA, City Clerk Resolution 20-06 Page 3 of 3 Bernstein, Puckett, Cooper, Lumbard (4) (0) (0) Clark (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 FIRSTCARBON THIS PAGE INTENTIONALLY LEFT BLANK city of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft InRial Study/M1NOW Negative Declaration Table of Contents Tabie of contents Acronymsand Abbreviations......................................................................................................... v Section1: Introduction.................................................................................................................. 1 1.1- Purpose..............................................................................................................................1 1.2 - Project Location.................................................................................................................1 1.3 - Project Description............................................................................................................1 1.4 - City of Tustin Code Amendments....................................................................................14 1.5 - Required Discretionary Approvals...................................................................................17 1.6 - Intended Uses of this Document.....................................................................................18 Section 2: Environmental Checklist and Environmental Evaluation...............................................19 2.1 Aesthetics................................................................................................................... 20 2.2 Agriculture and Forestry Resources........................................................................... 28 2.3 Air Quality................................................................................................................... 31 2.4 Biological Resources...................................................................................................34 2.5 Cultural Resources and Tribal Cultural Resources...................................................... 38 2.6 Energy.........................................................................................................................42 2.7 Geology and Soils....................................................................................................... 44 2.8 Greenhouse Gas Emissions........................................................................................48 2.9 Hazards and Hazardous Materials..............................................................................51 2.10 Hydrology and Water Quality..................................................................................... 55 2.11 Land Use and Planning............................................................................................... 59 2.12 Mineral Resources......................................................................................................61 2.13 Noise...........................................................................................................................63 2.14 Population and Housing.............................................................................................67 2.15 Public Services............................................................................................................ 68 2.16 Recreation.................................................................................................................. 70 2.17 Transportation............................................................................................................ 71 2.18 Utilities and Service Systems...................................................................................... 73 2.19 Wildfire.......................................................................................................................76 2.20 Mandatory Findings of Significance........................................................................... 78 Section3: 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 1 YAPubumlons\Client f PN-!N)\0D19\0D39WZS\ISMND\00190015 CRY of Tysdn Code Amendment, ISMNDAd IN City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Table of Contents Draft Initial Study/Mitigated Negative Declaration List of Exhibits Exhibit 1: Regional Location Map............................................................................................................3 Exhibit2: Local Vicinity Map...................................................................................................................5 Exhibit 3a: Existing Billboards 1 and 2.....................................................................................................7 Exhibit 3b: Existing Billboards 3 and 4....................................................................................................9 Exhibit 3c: Existing Billboards 5 and 6...................................................................................................11 Exhibit 4a: Existing and Proposed View from Newport Avenue...........................................................23 Exhibit 4b: Existing and Proposed View from SR -55 Northbound........................................................25 IV Y'\Publications\Client IPA-JNI\0019\00190025\ISMND\00190035 City of Tustin Code Amendments ISMND.doa City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial5tudy/Mitigated Negative Declaration 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 CaIEEMod California Emissions Estimator Model Caltrans California Department of Transportation CASQA California Stormwater Quality Association CCR California Code of Regulations CDFW California Department of Fish and Wildlife CECIA 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 Y'\Vubbotions\Chen[ (iN-JN)\0019\D019D075\ISMND\00190025 City of Toriin Code Amendments ISMND.dod v Acronyms and Abbreviations City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration LED light -emitting diode Lmax maximum noise/sound level LRA Local Responsibility Area LUST Leaking Underground Storage Tank MBTA Migratory Bird Treaty Act MM Mitigation Measure MRZ Mineral Resource Zones MT metric ton NCCP Natural Community Conservation Plan NOE Notice of Exemption 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 Vi Y:\Publications\Client (PN-JN)\0019\0019D075\ISMND\00190015 City of Tustin Code Amendments ISMND.docx City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft initial5ft*11Wtlgated Negative Decl� 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 Y:\PuNtimatrons\Cll.nt(PN-JNA0019\001900i5\ISMND\00190025 City dTusft Cod. Am dm uISMNO.dm — 1 Introduction City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration the sign is placed. A digital display billboard can only replace an existing billboard and, in order for a digital display billboard(s) to replace an existing billboard, the billboard must be located within 400 feet of either the Interstate 5 (1-5) freeway or State Route 55 (SR -55) freeway right-of-way and may be no closer than 300 feet to the nearest residential property. There are currently only six existing billboards in freeway corridors within the City, as depicted below in Table 1. One billboard, identified as Billboard 6 in Table 1, is already digital, is covered by a Notice of Exemption (NOE), and is not analyzed within this Draft IS/MND. Of the remaining five billboards, four do not comply with the proposed Tustin City Code amendments and therefore could not be converted to digital display. Only one of the six existing billboards is eligible for conversion to a digital display (Billboard 1). Exhibits 3a, 3b, and 3c show the current billboard locations. Table 1: Billboard Locations Billboard Location 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). 2 Southwest side of 1-5 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). 3 Northeast side of EI Camino Real, adjacent to 1-5 freeway. Zone: Central Commercial (C2). 4 Southeast side of Red Hill Avenue, approximately 495 feet southwest of 1-5 freeway, near Exit 101B, Red Hill Avenue. Zone: Central Commercial (C2). 5 Northwest corner of Red Hill Avenue and Nisson Road, billboard on top of Triangle Billiards & Bar Stools Zone: Retail Commercial (Cl) 6 Tustin Auto Center Billboard. This billboard is already digitized. Zone: Planned Community (PC) 2 Farther than 300 Feet from Within 400 Conforms to Assessor's Residential Feet of a Proposed Parcel Land Uses? Freeway? Ordinance? Number (Y/N) (YIN) (Y/N) (APN) Y Y Y 430-252-05 N Y N 432-402-06 N Y N 500-041-02 N N N 432-401-09 N Y N 432-042-06 Y Y Y 500-181-08 Y:\PuDliwions\Client (PN-JN)\OD19\00190035\ISMND\00190035 City of Tustin Code Amendments ISMND.d= Stanton �i Garden � Westminster � '!, Midway City Huntington No Beach --T— Costa Mesa Pacific Ocean Legend �j Billboard Locations Walnut I Diamond Bar i i Chino i i Los Serranos Ch`Hills Los Ang6!es County � i Orange County p• B@^' i Norco i ------- 9m, ` 40 I 0e, oe Placentia Y'orba Linda ` y `♦_ _ , �� _ na Atwood C� ro RLS Santa Ana -,%% 1c Irvine Beach ilboa Island, Villa Park Orange Park Ac EI Modena A Tustin Source: Census 2000 Data, The CaSIL FIRSTOARBON e 5 2.5 0 5 Miles 00190025 • 10/2019 1 1—regional.mxd Woods nd al i Forest El Toro Trabuco Canyon Mission Vn Coto de Caza Flores iy Laguna Beach Laguna Niguel < i San Juan i South Lagunana Capistrano Dana Point Capistrano Beach ' r r Exhibit 1 Regional Location Map CITY OF TUSTIN FREEWAYADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION THIS PAGE INTENTIONALLY LEFT BLANK a el ITS■ � '` � e� � � {� • Ir r r • c�r 4 � f --�ss��i• - �� 4H%?�.'AM ��►.{:"' � rw 'ire � �' � 'I $ � y,. � '{ `.. �{ Ay. !y yhTys TIN r', 46 r • w �� ♦ stir- �► ! ff t � �.- �� ., +�'4"�;, • ISI ;• THIS PAGE INTENTIONALLY LEFT BLANK Existing Billboard 1- East of SR -55, 75 Feet Northeast of Edinger Avenue. Existing Billboard 2 - South of 1-5, 150 feet southeast of Red Hill Avenue. Source: Google Maps. FIRSTCARBON SOLUTIONSTM Exhibit 3a Existing Billboards 1 and 2 00190025 • 10/2019 1 3a_existing_bill boards_1and2.cdr CITY OF TUSTIN FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION THIS PAGE INTENTIONALLY LEFT BLANK Existing Billboard3 — North of 1-5, 50 feet west of EI Camino Real. Existing Billboard 4—South of 1-5, 15 feet southeast of Red Hill Avenue. Source: Google Maps. FIRSTCARBON SOLUTIONST" 00190025 • 10/2019 1 3b_existing_billboards_3and4.cdr Exhibit 3b Existing Billboards 3 and 4 CITY OF TUSTIN FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION THIS PAGE INTENTIONALLY LEFT BLANK a� I bollm'". —EEL. - Ir r t Existing Billboard 5 — South of 1-5, 20 feet west of Red Hill Avenue. F. Ak i Existing Billboard 6 — North of 1-5, 275 feet southwest of Auto Center Drive. Source: Google Maps. FIRSTCARBON JOLUTIONST" 00190025 • 10/2019 1 3c—existing_billboards_Sand6.cdr Exhibit 3c Existing Billboards 5 and 6 CITY OF TUSTIN FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION THIS PAGE INTENTIONALLY LEFT BLANK City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration Introduction The proposed code amendments would permit freeway adjacent digital display billboards in commercial zones, upon approval of a Conditional Use Permit (CUP), and subject to the reasonable restrictions and criteria intended to ensure the public health and safety concerning the location, distance from residential uses, height, size, design, orientation, brightness, and display cycle of such signs. The proposed code amendments would be consistent with the Tustin General Plan' in that they would comply with Land Use Element Goal 4, to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. Five of the six billboards potentially affected by the amendments to the Tustin City Code are located within one of two specific plan areas: the Red Hill Avenue Specific Plan (RHASP) (four billboards), and the Pacific Center East Specific Plan (PCESP) (one billboard ).2 The sixth billboard is currently digitized and is located between the Tustin Auto Center and the 1-5 freeway; it is not located within a Specific Plan area. The RHASP is designed to retain a commercial character in the RHASP planning area and to allow existing land uses to continue. The RHASP Environmental Impact Report (EIR) serves as a first-tier Program EIR for future development within the RHASP planning area for projects consistent with the Program EIR that do not require additional environmental review.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 Ci of Tustin. 2018. General Plan. November 2018. Website: htt s://www.tustinca.or DocumentCenter City p s/ /View/713. Accessed July 25, 2019. 2 City of Tustin. 2011. Pacific Center East Specific Plan. April 2011. Website: https://www.tustinca.ors/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. YAPubkAt1onslGient)PN-1N)X001910DISDD25115MND10019W25 Oty of TusVn Code A—dnMts 15MND.d= City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Introduction Draft Initial Study/Mitigated Negative Dedaratian 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, of banner signs, or freeway adiacent 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. "Freewav adiacent digital displav billboard" means a pole sign or chaneeable co 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 94000. "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—Sian Regulations. July 22, 2019. Website: https://library.municode.com/ca/tustin/codes/code_of_ordinances?nodeld=ART9LAUS_CH4S]RE. Accessed July 30, 2019. 14 Y:\Nolludons\Client (rN-)N(\0019\0019D075\ISMNU\00190035 cnv d rusnn Cade Amendments ISMND.d— City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration Introduction sold or produced on the premises upon which the sign is placed, including a billboard and any other outdoor advertising sign and structure, but not including; a freeway adiacent 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. YAPublications\Client (PN.JN)\0019\DU190025\ISMND\00190025 City of Tustin Code Amendments ISMND.doa 15 City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Introduction Draft Initial 5tudyI# tigated Negative Declaration SECTION V. Section 9404b(7) of Chapter 4 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): Freeway adjacent digital display billboards. All freeway adiacent 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 adiacent 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. 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 adiacent 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 freewav adiacent digital displav billboards shall either be double faced or include covered backs or facings. Notwithstanding anything in this Chapter to the contrary, the distance of separation between the faces on a double-faced freeway adiacent digital displav 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 adiacent digital display billboard must be oriented primarily for viewing from the Interstate 5 freeway or the SR 55 freeway. 16 VAPiblinbons\Client (PN-1N)\0019\00190015\ISMND\00190075 City of Tustin Code Amendment, 151VINDAM City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/MltlpWd Negative Declaration Introduction 7. Brightness. All freeway adiacent digital display billboards must comply with all applicable laws and regulations concerning brightness, including, without limitation, California Vehicle Code Section 21466.5. 8. Display cycle. A freeway adiacent digital display billboard may show a series of still images, each displayed for at least eight (8) seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition or blank screen time between one still image and the next may not exceed one 1 second. 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 adiacent digital display billboard. 10. Public benefit. In approving a development agreement for any freeway adiacent digital display billboard, the City Council must find that the agreement will confer a substantial public benefit to the City and to the general public. Such public benefits may include, without limitation, the removal of additional legal non -conforming billboards, advertising of City events and public service announcements, and/or financial contributions to the 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 adiacent 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 CECIA 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 YAPubiltatinnsWient(PN-1N)k0019A00190025k1SMNOI,001900Z5 City of Tustin Cade Amendments ISMNO.dm 17 City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Introduction Draft Initial Study/Mitigated Negative Declaration • Adoption of Ordinance No. 1321 • Conditional Use Permit to upgrade Billboard 1 to a digital display billboard • Development Agreement to upgrade Billboard 1 to a digital display billboard 1.6 - Intended Uses of this Document This Draft IS/MND has been prepared to determine the appropriate scope and level of detail required in completing the environmental analysis for the proposed project. This document will also serve as a basis for soliciting comments and input from members of the public and public agencies regarding the proposed project. The Draft IS/MND will be circulated for a minimum of 20 days, during which comments concerning the analysis contained in the Draft IS/MND should be sent to: Jerry Craig, Deputy Director of Economic Development City of Tustin 300 Centennial Way Tustin, CA 92780 Phone: 714.573.3121 Fax: 714.669.0976 Email: JCraig@tustinca.org 18 Y:\Publications\Client (PN-JN(\0019\00190015\ISMND\00190015 City of Tustin Code Amendments ISMND.doa City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft initial Study/Mitipafied Negative Declaration Environmental "uation Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this proposed project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry ❑ Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Energy ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards/Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ 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: YAPubk~s\CJ1mt (PN-1N(\DD19\DD19DD25\15MND\00190025 CKV of Tusdn fade Amendments ISMND.doa 19 Environmental Checklist and Environmental Evakntion City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial StudyfMi igated Negative Declaration 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 1-5 freeway and the Tustin Auto Center. If upgraded to a digital display, Billboard 1 could undergo alterations in height, orientation, and display under the proposed project. Billboard 1 could also potentially be relocated to the western corner of the property on which it currently exists. Following the potential digital display upgrade to Billboard 1 (and possible relocation) views of the local peaks east of the SR -55 freeway may be obstructed. However, the resulting impacts to views of the local mountains would not be any more significant than what currently exist with the billboard that is already present on the property (see Exhibits 4a and 4b). As such, impacts to scenic vistas would be less than significant. 20 Y:\PubAutlons\Client (PN•1N)\0019\00190015\ISMND\00190075 City of Tustin Code Rm.nd-vents 15141NO.ft Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Environmental Issues Impact Incorporated Impact Impact 2.1 Aesthetics Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ vista? 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 1-5 freeway and the Tustin Auto Center. If upgraded to a digital display, Billboard 1 could undergo alterations in height, orientation, and display under the proposed project. Billboard 1 could also potentially be relocated to the western corner of the property on which it currently exists. Following the potential digital display upgrade to Billboard 1 (and possible relocation) views of the local peaks east of the SR -55 freeway may be obstructed. However, the resulting impacts to views of the local mountains would not be any more significant than what currently exist with the billboard that is already present on the property (see Exhibits 4a and 4b). As such, impacts to scenic vistas would be less than significant. 20 Y:\PubAutlons\Client (PN•1N)\0019\00190015\ISMND\00190075 City of Tustin Code Rm.nd-vents 15141NO.ft City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitigated Negative Decloratlon Environmental Eva/wdon b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State Scenic Highway? No impact. SR -55 and 1-5 are located in the immediate vicinity of the existing billboards but are not designated scenic highways, nor are they eligible to become State Scenic Highways. The nearest officially designated scenic highway is identified as SR -91, located approximately 10 miles to the northeast of the existing billboards. Based on the distance to the nearest State Scenic Highway, no impacts to scenic resources within a State Scenic Highway would occur with project implementation. c) in non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than significant impact. The existing billboards are located in heavily urbanized areas within the City of Tustin. Existing Billboards 2 through 5 are noncompliant with the proposed code amendments and are therefore not eligible for digital display upgrades. Billboard 1 may be upgraded to an LED face, which would operate on a continuous basis. This billboard could also potentially be relocated to the western corner of the property. At the new proposed location, the billboard would be oriented facing northwest, and southwest towards the SR -55 freeway, and would not be facing directly towards nearby sensitive receptors. Furthermore, based on the distance from the nearest residentially zoned property, and the regulations set forth in the proposed code amendments, Billboard 1 is not located in an area that conflicts with applicable zoning laws. As such, impacts would be less than significant. And in fact, the visual character of public views may be improved by the proposed project because in approving a development agreement for a freeway adjacent digital display billboard, a substantial public benefit must be conferred, which may include the removal of other non -conforming, older, and less visually attractive billboards within the City. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than significant impact. Only Billboard 1 would be eligible for conversion to digital display under the proposed project. If replaced, Billboard 1 could also potentially be relocated to the western corner of the property on which it currently exists. The new location would be approximately 260 feet from the nearest lane of travel on the SR -55 freeway. The replacement Billboard 1 would be oriented facing the SR -55 freeway and would not be angled towards the residential dwellings located to the north. The nearest sensitive receptor to Billboard 1 is a multi- family apartment complex, located approximately 420 feet northeast of the existing billboard. Existing nighttime light sources in the vicinity of Billboard 1 include streetlights, parking lot lights, headlights from passing vehicles, highway lighting, and lighting on buildings and structures. Implementation of Mitigation Measure (MM) AES -1 will ensure that the light or glare impacts associated with the relocation and conversion of Billboard 1 to a digital display are less than significant. MM AES -1 requires a site-specific lighting study to confirm that the maximum intensity of light output produced by billboards authorized pursuant to the proposed code amendments would not exceed 0.3 foot-candle at a distance of 250 feet, which is the International Sign Association's VAP. G.0—NCll.1(VNdNI\DD19\D019D025\ISMND\00190025 City of Tustin Cod. A—dneMsISMND.dm 21 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration maximum nighttime brightness level recommendation for digital display billboards. According to the Illuminating Engineering Society (IES), a foot-candle is defined as the illuminance on a one square foot surface from a uniform light source. Foot-candles are the most common unit of measurement used by lighting professionals to calculate light levels in businesses and outdoor spaces.-' 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. 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. _ ' United States Department of Transportation (USDOT). 2007. Federal Highway Administration (FHWA), Guidance On Off -Premise Changeable Message Signs, page.2. September 25. 22 YAPublications\Client (PN-1N(\0019\0019DO25\15MND\00190035 City of Tustin Code Amendments 15MND.dMK Ah C 'F 1 w' y , ■ Existing Proposed FIRSTCARBON Exhibit 4a SOLUTIONSTMExisting and Proposed View from Newport Avenue 00190025. 10/2019 i 4a_existing_proposed_view_from_newport_ave.cdr CITY OF TUSTIN FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION THIS PAGE INTENTIONALLY LEFT BLANK Existing FIRSTCARBON Exhibit 4b SOLUTIONST" Existing and Proposed View from SR -55 Northbound 00190025. 10/2019 i 4b—existing_proposed_view—from_SR55_NB.cdr CITY OF TUSTIN FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS ORDINANCE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION THIS PAGE INTENTIONALLY LEFT BLANK City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft mitre study/Mlt/guted aegatrve Declarotkn Environmental EveWt/en 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 -i 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. V-.%PUb&rtar3kQent(GN-1N)\0019\00190015VSMN0k0019W25 Clry of TusUn Cod* Amendm MISMNO.d— 27 Environmental Checklist and Environmental Evaluadan Environmental Issues City of Tustin Freeway Adjacent Digital Display Billboards ordinance Draft Inkfal Study/MM* ted Negative Dedaration Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact 2.2 Agriculture and Forestry Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (2997) 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(8))? 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 (D0C)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 ° 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/dirp/Pages/qh_lesa.aspx. Accessed October 7, 2019. 28 Y:\Publications\Chen (PN-JN)\0019\00190025\ISMND\0019W25 CItV at Tustin Code Amenemenu 15MND.d= City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft initial Study/Afitigated Negative Declarodon Environmentaf Evahmaim 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." 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(8)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51304(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, ' 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. ]D 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/gh_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.ors/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.tustirtca.org/DocumentCenter/View/713/City-of-Tustin-General-Plan-PDF. Accessed August 8, 2019. YAPub4mGons%C1ent(PN-1NIkW19\W19WZS\ISfANDlW19W25 City of Tustln Code Amendr MWN04— 29 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mttlg W Negative Dcclwatlon 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." 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." 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.htmi. Accessed August 8, 2019. 30 _ — mpumwionswient (PN-JNi\0019\0019D025\ISMND\0019D025 CM of tusdn Cade Amendments ISMND. d= City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration Environmental Issues Less than Significant Potentially Impact with Significant Mitigation Impact Incorporated Environmental Checklist and Environmental Evaluation Less than Significant No Impact Impact 2.3 Air Quality Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ 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 Y'\Publications\Client (PN.JN(\0019\00190025\ISMND\00190025 City of Tustin Code Amendments ISMND.dom 31 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental EvohraHon Draft Initial Study/Mitigated Negative Declaration consistent with air quality -related regional plans and would not jeopardize attainment of state and — federal ambient air quality standards in the region. Impacts are therefore less than significant. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or State ambient air quality standard? Less than significant impact. The proposed project would generate regional criteria air pollutant and ozone precursor emissions resulting from short-term construction and long-term operational activities. SCAQMD has developed regional thresholds of significance for both construction and operational emissions. These thresholds are considered to be the allowable emissions limit for each project in order for the region to attain and maintain ambient air quality standards. Therefore, a project that would not generate daily regional emissions that exceed SCAQMD's thresholds would also not violate or contribute substantially to an existing or projected air quality violation. Construction of the proposed project would result in the temporary generation of criteria pollutant emissions. Based on a review of a recent similar billboard ordinance update and associated environmental analysis document prepared for the City of Orange, which included the replacement of five existing City of Orange billboards, 16 FCS estimated construction emissions for the activities associated with the proposed project. The proposed billboard upgrade and possible relocation activities would require the use of hand tools and small crane rigs. It would take approximately one to two working days to remove the existing billboard structure. Based on previous modeling of construction emissions associated with the replacement of five billboard faces within the City of Orange, billboard upgrade and possible relocation activities would not exceed any of SCAQMD's thresholds of significance. Therefore, the proposed project would similarly not be expected to exceed any of SCAQMD's thresholds of significance. Following the proposed upgrade and possible relocation activities, long-term operational emissions could be generated from the day-to-day operations of the upgraded digital display billboard. Such billboards require occasional upkeep and maintenance activities (e.g., painting, face panel upgrades, and safety checks), which generate vehicle trips. The long-term operation of the upgraded digital display billboard would include vehicle trips associated with minimal and irregular maintenance activities, occurring only as needed (less than once per month and likely only one vehicle). Accordingly, operational criteria pollutant emissions would not be anticipated to exceed the recommended thresholds of significance. Therefore, the proposed project would not result in any significant increase in criteria pollutants or contribute to an existing air quality violation or exceed an SCAQMD threshold. Additionally, the proposed project would be required to comply with all applicable rules to minimize construction impacts. Therefore, project operational emission impacts would be less than significant. The SCAQMD thresholds of significance represent the allowable amount of emissions each project can generate without generating a cumulatively considerable contribution to regional air quality impacts. Therefore, a project that would not exceed the SCAQMD thresholds of significance on a --� 16 City of Orange. 2018. Billboard Ordinance Update Project. November 7. 32 YAPubhutions\Client (PN-JNI\0019\00190025\15MND\00190025 City d Tustin Code Amendments ISMNO.dMx City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and DrvJt Initial Study/Mitigated Negative Declaration Environmental Evaluation project level also would not be considered to result in a cumulatively considerable contribution to these regional air quality impacts. As described above, the proposed project is not expected to result in a cumulatively considerable net increase of any criteria pollutant. Therefore, cumulative impacts would be less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Less than significant impact. Sensitive receptors are defined as schools, hospitals, resident care facilities, daycare centers, or other facilities that may house individuals with health conditions that would be adversely impacted by changes in air quality. The nearest sensitive receptors to Billboard 1, which is the only billboard currently eligible for digitization, are located approximately 420 feet to the north and northeast of the billboard. Sensitive receptors nearest to other existing billboards include a residential multi -family housing complex located approximately 100 feet northwest of Billboard 5 and 250 feet west of Billboard 4. Furthermore, as indicated in Table 1, residential development is located within 300 feet of Billboards 2 and 3. No residential development is located within 500 feet of Billboard 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. rVubkAtgnsk0ent(VN-IN(\0039kWI900Z5\ISMNO\00I900Z5 O'ty of Tustin code A—d tts ISMNO.d= 33 Environmental checklist and EnvironmentW Evaluation Environmental Issues 2.4 Biological Resources Would the project: City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft lnitkd Study/Mitlgated Negative Declaration Less than Significant Potentially Impact with Significant Mitigation Impact Incorporated 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 ❑ Environmental Evaluation Would the proposed project: Less than Significant No Impact Impact ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a) Have a substantial adverse effect, either directly or through habitat modifications, on any species Identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than significant impact with mitigation incorporated. The proposed project is not anticipated to have direct or indirect impacts on special -status plants or wildlife and is not anticipated to have a substantial adverse effect, either directly or through habitat modifications, on any species identified 34 r:\Publlutiws\client (PN-)NI\0019\00190025\ISMNO\00190075 city of Tustin Code Amendments ISMND.dm 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: Less than Significant No Impact Impact ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a) Have a substantial adverse effect, either directly or through habitat modifications, on any species Identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than significant impact with mitigation incorporated. The proposed project is not anticipated to have direct or indirect impacts on special -status plants or wildlife and is not anticipated to have a substantial adverse effect, either directly or through habitat modifications, on any species identified 34 r:\Publlutiws\client (PN-)NI\0019\00190025\ISMNO\00190075 city of Tustin Code Amendments ISMND.dm City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitigated Negative Deckwatlon Envkannwntal Evaluation as a candidate, sensitive, or special -status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or United States Fish and Wildlife Service (USFWS). The existing billboard locations are currently developed. Only one mature tree is located near Billboard 1. Additional mature trees are located on adjacent parcels near the existing billboard locations, and these trees could potentially provide cover, foraging, and nesting habitat for resident and migratory birds that have adapted to urban areas, such as mourning doves (Zenaida macroura) and killdeer (Charadrius vociferus). In addition, birds may be found nesting within the sign structure itself. These species are protected by the Migratory Bird Treaty Act (META) and the California Fish and Game Code (Fish and Game Code §§ 3503, 3503.5, 3513, and 3800), which render it unlawful to "take" native breeding birds and their nests, eggs, and young. The California Fish and Game Code defines "take" for purposes of all of these statutes as "to hunt, pursue, catch, capture, kill, or attempt to hunt, pursue, catch, capture, or kil1..i17 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. —1 17 California Legislative Information. Fish and Game Code. Division O.S. General Provisions and Definitions. Chapter 1. General Definitions. 86. Website: http:/Aeginfo.legislature.ca.gov/faces/codes_displaysection.xhtml?sectionNum=86.&IawCode=FGC. Accessed October 7, 2019. YAPAIIraUo W(ent(PN-1N)\0019\00190015\ISMND\00190025 ON of rusUn Code Amendmenn ISMNO.doa 35 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No impact. The existing billboards are located within urban developed environments that have little natural habitat and no sensitive habitats nearby. No State or federally protected wetlands exist near the existing billboard locations. Therefore, no impacts on State or federally protected wetlands would occur as a result of implementing the proposed code amendments. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? No impact. There are no wildlife nurseries or wildlife movement corridors on or near the existing billboard locations. The existing billboard locations are heavily developed urban lands near major freeways; therefore, no impacts to migratory wildlife corridors or wildlife nursery sites would result from implementing the proposed code amendments. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No impact. The proposed code amendments and the potential future billboard upgrade or relocation activities would not require the removal of trees, and the proposed project would not conflict with any local policies or ordinances protecting biological resources; as such, no impacts would occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? No impact. Orange County has a number of Habitat Conservation Plans (HCPs) and two Natural Community Conservation Plans (NCCPs). None of the existing billboard locations are located within the HCP or NCCP area s.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 1e California Department of Fish and Wildlife (CDFW). 2015. Conservation Plans By Species. Website: https://nrm.dfg.ca.gov/FileHandier.ashx?DocumentlD=108719&inline. Accessed August 13, 2019. 19 California Department of Fish and Wildlife (CDFW). 2017. Summary of Natural Community Conservation Plans (NCCPs). Website: https:Hnrm.dfg.ca.gov/Fi]eHandier.ashx?DocumentlD=15329&inline. Accessed August 13, 2019. 20 County of Orange General Plan. 2005. Resources Element. Website: https://www.ocgov.com/civicax/filebank/blobdioad.aspx?blobid=40235. Accessed August, 13 2019 36 Y:\Nb%ubWS\Client (PN-1N}\0019\90190015\VWND\00190025 CttY of Tustin Code Amendmenu ISMNDAtl City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitlyatcd Negative Declaration Environmental Evaluation development .2' 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. Y.\Pub4atb s\lllent(PN4M)\0019\UU39%25\ISMND\(N3130025Otvof Tus0n Code 4mendmmts ISMNUd� 37 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Drug initial Study/Mitigated Negative Declaration Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Environmental Issues Impact Incorporated Impact Impact 2.5 Cultural Resources and Tribal Cultural Resources Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as pursuant to Section 15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ significance of an archaeological resource pursuant to Section 15064.5? c) Disturb any human remains, including those ❑ ❑ ® ❑ 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 38 — V.\P+b11mbons\C%en%(YN-)Nl\0019\00190015\ISMND\00190035 CRY of Tastln Code AmenMnenb I5MND.0oa City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitigated Negative Deckwation Environmental Evaluation anticipated. The Code of Federal Regulations (CFR), Title 36, sets forth policies related to Parks, Forests, and Public Property. Under 36 CFR 60, a property would potentially be recommended for possible inclusion on the National Register of Historic Places if it is at least 50 years old. The results of the South Central Coastal Information Center (SCCIC) records search shows that one resource has been recorded within 0.5 mile of the project site. This resource is not located within the site itself. Based on a review of historic aerial photographs obtained online, the SR -55 freeway and surrounding areas were developed between 1963 and 1972. Furthermore, based on aerial photographs, Billboard 1 was constructed between 1972 and 1980. A structure was previously located adjacent to Billboard 1 between at 1963 and 1994; however, the structure was removed to the concrete foundation prior to 2002. Although the billboard remained on the property, based on the apparent date of construction, the structure could not be greater than 50 years old. As such, project implementation would not introduce new impacts on any existing historic resources. Therefore, no impact would occur. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? No impact. Records search results from the SCCIC indicate that one resource has been recorded within 0.5 mile of the project site. No prehistoric resources were recorded within the project site. Due to the nature of the urbanized land and the present condition of the existing billboard locations, upgrading Billboard 1 to a digital display would not be anticipated to impact cultural or archaeological resources. Should Billboard 1 be relocated on-site, the limited ground disturbance associated with potential billboard relocation would not be anticipated to impact cultural or archaeological resources. The proposed project would therefore not cause adverse change in the significance of an archaeological resource as defined in Section 15064.5 of the CEClA 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 CECIA Guidelines Section 15064.5. California Health and Safety Code Section 7050.5 requires that in the event that human remains are discovered on a project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation into the Y!\PubMWions\C lent (PN-JN(\0019\00190075\ISMNO\00190075 City of Tunin Code Amendnenn ISMNDAo — 39 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluadon Draft Initial Study/Mitigated Negative Declaration circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. The proposed project would comply with existing laws and regulations pertaining to the inadvertent discovery of human remains. Compulsory adherence to this law would ensure that impacts related to the inadvertent discovery and/or disturbance of human remains are less than significant. Tribal Cultural Resources Would the proposed project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: d) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), or No impact. In order for a property or structure to be listed within the California Register of 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. 40 YAPubliatlons\Client (PNJN)\0019\00190035\ISMND\00190035 City Of Tustin Code Amendments ISMND.d— City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation 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. y:\Publications\Client (PN-1N(\0019\00190025\ISMND\00190025 City of Tustin Code Amendments ISMND, docx 41 Environmental Checklist and Environmental Evaluation City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration 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.agmd.gov/docs/default-source/rule-book/reg-xxiv/rule-2449.pdf. 42 Y:\PuOliutions\Client (PN-)N)\DD19\DD190025\ISMND\00190025 City of Tustin Code Amendments ISMND.dM, Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Environmental Issues Impact Incorporated Impact Impact 2.6 Energy Would the project: a) Result in potentially significant environmental ❑ ❑ ® ❑ impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a State or local plan for ❑ ❑ ® ❑ renewable energy or energy efficiency? Environmental Evaluation Would the proposed project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than significant impact. The following discusses the potential energy demands from construction activities associated with the potential conversion of one digital billboard. Operational energy uses associated with the operation of one potential digital display billboard are also addressed in this section. Short -Term Construction Although the proposed code amendments do not specifically require energy expenditures, indirect consequences include the use of construction equipment and vehicle fuels during the potential billboard relocation activities. These temporary demands for energy would depend on the ultimate disposition of Billboard 1, which may potentially be relocated to the corner of the property on which it currently exists. The use of energy resources by construction equipment and vehicles would fluctuate according to the phase of construction and would be temporary. Upon completion of the potential upgrade and/or relocation activities, all construction activities would cease. Furthermore, the construction contractors are required to minimize non-essential idling of construction equipment during construction in accordance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9.22 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.agmd.gov/docs/default-source/rule-book/reg-xxiv/rule-2449.pdf. 42 Y:\PuOliutions\Client (PN-)N)\DD19\DD190025\ISMND\00190025 City of Tustin Code Amendments ISMND.dM, City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation require use of natural gas -powered equipment. Therefore, overall, it is expected that construction fuel associated with upgrading and possibly relocating Billboard 1 would not be any more inefficient, wasteful, or unnecessary than similar projects and impacts would be less than significant with respect to construction -related energy demands. Long -Term Operation Due to the nature of the proposed project, its operation would not generate demand for natural gas and transportation energy. However, the potential upgrade of Billboard 1 to a digital display billboard would create additional demands for electricity to account for lighting of the digital sign. Southern California Edison (SCE) provides electric service to the City of Tustin, including the existing billboard locations. The specific quantity of energy used by the new billboard would be dependent upon the size and brightness of the display. Operation of digital display billboards would comply with the California Code of Regulations Title 24, Part 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. Y \Publiutions\@ent (PN.)N)\0019\00190025\ISMND\00190025 City of Tustin Code Amendments ISM ND,docii 43 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration Less than Significant Potentially Impact with Less than Significant Mitigation Significant No 44 YAPubll[ations\Client (PNJN)\0019\00190015\ISMND\00190075 City of Tustin Code Amendments ISMND.doq Environmental Issues Impact Incorporated Impact Impact 2.7 Geology and Soils Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ❑ ❑ ❑ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ® ❑ 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? 44 YAPubll[ations\Client (PNJN)\0019\00190015\ISMND\00190075 City of Tustin Code Amendments ISMND.doq City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation 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/'rUSTIN_EZRIM.pdf. Accessed October 3, 2019. YAPublications\Client (PN.)N(\0019\00190025\ISMNO\00190025 City of Tustin Code Amendments ISMNO.dod 45 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration b) Result in substantial soil erosion or the loss of topsoil? Less than significant impact. Implementation of the proposed code amendments could result in the replacement and relocation of Billboard 1. Although Billboard 1 may potentially be relocated to the corner of the property, earthwork would be minimal. The limited earthwork associated with replacing and possibly relocating Billboard 1 would be performed in compliance with local and State building requirements and is not expected to result in substantial soil erosion or the loss of topsoil. Impacts are therefore considered less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less than significant impact. The potential conversion of Billboard 1 to a digital display and the possible relocation of Billboard 1 on-site would be completed in accordance with the most recent California Building Standards Code. As such, the proposed project would comply with all State and local building and safety regulations. Therefore, impacts associated with unstable geologic units would be less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than significant impact. The proposed project would not construct structures intended for human occupancy, which precludes substantial risks to life as a result of expansive soils. According to the Natural Resources Conservation Service Soil Maps Billboard 1 is located atop a soil classified as Chino silty clay loam, drained.24 According to the Soil Survey of Orange County and the western part of Riverside County, California, the Chino series of soils is identified as a suitable soil for row crops and urban development .2' 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. 19 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.nres.usda.gov/Internet/FSE_MANUSCRIPTS/california/CA678/0/orange.pdf. Accessed October 3, 2019. 46 - Y:\Publications\Client (PN-JN(\0019\00190025\I5MND\00190025 City of Tustin Code Amendments ISMND.dmx City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/MitigaUd Negative Declaration Environmental Evaluation 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. Y:\Pu69at0ns\CJient (PN.JN)\0019\00190025\ISMNO\00190025 Gry of Tualn Code Amendments ISMND.dm 47 Environmental Checklist and Environmental Evaluedon Environmental Issues 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: City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft initial Stady/Midgated Negative Declaration Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 (COA 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 KOM for one billboard removal and 1 MT COZe generated for one billboard replacement. It is therefore reasonably foreseeable that the potential upgrade and possible relocation of Billboard 1 would not result in GHG emissions in excess of local and State regulations. Operational or long-term GHG emissions occur over the life of a project. Motor vehicle, water, and waste sources of GHG emissions would be negligible during operation of the proposed project (i.e., 48 YAPu011ntlons\Client (PN-1N)\0019\00190025\ISMND\00190025 MY of Tustin Code Amendments ISIANDAm City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation the ongoing operation of up to two digital display billboards). Digital display billboards (programmable electronic signs) are subject to energy efficiency requirements under Title 24 of the California Code of Regulations. The billboard is required to be dimmable, which would reduce energy use and GHG emissions associated with the generation of electricity. The proposed digital display billboard would be illuminated 24 hours per day, 365 days per year. The light levels emitted from the billboard would be set to adjust based upon ambient light conditions at any given time (i.e., nighttime versus daytime). Therefore, Billboard 1, if upgraded to a digital display, would be used for a total of 8,760 hours per year, which would require the use of approximately 66 megawatt -hours of electricity annually. SCE would supply the electrical energy needed to illuminate Billboard 1. Based on an estimated 66 megawatt -hours of electricity use annually, the proposed replacement digital display billboard would be expected to generate 21 MT CO2e per year. The project's potential replacement and possible relocation activities and operational GHG emissions would not exceed the recommended threshold of 3,000 MT 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. YAPubpotions\Cllent(PN-JN)\0019\00190025\ISMND\00190025 Gty of Tustin Code Ammdm MISMND.d— 49 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental EvaluaWn Drm t initial Study/Midgated Negative DcclaraWn 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. so YAPublimions\Client (PN-1N)\0019\00190015\ISMND\00190015 CM of Tustin Code Amendments ISMND.d= City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial StudylU t ated Negative Deciarotlon Environmental Issues 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: Environmental Checklist and Environmental EvehotJon Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ 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 YAPubAW*ns\ale t(PN-)N)\0019\00190025\ISMND\00190025 Clry of Tustin COM Amendments ISMNO.d= 51 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration display billboard located within the freeway corridors of the 1-5 and SR -55 freeways may involve the use, transport, and disposal of hazardous materials such as gasoline, diesel fuel, lubricating oil, hydraulic oil, lubricating grease, automatic transmission fluid, paints, solvents, glues, and other substances commonly used during construction and demolition. Any handling of hazardous materials would be limited in both quantity and concentrations. Furthermore, all potential upgrade and relocation activities would be required to conform to Title 49 of the Code of Federal Regulations, United States Department of Transportation (USDOT), State of California, and local laws, ordinances, and procedures. Operation of the new digital display billboard would require sporadic maintenance by a negligible number of workers and trucks, and would not involve the use of any hazardous materials with the potential to significantly impact the public. Therefore, with adherence to applicable State, local, and federal requirements, impacts related to the routine transport, use, or disposal of hazardous materials would be less than significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than significant 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. S2 Y \publications\Client (PN-JN(\0019\00190075\ISMND\00190075 City of Tustin Cade Amendments ISMND.docc City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Megothr Declaration Environmental Checklist and Environnwntal !►skudon 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. " California State Water Resources Control Board (State Water Board). 2019. GeoTracker Database. Website: https://geotrackerwaterboards.ca.gov/mappCMD-runreport&myaddress=Red+Hiil+avenue%2C+tustin+ca. Accessed October 3, 2019. 29 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. YAPubb=ions\Ulmt (PNJN(\0019\00190025\ISMND\00190025 City of Tustin Code Amendments ISMNO.d— 53 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No impact. The proposed project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires because there are no wildlands on or near the existing billboard locations. All of the existing billboards are currently located in heavily urbanized areas of the City. Furthermore, as stated above in Impact 2.2, Agriculture, no agricultural or forested lands are identified within the City. Therefore, no impacts would occur. Mitigation Measures MM HA2 -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. S4 YAPublications\Client (PNJN)\0019\00190015\ISMND\00190025 City of Tustin Code Amendments ISMND.doca City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitlpoted Negative Declaration Environmental Issues 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 Checklist and Envkormental Evaluation Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 Y:\PubbMions\Uient (PN-JN)\0019\00190015\ISMND\001900]5 Uty of Tustin Code Amendments ISMNDAoa 5S City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evehotion Draft Initlal Sh*1MWgatd Negative Declaration attach the sign to the top of the billboard. After removing the static billboard face, Billboard 1 would be upgraded with an LED face to allow for digital advertisements. It may also be relocated to the corner of the current site. Limited ground disturbance in the form of drilling new footings for the possible relocation of Billboard 1 could occur. No ground disturbance would occur at any of the other existing nonconforming billboard locations. Although unlikely due to the limited disturbance area associated with the activities described above and the highly developed status of each billboard location, construction activities could allow surface water to carry small quantities of pollutants (e.g., oil or fuel used in construction equipment) off-site, thereby potentially affecting local waterways by degrading water quality. The National Pollutant Discharge Elimination System (NPDES) requires implementation of Best Management Practices (BMPs) to minimize impacts to water quality. The California Stormwater Quality Association's (CASQA) California Stormwater Best Management Practice Handbook (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. S6 YAPubliationAClient (PN-1NI\0019\00190075\ISMND\00190075 City of Tustin Code Amendments ISMNDAm City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/NNtipated Negative Dedaradon Environmental Evaluation (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; No impact. The proposed code amendments would allow Billboard 1 to be upgraded to an LED face for digital advertisements. In the event that Billboard 1 is also relocated from the center of the property to the corner nearest the SR -55 freeway, limited ground disturbance would be required. None of the other existing nonconforming billboards would be eligible for conversion. As such, no significant earth movement would be required, and no alterations to the quantity of runoff from any of the billboard locations would occur. Furthermore, the proposed project would not alter existing drainage patterns at the existing billboard locations, including the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding. Therefore, there would be no impacts. (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, or No impact. The proposed code amendments would allow for the potential upgrade of one existing static billboard to a digital display billboard. This billboard could also potentially be relocated to the western corner of the property. Replacement and the possible relocation of Billboard 1 would not increase or decrease the amount of impervious surfaces on the subject property. Due to the short- term nature of construction efforts required to upgrade and possibly relocate Billboard 1, only small quantities of water, if any, would be required during construction or demolition. Therefore, water use would not exceed the capacity of existing or planned stormwater drainage systems. Furthermore, the lack of ground disturbance at the existing noncompliant billboard locations would preclude substantial impacts to runoff. No impacts would occur. (iv) impede or redirect flood flows? No impact. As discussed above in Impact 2.10c(iii), the proposed project would not change the amount of impervious surfaces compared with current conditions at any of the existing billboard locations. Therefore, no impacts would occur. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No impact. Of the six existing billboards subject to the proposed code amendments, only Billboard 3, located on the northeast side of EI Camino Real, is located within a flood hazard zone identified as an area with a 0.2 percent annual chance of flooding according to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) No. 06059CO281J. None of the existing billboards would be subject to tsunamis and none are located in seiche zones.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 06059CO277J. Website: https://msc.fema.gov/portal/search?AddressQuery=Red%20Hill%2OAveune%2C%2OTustin%20CA#searchresultsanchor. Accessed August 12, 2019. YAPubkkationACllent(PN-JN)\0019\00190035\ISMND\00190075CAV d TUAM Code A—damn WANDA— 57 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration on the subject properties at any one time. As such, no significant quantities of pollutants would be present on the existing billboard locations if any flooding were to occur. No impacts would occur. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No impact. As discussed above in Impact 2.10c(iii), the proposed code amendments would allow for the potential upgrade of Billboard 1 to a digital display. This billboard could also potentially be relocated to the western corner of the property. ). The potential relocation/replacement may require limited soil disturbance associated with relocating Billboard 1 from the central portion of the project site to the corner of the project site nearest the SR -55 freeway. The four noncompliant billboards would not be eligible for conversion and would therefore not require ground disturbance or the use of water. Although Billboard 1 may be relocated within the same property, the project would not increase or decrease the amount of impervious surfaces on the existing billboard locations and would not require the use of groundwater. As such, no impacts would occur. Mitigation Measures None required. ..___. SB Y \Publications\Client AVN-1N)\0019\00190025\ISMND\00190015 CIN Of TOStm Code Amendments WNOA— City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration Potentially Significant Environmental Issues 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? Environmental Checklist and Environmental Evaluation Less than Significant Impact with Less than Mitigation Significant No Incorporated Impact Impact 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 Y \Publications\Client (PN-1N)\0019\00190025\ISMND\00190025 City of Tustin Code Amendments ISMND.doa 59 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration not conflict with the proposed code amendments or the City of Tustin General 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. ... ..... _—..-.-----__--___-- 60 1.\Publications\Client)PN-JN)\0019\00190025\iSMND\00190075 City of Tustin Code Amendments ISMND.dmx City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Dnrft Initial Study/Mitigated Ntgativr Declaration Environmental Issues 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? Environmental Checklist and Environmental Evaluation 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: ❑ ❑ No Impact 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 RM 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:Hmaps.conservation.ca.gov/cgs/informationwarehouse/index,html?map-mlc. Accessed August 12, 2019. YAPubk8tbm\U1ent (PN-IN)\0019\00190025\ISMND\00190025 Uly of Tustin [ode Mnendments ISMND.dm 61 Less than Significant Potentially Impact with Less than Significant Mitigation Significant Impact Incorporated Impact ❑ ❑ ❑ 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: ❑ ❑ No Impact 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 RM 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:Hmaps.conservation.ca.gov/cgs/informationwarehouse/index,html?map-mlc. Accessed August 12, 2019. YAPubk8tbm\U1ent (PN-IN)\0019\00190025\ISMND\00190025 Uly of Tustin [ode Mnendments ISMND.dm 61 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration proposed code amendments and associated potential replacement/relocation activities associated with Billboard 1 would not result in the loss of availability of locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. No impacts would occur. Mitigation Measures None required. 62 T:\Publications\Client (PN-)N)\0019\00190025\ISMND\00190025 City of Tustin Code Amendments ISMND.Ooca City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration Environmental Checklist and Environmental Evaluation 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 Y!\Pub9otbn3\C1ient(PN-JN)\0019\00190025\ISMND\00190025 Uty of Tustln Code Amends mISMNDAc 63 Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Environmental Issues Impact Incorporated Impact Impact 2.13 Noise Would the project result in: a) Generation of a substantial temporary or ❑ ® ❑ ❑ permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration ❑ ❑ ® ❑ 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 Y!\Pub9otbn3\C1ient(PN-JN)\0019\00190025\ISMND\00190025 Uty of Tustln Code Amends mISMNDAc 63 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental EYduation Draft Initial StudylMitigated Negative Declaration approximately 85 A -weighted decibel (dBA) maximum noise/sound level (Lm„) 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 N0I-1, would ensure that construction noise would not result in a substantial temporary increase in ambient noise levels that would result in annoyance or sleep disturbance of nearby sensitive receptors. Therefore, with implementation of MM N0I-1, temporary construction noise impacts would be less than significant. Operational/Stationary Source Noise Impacts No impact. A significant impact would occur if operational noise levels generated by stationary noise sources at the existing billboard locations would result in a substantial permanent increase in ambient noise levels in excess of any of the noise performance thresholds established in the Tustin City Code. Replacement of eligible Billboard 1 with a digital display billboard would occur along a freeway corridor, where traffic is the predominate source of noise. The potential digital display billboard would not emit any sound, and operation of a digital display billboard would not generate regular vehicle trips. Therefore, implementation of the proposed code amendments and associated potential future relocation/replacement activities would not introduce new stationary noise sources 64 Y:\Pub11wkms\C1ieAt (PN-)N(\0019\00190015\ISMND\00190075 City of Tustin Code Amendments ISMNDAm City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitigated Negative Declaration Environmental [valuation 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. Y:\Pubfi Bons\Ghent(PN-JN)\0019\00190025\ISMNO\00190025 City ofTutNnCode Am dMWMISMNO.d= 65 Environmental Checklist and Environmental Evaluation City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration within the project vicinity to excessive groundborne vibration levels. Therefore, project related groundborne vibration impacts would be considered less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact. The proposed project includes amendments to the Tustin City Code that would affect six billboards located within freeway corridors in the City of Tustin. None of the existing billboard locations are within 2 miles of any airstrip or airport land use plan. Therefore, no impacts would occur. Mitigation Measures MM N0I-1 To reduce potential construction noise impacts, the following multi -part mitigation measure shall be implemented for the project: The construction contractor shall ensure that all internal combustion engine -driven equipment is equipped with mufflers that are in good condition and appropriate for the equipment. The construction contractor shall locate stationary noise -generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. In addition, the project contractor shall place such stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. The construction contractor shall prohibit unnecessary idling of internal combustion engines. The construction contractor shall, to the maximum extent practical, locate on-site equipment staging areas so as to maximize the distance between construction - related noise sources and noise -sensitive receptors nearest the project site during all project construction. The construction contractor shall limit all construction activity, including material delivery and equipment warmup or idling, to the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m, and 5:00 p.m. on Saturdays. No construction activity will be permitted on Sunday's or City observed federal holidays. 66 Y:\Publications\Client (PN-)N)\0019\00190015\ISMND\00190015 City of Tustin Code Amendments ISMNDAm City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Environmental Issues Impact Incorporated Impact Impact 2.14 Population and Housing Would the project: a) Induce substantial unplanned population ❑ ❑ ❑ 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. Y \Publications\Client (PN-1N(\0019\00190025\15MND\00190025 City of Tustin Code Amendments ISM ND doc. 67 Environmental Checklist and Environmental Evaluation Environmental Issues City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration Less than Significant Potentially Impact with Significant Mitigation Impact Incorporated Less than Significant No Impact Impact 2.15 Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ❑ ❑ ® ❑ b) Police protection? ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ Environmental Evaluation Would the proposed project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? Less than significant impact. Implementation of the proposed code amendments would not involve the construction of homes or the extension of infrastructure. Due to the nature of the proposed project, no project -related activities would increase the population and thus, the proposed project would not result in the need for new or expanded fire protection facilities. As such, no significant impact would occur. b) Police protection? No impact. The proposed project would not increase the population or require the alteration of police services, and thus would not result in an increased demand for police protection. No impact would occur. c) Schools? No impact. The proposed project would not increase the population or alter the zoning districts dictating the distribution of students in the City. In addition, the proposed code amendments would not increase the number of students within the City. Therefore, the proposed project would not result in an increased demand for school facilities and no impact would occur. 68 Y:\Vubhcabons\Client (PN-)N)\0019\00190025\ISMND\00190025 CIN of Tustin Cada Amendments ISMND.doCx City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation d) Parks? No impact. The proposed project would not affect parks or open spaces. The proposed project would not result in an increase in population or an increase in demand for existing parks and recreational facilities. Therefore, this project would not necessitate the construction of new parks and recreational facilities. No impact would occur. e) Other public facilities? No impact. The proposed project would not result in an increase in population or an increase in demand for other public facilities. Therefore, this project would not necessitate the construction of new public facilities and no impact would occur. Mitigation Measures None required. Y:\Publications\Ulent (PN-1N(\0019\00190025\ISMND\00190025 Gtv of Tustin Code Amendments ISMND.daa 69 Environmental Checklist and Environmental Evaluation Environmental Issues 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 City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration ❑ ❑ ❑ 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. 70 V:\Pob11utions\Client (PNJN)\0019\00190035\ISMND\00190075 City of Tustin Code Amendments ISMND.doa Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ 23 ❑ ❑ ❑ 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. 70 V:\Pob11utions\Client (PNJN)\0019\00190035\ISMND\00190075 City of Tustin Code Amendments ISMND.doa City of Tustin ❑ Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Environmental Issues Impact Incorporated Impact Impact 2.17 Transportation Would the project: a) Conflict with a program plan, ordinance or policy ❑ ❑ ❑ of the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Would the project conflict or be inconsistent ❑ ❑ ® ❑ with CEQA Guidelines Section 15064.3, subdivision (b)? c) Substantially increase hazards due to a ❑ ❑ ® ❑ geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm 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. YAPublin6onsWient IVN.1N)\0019\00190025\ISMND\00190025 City of Tuslin Code Amendments ISMND.dmx 71 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration Based on the potential for Billboard 1 to be upgraded to digital display and possibly relocated on- site, VMT may be required in order to accommodate the proposed project upgrade and/or relocation. Efforts associated with the replacement/relocation of Billboard 1 would involve short- term construction at the billboard location (usually one to two days). Subsequent VMT may accrue during the maintenance and operational phases throughout the lifetime of Billboard 1 in small, irregular increments. However, because this project does not propose any changes to the transit systems, roadways, or other highway infrastructure within the City, it would have a less than significant impact with regard to VMT. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than significant impact. The proposed project does not involve the construction of any new signs, nor does it propose to alter roadway conditions or design features. Although Billboard 1 may be upgraded to a digital display, the Tustin City Code would regulate the size, brightness, and other conditions of construction and operation in order to comply with local, State, and federal regulations regarding the use and operation of digital display billboards. As such regulations are designed to protect public safety, this would minimize, the potential for accidents. Furthermore, as a part of the project design, Billboard 1, should it be replaced with a digital display, may potentially be relocated to the western corner of the property located on Edinger Avenue, resulting in a clearer view from the SR -55 freeway. No hazardous design features or incompatible land uses would result from the proposed project. Therefore, impacts would be less than significant. d) Result in inadequate emergency access? Less than significant impact. The proposed project would not allow for the construction of any new billboards; only the potential upgrade of Billboard 1 could result from implementing the proposed code amendments. This billboard could also potentially be relocated to the western corner of the property. The existing billboards do not interfere with traffic access or evacuation during an emergency, and the potential replacement billboard would not materially change the existing condition in regards to emergency access. Therefore, impacts are less than significant. Mitigation Measures None required. 72 Y!\PoOhcations\Client (PNJN \0019\00190035\15MND\00190035 City of Tustin Code Amendments ISMND.dmx City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial Study/Mitigated Negative Declaration Environmental Evaluation Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Environmental Issues Impact Incorporated Impact Impact 2.18 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 YAPublicationsWient (PN-1N)\0019\0019D025\ISMND\00190025 City of Tustin Code Amendments 15MND.d— 73 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration Southern California Edison,33 and due to the minor amount of power required to operate a digital display, the proposed project would not require the relocation, expansion, or construction of new electrical facilities. Furthermore, no aspect of the proposed project would alter or require the expansion of wastewater or stormwater drainage systems. As such, impact would be less than significant. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No impact. The proposed code amendments and any related future activities would not require the installation or provision of additional utilities such as water supply and would not result in the development of habitable structures. No impacts would occur. c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No impact. The proposed project would not construct habitable structures. In addition, the proposed project would not generate significant employment, as no additional employees would be required. Therefore, the proposed project would not generate demand for wastewater services, and, no impact would occur. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than significant impact. AB 939, the Integrated Waste Management Act, requires a 50 percent of diversion of solid waste from landfills. Orange County Waste and Recycling requires 65 percent diversion for construction and demolition projects. As stated on the Orange County Waste and Recycling website, "applicants can achieve diversion through reuse, recycling, and/or composting of construction and demolition materials at County -approved facilities or use of a County franchised Waste Hauler." 34 This policy is more stringent than AB 939, and, therefore, through the required compliance with the Orange County Waste and Recycling requirements, the proposed project would comply with AB 939. There are three landfills in Orange County that could accept solid waste from the proposed project, should billboard materials need disposal: the Olinda Alpha Landfill in Brea, the Frank R. Bowerman Landfill in Irvine, and the Prima Deshecha Landfill in San Juan Capistrano. Of the three facilities, the largest and closest landfill to the project site is the Frank R. Bowerman landfill in Irvine. As of November 1, 2018, the remaining capacity at the Frank R. Bowerman landfill was listed as 205 million cubic yards. The maximum daily throughput at each of the landfills, as well as the maximum capacity and remaining capacities are illustrated in Table 2, below. 33 Southern California Edison. 2019. Southern California Edison's Service Area. April 25. Website: https://newsroom.edison.com/_gailery/get_file/?file_id=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.ociandfills.com/recycling/cnd_program. Accessed October 7, 2019. _ ____ -_-_-- 74 Y:\PubliGtions\Client (PN-JN(\0019\00190025\ISMND\00190015 City of Tustin code Amendmenn ISMND.dxt City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft lnklol Study/14**a td Nepadve Dtdorodon Emrirwwwntol Evaluadon Table 2: Existing Landfill Capacity Estimates Cubic Yards Maximum Daily Facility Location Throughput Permitted Capacity Remaining Capacity Olinda Alpha Brea 8,000 tons/day 148.8 million cubic yards 34.2 million cubic yards Frank R. Bowerman Irvine 11,500 266 million cubic yards 205 million cubic yards tons/day Prima Deshecha San Juan Capistrano 4,000 tons/day 1 172.1 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. Y:\Wbiiotpn!\tliMt�VN-1N�\0039\00190015\ISMND\00190025 City of Tustl. Cod. A—dr.-M ISMND.d— 75 Environmental Checklist and Environmental Evaluation Environmental Issues City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial5tudy/Mitigated Negative Declaration Less than Significant Potentially Impact with Significant Mitigation Impact Incorporated Less than Significant No Impact Impact Z.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://osfmSire.ca.gov/media/5896/c30_tustin_vhfhsz.pdf. Accessed August 21, 2019. _..---_-_-.-._._ 76 Y'\Publications\Client (PN-1N(\0019\00190025\ISMND\00190025 City of Tustin Code Amendments ISMND.doct City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial StudylWigated Negative Declaration Environmental Evaluation b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No impact. According to the CAL FIRE FHSZ Map, the existing billboard locations are not located within an SRA, LRA, or lands classified as a Very High FHSZ .3" The existing billboard locations are relatively flat and are located within heavily urbanized and built-up areas of Tustin, surrounded by commercial uses. Prior to any potential future billboard relocation or replacement activities, the associated project plans would be reviewed and approved by the City of Tustin Building and Safety Division and the Tustin Fire Department, which would require adequate compliance with the City's permit process and Tustin City Code requirements. This would ensure that such activities would not expose occupants to pollutant concentrations risks or uncontrolled spread due to slope, prevailing winds, wildland fires, and other factors. Therefore, no impacts would occur. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No impact. The existing billboard locations are located within heavily urbanized areas in the City of Tustin. The billboards are not located within a FHSZ, SRA, or LRA.23 No additional utilities are included as a part of the proposed project and no installation or maintenance of associated infrastructure would be required. Therefore, the proposed project and any related future activities would not require the installation or maintenance of associated infrastructure that may exacerbate fire risk or result in ongoing impacts to the environment. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? No impact. The existing billboard locations are located on relatively flat parcels located within the City of Tustin. FEMA FIRM No. 06059CO277J identifies the existing billboard locations as Flood Zone X, an area with a 0.2 percent chance of 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. 9e 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:Hosfm.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 060S9CO277J. Website: https:Hmsc.fema.gov/portal/search?AddressQuery=Red%20Hill%ZOAveune%2C%2OTustin%20CA#searchresultsanchor. Accessed August 12, 2019. V \P.bkntWn,\Client(PN-1N(\0019\0019DOIS\I5MND\0019W25Uty WTuttle COd.Am d—.1SMN0.d— 77 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration Less than Significant Potentially Impact with Less than Significant Mitigation Significant No Environmental Issues Impact Incorporated Impact Impact 2.20 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 1310-1, the proposed project would not degrade the quality of the environment at a project- or cumulative -level in terms of biological resources. As described in Section 2.5, Cultural Resources, the proposed project would have less than significant impacts on historical, archaeological, and tribal resources since the proposed project area has been heavily urbanized. The proposed project would comply with all applicable regulations in the unlikely event of inadvertent discovery of human remains. In addition, as described in Section 2.7, Geology and Soils, 78 Y:\Publications\Client (PN-JN(\0019\00190035\ISMND\00190075 City of Tustin Code Amendments ISMND.dop City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Environmental Checklist and Draft Initial5tudy/Mitigated Negative Declaration Environmental Evaluation there are no vertebrate localities within the project boundary but there are localities identified surrounding the project area. Implementation of MM GEO-1 would ensure that project excavation impacts to previously unknown paleontological resources would be less than significant. In conclusion, the proposed project would have less than significant impacts on the quality of the environment, fish or wildlife species habitats and populations, plant or animal communities, rare or endangered plant or animal species, or important examples of the major periods of California history or prehistory. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? No impact. Implementation of the proposed code amendments would have a less than significant cumulative impact. If the proposed project is implemented, Billboard 1 may be upgraded to a digital display billboard located adjacent to the SR -55 freeway. This billboard could also potentially be relocated to the western corner of the property. Short-term construction activities associated with the potential upgrade and relocation are mitigated to a less than significant level and would not be cumulatively considerable. Operation entails no new noise production, minimal maintenance traffic, and negligible GHG emissions. The SR -55 and 1-5 corridors are within urban settings with other existing nighttime lighting including car headlights, parking lot lighting, streetlights, security lighting on buildings, and internal lights in buildings. In addition, the existing billboards are illuminated at night, which produces nighttime lighting. The single allowable replacement digital display billboard (and existing approved digital display) would operate at a maximum of 0.3 foot-candle at 250 feet in compliance with the proposed code amendments. Therefore, compliant digital display billboards would have one-sixth of the maximum brightness level for LED billboards, as set forth by the Outdoor Advertising Act, which is a California State Law and would result in a nominal increase in the existing lighting footprint at the location of Billboard 1, should that billboard be replaced. Moreover, the brightness of allowable digital display billboard sign faces would be dimmable to reflect ambient light conditions. Therefore, the nighttime lighting produced by up to two approved digital display billboards (one already existing and one potential future replacement billboard), in combination with the lighting for other reasonably foreseeably projects, would not result in a cumulatively significant impact. With respect to electricity usage, the LED lighting used in the digital display billboard faces would meet Title 24 requirements for energy efficiency. While the signs electricity usage is associated with off-site emissions where power is generated, the IS/MND analysis of GHG emissions demonstrates that implementation of the proposed code amendments falls well below applicable SCAQMD thresholds, which account for cumulative impacts of climate change. Therefore, because of the project's size and utilization of energy efficient lighting, it would not make a cumulatively considerable contribution to cumulative GHG emissions or result in an overall impact to local and regional levels of GHG emissions. Y.\Publications\Cbent (VN-IN)\0019\00190025\l5MN0\00190025 City of Tustin Cade Amendments 15MNO.d= 79 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration With respect to construction, the construction activities necessary to replace one traditional billboard to a digital display billboard requires very little equipment and would occur within one to two days. However, as detailed in this Draft IS/MND, there are potential impacts related to aesthetics, biological resources, hazardous materials, noise, and transportation/traffic that can be reduced to less than significant levels with the implementation of mitigation. The proposed project is required to implement MM AES -1, MM AES -2, MM AES -3, MM BIO -1, MM GEO-1, MM HAZ-1, and MM NO[ -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 N0I-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 13I0-1 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 Bo Y \PubliCations\Client (PN-)N)\DD19\00190025\ISMND\00190D25 City of Tustin Code Amendments ISMND.dmx City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mltlyated Negative Declaration Environmental Checklist and Environmental Evaluation radius of the existing billboard location to ensure that no active nests will be disturbed during project implementation. This survey shall be completed no more than three days prior to the initiation of replacement or relocation activities during nesting season. During this survey, the biologist will inspect the existing billboard and other possible nesting habitats within 250 feet of the existing or replacement billboard locations for nests. If an active nest is found within the 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 (META), 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 YAPubAatbns\Glent (PN-JN(\0019\00190025\ISMND\00190025 ChV of Tustin fade Amendment ISMND.dm 81 City of Tustin Environmental Checklist and Freeway Adjacent Digital Display Billboards Ordinance Environmental Evaluation Draft Initial Study/Mitigated Negative Declaration Regulations 1532.1, including employee training, employee air monitoring and dust control. In the event of billboard relocation activities, all materials containing asbestos and/or lead-based paint shall be handled and removed by qualified professionals in accordance with applicable regulations, including South Coast air Quality Management District (SCAQMD) Regulation XIV, Rule 1403; Title 22, California Code of Regulations, Section 66261.24; Title 8, California Code of Regulations, Section 1532.1. Any debris or soil containing asbestos lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed. MM N0I-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 equipfient. The construction contractor shall locate stationary noise -generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. In addition, the project contractor shall place such stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. The construction contractor shall prohibit unnecessary idling of internal combustion engines. The construction contractor shall, to the maximum extent practical, locate on-site equipment staging areas so as to maximize the distance between construction - related noise sources and noise -sensitive receptors nearest the project site during all project construction. The construction contractor shall limit all construction activity, including material delivery and equipment warmup or idling, to the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturdays. No construction activity will be permitted on Sunday's or City observed federal holidays. 82 YAPubhutions\Client (PN-1N)\0019\00190025USMND\00190025 City Of Tustin Cade Amendments ISMND.dOtx City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration List of Preparers FirstCarbon Solutions 250 Commerce, Suite 250 Irvine, CA 92602 Phone: 714.508.4100 Fax: 714.508.4110 ProjectDirector...................................................................................................................... Kerri Tuttle ProjectManager........................................................................................................................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 SeniorEditor.......................................................................................................................... Susie Harris Word Processor.............................................................................................................. Ericka Rodriguez GIS/Graphics................................................................................................................ Karlee McCracken Reprographics..................................................................................................................... Octavio Perez Y.\Publwatb s\Oren IPN-1NA0019\00190025\15MND\00190025City of Tustin Code Amendments ISMND.d— 83 THIS PAGE INTENTIONALLY LEFT BLANK City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration YAPublications\Client (PN-JN)\0019\00190025\ISMND\wp\00190025 City of Tustm Code Amendments ISMND_City comments NNT 101619_C d0c, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 9404137 AND AMENDING SECTIONS 9402, 9404A1 H, 9404A1 K, AND 940482 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, of banner signs, or freeway adiacent 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 adiacent 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 adiacent 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 sin or electronic changeable copy sign, and subject to the following limitations: 1. Location. Freeway adjacent di-gital 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 adiacent 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 adiacent digital display billboard may exceed eighteen inches (18) if deemed necessary by City to maximize visibility from the Interstate 5 freeway or the SR 55 freeway. 6. Orientation. Each freeway adjacent digital display billboard must be oriented primarily for viewing_ from the Interstate 5 freeway or the SR 55 freeway. 7. Brightness. All freeway 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. 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 sea.), 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 31s' 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: 1343971.4 City of Tustin Freeway Adjacent Digital Display Billboards Ordinance Draft Initial Study/Mitigated Negative Declaration YAPeblisatlons\Client (PN-1N(\OOlg\00190025\ISMND\wP\00190025 Gty of U,tm Code Amendments ISMNO City comments KNT 101619_C doc, THIS PAGE INTENTIONALLY LEFT BLANK B.1 South Central Coast Information Center Records Search semi -1110t•T-•1 i• QL3- �w :lc� v ` _11 .. ��. 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'est. � ,.�� o� IN v �'i`"\� MARINE CORPS I' `AIR �T�kI\ --� SPA So Source: 11SGS Tustin 7.S' Quadrangle / land Grant: Santiago Dr Santa Ana 'IRSTCARBON 1,000 1,000 0 1.000 FA Record Search Map — IDLUT101N-(;'" () "MOOMMI�� Feet Billboard Location 1 00190025 • 10/1019 1 00190015_record_search_biliboard_loel.mxd UTf OF TUSTIN Scanned by CamScanner set—.� .`! '.{•mss 4111 Co ei s rr \• I��.Y x EtJ.a x w 1> - !.•. �B1711•■ r -0 .,, _ project Area: ,. Ale 's■�A l3::L{sti�z + �I all B 11 E=13 .�j ! - a tr - •� • •Id� �4••t,'! ilr•• 3 C37, An was r ♦. ' 6h 105 ■ ♦♦.- r�k 191-' �° :J !� 2 J. U ■ t � • � � ♦ --•� : ' L J f 1 •. f'v. .�� . ; .fir 'f `t•_.� C Bs.e■�9y as ■ EE tt Y t tC•ri♦t»e' • �% Iiy EoerA.di��/If °v I• Ott,••1•f t• . tl`fit, a .z'-- - �/1 111 o►\ !'L• voila roe■�s � '� ":� `C~~�,�a-~'•'•`d % � •'� e~�1611 � �l ��i� et ■aeis � ',� /may .1.\ � J ....['s Wetl'ed Q ee ■•1 % 'es� �,', �r iF i� . � •It "si �. � As ems' y1�i Iltettt D ♦ � � � %a,�/, •,��• `� �» l' , Well Half -Mile Radius ''/ �,c ® sve e % - r JL 4flirMel Dye �j COX AIR _S 'ATION SIP y4 }1' r 4 (NEl)c F1 luf Source: USG5 Tustin 7 5'QuadrAngle/Lana Grant Santiago De Santa Ana FIRSTCARBON2.000 1.000 0 2.000 Record Search Map 01 UT'C"JS'' Q sommonolFerl Billboard Location 1 00190025. 10/2019 1 OOSf002S_recard_fureh_piU&rd soei mad Scanned by CamScanner Resource List Primary No. Trinomial P-30.176663 Page 1 c4 1 OtherlDs OHP Property Numhor - 144278; Resource Name - Atchison. Topeka d Santa Fe RR. Burlington Northem Santa re RR; Other - Burlington Northern Santa Fe; Other - Metrolink Railroad; Voided - 30.176664: Other - CRM TECH 789.50H 8 951-1H; Other - Caldomia Southern Railroad: Voided - 30.176700 Type Age AtVlbute codes Recorded 4Y Structure Historic HP37 (Highway trad) - 2002 (D Beeester, CRM Tech). Railroad. HP39 (Other) 2002 ( Bar Tang and Josh Smallwood. CRM Tech); 2003 iRrchard Shepard. BonTena). 2007 (S. McCormick). 2012 (MK Me.ser, AECOM): 2016. 2016(B Tang, CRM Tech). 2018 Reports LA -0787 1. LA- OS I •081 S8. OR -03W. OR -03517, OR - 03519, OR -03551 OR -0355S. OR - M73. OR -03747, OR -0.1797, OR, 03822, OR -03835. OR -0.1864. OR- 03866,01403905- OR -03910, On- G.M6. R- 03866.OR03905- OR-03910.OR- 0.1916. OR -03919, OR-63929.oR- 03942.OR-0.1983. on -04020, OR - 04045, OR -0406i1. OR -04074, OR 04096. OR -04131 OR -04154, OR - 04156, Ot..04169, OR44182, OR - 04186. 01`1-04217, OR -04:29. OR - 04257 OR -Ott -N. OR -04M. OR - 04331,011 -04367, R- 04331,011.01387, OR44374. Oil 04385, OR -043041 OR -04457 SCM 10'a W IS 113? 40 4M Scanned by CamScanner 4 a Report List apott No. 0--W ms Yew Auftw(s) raw 10"tion Resources 1 kc qx-aft. Jov F 0.-,duK`bec* S,nt1' Arxc b h P xm5, Ca7n RtiSr :3 re"v 9l n -e Cees d TLow Wo Swta Ara 0-ar9e Cara CaMIM Pray031.0Ra6A'J6 C�+: tyal 13Z .ktfaft Detii m K Ksi:nc PW" 5cnty Armon • N*Wn LSA AssaarMs. Mc - Fide Ke.trr: Swe k=."55 P. Cry d Tusyt Ceff9s Carr. Ca OrY` :a.Rl 134 Casae. Gare a 430 C Suwl Recut • LAv LSA Assocraet etc Sm: porn Calsaraa D4PwT-4M d T,30s raaon Derrak Cary R 4qMn d Ana a@OlCq r SaWy for La ALYadayC71 Aesw-:, Cetrar Sae e475 2. tOCt 12 EOrgv a aprnrt Col Tusart Ora w Carry OFZ.ti"1;y 1779 Weft Lys AL WC". tiiax PMPO^.y sa"y 0; ora 555 Pn: Camra Gene 29 071 0 M 5,10 6 T�pan aro Sara Arta 0-, Carry Caisorrm 0'209 47}4,71 2' m DuLf. Crt QP— Aware Aaretlmert Ior A:dt LSA AitoaaY's We - W v4resa SrMees Fooary larder CM 4 Carty d Orange. Ca t?3S Dem2w- Carl R Cf -,o Resasces Assessrwts for 0-0 kV*O=9- Anmr^m 30.0000&1.30�W006t 70000065 Carty Sarraedn Gsxs UNV2-ant Cra 30.000086.30000057.30-000144 3CL0002 .30000288 30-0002@9 W40C300 30-000352.3-000%3, 3000C36t 30-00;352 C= -C.476 2".C: Qua. Cr: 0; T 79F5 Casen. Geese A- ft -an. Join. and Wt=, LOS OR -03,91S 24CA LX1dar.7vm S.3an arra Pam Day 0,7,,03555 2008 Wayne M. Bomar Ctr`_ft Reaarce AU"V-err C09AW LSA Assomates. m Wrsess Faciry NO Sc 033-01 ow" Carty. Cahr>ta The Pr, ww P--wot is rw W o"v arra Gran Gawrd an<xomw. t d aferstate Ray 5 Ber.een Roue 405 aM Aa:e 55 n Orww Carry. Cnamta Arcraedoges SL + Repo. Por ew P40 11A Chrnws Grit a+e Anne G, am SeGaraaan Pr44ct Coy d Tuan. Carey d Qrange. Catlorna Federal Wgecssrnoer Sal 5271 (014), EA 965100 Craral Rasarces WcorSs Seam and See LWmW Branaran K64 assns kr P40 S7H1 Assoaa;es Camxrioaan C4adom a. LLC Canadate LA2824A• PIM Storage ktFadden 3-176667. 30176664 Pape T of 2 SCC1C 10lMl 9 1117 09 ASA Scanned by CamScanner • Report List Report No. Other Os Yew AURror(s) 2006 lXgertirink. Susan 0R -04D00 2010 Strauss Monica Eh nger. Candwe. and Bray Undo"* OR -04020 2011 Boreal. W" 0R 04192 Palo - 2012 Damcak. Card rifle Affiliation Arthaeolopcal Survey Report for the Rea Hill Chambers Group Avenue Grace Separabon Prclect. City of Tustin Ca4tty of Orange. Califon Federal Prgect Nuniber STPL 5271(010 Irvine Ranch Water District Wells 21 and 22 ESA and Tustin Legacy Weil 1 (TL -1) Prolects, Phase I Cultural Resources Assessment Cultural Resources Records Search and Site Michael Brendman Vad Results for AT&T Alobildy, LLC Associates CarOdate LAC590 (Edinger end Rea N6VSID 415975). 1421 Edinger Avenue, Tustin, Orange County, Caldana Report of Archaeological and Paleuntobgical Archaeological Resource Monitoring for Widening of Antonio Parkway MariaryemvM Co"iation Bridge. South Orange County, California Resources 90-000300.30, 0003 D t . 30-000350. 30,0=51.30,0003M. 30-=73, 30.000.9E1,30,001652 3D-176663 Page 2 of 2 SCCIC 1042/2019 11:37:10 AM Scanned by CamScanner 0-1493 IiISTORIC ARCIIITCCTURAI. SURVEY REPORT - AIOU SHORT FORM California Department of Transportation I. Iligh". Y Protect Destrlptiion - District County Route Post C.A. Kilometer 12 Orange 55 14.5/15.3 01430K 71tc City of'l-ustin proposes to reconfigure the northbound on and ofl-ramps of State Route �� (bit - 55) at Edinger Avenue, and to construct an extension of Newport Avenue between Edinger Avenue and Valencia Avenue. Meese improvements will provide improved traffic circulation within the project area, and improve weaving distances on SR -55. The project is located in tire southern portion of the City of Tustin. It is bounded on the west by the S11-55, on the north by the northern limit of the Santa Ansi-Santa Fe Channel (F-10), on the cast by Del Amo Avenue, and on the south by Valencia Avenue. f II. Study Finc1inli3 All of the properties listed below, and Indicated on the attached map, were found to qualify for treatment under the December 20, 1989, "Memorandum of Understanding Regarding Evaluation of Post -1945 Buildings, Moved 1're-1915 Buildings, and Altered Pre -1945 Buildings." 'lltey do not appear to he eligible for inclusion in the National Register of ilistoric Places because they arc IN I Post -1945 I I Moved I] Substantially altered mR ,i6otIOn' Property Address Map Reference Number See attached sheet. iV:>Fic1d Metilio�oXogy'7771 The properties in the studyarea for this project were reviewed ( X I in the field I I from photograph., by George Casen, who is specified In the MOU as being qualified to make the required determina. tion. ^ DRiCC .4 t<LSt1lj Gd ,4�, ( X J National Register of Historic Places ( ] S11P0 concurrence DOL database ( X ] Califorttia Register of llistOdUl Resources ( X ] Califomia historical landmarks ( X California Inventory of Historic Resources ] X ] U.S.G.S. Topo.: I ] 7.5 I X ] 15 Quad: Santa (dna Date: 1896. 1901 (Add name here.) ( X I Other: (Add sources, srreb as local landmarks lists, here) California Points of Historical Interest, 1992 tt9,96"1-0EC63&) WR.Mt7U� Scanned by CatnScanner 1 lltr 111111,11uµ+'Iturrcyrd wcnI .111 clornmemUl building, boil[ irnm 1955 it) 1987. None cif these arc ttt ttaltstrndrot tigi fl..mtt. l�ltey therefore du tint 2ppeir to be clil;tble for the A'arion-11 NOristrr of if 11x,1, tr l `1rr+ � r ��;Il; Itctt�ntkS .11'.' +4, '111% repos L% lntrnded m satisfy the Itistorical ,aspects of cultunl studies and dots not reflect prehtxturk or historic smilaealogkal concern~ that may need to Ix atidretud as pan of a Itatont Props-ntcs tiurvey Report VI IL-Allacho!(I106mMentation ( X) A Slaps ( X ( Prorut Uwatiun ( X ) Project Vicinity ( X I ANI: ( ( 11 Pir�tcograptn Vlrvn t 1s tc ( ( C (Miler I.X. Rclt"rcltrt' � �T 'nw rrscarcher named below tan Ir rcuhcd at the t Altrsns I)*Ll s.t 12 1 aotn+nt wntAl Manna% Itrant h A, 2501 Pullman St. %ants Aro, CA 92'01 rhnnr 17111 '11 `+ ' 0, to t .�I til 1 K h5'i '(•6Q itrw srt:Itrr t,eoW raben I&.A ♦�b.t 1111t:A%SIV 11QT w tote P��t �7L Scanned by CamScanner OR -1493 MA&MCIOAM inC ID No. on Constructioa APE Map Andress Date Parcel No. 1 1001 Newport Avenue 1969 430-252-04 2 1001 Newport Avenue 1969 430-252-04 3 1021 Edinger Street 1955 430-252-05 4 15012 Newport Avenue 1965 430-252-06 5 1221 Edinger Street 1963 430-252-09 6 1100 Edinger Street 1965 430-251-04 7 1200 Edinger Street 1966 330-253-03 8 15171 Del Amo Avenue 1965 430-251-10 9 15171 Del Amo Avenue 1967 430-251-09 10 15272 Del Amo Avenue 1987 430-253-14 11 Situs Pending 1984 430-253-12 12 1200 Valencia Avenue 1976 430-241-09 13 1200 Valencia Avenue 1976 430-241-09 14 1200 Valencia Avenue 1976 430-241-09 15 1100 Valencia Avenue 1934 430-241-07 16 1100 ValenciaAvenue 1984 430-241-07 a' (P— Scanned by CamScanner L. L. Ud ORI-CCSIA UL SI 1'x 551 tNE[�A, ,� •�-•-•-,..�.....•,,�.-.....w,�, � - - � tsar .,. '•�-�— :.--- ' � i �, I •tG t -.moo,.:. ti. �� ; : �' %.� e • xxx �, , e • i � i�l. 1.1 ). J) 7{1 f{� •� J: f4i "-lii. t '( LSA, .... �. I-a)as \exj�' 1r"w,'%Mw k.wa A3 %oftL...j kAw S'e t Scanned by CamScanner NQw,,�(+ • Mr; oil. K IL 1 gLID Scanned by CamScanner B.2 Natural History Museum of Los Angeles County Records Search NATURAL HISTORY MUSEUM LOS AWALfS COUNTY FirstCarbon Solutions 250 Commerce, Suite 250 Irvine, CA 92602 Attn: David M. Smith, Project Manager, Archaeologist Natural History Museum of Los Angeles County goo Exposition Boulevard Los Angeles, CA 90007 tel 213.763.DINO www.nhm.org Vertebrate Paleontology Section Telephone: (213) 763-3325 e-mail: smcleod@nhm.org 30 October 2019 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 Inspiring wonder, discovery and responsibility for our natural and cultural worlds. 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 5`h 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