HomeMy WebLinkAbout04 PC REPORT TUSTIN AUTO CENTER DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
I
AGENDA REPORT ITEM 44
MEETING DATE: MAY 11 , 2020
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2020-0006 AND DEVELOPMENT AGREEMENT
2020-0001
PROPERTY OWNER TUSTIN AUTO CENTER MERCHANTS ASSOCIATION
AND APPLICANT: ATTN: JOHN PATTERSON
C/O POWERSTONE PROPERTY MANAGEMENT
9060 IRVINE CENTER DRIVE
IRVINE, CA 92618
LOCATION: ASSESSOR PARCEL NO. 500-181-08 (REAR OF 40 & 44 AUTO
CENTER DR.; NO STREET ADDRESS)
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL BUSINESS (PCCB)
ZONING: PLANNED COMMUNITY COMMERCIAL (PC C)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST: A REQUEST TO AMEND THE CONDITIONS OF APPROVAL
FOR AN EXISTING FREEWAY ADJACENT DIGITAL DISPLAY
BILLBOARD AT THE TUSTIN AUTO CENTER BY ALLOWING
OFF-SITE ADVERTISEMENTS.
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4403 recommending the City
Council approve Conditional Use Permit (CUP) 2020-0006 and Development Agreement
(DA) 2020-0001 amending the Conditions of Approval for an existing freeway adjacent
digital display billboard at the Tustin Auto Center by allowing off-site advertisements.
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 2
APPROVAL AUTHORITY
Pursuant to Tustin City Code (TCC) Section 9404b(7), freeway adjacent digital display
billboards are conditionally permitted and require approval of a DA. TCC Section 9291(c)
requires the Planning Commission to consider and make a determination on requests for
a CUP, however this item is forwarded to the City Council for concurrent consideration
with the DA. Pursuant to TCC Section 9613, the City Council is authorized to consider
the DA following the Planning Commission recommendation.
BACKGROUND
The original freeway sign for the Tustin Auto Center
was approved in 1985 through the approval of
Resolution No. 2343. On August 14, 1989, the
Planning Commission adopted Resolution No. 2654,
approving CUP 89-09 to amend the Auto Center p
Master Sign Program and allow temporary signs and
new directory signs.
On December 22, 2003, the Planning Commission
adopted Resolution No. 3904, approving CUP 03-
023 and allowing auto manufactures names on the
signs, larger sign areas, and an electronic
changeable copy sign adjacent to the freeway. The
changeable copy sign was restricted to displaying
images and advertisements related to the Auto
Center. No off-site advertisements were allowed. } ;
On April 12, 2011 , the Planning Commission _
adopted Resolution No. 4171 , approving CUP 2011-
06 to amend the Tustin Auto Center Master Sign
Program, including provisions for a Tustin Auto
Center identification and information sign, or reader board, which was previously
categorized as a changeable copy sign in the prior amendment. The Resolution carried
over the restrictions imposed on the changeable copy sign (on-site advertisements only and
they must be related to the Auto Center).
On January 21 , 2020, the City Council held the first reading of Ordinance No. 1505 regarding
new TCC regulations to allow freeway adjacent digital display billboards to have off-site
advertisements. On February 4, 2020, the City Council held the second reading and adopted
Ordinance No. 1505. The Ordinance became effective on March 5, 2020.
Site and Surroundings
The property is located within the Planned Community Commercial (PC C) zoning district
and subject to the Tustin Auto Center Planned Community Regulations. The General
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 3
Plan land use designation is Planned Community Commercial Business, which allows for
a variety of retail, professional office, service commercial and other uses that support the
land use. The project site is located on a narrow parcel between the 1-5 Freeway and the
auto dealerships located at 36, 40 and 44 Auto Center Drive (Figure 1). This area of the
1-5 Freeway is currently designated as a Landscape Corridor by Caltrans.
IS
k.
Digital Display ff
Billboard'
Figure 1: Aerial of Project Site
The subject property is owned by the Tustin Auto Center Merchants Association, with the
parcel being approximately one (1)acre in size (Figure 1). The parcel is currently improved
with the existing Tustin Auto Center digital display board, seven (7) monument signs
showing dealership names and landscaping.
DISCUSSION
Project Summary
The applicant is requesting to use the provision under the newly adopted Ordinance No.
1505 to allow for off-site advertisements on their existing Tustin Auto Center digital display
sign approved in 2003. The proposed project would not involve physical modifications to
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 4
the existing sign and would simply require updating the digital display programming to
include non-auto center related advertising. In addition, the applicant intends to establish
advertisement client guidelines and restrictions including, but not limited to, the restriction
of adult content, marijuana products or services, cigarettes, or vaping.
Site Plan and Architecture
The existing digital display sign is located adjacent to the 5 Freeway. It was designed
and constructed to increase the Tustin Auto Center's visibility from the freeway, promote
auto sales and service activities.
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Figure 2: Existing Sign Structure
The existing sign is approximately sixty-five (65)feet in height, twenty-seven and one-half
(27.5) feet wide, and is primarily visible to Interstate 5 motorists.
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 5
Sign Code Compliance
The digital display billboard complies with the City's standards for freeway adjacent digital
display billboards (Ordinance No. 1505) as follows:
--City Requirement — --Proposed with Code
LocationCommercial Zone 0 Commercial zone' Y
• Within 400'of Interstate 5 0 Within 60'of freeway'
freeway
Distance fro Minimum 300' 1,665' from residential community Y
residentii (Rancho Alisal Apartments)'
• Max. 55' between freeway 35' between freeway pavement and Y
pavement level and bottom of bottom of display board'
display board
• 25' height, 60'width 21' 11" height, 27'9"width' Y
• Max. 1,500 square feet sign • 616 square feet sign area'
area
Double faced, covered backs, Double faced with backs and facings Y
ifflL covered facings. covered'
Orientation Primarily viewed from Interstate 5 Complies; Display is perpendicular to Y
the freeway and primarily visible to
both north and southbound lanes.'
BrightnessComply with all applicable laws Designed and programmed to meet Y
regarding brightness. applicable laws. Utilizes light
mitigation technology such as
automatic gradual dimming,
horizontal and vertical cutoff angles,
louvered diodes and black ribbed
backing for light refraction.',Z
Display Cycl 0 Display still images for Still images will be programmed to Y
minimum 8 seconds. display for minimum 8 seconds and
• Display transition/blank transition screens will display for
screens for maximum 1 maximum 1 second.2
second.
ComplianceFederal, State and Local laws Operation, maintenance, repair, etc. Y
with laws when • Highway Beautification Act shall comply with applicable Iaws.2
operating, Outdoor Advertising Act
repairing,
PublicDA confers a substantial public DA includes advertisement display of Y
benefit to the City and general City sponsored events on the
public. billboard and financial contribution
from the Tustin Auto Center
Merchants Association for City
Am programs.
' Existing Condition, 2 Condition of Approval
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 6
Amendment to Conditions of Approval
According to the current Tustin Auto Center Master Sign Program Section IV.F.2, the digital
display billboard is subject to several requirements. To accommodate the request,
modifications to the Master Sign Program shown below as strikethrough (omit) and
underline (add) are proposed:
• One (1) Auto Center freeway adjacent digital display billboard
;� if e n'infernmTe n ciOR (reader he. Fd) shall be provided along the I-5
freeway.
• Design as identified in Exhibit "G-1", "G-2" and "G-3" as well as the description
as noted below:
A. The Dead-ler be—Ard O.Plontifin.;tinn/inform. tOGR oigR digital display billboard
shall be monitored by the Association for content and clarity of all
messages. The Association will monitor the operations of the reader
board messages to comply with the CaIv Caltrans guidelines for
signal duration and visual impact.
B. The Re.ader be digital display billboard will be limited to high
definition digital display media sources.
G. Messages will be limifedte � d iro�r, of�rhi (39) nnr,ce�fiV8Q n�ler,rl�r
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mel�erS of the uteGeRter
AsseC�tiem The following
advertisements or messages are prohibited:
• Fessages ORGIOGatiRg the Rarne PFct6lFe ef aR
in910P4GE?G lRg eteGt'OGR t'Ga p6lbliG nffine nr relatiRg to P61bhlin
89189G.tiG,.Jrr}-�vTTefeT������]m� n1r �_VG_na� �+�/�iGi-i�nrZJ
n} �r��+ � poyi?e
Tom.l tl:C ['G r�/�I + �+CfGGT� Tviews,� G, GG Rte Rti. .YRS G_R IA- Qr
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iienro nnliniec nr heliefc
• PeYtt.� Yl'l e ft f h i i eS PFOdHGtS, PeFSE)es n r s i i h i e Gts Ret
rel.Ate 1 to T-,iotin A i inn (`orator
• n4esages ads eamserneptS that Fs;r_tQRfQ. r nnvr-vr;;R GNSGE E?
A--AW—re er nen4eR n
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 7
• Messages that stimulate or imitate in size, color, lettering, or
design of any traffic signor signal, or which make use of the words
"Stop," "Look," "Danger," or any other words, phrases, symbols, or
characters in such a manner as to interfere with, mislead, or
confuse traffic.
• Messages and/or advertisements that are audible or emitting
sounds.
• veSsFagewill be limited to the disprlayiof dealer rn�r G�e Rrte�F_VV01 9
(withe6ltS eCal GVGRtS, digital images ef C�rrCp} vehd
mrlino ref "Sale A-P value r,riniRg"\, the advertisement_A
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dealerships in geReFal .;;Pd- heirs 9r epeF tieR
D. The digital display billboard shall comply with all applicable laws
regarding brightness.
E. The display of still images or messages shall be programmed to
display for minimum eight (8) seconds and transition screens shall
display for maximum one (1) second.
F. The operation, maintenance, repair, etc., of the digital display billboard
shall comply with all applicable laws including, but not limited to, the
Highway Beautification Act, State of California Business and
Professions Code regarding Advertisers, the Outdoor Advertising Act,
and the Landscape Corridor restrictions as imposed by Caltrans.
As proposed, the freeway adjacent digital display billboard would display off-site
advertisements, such as product brands that may be purchased in the Tustin Auto Center
as well as other products and services in conjunction with the Auto Center. As conditioned,
the Tustin Auto Center Master Sign Program shall be amended to reflect updated
requirements and standards for a digital display billboard.
Development Agreement
The establishment of a freeway adjacent digital display billboard requires the execution of a
DA to identify public benefits in association with the proposed request. The DA will include,
but will not be limited to, the following provisions:
• The term of the DA is limited to five (5) years unless mutually extended.
• Public benefits
o The City will have a minimum reserved share of display time on the billboard
to advertise city-sponsored civic events and programs at no cost to the City.
The City Messages will receive an eight (8) second spot in every eighty (80)
second rotation, at week long intervals, for a minimum of sixteen (16) weeks
per each calendar year of the Agreement.
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 8
o The applicant agrees to make an annual sponsorship contribution in the
amount of$25,000 to the City's Parks & Recreation Department events such
as Tustin Chili Cook-Off, Concerts in the Park, Fourth of July, and/or Tiller
Days and the applicant will receive name recognition as a sponsor of the
events.
• Annual review of Billboard Owner's and Billboard Operator's performance, etc.
Pursuant to TCC Section 9607, the Planning Commission shall consider the DA and make
a recommendation thereon to the City Council. The Planning Commission shall forward
its recommendation to the City Council within thirty (30) days of the time specified for the
public hearing.
Environmental Review
This project has been determined to be Categorically Exempt pursuant to Section 15301
(Class 1) of the California Environmental Quality Act in that the subject project involves
no physical modifications to an existing structure and results in negligible expansion of
an existing use.
FINDINGS
In determining whether to approve the proposed freeway adjacent digital display billboard,
the Planning Commission must determine whether or not the proposed use will be
detrimental to the health, safety, morals, comfort, or general welfare of the persons residing
or working in the neighborhood, nor be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or to the general welfare of the
City of Tustin.
A decision to approve the CUP request may be supported by the following findings:
1 . That the proposed project complies with the requirements of TCC Section
9404b(7) (Ordinance No. 1505) in that, as proposed and conditioned, the freeway
adjacent digital display billboard location complies with City standards, the
proposed operations of the digital display billboard will be conditioned to conform
to City, Federal and State requirements, and there will be no physical change to
the existing sign as a result of this project.
2. That the proposed amendment to the Master Sign Program will not create a traffic
or safety hazard in that the sign structure is existing and has not previously created
a traffic or safety hazard during its operation. That the proposed operation will
include off-site advertising images and City-sponsored events as identified in DA
2020-0001 , in addition to advertisements related to the Tustin Auto Center.
3. That the proposed project will not create a nuisance to the adjacent property in
that the digital display is an existing electronic reader board that was approved in
2003 and has no history of creating traffic or safety hazards, and, as conditioned
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 9
the digital display board will not create a nuisance to adjacent property.
4. That the proposed project will not result in any undue or significant increase in visual
clutter in the area surrounding the parcel upon which the freeway adjacent digital
display billboard will be located in that the digital display is an existing electronic
reader board that was approved in 2003 and no additional digital display billboard
will be installed.
5. The City's Public Works Department, Police Department and Building Division have
reviewed and support the development of the proposed project, as conditioned.
A decision to approve the DA request may be supported by the following findings:
1 . The project is consistent with the objectives, policies, general land uses and
programs specified in the General Plan and the Auto Center Planned Community
regulations in that the proposed freeway adjacent digital display billboard use is a
conditionally permitted use that supports the Tustin Auto Center and City
programs.
2. The project is compatible with the uses authorized in the district in which the real
property is located in that the site is approved for a freeway digital display billboard
and the proposed project is a minor expansion of the allowed use.
3. The project is in conformity with the public necessity, public convenience, general
welfare, and good land use practices in that the agreement incorporates public
benefits in the form of advertisements for city events and financial contributions to
City programs.
4. The project will not be detrimental to the health, safety, and general welfare in that
the freeway adjacent digital display billboard structure is existing. That, as
conditioned, the billboard structure and use will not be detrimental to health, safety,
and general welfare.
5. The project will not adversely affect the orderly development of property in that the
existing and surrounding properties are already improved with landscaping,
signage and multiple automobile dealerships.
6. The project will have a positive fiscal impact on the City in that the provisions of
the proposed DA and conditions of approval will ensure that the project will have
a positive fiscal impact on the City.
CONCLUSION
The proposed amendment to the Tustin Auto Center Master Sign Program is consistent
with Ordinance No. 1505 Section and provides public benefits to the City in the form of
increase visibility of City-sponsored events and financial contributions. Accordingly, staff is
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
PC Report
May 11, 2020
DA 2020-0001 & CUP 2020-0006
Page 10
recommending that the Planning Commission adopt Resolution No. 4403, recommending
that the City Council approve the proposed project.
("4/29/20 20 04/29/20 20
Edmelynne V. Hutter Elizabeth A. Binsack
Senior Planner Community Development Director
(� u Lk)ULk,g,, 04/29/20 20
`JJustina L. Willkom
Assistant Director - Planning
Attachments:
A. Location Map & Land Use Application Fact Sheet
B. Submitted Plans and Project Statement
C. Resolution No. 4403
• Exhibit A: Draft Ordinance No. 1507 — DA 2020-0001
• Exhibit B: Conditions of Approval
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
ATTACHMENT A
LOCATION MAP
LAND USE APPLICATION FACT SHEET
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
LOCATION MAP
CLIP-2020-0006 & DA-2020-0001: DIGITAL BILLBOARD
APN: 500-181-08
1,000' -ilk�
500'.-
300'
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PROJECT SITE
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DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CUP-2020-0006 and DR-2020-0001
2. LOCATION: REAR OF 40 AND 44 AUTO CENTER DRIVE. 3. ADDRESS: N/A.
4. APN(S): 500-181-08
5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 2011-06
6. SURROUNDING LAND USES:
NORTH: COMMERCIAL SOUTH: 1-5 FREEWAY
EAST: COMMERCIAL WEST: 1-5 FREEWAY
7. SURROUNDING ZONING DESIGNATION:
NORTH: PLANNED COMMUNITY COMMERCIAL
SOUTH: N/A(1-5 FREEWAY)
EAST: PLANNED COMMUNITY COMMERCIAL
WEST: N/A(1-5 FREEWAY)
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: PLANNED COMMUNITY COMMERCIAL BUSINESS
SOUTH: N/A(1-5 FREEWAY)
EAST: PLANNED COMMUNITY COMMERCIAL BUSINESS
WEST: N/A(1-5 FREEWAY)
9. SITE LAND USE:
A. EXISTING: COMMON ASSOCIATION PROPERTY PROPOSED: SAME
B. GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL BUSINESS
PROPOSED GP: SAME
D. ZONING: PLANNED COMMUNITY COMMERCIAL PROPOSED ZONING: SAME
DEVELOPMENT FACTS:
10. LOT AREA: 1 ACRE APPROX.
11. MONUMENT SIGN: 7 MAX. QTY. PROVIDED: 7 QTY.
12. FREEWAY BILLBOARD: 1 MAX. QTY. EXISTING: 1 QTY PROPOSED: 1 QTY
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
ATTACHMENT B
SUBMITTED PLANS
PROJECT STATEMENT
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
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DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
April 21 , 2020
Edmelynne Hutter
Senior Planner
City of Tustin
300 Centennial Way
Tustin, CA 92780
Ms. Hutter,
Outlined below are our responses to the requested approval criteria addressing the Digital Display
section of the Tustin City Code, Chapter 6 and Section 7 (a). Please note that our freeway adjacent
digital display billboard currently exists and was erected before November 14, 2019 and is in
conformance with 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.
Our project meets this criteria and is located on the commercially zoned Tustin Auto Center and is
within 60 feet of the Interstate 5 freeway right-of-way.
2. Distance from residential uses. No freeway adjacent digital display billboard may be placed at a
distance of less than three hundred (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.
Our project meets this criteria and is 1,745 feet from the property line of any residentially zoned
parcel, as measured from the border of the digital display billboard face which is the closest project
point 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.
Our project meets this criteria as it is an existing approved display that measures 35 feet from
above the pavement level of the Interstate 5 freeway to the bottom of the digital display and therefore,
does not exceed fifty-five (55) feet above the pavement level of the Interstate 5 freeway to the bottom of
the digital display as required.
ELECTRA-MEDIA, INC. // 4737 W. 156TH STREET LAWNDALE, CA 90260 // 310.725.0816 // EMISIGNS.COM
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915 ,.
4. Size. The maximum size of each freeway adjacent digital display billboard face display area shall
be twenty-five (25) feet in height and sixty (60) feet in width, with the area of each face not to exceed
an overall maximum amount of fifteen-hundred 1,500 square feet, including border and trim.
Our project meets this criteria and each digital display billboard face measures 21 '1 1" H x 27' 9"
W, with the area of each face not exceeding 616 square feet, including border and trim.
5. Design. All freeway adjacent digital display billboards shall either be double faced or include
covered backs or facings. Notwithstanding anything in this Chapter to the contrary, the distance of
separation between the faces on a double-faced freeway adjacent digital display billboard may exceed
eighteen (18) inches if deemed necessary by City to maximize visibility from the Interstate 5 freeway or
the SR 55 freeway.
Our project meets this criteria and the digital display billboards are double faced including covered
backs and facings.
6. Orientation. Each freeway adjacent digital display billboard must be oriented primarily for viewing
from the Interstate 5 freeway or the SR 55 freeway.
Our project meets this criteria and our freeway adjacent digital display billboard is oriented
primarily for viewing from the Interstate 5 freeway and is angled for maximum readership from vehicles
driving in all lanes on each side of the Interstate 5 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.
Our project meets this criteria and our freeway adjacent digital display billboard complies with all
applicable laws and regulations concerning brightness, including, without limitation, California Vehicle
Code Section 21466.5 and employs all digital LED light mitigation technology including, but not
limited to, automatic gradual dimming, horizontal and vertical cutoff angles, louvered diodes and
black ribbed backing for light refraction.
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 (1) still image and the
next may not exceed one (1) second.
Our project meets this criteria and our freeway adjacent digital display billboard will show a series
of still images, each displayed for at least eight (8) seconds. The still images will not move or present
the appearance of motion and will not use flashing, scintillating, blinking, or traveling lights or any
other means not providing constant illumination. Transition or blank screen time between one (1) still
image and the next will 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
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915 ,.
Code Section 5200 et seq.), and this Chapter, when constructing, operating, improving, maintaining,
repairing, and removing the freeway adjacent digital display billboard.
Our project meets this criteria and our digital display billboard will comply with all applicable
federal, state, or local laws, including the Highway Beautification Act of 1965 (23 United States Code
Section 131), the Outdoor Advertising Act (California Business and Professions Code Section 5200 et
seq.), and this Chapter, when operating, improving, maintaining and repairing the freeway adjacent
digital display billboard. We will keep current all applicable City, State and Federal permits for the
relevant and intended use of the 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.
Our project meets this criteria and our freeway adjacent digital display billboard will confer a
substantial public benefit to the City and to the general public through the advertising of City events
and public service announcements, increased awareness of, and sales at, the Tustin Auto Center which
will in turn, increase sales tax revenue to the City and by providing additional means of revenue
generation for the Tustin Auto Center to support the dealerships during times of automotive market
stagnation or downturn.
1 1 . 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;
Our project does comply with the requirements of this subsection 9404b (7) and this Chapter as
outlined in the items above and in the supporting submittal documentation.
b. Will not create a traffic or safety hazard.
Our project is currently existing and has existed for over 10+ years with no history of creating
traffic or safety hazard and will not provide one after the approval of this CUP/development
agreement.
C. Will not create a nuisance to adjacent property; and
Our project is currently existing and has existed for over 10+ years with no history of creating a
nuisance to adjacent property and will not provide one after the approval of this CUP/development
agreement. This project is consistent with the zoning uses of the subject property and surrounding local
parcels.
d. Will not result in any undue or significant increase in visual clutter in the area surrounding the
parcel upon which the freeway adjacent digital display billboard will be located.
Our project is currently existing and has existed for over 10+ years and will therefore not result in
any undue or significant increase in visual clutter in the area surrounding the parcel upon which the
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
freeway adjacent digital display billboard is currently located.
The Development Agreement application submitted intends to keep all aspects of the Tustin Auto
Center digital display billboard as is, excluding for the allowance of off-premise advertising. As such,
the Tustin Auto Center Merchants Association plans to implement ad-client guidelines and restrictions
including but not limited to, the restriction of adult content of any kind, marijuana products or services,
cigarettes, or vaping.
I trust you will find this satisfactory, but should you have any further questions please do not hesitate to
contact me.
Regards,
Rod Wilson
President/CEO
Electra-Media, Inc.
310.725.0816
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
ATTACHMENT C
RESOLUTION NO. 4403
• EXHIBIT A - DRAFT ORDINANCE NO. 1507 -
DA 2020-0001
• EXHIBIT B - CONDITIONS OF APPROVAL
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
RESOLUTION NO. 4403
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE
TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE
PERMIT 2020-0006 AND DEVELOPMENT AGREEMENT 2020-
0001 AMENDING THE CONDITIONS OF APPROVAL FOR AN
EXISTING FREEWAY ADJACENT DIGITAL DISPLAY
BILLBOARD AT THE TUSTIN AUTO CENTER BY ALLOWING
OFF-SITE ADVERTISEMENTS.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application has been submitted by John Patterson of the Tustin
Auto Center Merchants Association for the establishment of a freeway
adjacent digital display board by amending the current conditions of approval
for an existing freeway adjacent digital display billboard at the Tustin Auto
Center by allowing off-site advertisements.
B. That the development application includes the following requests:
1 . Conditional Use Permit (CUP) 2020-0006 to amend the conditions of
approval for an existing freeway adjacent digital billboard at the Auto
Center by allowing off-site advertisements.
2. Development Agreement (DA) 2020-0001 to identify public benefits in
association with the proposed request.
C. That pursuant to Tustin City Code (TCC) Section 9404b(7)and Ordinance No.
1505, freeway adjacent digital display billboards require approval of a
conditional use permit, development agreement and public benefits.
D. That the site is zoned as Planned Community Commercial (PC C) and subject
to the Auto Center Planned Community Regulations; and designated as
Planned Community Commercial Business by the Tustin General Plan. In
addition, the project has been reviewed for consistency with the Air Quality
Sub-element of the City of Tustin General Plan and has been determined to
be consistent with the Air Quality Sub-element.
E. That a public hearing was duly called, noticed, and held on said application
on May 11 , 2020, by the Planning Commission.
F. That the establishment of the proposed amendment to the master sign plan
will not, under the circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or working
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Resolution No. 4403
Page 2
in the neighborhood of the subject property, or to the general welfare of the
City of Tustin in that:
1 . That the proposed project complies with the requirements of TCC
Section 9404b(7) (Ordinance No. 1505) in that, as proposed and
conditioned, the freeway adjacent digital display billboard location
complies with City standards, the proposed operations of the digital
display billboard will be conditioned to conform to City, Federal and State
requirements, and there will be no physical change to the existing sign
as a result of this project.
2. That the proposed amendment to the Master Sign Program will not
create a traffic or safety hazard in that the sign structure is existing and
has not previously created a traffic or safety hazard during its operation.
That the proposed operation will include off-site advertising images and
City-sponsored events as identified in DA 2020-0001 , in addition to
advertisements related to the Tustin Auto Center.
3. That the proposed project will not create a nuisance to the adjacent
property in that the digital display is an existing electronic reader board
that was approved in 2003 and has no history of creating traffic or safety
hazards, and, as conditioned the digital display board will not create a
nuisance to adjacent property.
4. That the proposed project will not result in any undue or significant
increase in visual clutter in the area surrounding the parcel upon which the
freeway adjacent digital display billboard will be located in that the digital
display is an existing electronic reader board that was approved in 2003
and no additional digital display billboard will be installed.
5. The City's Public Works Department, Police Department and Building
Division have reviewed and support the development of the proposed
project, as conditioned.
G. That Tustin City Code (TCC) Section 9404b(7) requires freeway adjacent
digital display billboards to obtain a DA in accordance with Section 65864 et
seq. of the Government Code and Sections 9600 to 9619 of the TCC. In
compliance with TCC Section 9611, the Tustin Planning Commission must
make a recommendation on the proposed DA to the City Council. The DA can
be supported by the following findings:
1 . The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the Auto Center Planned
Community regulations in that the proposed freeway adjacent digital
display billboard use is a conditionally permitted use that supports the
Tustin Auto Center and City programs.
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Resolution No. 4403
Page 3
2. The project is compatible with the uses authorized in the district in which
the real property is located in that the site is approved for a freeway digital
display billboard and the proposed project is a minor expansion of the
allowed use.
3. The project is in conformity with the public necessity, public convenience,
general welfare, and good land use practices in that the agreement
incorporates public benefits in the form of advertisements for city events
and financial contributions to City programs.
4. The project will not be detrimental to the health, safety, and general
welfare in that the freeway adjacent digital display billboard structure is
existing. That, as conditioned, the billboard structure and use will not be
detrimental to health, safety, and general welfare.
5. The project will not adversely affect the orderly development of property
in that the existing and surrounding properties are already improved with
landscaping, signage and multiple automobile dealerships.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed DA and conditions of approval will ensure that
the project will have a positive fiscal impact on the City.
H. That this project has been determined to be Categorically Exempt pursuant
to Section 15301 (Class 1) of the California Environmental Quality Act in
that the subject project involves no physical modifications to an existing
structure and results in negligible expansion of an existing use.
II. The Planning Commission hereby adopts Resolution No. 4403 recommending that
the City Council approve CUP 2020-0006 and DA 2020-0001 , attached hereto as
Exhibit A, and subject to the conditions attached hereto as Exhibit B.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 11th day of May, 2020.
AMY MASON
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
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Resolution No. 4403
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4403 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
11 th day of May, 2020.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
DRAFT ORDINANCE NO. 1507
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING DEVELOPMENT AGREEMENT 2020-
0001 BETWEEN THE CITY OF TUSTIN AND TUSTIN AUTO
CENTER MERCHANTS ASSOCIATION IN ASSOCIATION
WITH CONDITIONAL USE PERMIT 2020-2006 FOR A
FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT
THE TUSTIN AUTO CENTER
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That a proper application has been submitted by John Patterson of the
Tustin Auto Center Merchants Association for the establishment of a
freeway adjacent digital display board by amending the current conditions
of approval to allow display of off-site advertisements.
B. That pursuant to Tustin City Code (TCC) Section 9404b(7) and Ordinance
No. 1505, freeway adjacent digital display billboards require approval of
a conditional use permit, development agreement and public benefits.
C. That Development Agreement (DA) 2020-0001 serves to identify public
benefits in association with Conditional Use permit (CUP) 2020-0006 for a
freeway adjacent digital display billboard at the Tustin Auto Center.
D. That a public hearing was duly called, noticed, and held on said
application on May 11 , 2020, by the Planning Commission. The Planning
Commission adopted Resolution No. 4403 recommending that the City
Council adopt Ordinance No. 1507 and approve the amendment to the
Auto Center Master Sign Program.
E. That a public hearing was duly called, noticed, and held on said
application on June 2, 2020, by the City Council.
F. That this project has been determined to be Categorically Exempt
pursuant to Section 15301 (Class 1) of the California Environmental
Quality Act in that the subject project involves no physical modifications
to an existing structure and results in negligible expansion of an existing
use.
G. That the DA can be supported by the following findings:
1 . The project is consistent with the objectives, policies, general land
uses and programs specified in the General Plan and the Auto Center
Planned Community regulations in that the proposed freeway adjacent
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Ordinance No. 1507
DA-2020-0001
Page 2
digital display billboard use is a conditionally permitted use that
supports the Tustin Auto Center and City programs.
2. The project is compatible with the uses authorized in the district in
which the real property is located in that the site is approved for a
freeway digital display billboard and the proposed project is a minor
expansion of the allowed use.
3. The project is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
agreement incorporates public benefits in the form of advertisements
for city events and financial contributions to City programs.
4. The project will not be detrimental to the health, safety, and general
welfare in that the freeway adjacent digital display billboard structure
is existing. That, as conditioned, the billboard structure and use will
not be detrimental to health, safety, and general welfare.
5. The project will not adversely affect the orderly development of
property in that the existing and surrounding properties are already
improved with landscaping, signage and multiple automobile
dealerships.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed DA and conditions of approval will ensure
that the project will have a positive fiscal impact on the City.
SECTION 2. The City Council hereby approves DA-2020-0001 attached hereto as
Exhibit A and subject to final approval of the City Attorney.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any reason held 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,
sentence, 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.
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Ordinance No. 1507
DA-2020-0001
Page 3
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this June 9, 2020.
DR. ALLAN A. BERNSTEIN
Mayor
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1507
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 5; that the above and foregoing Ordinance No. 1507
was duly and regularly introduced at a regular meeting of the Tustin City Council, held
on the June 2, 2020, and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the June 9, 2020, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Published:
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn: City Clerk
[Exempt From Recording Fee Per Gov. Code §6103]
DEVELOPMENT AGREEMENT NO.
This Development Agreement("Agreement") is entered into this day of
, 2020, ("Effective Date") by and between the CITY OF TUSTIN
("City") and TUSTIN AUTO CENTER MERCHANTS ASSOCIATION, a non-profit California
Corporation ("Applicant"). City and Applicant are sometimes collectively referred to in this
Agreement as the "Parties."
RECITALS
A. The Tustin Auto Center located at 1-50 Auto Center Drive, consists of twelve (12)
auto dealerships on approximately (50) acres.
B. On December 22, 2003, the City Planning Commission approved Conditional Use
Permit 03-023 ("CUP 03-023") authorizing amendments to the Tustin Auto Center Master Sign
Program allowing for a new electronic changeable copy sign located adjacent to and visible from
the Interstate 5 freeway, as more particularly depicted on Attachment "1" appended hereto
("Existing Sign").
C. On April 12, 2011, the City Planning Commission approved Conditional Use
Permit 2011-06 ("CUP 2011-06"), superseding CUP 03-023, and authorizing additional
amendments to the Tustin Auto Center Master Sign Program.
D. The Tustin Auto Center Master Sign Program, as amended by CUP 2011-06, limits
displays on the Existing Sign to advertising members of the Auto Center Association and messages
relating to dealer or center-wide special events, digital images of current vehicles (without
indication of"sale or value pricing"), and dealership hours of operations.
E. Tustin City Code Section 9404(b)(7)permits the conversion of an existing freeway
oriented electronic changeable copy sign to freeway adjacent digital display billboard upon the
approval of a development agreement and subject to certain restrictions and criteria.
F. Applicant, with City approval, desires to convert the Existing Sign to a freeway
adjacent digital display billboard ("Digital Billboard"). This conversion would not necessitate a
physical modification to the Existing Sign. Instead, the conversion would allow Applicant to
expand the scope of advertisements and messages permitted on the sign, subject to the limits of
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this Agreement and the California Outdoor Advertising Act(Bus. And Prof. Code Sections 5200
et seq.)
G. On May 11, 2020, the City Planning Commission, at a duly noticed public hearing
to consider the approval of this Agreement, adopted Resolution No. 4403 recommending approval
of this Agreement to the City Council and finding the Project, as defined below, categorically
exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to
Section 15301 regarding minor modification of existing structures.
H. On , 2020, the City Council of the City, at a duly noticed public hearing to
consider the approval of this Agreement, considered the proposal and heard testimony relating to
this Agreement.
I. On_, 2020, the City Council conducted the second reading of Ordinance No. -_,
thereby approving this Agreement.
J. City finds and determines that all actions required of City precedent to approval of
this Agreement by Ordinance No. of the City Council have been duly and regularly taken.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. GENERAL PROVISIONS
1.1 Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by this reference.
1.2 Permitted Conversion of Existing Sign. Subject to the terms and conditions of
this Agreement, Applicant is hereby authorized to convert the Existing Sign to a freeway adjacent
digital display billboard ("Digital Billboard").
1.3 Binding Effect of Agreement. From and following the Effective Date, actions by
the City and Applicant with respect to the Project, including actions by the City on applications
for Subsequent Development Approvals affecting such Site, shall be subject to the terms and
provisions of this Agreement.
1.4 Interest in Site and Development Approvals — Conditions Precedent. City and
Applicant acknowledge and agree that Applicant has a legal or equitable interest in the Site of the
Existing Sign, as more particularly described in Attachment "2" (hereafter "Site") and thus is
qualified to enter into and be a party to this Agreement under the Development Agreement Law.
Applicant shall maintain its interest in the Site for the entire Term of this Agreement.
1.5 No Assignment. Applicant may only assign or otherwise transfer this Agreement,
or its interest in the Site, to any other person, firm, or entity, upon presentation to the City of an
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assignment and assumption agreement in a form reasonably acceptable to the City Attorney and
receipt of the City's written approval of such assignment or transfer by the City Manager, which
approval may be withheld for any reason at the sole discretion of the City.
1.6 Term of Agreement. Unless earlier terminated, this Agreement shall continue in
full force and effect through December 31, 2024. Notwithstanding the foregoing, City and
Applicant may agree to extend the term of this Agreement pursuant to an agreement in writing
upon terms acceptable to both Parties. Within 30 calendar days after the expiration or termination
of this Agreement, the Parties shall execute a written cancellation of this Agreement which shall
be recorded with the County Recorder pursuant to Section 6.1. Following the expiration of the
term and provided no extension of this Agreement is agreed to,then Applicant will limit the scope
and subject of advertisements and messages on the Digital Billboard in accordance with Section
IV.F.2 of the Tustin Auto Center Master Sign Program, as amended by CUP 2011-06.
1.7 Public Benefits. Applicant shall also provide the following community benefits
during the entire Term of this Agreement, for as long as the Digital Billboard is operated:
1.7.1 City's Display Time on Digital Billboard. Applicant shall provide a
minimum reserved share of visual displays on the Digital Billboard free of charge to City
for public service announcements and/or advertising of city-sponsored civic events and
programs ("City Messages") as specified herein. The City Messages shall receive an 8
second spot in every 80 second rotation, at week long intervals, for a minimum of 16 weeks
per each calendar year of the Agreement. For the period extending from the Effective Date
through December 30, 2020, the amount of minimum reserved share of visual displays
allotted for City Messages shall be prorated. Further, Applicant shall offer to display City
Messages on an "as available" basis free of charge to City, with first right of refusal for
available share of visual displays afforded to City. City will be responsible for providing
appropriate artwork for the City Messages pursuant to reasonable art specifications as may
be specified by Applicant from time to time. City Messages may only display third-party
names or logos of City event sponsors when those logos are part of the City Message.
Advertising space for City Messages may not be sold or exchanged for consideration of
any kind to a non-governmental third party.
1.7.2 Annual Sponsorship Contribution. Applicant shall make an annual
sponsorship contribution ("Contribution")to the City's Parks & Recreation Department to
support community events, as specified herein. The Contribution may be applied to the
following community events: (1) Tustin Chili Cook-Off, (2) Concerts in the Park, (3)
Fourth of July, and/or (4) Tiller Days, and the Applicant will receive name recognition as
a sponsor of the events. The City reserves the right to cancel or discontinue any of the
above-referenced community events. The amount of the Contribution shall not be offset
or pro-rated in the event of any such cancellation or discontinuation.
The Contribution for the period ending December 31st, 2020 shall be $25,000. In
recognition of the Applicant's 2020 sponsorship of City community events totaling
$12,000 prior to the Effective Date ("Previous Payments"), the City agrees to offset the
payment for the first Contribution by the amount of the Previous Payments. Accordingly,
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the amount owing and payable to the City by Applicant as the Contribution for the first
calendar year shall total $13,000.
The Contribution for calendar years 2021 through 2024 shall be determined
pursuant to Section 1.7.3 below.
1.7.2.1 Payment Schedule. The Contribution shall be paid annually, with
the first installment payable no later than 90 calendar days following the Effective
Date("First Due Date"). Subsequent Contribution installments shall be payable on
February 281h of each successive calendar year ("Subsequent Due Date(s)"). The
First Due Date and the Subsequent Due Date(s) are individually and collectively
referred to hereafter as the"Due Date."
1.7.2.2 Late Payment. Failure by Applicant to pay the Contribution to the
City within 30 calendar days following the Due Date is considered a material
Breach of this Agreement subject to termination in accordance with Section 4.1.1.
1.7.3 Annual Review of Public Benefits. By no later than January 31s' of each
year, the City Manager or their designee, and Applicant will review and negotiate the
amount of Contribution payable to the City per Section 1.7.2 and consider revisions to the
City's share of visual time on the Digital Billboard per Section 1.7.1. The City Manager
or their designee is authorized to approve, by written addendum to this Agreement,
adjustments to the Contribution amounts and/or the quantity of City display time on the
Digital Billboard, provided that the City Manager may not approve a Contribution of less
than $25,000 or a reduction in the City's allotment of display time on the Digital Billboard
("Reduction in Public Benefit"). Any Reduction in Public Benefit may only be approved
by action of the City Council. The City Manager may, at their discretion, forward any
other proposed modification of Public Benefits to the City Council.
1.8 Regulation by Other Public Agencies.It is acknowledged by the Parties that other
public agencies not subject to control by City possess authority to regulate aspects of the Site and
the Digital Billboard,and this Agreement does not limit the authority of such other public agencies.
2. DEVELOPMENT AND IMPLEMENTATION
2.1 Effect of Agreement on Land Use Regulations. Except as otherwise provided
under the terms of this Agreement, the rules, regulations and official policies governing permitted
uses of the Site, the density and intensity of use of the Site, the maximum height and size of the
proposed Digital Billboard structure, and the design, and improvement and construction standards
and specifications applicable to the Site shall be as set forth in applicable land use regulations,
including without limitation ordinances, resolutions, codes, rules, regulations and official policies
of the City, including, but not limited to, the City's General Plan, Municipal Code and Zoning
Code, which govern development and use of the Digital Billboard Site, the California Outdoor
Advertising Act (Business & Professions Code § 5200 et seq.) and Regulations (4 Cal. Code of
Regulations § 2240 et seq.), and any approvals from the California Department of Transportation
Outdoor Advertising Division which are in full force and effect as of the Effective Date of this
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Agreement.
2.2 Changes to Display. Nothing herein shall cause Applicant to be in Default if it
upgrades or replaces the digital display during the term of this Agreement to incorporate newer
technology; provided Applicant shall secure all applicable ministerial permits to do so and such
upgrade is consistent with the dimensions and standards for the displays, as provided under this
Agreement,the Tustin City Code,the California Outdoor Advertising Act(Business&Professions
Code § 5200 et seq.) and Regulations (4 Cal. Code of Regulations § 2240 et seq.)
3. REVIEW FOR COMPLIANCE
3.1 Annual Compliance Review. By no later than January 31st of each year, the City
Economic Development Director, or their designee, shall conduct a review to ascertain the good
faith compliance by Applicant with the terms of the Agreement ("Compliance Review"). The
Compliance Review will not require a public hearing unless amendments to this Agreement are
being requested by Applicant or recommended by City. However, no failure on the part of City to
conduct or complete a Compliance Review as provided herein shall have any impact on the validity
of this Agreement. Applicant shall cooperate with the City in the conduct of such Compliance
Review and provide the following information and documentation to the City by December 31st
of each year: (1) copy of a current and valid CalTrans permit; (2) description of all complaints
from CalTrans or the City regarding the Digital Billboard; (3) description of all complaints from
the public regarding the display unrelated to any content of the message displayed; and (4) a list
of all City Messages displayed during the preceding year of the Term per Section 1.7.1 and a
description of the time and duration of such displays.
4. DEFAULT AND REMEDIES
4.1 Termination of Agreement.
4.1.1 Termination of Agreement for Material Default of Applicant. City may
terminate this Agreement for any failure of Applicant to perform any material duty or
obligation of Applicant hereunder or to comply in good faith with the material terms of this
Agreement(hereinafter referred to as"Default"or"Breach");provided,however,City may
terminate this Agreement pursuant to this Section only after(a)providing a thirty (30) day
notice to cure to Applicant, and(2)Applicant's failure to cure the Default or Breach during
the 30-day cure period. In the event of Termination by City under this Section, Applicant
acknowledges and agrees that City may retain all fees, including the Processing Fee and
the Contribution paid prior to the date of termination.
4.1.2 Termination of Agreement for Material Default of City. Applicant, in its
discretion, may terminate this Agreement for any failure of City to perform any material
duty or obligation of City hereunder or to comply in good faith with the material terms of
this Agreement (hereinafter referred to as "Default" or "Breach"); provided, however,
Applicant may terminate this Agreement pursuant to this Section only after (a)providing
a thirty (30) day notice to cure to City, and (2) City's failure to cure the Default or Breach
during the 30-day cure period. In the event of a termination by Applicant under this Section,
Applicant acknowledges and agrees that City may retain all fees, including the Processing
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Fee and the Contribution, Applicant paid up to the date of termination, and Applicant shall
pay the prorated amount of the Contribution within 60 calendar days after the date of
termination that equates to the percentage of time elapsed in the year of the Term at the
time of termination.
4.1.3 Termination of Agreement following Revocation of CUP.
Notwithstanding the foregoing. This Agreement shall immediately terminate upon
revocation of Conditional Use Permit No. 2020-0006 (approved immediately prior to or
concurrently with this Agreement) authorizing the conversion of the Existing Sign to the
Digital Billboard. In the event of Termination by City under this Section, Applicant
acknowledges and agrees that City may retain all fees accrued up to the date of the
termination, including the Processing Fee and the Contribution paid up to the date of
termination, and Applicant shall pay the prorated amount of the Contribution within 60
calendar days after the date of termination that equates to the percentage of time elapsed in
the year of the Term prior to the date of termination.
5. INDEMNIFICATION
Applicant agrees to indemnify, defend, and hold harmless City, its elected and appointed
officials, boards, commissions, agents, contractors, and employees from and against any and all
actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including
but not limited to attorney's fees and costs) which may arise, directly or indirectly, from the acts,
omissions, or operations of Applicant or Applicant's agents, contractors, subcontractors, agents or
employees in connection with the performance of this Agreement, the use and occupation of the
Site, and the use and operation of the Digital Billboard, but excluding any loss resulting from the
sole negligence or willful misconduct of the City, or its elected and appointed officials, boards,
commissions, officers, agents, contractors and employees. Notwithstanding the foregoing, City
shall have the right to select and retain counsel to defend any action or actions and Applicant shall
pay the cost thereof. The indemnity provisions set forth in this Agreement shall survive
termination of this Agreement.
6. MISCELLANEOUS PROVISIONS
6.1 Recordation of Agreement. This Agreement shall be recorded with the County
Recorder by the City Clerk within 10 calendar days of execution, as required by Government Code
Section 65868.5. Amendments approved by the Parties, and any cancellation, shall be similarly
recorded.
6.2 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the Parties with respect to the subject matter set forth herein, and
there are no oral or written representations,understandings or ancillary covenants,undertakings or
agreements which are not contained or expressly referred to herein. No testimony or evidence of
any such representations, understandings or covenants shall be admissible in any proceeding of
any kind or nature to interpret or determine the terms or conditions of this Agreement.
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6.3 Severability.If any term,provision, covenant or condition of this Agreement shall
be determined invalid, void or unenforceable, then that term, provision, covenant or condition of
this Agreement shall be stricken and the remaining portion of this Agreement shall remain valid
and enforceable if that stricken term, provision, covenant or condition is not material to the main
purpose of this agreement, which is to allow the Development to be permitted and operated and to
provide the Contribution to the City; otherwise, this Agreement shall terminate in its entirety,
unless the Parties otherwise agree in writing,which agreement shall not be unreasonably withheld.
6.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning,
to achieve the objectives and purposes of the Parties hereto. The rule of construction, to the effect
that ambiguities are to be resolved against the drafting party or in favor of the non-drafting party,
shall not be employed in interpreting this Agreement, all Parties having been represented by
counsel in the negotiation and preparation hereof.
6.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
6.6 Singular and Plural. As used herein, the singular of any word includes the plural.
6.7 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
6.8 Waiver. Failure of a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the Default of the other party, shall not constitute a waiver of such parry's right to insist and
demand strict compliance by the other party with the terms of this Agreement thereafter.
6.9 No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit for the Parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
6.10 Force Majeure. Neither party shall be deemed to be in Default where failure or
delay in performance of any of its obligations under this Agreement is caused by earthquakes,
other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other
labor difficulties beyond the party's control(including the party's employment force),government
actions and regulations (other than those of the City), court actions (such as restraining orders or
injunctions), or other causes beyond the party's reasonable control. If any such events shall occur
except as otherwise provided herein,the term of this Agreement and the time for performance shall
be extended for the duration of each such event,provided that the term of this Agreement shall not
be extended under any circumstances for more than five (5)years and further provided that if such
delay is longer than six (6) months, Applicant may terminate this Agreement upon written notice
to City and City shall return to Applicant any portion of the Contribution paid for any period after
the effective date of such termination.
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6.11 Mutual Covenants.The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby
of the covenants to be performed hereunder by such benefited party.
6.12 Litigation. Any action at law or in equity arising under this Agreement or brought
by any party hereto for the purpose of enforcing, construing or determining the validity of any of
this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of
California, or such other appropriate court in said county. Service of process on City shall be made
in accordance with California law. Service of process on Applicant shall be made in any manner
permitted by California law and shall be effective whether served inside or outside California. In
the event of any action between City and Applicant seeking enforcement of any of the terms and
conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to
such relief to which such parry is entitled under this Agreement, its reasonable litigation costs and
expenses, including without limitation its expert witness fees and reasonable attorneys' fees.
6.13 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree that
this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this
Agreement, and each of them, hereby covenant and agree that each of them will not commence,
maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any
other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any
such action, that this Agreement or any term hereof is void, invalid, or unenforceable.
6.14 Project as a Private Undertaking. It is specifically understood and agreed by and
between the Parties hereto that the Development of the Project is a private Development, that
neither party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership,joint venture or other association of any kind is formed by this
Agreement. The only relationship between City and Applicant is that of a government entity
regulating the Development of private property, on the one hand, and the holder of a legal or
equitable interest in such property on the other hand. City agrees that by its approval of, and
entering into, this Agreement, that it is not taking any action which would transform this private
Development into a"public work" project, and that nothing herein shall be interpreted to convey
upon Applicant any benefit which would transform Applicant's private project into a public work
project, it being understood that this Agreement is entered into by City and Applicant upon the
exchange of consideration described in this Agreement, including the Recitals to this Agreement
which are incorporated into this Agreement and made a part hereof, and that City is receiving by
and through this Agreement the full measure of benefit in exchange for the burdens placed on
Applicant by this Agreement.
6.15 Further Actions and Instruments. Each of the Parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either party at any time, the other party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
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Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
6.16 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by City of its power of eminent domain or Applicant's right to seek and collect
just compensation or any other remedy available to it.
6.17 Amendments in Writing/Cooperation. This Agreement may be amended only by
written consent of both Parties specifically approving the amendment and in accordance with the
Government Code provisions for the amendment of Development Agreements. The Parties shall
cooperate in good faith with respect to any amendment proposed in order to clarify the intent and
application of this Agreement, and shall treat any such proposal on its own merits, and not as a
basis for the introduction of unrelated matters. Minor, non-material modifications may be
approved by the City Manager.
6.18 Corporate Authority. The person(s) executing this Agreement on behalf of each
of the Parties hereto represent and warrant that(i)such party,if not an individual,is duly organized
and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said
party, (iii) by so executing this Agreement such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of any other
agreement to which such party is bound.
6.19 Notices. All notices under this Agreement shall be effective when delivered by
United States Postal Service mail,registered or certified,postage prepaid return receipt requested;
and addressed to the respective Parties as set forth below or as to such other address as the Parties
may from time to time designate in writing by providing notice to the other party:
To City: City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn: City Manager
With Copy to:
Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Attn: David Kendig, Esq.
To Applicant:
6.20 Nonliability of City Officials. No officer, official, member, employee, agent, or
representatives of City shall be liable for any amounts due hereunder, and no judgment or
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execution thereon entered in any action hereon shall be personally enforced against any such
officer, official, member, employee, agent, or representative.
6.21 No Brokers. City and Applicant represent and warrant to the other that neither has
employed any broker and/or finder to represent its interest in this transaction. Each party agrees to
indemnify and hold the other free and harmless from and against any and all liability, loss, cost,
or expense (including court costs and reasonable attorneys' fees) in any manner connected with a
claim asserted by any individual or entity for any commission or finder's fee in connection with
this Agreement or arising out of agreements by the indemnifying party to pay any commission or
finder's fee.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first set forth above.
City: CITY OF TUSTIN
By:
Dr. Allan Bernstein, Mayor
ATTEST:
By:
Erica N. Yasuda, City Clerk
APPROVED AS TO FORM:
By:
David E. Kendig, City Attorney
Applicant: TUSTIN AUTO CENTER
MERCHANTS ASSOCIATION,
By:
Its:
By:
Its:
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DA-2020-0001: Attachment 1— Elevation and Site Plan
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DA-2020-0001: Attachment 2
LEGAL DESCRIPTION
Real property in the City of Tustin, County of Orange, State of California, described as follows:
PARCEL B OF PARCEL MAP NO. 87-201, RECORDED IN BOOK 240, PAGES 8 THROUGH 10 OF PARCEL
MAPS, OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING UNTO GRANTOR, ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT TO GRANT
AND TRANSFER ALL OR A PORTION OF THE SAME, AS FOLLOWS:
A. ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM OR OTHER RESOURCES, AND
ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE
LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING OR EXPLORING AND
OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER
LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS
OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH
OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE
EXTERIOR LIMITS THEREOF, AND TO REDRILL, RE-FUNNEL, EQUIP, MAINTAIN, REPAIR DEEPEN AND
OPERATE ANY SUCH WELLS, OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF
THE LAND.
B. ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR,
AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE
SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTEREST
ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL
BE RIPARIAN, OVERLAYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE,
ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER
UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS.
C. NONEXCLUSIVE EASEMENTS IN GROSS ON, OVER, UNDER OR ACROSS THE LAND FOR THE
PURPOSES SHOWN AS EXISTING OR PROPOSED ON ANY RECORDED PARCEL OR TRACT MAP OF THE
LAND OR ANY PORTION THEREOF EXISTING ON THE DATE HEREOF, INCLUDING BUT NOT LIMITED TO
THE INSTALLATION, EMPLACEMENT AND MAINTENANCE OF ELECTRIC, GAS, TELEPHONE, CABLE
TELEVISION, WATER, SANITARY SEWER LINES, DRAINAGE FACILITIES OR ANY OTHER UTILITIES,
TOGETHER WITH THE RIGHT TO ENTER UPON THE LAND (WITHOUT UNREASONABLY INTERFERING
WITH GRANTEE'S REASONABLE USE AND ENJOYMENT THEREOF) IN ORDER TO SERVICE, MAINTAIN,
REPAIR, RECONSTRUCT, RELOCATE OR REPLACE ANY OF SUCH LINES OR FACILITIES.
D. NON-EXCLUSIVE EASEMENTS AS SHOWN ON PARCEL MAP NO. 87-201, RECORDED IN BOOK 240,
PAGES 8 THROUGH 10, INCLUSIVE OF PARCEL MAPS, IN THE OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA, ON, OVER, UNDER OR ACROSS THE LAND WITHIN FIVE (5) FEET FROM ALL PROPERTY
LINES WHICH BORDER ON A PUBLIC OR PRIVATE STREET FOR THE INSTALLATION OR EMPLACEMENT
OF ELECTRIC, GAS, TELEPHONE, CABLE TELEVISION, WATER, SANITARY SEWER LINES, DRAINAGE
FACILITIES OR ANY OTHER UTILITIES.
APN: 500-181-08
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
EXHIBIT B
RESOLUTION NO. 4403
CONDITIONS OF APPROVAL
TUSTIN AUTO CENTER FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD
CONDITIONAL USE PERMIT 2020-0006
DEVELOPMENT AGREEMENT 2020-0001
GENERAL
(1) 1.1 The proposed project shall be in compliance with the Tustin City Code, and
City of Tustin Guidelines and Standards and conform with submitted plans
for the project date stamped June 2, 2020, on file with the Community
Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The
Director of Community Development may also approve minor modifications
to plans during plan check if such modifications are consistent with the
provisions of the Tustin City Code, and other applicable codes.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits
for the project, subject to review and approval by the Community
Development Department.
(1) 1.3 The subject project approval shall become null and void unless the use is
established within twelve (12) months. All time extensions may be
considered by the Community Development Director if a written request is
received within thirty (30) days prior to expiration date.
(1) 1.4 Approval of project is contingent upon the applicant returning to the
Community Development Department a notarized "Agreement to
Conditions Imposed" form and the property owner signing and recording
with the County Clerk-Recorder a notarized "Notice of Discretionary Permit
Approval and Conditions of Approval' form. The forms shall be established
by the Director of Community Development, and evidence of recordation
shall be provided to the Community Development Department.
(1) 1.5 The applicant shall comply with executed Development Agreement (DA)
2020-0001.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
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Exhibit B
Resolution No. 4403
Page 2
USE RESTRICTIONS FOR FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD
*** 2.1 The approval is to allow off-site advertisements on the existing freeway
adjacent digital display billboard.
*** 2.2 The Tustin Auto Center Master Sign Program Section IV.F.2. shall be
amended to read as follows:
One (1)Auto Center freeway adjacent digital display billboard shall be
provided along the I-5 freeway.
Design as identified in Exhibit "G-1", "G-2" and "G-3" as well as the
description as noted below:
A. The digital display billboard shall be monitored by the Association
for content and clarity of all messages. The Association will monitor
the operations of the reader board messages to comply with the
Caltrans guidelines for signal duration and visual impact.
B. The digital display billboard will be limited to high definition digital
display media sources.
C. The following advertisements or messages are prohibited:
1 . Messages that stimulate or imitate in size, color, lettering, or
design of any traffic sign or signal, or which make use of the
words "Stop," "Look," "Danger," or any other words, phrases,
symbols, or characters in such a manner as to interfere with,
mislead, or confuse traffic.
2. Messages and/or advertisements that are audible or emitting
sounds.
D. The digital display billboard shall comply with all applicable laws
regarding brightness.
E. The display of still images or messages shall be programmed to
display for minimum eight (8) seconds and transition screens will
display for maximum one (1) second.
F. The operation, maintenance, repair, etc., of the digital display
billboard shall comply with all applicable laws and guidelines
including, but not limited to, the Highway Beautification Act, State
of California Business and Professions Code regarding
Advertisers, the Outdoor Advertising Act, and the Landscape
Corridor restrictions as imposed by Caltrans.
DocuSign Envelope ID: B4E34556-D871-4E50-96DE-C64568116915
Exhibit B
Resolution No. 4403
Page 3
(1) 2.3 All other sections of the Tustin Auto Center Master Sign Program remain
unchanged and in effect.
*** 2.4 The property owner and/or billboard operator shall obtain and maintain
approval from California Department of Transportation (Caltrans) for
outdoor advertising displays visible from California highways and any
other applicable Caltrans regulations. The applicant shall provide a copy
of said Caltrans approval to the City upon request.
*** 2.5 The CUP approval for the freeway adjacent digital display billboard and
associated off-site advertisements shall remain valid while DA-2020-0001
remains in effect. The approval for CUP-2020-0006 shall expire upon the
expiration of DA-2020-0001 , and the freeway adjacent digital display
billboard shall cease display of off-site advertisements.
FEES
(1) 3.1 Within forty-eight (48) hours of final approval of the project, the applicant
shall deliver to the Community Development Department, a CASHIER'S
CHECK payable to the County Clerk in the amount of fifty dollars ($50.00)
to enable the City to file the appropriate environmental documentation for
the project. If within such forty-eight (48) hour period that applicant has
not delivered to the Community Development Department the above-noted
check, the statute of limitations for any interested party to challenge the
environmental determination under the provisions of the California
Environmental Quality Act could be significantly lengthened.