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HomeMy WebLinkAboutPC RES 4403 DocuSign Envelope ID: 1A9CD61313-0E23-46139-A1 B8-AB2A3DA07453 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 DocuSign Envelope ID: 1A9CD61313-0E23-46139-A1 B8-AB2A3DA07453 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. hat: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. DocuSign Envelope ID: 1A9CD61313-0E23-46139-A1 B8-AB2A3DA07453 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. 05/13/20 20 AMY MASON Chairperson � � w ^ 05/13/20 20 for ELIZABETH A. BINSACK Planning Commission Secretary DocuSign Envelope ID: 1A9CD61313-0E23-46139-A1 B8-AB2A3DA07453 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 11th day of May, 2020. PLANNING COMMISSIONER AYES: Chu, Gallagher, Jha, Kozak, Mason PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Ou kAw. 05/13/20 20 for ELIZABETH A. BINSACK Planning Commission Secretary DocuSign Envelope ID: 1A9CD61313-0E23-46139-A1 B8-AB2A3DA07453 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 DocuSign Envelope ID: 1A9CD61313-0E23-46139-A1 B8-AB2A3DA07453 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. rohibited: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: 1A9CD6BB-OE23-4689-A1 B8-AB2A3DA07453 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.