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HomeMy WebLinkAbout13 CUP 2020-0006 TUSTIN AUTO CTR DIGITAL DISPLAY BILLBOARD DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 13 Agenda Item Reviewed: AGENDA REPORT City Manager 5W Finance Director N/A MEETING DATE: JUNE 2, 2020 TO: MATTHEW S. WEST, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TUSTIN AUTO CENTER DIGITAL DISPLAY BILLBOARD CONDITIONAL USE PERMIT 2020-0006 AND DEVELOPMENT AGREEMENT 2020-0001 SUMMARY: The project is a request to amend the Conditions of Approval for an existing freeway adjacent digital display billboard at the Tustin Auto Center by allowing off-premises advertisements. CUP 2011-06, approved in 2011, authorizes the existing freeway adjacent digital billboard for the Tustin Auto Center and includes a condition that only on- premises advertisements that are related to the Tustin Auto Center can be displayed. With the adoption of Ordinance No. 1505, the applicant is requesting an amendment to allow for off-premises advertisements on the existing freeway adjacent digital display billboard. The proposal does not involve any physical modifications to the existing freeway adjacent digital display billboard. On May 11, 2020, the Planning Commission adopted Resolution No. 4403 recommending that the City Council approve the subject project. PROPERTY OWNER AND APPLICANT: Tustin Auto Center Merchants Association - Attn: John Patterson C/O Powerstone Property Management 9060 Irvine Center Drive Irvine, CA 92618 RECOMMENDATIONS: 1. Adopt Resolution No. 20-26 approving Conditional Use Permit (CUP) 2020-0006 amending the conditions of approval for an existing freeway billboard at the Tustin Auto Center by allowing off-premises advertisements subject to the terms and conditions of Development Agreement (DA) 2020-0001. 2. Introduce and have the first reading by title only of Ordinance No. 1507 for DA 2020-0001 to establish the terms of the DA, public benefits, and annual performance review in conjunction with CUP 2020-0006, and set the second reading of the ordinance for the next City Council meeting. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 2 FISCAL IMPACT: The applicant has paid the required application fees for the proposed project. CORRELATION TO THE STRATEGIC PLAN: The proposed project furthers the objectives of the following Strategic Plan goals: • Goal A— Economic and Neighborhood Development #5: Strengthen and facilitate business relationships for economic development purposes. • Goal C — Financial Strength #4: Explore opportunities for new or increased revenues and diversity revenue sources beyond sales and property taxes. • Goal D — Strong Community and Regional Relationships o #1 a: Develop and implement creative ways to communicate with all residents in our increasingly diverse community. o #4b: Leverage all forms of media outlets to elevate the City's profile. 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 AND DISCUSSION: 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 Tustin Auto Center 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 Tustin Auto Center. No off- premises advertisements were allowed. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 3 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 ORA (on-premises advertisements only and they must JCH TUSTIN ACURA be related to the Tustin 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-premises ILIv advertisements. On February 4, 2020, the City Council held the second reading and adopted a Ordinance No. 1505. The Ordinance became effective on March 5, 2020. `� w I On May 11, 2020, the Planning Commission adopted Resolution No. 4403 recommending that the City Council approve the subject project. 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 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. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 4 � Y Digital Display !! '� Billboard \\ 4 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. Project Summary The applicant is requesting to use the provision under the newly adopted Ordinance No. 1505 to allow for off-premises advertisements on their existing Tustin Auto Center digital display sign approved in 2003. The proposed project would not involve physical modifications to the existing sign and would simply require updating the digital display programming to include off-premises 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 I-5 Freeway. It was designed and constructed to increase the Tustin Auto Center's visibility from the freeway, promote auto sales and service activities. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 5 AMA r -a l - 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 1-5 Freeway motorists. Sign Code Compliance The digital display sign complies with the City's standards for freeway adjacent digital display billboards as follows- City Requirement IL Proposed .. • Commercial Zone T 0 Commercial zone' • Within 400'of Interstate 5 • Within 60'of freeway' freeway Distance fio�m Minimum 300' 1,665' from residential community Y residential (Rancho Alisal Apartments)' • Max. 55' between freeway 35' between freeway pavement and Y pavement level and bottom of bottom of display' display board • 25height, 60'width • 21' 11" height,27'9"width' Y • Max. 1,500 square feet • 616 square feet sign area' sign area Double faced, covered backs, Double faced with backs and facings Y covered facings. covered' Orientation Primarily viewed from Complies; Display is perpendicular Y Interstate 5 to the freeway and primarily visible to both north and southbound lanes.' DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 6 Comply with all applicable Designed and programmed to meet Y laws regarding brightness. applicable laws. Utilizes light mitigation technology such as automatic gradual dimming, horizontal and vertical cutoff angles, ,oil louvered diodes and black ribbed backing for light refraction.' Z Display Cycle 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 Operation, maintenance, repair, etc. Y with laws when laws shall comply with applicable Iaws.2 operating, Highway Beautification maintaining, Act repairing, Outdoor Advertising Act PublicDevelopment Agreement DA includes advertisement display Y confers a substantial public of City sponsored events on the benefit to the City and general billboard and financial contribution public. from the Tustin Auto Center Merchants Association for City programs. ' Existing Condition, 2 Condition of Approval 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 a r/infnrrm�a}i n cigR (reader hued) 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 Qo_._or idontm.fin;tion/inform;tion cigR 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 Ga' y Caltrans guidelines for signal duration and visual impact. B. The digital display billboard will be limited to high definition digital display media sources. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 7 � eE;E;-agec; will be Ii.m.ito Ttnigc7vrrvf tl-li Fty(3nvv) vn.`�.ec�'c'r ii�o�r GD. Use of the as aryl arl�ie�Tr in Ter•Iii im �niill ho IilmmtQ�d 4G Teef=s et#e Aute SctQr 4s;s;Ar_O;;tOAAThe following advertisements or messages are prohibited: IRnllflnal meccagec iRdina�g theoc mo an�POGWre of an =�rrcrcai-�-rr�..rracfca�rra-rccr c� m-r� �vr-aTT mr1i iir•Iarv-ra'�'arseekiRg-eteGtO i o 'ng fe nihlin elfiieci�vrTet{{ '1 ereA 1 m nr a . A-na�g�T'crciZ�Zj,- -— ttQn°� v'v i;c reiaAc�c ate the nnlifiGal VieW6 ininncC .t­. S 1;4phnr gr Similar nenfrgver.;Q.S; � 5.44_916vageG relatiRg tG FeligiGUsGhaFial nPin0946' iienic nnliniec Pr heliefc 0 0 • APbAtOs;,Qmenfc; of h,ic;inec;c;ASPFGer�� E)F s ihieGts net 0 0 0 relafer•1 fn Ti icfin 4,ifn (`enter • 54,Qs;aageE;E)F c truerr�er} �thAt ArQ Ahs;r_tQ ne Ar of An nhSneee nAt,we Pr "Ad,-it nnntenf " • 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. • Messages and/or advertisements that are audible or emitting sounds. • 5.44_9966ageG Will meted-tGthe d1 playGf deallercr�-,)F cceTrncF comic c aF a neeiu� i 5 r1 i ry itim e sn�e� n i3arreer'r��vCt FtE; (w i i i f ..A. iiG-At'.G.A. "16—Alt-9 nr deli ie Prising'\ the acrdvcttYJ ec-rmrrec rnr�A 0 dealerships in general and hp,ws; nr eperafinn 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. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 8 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-premises 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. 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. Planning Commission Action The Planning Commission, during a public meeting for the project, discussed the Tustin Auto Center advertisement guidelines restricting advertisements with adult content, marijuana products or services, cigarettes, or vaping. The Planning Commission also DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 9 requested clarification about the annual review requirement stipulated in the DA. Following the discussion, the Planning Commission adopted Resolution No. 4403 recommending the City Council to approve the proposed project. 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 CUP 2020-0006 and DA 2020-0001 for the proposed freeway adjacent digital display billboard, the City Council 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; and that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve the CUP request may be supported by the following findings- 1. indings: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-premises 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 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 10 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. indings: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 (Freeway Adjacent Digital Display Billboards) and provides public benefits to the City in the form of increased visibility of City-sponsored events and financial contributions. Accordingly, staff is recommending that the City Council adopt Resolution No. 20-26 approving CUP 2020-0006 to allow for off-premises advertisement and introduce and have the first reading by title only of Ordinance No. 1507 for DA 2020-0001 to establish the terms, public benefits, and annual performance review in conjunction with DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 City Council Report CUP 2020-0006 & DA 2020-0001 June 2, 2020 Page 11 the proposed sign amendment, and set the second reading of the ordinance for the next City Council meeting. fjt�VjtL CIltff V' 05/19/20 20 05/19/20 20 Edmelynne V. Hutter Elizabeth A. Binsack Senior Planner Director of Community Development 3 -d- 05/19/20 20 Justina L. Willkom Assistant Director - Planning Attachments: A. Location Map B. Submitted Plans C. Draft May 11, 2020, Planning Commission Minutes D. Planning Commission Resolution No. 4403 E. Resolution No. 20-26 • Exhibit A: Conditions of Approval F. Ordinance No. 1507 • Exhibit A— DA-2020-0001, Attachments 1 & 2 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 ATTACHMENT A LOCATION MAP DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 LOCATION MAP CUP-2020-0006 & DA-2020-0001: DIGITAL BILLBOARD APN: 500-181-08 Fe --- 1,000' q f rib _ O _ 500' — 300'� d2 N I' V "II T PROJECT SITE W.11 iL x DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 ATTACHMENT B SUBMITTED PLANS DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 I i t u DEP'! NEW CAMRY 2005 onf 1 I M CfTY 0P TUSTIN eu:LDING DIVISION i e't!fplans&specifications must be the job at all timss and it is r 'o make any changes or aiiet<yons on Sante without written E pernssion from the Building Division,City n;�:.rstin The stamping of this plan& Specific ation3 i•'d 7p'1 l-NOT be held to Permit or be an apprinral of the violation of any provisions of ANY City Ordinance, k State or Federal Law, APPROVED DATE x c ELEVATION DOUBLE FACE IDENTIFICATION AND ELECTRONIC DISPLAY' �® JOB:TUSTIN AUTO CENTER-CALIFORNIA h��C�'RA—M EUA INC_ TITTLE: NEW FULL COLOR ELECTRONIC LED DISPLAY LAWNDALE-CA.90260-PHONE 310-725-08te-FAX 310-7 2508 7 7 DATE: 11/10/04 1 REV: DESIGN# EMI-C-19903 SCALE: 3/16"=1'-0" DocuSgn E.-I.eID.017D 5D-E48F-0BCA-0 MCECD4088EE04 Eit1SfINl1 ��{�N w..�...n wwn.. . xxx.x ..r n I � s,.0 ..• x.u..w .sows � !�X/��id City of Tus tIn �� — - _ Ptan Review ; Pln9 INi Eng. Dete: emme�l -- INL. _ _ ire Date: .T:omnrer�te LEGEND TO SYMBOLS AND ABBREVIATIONS o VA— �n__� ..-I — xisna uxvw ancon Bldg. Date; Comi,e;l.z .,— wx -INL: e1woao e,.x=xxx. n n n.x r c==� Don9ui',DW.: Cr.,.c.>: wmnmuw unrzn xnnsx xunnu INL: ro.e coxr un.ex _ ___.' n.nsm xes.xn eexxem non xcxa.wwu r n c r„a xx_n:r.nxn c.nxr xxuxox mmxe nes ro nxxs.erwwa rex sxxo xx,xaxax xiuvx ei wxn DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 r 27'-6" 22'-fi" I C-y �Xl�i tN( 21'-0" 65'-0" nA _ 1ST ING, q 15'-0.. T k.XISTiN,T I ! wig I I I ' II L I ( I IIS o f i ELEVATION DOUBLE FACE IDENTIFICATION AND ELECTRONIC DISPLAY AECNVOW, JOB:TUSTIN AUTO CENTER-CALIFORNIA ELECTRA—ME��A iAIC_ TITTLE: NEW FULL COLOR ELECTRONIC LED DISPLAY LAWNDALE-CA.90260-PHONE 310-725-0818-PAX 310-725-0817 DATE: 11/10/04 REV: DESIGN# EMI-C-19903 SCALE: 3/16"=1'-0" DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 ,. 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 Code Section 5200 et sec.), 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 sec.), 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 pa rce Is. 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 ATTACHMENT C DRAFT MAY 11 , 2020 PLANNING COMMISSION MEETING MINUTES DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 MINUTES VIDEO CONFERENCING REGULAR MEETING TUSTIN PLANNING COMMISSION MAY 11, 2020 Mason "During the Statewide COVID-19 Emergency, thepublic is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows.": Mason To watch the meeting, the public may observe the meeting via the City's Granicus service at https://www.tustinca.org/282/Meetings-Agendas or on local Cox Channel 851. Mason To comment on one or more items, you may send your comments to Plan ningCommission(a-)-tustinca.org or by accessing the City's "SpeakUp" comment system (via the City's website). Mason INVOCATION GIVEN. 6:05 p.m. CALLED TO ORDER None. PUBLIC CONCERNS All present ROLL CALL: Chu, Gallagher, Jha, Kozak, Mason Approved the CONSENT CALENDAR: Consent Calendar. It was moved by Kozak and seconded by Chu, to approve the Consent Calendar, as presented. Motion carried 5-0. 1. APPROVAL OF MINUTES — FEBRUARY 25, 2020 RECOMMENDATION: That the Planning Commission approve the Minutes of the February 25, 2020 Planning Commission meeting, as provided. 2. GENERAL PLAN CONFORMITY DETERMINATION APPLICANT/ PROPERTY OWNER: City of Tustin 300 Centennial Way Tustin, CA 92780 LOCATION: 11-acre parcel adjacent to State Route 55, North of Valencia Avenue Planning Commission Minutes for May 11, 2020—Page 1 of 6 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 ENVIRONMENTAL: General Plan Conformity Determinations required by Government Code Section 65402 are not "projects" requiring environmental review pursuant to the California Environmental Quality Act. REQUEST: General Plan Conformity finding for conveyance of a portion of vacant land located adjacent to State Route 55, north of Valencia Avenue. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4404, determining that the sale of a 2,850 square-foot fee area located at the southwest corner of the vacant parcel located adjacent to State Route 55; north of Valencia Avenue owned by the City of Tustin to the Orange County Transportation Authority, is in conformance with the Tustin General Plan. 6A2 p.m. PUBLIC HEARING: Adopted 3. DESIGN REVIEW (DR) 2020-0001 AND CONDITIONAL USE PERMIT Reso. No. (CUP) 2020-0002 FOR THE DEVELOPMENT OF A TWO-STORY 50,000 4402, as SQUARE FOOT MEDICAL BUILDING WITHIN PORTIONS OF amended. PLANNING AREA 1 OF NEIGHBORHOOD A OF THE TUSTIN LEGACY SPECIFIC PLAN (SUBAREAS 1-KAND 1-H) APPLICANT: Fred Alaghband ACS Development Group, Inc. 4701 Von Karman Avenue, Suite 100 Newport Beach, CA 92660 PROPERTY OWNER: Ann-Marie Gabel South Orange County Community College District 28000 Marguerite Parkway Mission Viejo, CA 92692 CONSULTANT: Gisele Walter Architects of Orange 144 North Orange Street Orange, CA 92866 LOCATION: Northeast corner of Red Hill Avenue and Victory Road — portions of Planning Area 1 of Neighborhood A, Tustin Legacy Specific Plan (Subareas PA 1-K and 1-H). Planning Commission Minutes for May 11, 2020—Page 2 of 6 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 ENVIRONMENTAL: On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 0643 approving an addendum to the FEIS/EIR and, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second supplement to the FEIS/EIR. The FEIS/EIR, along with its addendums and supplement, is a Program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addendums and supplement are considered the potential environmental impacts associated with development on the former Marine Corps Air Station (MCAS), Tustin. An Environmental Checklist has been prepared for the project and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. REQUESTS: 1. DR 2020-0001 for the design and site layout for the construction of a two-story 50,000 square foot medical building with 270 parking spaces. 2. CUP 2020-0002 for joint-use parking between the medical building and the Advanced Technology and Education Park (ATEP). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4402, approving DR 2020-0001 for the design and site layout for the construction of a two-story, 50,000 square foot medical building with 270 parking facilities and CUP 2020-0002 for joint-use parking between the medical building and the ATEP. Demkowicz Presentation given. The resolution has been revised and now includes the South Orange County Community College District's and City CEQA document (Exhibit A). Commissioner Chu had comments on the project's site design and layout and the responses have been incorporated into the PowerPoint presentation and made part of the public record. Planning Commission Minutes for May 11, 2020—Page 3 of 6 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 Kozak Kozak commented on the joint-use parking between the medical building and ATEP campus being very important. There was no public input on this item. Motion: It was moved by Chu, seconded by Gallagher, to adopt Resolution No. 4402, as amended. Motion carried 5-0. Adopted 4. CONDITIONAL USE PERMIT (CUP) 2020-0006 AND DEVELOPMENT Reso. No. AGREEMENT (DA) 2020-0001 4403. PROPERTY OWNER/ AND APPLICANT: Tustin Auto Center Merchants Association 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). ENVIRONMENTAL: 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 CUP 2020-0006 and 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. Hutter Presentation given. Kozak Kozak commented on the off-site advertisement including City sponsored events and the Parks and Recreation's annual contribution being an "added plus in terms of the Conditions of Approval". Planning Commission Minutes for May 11, 2020—Page 4 of 6 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 Mason Mason asked what staff would be reviewing annually (i.e. reports or issues or complete review of what is advertised and the exchange). Daudt In response to Mason's previous question, Daudt stated that the intent of the annual review in part to allow the City Manager, or his designee, to review the developer's compliance with the Conditions Imposed and to evaluate the amount of advertisement (i.e. City events, etc.) put on the display board as required by the development agreement as well as an opportunity to determine whether the City feels an upward adjustment to the annual contribution is warranted. He added that the contract also specifies, not withstanding this review, if there is a desire to reduce any of the public benefits, which is not within the City Manager's purview, that would require a return to the City Council. The City Manager, however, is authorized following the annual review to approve at the administrative level increases to air time or fees on the display board. DiLeva There was not any public input on this item. Chu Chu thanked the applicant for being a sponsor for City events, and helping the City do different activities. Gallagher Gallagher voiced his initial concerns with the off-site advertising; however, the resolution now addresses those concerns (i.e. the applicant's advertisement guidelines and the City's ability to end the Development Agreement at the end of the term in the event the project does not comply with the guidelines). He concurred with Kozak's previous comment on the public benefit of the City's events being advertised. Jha Jha echoed his fellow Commissioners comments that the advertisement would be an added benefit for the City's Parks and Recreation events. Kozak Kozak also echoed his fellow Commissioners comments in that it would be a positive benefit to the local community on getting the word out on local events, as well as the annual review of the agreement. Motion: It was moved by Chu, seconded by Gallagher, to adopt Resolution No. 4403. Motion carried 5-0. None REGULAR BUSINESS: None. STAFF CONCERNS: Willkom Willkom informed the Commission that the May 25, 2020 meeting is cancelled (Memorial Day Holiday) and the next regular meeting will be held in June. COMMISSION CONCERNS: Chu Chu thanked staff for assisting with the Zoom virtual meeting process. Planning Commission Minutes for May 11, 2020—Page 5 of 6 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 Gallagher Gallagher thanked staff and colleagues for the "smooth" Zoom meeting process. Jha Jha stated "stay safe and healthy everyone". Kozak Kozak thanked staff for putting the Zoom virtual meeting together. He attended the following events: • 2/29/2020: Old Town Sip N' Stroll • 3/25/2020: California Preservation Foundation (CPF)webinar Kozak asked if the 3/12 Historic Preservation Survey workshop would be rescheduled. He asked if video arrangements would be made regarding the May 18-20 CPF Conference. Kozak congratulated Mason for running the first Zoom virtual meeting! He also wished everyone good health! Willkom Per Willkom, the survey workshop will be rescheduled at a later date. The Commission will be notified once a new date is selected. The CPF video conferencing will be shared by staff once available. Mason Mason made favorable comments to staff and the City of Tustin during this unprecedented time. 6:44 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Monday, May 25, 2020 (Memorial Day), which will be cancelled as it is a recognized City holiday. We will adjourn this regular meeting to June 8, 2020. Planning Commission Minutes for May 11, 2020—Page 6 of 6 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 4403 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 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. 11. 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 1 Chairperson 05/13/20 20 for ELIZABETH A. BINSACK Planning Commission Secretary DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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: w 05/13/20 20 for ELIZABETH A. BINSACK Planning Commission Secretary DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 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. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 ATTACHMENT E RESOLUTION NO. 20-26 • EXHIBIT A: CONDITIONS OF APPROVAL DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 RESOLUTION NO. 20-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2020-0006 AMENDING THE CONDITIONS OF APPROVAL FOR AN EXISTING FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT THE TUSTIN AUTO CENTER BY ALLOWING OFF-PREMISES ADVERTISEMENTS. The City Council of the City of Tustin does hereby resolve as follows: I. 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 ofapproval for an existing freeway adjacent digital display billboard at the Tustin Auto Center by allowing off-premises advertisements. B. That the development application includes the requests to approve 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-premises advertisements. C. 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. 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 approve CUP-2020-0006 and the associated Development Agreement (DA) 2020- 0001. E. That a public hearing was duly called, noticed, and held on said application on June 2, 2020, by the City Council. 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 in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 Resolution No. 20-26 Page 2 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-premises 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 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 City Council hereby approves CUP-2020-0006, subject to the conditions attached hereto as Exhibit A. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 Resolution No. 20-26 Page 3 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of June, 2020. DR. ALLAN BERNSTEIN MAYOR ATTEST: ERICA N. YASUDA CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 20-26 I, ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 20-26 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of June, 2020, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA CITY CLERK DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 EXHIBIT A RESOLUTION NO. 20-26 CONDITIONS OF APPROVAL TUSTIN AUTO CENTER FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD CONDITIONAL USE PERMIT 2020-0006 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 Exhibit A Resolution No. 20-26 Page 2 USE RESTRICTIONS FOR FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD *** 2.1 The approval is to allow off-premises 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 Exhibit A Resolution No. 20-26 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-premises 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-premises 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. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 ATTACHMENT F ORDINANCE NO. 1507 • EXHIBIT A: DA 2020-0001, ATTACHMENTS 1 & 2 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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-premises 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 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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. DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 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:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 1 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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. L 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 parry 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 2 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 31St, 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, 3 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 28th 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 31St 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 4 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 5 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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. 6 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 party'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. 7 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 party 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 8 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 9 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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. [SIGNATURES ON NEXT PAGE] 10 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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: 11 1481099.4 DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 DA-2020-0001: Attachment 1— Elevation and Site Plan iI 2Z4r I � ' 4rr © k1STI NCI '�1kIN ��JJ !!JJ LLJJ W-�)- 1FY,1jr1Nrz4 SIGN srr- rye•-V lr _ �}cISTING, f J C I �%ISTIW(y SiG,N 1 ELEVATION DOUBLE FACE IDENTIFICATION AND ELECTRONIC DISPLAY TU5l1N AUTO CENTER-CALIFORNIA _ELECTRA_IY�Ep�A SNC_ TIl'ttE: NEW FULL COLAR ELECTRONIC LED DISPLAY uwr.uaa-cr armo_r,o eaio-� :;e.rau9,w��.�,, rWE: 1101a04 REV_ DESIGN 6 EMI�,JVQW sc+ue sne--t'-W DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 S; � gel � E I I 6j I � I i _I w i Iia _I f: � �II y 1 i �, DocuSign Envelope ID:017DC25D-E48F-4BC4-930A-CECD4686EE94 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 VJELLS, 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 1VHICH 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