HomeMy WebLinkAboutCC RES 20-26DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
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:
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
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:
Resolution 20-26
Page 1 of 3
DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
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.
The City Council hereby approves CUP -2020-0006, subject to the conditions
attached hereto as Exhibit A.
Resolution 20-26
Page 2 of 3
DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
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:
fV (& geust4a
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: Bernstein, Clark, Puckett, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
fV'i(& gees 4a
ERICA N. YASUDA,
City Clerk
Resolution 20-26
Page 3 of 3
DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
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)
(2) CEQA MITIGATION (6)
(3) UNIFORM BUILDING CODE/S (7)
(4) DESIGN REVIEW ***
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
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 1-5 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
Resolution Exhibit 20-26
Page 2 of 3
DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
Corridor restrictions as imposed by Caltrans.
(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.
Resolution Exhibit 20-26
Page 3 of 3
DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
RESOLUTION NO. 20-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR
THE FY 2018-19 ROADWAY REHABILITATION AND SIDEWALK REPAIR
PROJECT (CIP NO. 70018)
WHEREAS, Onyx Paving Company, Inc., having a contract with the City of
Tustin to construct the hereinafter described public works and improvement; and
WHEREAS, the City Engineer has duly certified to the construction and
completion of said public improvement hereinafter mentioned in a manner satisfactory
to the City Council of the City of Tustin; and
WHEREAS, the City Council finds that said contractor has completed said public
improvement hereinafter more particularly described in accordance with the provisions
of the contract documents and the Notice of Completion, and acceptance of said public
works and improvement should be filed and payment of the balance due said contract
authorized in accordance with the contract documents;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin
that said public works and improvement is found to be complete, and the same is
hereby accepted. Said public works and improvement is more particularly described as
follows:
FY 2018-19 Roadway Rehabilitation and Sidewalk Repair Project (CIP NO. 70018)
BE IT FURTHER RESOLVED that the City Engineer of the City of Tustin is
hereby authorized to execute and file a Notice of Completion for the acceptance of said
public works and improvement described herein as required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of June 2020.
DR. ALLAN BERNSTEIN,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
Resolution 20-32
Page 1 of 2
DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council is five; that the above and foregoing Resolution No. 20-32 was duly and
regularly passed and adopted at a regular meeting of the City Council held on the 2nd
day of June, 2020 by the following vote:
COUNCILMEMBER AYES: Bernstein, Clark, Puckett, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
fV (& geust4a
ERICA N. YASUDA,
City Clerk
Resolution 20-32
Page 2 of 2