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RESOLUTION NO. 3076
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, DEFERRING CODE ENFORCEMENT
ON A SIGN ABANDONMENT AT 13922 RED HILL AVENUE
The Planning Commission of the City of Tustin does hereby find
and determine as follows:
ae
That in September of 1990, all structures at 13922
Red Hill were demolished as a result of the I-5
widening project, except a two-pole non-conforming
sign structure was not removed; and
B®
That since that time, the Community Development
Department sent numerous code enforcement letters
to the property owner stating that the structure
was abandoned and therefore should be removed or
re-used immediately; and
Ce
That on October 21, 1991, the City Council adopted
a new sign code which provides an owner the
opportunity to submit evidence to the Planning
Commission which would show that a sign had not
been abandoned; and
De
That on August 10, 1992, the Planning Commission
did meet and received that evidence along with a
written and oral report from the Community
Development Department and testimony ~rom the
owners legal counsel and representatives. Further,
the Planning Commission was requested to determine
whether the sign structure had been abandoned
pursuant to Section 9442 of the Tustin City Code;
and
E®
That at that meeting, the Assistant City Attorney
did advise the Planning Commission that they could,
if desired, instruct staff to defer code
enforcement and postpone final determination of
abandonment pending the owner's completion of
tenant negotiations and soil remediation for the
site; and
Now, therefore, the Planning Commission of the City of Tustin
does hereby resolve that staff be instructed to defer code
enforcement of the subject sign until August 9, 1993, unless
the violation is removed or otherwise made to conform to all
sections of the Tustin City Code prior to that date, subject
to the following conditions:
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Resolution No. 3076
Page 2
·
A notification statement, approved as to content
and form by the Community Development Director and
City Attorney's office, shall be prepared, signed,
notarized and recorded against the property to
notify all prospective buyers, lessees or tenants
on the subject site that the site's existing sign
structure is a non-conforming sign requiring
Conditional Use Permit approval, design review
approval and that significant alteration,
modification or removal of said sign structure may
be required at the discretion of the City of
Tustin, prior to its reuse. Property owner shall
provide to staff a draft of said statement within
15 days of this Resolution. Within five (5) days
of staff's final approval of the statement, the
property owner shall record the document with the
County Recorder and shall provide a copy of the
recorded statement to the City within five (5) days
of recordation.
·
Failure to comply with Condition No. 1 will result
in the Planning Commission's decision (to defer
enforcement and determination of abandonment) to
become null and void and said sign shall be
immediately presumed abandoned. The applicant
shall have all remedies available pursuant to the
Tustin Sign Code prior to staff pursuing formal
abatement of the violation.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
~ommission, held on the 24th day of August, 1992.
K~THLEEN-'CLANCY
Secretary
Chairman ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3076 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 24th day of August, 1992.
K~TH~.EE~-CLANCY /~
Recording Secretary ~