Loading...
HomeMy WebLinkAboutPH 5 APPEAL SIGN PERMT 01-03-94PUBI.[C HI~A~ING .NO. 5 !-~-~ DATE: JANUARY 3, 1994 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF SIGN PERMIT, BILLBOARD SIGN AT 1782 NISSON ROAD (3M NATIONAL) RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 94-13 upholding the decision of the Building Board of Appeals determination, that 3M National Advertising (3M) is in violation of City Code Section 9403(a) for failure to obtain a sign permit for the billboard sign constructed at 1782.Nisson Road. BACKGROUND: On October 25, 1993, the Building Board of Appeals conducted a public hearing to consider an appeal filed by 3M of the Building Official's Notice and Order dated August 16, 1993 related to the construction, by 3M, of a billboard sign located at 1782 Nisson ' Road. However, there were no representatives of 3M present at the Building Board of Appeals' hearing of October 25, 1993. At the October 25, 1993 appeal hearing, the Building Board of Appeals adopted Resolution No. 93-1 determining that the subject sign had been erected and/or modified in violation of Tustin City Code Sections 9403(a), 9404al(k) and 9405(e) and Uniform Administrative Code Section 301(a) (Attachment A). City Code~Section 9403(a) establishes the requirements for sign permits. City Code Section 9404(a) establishes the types of signs which are prohibited and City Code Section 9405(e) identifies regulations for nonconforming signs (Attachment B)' The appellant has filed an appeal of the Building Board of Appeals' action related to City Code Section 9403(a) for failing to obtain a sign permit, Section 9404al(k) related to prohibited signs and Section 9405(e) related to nonconforming signs. City Council Report Appeal of Sign Permit (3M National) 3anuary 3, 1994 Page 2 Based upon advice provided by the City Attorney's Office, the City Council is only being asked to determine whether violations of City Code Sections 9403(a), 9404al(k) and 9405(e) have occurred related to the requirement to obtain a sign permit prior to the erection and/or modification of the subject billboard, and related to prohibited and nonconforming signs. The Building Board of Appeals has final authority on all other violations of the City Code and Uniform Administrative Code in this matter and are not subject to appeal to the City Council. Please refer to the attached Building Board of Appeals report dated October 25, 1993 for additional discussion and details related to other code violations, as well as the letter to 3M with resolution dates (Attachment C). DISCUSSION City Code Section 9403(a) indicates that a sign permit shall be applied for and received from the Community Development Department prior to painting, erecting, constructing, altering, rebuilding, replacing or moving any sign. On August 5, 1993, .the Community Development Department was notified of sign~constrUction underway at 1782 Nisson Road. At 11:15 a.m., Building Inspector, Robin Mundy was sent to the location to issue a stop work order and to notify the workmen that the work they were performing was in violation of the Tustin City Code and required building, electrical and sign permits~from the City, The crew stopped working at that time and the inspector returned to her other duties. Later that afternoon, the Community Development Department received a second phone call stating that the sign crew was working again. At 4:00 p.m., Building Official, Rick Brown and Senior Planner, Dan Fox went to the sign location on Nisson Road to issue a second stop work notice. Upon arrival at. the site, the sign crew had completed their work and were preparing to leave. The stop work notice and applicable City of Tustin Codes and permit requirements were discussed with the sign crew. The workmen indicated that their supervisor, Ed Neal, had worked things out with the City and that he had directed them to finish the job. The crew was informed by Rick Brown, Building Official, and Dan Fox, Senior Planner, that no approval was granted by the City and that a second stop work order was issued. After the discussion, the sign crew left the location but the work had been completed. City Council Report Appeal of Sign Permit (3M National) January 3, 1994 Page 3 On August 16, 1993, the Building Official issued a Notice and Order directed towards the property owner and the advertising company. The Notice a~d~'~rder noted violation of Uniform Administrative Code 301(a). Th~se sections of the code identify construction which requires a permit and also identifies construction that is exempt from permits. A summary of the applicability of each these code section follows: o U.A.C., Section 301(a) requires Permits to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure, building, or service equipment regulated by the code unless exempted in U.A.C., Section 301(b). No permit application was made to the City and no permit was issued by the City. o U.A.C., Section 301(b) does not exempt signs from permit requirements. Signs are classified as a Group M, Division 2 occupancy under the Uniform Building Code. The M-2 occupancy group includes structures which are not occupied and are not used for shelter. Examples of M-2 occupancies are fences, tanks, towers and signs. These above noted violations are not subject to this appeal hearing as previously indicated. The Notice and Order also noted violation of Tustin City Code Section 9403(a) as no sign permit was obtained, nor applied for, for the erecting, constructing, altering and rebuilding of the subject sign. As a result of the construction without a Sign Permit, additional violations to the City's Sign Code also occurred in that City Code Section 9404al(k)-prohibits off premise signs, including out door advertising structures and Section 9405(e) would prohibit the expansion, replacement and alteration of the nonconforming billboard as Previously existed on the subject property. The subject sign is a "billboard or outdoor advertising sign and/or structure", which is defined in City Code Section 9402 as a sign or structure of any kind or character erected and/or maintained for advertising a business, activity, service or product not sold or produced on the premises upon which the sign is placed. City Code Section 9404al(k) prohibits off premise signs, including outdoor advertising structures and billboards. Building Board of Appeals 1782 Nisson Road Page 4 Since billboards and outdoor advertising structures are prohibited by City Code Section 9404, the existing billboard, prior to altering and rebuilding, was considered nonconfOrming and remained in existence in accordance with City Code 9405(e), Nonconforming Signs. City Code Section 9405(e) indicates that a legally established nonconforming sign may remain and be maintained except that; i · A nonconforming sign shall not be changed to another nonconforming sign. · A nonconforming sign shall not be structurally altered so as to extend its useful life. A sign shall be considered to be structurally altered if the construction materials are physically replaced with new materials. The placement of face copy in a cabinet type sign does not constitute structural alteration. · A nonconforming sign shall not be expanded or altered so as to change the size, shape, positiOn, location or method of illumination of the sign. · A~ nonconforming sign shall not be re-established 'after discontinuance of the use for ninety (90) days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of ninety (90) days, it shall be presumed that such use has been abandoned. A use shall be presumed to be abandoned if the property or structures are vacant or if the occupants are no longer conducting business. A written notice of this determination will be sent or delivered to the sign owner. The owner shall have thirty (30) days to remove the sign or provide the Department of Community Development with evidence that the use has not been discontinued. The Planning Commission shall review all evidence and shall determine whether or not the sign is abandoned. All other provisions of the enforcement Section 9405(h) shall apply. · A nonconforming sign shall not be re-established after damage or destruction of more than fifty (50) percent of its replacement value, including destruction by an Act of God. Building Board of Appeals 1782 Nisson Road Page 5 If the Community DevelOPment Director determines that any of the above referenced activities have occurred, the sign shall be made to conform to all provisions of the Sign Code. Based upon the construction activity that took place without permits, conditions described in items 1, 2, and 3 above have occurred. Therefore, the sign would need to conform to all provisions of the Sign Code. However, since the Sign Code prohibits outdoor advertising structures and billboards, the subject sign must now be removed in order to comply with all provisions of the Sign Code. Based on provisions of City Code Section 9405(e) and action by the Building Board of Appeals, the owner was ordered by Notice and Order of the Building official, to apply for and obtain a 'demolition permit for the removal and disposal of the billboard sign~ supporting structure; foundation, and electrical system. ~The owner elected to appeal the Notice and Order to the Board of Appeals. The appeal hearing request was made by Mr. Gary Mobley of Case, Knowlson, Mobley, Burnett and Luber. Mr. Mobley is representing the property owner and National Advertising Company. In Mr. Mobley's letter dated September 10, 1993 and attached as Attachment D, Mr. Mobley requests City authorization for acceptance of "as-built" plans for the purpose of obtaining .building and electrical permits. As previously noted, the construction or alteration of a sign requires a sign permit from the City of Tustin, per Tustin City Code Section 9403(a). The Building Division may not issue a building or electrical permit for sign construction or alteration without an associated sign permit. Therefore, submission of "as- built" plans would not be accepted until such time as a valid sign permit is issued'. Although they indicated a willingness to submit "As Built" plans, no Sign Permits, nor any Building Permits, were ever applied for by 3M. In any event, .the size, shape, location, and compliance with all Sign Code and Building Code requirements of the sign would have to have been approved and a sign permit issued prior to issuance of building or electrical permits to construct or illuminate the sign. However, since City Code Section 9404al(k) prohibits off premise signs, including billboards and outdoor advertising structures, a Sign Permit could not be issued for the subject billboard. Building Board of Appeals 1782 Nisson Road Page 6 Mr. Mobley also challenges the jurisdiction of the City to regulate the billboard sign under Tustin City Code Section 9403(a). The City Attorney's office has been consulted regarding jurisdiction over this matter. Government Code Section 5229 (Outdoor Advertising Act) states that the Outdoor Advertising Act "shall not be construed to permit a person to place or maintain in existence on or adjacent to any street, road or highway, including any interstate or state highway, any outdoor advertising prohibited by law or by any ordinance of any city, county, or city and county. Government Code Section 5230 goes on to state that "the governing body of any city, county, or city and county may enact ordinances, including, but not limited to, land use or zoning ordinances, · imposing restrictions on advertising displays adjacent to .any street, road, or highway equal to or greater than'those improved by this chapter, if Section 5412 is complied with. No city, county or city and county may allow an advertising display to be placed or maintained in violation of this chapter." Based upon these provisions of the Outdoor Advertising Act, the City Sign Code would be applicable in this instance. The. City Attorney's office and the Community. Development Department have contacted Caltrans requesting information regarding any signed relocation agreements or other permits for'the sign in question~ Phone conversations with Caltrans staff members, Patricia Jones, of the Outdoor Advertising Section, and Linda Wilford, of the District 12 Right-of-Way Section, have indicated that no signed agreement or permit for the sign exist. The phone conversations were followed by a written request for either copies of any approvals or written acknowledgement that none exist. In response, Patricia Jones, of the Caltrans Outdoor Advertising Section, has provided a written response to the City stating that Caltrans had not entered into a Relocation Agreement and that the billboard was relocated in error and must be removed (Attachment E). Building Board of Appeals 1782 Nisson Road Page 7 CONCLUSION: Based upon the above discussion and the information contained in the applicable codes as attached to this report, a Sign Permit has not been obtained for the erection and/or modification to the subject billboard as required by City Code Section 9403(a) and could not be issued such a Sign Permit as City Code Section 9404al(k) prohibits off premise signs, including billboards and outdoor advertising structures. The alteration and replacement of the billboard also violated City Code Section 9405(e) related to the expansion of a nonconforming sign. It is therefore recommended that the City Council adopt Resolution No. 94-13 upholding the decision of the Building Board of Appeals to require removal of the subject sign as prescribed in Resolution No. 93-01 adopted October 25, 1993 by the Building Board of Appeals. Rick Brown Building Official Daniel Fox,'/AICP Senior -Planner Christine A. Assistant City ..Manager/ .Director - ..-of Community Development Attachments: DF:kbc\1782NISS.APP Attachment A - Building Board of Appeals Resc No. 93-01 B - City Code Sections 9403(a), 9404(a) and 9405(a) C - Building Board of Appeals Staff Report, October 25, 1993 D - Mr. Mobley's Letter, September 1©, 1993 E - Letter from Caltrans Resolution No. 94-13 1 2 3 4 5 6 7 8 9 10 11 12 '13 14 15 16 17 18 19 9.0 21 22 :23 24 25 26 27 28 RESOLUTION NO. 93-1 A RESOLUTION OF THE BUILDING BOARD OF APPEALS OF THE CITY OF TUSTIN, UPHOLDING THE DECISIONS OF THE BUILDING OFFICIAL CONTAINED IN THE NOTICE AND ORDER DATED AUGUST 16, 1993, REQUIRING THE REMOVAL OF A FREEWAY BILLBOARD SIGN LOCATED AT 1782 NISSON ROAD, TUSTIN, CALIFORNIA. The Building Board of Appeals of the City of Tustin does hereby resolve as follows: Ie The Building Board of Appeals hereby finds and determines as follows: ae That on August 5, 1993, Building Inspectors of the City of Tustin observed work crews erecting an outdoor advertising display (billboard) on the property located at 1782 Nisson Road (hereinafter the "subject sign") in the City of Tustin. Be That on August 5, 1993, the City issued two 'stop work orders to the crew installing the subject sign. Ce That the August 5, 1993, stOp work orders were valid, appropriate and proper. De That the Subject sign is owned by 3M National Advertising Company. Ee That on August 16, 1993, the Tustin Building Official issued and properly served a valid Notice and 'Order advising 3M National Advertising Company that the subject sign had been erected and or modified in violation of Tustin City Code Sections 9403(a), 9404al (k), and 9405(e) and Uniform Administrative Code Section 301(a), and ordering that demolition permits be obtained and the subject sign removed. ATTACHMENT A 5 6 7 8 9 10 -. '1.1 12 14 15 16 17 18 19 20 9.1 22 23 24 25 :27 25 Fe Ge Ie Je Ke That by letter dated September 10, 19~3, 3M National Advertising Company timely requested an appeal of the Building Official's Notice and Order with respect to Tustin City Code Section 9403(a) and Uniform Administrative Code Section 301(a). 3M National Advertising Company did not appeal the Building Official's determinations regarding Tustin City Code Sections 9404al (k) or 9405(e). That pursuant to such appeal, a public hearing before the Building Board of Appeal was duly noticed for 6:00 p.m. on September 25, 1993. That at 5:00 p.m. on September 25, 1993, a legal representative for 3M National Advertising Company faxed a letter to the City requesting that the scheduled hearing be continued to permit 3M National Advertising .Company an opportunity to negotiate with the California Department of Transportation ("Caltrans") regarding compensation for two signs previously maintained by 3M National Advertising Company on-site, and that 3M National Advertising Company was advised telephonically that City staff would not recommend a continuance. City Attorney.advised the legal representative for 3M National Advertising Company that it would be his recommendation that the appeal hearing be conducted and a representative from 3M National Advertising Company might, in any event, want to be present at the scheduled hearing. That the Building Board of Appeal rejected 3M National Advertising Company's request for a continuance, and duly called and held the hearing at the time and place noticed. That no representative of either 3M National Advertising Company or the underlying property owner appeared at the hearing of~the Building Board of Appeals. Tha5 witnesses were properly sworn and oral and documentary evidence duly presented to the Building Board of Appeals. 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 22 27 28 That 3M National Advertising Company did not obtain a permit for the subject sign as required by Tustin City Code Section 9403(a) and Uniform Administrative Code Section 301 (a), and is therefore in violation of said codes. Ne That 3M National Advertising Company. did not obtain a permit for the subject sign from Caltrans. Nor did 3M National Advertising Company enter into a signed and executed relocation agreement with Caltrans regarding the subject sign. Oe That the subject sign is an illegal nonconforming sign. Pe That the subject sign was erected without the benefit of any inspections by the City of Tustin, and the City therefore has no basis for determining the structural integrity of the subject sign. Qe That the subject Sign was erected, and has subsequently been maintained, in violation of Tustin City Code Section 9404al (k), which prohibits off-site advertising displays and billboards. II. Based upon the above findings, and upon the oral and documentary evidence submitted at its September 25, 1993 hearing, the Building Board of Appeals hereby upholds the decision of the Buildin9 Official as set forth in the August 16, 1993 Notice and Order of the Building Official. 3M National Advertising Company is hereby ordered to obtain a demolition permit fo~ the removal of the subject sign within 15 days, or by the close or business on Wednesday, November 10, 1993, and to remove the subject.~.sign within an additional 15 days thereafter~ or by .the close of business on Wednesday, November 24, 1993. The Building Official is directed to provide notice of this decision to 3M National Advertising Company. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 28 In the event of non-compliance with the Notice and Order by 3M National Advertising Company, the Building Board of Appeals has requested that the City Attorney pursue all civil and criminal remedies to force compliance with this Notice and Order. PASSED AND ADOPTED at a special meeting of the~Tustin Board of Appeals, held on the 25th day of October, 1993. Chairperson KATHLEEN CLANCY Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Ka~hleen'Clancy, the undersigned, hereby certify that I am the Recording Secretary of the Building Board of Appeals of the City of Tustin, California; that Resolution 93-1 was duly passed and adopted at a special meeting of the Tustin Building Board of Appeals, held on the 25th day of October, 1993. KATHLEEN CLANCY. Secretary RB: 1782ni ss "res: j k TUSTIN CITY CODE SIGN REGULATIONS 9402 sions containing a minimum of ten (10) units or ten (10) lots and a minimum total project size of one (1) acre. "Tube lights" are small decorative lights of a permanent nature. Light bulbs are usually one-half watt in size and usually less than one (1) inch long and placed within a clear tube, approximately eight (8) inches apart. "Unlawful sign," is the same as "Illegal on-premises advertising display/sign". "Under-canopy sign or under marquee sign," is the same as "Arcade Sign". "Use" means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. "Vehicle-mounted sign" means any sign placed or maintained on a stationary automobile, truck, trailer or any other motor-driven device. · "Visual clearance area" is a triangular shaped portion of land established at a street intersection or driveway in which nothing is constructed, placed, planted or allowed to grow in such a manner as to limit or obstruct the visibility of a motorist entering or leaving the intersection or driveway; see section 9404a3(c) and exhibit in section 9412.. "Wall sign" means a sign attached parallel to or erected on the fascia, parapet or exterior wall of a building, structure, wall or fence with the exposed face of the sign in a line approx- imately parallel to the plane of the exterior wall; see section 9412. "Width of a sign" means the maximum horizontal dimension of a sign. "Window" is:an.opening in 'a wall surrounded by f. ramework or caSing and enclosed with transparent maierial. For the purpose of calculating window area on .one (1) building eleva- tion, a series of adjoining window panes separated by mullions or panels can be combined to establish total window area. "Window sign" means any sign attached, painted, or pasted, either permanent or tempo- rary, on the interior or exterior of a window and intended to be viewed from the outside; see section 9412. "Wind sign" means any sign or portion thereof or series of signs, banners, balloons, flags, pennants, spinners, streamers, or other objects designed and fastened in such a manner as to move upon being subjected to pressure by wind or breeze. (Ord. No. 1077, Sec. 1, 10-21-91) A sign permit shall be applied for and received from the Department of Community Development prior to painting, erecting, constructing, altering, rebuilding, replacing or moving any sign including change of copy on cabinet signs except those signs exempted .from permit REV: 11-91 LU-4-13 ATTACHMENT B TUSTIN Clrl~ CODE SIGN REGUI_AT[ONS 9403a requirements pursuant to this section. As applicable, a separate building permit and/or elec- trical permit may also be required. b Permits Required for Temporary Signs Temporary sign permits are required for supplemental signs intended for temporary dis- play. This section shall not authorize signs identiSed as prohibited by section 9404 of this chapter. Additional regulations for temporary signs are found in section 9406. As applicable, a separate building permit and/or electrical permit may also be required. In add:,t'~on to a refundable cash bond which guarantees the removal of the temporary display, the following req~firements shall apply. 1. ·Business banners. (a) .All banners :must be timed to a building and hung below a roof cave or mounted on pOles. (b) .All banners shall be professionally made and constructed of cloth, canvas, plastic, PVC :or similar material, and have ..slits for :proper Wind resistance, where nec- essary. (c) No banner may exceed thirty-two (32) z-<tuare ~feet in area with a maximum sign height or vertical dimension of.six (6) feet. (d) One (1) display per building or street frontage, or in the case of a multi-tenant building, one display per storefront shall be allowed. (e) Every business banner shall contain a posting date and the display shall be removed within thirty (30) days of the posting date or the bond is subject to forfeit and the display may be removed by the City. (fl Original grand opening business banners shall be permitted for a period not to exceed thirty (30) days. Temporary sign permits for grand opening banners are subject to the approval of the Department of Community Development. In addi- tion, a change of ownership or change of business type qualifies for a grand opening business banner. (g) Special event information business banners for purposes other than grand open- ings shall be permitted for no more than thirty (30) days and not more than four (4) times in any calendar year nor more than twice in any calendar quarter. Display of special event banners should be for special events only, and not for each promotion a national franchise might wish to advertise. Special event ban- .. ners are subject to the approval of the Department of Community Development. 2. Decorative flags. (ai Flags shall be installed on a flag pole device or frame, approved by the Building Official or-installed directly upon a building or wall surface but in no case above the roof eave. (b) No flag may exceed six (6) square feet in area with a maximum pole height of twelve (12) feet. (c) Original grand opening flags shall be .re_rmitted for a period not to exceed thirty (30) days. Temporary sign permits fez grand opening flags are subject to the REV: 11-91 LU-4-14 TUSTIN CITY CODE SIGN REGULATIONS 9404 f. All signs not expressly permitted under this ordinance are prohibited in the City. Such signs include, but are not limited to the following types, materials and location. 1. Types of signs prohibited: (a) Advertising bench signs. No person shall place within a public right-of-way of any street or in any public safety area within the City any advertising bench, or seat except in c~mpiiance with the following conditions: ; (1) Initially applying for and obtaining a written permit from the City Council. (2) Obtaining the approval of the City Engineer for the design and construction details. (b) Advertising display bus shelter signs. No person shall place within a public right-of-way or in any public safety area within the City any advertising display bus shelter, except in compliance with the following conditions: (1) A franchise agreement or other contractual agreement acceptable to the City Attorney shall be required for all advertising bus shelters proposed within the public right-of-way. City Council approval shall also be required for all shelters located within a public safety area. (2) The Planning Commission and City Engineer shall review and recommend to the Ckv Council appropriate locations, design and construction details for all advertising bus shelters prior to award of franchise agreement or ap- proval of alternative contractual .agreement. However, .in no case shall an advertising bus shelter be located within a residential neighborhood. The Planning Commission may also recommend certain guidelines to the City Council on appropriate standards for advertising and/or design. (3) All advertising .display bus shelters shall be located based upon ridership demand, as determined by the Orange County Transit Authority and City Engineer. (4) Displays shall not contain advertising for tobacco or alcohol products. (c) Aerial signs. Signs which are inflatable or are designed to be flown or attached to the ground, a building, structure or other object, including metallic or nonme- tallic balloons, strings of balloons, kites, or other aerial signs, all of which may or may not include copy, unless approved pursuant to section 9404c of this chapter. (d) Animated signs. (e) Audible' signs. Signs containing loudspeakers or emitting sounds. (f) Beacons. Unless approved pursuant to sections 9403b or 9404b of this chapter. (g) Festoons. A metallic or nonmetallic string of ribbons, metallic or nonmetallic tinsel, small flags, pinwheels, bunting, pennants or like material, unless an exce?:ion is approved pursuant to section 9404c of this chapter. REV: 11-91 LU-4-25 TUSTIN CITY CODE SIGN REGULATIONS 9404al.(h) (m) (n) (h) Flashing or moving signs. Signs that flash, chase, blink, oscillate, rotate, glitter, glare or include mechanical moving parts. (i) Light bulb strings. Temporary light bulb strings on the exterior of a building, except holiday lights per section 9403d5, and light bulb strings within twelve (12) inches of the inside of a window which are not in conformance with section 9403d12. Cj) Obscene advertising. Signs exhibited, posted or displaying anything of an ob- scene nature. (k) Off-pre~nises signs. Any sign including outdoor advertising structures and bill- boards installed for the purpose of advertising a business, product, event, person or subject not related to the premises upon which said sign is located, except directional signs. It shall also include any sign maintained upon or affixed to any vehicle or other device which is used primarily to support or display such sign while parked on public or private property, other than for the purposes of making lawful deliveries or sales of merchandise or rendering services from such vehicle. Premises shall mean the building within which a business is located as it relates to a wall sign; and as it relates to a freestanding sign, premises is defined as the project site upon which the business is located. (1) On-premises advertising display. Any display, structure or device as defined in section 9402 of this chapter that is intended to advertise specific products of the business or services or goods available. Painted wall signs. Sign area painted directly upon the surface of any exterior wall of a building unless approved pursuant to section 9404b of this chapter. Portable signs. Signs not permanently attached to a building or to the ground, such as sandwich boards, A-frames, or signs attached to parked vehicles (except- ing auto-for-sale si. gns) or trailers or other mountings. (o) Projecting simms. Any projecting sign that extends beyond the property line, ei- ther over the public right-of-way or over a separate lot. In addition, any sign that creates a public nuimance due to the height, size and location are prohibited. Projecting signs on private property shall be subject to the restrictions of the Uniform Sign Code and UBC. (p) Roof top signs. Signs mounted or painted on roofs including mansard roofs unless required by the City security ordinance, or the Police or Fire Departments. (q) Service, product and pricing signs. Any sign advertising specific brand names or pricing unless incorporated into the business name for the purpose of city busi- ness licenses and filing of fictitious business name as required by the State Board of Equalization. Specific pricing signs as required by state law and permitted in the Code are not subject to these limitations. Identification of product, trade or service information in excess of twenty-five (25) percent of the total allowable sign area is also prohibited. (r) Signs constituting a traffic hazard. Any sign which by color, shape, operation or location resembles or conflicts with any traffic control sign, device, signal or official directional guide sign, or creates a traffic hazard. REV: ~ ~-9 ~ LU-4-26 TUSTIN CITY CODE SIGN REC-VLATIONS 9404al.(s) (s) (t) Snipe signs. A temporary sign ~'.-~xed to a tree, fence, utility pole, etc. Vehicle signs. Business signs ¢..-. or afl.ged to trucks, automobiles, trailers or other vehicles, while parked on ~ublic or private property, excepting those vehi- 'cles Used for the purpose of lawfully making deliveries or sales of merchandise or rendering services. . Materials Prohibited: (a) Nondurable signs. Paper, cloth o: any matter or material not securely fastened to the surface of a sign or sign structure with the exception of a. pproved temporary signs. Locations prohibited: (a) Nuisance to residents. Sign ligh'.ing which is facing onto or visible from residen- tial uses and is a nuisance. Any such sign lighting which is located within one hundred (100) feet from such uses, will require a photometric plan along with sign plans to ensure that the intensky or location does not constitute a nuisance for adjacent residential properties. (b) signs 'in proximity to utility lines. No permit shall be issued for any sign and no 'sign shall be constructed or maintained which has less clearance from authorized electrical power lines than that prescribed by the laws of the State of California or rules and regulations promu!__z'ated by agencies thereof. (c) Visual clearance area. No permi.: shall be issued for any sign and no sign shall be constructed or maintained which, is located within the visual clearance area. This area shall be measured from each side of the driveway or access point to the adjoining street per current Ci~ standards. See the diagram in section 9412 showing visual clearance area. ., (d) Within public right-of-way. No ?erson shall affix by any means any form of sign . on any public property or right-of-way, including a street, median, island, parkway (excePt as permitted by section 9403d13(g)), sidewalk, traffic signal, traffic signal post, traffic signpost, traffic control sign post, any other traffic control device, utility pole or tree, unless specifically authorized by the City Council or by the Tustin City Code. (e) Side yard setback area. A monument sign shall be set back a minimum of twenty- five (25) feet from side property lines or fifty (50) feet separation from another pole or monument sign located on an adjacent site, whichever is less restrictive. Ad- . ditional regulations for monument signs are located in sections 9407 through 9411. b Signs Subject to Conditional Use Permit Approval The following tYPes of signs are permitted only when reviewed by the Planning Commis- sion and where a conditional use permit has been issued in accordance with the Tustin Zoning Code. 1. Changeable copy signs (electronic or manual), except time and temperature signs which are permitted. RE~' 11-gl LC-4-27 TUSTIN CITY CODE SIGN REGULATIONS 9404h3. terials of the site on which they are placed. All cabinets, conductors, transformers or other equipment shall be concealed from public view. 4. Every sign erected which is subject to a permit shall have its sign permit number, name of erector, installation year, and voltage (if electrical) in a readily visible loca- tion. 5. All illuminated signs shall be designed, placed or arranged to prevent glare upon the public right-oI:way, adjacent properties, and. traffic circulation areas of the subject property and shall not create a menace to trafS, c or a nuisance to adjacent property. 6. .MI areas where wail signs are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within thirty (30) days of removal of said sign. (Ord. No. 1077, Sec. 1, 10-21-91) 9405 ADMINISTRATION AND ENFORCEMENT a Responsibility The Department of Community Development shall be responsible for the administration and enforcement of the provisions of this chapter. b Interpretations If any ambiguity arises concerning the appropriate application of the sign code, the Di- rector of Community Development shall make the final decision as to the application of this sign code. In making this determination, the Director shall consider (but not be limited to) the fo :llowing items~ 1. Prior administrative interpretation of similar provisions of the sign code. 2. The general intent and purpose of similar provisions in the sign code. 3. The general intent and purpose of the sign code. 4. The intent and purpose of the zone classification of the property involved. 5. The provisions of the general plan. 6. Any other applicable codes or requirements, legally permitted precedents or other relevant information applicable to the application. Any decisions of the Director of Community Development may be appealed to the P1 ..arming Commission pursuant to the appeals procedure in this chapter. c Exceptions When an application for a sign code exception has been submitted to the Community Development Department, the Community Development Director shall have authority to grant or conditionally grant an exception to allow no more than a ten (10) percent increase in height or area of an allowable sign subject to findings contained herein. The Planning Com- REV: 11-91 LU-4-31 TUSTIN CITY CODE SIGN REGULATIONS 9405c mission shall have authority to grant or conditionally grant all other exceptic~ns to the various sign regulations contained in this chapter subject to the following: 1. Sign size and placement restrictions of this chapter shall be as closely followed as practicable; 2. The intent and purl)om of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable; 3. There are special circumstances unique to the property to justify t~he exception; 4. Granting of the exception will not have a negative impact on surrounding properties; 5. The sign application promotes the public health, safety, welfare and aesthetics of the community and that the granting of the exception meets the findings and intent of this chapter. Variance procedure contained in the Tustin Zoning Code does not apply to deviations from the provisions of the sign code. Any request to de..vi.a.te shall comply with the standards for a sign code exception identified above. Any party dissatisfied with a sign code exception decision may appeal said decision to the Planning Commission or City Council, as applicable. d Conditional Use Permits (CUP) An application for a conditional use permit for a sign designated in section 9404 b of this chapter shall be processed in accordance with conditional use permit procedures contained in the Tustin Zoning Code. Appeal procedures for conditional use permits shall also be governed by applicable sections of the Tustin Zoning Code. " A legally established, nonconforming sign lawfully in existence prior te the adoption date of this ordinance may remain and be maintained, but shall be made to conform to all provi- sions of this chapter if the Dire~or determines that any. of the following events occur. 1. A nonconforming sign shall not be changed to another nonconforming sign. 2. A nonconforming sign shall not be structurally altered so as to extend its useful life. A sign shall be considered to be structurally altered if the construction materials are physically replaced with new materials. The replacement of face copy in a cabinet type sign does not constAtute structural alteration. 3. A nonconforming sign shall not be expanded or altered so as to change the size, shape, position, location or method of illumination of the sign. 4. A nonconforming sign shall not be re-estal~lished after discontinuance of the use for ninety (90) days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a cour: of' law, for a period of ninety (90) days, it shall be presumed that such ur has been .~bandoned. A use shall be presumed to be aban- REV: 11-91 LL:-4-32 TUSTIN CI~IW CODE SIGN REGZ-LATIONS 9405e4. doned if the property or structures aze vacant or if the occupants are no longer conducting business. . A written notice of this determination will be sent or delivered to the sign owner. The owner shall have thirty (30) days to remove the sign or provide the Department of Community Development with exddence that the use has not been discontinued. The Planning Commission shall review all evidence and shall determine whether or not the sign is abandoned. Al! other prox-isions of the enforcement section 9405h shall apply. A nonconforming sign shall not be re-established after damage er destruction of more than fifty (50) percent of its replacement value, including destruction by an Act of God. f Abandoned Signs and Advertising Displays Lawfully erected signs or advertising displays pertaining to activities or occupants that are no longer using a property shall be removed from the premises, or sign copy on such signs shall be removed and covered over, within ninety (90) days after the associated enterprise or occupant has vacated the premises. A sign is considered abandoned if the occupants are no longer conducting business for a period of ninety (90) days. Such removal shall be in accor- dance with proper health and safety requirements. A written notice of this determination will be sent or delivered to the sign owner. The owner shall have thirty (30) days to remove the sign or provide the Department of Community Development with evidence that the use has nor been discontinued. The Planning Commission shall review all evidence. and shall determine whether or not the sign is abandoned. All signs not removed within the required thirty-day period, shall be in violation of the code and owners of the sign and owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this chapter. g Abatement of Illegal Signs in Public Right-of-Way Any sign installed or placed illegally on public property or easements, except in conform- ance with requirements of this chapter, shall be forfeited to the public and subject to confis- cation. In addition to other remedies, the City shall have the right to recover from owner the full costs of removal and disposal of the sign. An account of all costs for confiscation, removal and/or disposal sh"al'~ ]~ 'maintained by the Community Development Department. A noticed public hearing before the City Council shall be ~heduled and said notice shall be served on the sign owner. At the hearing an itemized report showing all costs shall be presented to the Council. The City Council may make revisions, corrections or modifications to the report. The report, together with the charges, shall be conf'wmed or rejected. The total costs of abatement including all administrative costs shall constitute a special assessment against the sign owner. REV: 11-91 LU-4-33 inter-Oom DATE: OCTOBER 25, 1993 TO: FROM: SUBJECT: BUILDING BOARD OF APPEALS COMMUNITY DEVELOPMENT DEPARTMENT BILLBOARD SIGN AT 1782 NISSON ROAD RECOMMENDATION: Uphold the decision of the Building Official as contained in the Notice and Order issued August 16, 1993 requiring the removal of the billboard sign located at 1782 Nisson Road. BACKGROUND= On August 5, 1993, the Community Development Department was notified of sign construction underway at 1782 Nisson Road. At 11:15 a.m., Building Inspector, Robin Mundy was sent to the location to issue a stop work order and to notify the workmen that the work they were performing was in violation of the Tustin City Code and required building, electrical and sign permits from the City. The crew stopped working at that time and the inspector returned to her other duties. Later that afternoon, the Community Development.Department received a second phone call stating that the sign crew was working again. At 4:00 p.m., Building Official, Rick Brown and Senior Planner,.Dan Fox went to the sign location on Nisson Road to issue a second stop work notice. Upon arrival at the site, the sign crew had completed their work and were preparing to leave. The stop work notice and applicable City of Tustin Codes and.permit requirements were discussed with the sign crew. The workmen indicated that their supervisor, Ed Neal, had worked things out with the City and that he had directed them to finish the job. The crew was informed by Rick Brown, Building Official, and Dan Fox, Senior Planner, that no approval was granted by the City and that a second stop work order was issued. After the discussion, the sign crew left the location but the work had been completed. On August 16, 1993, the Building Official issued a Notice and Order directed towards the property owner and the advertising company. Copies of the Notice and Order are attached as Exhibit "A". The Notice and Order noted violation of Uniform Administrative Code 301(a). A copy of U.A.C., Section 301(a) and City of Tustin Amendments to U.A.C., Section 301(b) are attached as Exhibit "B". These sections of the code identify construction which requires a permit and also identifies construction that is exempt from permits. ATTACHMENT C Building Board of Appeals 1782 Nisson Road Page 2 A summary of the applicability of each these cOde section follows: 0 U.A.C., Section 301(a) requires permits to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure, building, or service equipment- regulated by the code unless exempted in U.A.C., Section 301(b). No permit application was made to the City and no permit was issued by the City. 0 U.A.C., Section 301(b) does not exempt signs from permit requirements. Signs are classified as a Group M, Division 2 occupancy, under the Uniform Building Code. The M-2 occupancy group includes structures which are not occupied and are not used for shelter. Examples of M-2 occupancies are fences, tanks, towers and signs. The Notice and Order also noted violation of Tustin City Code Section 9403(a). Copies of the City Codes Sections 9403(a), 9404(a), and 9405(e) are attached as Exhibit "C". City Code Section 9403(a) establishes the requirements for sign permits. City Code Section 9404(a) establishes the types of signs which are prohibited and City Code Section 9405(e) identifies regulations for nonconforming signs. City Code Section'9403(a) indicates that a sign permit shall be applied for and received from the Community Development Department prior to painting, erecting, constructing, altering, rebuilding, replacing or moving any sign. No sign permit was obtained for the erecting, constructing, altering and rebuilding of the subject sign. The subject sign is a "billboard or outdoor advertising sign and/or structure", which is defined in City Code Section 9402 as a sign or structure of any kind or character erected and/or maintained for advertising a business: activity, Service or product not sold or produced on the premises upon which the sign is placed. City Code Section 9404a l(k) prohibits off premise signs, including outdoor advertising structures and billboards. Since billboards and outdoor advertising structures are prohibited by City Code Section 9404, the existing billboard, prior to altering and rebuilding, was considered nonconforming and remained in existence in accordance with City Code 9405(e), Nonconforming Signs. Building Board of Appeals 1782 Nisson Road Page 3 City Code Section 9405(e) indicates that a legally established nonconforming sign may remain and be maintained except that; A nonconforming sign shall not be changed to another nonconforming sign. · A nonconforming sign shall not be structurally altered so as to extend its useful life. A sign shall be considered to be structurally altered if the construction 'materials are physically replaced with new materials. The placement of face copy in a cabinet type sign does not constitute structural alteration. · A nonconforming sign shall not be expanded or altered so as to change the size, shape, position,- location or method of illumination of the sign. e A nonconforming sign shall not be re-established after discontinuance of the use for ninety (90) days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of ninety (9'0) days, it shall be presumed that such use has been abandoned. A use shall be presumed to be abandoned, if the. property or structures are vacant or if the occupants are no longer conducting business. A written notice of this determination will be sent or delivered to the sign owner. The owner shall have thirty (30) days to remove the sign or provide the Department of.Community Development with evidence that the use has not been discontinued. The Planning" Commission shall review all evidence and shall determine whether or not the sign is abandoned. All other provisions of the enforcement Section 9405(h) shall apply. Se A nonconforming sign shall not be re-established after damage or destruction of more than fifty (50) percent of its replacement value, including destruction by an Act of God. Building Board of Appeals 1782 Nisson Road Page 4 If the community Development Director determines ~hat any of the above referenced activities have occurred, the sign shall be made to conform to all provisions of the Sign Code. Based upon the construction activity that took place without permits, conditions described in items 1, 2, and 3above have occurred. Therefore, the sign would need to conform to all provisions of the Sign Code. However, since the Sign Code prohibits outdoor advertising structures and billboards, the subject signmust now be removed in order to comply with all provisions of the Sign Code. Based on provisions of City Code Section 9405(e), the owner was ordered by Notice and Order of the Building official,~, to apply for and obtain a demolition permit for the removal"and disposal of the billboard sign, supporting structure, foundation, and. electrical system. The owner elected to appeal the Notice and Order to the .Board of Appeals. The appeal hearing request was made by Mr. Gary Mobley of Case, Knowlson, Mobley, Burnett and Luber. Mr. Mobley is representing the property owner and National Advertising Company. In Mr. Mobley's letter dated September 10, 1993 and attached as- Exhibit "D", Mr. Mobley requests City authorization for acceptance of "as-built" plans for the purpose of obtaining building and electrical permits. The construction or alteration of a sign requires a sign permit from the City of Tustin, per Tustin City Code Section 9403(a). The Building Division may not issue a building or electrical permit for sign construction or alteration without an associated sign permit. Therefore, submission of "as-built" plans would not be. accepted until such time as a valid sign permit is issued. The size, shape, location, etc., of the sign must be approved and a sign permit issued pr~.or to issuance of building or electrical permits to construct or illuminate the sign. · . Mr. Mobley a~~hallenges the jurisdiction of the City to regulate the billboard sign under Tustin City Code Section 9403(a). The City Attorney's office has been consulted regarding jurisdiction over this matter. Government Code Section 5229 (Outdoor Advertising Act) states that provision of the Outdoor Advertising Act "shall not be construed to permit a person to place or maintain in existence on or adjacent to any street, road or highway, including any interstate or state highway, any outdoor advertising prohibited by law or by any ordinance of any city, county, or city and county. Building Board of Appeals 1782 Nisson Road Page 5 Government Code Section 5230 goes on to state tha~ "the governing body of any city, county, or city and county may enact ordinances, including, but not limited to, land use or zoning ordinances, imposing restrictions on advertising displays adjacent to any street, road, or highway equal to or greater than those improved by this chapter, if Section 5412 is complied with. No city, county or city and county may allow an advertising display to be placed or maintained in violation of this chapter." Based upon these provisions of the Outdoor Advertising Act, the City Sign Code would be applicable in this instance. The City Attorney's office and the Community Development Department have contacted Caltrans requesting information regarding any signed relocation agreements or other permits for the 'sign in question. Phone conversations with Caltrans staff members, Patricia Jones, of .the Outdoor Advertising Section, and Linda Wilford, of the District 12 Right-of-Way Section, have indicated that no signed agreement or permit for the sign exist. The phone conversations were followed by a written request for either copies of any approvals or written acknowledgement that none exist. The letter request for information from Caltrans is attached as Exhibit "E". As of the date of this report, no written response has been received from Caltrans. Patricia Jones, of the-Caltrans Outdoor Advertising Section, has contacted staff and will respond in writing to the City's request for information contained in Exhibit "E"on Thursday, October 21, 1993. Copiesof the information from Caltrans will be'.provided at the hearing. Mr. Mobley has been notified of the time and place of the appeal hearing by certified mail. A.copy of this notification is attached as Exhibit "F". CONCLUSION: Based upon the information-contained in the applicable codes as attached to this report, the Nctice and Order was issued with just cause. It is therefore recommended that the Board of Appeals uphold the decision of the Building Official and require removal of the subject sign. Building Board of Appeals 1782 Nisson Road Page 6 Robin Mundy-Building Inspector, Rick Brown-Buil~in~ Official, Dan Fox-Senior Planner, and christine Shingleton-Assistant City Manager/Director of Community Development Department will attend the appeal hearing and will be available to provide testimony to the Board regarding applicable codes or regulations. Ms. Lois Bobak will attend the hearing on behalf of the City Attorney's Office. Ric. k Brown Building official Dan Fox / Senior Planner Christine A. Shingleton Assistant City Manager/ Director of Community Development Attachments: Exhibit "A" - Notice and Order (8/16/93) "B" - Copies of U.A.C., Section 301 and Amendments to U.A.C., Section 301 (b) "C" - coPies of City Code Sections 9403 (a), 9404(a) and 9405(a) "D" - Mr. M~bley's Letter (9/10/93) "E:' -Letter Request for Information from Caltrans "F" - Board of Appeals Hearing Notice -- R8: 1782hiss.bar: jk EXHIBIT "A' Office of the City Council August 16, 1993 CERTIFIED MAIL P 087 435 392 City Of Tustin 15222 Del Arno Avenue · · · ~ Tustin, CA 92680 (7 ~ 4) 5~14-8890 Mr. Ed Neal, Operations Supervisor 3M National Advertising 16501 Ventura Blvd., Suite 447 Encino, CA 91436 NOTICE AND ORDER sTREET ADDRESS: 1782 NISSON ROAD, TUSTIN, CALIFORNIA A.P.N. NO.: 432-021-07 COUNTY OF ORANGE SUBJECT: MODIFICATION OF FREEWAY BILLBOARD SIGN LOCATED ON 1782 NISSON ROAD VIOLATIONS: TUSTIN CITY CODE SECTION 9403(a) UNIFORM ADMINISTRATIVE CODE SECTION 301(a) BACKGROUND: On August 5, 1993 at 11:15' a.m., a sign installation crew, working for 3MNational Advertising, at the above mentioned address was issued a Stop work order by the City of Tustin Community Development Department. The Building Inspector reported that work was nearly completed involving the modification and expansion of a billboard sign. The stop work order directed the sign crew to stop work and contact the City regarding the sign work and required permits. On August 5, 1993 at 4:00 p.m., the Building official and Senior'PlanDer had tc return to the site and issue a second stop work order. Despite the earlier stop work order, the sign crew had continued to complete the work and were preparing to depart. Tustin City Code Section 9403(a), requires that a sign permit shall be applied for and received from the Community Development Department prior to painting, erecting, constructing, altering, rebuilding, replacing, or moving any signs including change of copy on cabinet signs except those exempted from permit requirements pursuant to this section. Jim Polls Mayor Thomas R. Saltarelli Mayor Pro Tern Leslie k'~ne Ponlkx~s Councilmembe~ Charles E. Puc:kelt Coundlmembe Jefle~y M. ~ Councilmember EXHIBIT "A" August 16, 1993 OTICE AND ORDER -- 1782 Nisson Road ~ge two Section 9404 a l(k) prohibits off-premise signs including outdoor advertising structures and billboards. As such, the subject sign is considered non-~onforming'-~a~d is therefore also subject to Section 9405e, Non~confo.r3ning Signs. Subsections 2 and 3 of Section 9405e states that: · . "A non--conforming sign shall not bestructurally altered so as to extend its useful life. A sign shall be considered structurally altered if the construction materials are physically replaced with new materials." and .... "A non--conforming sign shall not b e expanded or altered' so as to change the size, shape, position, location or method of ill,]_mination of the sign."' Based upon the provisions of Section 9405e, the subject billboard is a non-conforming off-premise sign. Since off- premise signs are prohibited by Section 9404 a l(k) and representation from 3M National Advertising illegally altered the subject sign, the current sign must be removed in its entirety. ~niform Administrative Code Section- 301(a) requires a [ildingpermit and an electrical permit for the work done ~o the sign. No permits were obtained for the work done in modifyingthis sign. AdditionallY, after receiving written- notification to stop work, the work was completed in violation of. the stop work order. The 3M National Advertising sign crew demonstrated a flagrant disregard for the stop work order and for the applicable Tustin City Code.sections. Additionally, the crew commented that "we will get two years advertising out of this sign before your lawyers can do anything about it." Pursuant to th~ city of Tustin Bail Schedule, the violations identified may be prosecuted as misdemeanors. ACTION REQUIRED' The subject sign ..was non-conforming per Tustin City Code. Section 94904 'a 1 (k) . Based upon its non-conforming status, Tustin City Code Section 9405 e (2'1 and ( 3 ) prohibits the type of work which was done to the sign. The unpermitted work performed has resulted in a sign that cannot be approved under the provisions contained in the Tustin City Code. EXHIBIT "A" Office of the City Council August 16, 1993 City Of Tustin 15,222 Del Arno Avenue . -. · · ~ Tustin, CA 92680 .... (7~4) 544-8890 Mr. James R. Koonce Trust TR ~04077-01-10 ~1 c/o California First Bank P.O. Box 109 San Diego, CA 92112 NOTICE ~/~DORDER STREET ADDRESS: 1782 N~SSON ROAD, TUSTIN, CALIFORNIA A.P.N..NO.: sUBJECT: 432--021--07 COUNTY OF ORANGE MODIFICATION OF FREEWAY BILLBOARD SIGN LOCATED ON 1782 NISSON ROAD VIOLATIONS: TUSTIN CITY CODE SECTION 9403(a) UNIFORM ADMINISTRATIVECODE SECTION 301(a) BACKGROUND: On August 5, 1993 at 11:15 a.m.., a sign installation crew, working for 3M National Advertising, at the above mentioned address was issued a stop-work order by the City of Tustin Community Development Department. The Building Inspector reported that work was nearly Completed involving the modification and expansion of a billboard sign. The stop work order directed the sign crew to stop work and'contact the City regarding the sign work and required permits. On August 5, 1993 at 4:00 p.m., the Building official and Senior Planner had to return to the site and issue a second stop work order. Despite the earlier stop work order, the sign crew had continued to complete the wcrk and were preparing to depart. Tustin City Code Section 9403(a), requires that a sign permit shall be applied for and received from the Community Development Department prioz- to painting, erecting, constructing, altering, rebuilding, replacing, or moving any signs including change of copy on cabinet signs except those exempted from permit requirements pursuant to this section. Jim Potls Mayor Thomas R. Saltarelli Mayo~' Pro Tem Leslie Anne Po~tious Chades E. Puckett Jeffe~y M. Thomas EXHIBIT "A" ~'gust 16, 1993 ~ICE ~ ORDER -- 1782 Nisson Road _,ge three -The owner is hereby ordered to apply for. and-o~ain a demolition permit for the removal and disposal 'Qf the billboard sign, supporting structure, foundation,' "and electrical system. A demolition permit shall 'be obtained within 30 days of the date of this notice. All demolition shall be completed and inspected within 60 days of this notice. If the required demolition is not completed within the time specified, the Building official may proceed to cause the work to be done and charge the costs thereof against the property or its owner. Any' person having any record title or legal interest in the property may appeal from the Notice and Order to the Board of Appeals provided the appeal is made in writing as provided in the Uniform Administrative Code and filed with' the Building Official within 30 days from the date of service of the Notice and Order and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. you have any questions, please call me at (714) 544- o890, extension 256. Sincerely, RICK BROWN Building official Community Development Department Building Division cc: Christine Shingleton, Assistant City Manger James Rourke, City Attorney Dan Fox, Senior Planner Address File RB:1782nisc.let:jk P 087 435 391 RECEIPT FOR CERTIFIED MA!~.~- Ko ,,,su,*,,c~ co,,f,,~.'- ~0~ ~ ~ ~ S P 087 435 392 '~EIPT FOR ~ERTIPIED MAIL EXHIBIT "A" eSENDER: Complete Items 1*and 2 when additional ~ervices are desired, and complete Items 3 and 4. Put your addr~ In the "RETURN TO" Space on zhe rever~e side. Failure to do this will prwent ~i c~d from aing re~rn~ to y~. The re~rn r~elPt fee will provide you ~e name of ~e delivered to end ~e d~te o~ del~e~. For additional f~ the following ~Ea are availabl~ Conmh pmtma~ter for fa and ch~k box{~) for addltio~l ~Ee(~) r~umN. 1. O Show to ~m delker~, date. end ~dr~'s eddr~ 2. 0 R,trlctN Oell~ry t (Ex~a =~eJt t (Ex~ ¢~e)t 3. Micle ~~ to: 4. Micle Numar .' HR. 'ED flE~, OPE~TXOfl ~NAG~ P 087 435 392 3H ~TXOfl~ ~VERTZS[HG ' ~of~: 0 R~~ 0 ~6501 ~ENTU~ BLYD., SUITE 44~" ~nJ~ 0 ~o ~ PS Fon~ 3811, Mu. 1987 , U.S:G.P.O. ~1~ ob~ mwm of ~ agent and DATE DELIVERED.. 8. Addre~ee°s Addre~ (ONL Y tf requested and fee paid] DOMESTIC RETURN RECEIPT eSENDER: C~rnplete Items I and 2 whe~ additional eeevlce~ are .d~'l~, end ~pl~ ~e 3 ~ y~r ~tm In ~e "RETURN TO" ~ on ~e r~m ~1~ Failure to ~d fr~ ~H ~ to y~. The r~m r~elpt fee will pr~e you ~ ~m ~ ~ ~;n M~ to e~ ~e ~te of dMSo. For ~itloMI fw the followl~ ~ter f~ fw ~ c~k ~x(~) for I~ltloMI ,wlce(,) r~uW. 1. 0 ~~~~,~,e~I-sa~r~ 2. 0 fl~~ t ~x~ ~eIt t.(gx~ MR. ,lAMES R. K00NCE TRUST TR #04077-01.10 gl C/O IJNTON BANK 530 B STREET, sECOND FLOOR SAN DIEGO, CA 92101 5. Signature -- Addressee x X'6' Si~tum-~ 7. Da~ of [~li~l:~~ """. . FS Form 3811, .M~. 1987 . U.S.G.P.O. 1~7-17~26e 4. Art~e Ncm~ber P 087 435 39! Type of Service: O, Registered 0 Insured I~Centfied. m 0 ~O O Expre~ Mail Almy$ obain signature of add~. agent and DATE DELIVERED 8. Addres~ee's Address (ONLY if -" requested and fee paid) DOMESTIC RETURN RECEII'T I - EXHIBIT 1991 UNI~ ADMINISTRATIVE CODE 301 Chapter 3 PERMITS AND INSPECTIONS Permils ~ 30L (a} Permit~ Required. Except as speci£~d in Sul~,ection (b) of this section, no Imiiding, structure or building sexvic~ equipment regulated by this ~ ~ improved, removed, converted or demolished unles~ a separate, ai~ropria~ l~nnit for erich building, structure or building service equipment (b) Work ~xe~npt from Permit. A l~nit shall not be required for the typ~ of wo~ in each of the ~ dasses of permit as listed ~. Exemption from fl~e permit n~lnin~ts of this ~ode shall not b~ ~ to grant au~~on f~ other iaw~ a~'a~Vmances of this j~ !. ~ permi~ A building permit shall not be r~luired for forUmS.. playbum~ and similar uses, provided thc projected roof ar~ docs not exceed 120 square feet. C. Oil dcnicks. D. Movideo cases, counters and partitions not over 5 fcct 9 inch~ high. E. Retaining walls which arc not over 4 fcct in height measured from thc bottam of thc footing to th~ ~op of th~ wall, unlc~ ~upponing a surcharge F. Wa~cr ranks supported dircctly upon grade if thc capzcit~ docs not cxcecd $,000 ~ and thc ratio of height to diamcter or width docs not cxcccd · t..O. G. Platf~ums~ w~alks a~f'drivc.w~ys not mo~'*than 30 inc~hes above gra~ and 14. Painting, papering and similar finish work. I. Temporary motion picture, television and theater stage sets and scenery. 1.0- ._~ V~ndow awnings supported by an exterior wall of Group R, Division and Gt~p M Occupancies when projecting not more than 54 inches. ~ Prefal~nted sw~ningfl~. Is ...~esso~./l.o a .Gr0~ R, Division / ~ in w~4'~ch the/45ool ~IIS at?_e~nt.h~_.!y, above the adjacent grade ~. © a.~i-if'the capacity doeffno! .e~.ceed :5,000 ga',lon~. ~.' ~ Unless o~2aerwisc exe~pted by this code, ser, a,-ztc plumbing, el~ctric~! and mecha~lical permits will be required for the above exempted items. 2. Plumbing permits. A plumbing pelmit shall not be required for the following: o .. EXHIBIT "B" Board shall be given by at least three days notice delivered to each member personally or by registered mail; provided, however, that any. meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in. the records of the Board. The Board-shall hold meetings at it$~leasure. The Board shall have the right, subject to such limits as the Building official may prescribe to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions." (d) Section 205 is amended ~o zead as Zol~ows. "Section 205. No person, firm, or corporation shall violate any provision, or fail to comply with any of the provisions of this Code, or of any Code adopted herein by reference. Any person violating any of .the provisions or failing to comply with any of the mandatory requirements of this Code, or any Code adopted by reference herein, unless otherwise specified in this Code, shall be guilty of'an infraction or misdemeanor as set forth in Part 2 of the Tustin City Code, entitled "Penalty Provisions". Each such ~erson, firm, or corporation violating any provision or failing to comply with any of the requirements ~hall be guLlty of a separate offense, and each day during any portion of which any violation of any provision of this Code, or any Code adopted by reference- herein,, is. committed, continued or permitted by such person, shall cOnstitute a separate offense, and shall be punishable accordingly'. Provided further that each such person violating a provision which limits the time an act may be permitted or continued, each such period or- portion, thereof of which any violation of such provision is committed, continued or.permitted by such person shall constitute a separate offense, and shall be punishable accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code, or of any Code adopted by reference herein, shall be deemed-a public nuisance and may be su,nunari!y abated as such by the City, and each day such condition continues shall be regarded as a new and separate nuisance and offense." .~ (e) Section 301 (b) is amended by changing subsection 1. to f/ read as follows: EXHIBIT "B" "1- Building Permits -- A building permits shall not be required for the following: A. One--story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the' projected roof area does not exceed one hundred twenty (120) sqq.~re feet. B. Fences not over five (5) 'feet high and all block/brick walls not over thirty-six (36) inches in height above grade. Ce Do Fo Gm Io J. Ke Oil derricks. Moveable cases, counters and partitions not over five feet nine inches (5 feet 9 inches) high. Retaining walls which are not over four (4) feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge. or i ..m~unding Class I, II or II-I-A liquids- Water tanks supported directly upon .grade if the capacity does not exceed five thousand - (5,000) gallons and the ratio of height to diameter or width .does not exceed two to one. Platforms and walks which are .not more than thirty (30) inches above grade, not over any basement or story below and are not at variance with the provisions of Section 2516(c) 2 through 7, Section 2907(a), (b) Exception 2: Section 3304(i) Exception' lB; Section 3305(i): and Section 3306(c) and (n) of this Code. Painting, papering and similar finish work. . Temporary motion picture, television and theater stage sets and scenery. Window awnings supported by an exterior wall of Group R, Division 3, and GroUp M OcCupancies when projecting not more than 54 inches, and not subject to the provisions of Section 504 (a) and (b} of this Ccd- - Other incidental structures and improvements of a minor nature may be exempt from the provisions of this Code upon the determination of the Building official - EXHIBIT Unless othe _~wise exempted by this Code, separate plumbing, electrical and mechanical permits shall be required for the above exempted items as applicable. Exemption from the permit requirements of this Code shall not be deemed .t.0 .grant authorization for any work to be done in any man,er in violation of, ~he provisions of this Code or any other laws or ordinances of this jurisdiction." (f) Section 301 is amended by adding subsection (c), (d) and (e) to read as follows: "(c) The Building Official' shall issue building permits for construction, demolition, addition, alteration and installation' of required, on-site improvements such as, but not limited to, curbing, walks, stairs, ramps, parking lots, drainage devices, irrigation systems, lighting systems and landscaping.. These permits will be issued when the on-site work does not otherwise'require a building permit. All such above work shall be as authorized and/or required as a condition of approval by the City Council, 'City Planning Agency, City ~lanning Commission," Director of Community Development and/or Cit~. EXCEPTION: Single family (R-3) residences are excluded from this section unless they are within a new residential tract being constructed within the City. (d) 1. ~ Relocation of Buildinq: - No building or structure shall be-moved or relocated unless and until the necessary permits to reloca, te the building or structure have been issued by the Building Official. upon request to relocate a building or structure, the Building Official shall collect fees from the owner or his representative for an investigative inspection as established by resolution of the City Council. The 5uilding Official shall determine if the building is capable '~.n his judgment, cf being moved, in addition, if the building is to be moved into the City', or relocated with in the City, the investigative inspection shall dete~nine if the building will satisfy the zoning and building code requirements. He shall then report in writing, all facts, judgments and information, to advise the owner or his TUSTIN CITY CODE EXHIBIT "C' SIGN REGULATIONS 9402 o. sions containing a minimum of ten (10) units or ten (10) lots and a minimum total project size of one (1) acre. "Tube lights" are small decorative lights of a permanent nature. Light bulbs are usually one-half watt in size and usually less than one (1) inch long ax/d ~211aced within a clear tube, approximately eight (8) inches apart. . ... "Unlawful sign," is the same as "lneg on-premises advertising display/sign". · "Under-canopy sign or under marquee sign," is the same as "Arcade Sign". "Use" means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. "Vehicle-mounted sign" means any sign placed or maintained on a stationary automobile, truck, trailer or any other motorqlriven device. '%risual .clearance area" is a triangular shaped portion of land established at a street intersection or driveway in which nothing is constructed, placed, planted or allowed to grow in such a manner as to limit or obstruct the visibility of a motorist entering or leaving the intersection or drivewa~r, see section 9ut04a3(c) and extuq>it in section 9412.. o 'q/gall sign" means a sign attached parallel to or erected on the fascia, parapet or exterior wall of a building, structure, wall or fence with the exposed face of the sign in a line approx- imately parallel to the plane of the exterior wall; see section 9412. "Width of a sign" means the maximum horizontal dimension of a sign. 'qNindow" is an opening in a wall surrounded by framework or casing and enclosed with transparent material. For the purpose of calculating window area on one (1) building eleva- tion, a series of adjoining window panes separated by mullions or panels can be combined to establish total window area. 'ql/indow sign" means any sign attarJaed, painted, or pasted, either permanent or tempo- rary, on the interior or exterior of a window and intended to be viewed from the outside; see section 9412. "Wind sign" means any sign or portion thereof or series of signs, banners, balloons, flags, pennants, spinners, streamers, or other objects designed and fastened in'~uch a manner as to move upon being subjected to pressure by wind or breeze. ' (Ord. No. 1077, Sec. 1, 10-21-91) 9403 SIGN PE.PuMIT REQUIREMEN-~3 .. a Permits Required for Permanent Signs A sign permit shall be applie~t, for and received from the Department of Community Development prior to painting, erecting, constructing, altering, rebuilding, replacing or moving any sign including change of copy on cabinet signs except those signs exempted from permit REV: 1 ~-91 LU-4-13 ?USTIN CITz' CODE EXHIBIT "C" SIGN REGULATIONS 9403a requirements pursuant to this section. As applicable, a separate building permit and/or elec- trical permit may also be required. b Permits Required for Temporary Signs Temporary sign permits are required for supplemental signs int~ded for temporary dis- play. This section shall not authorize signs identified as prohibit~l by section 9404 of this chapter. Additional regulations for temporary signs are found in section 9406. As applicable, a separate building permit and/or electr/cal permit may also be required. In addition to a refundable cash bond which guarantees the removal of the temporary display, the following requirements shall apply. 1. Business.banners. (a) ~ banners must be fL, ced to a building and .hung below a roof eave or mounted on .poles. (b) All.banners shall be professionany made'and constructed ofcloth, canvas, plastic, 'PVC .~r similar material, .and have ~lits for proper .v/ind resistance, where nec- essary. (c) No banner may exceed thirty-two (32)-square 'feet in area With a maximum sign height or vertical dimension of six (6) feet. (d) One (1) display per building or street frontage, or in the case of a multi-tenant · building, one display per storefront shall be allowed. (e) Every business banner shall contain a posting date and the display shall be removed within thirty (30) days ofthe posting date or the bond is subject to forfeit and the display may be removed by the City. (fl Original grand opening business banners shall be permitted for a period not to exceed thirty (30) days. Temporary sign permits for grand opening banners are subject to the .appr~..val.of the Departm.ent. of Community Development. In addi- tion, a change' of oWnership or change of business'type qualifies for a grand opening business banner. (g) Special event information business banners for purposes other than grand open- ings shall be permitted for no more than thirty (30) days and not more than four (4) times in any calendar year nor more than twice in any calendar quarter. Display of special event banners should be for special events only, and not for each promotion a national franchise migl~t wish to advertise. Special event ban- nors are subject to the approval of the Department of Community Development. 2. Decorative flags. (a) Flags shall be installed on a flag pole device or frame, approvcd by the Building Official ~r in-~alled directly upon a buildin~ or wall surface but in no case above the roof eave. (b) No flag may exceed six (6) square feet in area with a maximum pole height of twelve (12) feet. (c) Original grand opening flags shall be permitted for a period not to exceed thirty 130) days. Temporary sign permits for grand opening flags are subject to the ?~£v l~-9t LU-4-14 TUSTIN CITY CODE EXHIBIT "C" SIGN REGULATIONS 9404 9404 SIGN REGULATIONS a Prohibited Sign Types, Prohibited Materials and Prohibited Locations All signs not expressly permitted under this ordinance are prohibited in the City. Such signs include, but are not limited to the following types, materi~ils~and location. 1. Types of signs prohibited: (a) Advertising bench signs. No person shall place within a public right-of-way ofany street or in any public safety area within the City any:advertising bench, or seat except in compliance with the following conditions: (1) Initially applying for and obtaining a written permit from the City Council. (2) Obtaining the approval of the City Engineer for the design and construction details. (b) Advertising display bus shelter signs. No person shall place within a public right-of-way or in any public safety area within the City any advertising display bus shelter, except in compliance with the following conditions: (1) A franchise agreement or other contractual agreement acceptable to the City Attorney shall be required for all advertising bus shelters proposed within the public right-of-way. City Council approval shall also be required for all shelters located within a public safety area_ (2) The Planning Commission and City Engineer shall review and recommend to the City Council appropriate locations, design and construction details for all advertising bus shelters prior to award of franchise agreement or ap- proval of alternative contractual agreement. However, in no case shall an advertising bus shelter be located within a residential neighborhood. The Planning Commission may also recommend certain guidelines to the City Council on appropriate standards for advert/sing and/or design. (3) All advertising display bus shelters shall be located based upon ridership demand, as determined by the Orange County Transit Authority and City Engineer. (4)Displays shall not contain advertising for tobacco or alcohol products. (c) Aerial signs. Signs which are inflatable or are designed to be flown or attached to the ground, a b-ailding, structure or other obj~t, including metallic or nonme- tallic balloons, strings of balloons, kites, or other aerial signs, all of which ~nay or may not include copy, Unless approved pursuant to section 9404c of this chapter. (d)Animat. ed signs. (e)Audible signs. Signs containing loudspeakers or emitting sounds. (f)Beacons. Unless apl~roved pursuant to sections 9403b or 9404b of this chapter. (g) Festoons. A metallic or nonmetallic string of ribbons, metallic or nonmetallic tinsel, small flags, pinwheels, bunting, pennants or like material, unless an exception is approved pursuant to section 9404c of this chapter. -- REV: ] ]-9] LU-4-25 TUSTIN CITY CODE EXHIBIT "C" SIGN REGULATIONS 9404al.(h) (h) Flashing or mo~-ing signs. Signs that flash, chase, blink, oscillate, rotate, glitter, glare or include mechanical moving parts. (i) Light bulb strings. Temporary light bulb strings on the exterior of a building, except holiday lights per section 9403d5, and light bulb strings within twelve (12) inches of the inside of a window which are not in eonfomance with section 9403d12. (j) Obscene advertising. Signs exhibited, posted or displaying' anything of an ob- scene nature. ill) Off-premises signs. Any sign including outdoor advertising structures and bill- boards installed for the purpose of advertising a business, product, event, person or subject not related to the premises upon which said sign is located, except directional signs. It shall also include any sign maintained upon or alt-mod to any vehicle or other device which is used primarily to support or display such sign while parked on public or private property, other than for the purposes of making lawful deliveries or sales of merchandise or rendering services from such vehicle. - Premises shall mean the building within which a busines_s is located as it relates to a wall sign; and as it relates to a freestanding sign, premises is defined as the project site upon which the business is located. fl} On-premises advertising display. Any display, structure or device as defined in section 9402 of this chapter that is intended to advertise specific products of the business or services or goods available. (m) Painted wall signs. Sign area painted directly upon the surface of any exterior wall of a building unless approved pursuant to section 9404b of this chapter. (n) Portable signs. Signs not permanently attached to a building or to the ground, such as sandwich boards, A-frames, or signs attached to parked vehicles (except- ing auto-for-sale signs) or trailers or other mountings. (o) Projecting signs. Any projecting sign that extends beyond the property line, ei- ther over the public right-of-way 6r over a separate lot. In addition, any sign that creates a public nuisance due to the height, size and 'location are prohibited. Projecting signs on private property shall be. subject to the restrictions of the Uniform Sign Code and UBC. (p) Roof top signs. Signs moUnted or.painted on roofs including mansard roofs unless required by the City security ordinance, or the Police or. Fire Departments. (q) Service, product and pricing signs. Any sign advertising specific brand names or pricing unless incorporated into the business name for the purpose of city busi- ness ik~nses m~d flung of fictitious business name as required by the StaLe Board of Equalization. Specific pricing signs as required by state law and permitted ,_'n the Code are not subject te there limitations. Identification of preduci., trade or service information in excess of twenty-five (25) percent of the total allowable sign area is also prohibited. (r} Signs constituting a traffic hazard. Any sign which by color, shape, operation or location resembles or conflicts with any traffic control sign, device, signal or official directional guide sign, or creates a traffic hazard. REV: ] 1-9] LU-4-26 TUSTIN CITY CODE EXHIBIT "C" SIGN REGULATIONS 9404h3. terials of the site on which they are placed. All cabinets, conductors, transformers or other equipment shall be concealed from public view. 4. Every sign erected which is subject to a permit shall have its sign permit number, name of erector, installation year, and volt~_ge (if electrical.), in a readily visible loca- tion. · · 5. All illuminated signs shall be designed, placed or arranged to prevent glare upon the public right~)f-way, adjacent properties, and traffic circulation areas of the subject property and shall not create a menace to traffic or a nuisance to adjacent property. 6. All areas where wall signs are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within thirty (30) days of removal of said sign. (Ord. No. 1077, Sec_ 1, 10-21-91) 9405 ADMINISTRATION AND ENFORCEMENT · a Responsibility The Department of Community Developmgnt shall be responsible for the administration and enforcement of the provisions of this chapter. b Interpretations If any ambiguity arises concerning the appropriate application of the sign code, the Di- rector of Community Development shall make the; final decision as to the application of this sign code. In making this determination, the Director shall consider (but not be limited to) the folio.wing items:. 1. Prior administrative interpretation of similar provisions of the sign code. 2. '- The general i!!~.tent and purpose of similar provisions in the sign code. 3. The general intent and purpose of the sign code. 4. The intent and purpose of the zone classification of the property involved. 5. The provisions of the general plan. 6. Any other applicable codes or requirements, legally permitted precedents or other relevant information applicable to the application. A~qy decisions of thc Director ef Community Development may be appealed to the Planning Cornmission pursuant to the appeals procedure in this chapter. c Exceptions When an application for a sign code exception has been submitted to the Community Development Department, the Community Development Director shall have authority to grant or conditionally grant an exception to allow no more than a ten (10) percent increase in height or area of an allowable sign subject to findings contained herein. The Planning Com- REV: 11-91 LU-4-31 TUSTIN CITY CODE EXHIBIT "C" SIGN REGULATIONS 9405c mission shall have authority to grant or conditionally grant all other exceptions to the various sign regulations contained in this chapter subject to the following: 1. Sign size and placement restrictions of this chapter shall be as closely followed as practicable; · - . 2. The intent and purpose of the sign regulations of the land Use zone in which the sign is to be located shall be followed as closely as practicable; 3. There are special circumstances unique to the property to justify the exception; 4. Granting of the exception will not have a negative impact on surrounding properties; 5. The sign application promotes the public health, safety, welfare and aesthetics of the community and that the granting of the exception meets the findings and intent of this chapter. Variance procedure contained in the Tustin Zoning Code does not apply to deviations from the provisions of the sign code. Any request to deviate shall comply with the standards for a sign code exception identified above. Any party dissatisfied with a sign code exception decision may appeal said decision .to the Planning Commission or City Council, as applicable. d Conditional 'Use Permits (CUP) An application for a.conditional use permit for a sign designated in section 9404 b of this chapter shall be processed in accordance with conditional use permit procedures contained in the Tustin Zoning Code. Appeal procedures for conditional use permits shall also be governed by applicable sections of the Tustin Zoning Code. e Nonconforming Signs . A legally established, nonconforming Sign lawfully in existence prior to the adoption date of this ordinance may remain and be maintained, but shall be made to conform to all provi- sions of this chapter if the Director determines that any of the following events occur. 1.. A nonCOnforming sign shall not be changed to another nonconforming sign. ~ 2. A nonconforming sign shall not be structurally altered so as to extend its useful life. .-. A sign shall be considered to be structurally altered if the construction materials are physically rep!accel with new materials. The rcplacemea;, of face copy in a cabinet type sign does not constitute structural alteration. 3. A nonconforming sign shall not be expanded or altered so as to change· the size, shape, position, location or method of illumination of the sign. 4. A nonconforming sign shall not be re-established after discontinuance of the use for ninety (90) days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of ninety (90) days, it shall be presumed that such use has been abandoned. A use shall be presumed to be aban- REV: 11-91 LU-4-32 EXHIBIT "D' LAW OFFICES CASE. KNOWLSON, MOBLEY, BURNETT ~x LUBER ~ P*eT~n~IP mCLUOle4~ pgOFCS~40~AL CO~PO~ATIONS 5 PARK PLAZA. ~UITE 800 IRVINE. CALIFORNIA 9Z714-8501 TELEPHONE (7141 955-1050 TELECOPIER i7141 851-911Z '~ k September 10, 1993 Ref. No. 1524-008 CEI~TIFIED MAIL RETURN RECEIPT REQUESTED · [~". Rick Brown Building Official Community Development Department Building Division] city of Tustin 15222 Del Arno Avenue Tustin, CA 92680 APPEAL OF NOTICE AND ORDER Re: 1782 Nisson Road, Tustin, California A. P.N. No.: 432-021-07 County of Orange · Subject: ModifiCation of Freeway Billboard Sign Located on 1782 Nisson Road Alleged Violation: Tustin City Code Section 9403(a) Uniform Administrative Code Section 301 (a) Dear Mr. Brown: This firm represents National Advertising Company and the owner of the underlying property, Union Bank, Trustee for the Koonce Family Trust;, with. respect to the above-referenced Notice and Order issued by your office dated August 16, 1993. Please consider this letter a fo_~mal notice of appeal and appeal from this Notice and Order. I attempted to call your office to determine whether an appeal form is available, but apparently all city offices are closed today. Since your letter indicated a strict time limitation on the time to appeal and in order to preserve our client's rights, we are therefore submitting this appeal in letter form. If you require us to file a formal appeal Mr. Rick Brown September 10, 1993 Page 2 .,~v. · CASE. KNOWL_ ,o MOBL£Y, 8URNETT & LUBER EXHIBIT "D" form or there are any other requirements for processing this appeal, please advise us of such requirements a~'your earliest convenience. In addition, I would like to make two observations for the record. First, it is unclear from your Notice and Order what the specific charges are and what actionthe city is requiring to bring this sign in alleged compliance with city ordinance. For example, the face of the notice indicates that the violation includes Uniform ~ikding Code Section 301(~), which relates to obtaining building and electrical permits. ~owever, as I indicated to the Tustin City Attorney in our meeting on August 17, 1993, our client is ready, willing and able to submit applications for "as built" building and electrical permits should the City desire us to do so. We have never received any response to this offer.' Accordingly, I will put the.question directly to you. Will the City accept applications for "as build" building and electrical permits to resolve the alleged violation of Uniform Building Code ~ection 301(a)? If not, the 'reference to Uniform Building Code Section 301(a) be stricken in your Notice and Order because the action required is unrelated to the alleged violation. Second, with respect to the alleged violation of Tustin City Code Section 9403(a), our clients object to the jurisdiction of · your department t0'.'resolve th'is issue. The .resolution of this- issue requires interpretation of state law under' the 'California. Outdoor Advertising Act, as discussed in detail in my meeting with the City Attorney, as well as state and federal constitutional law, particularly the First Amendment. These issues are inappropriate for determination by your administrative body. GSM'cma 8R~N.LTR ~ery truly yours, ' ~.~;~_~ z/-:-'  --r. ~ ..C.'--~-~,,'_: --,-. . Gary' S. Mobley,/P. C. of Case, Knowison, Mobley, Burnett & Luber EXHIBIT "E" Community Development Department October 4, 1993 City of Tustin 300 Centennial Way Tustin, CA 92680 CERTIFIED MAIL P 087 435 424 Ms. Patricia Jones Caltrans -- Right of Way Division Outdoor Advertising Branch 1120 North Street, Room 5124 Sacramento, CA 95814 SUBJECT: FREEWAY BILLBOARD SIGN LOCATED ON 1782 ROAD TUSTIN CA Dear Ms. Jones; The City of Tustin Community Development Department is requesting information regarding any relocation agreement or permit issued for the subje.ct sign. If an agreement or permit has been issued, the City requests that we receive a copy of any such approval. In the event that no agreement or permit has been issued, the City requests (714)5733141 written confirmation that no agreement or permit exists. Director (714) 573-3106 Planning & Zoning Info. (714) 573-3140 Building (714) 573-3131 (714) 573-3132 Housing (714) 573-3117 Code Enf(xcement (714) 573-313a (714) S73-314~ Graffiti Hot Une (714) 573-3111 The City further requests that, in the event no agreement or permit exists, no agreement or permit be issued for the subject sign. FAX Machine (714) 573-3113 The City requests a prompt written response in order that we may consider any further information that Caltrans may have regarding .this. sign at an October '25, 1993 City Board"of Appeal'hearimg. If you have any questions please call me at (714)573- 3130. Sincerely, ~-, RJ. ck Brown Building official R8: bm: ca'. t rz-~s, ret cc-Christine Shingleton, Assistant City Manager James Rourke, city Attorney Dan Fox, Senior Planner EXHIBIT %% E fl ) I eSENDEFI: Complete Items I and 2 when additlontl ~ervk:~ ere d~i~..nd c~plete It~ 3 i I $22.'~:~-~ ;~-~ ,o v~ The r~m ~ I ~t~ f~ fm a~ ch~k ~x(~) for ~dltlo~l .~etsl ~um. . _ .. .... ' :.- . - : ~ I ~:~"EAow to ~ ~~. ~-. -~ ~-'.:" ?.-::~2,~-~ g~ .... ....;~ .~ ." - ~ ' t(Ex~ c~e)t '"""':' :' '" ' ..... ~"~A..~T~~ :~~". .... PO~ ~~~. ~u,s~ T~.o,~ '~ OCT $--' 1993 · ', Hz;. X987 , u.s.oa,.o. ,~a74?s-2sa Always o~min ~um of addressee or ~ge~t ~ DATE DELIVERED_. 8. ,e~ld~essee% ~e~s {ONLY ~ ' reque;rt4~d and :fee paid) DOM,~.~¥tC R~.IURN RECEIP ~ P 0.87 435 424 0 Cef1,f~l Fee Sl~,c~al [*)e4,ve~y I=~tr,cl~:l Oe~.ve~-y Fe, e EXHIBIT "F" Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92680 October 6, 1993 Director (714) 573-3106 CERTIFIED MAIL P 087 435 395 National Advertising Company and Union Bank as Trustee c/o Gary S. Mobley, Esq. 5 Park Plaza, Suite 800 Irvine, CA 92714 Dear Mr. Mobley, This letter will serve to provide written notice of the Planning & Zoning Info. (714) 573-3140 (714) 573-3131 (714) 573-3132 Housing (7'14) 573-3117 Code Enforcement (714) 573-3134 time and place of the Board of Appeals hearing regarding U14)~1~ the Notice .amd Order dated August 16, 1993 regarding the ~R~ billboard sign at 1782 Nisson Road, Tustin, California. U14)573-3141 -Sincerely, Graffiti Hot Line (714) 573-3111 FAX Machine (714) 573-3113 Rick Brown Building Official DATE: TIME: LOCATION: Monday, October 25, 1993 6:00 p.m. Tustin City Council Chambers 300 Centennia~ Way Tustin, CA 92680 cc: James Rourke, city Attorney Christine Shingleton, Assistant City Manager RB: 1782ni ss.boa: jk CASE, KNOWLSON, MOBLEY, BURNETF & LUBER COST ADVANCED ACCOUNT ,5 PARK PLAZA, STE. ~30 PH. 714-9.%5-10.C:~ IFIV1NE. C.A 92714 PAY TO 'rile -' OROER OF 2554 9 / 13 19_93 City of Tustin I $ 150.00 .. *******One Hundred Fifty and 00/100'* ~**-** ' ' x DOLLARS -- -~.. ................... ''-.- -.. City o£ Tustin 15222 DelAmo Tustin. C:,hfornia 92680 (714) 544-8890 C !D'" OF TM ;e~ ~ u 1.2I-"'~'-"" ..;'/Jo ,~JE, ~P i4, 1993, 2:55 FH Ras 0~ Validation ReceiPt CHARES- 0103~047~ 0!4795 S!~tDRV ~VENUE 150. Sub-total PAYMENT- Check) Checker CASE, KNO~ Z55~ s Chanee p 087 435 395 NO 1tisURAKC~ COV{ ~k~[ p~OVl{~( O NAT I ONAL~v~?'" CO. PAKr,, rL~L · SUITE 800 -. 5 - SpeOal Oel~"~Y Fe~ tO we~3m and I~ate · ,- Oaie. aod Ad,ess Posln'%a~ o~ Oale o Put your eddree~ In the "RETURN TO" Space on the rever~e =ld~ Failure to do t~l$ will prevent thl~ ....... m f~;-'ot fee wi.". ~ovkle ¥~u the name of the po~tm~t~ for fee~ end check boxte~l TOt mmamonm ~-~ · 1. 0 Show to whom delivered, dete,.mLtd eddre~ee's mddre~. t (£~ ¢/~,;-~)t~. ~ - - ' ' ' ' 4. A~ticle Number , : )SENDER: Complete It4ms I ~nd 2 when additional ~er~;~.;~ ere d-~-'-..;~,, mad ~plm '-~ 3 3. Article Add~ to: .. NATIONAL' ADVERTI S I UNION BANK AS TRU, C/O' GARY S. MOBL 5 PARK PLAZA, I~RVINE, CA 92714 ~igr~ture --'Agent PS Form 3811, Ma:. 1987 P.087 435 395 Type of Service: : O Reg~,e~ O mnsu~-d .; ~C~ c~med 0 COD O Exp,e~ Ma. ~ obtain signature of addressee m'mge~ mad DATE DELIVERED_. 8. ~-es~ee°~ Addre~ (O/VL ¥ if' , requested and fee p~id) , U.S.C~P.O. 1987.178--268 DOMESTIC RETURN REt;EIPT DANIEL A. CASE* ARTHUR R. J<NOWLSON. .JR* HICHArL W. BURNETT* GARY S. NOBLE:Y* {:)AVID M. LUla[R BARRY A, YOCH RICK A. CIGEL MICHAEL F. WRIGHT STERLING A. SMITH PATRICK WALSH SANORA $. W~TZLER PAUL E. UGUOm MARK B. WILSON LINOA J. SINCLAIR RICK AUOUSTINI *A PROFES~ONAL CORPORATION LA',', OFFICES CASE, KNOWLSON, MOBLEY, BURNETT & LUBER A PARTNERSHIP INCLUO< PROFE.~4ONAL COR~'ORATION~* ~AMBO~ C~NT~R 5 PARK PLAZA. SUITE 800 LOS ANGELES IRVI:-/E CALIFORNIA 9~714-85OI z z AVENUE OF 'TH[ 5TARS. SUIT[ 1700 .05 ANG[L[5, CALIFORNIA gOO67 TELEPHONE 17141 955-1050 T[L[PHON[ (310) 55Z-ZTe6 TELECOPIER 1714l 851-9112 T[L[COPIER (310) 552-32Zg September 10, 1993 OF COUNSEL ROBERTO G. BRUTOCOe Ref. No. 1524-008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Rick Brown Building Official Community Development Department BQilding Division] City of Tustin 15222 Del Amo Avenue ' Tustin, CA 92680 .. APPEAL OF NOTICE AND ORDER Re: 1782 Nisson Road, Tustin, California · A.P.N. No~.: 432-021-07.County of. Orange . SubjeCt: -Modification of Freeway Billboard Sign Located on 1782 Nisson Road Alleged Violation: Tustin City Code Section 9403(a) Uniform Administrative Code Section 301 (a) Dear Mr. Brown: This firm represents National Advertising Company and the owner of the underlying property, Union Bank, Trustee for the Koonce Family Trust, with respect to the above-referenced Notice and Order issued by your office dated August 16, 1993. Please consider this letter a formal notice of appeal and appeal from this Notice and Order. I attempted to call your office to determine whether an appeal form is available, but apparently all city offices are closed today. Since your letter indicated a strict time limitation on the time to appeal and in order to preserve our client's rights, we are therefore submitting this appeal in letter form. If you require us to file a formal appeal ATTACHMENT D k a,',,,V OFFICE:':, CASE, KNO'~tL_ JN, IVlOBLEY, BURNETT ~, LUBER Mr. Rick Brown September 10, 1993 Page 2 form or there are any other requirements for .processing this appeal, please advise us of such requirements at your earliest convenience. _. In addition, I would like to make two observations for the record. First, it is unclear from your Notice and Order what the specific charges are and what action the city is requiring to bring this sign in alleged compliance with city ordinance. For example, the face of the notice indicates-that the violation includes Uniform:Building Code Section 301(a), which relates to obtaining . building and electrical permits. However, as I indicated to the Tustin City Attorney in our meeting on August 17, 1993, our client is ready, willing and able to submit applications for "as built" building and electrical permits should the City desire us to do so. We have never received any response to this offer. Accordingly~ I' will put the question directly-to you. Will the City accept applications for "as build" building and electrical permits to resolve the alleged violation of Uniform Building Code Section 301(a)? If not, the 'reference to Uniform Building Code Section 301(a) be stricken in your Notice and Order because the action required is unrelated to the alleged violation. Second, with respect to the alleged violation of Tustin City Code Section .9403(a), ~our clients object to the jurisdiction of your department to ~resolve this issue. The resolution of this issue requires interpretation of state law under the California Outdoor Advertising Act, as discussed in detail in my meeting with the City Attorney, aswell as state and federal constitutional law, particularly the First Amendment. These issues are inappropriate for determination by your administrative body. GSM: cma BROUN. LTR %/ery truly yours, Gary' S. Mobley, ~.. C. of Case, Knowlson, Mobley,'""'Burnett & Luber STATE OF CALIFORNIA - BUSINESS, TRANSP, ,N AND HO;~,,N~ AGENCY DEPARTMENT OF TRANSPORTATION 1120 N STREET P. O. BOX 942873 SAC RAMENTO, CA 94~73-000 ~ 654-5'728 TDD (916) e64-4014 FAX (911]) 854.-495~ October 21, 1993 F~TE WILSON, Governor _ ,~ ~.,_ ,., MR. RICK BROWN, Building Official City of Tustin Community Development Department '300 Centennial Way T~stin, CA 92680 SubJeotl 3M National Outdoor Advertising Display on 1782 Nisson Road, Tustin, California (12-0ra-5-28.77L) Dear Mr. Brown: In response to your letter of October 4, 1993, the Department of Transportation has 'not entered into .a relocation agreement or issued a permit for ~he above referenced display. The Department has determined that the display was relocated in error and must be removed. Mr. Ray Paschke, Government/Community Affairs Manager with 3M National, has been made avare of this de~ermination. Since there are unresolved issues related to the Department project which impacted the.original-displays,. Mr..Paschke will be coordinating '.w!th0uroranga County .Distrlctoffice'to correct'%he sit~atioh as quickly.as possible. " .' " Thank you for your patience in this-matter. If I can be of f~rther assistance, please don~t hesitate to con=act me at (916) 6~4-572.8. · · Sincerely, PATRICIA ~. JONE~ Manager Outdoor Advertising Logo Programs Division Right of Way CC: Mr. Ray Paschke, Government/Community Affairs Manager, 3M National Mr. Ralph Neal, Deputy District Director R/W, District 12 ATTACHMENT E 3 4 5 6 7 9 10 11 13 14 '15 16 17 19 20 :28 RESOLUTION NO. 94-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE DECISION OF THE BUILDING BOARD OF APPEALS DETERMINING THAT 3M NATIONAL ADVERTISING IS IN VIOLATION OF CITY CODE SECTION 9403(a) FOR FAILURE TO OBTAIN A SIGN PERMIT, SECTION 9404al(k) RELATED TO PROHIBITED· SIGNS AND SECTION 9405(e) RELATED TO THE EXPANSION OF A NONCONFORMING SIGN FOR T~E BILLBOARD SIGN CONSTRUCTED AT 1782 NISSON ROAD, TUSTIN, CALIFORNIA. The City Council of the City of Tustin does hereby resolve as follows.: Ie The City Council hereby finds and determines as follows: That on August 16, 1993, the Tustin Building Official issued and properly served a valid Notice and Order advising 3M National Advertising Company that the subject sign had been erected and or modified in violation of Tustin City Code Sections 9403(a), 9404al (k), and 9405(e) and Uniform Administrative Code Section 301(a), and ordering that demolition permits 'be Obtained and the subject ·Sign removed. That by letter dated September '10, 1993, 3M National Advertising Company timely requested an appeal of the Building Official's Notice and Order with respect to TuStin City Code Section 9403(a) and Uniform Administrative Code Section 301(a). 3M National Advertising Company did not appeal the Building Official's determinations regarding Tustin City Code Sections 9404al (k) or 9405(e). Ce That a public hearing before the Building Board of Appeal was duly noticed for 6:00 p.m. on October 25, 1993 at which time the Building Board of Appeals adopted Resolution No. 93-1 upholding the decisions of the Building Official contained in the Notice and Order dated August 16, 1993 requiring the removal of the subject billboard. 1 3 4 5 6 7 9 10 ll 12 13 14 '15 16 17 18 19 20 21 26 28 Resolution No. 94-13 Page 2 De That by letter dated NOvember 1, 1993, 3M National timely requested an appeal of the Building Board of Appeals determination that 3M National is in violation of City Code Section 9403(a). for failure to obtain a Sign Permit for the subject billboard. Ee That a public hearing before the City Council was duly noticed and held on January 3, 1994 to consider said appeal of the Building Board of Appeals' action of October 25, 1993. F. That 3M National did not obtain, nor apply for,. a Sign Permit for the erection and/or modification of the subject billboard as required by Tustin City Code Section 9403(a) and is therefore in violation of ~said code~ section and that a Sign Permit could not be issued for said billboard since City Code Section 9404al(k) prohibits off premises signs, including billboards and out door advertising structures. Ge That the nonconforming billboard sign as previously existed on the.subject property has been altered, replaced' and expanded in violation of City Code Section 9405(e). He That no permits have been granted or issued by Caltrans to construct the subject billboard in accordance with the Outdoor AdVertising Act. II. Based upon the above findings, the City Council hereby upholds the decision of the Building Board of Appeals determining that 3M National Advertising is in violation of City Code Section 9403(a) for failure to obtain a sign permit, Section 9404al(k) related to prohibited signs and Section 9405(3) related to the expansion of a nonconforming sign for the billboard sign constructed at 1782 Nisson Road and hereby orders the immediate removal of the subject billboard as prescribed in Resolution No. 93-1 adopted by the Building Board of Appeals incorporated herein by reference. 3 4 5 6 7 8 9 10 11 12 13 14: -15 16 17 18 19 2O 21 24 26 27 28 Resolution No. 94-13 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, 'held on the 3rd day of January, 1994. JIM POTTS MAYOR Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 94-13 MARY E. WYNN, 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. 94-13 was duly passed and adopted at a regular meeting of the City Council held on the 3rd day of January, 1994, by the following vote: ~--~ COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk