HomeMy WebLinkAboutCC RES 94-13 31
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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 THE BILLBOARD SIGN
CONSTRUCTED AT 1782 NISSON ROAD,
TUSTIN, CALIFORNIA.
The City Council of the City of Tustin does hereby
resolve as follows:
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).
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.
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Resolution No. 94-13
Page 2
II.
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.
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.
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.
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).
That no permits have been granted or issued by
Caltrans to construct the subject billboard in
accordance with the Outdoor Advertising Act.
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.
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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 P~TS
MAYOR
.~~ E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTI~
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: Ports, Saltare!li, Pontious, Pucke[t, Thom.
COUNCILMEMBER NOES: None
COUNCIi~MEMBER ABSTAINED: Xone
COUNCILMEMBER ABSENT: None
E. Wynn, City Clerk