HomeMy WebLinkAboutRES NO 93-12
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BUILDING BOARD OF APPEALS
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:
I. The Building Board of Appeals hereby finds and
determines as follows:
A. 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
Nissan Road (hereinafter the "subject sign"}
in the City of Tustin.
B. That on August 5, 1993, the City issued two
stop work orders to the crew installing the
subject sign.
C. That the August 5, 1993, stop work orders were
valid, appropriate and proper.
D. That the subject sign is owned by 3M National
Advertising Company.
E. 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) , 9404a1 (k} ,
and 94U5(e} and Uniform Administrative Code
Section `s01(a}, a.nd ordering that demolition
permits be obtained and the subject sign
removed.
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BUILDING BOAR ~~' APPEALS
RESOLUTION N0. 93-1
PAGE 2
F. 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 9404a1 (k} or 9405(e}.
G. ghat 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.
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H. 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.
I. 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.
J. 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.
K. `T'hat no representative of either 3M National
Advertising Company ar the underlying property
owner appeared at the hearing of the Building
Board of Appeals.
L. That witnesses were properly sworn and oral
and documentary evidence duly presented to the
Building Board of Appeals.
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BUILDING BOARD ~ l~PPEALS
RESOLUTION NO. yS-1
PAGE 3
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M. 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
GOdeS.
N. 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.
O. That the subject sign is
nonconforming sign.
P. That the subject sign was erecte
benefit of any inspections by
.Tustin, and the City therefore
for determining the structural
the subject sign.
an illegal
'd without the
the City of
has no basis
integrity of
Q. That the subject sign was erected, and has
subsequently been maintained, in violation of
Tustin City Code Section 9404a1 (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 Building
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 for the removal of
the subject sign within 15 days, or by the close or
business an 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 Nat~ior_al Advertising
Company.
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BUILDING BOt~RD ~ APPEALS
RESOLUTION N0. 93-1
PAGE 4
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.
MARJO I SA V ~~~~~~ `"
Chairperson
KATHLEEN CLAN' Y
Secretary
STATE OF CALIFORNIA }
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Kathleen 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 adapted at a special
meeting of the Tustin Building Board of Appeals, held on
the 25th day of October, 1993.
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KA`T'HLEEN CLANG
Secretary
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