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RESOLUTION NO. 2578
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA DENYIN~ VARIANCE 89-1 REQUEST TO
CONSTRUCT TWO NEW DOUBLE FACED BILLBOARDS AT HEIGHTS OF 60
AND 65 FEET, TO REPLACE THREE EXISTING SINGLE FACED
BILLBOARDS THAT WILL BE REMOVED AS A RESULT OF THE I-5
FREEWAY WIDENING AT 1501 NISSON ROAD.
The Planning Commission of the City of Tustin does hereby resolve as
follows-
I. The Planning Commission finds and determines as follows'
A. That a proper application, (Variance No. 89-1), has been filed
on behalf of Eugene F. Tutt requesting permission to construct
two new double faced billboards at heights of 60 and 65 feet,
that will replace three existing single faced billboards that
will be removed as a result of the I-5 freeway widening at 1501
Nisson Road.
B. That a public hearing was duly called, noticed and held for said
application on April 10, 1989.
C. That the request does not meet zoning and sign code requirements
for the following reasons'
1. Outdoor advertising is not a permitted commercial use in the
C-1 zone. (Section 9232)
2. The City's Sign Code prohibits off-premises signs
(billboards). (Section 9444)
3. The proposed 60 and 65 foot heights of the billboards exceed
the 35 foot maximum height permitted in the C-1 zone.
(Section 9232)
4. Provisions of the City's code on non-conforming structures
and uses require a structure to comply with the present code
should its reconstruction exceed fifty percent of its
value. (Section 9272)
5. The Tustin's City Code prohibits non-conforming uses
(outdoor advertising) from being expanded (fourth sign face)
beyond what is existing. (Section 9273)
6. The sign code requires that non-conforming billboards be
removed by May 1, 1978. (Section 9462)
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Resolution No. 2578
Page two
7. The sign code states that a change in sign identity
(billboard sign face) requires conformance with present
requirements.
D. That the findings required to grant a standards variance cannot
be made for the following reasons:
1. There are no unusual or exceptional circumstances applicable
to the shape, size, topography, location or intended use of
subject property which do not necessarily apply to other
properties in the same zoning district; in that the subject
property could be developed with other commercial
improvements permitted throughout the C-1 zoning district.
The same types of improvements are available to the subject
property owner as are available to all other property owners
in the C-1 district.
2. Granting the requested variance would convey a special
privilege to the property owner which is not enjoyed by
other property owners in the same zoning district; in that
all other property owners, including those affected by the
freeway widening, must comply with the requirements of the
Zoning and Sign Codes when altering their sites or
improvements.
3. The granting of this variance may be materially detrimental
to adjacent and surrounding properties, in that the
continued and increased presence of billboard signs on the
subject property may result in a visual and aesthetic
nuisance to heavy traffic and neighboring properties,
including residential properties to the south of the subject
property that would be brought into closer proximity to the
billboards as a result of this variance.
4. The granting of this variance would be contrary to the
General Plan in that the Scenic Highways Element of the
General Plan requires that signs oriented toward the freeway
system shall be in compliance with the City of Tustin Sign
Ordinance.
E. That the request includes a use variance which is not permitted
by State Planning Law.
II. The Planning Commission hereby denies Variance 89-1 for two, double
faced, 60 & 65 foot tall, monopole billboards on the property located
at 1501 Nisson Road.
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Resolution No. 2578
Page three
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PASSED AND ADOPTED at a regular.meeting of the Tustin Planning Commission,
held on the 10th day of April, 1989. .
P~enni Foley ~
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planni_ng Commission of the City of Tustin, California; that
Resolution No. ~._~-~j7 was duly passed and a. dopted at a regular meeting of
the ~T~sttn Planning ~'ommi~ston, held on the .../,~'~'~lay of ~ ,
198
I~NNI FOLEY
Recording Secretary