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HomeMy WebLinkAboutPC RES 2538 1 2 4 5 6 7 8 9 10 11 12 13 14 15 IG 17 18 19 21 22 23 24 25 27 28 RESOLUTION NO. 2538 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING VARIANCE NO. 88-7 FOR THE HEADACHE TREATMENT CENTER OF ORANGE COUNTY (DAVID E. SOSIN, M.D.) AT NEWPORT AND MITCHELL AVENUES. 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. 88-7) was filed by the Headache Treatment Center of Orange County (~avid E. Sosin, M.D.) requesting authorization to vary from the requirements of the City of Tustin Sign Code for the installation of a 24 square foot, double faced business identification pole sign (approximately 12'). B. That a public hearing was duly called, noticed and held on said application on Wednesday, October 26, 1988. C. That because of special circumstances applicable to the subject property, relative to size, shape, topography, location or surroundings, a strict application of the Zoning Ordinance does not deprive the subject property of privileges enjoyed by ot-"~-~'~ pr--'~perties in the vicinity and under identical zone classification, evidenced by the following findings' 1. The subject property owner is not being denied a property right possessed by other property owners of office buildings in the commercial district in that, the only existing business identification pole signs in the vicinity are for commercial uses, which are authorized by the Tustin Si gn Code. 2. The subject property is a standard corner lot with good visibility possessing no unusual site conditions with regards to size, shape, topography, location or surroundings. 3. The allowable signs for building identification in the Professional District are: a. wall signs or b. monument signs. One sign (type a or b) shall be authorized for each street frontage for a corner lot, or one double face monument sign. The maximum size of each face shall not exceed 12 square feet. The maximum height of the sign shall not exceed 6 feet. 1 2 4 5 6 l 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 Resolution No. 2538 Page two D. That the granting of a variance as herein provided will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated in that signs shall be related to the standards applicable to the authorized use and development of the property. As stated, a professional office building constructed in the Commercial District shall be limited to the signing authorized for the Professional District as set forth in the Tustin Sign Code. Pole signs are not an authorized type sign in the Professional District and none of the office uses in the vicinity of the subject site have pole signs. E. That this project is categorically exempt from the requirements of the California Environmental Quality Act (Class 11). F. That the granting of the variance as herein provided could establish precedent and a basis for granting future variances of the same type. G. That the granting of the variance as herein provided will be contrary to the intent of the Zoning Ordinance and the public safety, health and welfare, and said variance should not be granted. II. The Planning Commission hereby denies Variance No. 88-7. PASSED AND ADOPTED at a regul~/~i n~eti/ng of the Tustin Pl~anning Commission, held on the 26th day of October, 1988.. PENNI FOLEY,-~ Recording Secretary (/ Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Plann.j, ng Commission of the City of Tustin, California; that Resolution No. ,~)-~/.. was duly passed and adopted at a~egular meeting of the T~p. stin Planning Commission, held on the ~.~t~ day of ~x~[?~.,~f×. . 198.~_,_. ' - ' PENNI FOLEY Recording Secretary