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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.
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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