HomeMy WebLinkAboutPH 1 VARIANCE 81-10 12-21-81DATE:
TO:
FROM:
SUBJECT:
December 21, 1981
PUBLIC HEARING NO. 1
Inter-Corn
Honorable Chairman and Planning Agency Members
Community Development Department
Variance 81-10
Applicant:
Location:
Request:
Mr. Harry Hong/Ho Ho Restaurant
17460 £. 17th Street, Enderle Center
To vary with Tustin Sign Ordinance 684 and retain the existing
monument sign.
RECOFg4ENOED ACTION
Staff recommends that the Agency approve Variance 81-10 by the adoption of
Resolution No. 2012.
BACKGROUND
On July 2, 1979 the Planning Agency granted a variance for a 20.76 square foot
monument sign for Delaney's Salty Sam's restaurant located at the subject
location. Since that time, the tenant has changed and the applicant has opened
a Chinese restaurant in the vacated unit. The face of the monument has been
changed to reflect the new restaurant. A building permit for that change in
sign face was issued on April 27, 1981.
While reviewing past variance requests for Enderle Center in preparation of the
staff report for the Liquor/Deli variance (November 16, 1981), it was realized
that as a condition of approval for the Salty Sam's variance, the sign was to
be "removed upon vacation of the premises by the Salty Sam's 'restaurant.'
(Resolution 1821, IIB.) Subsequently, the City Attorney's office was contacted
and staff was advised to require another variance request for the new face.
DI~USSION
As advised by the City Attorney, staff notified the applicant and Enderle
Center management and an application for a variance was submitted.
The original variance was granted based on the determination of the Agency that
a restaurant use at this particular location would be at a disadvantage unless
the variance was granted, in that other restaurants in the Center were permited
monument signs. Staff feels that the conditon calling for the removal of the
sign upon Salty Sam's leaving should have not been specifically directed at
Salty Sam's, but instead worded to cover restaurant uses in general. In this
Planning Agency Report/V.81-10 -2-
December 21, 1981
manner, the condition would have ensured that the necessary consistancy needed
to justify the hardship is maintained.
Further, staff is of the opinion that a variance cannot be tied to an
individual operator or owner but rather should run with the use of the land
based on legal actions in that regard. The applicant maintains and staff
concurs that the use and the circumstances affecting it have remained the same
and a change of name or tenant should not affect the grant of permission for
use of said sign.
JSD/mi
1 RESOLUTION NO. 2012
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, A~PPROVING VARIANCE B1-10 TO
ALLOW A 20.76 SQUARE FOOT MONUMENT SIGN AT
17460 EAST SEVENTEENTH STREET, ENDERLE CENTER
The Planning Agency of the City of Tustin does hereby resolve as fol-
lows:
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I. The
A.
Planning Agency finds and determines as follows:
That a proper application (Variance No. 81-10), was filed on
behalf of Mr. Harry Hmng, requesting ~,uthorization to vary
with the requirements of the Tustin Sign Code to allow a
20.76 square foot monument sign at 17460 E. 1?th Street,
Enderle Center.
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That a public hearing was duly called, noticed and held on
said application.
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That because of special circumstances applicable to the sub-
Ject property, relative to size, shape, topography, location
or surroundings, a strict application of the Zoning Ordinance
is found to deprive the subject property of privileges enjoy-
ed by other properties in the vicinity and under identical
zone classification, evidenced by the following findings:
1. The use is in conformance with the land use element of
the Tustin Area General Plan.
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That the other restaurants in the center are authorized
monument signs, and due to the competitive nature of
restaurants, a hardship does exist.
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That the granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and dis-
trict in which the subject property is situated.
E. That this project is categorically exempt from the require-
ments of the California Environmental Quality Act.
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That the granting of the variance as herein provided will not
be contrary to the intent of the Zoning Ordinance or the pub-
lic safety, health and welfare, and said variance should be
granted.
II. Planning Agency hereby grants a variance as applied for, to
authorize the maintenance of a 20.76 square foot monument sign
for 17460 E. 17th Street, subject to the following conditions:
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Resolution No. 2012
Page 2
December
That the sign variance is granted for the subject location
for a restaurant use only. Any future tenants operating a
restaurant shall be allowed, with the proper permits to
change the face of the sign.
PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Agency,
held on the ~day of , 1981.
James B..Sharp, Chairman
Maria Ivory
Recording Secretary