HomeMy WebLinkAboutCC RES 88-12710
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RESOLUTION NO. 88-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING THE APPEAL FOR VARIANCE NO.
88-7 FOR THE HEADACHE TREATMENT CENTER OF ORANGE
COUNTY (DAVID E. SOSIN, M.D.) AT NEWPORT AND
MITCHELL AVENUES.
The Clty Council of the Ctty of Tustin does hereby resolve as follows:
I®
The City Council finds and determines as follows'
A®
That a proper application, (Variance No. 88-7), was filed by the
Headache Treatment Center of Orange County (David 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
application on Monday, November 21, 1988.
held on said
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
deprive the subject property of privileges enjoyed by other
properties in the vicinity, evidenced by the following findings'
®
The subject property owner is being denied a property right
possessed by other proper~ owners of buildings in the
vicinity of the subject property, in that there are
existing business identification pole signs in the vicinity
of the subject site.
®
The subject property is a corner lot wi th vi si bility that
is somewhat obsecured by activities on adjacent properties
causing the property owner undue hardships necessitating a
larger sign.
That the granting of a variance as herein provided will
constitute a grant of special privilege inconsistent with
limitations upon other properties in the vicinity in which
subject property is situated, in that there are other uses
the vicinity of the subject site having pole signs.
not
the
the
in
E®
That this project is categorically exempt from the
of the California Environmental Quality Act (Class
requirements
11).
Fo
That the granting of the variance as herein provided would not
establish a precedent and a basis for granting future variances
of the same type in that each Variance request must be evaluated
and a determination made in accordance to its own merits.
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Resolution No. 88-127
Pa ge two
Ge
That the granting of the variance as herein provided will not be
contrary to the intent of the Zoning Ordinance and the public
safety, health and welfare, and said variance should be granted.
H. Final sign plans shall require.the review and
Community Development Department.
approval of th(
II.
The City Council grants a variance as applied for,
installation of a 24 square foot, double
identification pole sign (approximately 12' high)
Avenue subject to the following conditions'
to authorize the
faced business
at 14111 Newport
Ae
The proposed project shall substantially conform with the
submitted sign plans for the project on file wi th the Community
Development Department, as herein modified, or as modified by
the Director of Community Development.
Be
Unless otherwise specified, the conditions contained herein,
shall be complied with prior to the issuance of any building
permit for the project, subject to review and approval by the
Community Development Department.
Ce
Sign plans shall be provided which contain
all work shall conform to the Uniform Sign
shall be required prior to installation.
footlng detatls and
Code. Si gn permits
D. The proposed sign shall be
face on Newport Avenue.
located a minimum of 4'
from the wall
·
E. The applicant shall sign and return an "Agreement to
Imposed" form as provided by the Community
Department.
Condition~
Developmen~
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
the 5th day of December, 1988.
held on
MARY WY~, - U
Ci. ty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 88-127 was duly and regularly introduced, passed and adopted at a
regular meeting of t~e City Council held on the 5th day of December..,..1988., by the
following vote' -
AYES :
NOES :
ABSTAI NED:
ABSENT:
COUNCILPERSONS:
COUNCILPERSONS:
COUNCILPERSONS:
COUNC I LPERSONS:
Edgar, Hoesterey, Prescott
Kelly, Kennedy
None
None
MARY E. W~N, city(~l'6rk
.........
City of T~tin, California