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HomeMy WebLinkAboutPC RES 3119 1 2 3 4 5 6 1 8 9 10 12 ~3 14 15 17 18 19 22 23 24 25 26 27 28 RESOLUTION NO. 3119 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-002, AUTHORIZING THE ESTABLISHMENT OF A ROOF MOUNTED SATELLITE DISH ANTENNA IN THE SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT LOCATED AT 17721 ANGLIN LANE, TUSTIN The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· A proper application, Conditional Use Permit 93-002, has been filed by Roland C. de Aenlle, requesting authorization for the installation of an existing roof mounted satellite dish antenna in the Single Family Residential (R-i) District located at 17721 Anglin Lane, Tustin. Be A public hearing was duly called, noticed and held for said application by the Planning Commission on February 8, 1993. C· City Code Section 9270b(f) authorizes dish antennae located in residential zones exceeding three (3) feet in diameter and roof mounted, subject to the issuance of a Conditional Use Permit. De That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: Although the site is bounded by properties with residential zoning designations and uses, the subject dish antenna would not adversely affect these properties as the dish antenna is only minimally visible from the public right- of-way and the majority of nearby residences. 1 2 3 5 6 l 8 9 10 11 12 ~13 14 ~5 ]6 17 18 ~19 20 21 22 23 25 26 27 28 Resolution No. 3119 Page 2 · The dish antenna is most visible to those properties directly adjacent to the subject property, at 17711 and 17731 Anglin Lane. However, the dish antenna is visible primarily from the rear yards of those properties rather than from locations within the homes. The visual impact is further reduced by the house itself, by providing a partial backdrop for the roof, and extensive landscaping in the rear yard. In addition, the mesh screening of the dish is less obtrusive than an opaque dish or a room addition at the same location because it does not produce shade or shadow. E® · The color of the dish antenna is unobtrusive and blends well with its surroundings. This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to section ~5303 (Class 3) . II. The Planning Commission hereby approves Conditional Use Permit 93-002 authorizing the installation of a roof mounted satellite dish antenna located at 17721 Anglin Lane, Tustin, subject to the conditions contained within Exhibit A attached hereto and incorporated herein by reference. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3119 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of February, 1993. KATHLEEN CLANCY Secretary Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CI2~NCY, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3119 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day February, 1993. Secretary EXHIBIT A CONDITIONAL USE PERMIT 93-002 CONDITIONS OF APPROVAL RESOLUTION NO. 3119 GENERAL (1) 1.1 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.2 Approval of Conditional Use Permit 93-002 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.3 This Conditional Use Permit approval shall become null and void unless building permits are issued within ninety (90) days of the date of this Exhibit. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. *** 1.4 Conditional Use Permit shall be valid only for the term of Condition 3.3. Upon any reconveyance, transfer, sale or refinancing of the property at 17721 Anglin Lane, Conditional Use Permit 93-002 shall become null and void. PLAN SUBMITTAL (3) 2.1 At building plan check, specifications and details of the antenna and mounting support shall be submitted. SITE AND BUILDING CONDITIONS (4) 3.1 Any change to existing satellite dish color shall be subject to review and approval of the Director of Community Development. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Conditional Use Permit 93-002 Conditions of Approval- Resolution No. 311'9 Page 2 (4) 3.2 Applicant shall replace the two existing fruit trees along west property line with two trees at least 15 gallons in size. One additional tree at least 15 gallons in size shall be planted directly west of the existing balcony. Species of the trees shall be approved by the Director of Community Development prior to planting. These trees must have an expected mature height of at least twenty (20) feet, be planted prior to April 1, 1993, and be maintained in a healthy condition. *** 3.3 That the applicant agree to sign a deed restriction on the subject property approved as to form by the Community Development Department and the City Attorney, requiring removal of the subject dish antenna or reinstallation in compliance with Tustin City Code Section 9271y,(criteria for dish antenna installation, requiring installation of a dish antenna at ground level), upon reconveyance, transfer, sale or refinancing of said property with the exception of a living trust transfer. A'I~'I'A(jHMEN'i' CUP 9 3-OO 2 A AR EA MAP DR. LAURIE LN L~MET REF.. Wy SHADE L ..DR. 17721 ANGLIN LANE VICI.NIT'~ MAP V,,/ ~E BACK YARD B^L 01'4 DISN /772/,zW~L/tV S I b EV4ALK A/¢/_ / h/ ATTACHMEN'~I' VIEW FROM BALCONY VIEW FROM REAR YARD VIEW FROM REAR YARD VIEW FROM ANGLIN LANE