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HomeMy WebLinkAboutPC RES 3096 1 2 3 4 5 6 ! 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 RESOLUTION NO. 3096 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-033, AUTHORIZING THE ESTABLISHMENT OF A VSAT ANTENNA (COMMUNICATION DISH ANTENNA) IN THE PLANNED COMMUNITY (PC) DISTRICT LOCATED AT 2740 BRYAN AVENUE, TUSTIN The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· Be Ce A proper application, Conditional Use Permit 92-033 has been filed by Greer Engineering Co. on behalf of Chevron U.S.A., Inc. requesting auth6rization for the establishment of a VSAT antenna (communication dish antenna), which cannot be fully screened from public right-of- way view, in the Planned Community (PC) District located at 2740 Bryan Avenue, Tustin A public hearing was duly called, noticed and held for said application on October 26, 1992. , The subject premise is located in the Planned Community (PC) District and is designated as Mixed Use in the East Tustin Specific P'an. The VSAT antenna use (communication dish antenna) applied for is conditionally permitted use in all of the Commercial Districts within the Tustin City Code. Do That the establishment, maintenance, and operation of the VSAT antenna use 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 evidence~ by the following findings: The proposed communication network system incorporates new technologies in customer service which reduce wait times and on- site congestion. The new communication system also reduces the number of cash transactions and thus reduces the potential for criminal activity. These 1 2 3 4 ! 8 9 10 11 12 13 14 17 I9 2('} 21 22 2.1 25 27 .~.., I ) Resolution No. 3096 Page 2 improvements will help insure the health, safety, and general welfare of persons residing or working in the neighborhood of the use. · The site is primarily bounded by properties with commercial zoning designations. The proposed location of the antenna is the least visible and offensive for the residential properties and other sensitive properties. The closest residential use, north of the subject property, is located over 150 feet away and the proposed landscaping for the gasoline station will filter views of the canopy and proposed antenna. · The subject property will be required to be maintained in a safe, clean and sanitary manner thus eliminating any potential for unhealthful or injurious site conditions. · The VSAT antenna use is a part of the communication network require for the operation of the gasoline service station. The antenna will be roof- mounted, mostly obscured, and painted to match the structure so as not to be objectional, or a detriment to the surrounding parcels. E· Pursuant to Section 9270b of the Tustin Zoning Code, the dish antenna will not be unreasonably incompatible with uses permitted in surrounding areas with regards to the following characteristics: The VSAT antenna will not create noise, smoke, dust or vibration; hazard from explosion, contamination or fire in that it is intended only for electronic communications. · The VSAT antenna will be located in such a way as to be mostly concealed by the canopy and painted to blend with its surroundings. 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 '~ 1 22 26 27 Resolution No. 3096 Page 3 · The VSAT antenna is proposed to facilitate the efficient handling of customer transactions thus reducing the potential hazard of the congregating of a large number of people or vehicles. F· This project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to section 15303 (Class 3). II. The Planning Commission hereby approves Conditional Use Permit 92-033 authorizing the establishment of a VSAT antenna located at 2740 Bryan Avenue, Tustin, subject to the conditions contained within Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 26th day of October, 1992. ~ Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF TUSTIN I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3096 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of October, 1992. ~R e~Tc H~r~-~ ~ Nn-g C ~AeNc rC Ye tar? EXHIBIT A CONDITIONAL USE PERMIT 92-033 CONDITIONS OF APPROVAL RESOLUTION NO. 3096 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 26, 1992 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code and the approved plans. (1) 1.2 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) 1.3 Approval of Conditional Use Permit 92-033 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 This Conditional Use Permit approval shall become null and void unless building permits are issued within twelve (12) months 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. PLAN SUBMITTAL 2.1 At building plan check the following shall be submitted: (3) A. Three (3) sets of construction plans and two (2) sets of structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Conditional Use Permit 92-033 Exhibit A Resolution No. 3096 Page 2 (2) (3) Be Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. SITE AND BUILDING CONDITIONS (1) 3.1 Ail exterior 6olors to be used shall be subject to (4) review and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.2 The proposed VSAT antenna shall be painted to match the (4) canopy colors. FEES (1) 4.1 Prior to issuance of any building permits, payment shall (3) be made of all required fees including: ae Ail applicable building and grading plan check and permit fees to the Community Development Department. JP:br