HomeMy WebLinkAboutPC RES 3069RESOLUTION NO. 3069
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 92-028, AUTHORIZING THE ESTABLISHMENT
OF A VSATANTENNA (COMMUNICATION DISH ANTENNA)
IN THE CENTRAL COMMERCIAL (C-2) DISTRICT
LOCATED AT 14001 NEWPORT AVENUE, TUSTIN
The Planning Commission of the City of Tustin does hereby
resolve as follows:
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The Planning Commission finds and determines as
follows:
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A proper application, Conditional Use Permit
92-028, has been filed by Full Spectrum
Communications on behalf of Chevron U.S.A.,
Inc. requesting authorization for the
establishment of a VSAT antenna (communication
dish antenna), which cannot be fully screened
from public right-of-way view, in the Central
Commercial (C-2) District located at 14001
Newport Avenue, Tustin.
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A public hearing was duly called, noticed and
held for said application on August 10, 1992.
The subject premise is located in the ~entral
Commercial (C-2) District. The installation
of dish antenna is conditionally permitted in
all of the Commercial Districts within the
Tustin City Code.
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:
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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
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Resolution No. 3069
Page 2
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improvements will help insure the health,
safety, and general welfare of persons
residing or working in the neighborhood
of the use.
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The site is bounded by properties with
commercial zoning designations. The
proposed dish antenna is appropriate for
the site as it does not jeopardize any
sensitive, residential or less-
restrictive commercial uses. The closest
residential use, north of the site, is
over 400 feet away and does not directly
view the proposed antenna.
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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.
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The VSAT antenna use is a part of the
communication network required 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.
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:
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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.
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The VSAT antenna will be located in such
a way as to be partially concealed by an
architecturally compatible mechanical
screen, and painted to blend with its
surroundings.
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Resolution No. 3069
Page 3
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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.
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This project is Categorically Exempt from the
requ. irements of the California Environmental
Quality Act, pursuant to section 15303 (Class
3).
II. The Planning Commission hereby approves Conditional
Use Permit 92-028 authorizing the installation of a
VSAT antenna located at 14001 Newport 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 10th day of August,
1992.
Chairman '
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Resolution No. 3069
Page 4
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.
3069 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 10th day of
August, 1992.
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 92-028
CONDITIONS OF APPROVAL
RESOLUTION NO. 3069
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date-stamped August 10,
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 found 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 92-028 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.
1.5 This Conditional Use Permit shall become null and void
with the termination of or change of service station
operator or supplier contract, or upon sale of property
whichever should occur first. An extension to this
Conditional Use Permit may be granted by the City of
Tustin Planning Commission.
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 - Conditions of Approval
Conditional Use Permit 92-028
Resolution No. 3069
Page 2
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.
(2)
(3)
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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 colors and materials to be used shall
(4) be subject to review and approval of the Director of
Community Development. Ail 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.
(4) 3.2 The subject property shall be maintained in a safe,
clean and sanitary condition at all times.
(1) 3.3 The proposed VSAT antenna shall be screened from view
(4) and painted to match the existing building colors.
FEES
(1) 4.1 Prior to issuance of any building permits, payment
(3) shall be made of all required fees including but not
limited to :
ao
Ail applicable building plan check and permit
fees to the Community Development Department,
including any fees for work without permits.
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