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HomeMy WebLinkAboutPC RES 30551 2 3 4 5 6 7~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 26 27 RESOLUTION NO. 3055 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-017, AUTHORIZING THE ESTABLISHMENT OF A VSATANTENNA (COMMUNICATION DISH ANTENNA) IN THE RETAIL COMMERCIAL (C-l) DISTRICT LOCATED AT 17241 SEVENTEENTH STREET, 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 92-017, has been filed by Burke Enterprises on behalf of Chevron U.S.A., Inc. requesting authorization for the establishment of a VSAT antenna (communication dish antenna) in the Retail Commercial (C-l) District located at 17241 Seventeenth Street, Tustin. B® A public hearing was duly called, noticed and held for said application on July 13, 1992. Ce The subject premise is located in the Retail Commercial (C-i) District. The installation of dish antenna is conditionally permi{ted in all of the Commercial Districts within the Tustin City Code. 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: · 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 improvements will help insure the health, safety,, and general welfare of persons 1 2 3 4 5 6 7 8 9 10 11 12: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3055 Page 2 residing or working in the neighborhood of the use. · The site is bounded by properties zoned with Commercial District 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 on Carroll Way, is approximately 200 feet away and does not directly view the 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. Ee 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 partially concealed by the building roof, and painted to blend with its surroundings. · 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. Ge 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 92-017 authorizing the installation of a 1 2 3 4 5 6 7 8: 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3055 Page 3 VSAT antenna located at 17241 Seventeenth Street, 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 13th day of July, 1992. ~_DEN L. /BAKER / Chairman IQkTHLEEN CLANCY- Secretary 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. 3055 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of July, 1992. KATHLEEN CLANCY Recording Secretary/ EXHIBIT A CONDITIONAL USE PERMIT 92-017 CONDITIONS OF APPROVAL RESOLUTION NO. 3055 GENERAL (1) 1.1 The proposed project shall substantiall~ conform with the submitted plans for the project date stamped July 13, 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 92-013 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 *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A - Conditions of Approval Conditional Use Permit 92-017 Resolution No. 3055 Page 2 (2) B. (3) 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 ~ND BUILDING CONDITIONS (1) 3.~ All exterior colors to be used shall be subject to (4) review and approval of the Director of Community Development. 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. (4) 3.Z 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/or painted to match the existing building colors. The antennae height shall not exceed the ' maximum height allowed in the C-1 District (35 feet) . FEES (1) 4.~ Prior to issuance of any building permits, payment (3) shall be made of all required fees including but not limited to : A. All applicable building plan check and permit fees to the Community Development Department, including any fees for work without permits. JP:r~rn