HomeMy WebLinkAboutPC RES 2812 6
7
8
9
10
11
13
14
15
16
17
18
i9
20
~21
22
24
25'
28
RESOLUTION NO. 2812
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING VARIANCE 90-10
PERMITTING AN EXISTING GROUND
MOUNTED SATELLITE DISH ANTENNA AT A
HEIGHT OF 13 FEET WHERE A MAXIMUM
HEIGHT OF 10 FEET IS STATED ON THE
PROPERTY LOCATED AT 2361 FIG TREE
DRIVE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That a proper application for Variance 90-10
has been filed by Robert L. Garvin requesting
approval to permit a existing ground mounted
satellite dish antenna at a height of 13 feet
where a maximum height of 10 feet is stated at
2361 Fig Tree Drive, on the property legally
described as Lot 88, of Tract No. 7813 as
recorded in Miscellaneous Maps Book 344-42 to
47 inclusive.
Be
That a Public Hearing was duly called, noticed
and held for said application on August 13,
1990.
C®
That this project has been determined to be
Categorically Exempt (Class 1) pursuant to the
provisions of Section 15301 of the California
Environmental Quality Act.
De
That a variance from the maximum 10 feet
height restriction for a ground level mounted
satellite dish antenna by the zoning code is
warranted as demonstrated in the following
findings:
·
There are unusual or exceptional
circumstances applicable to the subject
property which do not necessarily apply
to other properties in the same zoning
district due to the constraints to the
property as a consequence of the
helicopter flight patterns as well as
cellular transmissions from the adjacent
industrial district resulting in
increased interference in receiving
transmissions to a satellite dish
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
I9
20
21
22
23
24
25
26
27
28
Resolution No. 2812
Page 2
antenna.
·
Granting the requested variance would not
convey a special privilege to the
property owner which is not enjoyed by
other property owners in the same
district in that while a majority of the
property owners in the Peppertree Homes
development, as well as other parts of
the community, may be able to comply with
the ten (10) foot height standard without
reception interference, several other
properties would be subject to the
adverse impacts from the helicopter
flight patterns as well as the cellular
transmissions from the industrial
district resulting in the need for a
larger satellite dish.
·
The granting of this variance would not
be detrimental to adjacent and
surrounding properties in that the
property owner, as required by the
Peppertree Homeowner's Association and in
accordance with City requirements, has
screened the view of the satellite dish
by utilizing compatible landscape
treatments.
·
The granting of this variance would not
be contrary to the City's General Plan in
that it would not constitute unorderly
development.
II. The Planning Commission hereby approves Variance
90-10 permitting an existing ground mounted
satellite dish antenna installation at a height of
13 feet where a maximum height of 10 feet is stated
on the property located at 2361 Fig Tree Drive,
6
7
8
9
10
11
1~
13
14
15
16
17
18
I9
20
23
~4
25
26
~?
Resolution No. 2812
Page 3
subject to the conditions contained within the
attached Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, he on the 13th day of August, 1990.
DONALD LE
~]'-~l 1~.~ ~'-~ ~'~ ~"-~..,~ Chairman
\
KA~LEE-N'FITZPA~d~-
Secretary
EXHIBIT A
RESOLUTION NO. 2812
CONDITIONS OF APPROVAL
VARIANCE 90-10
GENERAL
(1) 1.1 The proposed subject project shall substantially conform
to submitted plans date stamped August 13, 1990 on file
with the Community Development Department as herein
modified or as modified by the Director of Community
Development.
(1) 1.2 Unless otherwise specified, conditions in this exhibit
shall be complied with prior to issuance of any building
permits for the project, subject to review and approval
by the Community Development Department.
(1) 1.3 Variance approval shall become null and void unless
permits and all construction is completed within 12
months of the date of this exhibit.
(1) 1.4 Approval of Variance 90-10 is contingent upon the
applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
Plan Submittal
(2) 2.1 At building plan check submittal * and prior to issuance
of permits:
(3) a.
Construction plans and structural calculations, are
requirements of the Uniform Building Code and shall
be complied with as approved by the Building
Official.
(1) b.
Provide payment of all required fees as applicable
including plan check and permit fees to Community
Development Department.
Applicant has submitted plans, paid penalty fees for work
without permits, and obtained permits effective May 23, 1990.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQ~% MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN FITZPATRICK, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 2812 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission,
held on the 13th day of August, 1990.
Recording Secretary