The URL can be used to link to this page

Home My WebLink AboutPH 2 USE PERMIT 85-20 11-4-85 PUBLIC HEARING NO. 2 11-4-85 Inter- Co n DATE: November 4, 1985 TO: FROM: SU BJ ECT: APPLICANT: LOCATION: REQUEST: HONORABLE lqAYOR AND CITY COUNCIL COI~qUNITY DEVELOPMENT DEPARTNENT APPEAL OF USE PEP. HIT 85-20 LAWRENCE BENTE 13201 SILVERBIRCH DRIVE APPEAL OF DENIAL FOR USE PERIqlT' NO. 85-Z0 TO ALLOW A 12' DIAJqETER SATELLITE RECEIVING ANTENNA IN THE REAR YARD OF 13201 SILVERBIRCH DRIVE RECOI~qENDED ACTION: That the C4ty Council uphold the Planning Commission decision of September 23, 1985. SL~ARY: On September 9, 1985 this application was heard by the Planning Commission. The applicant requested authorization to retain previously installed satellite dish which does not meet the provisions of .Ordinance No. 926. Accordingly, all satellite dishes in residential areas must meet the following criteria: 1. Height limit ten {10} feet; 2. Antenna must be in rear yard; 3. Antenna must not be visible from public right-of-way view. This particular dish has been installed in the rear yard, however, the antenna exceeds the height restriction and is visible from Olwyn Drive, Silverbirch Drive and Redhill Avenue. A Use Permit is required due to non-conformance to the previously mentioned criteria and the absence of obtaining the required building permits. City Council Report Use Permit 85-20 page two ANALYSIS AND CONCLUSIONS: Use Permit No. 85-20 was continued to September 23, 1985 to allow for further investigation of possibilities for reducing the antenna's visual impact. It was found that, although the antenna is structurally sound, a reduction in height or relocation to avoid further visual impact was not possible. Due to the inability to meet both' the intent of Ordinance No. 926 and reduce the visual impact of the antenna, the Planning Commission denied Use Permit No. 85-20 by the adoption of Resolution No. 2266. As shown by the attached letter of appeal, Mr. Bente states that he should be considered exempt from the requirements of Ordinance No. 926. If Mr. Bente had filed for and had been issued the required building permits, this antenna would be exempt. However, the contractor who installed this antenna did not file for the necessary permits and was not a licensed contractor as evidenced by the attached correspondence from Consumer Affairs. The failure to comply with the required Building DepartmeNt procedures and the subsequent adoption of 'Ordinance No. 926 does not allow this :Department ~o "grandfather" such request~ for the convenience of the 'applicant. The height and visibility criteria of Ordinance No. 926 apply to all newly installed antennas and all others which have been installed without regard to proper permit issuance. LAURA PICKUP, Assistant Planner LP:do attachments Community Development Department City Council City of Tustin 300 Centennial Way Tustin, Ca 92680 Re: Approval of Planning Commission Denial of Use Permit 85-20 Dear Councilpersons This letter constitutes an appeal of the Tustin Planning Commission's September 23, 1985 denial of my application for Use Permit 85-20 for a residential satellite receiving dish. In December 1984 I had installed in my back yard a 12 foot satellite receiving dish for use with my television at my home at 13201 Silver Birch Drive, Tustin. Sometime earlier this year I was told by the Planning DePartment that in order to retain the receiving dish I needed to apply for a use permit for which I filed the appropriate paperwork with the City Planning Commission. I was notified by Laura Pickup of the Planning Department on August 6, 1985 that the application was complete and scheduled September 9, 1985 for a public hearing. The Planning Commission continued the public hearing to September 23, 1985 to obtain further technical information. At the continued hearing the Commission denied the continuance of the use permit. The decision of the Commission was apparently based upon a nonconformance with ordinance 926 and the dishes "visual impact" to the surrounding area. I respectfully request that the City Council review and reverse the decision on the following grounds: l) As recognized by the Planning Commission, all structural specifications have been met.; 2) The antenna does not come within the purview of Ordinance 926 which was passed at the February 4, 1985 City Council meeting, two full months after the installation of the antenna as recognized by the Planning Commission Staff in September 9, 1985 report to the Commission, "Prior to the adoption of ordinance No. 926, the City did not regulate the placement and screening of satellite dish antennae." Hy satelli~ ~ dish should not be subject to this ordinance which was not in effect when it was installed.; 3) Pursuant to the Use Permit process, all of my neighbors within 300 feet of my property were notified of the September 9, 1985 Public Hearing. There were no complaints filed with the Commission and no person present spoke in opposition to the satellite dish. In fact the neighbors with whom I personally spoke were not opposed to the existence of the dish nor have I ever received any such complaints. The only opposition came from an "anonomous" tip according to Laura Pickup, the Staff's spokesperson.; 4) The satellite dish does not create an adverse aesthetic impact in the neighborhood. It is not readily visible except directly opposite my yard on Olwyn Avenue. Based upon each of these grounds, I request that the City Council reverse the Planning Commission's denial of Use Permit No. 85-20. R~spectfully sub~tted~ . Lawrence Bente P.S. Enclosed herewith is the appropriate fee for filing this appeal of $100.00 STATE OF CALIFORNIA~STATE AND CONSUMER SERVICES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT Of CONTRACTORS STATE LICENSE BOARD 28 Civic Center Plaza, Rm 690 Santa Ana, CA 92701 (714) 558-4086 Laura Pickup, Assistant Planner Community Development Department City of Tustin 300 Contennial Way Tustin, CA 92680 October 26, 1985 File ~: SL5-0652 RE: David Chaffey TV and Antenna Jobsite: Bente 13201 Silverbirch Dr. Dear Ms. Pickup, We received your complaint against David Chaffey DBA: Chaffey TV and Anter~, who installed a satellite dish antenna at the above referenced jobsite, and in researching this our office's microfiche records did not list a contractor's license issued to Chaffey. In investigating this complaint, I contacted Mr. Lawrence Bente who is apparently the owner of the jobsite, and discussed this complaint and the possible administrative action the Contractors State License Board could take against ChaffeY. After considering his necesaary involvement if an administrative action were to be filed, Mr. Bente stated that since the satellite antenna installation and performance are completely satisfactory to him, he does not feel he should pursue any type of complaint against Chaffey, whom he believed was l±censed. In light of the above, we are unfortunately unable to continue with this complaint nor issue any administrative action against Chaffey. However, I thank you for your interest in helping this agency by filing complaints against individuals who appear to violating either your laws or ours, and please continue to do so. Thank you, again, for your courtesy and cooperation. If you have any questions, please feel free to call me. Sincerely, C. L. Brown, Consumer Services Representative 1 2 4 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2266 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING CONDITIONAL USE PERMIT NO. 85-20 FOR A SATELLITE DISH ANTENNA AT 13201 SILVER BIRCH DRIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Xo That a proper application, (Use Permit No. 85-20) has been filed by Mr. Lawrence Bente requesting authorization to retain a twelve (12) foot diameter satellite dish in the rear yard of 13201 Silver Birch Drive in the R-i, Single Family zone. B. That a public hearing was duly called, noticed and held on said application. That the establishment, maintenance, and operation of the use applied for will be injurious or detrimental to the property and improvements in the neighborhood of the subject property, and the general welfare of the City of Tustin for the following reasons: , That the intent of Tustin Ordinance No. 926 was to obscure all residential satellite dish antennae from public view. That the use applied for will adversely impact the visual quality of the surrounding neighborhood by reason of its appearance, height and location. II. The Planning Commission hereby denies Use Permit No. 85-20 for the retainment of a twelve (12) foot diameter satellite dish in the rear yard of 13201 Silver Birch Drive. PASSED AND ADO~B~ED at a regular' mee_~Jjg o~ the _Fustin Pl~n~ing Commission, held on the ~/~t'~ day of ~'~./~?/~'d.~.'L ..' , 198._~ . 'DON~,~ ORR, Recording Secretary KATHY WEIL, Chairman