Resolution Number 85-7-2-1RESOLUTION NO. 85-7-2-1 63
DENYING CONDITIONAL USE PERMIT 85-8 AND
6VLVP. 07-0 - CLHI. LPIB LVI VL .7H18LL11P.
DISH ANTENNA (ALBERT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING
CONDITIONAL USE PERMIT 85-8 AND ZONE VARIANCE
85-6 REQUESTING TO PLACE A SATELLITE DISH
ANTENNA ON THE ROOF OF AN EXISTING COMMERCIAL
STRUCTURE IN THE TOURIST COMMERCIAL (TC) AND
DESIGN (D) STANDARDS DISTRICTS
WHEREAS, the applicants, Donale and Donna Albert, 26755
Verdugo Street, San Juan Capistrano, California, have submitted
an application for a Conditional Use Permit to allow a satellite
dish antenna and a zone variance to locate the antenna on a
rooftop in the TC (Tourist Commercial) and Design (D) Standards
Districts; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will not have a significant
effect on the environment, has accordingly issued a negative
declaration for the project, and has otherwise carried out all
requirements of the California Environmental Quality Act. The
Planning Commission has hereby certified a Negative Declaration;
and,
WHEREAS, a public hearing has been duly noticed and
held to receive public testimony on the applications.
NOW, THEREFORE, the City Council does hereby determine
the following findings for Zone Variance 85-6 as follows:
A. There are not special circumstances associated
with these properties which do not generally apply
to other properties in the neighborhood in that it
is possible to locate a dish antenna that can be
integrated into the building such as developing an
architecturally consistent element on the
one-story portion of the building on either the
west or east wing of the structure consistent with
the general style.
B. The granting of a variance is not necessary for
the preservation and enjoyment of privileges
enjoyed by other properties in the vicinity and
under identified zoning classifications in that
the building is not substantially different in
design from other buildings in the vicinity and
that no other roof mounted antennas have been
granted in the area under identical zoning
classification.
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MK C. The granting of a variance would contribute to the
V development of the property which would be
detrimentally injurious to the historic character
of the area and authetically inconsistent with
recent master planned programs; and,
D. The zone variance is not consistent with the
goals, objectives and policies of the Community
Design Element of the General Plan in that by
placing a satellite dish antenna on the rooftop
would not maintain the authentic preservation of
the building and would depreciate the design
integrity that ensures compatibility of new
development with the historical past.
NOW, THEREFORE, BE IT RESOLVED that the City Council,
based upon the above findings does hereby deny Zone Variance
85-6.
BE IT FURTHER RESOLVED that the City Council does
hereby determine the following findings for Conditional Use
Permit 85-8 as follows:
A. The proposed land use is not in conformance with
the provisions of Title 9 (Land Use) of the
Municipal Code, specifically Section 9-3.609(b)(2)
and Section 9-3.609(b)(4), in that the dish
antenna as proposed is roof mounted.
B. The proposed land use is not compatible with
existing proposed uses within the immediate
vicinity by detracting visually from the
historically significant properties in the
immediate vicinity.
C. The subject property is capable of accommodating
the proposed land use and its associated
development in accordance with the regulations as
noted in Section 9-3.609 of the Municipal Code
addressing the use and installation of satellite
dish antenna.
BE IT FURTHER RESOLVED that upon the preceding
findings, the City Council does hereby deny Conditional Use
Permit 85-6.
PASSED, APPROVED AND AD
July , 1985
ATTEST:
CITY—SLE
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TEM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
65.
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-7-2-1 , adopted by
the City Council of the City of San Juan Cappistrano, California,
at a regular meeting thereof held on the Znd day of
July , 1985 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
(SEAL) yvL_
MARY ANN OVER, CITY CLERK
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66
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 5th day of July . 1985 r
she caused to be posted:
RESOLUTION NO. 85-7-2-1
being: DENYING CONDITIONAL USE PERMIT 85-8 AND
ZONE VARIANCE 85-6 - PLACEMENT OF SATELLITE
DISH ANTENNA (ALBERT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING
CONDITIONAL USE PERMIT 85-8 AND ZONE VARIANCE
85-6 REQUESTING TO PLACE A SATELLITE DISH
ANTENNA ON THE ROOF OF AN EXISTING COMMERCIAL
STRUCTURE IN THE TOURIST COMMERCIAL (TC) AND
DESIGN (D) STANDARDS DISTRICTS
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
MARY ANN VER, CITY CLERK
San Juan Capistrano, California
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ORD. NO .... . RES. NO .....
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"Absent.. ....... is..e+,.j�zt....._._._._--
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Copies sent to.... t�3. tj63,�2 j
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........_.. . Legal Publication ordered to be published
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Remarks ..............
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