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Resolution-ZA 1990-105'~ • • DECISION OF THE ZONING ADMINISTRATOR - ZA 90-105 HEARING DATES: November 1, continued from the Zoning Administrator meetings of July 26, August 9 and October 4,1990 PETITION: CONDITIONAL USE PERMIT NO. 3313 CEOA STATUS: Categorical Exemption - Class 3 OPPOSITION: There was one person indicating his opposition at the July 26, October 4 and November l public meetings; two people indicated their presence in opposition at the August 9 public meeting; and no correspondence in opposition was received. :OWNER: MARIANA and HELMUT PETERMANN 5213 Rolling Hills Drive, Anaheim CA 92807' LOCATIONS 5213 East Rollins Hills Drive REQUEST: Petitioner. requests approval of conditional use permit under authority of Code Section 18.12.050.060 to permit an existing ground-mounted satellite dish. Having been appointed Zoning Administrator by the Planning Director to decide, the above-referenced. petition, pursuant to Anaheim Municipal Code Section 18.12.020, and a public hearing having been duly noticed for and held on the date set forth above, T do hereby find, pursuant to Sections 18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code: -1. That-the proposed use, as granted, is properly one .for which a conditional use permit is authorized by the Zoning Code; 2. That the .proposed use,. as granted, will. not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use, as granted, in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the peach, health, safety and general welfare of the citizens of the. City of Anaheim. ZD1000ps -1- ZA 90-105 • • Conditional Use Permit No. 3313 Page 2 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal to permit a satellite dish on a rectangularly-shaped parcel of land consisting of approximately 0.25 acre, having a frontage of approximately 73 feet on the north side of Rolling Hills Drive, having a maximum depth of approximately 152 feet, being located approximately 80 feet west of the centerline of Rolling Hills Place, and further described as 5213 East Rolling Hills Drive; and that the Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use Permit No. 3313, in part, subject to the following conditions:. 1. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2; provided, however, that: (a) The existing satellite dish shall be replaced with a dish that has a diameter no larger than seven and one-half (7-1/2) feet; (b) The replacement facility (satellite dish and supporting pole) shall have a maximum height of eight (8) feet; and (c) The replacement satellite dish .shall be a "transparent" type and shall have a color that blends into the surroundings to the greatest extent possible. 2. That the petitioner shall obtain the appropriate permit from the Building Division for the replacement satellite dish and shall request the necessary inspection(s). 3. That following .installation of the replacement satellite dish, the petitioner shall contact the Zoning Division for an inspection to .determine whether the replacement dish is small enough and low enough so as to be visually difficult to see from adjacent and nearby residential properties to the north. If it is determined by staff that the replacement dish is still too visible from the residential properties to the north, then the petitioner shall submit a landscape plan for review and approval by the Planning Department. Said plan shall consist of at least three (3) bushes and shall identify the species, plant size (at time of planting and at time of maturity) and location. Said approved landscaping shall then be installed to provide suitable screening of the satellite dish in the northerly direction within two (2) years after planting. ZD1000ps -2- ZA 90-105 ~~ Conditional Use Permit No. 3313. Page 3 • 4. That within a period of sixty-(60) days from the date of this written decision, Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be .granted in 'accordance with Section 18.03.090 of the Anaheim Municipal Code. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. This decision is made, signed, and entered into the file this eighth day of November, 1990. ~/yrnn %~i,~ ~~ ~iVvcY~~Qi~ . Annika-M. Santalahti Zoning Administrator NOTICE:. This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this decision or unless members of the City Council shall request to review this decision within said 15 days. DECLARATION OF SERVICE BY MAIL.: I do hereby declare under penalty of perjury that on the date set forth below, I did deposit, in the United States Mail, a copy. of the decision to the applicant and did forward.a copy to the City Clerk. DATED: November 8, 1990 _/„/ l~!~aYL~'!~~ ~, ~~~~~~!~ ;?~~~f> Pamela H. Starnes Administrative Assistant ZD1000ps -3- ZA 90-105