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Resolution-ZA 1992-54'-`. i • DECISION NO. ZA 92 54 A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT NO. 3558 OWNER: MERVYN'S 25001 Industrial Blvd. Haywazd, CA 92545 AGENT: FIELDS HARTWICK ARCHITECTS P. O. Box 556 Sonoita, Arizona 85637 LOCATION: 8100 East Santa Ana .Canyon Road (MERVYN'S~ HEARING DATE: October 29, 1992 CEQA STATUS: Categorically Exempt, Class 1l OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. REQUEST: Petitioner requests approval of a conditional use permit under Code Sections 18.12.050.060, 18.74.020 and 18.84.062.033 to .permit aground-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, I do hereby find, pursuant to the Sections 18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the azea in which isproposed to be located because (a) the overall height will not exceed 12 feet above ground level (the maximum permitted by Code), (b) the satellite dish antenna is completely screened from view from ,adjacent properties by a significant grade differential and/or by buildings, and (c), since it will be located. to the rear of existing commercial buildings in a truck loading area on a service driveway, it cannot be seen from any adjacent or neazby streets; 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular azea 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 za-3558.wp -Page 1 - ZA92-54 • Conditional Use Permit No. 3558 5. That the granting of this conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfaze of the citizens of the City of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to permit aground-mounted satellite dish an irregulazly-shaped parcel of land consisting of approximately 85 acres located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road, having approximate. frontages of 2,170 feet on the south side of Santa Ana Canyon Road and 850 feet on the west side of Roosevelt Road, and further described as 8100 East Santa Ana Canyon Road. (Mervyn's in the Anaheim Hi11s Festival Center); and that the Planning Director or his authorized representative has determined that the proposed project-falls within the definition of Categorical Exemptions, Class 11, as defined in the State of California Environmental Impact Report (E1R) Guidelines and is, therefore,. categorically-exempt from the requirement to prepare an EIR. Based on the evidence and testimony presented to me, L do hereby determine to approve Conditional Use Permit No. 3558, 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 aze on file with the Planning Department marked Exhibit Nos. 1 and 2. 2. That the petitioner shall obtain any necessary permits from the Building Division for subject satellite dish antenna. 3. That prior to issuance of a building permit or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. l and 2, 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. 4. 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 regazdwg any other applicable ordinance, regulation or requirement. This decision is made, signed, and entered into the file this third day of November, 1992. a an ~ ti 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 is decision within said 15 days. za-3558.wp -Page 2 - ZA92 54 ~ • Conditional Use Permit No. 3558 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 forwazd a copy to the City Clerk. DATED: November 3, 1992 ~~i~y~y`~ ~` Pamela H. Starnes Administrative Assistant za-3558.wp -Page 3 - ZA92-54