Resolution-ZA 1993-01a r
DECISION NO. ZA 93-01
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4209, IN PART
OWNER: IMPERIAL PROPER'T'IES
Attention: James Dobrott
1770xowen Street, Suite #100, Irvine CA 92714
AGENT: NEWPORT GOURMET SERVICE CORPORATION
Attention: Dan Silva or Carolyn Vicario
S00 Newport Center Drive, Suite #740, Newport Beach CA 92660
LOCATION: 5741 East Santa Ana Canyon Road
PUBLIC HEARING DATE: January 7, 1993, continued from December 10, 1992
CEQA STATUS: Categorical Exemption, Class 11
OPPOSITION: No one indicated their presence at the public heazing in opposition to the proposal, and
no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following under authority of Code Section
18.12.060.030 to retain two roof-mounted satellite dishes:
Section 18.84.062.032 - Roof-mounted egpinment in the Scenic Corridor Zone
erl .
(Roof mounted satellite dish antennas specifically
prohibited; two roof-mounted satellite dishes proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.040, to decide the above-referenced petition and public hearing having been duly
noticed for and held on the date set forth above, I do hereby find:
1. That subject proposal for aroof-mounted satellite dish antenna was originally requested and
advertised as a waiver of development standazds under Sections 18.12.060.030 and
1$.84.062.032;
2. That following testimony at the public hearing and submittal of additional information by the
petitioner, approval was granted, in part, to permit one ground-mounted antenna with enclosure
screening;
3. That roof-mounted satellite dish antennas are specifically prohibited in the Scenic Corridor Zone
Overlay, and that approval could establish an undesirable precedent for future similaz requests;
4. That ground-mounted antennas in the CL(SC) "Commercial, Limited -Scenic Corridor Overlay"
Zone aze conditionally permitted uses under Sections 18.12.050.060 and 18.84.062.033;
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5. That subject approval is, therefore, granted pursuant to Sections 18.03.030.030 through
18.03.030.035 "Conditional Use Permits -General" of the Anaheim Municipal Code;
6. 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 because the 10-foot
ground-mounted satellite antenna will be screened to its actual height by the existing restaurant
building and by fencing of a material and color compatible with the existing building;
7. That the size and shape of the site for the proposed use, as granted, is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare;
8. 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
9. That the granting of this use under the conditions imposed will not be detrimental to the peace,
health, safety and general weIfaze of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal to retain two roof-mounted satellite dish antennas in the Scenic Corridor Overlay
Zone with waiver of prohibited roof-mounted equipment on an irregulazly-shaped parcel of land
consisting of approximately 8.06 acres located at the northeast corner of Santa Ana Canyon Road and
Imperial Highway, having approximate frontages of 1,095 feet on the north side of Santa Ana Canyon
Road and 570 feet on the east side of Imperial Highway, and further. described as 5741 East Santa Ana
Canyon Road (Delaney's Restaurant); and that approval is granted for one ground-mounted instead of
two roof-mounted satellite dish antennas; 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 prepaze an E1R.
Based on the evidence and testimony presented to me, I do hereby determine to approve Vaziance No.
4209, in part, subject to the following conditions:
1. That subject property shall be developed similarly to plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on file with the Planning Department
mazked Exhibit Nos. 1 and 5; provided, however:
(a) That only one (1) ground-mounted, ten (10) foot satellite dish antenna shall be permitted
(instead of two [2] roof-mounted antennas);
(b) That the location shall no be in the front setback between Santa Ana Canyon Road and
the existing restaurant building, and that no portion of the antenna shall project any
closer to Santa Ana Canyon than any portion of the restaurant building does; and
(c) That the antenna shall be view-screened to its full height by the existing restaurant
building and by fencing of a material and color compatible with the existing restaurant.
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2. That within a period of two (2) months from the date of this decision, the petitioner shall submit
specific plans to the Zoning Division for review and approval. Said plans shall show the new at-
grade location for the satellite dish antenna and the screen fencing material and color, as
specified in Condition No. 1, above -mentioned. A copy of the approved plans shall then be
filed in subject petition file (Variance No. 4209).
3. That within a period of three (3) months from the date of this decision, the petitioner shall obtain
any necessary permits from the Building Division and shall complete relocation of the ten (10)
foot satellite dish and removal of the smaller satellite dish.
4. That extensions for further time to complete the above-listed 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 fourteenth day of January, 1993.
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 days 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 declaze 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.
DATE: January 14, 1993
Peg ez
Acting Secretary
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