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Resolution-ZA 1993-39` ~ • DECISION NO. ZA93 - 39 A DECISION OF THE ZONING ADMINISTRATOR APPROVING CONDITIONAL USE PERMIT NO. 3612 OWNER: LINDA CINDER 5815 EAST PASEO DE SOTO, ANAHEIM, CA 92807 LOCATION: 5815 East Paseo De Soto HEARING DATE: June 24, 1993 CEQA .STATUS: CATEGORICAL EXEMPTION, CLASS 3 OPPOSITION: No one indicated their presence at the public hearing in opposition; and one letter in opposition and one petition in opposition was received REQUEST; Petitioner requests approval of a conditional use permit under authority of Code Sections .18.12.050.060 and 18.84.042.040. to retain an existing ground-mounted satellite dish antenna in the Scenic Corridor Zone Overlay. 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 area in which it is located because, in addition to its being screened by a 6- foot fence along the nearby property lines, the antenna is camouflaged by its placement under an umbrella on a patio table; 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 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 this conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to retain an existing ground mounted satellite dish antenna in the Scenic Corridor Zone Overlay on anirregularly-shaped parcel of land consisting of approximately 0.16 acre located at the eastern terminus of Paseo De Soto, having a frontage of approximately 40 feet, having a maximum depth za3612.wp -page 1 of 2 - ZA93-39 • of approximately 117 feet, being located approximately 175 feet east of the centerline of Calle De Gama, and further described as 5815 East Paseo De Soto; 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 of California Environmental Impact Report (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. 3612, 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; including that: (a) The satellite dish shall remain at a location a minimum of twelve (12) feet from the north property line and a minimum of five and one-half (Slh) feet from the rear property line; (b) Its height shall not exceed ten and one-half (10'h) feet; (c) Its diameter shall not exceed seven (7) feet; and (d) It shall remain camouflaged by a patio table umbrella cover, or landscaping shall be planted along the adjacent property lines for a minimum., distance of twenty (20) feet in each direction (as measured from the intersection. of the north and east property lines) and shall consist of trees and/or bushes which have received prior Planning Department approval as to species, size, placement and number of plants. 2. That, if a permit is required by the Building Division, the property owner shall obtain such permit within a period of three (3) months from the date of this decision. 3. 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 first day of 7uly 1993. Annika . 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 1 a s 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. DATE: July 1, 1993 Pamela H. Starnes Administrative Assistant za3612.wp -page 2 of 2 - ZA93-39