93-031 RESOLUTION NO. 93R-31
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 4209.
WHEREAS, after a request for variance to permit two roof-
mounted satellite dishes, was received, a public hearing before the
Zoning Administrator of the City of Anaheim was held upon due and
proper notice, a result of which Variance No. 4209 was granted, in
part, covering the following described property:
PARCEL 1:
THAT PORTION OF LOT 4 OF THE DOMINGUEZ ESTATE,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A LICENSED
SURVEYOR'S MAP FILED IN BOOK 2, PAGE 15 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT
NO. 7470, AS SHOWN ON A MAP RECORDED IN BOOK
326, PAGES 18, 19 AND 20 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, BEING A POINT ON
THE NORTHWESTERLY LINE OF THE SANTA ANA VALLEY
IRRIGATION COMPANY, AS DESCRIBED IN DEED
RECORDED MARCH 7, 1940 IN BOOK 1033, PAGE 362
OF OFFICIAL RECORDS; THENCE ALONG SAID
NORTHWESTERLY LINE, SOUTH 74° 10' 35" WEST
507.09 FEET, NORTH 15° 49~ 25" WEST 3.00 FEET,
AND SOUTH 74° 10' 35" WEST 298.59 FEET TO THE
SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN
DEED TO W.F. GLEASON AND WIFE, RECORDED MAY 22,
1951 IN BOOK 2191, PAGE 226 OF SAID OFFICIAL
RECORDS, BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHWESTERLY
LINE, SOUTH 74° 10' 35" WEST 715.09 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY,
HAVING A RADIUS OF 818.20 FEET, AND WESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
09° 21' 14", AN ARC DISTANCE OF 133.58 FEET TO
A POINT ON THE WESTERLYLINE OF SAID LOT 4, A
RADIAL LINE OF SAID CURVE PASSING THROUGH SAID
POINT BEARS SOUTH 06° 28' 11" EAST; THENCE
ALONG SAID WESTERLY LINE, NORTH 0° 16' 25" WEST
609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE
LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED FEBRUARY 27, 1969 IN BOOK
8885, PAGE 577 OF OFFICIAL RECORDS; THENCE
ALONG THE SOUTHEASTERLY LINE OF SAID LAST
MENTIONED LAND, NORTH 70° 23' 17" EAST 132.19
FEET, NORTH 60° 52' 01" EST 189.71 FEET, AND
NORTH 56° 00' 53" EAST 179.51 FEET TO THE
NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG
SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST
125.13 FEET, SOUTH 50° 34~ 25" EAST 132.00
FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET TO
THE NORTHWESTERLY CORNER OF SAID LAND OF W.F.
GLEASON; THENCE ALONG THE WESTERLY LINE OF SAID
LAST MENTIONED LAND, SOUTH 03° 22' 25" EAST
464.60 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the city Council, on its own motion, caused
the review of said Zoning Administrator action at a public hearing
noticed and held as prescribed by law and, as a result thereof, the
city Council does hereby make the following findings:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted to permit two roof-mounted satellite dishes on
the property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
Section 18.84.062.032 - Roof-mounted e~uiDment in
the Scenic Corridor Zone
Overlay.
(Roof-mounted satellite
dish antennas specifically
prohibited; two roof-
mounted satellite dishes
proposed);and
That said variance be granted 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 marked Exhibit Nos. 1, 4 and 5, and Revision No. 1
of Exhibit Nos. 2 and 3 (Alternate "A"); provided, however:
(a) That only one (1) roof-mounted, ten (10) foot satellite
dish antenna shall be permitted (instead of two [2] roof-
mounted antennas);
(b) That the location shall not 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
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(c) That the antenna shall be view-screened to its full
height by a building material and color compatible with
the existing restaurant.
2. That within a period of two (2) months from the date of this
resolution, the petitioner shall submit specific plans to the
Zoning Division for review and approval. Said plans shall
show the location for the satellite dish antenna and the
screen fencing material and color, as specified in Condition
No. l, 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 the screening 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 wit~ 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.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that adoption of this
Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of February, 1993.
MAYOR OF THE CIT~ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF~AHEIM
JLW:lm
RVAR3209.12
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 93R-31 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 9th day of February, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-31 on the
10th day of February, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 10th day of February, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original
of Resolution No. 93R-31 was duly passed and adopted by the City Council of the City of Anaheim on
February 9, 1993.
CITY CLERK OF THE CITY OF ANAHEIM