Resolution-PC 2001-147• •
RESOLUTION NO. PC2001-147
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04410 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1:
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE
10 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE TRACT OF LAND
DESCRIBED AS PARCEL 4 IN THE DEED FROM U.S. INDUSTRIAL
CHEMICALS, INC., TO NATIONAL DISTILLERS PRODUCTS CORPORATION,
DATED JULY 31, 1951 AND RECORDED DECEMBER 18, 1951 IN BOOK
2265, PAGE 339, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY OF
ORANGE OF SAID COUNTY OF ORANGE; RUNNING THENCE SOUTH 0
DEGREES 01' 30" EAST ALONG THE EASTERLY LINE OF SAID LAND OF
NATI.ONAL DISTILLER PRODUCTS CORPORATION_52.08_FEET TO TNE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES
01' 30" EAST ALONG SAID EAST LINE OF LAND OF NATIONAL DISTILLERS
PRODUCTS CORPORATION 578.66 FEET; THENCE SOUTH 89 DEGREES
58' 30" WEST 14.04 FEET; THENCE NORTH 2 DEGREES 27' 37" WEST 35.33
FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 15.54 FEET
WESTERLY FROM THE BEFORE MENTIONED EAST LINE; THENCE NORTH
0 DEGREES 01' 30" WEST PARALLEL WITH SAID EASTERLY LINE OF LAND
OF NATIONAL DISTILLERS PRODUCTS CORPORATION 364.80 FEET;
THENCE NORTH 1 DEGREES 53' 43" WEST 76.50 FEET TO A POINT ON A
NON-TANGENT CURVE HAVING A RADIUS OF 297.939 FEET, A RADIAL
LINE TO SAID CURVE BEARING NORTH 89 DEGREES 58' 30" EAST FROM
SAID POINT; THENCE NORTHERLY ALONG SAID CURVE, CONCAVE
EASTERLY THROUGH A CENTRAL ANGLE OF 20 DEGREES 02' 26", A
DISTANCE OF 104.21 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER, AND THAT PORTION OF THE
NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
Ql1ARTER OF SECTiON 3, IN TOWNSHiP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF PATT STREET, SAID
POINT BEING NORTH 0 DEGREES 02' WEST 223.25 FEET FROM THE
SOUTHEAST CORNER OF LOT 24 OF GRESSWELL SUBDIV{SION, AS
SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 47, MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE FOR SAID POINT
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OF BEGINNING WEST 224.32 FEET; THENCE NORTH 0 DEGREES 02' EAST
167.34 FEET; THENCE SOUTH 89 DEGREES 57' WEST ALONG THE
CENTERLINE OF AN 8-INCH BRICK PARTY WALL AND SAID CENTER LINE
EXTENDED, 66.57 FEET; THENCE NORTH 0 DEGREES 15' WEST 12 FEET;
THENCE SOUTH 89 DEGREES 59' WEST 52.48 FEET TO THE EASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO U.S. INDUSTRIAL
ALCOHOL CO. RECORDED JANUARY 21, 1927 IN BOOK 1, PAGE 364,
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE NORTH 0 DEGREES 01' WEST ALONG THE EAST
LINE OF SAID LAND DESCRIBED IN SAID DEED TO THE NORTHEAST
CORNER THEREOF; THENCE WEST 365 FEET TO THE INTERSECTION OF
THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF THE LAND
DESCRIBED AS PARCEL 2 IN THE DEED TO U.S. INDUSTRIAL ALCOHOL
CO., RECORDED NOVEMBER 15, 1926 IN BOOK 689, PAGE 83, DEEDS;
THENCE NORTH 0 DEGREES 01, WEST ALONG SAID EXTENDED LINE TO
THE NORTH LINE OF SAID SOUTH ONE-HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE
EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID
SOUTH ONE-HALF; THENCE SOUTH ALONG THE EAST LINE OF SAID
SOUTH ONE-HALF AND THE SOUTHERLY EXTENSION THEREOF TO A
POINT 20 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 20
FEET TO THE POINT OF BEGINNING.
PARCEL 3:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, GRESSWELL
SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6,
PAGE 47, MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY;
THENCE NORTH 0 DEGREES 02' WEST ALONG THE WEST PROPERTY
LINE OF PATT STREET 173.25 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 0 DEGREES 02' WEST ALONG THE WEST
PROPERTY LINE OF PATT STREET 173.25 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 02' WEST ALONG
SAID WEST PROPERTY LIE OF PATT STREET 50 FEET; THENCE WEST 217
FEET; THENCE SOUTH 67 DEGREES 13' 04" WEST 54.23 FEET; THENCE
EAST 238 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
REAL PROPERTY BEING A PORTION OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE
10 WEST, 8AN BERNARDINO BASE AND MERiDIAfV, AiVD MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST PROPERTY LINE OF PTi' STREET,
WHICH POINT IS NORTH 0 DEGREES 02' WEST, A DISTANCE OF 113.25
FEET FROM THE NORTHEAST CORNER OF LOT 24, GRESSWELL
SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6,
PAGE 47, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY;
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THENCE NORTH 0 DEGREES 02' WEST ALONG SAID WEST PROPERTY
LINE OF PATT STREET, A DISTANCE OF 10.00 FEET TO THE NORTHEAST
CORNER OF LAND OF GRANTOR; THENCE WEST 238.00 FEET TO A
POINT; THENCE SOUTH 23 DEGREES 45' WEST, A DISTANCE OF 10.93
FEET TO A POINT; THENCE EAST 242.40 FEET TO THE POINT OF
BEGINNING.
PARCEL 5:
A TRACT OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE
10 WEST, SAN BERNARDINO BASE AND MERIDIAN AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST PROPERTY LINE OF PATTT
STREET, WHICH POINT IS NORTH 0 DEGREES 02' WEST, A DISTANCE OF
113.25 FEET FROM THE NORTHEAST CORNER OF LOT 24, GRESSWELL
SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6,
PAGE 47, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
SAID POINT ALSO BEING THE NORTHEAST CORNER OF LAND OF THE
CITY OF ANAHEIM; THENCE WEST 242.40 FEET TO A POINT; THENCE
NORTH 23 DEGREES 45 EAST, A DISTANCE OF 10.53 FEET TO A POINT;
THENCE NORTH 22 DEGREES 46' 56" EAST, A DISTANCE OF 54.23 FEET
TO A POINT; THENCE WEST 7.32 FEET TO A POINT; THENCE NORTH 0
D.EGRE.ES Q2' EAST, A D.IST_ANCE O.F 167..34 FE.ET_ T_O A. POINT,. SAID _PO.I.N.T
HEREAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 89 DEGREES
57' WEST ALONG THE CENTER LINE OF AN EIGHT INCH BRICK PARTY
WALL AND SAID CENTER LINE EXTENDED, A DISTANCE OF 66.57 FEET TO
A POINT; THENCE NORTH 0 DEGREES 15' WEST 12.0 FEET TO A POINT;
THENCE SOUTH 89 DEGREES 59' WEST, A DISTANCE OF 52.48 FEET TO
THE EXTREME NORTHWEST CORNER OF THE LAND OF THE CITY OF
ANAHEIM; THENCE SOUTH 0 DEGREES 01' EAST 352.51 FEET TO A POINT
OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH
LINE OF LOT 23 OF THE GRESSWELL SUBDIVISION; THENCE EAST
ALONG THE NORTH LINE OF SAID LOT 23 AND ITS WESTERLY
EXTENSION, A DISTANCE OF 194.14 FEET TO THE NORTHEAST CORNER
OF SAID LOT; THENCE NORTH 45 DEGREES 00' EAST 84.84 FEET TO A
POINT; THENCE EAST 89.14 FEET, MORE OR LESS, TO THE WESTERLY
PROPERTY LINE OF PATT STREET; THENCE NORTH 0 DEGREES 02'
WEST ALONG THE WESTERLY PROPERTY LINE OF PATT STREET, A
DISTANCE OF 53.25 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 6:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 3,
TOWPVSHiP 4 SOUTH, RA~IGE 10 WEST, iN THE RANCHO SAiV JUAPV
CAJON DE SANTA ANA, AS SHOWN ON A MAP AT THEREOF RECORDED
IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 23 OF THE
GRESSWELL SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 6,
PAGE 47 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
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COUNTY; THENCE NORTH 45 DEGREES 02, 47" EAST, A DISTANCE OF
84.81 FEET; THENCE SOUTH 89 DEGREES 58' 08" EAST 89.18 FEET;
THENCE SOUTH 0 DEGREES 02' 00" EAST 17.31 FEET; THENCE NORTH 89
DEGREES 58' 02" WEST 89.18 FEET; THENCE SOUTH 0 DEGREES 02' 00"
EAST 42.69 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID
LOT 24 AND THE WESTERLY PROLONGATION THEREOF TO THE POINT
OF BEGINNING.
PARCEL 7:
LOT 23 AND THE WEST 45.08 FEET OF LOT 24 OF THE GRESSWELL SUBDIVISION, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 47, MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY.
TOGETHER WITH THAT PORTION OF THE DEDICATED ALLEY (15.00 FEET WIDE)
LYING BETWEEN SAID LOTS 23 AND 24, AS VACATED, ABANDONED AND CLOSED TO
PUBLIC USE BY RESOLUTION NO. 65R-487 OF THE CITY OF ANAHEIM, A CERTIFIED
COPY OF WHICH WAS RECORDED JULY 15, 1965 IN BOOK 7595, PAGE 49, OFFICIAL
RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 8, 2001 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith;_ and that the hearing was
continued from the August 13, August 27 and September 10, 2001 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.63.050.410 to permit a telecommunication monopole antenna and
accessory ground-mounted equipment.
2. That the proposed use is hereby denied on the basis that said use would adversely affect
the adjoining land uses (which include residences and a city park to the south) and the growth and
development of the area in which it is proposed to be located because of its negative visual impact; and
that the proposed 55-foot high monopole is significant in height and would be seen from the adjacent
residential area, the city park and public streets, and would, therefore, contribute to the visual clutter of
the area.
3. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare of the Citizens of the City of Anaheim; and that the proposed location
of the monopole near Patt Street (rather than being located in relation ta the main building entry) is out of
context and scale with its surroundings.
4. That granting this conditional use permit would be detrimental to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim.
5. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a telecommunications antenna and accessory
ground-mounted equipment on an irregularly-shaped 8.43-acre property located southwest of the
intersection of Commercial Street and Patt Street, having a frontage of 1,280 feet on the west side of Patt
Street, being located 30 feet south of the centerline of Commercial Street, having a maximum depth of
342 feet, and further described as 1075 North Patt Street; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned
findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 8, 2004. J
CITY PLANNING COMMtSSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 8, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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