Resolution-PC 99-128RESOLUTION NO. PC99-128
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4132 BE GRANTED
VJHEREAS, 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 ss:
PARCEL A:
THAT FGRTION OF THE LEANDRO SERRANO ALLOTMENT OF THE RANCHO
SANTIAGO DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP FILED IN CASE N0. 1192 OF THE DISTRICT COURT OF
THE FIRST JUDICIAL DISTRICT, LOS ANGELES COUNTY, CALIFORNIA; THAT PORTION
OF LOT 6 OF THE JONATHAN V'JATSON TRACT, AS PER MAP RECORDED IN BAOK 2,
PAGES 26-1/2 OF THE RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA; AND THAT PORTION OF LOT 21 IN
BLOCK 36 OF THE YORBA LINDA TRACT, AS PER MAP RECORDED IN BOOK 5, PAGES
17 AND 18 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY, DESCRIBED AS FOL~OWS:
PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 37, PAGE 45 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B:
THAT PORTION OF THE LEANDRO SERRANO ALLOTMENT OF THE RANCHO
SANTIAGO DE SANTA ANA, AS PER MAP FILED IN CASE NO. 1192 OF THE DISTRICT
COURT OF THE FIRST JUDICIAL DISTRICT, LOS ANGELES COUNTY, CALIFORNIA;
AND THAT PORTION OF LOT 6 OF THE JONATHAN WATSON TRACT, AS PER MAP
RECORDED IN BOOf: 2, PAGE 26-112 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL 3 AS SHOV'~N ON A MAP FILED IN BOOK 37, PAGE 45 OF PARCEL MAPS IN
THE OFFICE OF i i;~ ~OUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
PARCEL C:
THAT PORTION OF THE LEANDRO SERRANO ALLOTMENT OF THE RANCHO
SANTIAGO DE SANTA ANA, AS c ER MAP FILED IN CASE N0. 1192 OF THE DISTRICT
COURT OF THE FIRST JUDICIAL DISTRICT, LOS ANGELES COUNTY, CALIFORNIA,
AND THAT PORTION OF LOT 6 OF THE JONATHAN WATSON TRACT, AS PER MAP
RECORDED IN BOOK 2, PAGE 26-1/2 OF THE RECORD OF SURVEYS IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRiBED AS
FOLLOWS:
PARCEL 4 AS SHOWN ON A MAP FILED IN BOOK 37, PAGE 45 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL D:
THAT PORTION OF THE LEANDRO SERRANO ALLOTMENT OF THE RANCHO
SANTIAGO DE SANTA ANA, AS SHOWN ON THE MAP FILED IN CASE N0. 1192 OF THE
CR3687PK.DOC -1- PC99-128
DISTRICT COUNN OF THE FIRST JUDICIAL DISTRICT FOR LOS ANGELES COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE COMMON CORNER OF SECTIONS 4, 3, 9 AND 10 IN TOWNSHIP 4
SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN; RUNNING THENCE
NORTH 0° 36' 45" WEST ALONG THE SECTION LINE, 708.5 FEET TO A POIMT IN THE
CENTER OF RIVERSIDE ROAD AS PAVED BY OP,ANGE COUNTY HIGHWAY
COMMISSION; THENCE NORTH 66° 16' EAST ALONG THE CENTER OF SAID ROAD,
475.68 FEET; THENCE NORTH 23° 27' WEST 107020 FEET TO AN OLD GAS PIPE;
THENCE NORTH 35° 50' EAST ALONG A LINE OF GUM STUMPS 332.6Q FEET TO A
POINT; THENCE NORTH 8° 53' WEST ALONG THE LINE OF AN OLD FENC~ 446.80
FEET; THENCE NORTH 72° 47' EAST 286.65 FEET TO THE TRUE POINT OF BEGINNING
OF THE PROPERTY HEREINAFTER DESCRIB~D; RUNN~NG THENCE NORTH 16° 33'
WEST 119.8 FEET; THENCE NORTH SO° 26' EAST 645.6 FEET; THENCE NORTH 11° 28'
WEST 426.7 FEET; THENCE NORTH 80° EAST 6ti7.50 FEET; TNE~CE SOUTH 0° 22'
EAST 749.25 FEET TO A 2-1/2 INCH FROM PIPE; THENCE SOUTH 77° 08' WEST 1126.7
FEET; THENCE NORTH 18° 24' WEST 256.66 FEET TO TFiE TRlic POINT OF
BEGINNING.
EXCEPT THEREFROM THE EASTERLY 449 FEET OF SAID PARCEL OF LAND, SAID 449
FEET BEING MEASURED ALONG THE SOUTHERLY LINE OF SAID PAf2CEL, AND THE
WESTERLY LINE OF SAID EASTERLY 449 FEET BEING PARALLEL WITH THE
EASTERLY LINE OF SAID PARCEL OF tAND.
ALSO EXCEPT THEREFROM THAT PORTION DESCRIBED AS FQLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SE~IU CERTAIN PARCEL OF LAND;
THENCE ALONG THE EASTERLY LINE OF SAID CERTAIN PARCEL OF LAND NOR7H 0°
42' 33" EAST, 30.74 FEET TO A LINE PARALLEL WITH AND DISTANT NURTHERLN 30
FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID CERTAIN
PARCEL OF LAND; THENCE ALONG SAID PARALLEL LINE SOUTH 78° 08' 09" WEST,
294.22 FEET TO A POINT IN A NON-TANGENT ~URVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 1760 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID
POINT BEARS SOUTH 65° 50' 12" WEST; THENCE NORTHWESTERLY AI.ONG SAID
CURVE THROUGH AN ANGLE OF 1° 15' 59", AN AR~ DISTANCE OF 38.90 FEET TO A
POINT IN SAID CURVE, A RADIAL LINE OF SAID CURVE THROUGH LAST MENTIONEG
POINT BEARS SOUTH 67° 06' 11" WEST, 80 FEET TG A CURVE CONCENTRIC WITH
AND DISTANT SOUTHWESTERLY 80 FEET, MEASURED RADIALLY FROM TliAT
CERTAIN CURVE HEREINABOVE DESCRIBED AS HAVING A RADIUS OF 1760 FEET;
THENCE SOUTHEASTERLY ALONG SAID CONCENTRIC CURVE, CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 1840 FEET, THROUGH AN ANGLE OF 0° 50'
54" AN ARC DISTANCE OF 27.24 FEET TO A POIN ~ IN SAID CONGENTRIC CURVE, A
RADIAL LINE OF SAID CONCENTRIC CURVE THROUGH LAST MENTIONED POINT
BEARS SOUTH 66° 15' 17" WEST, LAST MENTIONED POINT ALSO 6EING A POINT IN A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1030 FEET,
A RADIAL LINE OF LAS7 MENTIONED NON-TANGENT CURVE THROUGH LAS
MENTIONED POINT BEARS NORTH 16° 51' 38" WEST; THENCE SOUTHWESTERLY
ALONG LAST MENTIONED NON-7ANGENT CURVE, THROUGH AN ANGLE OF 8° 51' 57"
AN ARC DISTANCE OF 159.38 FEET TO SAID SOUTHERLY LINE OF SAID CERTAIN
PARCEL OF LAND; THENCE ALONG SAID SOUTHERLY LINE NORTH 78° OB' 09" EAST,
525.58 FEET TO THE POINT OF BEGINNING, AS GRANTED TO THE STATE OF
CALIFORNIA, IN DEEO RECORDED JULY 29,1968, IN BOOK 8673, PAGE 353 OF
OFFICIAL RECORDS.
CR3687PK.DOC -2- pCgg-12g
ALSO EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE CENTERLINE OF
LAKEVIEW STREET, 106 FEET WIDE, AS DESCRIBED IN PARCEL 1 OF DEED
RECORDED NOVEMBER 6, 1970, IN BOOK 9454, PAGE 647 OF OFFICIAL RECOROS.
PARCEL E:
THAT ~ORTION OF THE LEANDRO SERRANO ALLOTMENT OF THE RANCHO
SANTIAGO DE SANTA ANA, AS SHOWN ON THE MAP FILED IN CASE NO. 1192 OF THE
DISTRICT COURT OF THE FIR~T JUDICIAL DISTRICT FOR LOS ANGELES COUNTY,
DESCRIBED AS FOLLOWS:
THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO LOUIS W.
BUSHARD AND JOSEPHNE BUSHARD BY DEED RECORDED IN BOOK 578, PAGE 304
OF DEEDB IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS
ACQUIRED BY THE STATE OF CALIFORNIA BY DEED C2548, RECORDED IN BOOK
8656, PAGE 605 OF OFFIC:AL RECORDS IN SAID OFFICE, BOUNDED SOUTHEAST~RLY
BY THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND
ACQUIRED BY THE STATE OF CALIFORNIA BY DEED 45517, RECORDED IN BOOK 8673,
PAGE 353 OF SAID OFFICIAL RECORDS, SAID CORNER BEING A POINT ON A CURVE
CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1,030.00 FEET; THENCE
SOUTHWESTERLY ALONG THE SOUTHWESTERLY CONTINUATION OF SAID CURVE
FROM A TANGENT BEARING NORTH 64° 16' 35" WEST, THROUGH AN ANGLE OF 8°32'
17", AN ARC DISTANCE OF 153.49 FEET TO THE WESTERLY LINE OF SAID PARCEL AS
ACQi11RED BY SAID DEED C2548.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 7, 1999 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 Anahe(m Municipai Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditionai use permit and to investigate and
make findinps and recommendations (n cannection therewith; and
WHEREAS, sa(d Commission, afler due fnspection, investigation and study made by
itself and in its behalf, and after due consideration of all evfdence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a condit(onal use permit is authorized by
Anaheim Municipal Code Sections 18.21.050.125, 18.41.050.210, 18.44.050.330 and 18.84.062.032 to
construct a roof-mounted telecommunfcations facility on an existing hospital buiiding.
2. That the proposed use will not adversely affect the adjoin(ng land uses and the growth
and development of lhe area in wh(ch it is proposed to be located because this praperty is fuily developed
with an 8-story hospital and med(cal office complex and, with the propose screening, the
telecommunications facility wiil not impact future deveiopment of this site or the surrounding area.
3. That the size and shape of the sfte for the proposed use is adequate to allow fuli
development of the proposal (n a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
That no traffic wiil be generated by the proposed use.
5. Thal granting of this conditional use permit, under the conditions (mposed, will not be
detrimental to the peace, health, safety and general weifare of the cit(zens of the City of Anahefm.
CR3687PK.DOC -3• PC99-128
6. That no one indicated their presence at said public hearing in opposition to the proposal;
and that no correspondence was received in apposition.
CALIFORNIA ENVIRONMENTAL ~UALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a roof-mounted telecommunications facility
on an existin: hospitai building on a 9.5-acre rectangularly-shaped property located at the northwest
corner of Riverdale Avenue and Lakeview Avenue, having frontages of 620 feet on the north side of
Riverdale Avenue and 690 feet on the west side of Lakeview Avenue, and further described as 441 North
Lakeview Avenue (Kaiser Permanente); and does hereby approve the Negative Declaration upon finding
that the declaration reflects the ind2pendent judgment of the lead agency and that it has considered the
Negative Declaratio;~ together with any comments received during the public review process and further
finding on the baais 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 grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That a maximum of three (3), eleven (11) foot wide, antenna arrays with four (4), one (1) foot by four
(4) foot, panel antennas att~ched !o each array ;totaling hvelve (12) panel antennas) shall be
iocated on the existing building, ;~s shown on the approved exhibits; and that the roof-mounted
equipment cabinets shall nof he visible to any public rights-of-way or residentially zoned property
and shall be painted to blend with the roof. Said information shall be specifically shown on plans
submitted for building permits. No additional or replacement antennas shall be permitted without
prior review and approval by the Planning Commission.
2. That no signs, flags, banners or any other form of advertising or identification shall be attached to
the proposed antenna arrays.
3. That all cables for the antenna arrays and panei antennas shall be Flush mounted or covered and
painted to match the building. Said information shall be specifically shown on plans submitted for
building permits.
4. That the owner of subject property shall submit a letter to the Zoning division requesting termination
of Conditional Use Permit No. 1378 (to establish a private educational institution with waiver of
minimum number of parking spaces).
5. That the subject property shall be developed substantially in accordance with the pians and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department mark.ed Exhibit Nos. 1, 2, 3, 4 and 5; and as conditioned herein.
6, That prior to issuance of a permit by the Building Division or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 1, 3 and 4, 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.
7. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be
complied with.
S. That approvai of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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 regardin~ any other applicable ordinance, regulation or requirement.
CR3687PK.DOC -4- PC99-128
BE IT FURTHER RESOLVED that the A~~aheim City Planning Commission does hereby
find and determine that adoption of this Resolufion is expressly predicated upon applicanYs compliance
with each and all of the conditions herelnabove set forth. Should any such aondition, or any part thereof,
be declared invalid or unenforceable by the finai judgment of any court of ompetent jurisdiction, then this
Resolution, and any approvals herein contained, shal e de med nu vo .
THE FOREGOING RESOLUTION w opte the I ni ommission meeting of
July 7, 1999. ~
CHAIRPER~l, X(N~IM'CITY PLANNING COMMISSION
ATTEST:
~S~Gk(7LGd~
SECRETARY, ANAH IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHFIM )
I. ^Aargarita Solorlo, Secretary of the Anaheim C?b; Planning Commission, do hereby certify
that the foregoing resolution was pass2d and adopted at a meeting of the Anaheim City Planning
Commission held on July 7, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF,1 have hereunto set my hand this ~_ day of
__~~~ 1999.
/~~~z'~ o~l9~Cg~
SECRE7ARY, AHEIM CITY PLANNING COMMISSION
CR3687PK.DOC -5- PC99-128