Resolution-PC 2016-039RESOLUTION NO. PC2016-039
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY
COUNCIL APPROVE ADDENDUM NO. 5 TO THE
PREVIOUSLY -CERTIFIED REVISED PLATINUM TRIANGLE
EXPANSION PROJECT SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT NO. 339 FOR THE REVISED PLATINUM
TRIANGLE EXPANSION PROJECT, ALONG WITH
MITIGATION MONITORING AND REPORTING PLAN NO.
330, AND DETERMINING THAT SAID ADDENDUM,
TOGETHER WITH OTHER PREVIOUSLY -APPROVED
ENVIRONMENTAL DOCUMENTATION, SERVES AS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR
PROPOSED AMENDMENTS TO THE GENERAL PLAN, THE
PLATINUM TRIANGLE MASTER LAND USE PLAN, AND
FOR A NEW TENTATIVE PARCEL MAP AND A
DEVELOPMENT AGREEMENT WITH JEFFERSON AT
STADIUM PARK, L.P. FOR THE JEFFERSON STADIUM
PARK PROJECT AND RECOMMENDING CITY COUNCIL
APPROVAL OF SAID ENTITLEMENTS.
(GENERAL PLAN AMENDMENT NO. 2015-00506,
MISCELLANEOUS CASE NO. 2015-00621,
DEVELOPMENT AGREEMENT NO. 2015-00002,
TENTATIVE PARCEL MAP NO. 2015-174)
(DEV2015-00078)
WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 and State Route 57 ("SR -57 Freeway") freeways in the City of
Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west
of the Santa Ana River channel and the SR -57 Freeway, south of the Southern California Edison
easement, and north of the Anaheim City limit. The Platinum Triangle encompasses the Angel
Stadium, the Honda Center, the City National Grove of Anaheim, the Anaheim Regional
Transportation Intermodal Center (ARTIC), and surrounding residential and mixed use
development, light industrial buildings, industrial parks, distribution facilities, offices, hotels,
restaurants, and retail development; and
WHEREAS, since 1996, the City Council of the City of Anaheim ("City Council") has
approved several actions relating to the area encompassed by the Platinum Triangle; and
WHEREAS, on May 30, 1996, the City Council of the City of Anaheim certified Final
Environmental Impact Report No. 320 and adopted Area Development Plan No. 120 for that
portion of the Angel Stadium property associated with the Sportstown Development. Area
Development Plan No. 120 entitled a total of 119,543 seats for new and/or renovated stadiums,
750,000 square feet of urban entertainment/retail uses, a 500 -room hotel (550,000 square feet), a
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150,000 -square -foot exhibition center, 250,000 square feet of office development and 15,570 on-
site parking spaces. The Grove of Anaheim, the renovated Angel Stadium and the Stadium
Gateway Office Building were developed/renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ("MLUP"). The boundaries of the MLUP were generally the same as
those for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to
the Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part
of the approval process for the MLUP, the City Council also certified Final Environmental
Impact Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development
within the boundaries of the MLUP was implemented through the Sports Entertainment Overlay
Zone ("SE Overlay Zone"), which permitted current uses to continue or expand within the
provisions of the existing zoning, while providing those who may want to develop sports,
entertainment, retail, and office uses with standards appropriate to those uses, including
increased land use intensity. Implementation of the SE Overlay Zone was projected to result in a
net loss of 491,303 square feet of industrial space and increases of 1,871,285 square feet of new
office space, 452,026 square feet of new retail space, and 991,603 square feet of new hotel space.
Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena
Corporate Center, and the Westwood School of Technology; and
WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide
General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle.
The General Plan Update (known as "General Plan Amendment No. 2004-00419") changed the
General Plan designations within the Platinum Triangle from Commercial Recreation and
Business Office/Mixed Use/Industrial to Mixed -Use, Office -High, Office -Low, Industrial, Open
Space and Institutional to provide opportunities for existing uses to transition to mixed-use,
residential, office, and commercial uses. The General Plan Update also established the overall
maximum development intensities for the Platinum Triangle, which permitted up to 9,175
dwelling units, 5,000,000 square feet of office space, 2,044,300 square feet of commercial uses,
industrial development at a maximum floor area ratio ("FAR") of 0.50, and institutional
development at a maximum FAR of 3.0. In addition, the square footage/seats allocated to the
existing Honda Center and all of the development intensity entitled by Area Development Plan
No. 120 was incorporated into the Platinum Triangle Mixed -Use land use designation. Final
Environmental Impact Report No. 330 ("FEIR No. 330"), which was prepared for the General
Plan and Zoning Code Update and associated actions, analyzed the above development
intensities on a City-wide impact level and adopted mitigation monitoring programs, including
that certain Updated . and Modified Mitigation Monitoring Plan No. 106 for the Platinum
Triangle; and
WHEREAS, on August 17, 2004 and in order to provide the implementation tools
necessary to realize the City's new vision for the Platinum Triangle, the City Council replaced
the MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP"), replaced the SE
Overlay Zone with the Platinum Triangle Mixed Use Overlay Zone ("PTMU Overlay Zone"),
approved the form of a Standardized Platinum Triangle Development Agreement, and approved
associated zoning reclassifications. Under those updated zoning regulations, property owners
desiring to develop under the PTMU Overlay Zone provisions were thereafter required to enter
into a standardized Development Agreement with the City of Anaheim; and
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WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332 ("FSEIR No. 332"), adopted a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A to provide for the implementation of the PTMLUP, in
conjunction with its consideration and approval of General Plan Amendment No. 2004-00420,
Miscellaneous Case No. 2005-00089 and Zoning Code Amendment No. 2004-00036, which
collectively allowed for an increase in the allowable development intensities within the Platinum
Triangle to 9,500 residential units, 5,000,000 square feet of office uses, and 2,254,400 square
feet of commercial uses; and
WHEREAS, on August 21, 2007 and in response to the application of AMB Property,
L.P. ("Original Owner") for entitlements allowing for the development of a mixed-use master
planned community consisting of up to 1,208 residential units, up to 100,000 square feet of
office uses, up to 50,000 square feet of commercial uses, a 1.7 -acre public park, and related
improvements (the "Original Project") on certain real property consisting of approximately 17.5
acres and bounded by State College Boulevard on the east, Gene Autry Way on the north, and
Artisan Court on the south (the "Property"), the City Council determined that FSEIR No. 335, a
Statement of Overriding Considerations, together with Mitigation Monitoring Plan No. 143,
were, collectively, adequate to serve as the required environmental documentation for the
Original Project and that no further environmental documentation needed to be prepared for the
Original Project and the "Original Development Approvals" (as defined below) for the Original
Project; and
WHEREAS, the entitlements for the Original Project consisted of (1) General Plan
Amendment No. 2006-00446, to increase the maximum number of dwelling units permitted in
The Platinum Triangle by 699 dwelling units; (2) Miscellaneous Case No. 2006-00162 to amend
the PTMLUP to increase the maximum number of dwelling units in the Gene Autry District from
1,000 to 1,699 and the total number of dwelling units in the Platinum Triangle by 699 dwelling
units; (3) Zoning Code Amendment No. 2007-00054 to amend the PTMU Overlay Zone to
increase the maximum number of dwelling units in the Gene Autry District from 1,000 to 1,699
and the total number of dwelling units in The Platinum Triangle by 699 dwelling units; (4)
Conditional Use Permit No. 2006-05134 to permit building heights over 100 feet (up to 300 feet
proposed) for the proposed Gene Autry Experience project; (5) Development Agreement No.
2006-00004; and (6) Tentative Tract Map No. 17089 to establish a 21 -lot, mixed use subdivision
with 1,208 residential units; 100,000 square feet of office uses; and 50,000 square feet of
commercial uses (collectively, the "Original Development Approvals"); and
WHEREAS, on August 21, 2007, the City Council approved the Original Development
Approvals for the Original Project; thereafter, the City and the Original Owner entered into the
Original Development Agreement on or about September 11, 2007, which was recorded in the
Official Records of the County of Orange on November 16, 2007 as Instrument No.
2007000687363 (the "Original Development Agreement"); and
WHEREAS, following the certification of FSEIR No. 332, the City Council approved
two addenda to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle
intensity by 67 residential units, 55,550 square feet of office development, and 10,000 square
feet of commercial uses. A project Environmental Impact Report was also approved to increase
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the allowable development intensities by an additional 699 residential units to bring the total
allowable development intensity within the Platinum Triangle up to 10,266 residential units,
5,055,550 square feet of office uses, and 2,264,400 square feet of commercial uses; and
WHEREAS, on February 13, 2007, the City embarked upon a process to amend the
General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized
Development Agreement, and related zoning reclassifications to increase the allowable
development intensities within the Platinum Triangle to up to 18,363 residential units, 5,657,847
square feet of commercial uses, 16,819,015 square feet of office uses, and 1,500,000 square feet
of institutional uses (the "Platinum Triangle Expansion Project"); and
WHEREAS, on December 11, 2007, the City Council certified Final Subsequent
Environmental Impact Report No. 334 ("FSEIR No. 334") adopting a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A in conjunction with its consideration and approval of General
Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code
Amendment No. 2004-00036, and a series of other related actions in order to provide for the
implementation of the PTMLUP and approval of the Platinum Triangle Expansion Project; and
WHEREAS, a lawsuit was filed challenging the adequacy of FSEIR No. 334. The City
Council thereafter repealed the approval of the Platinum Triangle Expansion Project, including
FSEIR No. 334 and various related actions, and directed staff to prepare a new Subsequent
Environmental Impact Report for the Platinum Triangle Expansion Project; and
WHEREAS, the Original Owner's request for an amendment to the Original
Development Agreement to extend the term for an initial period of five (5) years to an initial
period of ten (10) years was approved by the City Council on September 25, 2012. Accordingly,
on or about October 2, 2012, the City and Original Owner entered into that certain Amendment
No. 1 to the Original Development Agreement, which was recorded in the Official Records on
October 25, 2012 as Instrument No. 2012000652444 ("Amendment No. I"); and
WHEREAS, the Original Development Agreement and Amendment No. 1 shall be
referred to herein collectively as the "Existing Development Agreement"; and
WHEREAS, the Existing Development Agreement and the Original Development
Approvals shall be referred to herein collectively as the "Existing Entitlements"; and
WHEREAS, on or about October 26, 2010, the City Council approved the Revised
Platinum Triangle Expansion Project, which included amendments to the General Plan ("General
Plan Amendment No. 2008-00471 "), the PTMLUP ("Miscellaneous Case No. 2007-00188"), the
PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development
intensities within the PTMU Overlay Zone from 10,266 residential units up to 18,909 residential
units, 14,340,522 square feet of office uses, 4,909,682 square feet of commercial uses, and
1,500,000 square feet of institutional uses. Before approving said amendments and zoning
reclassifications, the City Council approved and certified the "Revised Platinum Triangle
Expansion Project Subsequent Environmental Impact Report No. 339" for the Revised Platinum
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Triangle Expansion Project, including Updated and Modified Mitigation Monitoring Plan No.
106C (collectively referred to herein as "FSEIR No. 339"); and
WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ("Addendum No.
1 "), was prepared and considered by the City Council in connection with the Katella Avenue/1-5
Undercrossing Improvements project because none of the conditions described in Section 15162
of the State of California Guidelines for Implementation of the California Environmental Quality
Act ("State CEQA Guidelines") calling for the preparation of a subsequent environmental impact
report had occurred; and
WHEREAS, on December 18, 2012, the City Council approved amendments to the
General Plan ("General Plan Amendment No. 2012-00486"), the PTMLUP ("Miscellaneous Case
No. 2012-00559"), and the PTMU Overlay Zone ("Zoning Code Amendment No. 2012-00107")
to increase the number of dwelling units and reduce the amount of office and commercial
development allowed within the "Mixed -Use" land use designation of the Platinum Triangle and
to amend various Elements of the General Plan to include the addition of a public park; and
WHEREAS, Addendum No. 2 to FSEIR No. 339, dated December 3, 2012 ("Addendum
No. 2"), was prepared and considered by the City Council in connection with proposed revisions
to a master planned mixed-use project on a 7.01 -acre (approximate) parcel commonly known as
905-917 East Katella Avenue to allow the development of 399 dwelling units (the "Platinum
Gateway Project"); and
WHEREAS, Addendum No. 3 to FSEIR No. 339, dated August 2014 ("Addendum No.
3"), was prepared and considered by the City Council in connection with proposed revisions to a
master planned mixed-use project on a 4.13 -acre (approximate) parcel commonly known as
1005-1105 East Katella Avenue to increase the allowable number of residential dwelling units
from 350 to 389 (the "Platinum Vista Project"). On October 21, 2014, the Anaheim City Council
adopted General Plan Amendment No. 2014-00495 to permit the increase in the number of
dwelling units for the Platinum Vista Project. Thereafter, to be consistent with General Plan
Amendment No. 2014-00495, the Anaheim City Council adopted its Ordinance No. 6309 on
November 18, 2014, which had the effect of increasing the maximum square footage for
commercial uses within the Katella District of the PTMU Overlay Zone to 634,643 square feet,
resulting in an aggregate increase in the square footage for commercial uses within the PTMU
Overlay Zone to 4,795,111. Ordinance No. 6309 also had the effect of increasing the maximum
number of housing units within the PTMU Overlay Zone to 18,999. However, to correct clerical
errors subsequently discovered in the tabulation of those density numbers in Ordinance No.
6309, the Anaheim City Council adopted its Ordinance No. 6319 on April 7, 2015. Ordinance
No. 6319 had the effect of establishing (1) the maximum square footage for commercial uses
within the Katella District as 658,043 square feet, (2) the maximum square footage for
commercial uses within the PTMU Overlay Zone, as a whole, as 4,735,111, and (3) the
maximum number of housing units within the PTMU Overlay Zone as 19,027; and
WHEREAS, Addendum No. 4 to FSEIR No. 339, dated October 2015 ("Addendum No.
4"), was prepared and considered by the City Council in connection with proposed revisions to a
master planned mixed-use project on a 43.1 -acre (approximate) property commonly known as
1404 East Katella Avenue to permit between 1,400 and 1,746 residential units, between 38,000
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and 50,000 square feet of commercial uses, two public parks and a network of local streets (the
"A -Town Project"). On October 6, 2015 the City Council adopted Ordinance No. 6344 to amend
the Platinum Triangle Mixed Use Overlay Zone to (1) modify the requirement for ground floor
commercial uses on Market Street, (2) clarify that ground floor commercial uses are required on
Gene Autry Way east of Union Street, and (3) expand the size of the Gene Autry District from
33 acres to 43 acres as part of a revised project design for the "A -Town" Project located at State
College Boulevard immediately north of Gene Autry Way; and
WHEREAS, subsequent to recordation of Amendment No. 1, fee title interest in the
Property was transferred, and the Existing Development Agreement was assigned, to Jefferson at
Stadium Park, L.P. (hereinafter referred to as the "Owner"); and
WHEREAS, pursuant to Section 20 of the Existing Development Agreement and Chapter
18.60 of the Zoning Code of the City of Anaheim, the Owner has requested a series of actions to
replace the Original Development Approvals and pen -nit a development consisting of
approximately 1,079 residential dwelling units inclusive of 12 live/work units, approximately,
but not to exceed, 9,800 square feet of commercial uses, a public park, and a network of local
streets (the "Project"). To that end, the Owner has requested the following entitlements to
replace the Existing Entitlements:
1. An amendment to the General Plan to reflect the relocation and combination of the
two proposed park sites shown in the City of Anaheim General Plan Land Use Element into one
site, and designate the former park location as mixed-use ("General Plan Amendment No. 2015-
00506");
2. An amendment to the PTMLUP to be consistent with General Plan Amendment No.
201-00506 to, among other things, reflect the proposed park layout as requested in the General
Plan Amendment and reflect new internal street alignments ("Miscellaneous Case No. 2015-
00621 ");
3. Development Agreement No. 2015-00002, in the form presented at the meeting at
which this Resolution was adopted, to provide for the development of the Project and certain
vested development rights in connection therewith;
4. Tentative Parcel Map No. 2015-174 to subdivide the site into three numbered lots that
correspond with the proposed apartment buildings and one lettered lot for the proposed park.
The tentative parcel map also establishes the new alignment and configuration of internal public
streets and public recreation/park areas to be dedicated to the City of Anaheim; and
WHEREAS, General Plan Amendment No. 2015-00506, Miscellaneous Case No. 2015-
00621, Development Agreement No. 2015-00002, Tentative Parcel Map No. 2015-174 shall be
referred to herein collectively as the "Proposed New Entitlements"; and
WHEREAS, in connection with the Proposed New Entitlements, Addendum No. 5 to
FSEIR No. 339, dated May 2016 ("Addendum No. 5"), a copy of which is on file in the Planning
Department and incorporated herein by this reference as though fully set forth, has been prepared
in order to determine whether any significant environmental impacts which were not identified in
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the previously -approved FSEIR No. 339 would result or whether previously identified significant
impacts would be substantially more severe. FSEIR No. 339, Addendum No. 1, Addendum No.
2, Addendum No. 3, Addendum No. 4, and Addendum No. 5, together with Mitigation
Monitoring Program 106C approved in conjunction with FSEIR No. 339, and Mitigation
Monitoring and Reporting Plan No. 330 proposed for the Project collectively constitute the
environmental documentation under and pursuant to the California Environmental Quality Act of
1970, as amended ("CEQA"), and the State CEQA Guidelines relating to the Proposed New
Entitlements and the Project and shall be referred to herein collectively as the "CEQA
Documents"; and
WHEREAS, on May 16, 2016, the Planning Commission did hold a public hearing,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony
concerning the contents and sufficiency of Addendum No. 5 and for and against the Proposed
New Entitlements and the Project and to investigate and make findings in connection therewith;
and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed New Entitlements and the Project, including Addendum No. 5,
together with the other CEQA Documents; and
WHEREAS, to the extent authorized by law, the Planning Commission desires and
intends to use Addendum No. 5, together with the other CEQA Documents, as the environmental
documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure
Manual for the Proposed New Entitlements and the Project; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentation, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the
above findings and based upon a thorough review of proposed Addendum No. 5, the CEQA
Documents and the evidence received to date, does find and determine and recommends that the
City Council also find and determine as follows:
1. That Addendum No. 5 was prepared for the Proposed New Entitlements and the
Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the
City's Local CEQA Procedure Manual.
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2. That, based upon the evidence submitted and as demonstrated by the analysis
included in Addendum No. 5, none of the conditions described in Sections 15162 or 15163 of the
State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or
negative declaration have occurred; specifically:
(a) There have not been any substantial changes in the Original Project that
require major revisions of the CEQA Documents because of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
(b) There have not been any substantial changes with respect to the
circumstances under which the Project is undertaken that require major revisions
of the CEQA Documents due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects; and
(c) There is no new information of substantial importance, which was not known
and could not have been known with the exercise of reasonable diligence at the
time FSEIR No. 339 was certified as complete or the other CEQA Documents
were adopted, that shows any of the following: (a) the Project will have one or
more significant effects not discussed in FSEIR No. 339 or the other CEQA
Documents; (b) significant effects previously examined will be substantially more
severe than shown in FSEIR No. 339 or the other CEQA Documents; (c)
mitigation measures or alternatives previously found not to be feasible would, in
fact, be feasible and would substantially reduce one or more significant effects of
the Project, but the Owner declines to adopt the mitigation measures or
alternatives; or (d) mitigation measures or alternatives which are considerably
different from those analyzed in FSEIR No. 339 or the other CEQA Documents
would substantially reduce one or more significant effects on the environment, but
the Owner decline to adopt the mitigation measures or alternatives.
3. In connection with the Proposed New Entitlements and the Planning Commission's
review of Addendum No. 5, the Planning Commission has independently reviewed all of the
CEQA Documents and has exercised its independent judgment in making the findings and
determinations set forth herein.
4. Pursuant to the above findings, the Planning Commission determines that the
previously -approved CEQA Documents, together with Addendum No. 5, satisfy all of the
requirements of CEQA and are adequate to serve as the required environmental documentation
for the Proposed New Entitlements and the Project and hereby recommends that the City Council
approve and adopt Addendum No. 5 and Mitigation Monitoring and Reporting Program No. 330
for the Project.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 16, 2016.
CHAIR, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
c•—
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 16, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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