Minutes-PC 2004/03/08~
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CITY OF ANAHEIM
PLANNING COMMISSION MINUTES
MONDAY, MARCH 8, 2004
Counci! Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRPERSON: JAMES VANDERBILT-LINARES
COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, GAIL EASTMAN,
CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO
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COMMISSIONERS ABSENT ~~N~~ ~~E~~~~~ ~ ~.~ ~ ~~~ ~~ ~ ~~~
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STAFF PRESENT: ~,~~a .~ °"°~~~ ~~ ~ ~ ~ `~'° ~ ~ '~ ~ ~ ~~~"°°~
Assistant ~i~y Attort~e~+~ ~ -~~~ ~~ ~~ A+f~eds~~ , ~
Selma Mann, Y~tda ~ ri~~ al r~~ortation Planner
Greg Hastings, Zonin ~ivisici" ~tlana er:~.~~ ~~°~, ~~ame~~,in ~ ssc~c~a,t~~Civi~~~~~gineer
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PLEDGE OF ALLEGIANCE: Chairperson Vanderbilt-Linares
PUBLIC COMMENTS
CONSENT CALENDAR
PUBLIC HEARING ITEMS
ADJOURNMENT
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H:\DOCS\CLERICAL\MINUTES~AC030804.DOC lannin commission anaheim.net
MARCH 8, 2004
PLANNING COMMISSION MINUTES
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RECONVENE TO PUBLIC HEARING AT 1:30 P.M.
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PUBLIC COMMENTS: A person spoke and submitted written material.
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of public
hearing items.
C. McCracken (no address noted on speaker card) stated she submitted written comments under the
name of McCracken Associates' Law Firm.
CONSENT CALENDAR:
Items 1-A through 1-I on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless members of the
Planning Commission, staff or the public request the item to be discussed and/or removed from the
Consent Calendar for separate action.
Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED,
for approval of Consent Calendar Items (1-A and 1-C through 1-I) UNANIMOUSLY APPROVED, (Item 1-
B was continued) as recommended by staff.
1. REPORTS AND RECOMMENDATION~
A. (a) ENVIRONMENTAL IMPACT REPORT NO. 313 (PREVIOUSLY- Approved
CERTIFIED) Approved Final Site Plan
(b) FINAL SlTE PLAN REVIEW NO. 2004-00002
Michael C. Inada, 8 Corporate Park, Suite 300, Irvine, CA 92606-5196,
requests review and approval of a final site plan for a produce/fruit (Vofe: 7-0)
stand in conjunction with, and accessory to, an existing agricultural
use. Property is located at 2010 South Harbor Boulevard (Fujishige
Farms).
ACTION: Commissioner Bostwick offered a motion, seconded by
Commissioner Eastman and MOTION CARRIED, that the Anaheim City
Planning Commission does hereby determine that the previously-certified EIR
No. 313 is adequate to serve as the required environmental documentation for
subject request.
Commissioner Bostwick offered a motion, seconded by Commissioner
Eastman and MOTION CARRIED, that the Anaheim City Planning
Commission does hereby approve the Final Site Plan (identified as Exhibit
Nos. 1 through 13 on file in the Planning Department) based upon a finding
that the Final Site Plan is in conformance with the Anaheim Resort Specific
Plan No. 92-2 as noted in paragraph 6 through 10 of the staff report dated
March 8, 2004. sr8688dh.doc
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B. (a) GENERA~ PLAN CONFORMITY NO. 2004-00033 -
REQUEST TO DETERMINE CONFORMANCE WITH THE
ANAHEIM GENERAL PLAN AND AMEND THE LANGUAGE OF Continued to
March 22, 2004
THE ALPHA REDEVELOPMENT PLAN
Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South (Vote: 7-0)
Anaheim Boulevard, Suite 1003, Anaheim, CA 92805, requests
determination of conformance with the Anaheim General Plan for the
proposed merger of six redevelopment project areas into one and
amend the language of the Alpha Redevelopment Plan.
RESOLUTION NO.
ACTION: Commissioner Bostwick offered a motion, seconded by
Commissioner Eastman and MOTION CARRIED, to continue the subject
request to the March 22, 2004, Planning Commission Meeting. sr2149ds.doc
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C. (a) CEQA CATEGORICAL EXEMPTION - Concurred with staff
SECTIONS 15061(b)(3) AND 15262 Approved initiation of
(b) REQUEST FOR PLANNING COMMISSION INITIATION OF Reclassification and
APPLICATIONS AND PROCEEDINGS FOR RECLASSIFICATION Specific Plan Amend-
NO. 2004-00117, AMENDMENT NO. 5 TO THE ANAHEIM RESORT ment proceedings
SPECIFIC PLAN NO. 92-2 (SP92-2) AND AMENDMENT NO. 2 TO
THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 (SP94-1)
(TRACKING NOS. RCL2004-00117, SPN2004-00023 AND SPN2004-00024) (Vote: 7-0)
City of Anaheim, Planning Department, 200 S. Anaheim Boulevard,
Anaheim, CA 92805, request the following:
• Initiation of Reclassification proceedings for actions associated
with the General Plan and Zoning Code Update Program.
• Initiation of specific plan amendment proceedings to expand the
boundaries of the Anaheim Resort Specific Plan.
• Initiation of specific plan amendment proceedings to amend the
Northeast Area Specific Plan Development Area boundaries.
RESOLUTION NO. PC2004-22
ACTION: Commissioner Bostwick offered a motion, seconded by
Commissioner Eastman and MOTION CARRIED, that the Anaheim City
Planning Commission does hereby determine that this action is exempt under
CEQA Guidelines Sections 15061(b)(3) and 15262 since it initiates a planning
and feasibility study to evaluate the appropriateness of the proposed zoning
reclassifications and specific plan amendments under the Anaheim Municipal
Code for property not owned by the City and will not, in itself, cause a
significant effect on the environment and, further, that an EIR is being
prepared in conjunction with the General Plan/Zoning Code Update Program
which will address environmental impacts associated with the updated
General Plan and Zoning Code and associated implementation actions,
including the subject zoning reclassifications and specific plan amendments.
Commissioner Bostwick offered a motion, seconded by Commissioner
Eastman and MOTION CARRIED, that the Anaheim City Planning
Commission does hereby initiate Reclassification No. 2004-00117,
Amendment No. 5 to the Anaheim Resort Specific Plan (SP92-2), and
Amendment No. 2 to the Northeast Area Specific Plan (SP94-1) for study and
consideration to determine whether approval of the proposed reclassifications
and the specific amendments would be in the public interest and would serve
the purposes of implementing the General Plan and enabling orderly
development.
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D. (a) VARIANCE NO. 4300
(TRACKING NO. VAR2003-04586)
Good Hope International, 1530 South Harbor Boulevard, Anaheim, CA
92802, requests termination of Variance No. 4300 (to waive minimum
structural and yard requirements to permit a 355 square foot addition
to an existing gift shop in conjunction with an existing hotel complex).
Property is located at 1530 South Harbor Boulevard -(Carousel !nn
and Suites).
TERMINATION RESOLUTION NO. PC2004-23
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Terminated
(Vote: 7-0)
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~ E. (a) CONDITIONAL USE PERMIT NOS. 32 186 2149 AND 3054
(TRACKING NO. CUP2Q02-04606)
(b) VARIANCE NOS. 1214 AND 3290
(TRACKING NO. VAR2002-04532)
Geoff Sherman, Price Legacy Corporation, 17140 Bernardo Center
Drive, Suite 300, San Diego, CA 92128.
Conditional Use Permit Nos. 32, 286, 2149 and 3054 (Trackinq No.
CUP2002-04606) - Requests termination of Conditional Use Permit
No. 32 (to construct a convention hall), Conditional Use Permit No.
186 (to construct a theater-convention hall including a
restaurant/cocktail lounge), Conditional Use Permit No. 2149 (to permit
construction of recreation facilities in conjunction with an existing
educational institution), and Conditional Use Permit No. 3054 (to
permif a 40-patient birthing center, 200-person child daycare facility
and a 100-person adult daycare facility). Site A: Properties are
located between Harbor Boulevard and Clementine Street, and Disney
Way and Katella Avenue with frontages of 330 feet on the north side of
Katella Avenue, and 605 feet on Disney Way.
Variance Nos. 1214 and 3290 (Trackinq No. VAR2002-04532) -
Requests termination of Variance No. 1214 (to construct and operate
an apartment motel) and Variance No. 3290 (waiver of minimum
number of parking spaces to expand an existing motel. Site B:
Property is located at the northwest corner of Katella Avenue and
• Clementine Street.
TERMINATION RESOLUTION NO. PC2004-24
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Terminated
(Vote: 7-0)
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F. (a) VARIANCE NO. 825 AND 3704
(TRACKING NO. VAR2004-04599)
Shirish Patel, Sai Management Company, 631 West Katella Avenue,
Anaheim, CA 92802, requests termination of Variance No. 825 (to
construct a 23-unit motel, manager's residence and swimming pool)
and Variance No. 3704 (waiver of minimum number of parking spaces
to construct a 4-story, 100-unit motel). Property is located at 631 West
Katella Avenue.
TERMINATION RESOLUTION NO. PC2004-25
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Terminated
(Vote: 7-0)
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~ G. (a) CONDITIONAL USE PERMIT NO. 3819 Terminated
(TRACKING NO. CUP2002-04604)
Resa Azarpour, P.O. Box 9800, Anaheim, CA 92812, requests
termination of Conditional Use Permit No. 3819 (to permit a temporary (Vote: 7-0)
sales office building). Property is located at 1733 South Anaheim
Boulevard.
TERMINATION RESOLUTION NO. PC2004-26
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• H. Receiving and approving Supplementa( Detailed Minutes for item Approved
No. 2, Conditional Use Permit No. 2003-04793 from the Planning
Commission Meeting of February 9, 2004, scheduled to be heard as
a public hearing item before City Council on Tuesday, March 30, (Vote: 7-0)
2004. (Motion)
ACTION: Commissioner Bostwick offered a motion, seconded by
Commissioner Eastman and MOTION CARRIED, that the Anaheim City
Planning Commission does hereby receive and approve the Supplemental
Detailed Minutes for the Planning Commission meeting of February 9, 2004.
I. Receiving and approving the Minutes from the Planning Commission Approved
Meeting of February 9, 2004. (Motion)
ACTION: Commissioner Bostwick offered a motion, seconded by (Vote: 7-0)
Commissioner Eastman and MOTION CARRIED, that the Anaheim City
Planning Commission does hereby receive and approve the minutes for the
Planning Commission meeting of February 9, 2004.
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PUBLIC HEARING ITEMS:
2a. CEQA NEGATIVE DECLARATION (READVERTISED)
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 3796
(TRACKING NO. CUP2003-04824)
OWNER: Orange County Buddhist Church, 909 South Dale
Avenue, Anaheim, CA 92804
LOCATION: 2823 West Ball Road. Property is approximately 0.56-
acre, having a frontage of 107 feet on the north side of Ball
Road, located 328 feet west of the centerline of Dale
Avenue.
Request to construct a new accessory parking lot at 2823 West Ball
Road, contiguous to and for an existing Buddhist Temple with waivers of:
(a) minimum setback for institutional uses abutting a residential zone,
(b) minimum landscape setback adjacent an arterial highway and
(c) maximum fence height.
Continued from the February 9, 2004, Planning Commission meeting.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-27
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Chairperson Vanderbilt-Linares opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 2.
ApplicanYs Statement:
Approved
Approved
Approved
sr8711 gk.doc
Louie Yamanishi, representing the Orange County Buddhist Church, thanked the Planning Commission
for allowing them the opportunity to find a more efficient site-parking plan. He stated at the last meeting a
continuance was granted to submit a modified proposal in order to reduce the minimum setback for
institutional uses abutting a residential zone. The abutting property is a single-story apartment building
with a drive along the property line. The new plan would provide eight (8) additional parking spaces for a
total of 60 additional spaces for the entire lot.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Flores stated she believes the total is 59 parking spaces and asked for clarification.
Mr. McCafferty stated the exhibit indicates 59.
Mr. Yamanishi was in agreement.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Approved CEQA Negative Declaration
Approved Waiver of Code Requirement
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PLANNING COMMISSION MINUTES
• Approved the request to amend Conditional Use Permit No. 3796 (Tracking No.
CUP2003-04824) (to construct a new accessory parking lot at 2823 West Ball Road,
contiguous to and for use by an existing Buddhist tempie) subject to the conditions of
approval as stated in the staff report dated March 8, 2004.
VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, March 30, 2004.
DISCUSSION TIME: 6 minutes (1:40-1:46)
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~ 3a. CEQA NEGATIVE DECLARATION Continued to
3b. WAIVER OF CODE REQUIREMENT April 19, 2004
3c. CONDITIONAL USE PERMIT NO. 2003-04811
OWNER: Larry Bedrosian, 710 East Ball Road, Anaheim, CA 92802
AGENT: B.J. Mueller, P.O. Box 18085, Anaheim, CA 92817
LOCATION: 2920 East Whitestar Avenue. Property is approximately
1-acre, having a frontage of 233 feet on the southwesterly
side of White Star Avenue, located 725 feet southeast of
the centerline of La Palma Avenue.
Request to permit and retain a church within an existing industrial building
with waiver of minimum number of parking spaces.
Continued from the January 12, 2004, Planning Commission meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
sr5082jr.doc
Chairperson Vanderbilt-Linares opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 3.
~ ApplicanYs Statement:
Ed Perez, 6765 E. Leafwood Avenue, Anaheim, stated the applicant has hired RK Engineering Group to
conduct a parking study, which was submitted to the City of Anaheim. They obtained five (5) letters of
neighboring tenants requesting agreement of said parking, based on their research of the 10 tenants only
five (5) showed up on property file for them to submit their subordinated agreements. In the process of
subordinated agreements, he has a copy of the due diligence process for each of the landowners. There
is a reference letter of each of the tenants and he is submitting one as an example of the five that is being
submitted to the various owners.
They are finding that one of the challenges is that owners become reluctant to submitting these types of
subordinated agreements to their lenders because it actually becomes senior to the lenders. The Way of
Life is willing to go through any due diligence process necessary and he is asking the Commission to
ailow them to move forward and give them ample time.
They submitted a request to the owners to move forward with a subordinated agreement, and they have
letters of request from the neighboring tenants who have allowed the applicant to have up to 190 spaces
on the off-peak hours.
He asked Commission to consider the subject matter and take into account the remainder of time they
have with the lease agreement of 18-20 months, and the process they have to go through in order to
meet the objective and to have each owner respond in a timely manner.
THE PUBLIC HEARING WAS CLOSED.
Chairperson Vanderbilt-Linares stated it was indicated at the previous meeting that there were reciprocal
~ agreements existing between the church and neighboring businesses, and within the 8-week period they
now have the documents verifying that information; he pointed out that seems to be the only progress on
the issue.
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PLANNING COMMISSION MINUTES
• Mr. Perez explained they have not mailed the documents to the owners of the property locations because
they wanted to go through the appropriate process. He is submitting the documents today in order to
gather the data and facts and process the information for approval.
He asked of the sixteen (16) churches located in an industrial park, have they gone through the due
diligence process, and is requesting today that the church also have an opportunity to follow the same
guidelines.
Commissioner Bostwick asked staff if the other churches have reciprocal agreements, because he
believes one was approved on Lincoln Avenue, but the parking problem was an entirely different
situation.
Mr. McCafferty was in agreement, and commented he believes the churches in the industrial area either
satisfied their parking demand on site or provided a parking study that was reviewed and approved by the
Traffic and Transportation Manager that indicated if they were short on site, that there was still enough on
the property to accommodate the peak demand of the church.
Regarding the subject request, in proportion, there is very little of the parking demand that is being
satisfied on site, which he believes was an issue with the Traffic and Transportation Manager in trying to
come up with a recommendation for the Commission.
Further discussion/clarification took place amongst Mr. Perez and the Commission regarding the issue of
reciprocal/subordinated agreements and with regard to other churches in industrial park areas.
Commissioner Bostwick referred to the 18-month lease, and asked staff if the subject request is denied or
the applicant decides to terminate the application would the applicant have 18 months to vacate.
. Selma Mann, Assistant City Attorney, stated regarding the term of the lease; the applicant would need to
figure that out with their own attorney. Regarding the code requirements, the subject property is now
operating illegally, in violation of the code. With regard to the requirement, it is a code requirement
pertaining to off-site spaces and she is certain they have had off-site agreements for churches before and
could provide a sample. She further continued with information relative to agreements.
Mr. Perez stated he wants to go forward with the agreements, and stated hopefully based on the current
approvals that they have with the agreements that the matter be considered, not just because of the
limited parking to the actual location but the neighboring parking that is being allowed by the neighbors.
Mr. McCafferty referred to the streamlining act and stated six (6) months would take the application
through June 3, 2004, with consent of the City and the applicant it could be extended for an additional 90
days.
Chairperson Vanderbilt-Linares asked the applicant for clarification of what he is seeking today by the
Commission.
Mr. Perez stated they have 18 months on the lease, which would allow them enough time to gather the
subordinated agreements and solidify any agreements riecessary.
Chairperson Vanderbilt-Linares asked the applicant if he is hoping to get as much time possible in order
to fill the City's requirements.
Mr. Perez was in agreement, and stated their objective is to get the agreements in place.
Commissioner Bostwick noted the recommendation today is for denial of the conditional use permit. An
~ 8-week continuance was made at the previous meeting in order to alfow the applicant time to get the
reciprocal agreements signed from their neighbors; he would agree with a 4-week continuance if that
could be completed. If the applicant doesn't feel it is possible, then it may be appropriate to act on the
item today.
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PLANNING COMMISSION MINUTES
~ Mr. Perez was in support of a continuance.
~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Conne{{ and
MOTION CARRIED, to continue the subject request to the April 19, 2004, Planning
Commission Meeting in order to allow the applicant time to receive signed reciprocal
off-site parking agreements between the church and adjacent property owners.
VOTE: 7-0
DISCUSSlON TIME: 26 minutes (1:47-2:13)
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PLANNING COMMISSION MINUTES
• 4a. CEQA CATEGORICAL EXEMPTION - CLASS 3
4b. CONDITIONAL USE PERMIT NO. 23
(TRACKING NO. CUP2004-04828)
OWNER: Grace Bible Church, 2550 West Orange Avenue, Anaheim,
CA 92804
AGENT: Gary Spykerman, 2550 West Orange Avenue, Anaheim,
CA 92804
LOCATION: 2550 West Oranqe Avenue. Property is approximately
1.48 acres, located at the southwest corner of Orange
Avenue and Velare Street.
Request to permit and construct a parsonage for an existing church.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-28
Chairperson Vanderbilt-Linares opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 4.
Concurred with staff
Approved
sr8712gk.doc
ApplicanYs Statement:
• Gary Spykerman, 2550 W. Orange Avenue, Anaheim, stated he is present to answer any questions.
Public Testimony:
C. McCracken (no address noted on speaker card) spoke unrelated to the subject item.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Flores asked if the subject property includes a school.
Mr. Spykerman responded it is just a church.
Commissioner Buffa asked if it is a single-family residence.
Mr. Spykerman responded yes.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
IN GENERAL: 1 person spoke in generai about the project.
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PLANNING COMMISSION MINUTES
~ ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur
with staff that the proposed project falls within the definition of Categorical Exemptions,
Class 3(New Construction or Conversion of Small Structures), as defined in the
California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically
exempt from the requirement to prepare additional environmental documentation.
Approved the request for Conditional Use Permit No. 23 (Tracking No. CUP2004-04828)
(to construct a new parsonage for an existing church), subject to the conditions of
approval as stated in the staff report dated March 8, 2004.
VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, March 30, 2004.
DISCUSSION TIME: 5 minutes (2:14-2:15 and 2:21-2:25)
A 5-minute break was taken (2:15-2:20)
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MEETING ADJOURNED AT 2:26 P.M.
TO MONDAY, MARCH 22, 2004 AT 11:00 A.M.
FOR PRELIMINARY PLAN REVIEW.
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Respectfully submitted:
'~ ~'''.. % ~`Y~'°
Elly Morris
Senior Secretary
Received and approved by the Planning Commission on ~ Q,~C ~,'L,2 , 2004.
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