Resolution-PC 2002-91~
RESOLUTION NO. PC2002-91
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00006
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
AT 650 NORTH EUCLID STREET
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on those certain applications requiring that such determination be made by the
local governing body pursuant to applicable provisions of the California Business and Professions Code, and prior
to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny
an application for a license if issuance of that license would tend to create a law enforcement problem, or if
issuance would result in or add to an undue concentration of licenses, except when an applicant has
demonstrated that public convenience or necessity would be served by the issuance of a license; and
WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a
Determination of Public Convenience or Necessity to on certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
PARCEL 1: THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN CAJON DE
SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS THE SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 IS SHOWN ON
A MAP FILED IN BOOK 35, PAGE 15 OF RECORD OF SURVEY, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1, DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 21, 1955 IN BOOK 3253,
PAGE 442, OFFICIAL RECORDS, BEING A POINT ON THE WEST LINE OF SAID SECTION 9,
NORTH 0 DEG. 15' 30" WEST, 717.99 FEET FROM ITS INTERSECTION WITH THE
NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S 100.00
FOOT RIGHT-OF-WAY; THENCE AT RIGHT ANGLES NORTH 89 DEG. 44' 30" EAST, 40.00
FEET; THENCE SOUTH 0 DEG. 15' 30" EAST, 50.00 FEET PARALLEL WITH SAID WEST
LINE; THENCE SOUTH 16 DEG. 57' 27" EAST, 221.14 FEET TO THE NORTHEASTERLY LINE
OF THE LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 9191; THENCE ALONG SAID
NORTHEASTERLY LINE, SOUTH 45 DEG. 15' 30" EAST, 33.25 FEET TO THE BEGINNING OF
A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 92.00 FEET;
THENCE SOUTHEASTERLY 4.69 FEET ALONG SAID CURVE TO THE NORTHWESTERLY
CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN THE DEED TO THE STATE OF
CALIFORNIA RECORDED OCTOBER 21, 1955 IN BOOK 3253, PAGE 442, OFFICIAL
RECORDS; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY LINE OF SAID
PARCEL 2, SOUTH 89 DEG. 36' S8" EAST, 110.18 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 200 FEET; THENCE
SOUTHEASTERLY 259.27 FEET ALONG SAID CURVE, THENCE SOUTH 15 DEG. 10' 23"
EAST, 138.00 FEET; THENCE SOUTH 19 DEG. 28' 13" WEST, 112.30 FEET; THENCE SOUTH
30 DEG. 27' 58" WEST, 90.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO
THE NORTHEAST HAVING A RADIUS OF 1913.00 FEET TO WHICH POINT A RADIAL BEARS
SOUTH 23 DEG. 35' 16" WEST; THENCE SOUTHEASTERLY 494.34 FEET ALONG SAID
CURVE TO THE EAST LINE OF THE LAND DESCRIBED IN DEED TO WILLIAM KOERNER
RECORDED APRIL 6, 1892 IN BOOK 53, PAGE 244 OF DEEDS OF SAID ORANGE COUNTY;
THENCE SOUTH 0 DEG. 15' 10" EAST, 29.00 FEET, MORE OR LESS, TO A LINE PARALLEL
WITH AND 481.42 FEET SOUTHERLY (MEASURED ALONG THE EASTERLY LINE OF THE
SAID NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 9; THENCE NORTH 89 DEG. 39' 00" EAST, 464.33 FEET ALONG SAID
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LAST MENTIONED PARALLEL LINE TO THE EAST LINE OF THE SAID WEST HALF OF THE
SOUTHWEST QUARTER; THENCE NORTH 0 DEG. 16' S0" WEST, 1801.47 FEET ALONG
SAID LAST MENTIONED EASTERLY LINE TO THE NORTHEAST CORNER OF THE SAID
WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89 DEG. 39' 15" WEST,
1318.89 FEET ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER TO THE
NORTHWEST CORNER THEREOF; THENCE SOUTH 0 DEG. 15' 30" EAST, 876.39 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED
LAND.
BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT ALONG SAID EAST LINE NORTH 0
DEG. 16' 55" WEST, 420.26 FEET FROM THE CENTERLINE OF THAT PORTION OF
MANCHESTER AVENUE, 80.00 FEET WIDE, DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED MARCH 21, 4935 IN BOOK 743, PAGE 18, OFFICIAL RECORDS;
THENCE CONTINUING NORTH 0 DEG. 16' 55" WEST, 208.68 FEET; THENCE AT RIGHT
ANGLES, SOUTH 89 DEG. 43' 05" WEST, 40.00 FEET; THENCE SOUTH 1 DEG. 51' 25"
WEST, 94.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS OF 115.00 FEET TO WHICH POINT OF BEGINNING
OF CURVE A RADIAL BEARS NORTH 89 DEG. 43' 05" EAST; THENCE SOUTHWESTERLY,
116.20 FEET ALONG SAID CURVE TO THE NORTHERLY LINE OF THE LAND DESCRIBED
IN DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 2, 1944 IN BOOK 1267,
-PAGE 1Q0, OFFICCAC RECORDS; THEfVCE-NORT~i 8~DEG: 39°-00° ERST; 1~4~14 FEETTO -- -
THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING
DESCRIBED LAND:
BEGINNING AT THE POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA RECORDED AUGUST 2, 1944 IN BOOK 1267, PAGE 100,
OFFICIAL RECORDS, DISTANT ALONG SAID LINE SOUTH 89 DEG. 39' 00" WEST. 172.67
FEET FROM THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 9; THENCE NORTH 85 DEG. 51' 08" WEST, 161.39 FEET TO
THE BEGWNiNG OF A NON-TAiVGENT CVRVE CO~iCAVE TO ~HE NORTH AND HAVi~1G A
RADIUS OF 1913.00 FEET TO WHICH POINT OF BEGINNING OF A CURVE A RADIAL
BEARS SOUTH 4 DEG. 49' 49" WEST; THENCE WESTERLY 131.95 FEET ALONG SAID
CURVE TO THE EASTERLY LINE OF THE LAND DESCRIBED IN CERTIFICATE OF TITLE
NO. 16055; THENCE SOUTHERLY 29.09 FEET ALONG SAID EASTERLY LINE TO SAID
NORTHERLY LINE; THENCE EASTERLY 291.84 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING
DESCRIBED LAND (ROBINSON'S PARCEL):
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER, BEING
THE CENTERLINE OF CRESCENT AVENUE, SOUTH 89 DEG. 39' 15" WEST 733.00 FEET
FROM THE CENTERLINE OF LOARA STREET; THENCE SOUTH 0 DEG. 16' S5" EAST 29.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEG. 16' S5" EAST 359.42
FEET; THENCE NURTH 89 DEG. 43' 05" EAST 358.00 FEET; THENCE SOUTH 0 DEG. 16' S5"
EAST 1.00 FOOT; THENCE NORTH 89 DEG. 43' 05" EAST 346.00 FEET TO THE EAST LINE
OF THE 44.074 ACRE PARCEL SHOWN ON SAID MAP FILED IN BOOK 35, PAGE 15 OF
RECORD OF SURVEYS; THENCE NORTH 0 DEG. 16' 55" WEST 341.19 FEET, ALONG SAID
EAST LINE OF THE BEGINNING OF A CURE THEREIN, CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY AND WESTERLY 31.44 FEET ~_
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A~ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEG. 03' 50"; THENCE SOUTH
89 DEG. 39' 15" WEST 683.98 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2(OFFICE PARCEL): THE WEST 662.00 FEET TO THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS THE WEST HALF
OF THE NORTHWEST QUARTER OF SAID SECTION 9 IS SHOWN ON A MAP FILED IN
BOOK 28, PAGE 32 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 3(PARKING PARCEL): LOT 9 OF THE ANAHEIM HOMESTEAD TRACT, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, A PER MAP
RECORDED IN BOOK 26, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE WEST 20.00 FEET THEREOF.
ALSO EXCEPT THE NORTH 630.88 FEET THEREOF, MEASURED FROM THE CENTERLINE
OF NORTH STREET ADJOINING SAID LOT ON THE NORTH.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 35,
PAGES 15 AND 16 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
Pl~I~~EL ~: THAT ~~F~TI6N 6F THE NORTHWEST ONE=QUARTER OF THE SOUTHWEST
ONE-QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO MERIDIAN, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, BEING FURTHER DESCRIBED AS THAT PORTION OF THAT CERTAIN
44.074 ACRE PARCEL SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 15 OF RECORD
OF SURVEY OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING IN THE NORTH LINE OF SAID PARCEL AT A POINT DISTANT SOUTH 0 DEG.
16' 55" EAST 29.00 FEET FROM A POINT IN THE CENTERLINE OF CRESCENT AVENUE,
SAID CENTERLINE BEING THE NORTH LiNE OF SAiD SOUTHWEST ONE-QUARTER,
DISTANT THEREON SOUTH 89 DEG. 39' 15" WEST 733.00 FEET FROM THE INTERSECTION
THEREOF WITH THE CENTERLINE OF LOARA STREET AS SHOWN ON SAID MAP AND
RUNNING THENCE SOUTH 0 DEG. 16' 55" EAST 359.42 FEET; THENCE NORTH 89 DEG. 43'
05" EAST 358.00 FEET; THENCE SOUTH 0 DEG. 16' 55" EAST 1.00 FOOT; THENCE NORTH
89 DEG. 43' 05" EAST 346 FEET TO THE EAST LINE OF SAID 44.074 ACRE PARCEL;
THENCE NORTH 0 DEG. 16' 55" WEST ALONG SAID EAST LINE 341.19 FEET TO A CURVE
IN THE BOUNDARY OF SAID PARCEL CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 20 FEET; THENCE NORTHERLY AND WESTERLY 31.44 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 90 DEG. 03' S0'; THENCE SOUTH 89 DEG. 39'
15" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL 683.98 FEET TO THE POINT
OF BEGINNING.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY
40.00 FEET ALONG THE EAST LINE OF SAID WEST HALF; THENCE AT RIGHT ANGLES,
WESTERLY 20.00 FEET; THENCE AT RIGHT ANGLES SOUTHERLY 10.00 FEET; THENCE
AT RIGHT ANGLES EASTERLY 10.00 FEET; THENCE AT RIGHT ANGLES NORTHERLY
10.00 FEET.
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WHEREAS, the City Planning Commission of the City Of Anaheim did hold a public hearing at the
Civic Center in the Ciry of Anaheim on June 3, 2002, at 1:30 p.m., notice of said public hearing having been duly
given as required Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proposed determination of public convenience
or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in
connection therewith; and was continued to the June 17, 2002 Planning Commission meeting; and
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the determination of
"public convenience or necessity" on those certain applications requiring that such determination be made by the
local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the
issuance of a license by the Department of Alcoholic Beverage Control (ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall
deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if
issuance would result in or add to an undue concentration of licenses, except when an applicant has
demonstrated that public convenience or necessity would be served by the issuance of a license; and
WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a
Determination of Public Convenience or Necessity in conjunction with a proposed amendment to a previously-
approved conditional use permit (No. 2000-04127) to permit the retail sale of beer and wine for off-premises
consumption at a previously-approved gasoline service station with accessory convenience market on certain real
property situated in the City of Anaheim, County of Orange, State of California, described as:
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 petitioner requests determination of Public Convenience or Necessity to permit retail sales of
alcoholic beverages for off-premises consumption within a proposed market;
2. The petitioner is requesting a Determination of Public Convenience or Necessity to permit the retail
sales of alcoholic beverages for off-premises consumption in conjunction with a 54,087 square foot market. Sales
of alcoholic beverages for off-premises consumption is a permitted accessory use in conjunction with markets
having 15,000 square feet or more of floor area.
3. On July 11, 1995, the Anaheim City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities relating to issuance of licenses by the Department of Aicoholic
Beverage Control of the State of Cafifornia (ABC) uvith regard #o applic~tions for licenses ~nrhich ~rould otherv~rise
be denied but for the issue of whether public convenience or necessity would be served by issuance of the license
and where the City is responsible under State law to make such determination, the resolution delegates such
determinations to the Commission with the right of appeal (or review) by the City Council.
4. Section 23958 of the Business and Professions Code provides that ABC shall deny an application
for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result
in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public
convenience or necessity would be served by the issuance of a license.
5. The property is located within Census Tract No. 866.02, which allows up to 4 off-sale licenses
based on a population of 6,177. Presently, 8 off-sale licenses exist in the census tract, including Smart and Final.
The Commission may wish to note that at the time the Smart and Final proposal was being considered, there was
an overconcentration off-sale licenses based on a population of 4,193 which allowed up to 3 off-sale licenses with
7 existing. Allowing an additional alcohol outlet would further increase the overconcentration in the area by
increasing the number of outlets to 9.
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6. The property is located within a large retail corridor. Due to the retail verses residential nature of
this tract, the number of allowable licenses established by ABC through population densities may be lower than
other census tracts with higher residential populations with fewer large retail opportunities.
7. The Police Department is concerned with permitting an additional alcohol establishment within a
Reporting District that has an above average crime rate. This request can be distinguished from Smart and Final
in that Smart and Final was an existing license within the City that was being transferred to another location. The
Gigante request would be a new license resulting in a net increase in the number of licenses within the City.
Therefore, due to the high crime rate and overconcentration, the Police Department recommends denial of this
request.
8. The Police Department has submitted a memorandum (copy attached) stating that this property is
located within Reporting District No. 1522, with a crime rate of 184 percent above the City average. (See
reporting district map attachment.) Reporting Districts to the north, south and west are also above the city-wide
average. Only the reporting district to the east has a crime rate below the City average. The crime rate for
Reporting District No. 1522 has remained the same since the Planning Commission approved the Public
Convenience or Necessity determination for Smart and Final on October 8, 2001.
9. According to the Anaheim Police Department, the reporting district crime percentages are
calculated by combining Part I crimes and Part II arrests. Part I crimes are the types of crimes listed below and
Type II arrests are all other types of crimes committed that resulted in an arrest. The following is a detailed
description of all Part I crimes and a summary of Part II arrests which have been reported for the subject and
surrounding reporting districts from May 1, 2001 to May 31, 2002:
PART I
CRIMES Reporting District
No 1421 Reporting District
No.1522 Reporting District
No. 1622 Reporting District
No. 1621
Homicide --- 2 --- ---
Rape 1 1 1 1
Robbery 3 12 7 2
Assault 15 19 5 6
Burglary 62 106 92 38
Larceny 24 61 219 38
Auto Theft 15 32 15 9
Arson --- --- ---
Total 120 233 339 94
PART II
ARRESTS Reporting District
No.1421 Reporting District
No.1522 Reporting District
No.1622 Reporting District
No.1621
Total 78 78 180 54
*Proposed Gigante Market would be located within Reporting District No. 1522
10. The Community Development Department had reviewed this request and concurs with staff's
recommendation for denial.
11. At the June 3, 2002, Commission meeting, the petitioner proposed to purchase an existing off-sale
license from a business located in an adjacent census tract. Staff has contacted the local ABC office and has
confirmed that the beer and wine license the petitioner proposes to transfer is currently located within Census
Tract No. 867.01, which allows for 6 off-sale liquor licenses. Currently, 7 active off-sale licenses exist in Census
Tract No. 867.01; therefore ~ new request for an off-sale license subsequent to the proposed transfer of one
existing license would require a determination of public convenience or necessity.
12. That no one spoke in opposition at the public hearing and no correspondence was received in
opposition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized
representative has determined that the proposed project falls within the definition of Categorical Exemptions,
Class 1, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to
prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby
determine that the public convenience or necessity will not be served by the issuance of a license for
Determination of Public Convenience or Necessity No. 2002-00006 at the location based on the following:
1. That approval of an additional off-sale license at this location would increase the over-concentration of
licenses within the census tract.
That the petitioner has not demonstrated that this request would serve to benefit the public in terms of
convenience or necessity since there are existing opportunities to purchase alcoholic beverages, including
grocery stores, within the census tract.
THE FOREGOING RESOLUTION was adopted at the Pfanning Commission meeting of
June 17, 2002.
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CHAIRPE ON, ANAHEIM PLANNING COMMISSION
ATTEST:
Lic„s-w~.+rr`- ~~ -
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
June 17, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2,n o~ day of ~~' ,
2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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