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Resolution-PC 2004-105~ ~ RESOLUTION NO. PC2004-105 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THATPETITION FOR CONDITIONAL USE PERMIT N0. 2004-04876 BE GRANTED (5747 EAST SANTA ANA CANYON ROAD) WHEREAS, the Anaheim City Planning Gommission 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 LOT 4 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A UCENSED SURVEYOR'S MAPS FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS 1N THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, ' DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS SHOWN ON A ' MAP RECORDED IN BOOK 326,' PAGES'' 18, 19 AND '20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING APOINT ON THE NORTHWESTERLY LWE ' OF THE SANTA 'ANA VALLEY IRRIGATION COMPANY, AS DESCRIBED W DEED , RECORDED MARCH 7, 1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY L1NE SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35 WES7 298.59 FEET TO THE SOUTHWESTERLY CORNER O~ THE LAND DESCRIBEDJN DEED TO W.F. GLEASON AND WIFE, RECORDED MAY 22, 1951 IN BOOK 2191, PAGE 226 OF SAID OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NOR7HWESTERLY LINE SOUTH 74° 10' 35" WEST 715.09 FEET TO THE BEGlNNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A' RADIUS OF 818.20 FEET, AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 21' 14", AN ARC DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS SOUTH 06° 28" 11" EAST; THENCE ALONG SAID WESTERLY LINE, NORTH 0° 16' 25" WEST 609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 27, 1969 IN BOOK 9995, PAGE 577 OF OFFICIAL RECORDS; 'THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, NOR7H 70° 23' 17" EAST 132.19 FEET, NORTH 60° 52' 01" EAST 189.71 FEET, AND NORTH 56° QO'53" EAST 179.51 FEE7 TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET, SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET TO THE NORTHWESTERLY CORNER OF SAiD LAND OF W.F. GLEASON; THENCE ALONG THE WES7ERLY LINE OF SAID LAS7 MENTIONED LAND, SOUTH 03° 22' 25" EAST 464.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 1A: COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER MAP RECORDED IN BOOK 326, PAGES 18 THROUGH 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING A7 A POINT ON THE NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, 7160 FEET NORTHWESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF THE WESTBOUND LAND THEREOF AS SHOWN ON SA1D TRACT NO. 7470; THENCE ALONG SAID NORTHWESTERLY LIEN OF SANTA ANA CANYON ROAD, SOUTH 74° 10' 35" WEST 507.09 FEET, AND NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35" WEST 269.55 FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 15° 49' 25" EAST 42.60 FEET; THENCE SOUTH 74° 10 35" WEST 660.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1968.00 FEET; THENCE ALONG SAID CURVE, THROUGH AN ANGLE OF 6° 39' 31", AN ARC LENGTH OF 228.71 FEET TO A POINT ON 7HE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINE, NORTH 00° 16' 15" Cr\PC2004-105 -1- PC2004-105 ~ ~ ~ WEST 41.74 FEET TO A POINT ON A CURVE NORTHWESTERLY AND HAVING A RADIUS OF 818.20 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6° 28' 11" WEST; THENCE EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 9° 21' 14", AN ARC LENGTH OF 133.56 FEET; THENCE ALONG TANGENT LINE, NORTH 74 10' 35" EAST 744.13 FEET TO THETRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN "THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTERLINE OF PLACENTIA-YORBA ROAD, AS SHOWN ON PLANS ENTITLED " PLAN AND PROFILE OF PLACENTIA-YORBA ROAD"'ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; DISTANT THEREON NORTH 0°28' 36" EAST 384.41 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF SANTA ANA CANYON ROAD, 80.00 FEET WIDE, AS SHOWN ON A MAP ON FILE. IN SAID OFFICE OF THE COUNTY SURVEYOR; THENCE SOUTH 83°46' 57" EAST 230.68 FEET TO THE WEST LINE OF THAT CERTAW PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK2441, PAGE 84 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE NORTH 65° 02' 06" EAST 202.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 25° 25" EAST 160.31 FEET; THENCE NORTH 71°12' 00" EAST 116.09 FEET TO THE SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL C2577) REGORDED FEBRUARY 27, 1969 W BOOK 8885, PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE EASTERLY L~NE OF SAID LOT 3, SOUTH 0° 32' 18" WES7 609.26 FEET TO A POINT IN THE NORTHERLY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON A MAP FILED IN BOOK 4, PAGES 44 TO 50 INCLUSIVE OF RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE RECORD OF SURVEYS IN SAID-0FFICE, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS -0F 818.20 FEET; THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF 323.85 FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1 DEGREE 50' 03" WEST, 257.80 FEET' IN PARCEL 2 OF THAT PORTION OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY OF ANAHEIM (REL-820) BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED IN BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON MAP RECORDED MAY 23, 1973 IN BOOK 9, OF STATE HIGHWAY MAPS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE OF IMPERIAL HIGHWAY, NORTH 1° 50' 03" EAST 257.80; FEET: THENCE NORTH 9° 56' 32" EAST 276.46 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2A: ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934 IN BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, LYING WITHIN THE LIMITS OF THE SOUTHERLY PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEY5 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE, AND THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 23, 2004 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 18.60, to -2- PC2004-105 ~ ~ hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Planning Commission did continue this public hearing upon request of the petitioner in order to modify said request to include a total of five (5) retail tenant spaces with the proposed building, and such public hearing was held at the Civic Center in the Ci4y of Anaheim on September 20, 2004 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 18.60, 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 WHEREAS, said Commission, after due inspection, investigation and study made by itseff and in its behalf, and afterdue consideration of all evidence and reports offered at said hearing, does find and determine the following facts , 1. That the request to construct a freestanding building consisting of five (5) commercial retail tenant spaces, roof-mounted equipment, and outdoor dining area in conjunction with an existing commercial retail center is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18:08.030.040.0402 and 18.18.090.0202, with waiver of the following: SECTIONS 18.42.040.010 Minimum number of parkinq spaces. (1.155 required; 865 existing and proposed and recommended by the City Traffic and Transportation " Manager) 2. That the waiver, based on the parking study submitted by the applicant and under the , conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal : and reasonably foreseeable conditions of operation of the use. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use, since at peak demand only 69.5% of onsite parking spaces would be utilized. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use as there would be a surplus of 263 parking spaces at peak demand with the establishment of the proposed building. 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 6.That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 7. That the size and shape of the site for the proposed use is adequate to allow full development of said uses in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 8. That the traffic generated by the proposed uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That the proposed uses, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which they are located. 10. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. -3- ' PC2004-105 ~ ~ 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposal to construct a freestanding building consisting of five (5) commercial retail tenant spaces, roof-mounte~ equipment and outdoor dining area in conjunction within an existing commercialretail center with waiver of minimum number of parking spaces; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the iead 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 theAnaheim 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 the number of tenant spaces in this commercial retail building,shall be limited to five (5). Said information shall be specifically shown on the plans submitted for building permits. 2. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time without issuance of property permits as required by the Anaheim Municipal Code. 3. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 4. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easify discemible the appearance and conduct of all persons on or about the parking lot Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for building permits. 5. That all plumbing downspouts, ladders and/or other similar pipes and fixtures located on the exterior of the building shall be integrated into the architecture of the building. Said information shall be specifically shown on the plans submitted for building permits. 6. That there shall be no public telephones on the premises located outside the building. 7. That window signage shall not be permitted. 8. That if required to serve the building, the legal owner of subject property shall provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 9. That any required relocation of City electrical facilities sha11 be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 10. That the legal property owner shalf submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division for the parcel on which the proposed building is located. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 11. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: -4- PC2004-105 +r ! . Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving naturai areas. . Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • ldentifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 12. That prior to issuance of a certificate of occupancy, the applicant shalL• . Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. . Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 14. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. ' 15. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 16. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Qepartment, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. Said information shall be specifically shown on the plans submitted for building permits. 17. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 18. That the location of the trash enclosure shall be reviewed and approved by the Public Works Department, Streets and Sanitation Division, for safety and the on-site trash truck turnaround. 19. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 20. 7hat no outdoor vending machines shall be permitted on the property. 21. That four (4) foot high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shalf be specifically shown on the plans submitted for building permits. 22. That no outdoor storage shall be permitted on the premises. 23. That final sign plans for the wall signs shall be submitted to the Planning Services Division for review and approval. Any decision made bystaff regarding the sign plans may be appealed to the Planning Commission as a`Reports and Recommendations' item. . -5- PC2004-105 ~ ~ 24. Thatthe plans submitted for building permits shall specify a decorative pavement treatment for the walkways/pedestrian accessways to the new building. 25. That all backflow equipment shall be located above ground and outside the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any otheriarge water system equipment shall be installed to the satisfaction of the Water Engineering Division in eitherUnderground vaults or outside the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approvaL 26. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 27. That individual water service and/or fire fine connections shall be required for each parcel or commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 28. That because this project has a landscaping area exceeding two thousand five hundred (2,500) square' feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No: 5349 regarding water conservation. Said information shall be specifically shown on the plans submitted for building permits. 29. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or to abandon any water seryice or fire line. 30. That the property owner shall submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No. 2003-04750 (to construct a full service restaurant with on-premises sales and consumption of alcoholic beverages, including outdoor dining, and roof-mounted equipment in the CL (SC) zone with waivers of maximum number of wall signs and minimum front setback adjacent to a scenic highway), Conditional Use Permit No. 2001-04428 (to permit the expansion of an existing full- service restaurant, including outdoor dining areas and the continued sales of alcoholic beverages for on-premises consumption in conjunction with an existing commercial retail center), Variance No. 4209 (waiver of prohibited roof-mounted equipment to retain a roof-mounted satellite dish antenna), Conditional Use Permit No. 3221 (to permit a veterinary clinic), Conditional Use Permit No. 1735 (to permit sa~es of beer and wine for on-premises consumption in a proposed restaurant), Conditional Use ' Permit No. 1727 (to permit sales of (a) beer and wine for on-premises consumption in a proposed restaurant, and (b) alcoholic beverages for on-premise consumption in a proposed restaurant) and Conditional Use Permit No. 1608 (to permit sales of beer and wine for on-premises consumption in a proposed restaurant). 31. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3, 4, and 5, and as conditioned herein. 32. That all roof mounted equipment shall be in conformance with Exhibit Nos. 2 and 4 and shall be in compliance with Code Section 18.090.020 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 33. That all outdoor dining shall be in conformance with Code Section 18.38.220.020.0201 through .0205. of the Anaheim Municipal Code. Said information shall be specificallyshown on plans submitted for building permits. -6- PC2004-105 ~ ~ 34. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year from the date of thisresolution, whichever occurs first, Condition Nos. 1, 4, 5, 8, 9, 10, 11, 15, 16, 17, 18, 21, 23, 24, 25, 28, 30, 32 and 33, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Chapter 18.60 of the Anaheim Municipal Code. 35, That prior to final building and zoning inspections, Condition Nos: 12, 29 and 31, above-mentioned, shall be complied with. 36. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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 regarding any other applicable ordinance, regulation or requirement. BE {T FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction; then this Resolution, and any approvals herein contained, shall be deemed null and void. - : THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 20, 2004. Said resolution is subject to the app al provisions set forth in Chapter 18.60. "Procedures" of the Anaheim Municipal Code pertai ing ap,peal pr ures and may be replaced by a City Council Resolution in the event of an appeaL CH MAN, A AH CITY PLANNING COMMISSION ATTEST: R SECRE7ARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior 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 September 20, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES VELASQUEZ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2004. /, 1 ~/!/~ ~~. SENIOR ECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2004-105