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Resolution-PC 2005-8~ _ ~ ~ RESOLUTION NO. PC2005-8 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 2004-232 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 2004-04906 (1801: EAST KATELLA AVENUE) WHEREAS, Conditional Use Permit No. 2004-04906 to modify required setbacks and to permit sales of alcoholic beverages for on-premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofts - Anaheim (a proposed high-density urban mixed-use center with 390 apartment dwelling'units located above 2,820 square feet of retail use, 7,839 square feet of restaurant use; and 6,297 square feet of clubhouse and feasing office surrounding a 5-level parking structure) with waivers of minimum dimension and area of patios/balconies and required building treatment adjacent to streets was considered by the City Council on November 16, 2004; and WHEREAS, on November 16, 2004, the Anaheim City Council did approve this conditional use permit by adopting Resolution No. 2004-232, said resolution included the following condition of approval: ' "53. That all above-ground utility devices shall be located on private property and outside any required setback area. Said information shall be shown on plans submitted for the first buildingpermits:'; and WHEREAS, this property is currentlyvacant land; that the property is zoned I(Industrial), and is designated for Mixed-Use land uses on the Anaheim General Plan Land Use Element Map; that the property is in the Katella District of the Platinum Triangle Master Land Use Plan (PTMLUP);'that the ` property is located within the Platinum Triangle Mixed Use (PTMU) Overlay zone; and WHEREAS, pursuant to Code Section 18.60.190 of the Anaheim Municipal Code (Amendment of Permit Approval) the petitioner has requested an amendment of this conditional use permit to modify condition of approval no. 53 pertaining to the location of above-ground utility equipment for a previously-approved mixed-use project (Stadium Lofts-Anaheim); and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 10, 2005, at 2:00 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 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and 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 the petitioner requests an amendment to conditions of approval under authority of Section 18.60.190 of the Anaheim Municipal Code to modify a condition of approval pertaining to the location of above-ground utility equipment in conjunction with a previously approved mixed-use project. 2. That the use is properly one for which a conditional use permit is authorized by this Code. 3. That the proposed amendment to conditions of approval will not adversely affect the adjoining land uses or the growth and development of the area in which it is located. ~ , CUP2005-008 -1- PC2005-8 (Tracking Na CUP2004-04939) ~ • 4. ' That the granting of this amendment to the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 5. 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 Planning Commission has reviewed the proposal to amend a condition of approval of Resolution No. 2004-232 pertaining to the location of an electrical transformer in conjunction with the previous approval of Conditional Use Permit No. 2004-0906 to modify required setbacks and to permit sales of alcoholic beverages for on-premises consumption in a proposed 7,839 square foot restaurant within the Stadium Lofts - Anaheim (a proposed high-density urban mixed-use center with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of restaurant use, and 6,297 square feet of clubhouse andleasing office surrounding a 5-level parking structure) with waivers of minimum dimension and area of patios/balconies and required building treatment adjacent to streets, and pursuant to the provisions of the California Environmental Quality Act ("CEQA"), by motion, does hereby find that the Mitigated Negative Declaration previously-approved in connection with Conditional Use Permit No. 2004-04906 is adequate to serve as the required environmental documentation in connection with #his request. . - NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject request to modify conditions of approval for Conditional Use Permit No. 2004-04906 and does hereby amend conditions of approval contained in Resolution No. 2004-232 to include the following conditions of approval with the modifications shown in bold text: 1. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2004- 00002, now pending. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. 3. That a private water system with separate water service for fire protection and domestic water shall be provided. 4. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 5. That all existing water services shall conform to current Water Utility Standards. Any existing water ' services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. If the existing services are no longer needed, they shall be abandoned by the property owner/developer. 6. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. PC2005-8 ~ _ ~ 7: That prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water ' Engineering Division of the Public Utilities Department for review and approvaL` The.master plan shall demonstrate the adequacy of the proposed on=site water system to meet the projecYs water demands and fire protection requirements. 8. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for_the project. This information will be used to determine the adequacy of the existing wa4er system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates Rules, and Regulations. 9. That individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and ' Regulations. 10. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. , 11. That signs shall be posted indicating no on-street parking shall be allowed on the adjacent streets except where designated turn-out areas are provided for loading and unloading. Such signs shall be' shown on plans submitted for the review and approval of the City Traffic and Transportation Manager. 12. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with the Planning Department. Said - information shall be specifically shown on plans submitted for building permits. 13. That the legal property owner shall provide the City of Anaheim with an easemenf for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to ' the City of Anaheim prior to connection of electrical service. ' 14. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail Na 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 15. That the proposed development shall operate in accordance with the written solid waste management plan signed on October 16, 2004, by the project applicant, Windstar Communities, lnc. Modifications : to the solid waste management plan shall only occur if mutually agreed upon by both the property " owner and the City of Anaheim Director of Public Works. 16. That any required relocation of City efectrical facilities shafl be at the property owner/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. 17. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police Department. CCN cameras shafl be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. -3- PC2005-8 ~ ~ 18: That an address monument and/or complex map shall be positioned to be readable from the main vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. , 19.`That each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex: Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building' permits. : 20. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof materiaL The numbers shall notbe visible from view of the street or adjacent properties. Said information shall be specifically shown on' plans submi4ted for Police Department, Community Services Division approvaL 21. That pedestrian and vehicular access control shal! be required to prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by emergency personneL The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. 22. That adequate lighting on all levels of the parking structure, including circulation areas, aisles, passageways, recesses; and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. 23. That prior to the issuance of the first building permit, the legal owner of the subject property shall irrevocably offer to dedicate to the City of Anaheim a public utility and sidewalk easement 3 feet in width immediately adjacent to the west property line for placement of street lights, stop signs, fire hydrants, etc. so as not to encroach onto the public sidewalk along the Connector street. 24. That prior to the issuance of the first building permit, a cash payment shall be made to the City of Anaheim for the future construction of one-half of the Connector street between Katella Avenue and Wright Circle to the standards required in The Platinum Triangle Master Land Use Plan. The amount of the cash payment is set forth in Exhibit "G', Connector Street Cost Estimate of Development Agreement No. DAG2004-00002. 25. That prior to the first final building and zoning inspection, the interim improvements for the Connector street between Katella Avenue and Wright Circle shall be complete and the pavement shall be repaired and resurfaced to provide a minimum pavement life of ten-years to the satisfaction of the Public Works Department. 26. That prior to issuance of the first building permit, the property owner shall provide an irrevocable offer of dedication to the City of Anaheim for the future Connector street between Katella Avenue and Wright Circle, as shown on the approved site plan. The City may defer acceptance of said offer up to the time that additional dedication and improvements are provided to meet the minimum standards for a Connector street as provided in the Platinum Triangle Master Land Use Plan. That prior to the issuance of the first building permit, the City Engineer and City Attorney shall approve and the property owner shall record a maintenance covenant providing for the continued operation and maintenance of the street as a private street until such time as the City accepts the offer of dedication. ~ ~ 27: That prior to issuance of the first building permit, the legal property owner shall irrevocably offer to dedic'ate an easement to the City of Anaheim for road, public utilities and other public purposes 72- feet from the centerline of State CoUege: Boulevard; 72-feet from the centerline of Katella Avenue and 38'feet from the centerline of Wright Circle; and 28-feet for the Connector Street between Katella Avenue and Wright Circle, as shown on exhibits approved in conjunction with this Conditional Use Permit, on file in the Planning Department. 28. That prior to the issuance of the first building permit, the legal property owner shall submit interim improvement plans for the Connector street to the Development Services Division of the Public Works Department for review and approval. The Connector street improvements shall be developed in accordance with the approved plans prior to final building and zoning inspections 29: That prior tothe issuance of the first building permit, the legal property owner shall finalize the abandonment of the existing publicUtilities easement (ABA2004-000098) to the satisfaction of the Development Services Division of the Public:Works Department. 30. That Street and Supplemental Lanes intersection improvements including street widening, sidewalk and parkway landscaping and irrigation shall be constructed along State College Boulevard (future 6 Lane Major, no bike lane, future 60-foot half width with an additional supplemental right turn lane, resulting in a 72-foot wide half width) and Katella Avenue (8 Lane Major, 72-foot half width) in conformance with Public Works Standard Detail 160-A, Supplemental Lanes Detail 164-A (3 thru lanes,,dualJefts, one right) and The Platinum Triangle Master Land Use Plan. The existing curb along State College Boulevard north of supplemental lane (43-feet from the street centerline) may remain during the interim condition until the future railroad grade separation is constructed. Wright Circle shall also be improved per approved plans. Parkway landscaping along all streets shall be installed and maintained by the property owner with irrigation connected to the on-site system. An improvement bond in a form acceptable to the CityAttorney shall be posted prior to the issuance of the first building permit and street improvements shall be complete prior to the first final building and zoning inspection. 31. That the legal property owner shall obtain a right-of-way construction permit at the Public Works - Engineering counter for all work within the public right-of-way. All improvements must be complete and accepted by the field Engineer prior to the first final building and zoning inspection. Any existing ' improvements damaged prior to or during construction at the site must be repaired prior to clearance for certificate for occupancy. 32. That prior to issuance of the first building permit, a!ot line adjustment plat shall be submitted to the Subdivision Section (Development Services Division) of the Public Works Department and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the three existing lots such that any new building lies completely within one (1) parceL 33. That the portions of the retaining wall adjacent to Wright Circle and State College Boulevard that will be visible from the rights-of-way upon completion of right-of-way improvements for the railroad grade separation, shall be constructed of decorative split face brick or other decorative brick as approved by the Planning Services Division of the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 34. That ongoing during project operation, the property owner/developer shall ensure that the business operator of the subject restaurant shall continuously adhere to the following conditions, as required by the Police Department: a. That the establishment shall be operated as a"Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. b. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. -5- PC2005-8 ~r s c. That food service with a full meal shall be available from opening time until either 10:00 p.m. or closing time, whichever occurs first, on each day of operation. d. That there shall be no pool tables maintained upon the premises at any time. ' e. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type , license nor shall the establishment be operated as a public premise as defined in S'ection 23039 of the California Business and Professions Code. f. That the sales ofialcoholic beverages shall not exceed 40% of the gross sales of all [etail sales during any three (3) month period. The business operator shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available, subject to audit and, when requested, inspection by any City of Anaheim official during reasonable business hours. g. 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. h. That sales of alcoholic beverages for consumption off the premises shall be prohibited. i. That there shall be no exterior advertising of any kind or type, including advertising directed to #he exterior from within, promoting or indicating the availability of alcohol beverages. : j. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to on-site residents or off-site nearby residents. k. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. L That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire ' Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to permit deliveries and in cases of emergency. m. That the portion of this permit regarding the sales of alcohol shall expire five years from the date of approval unless a valid license has been issued by the California Department of Alcoholic Beverage ControL n. That the outdoor dining area shall be completely enclosed by decorative fencing, complementary to the design of the building or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by - patrons/employees other than in an emergency. Said information shall be specifically shown on plans submitted for building permits. o. That there shall be no direct pedestrian access to the outdoor dining area from outside the building. All access to this area shall be solely through the restaurant. p. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed . upon patrons as a condition of entry to the premises. q. That the subject alcoholic beverage license shall not be exchanged for a public premise (bar) , type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. -6- PC2005-8 ~ ~ ' r. That at all times that entertainment or dancing is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement ofpersons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering orJeaving the premises. s. That there shall be no public telephones on the premises located within the view of any right-of- way. t. That any and aU security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 35. That'french doors acceptable to the Planning Services Division shall be provided on all patio (ground- floor) doors. Said information shall be specifically shown onplans submitted for building permifs. 36. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Said information shall be specifically shown on the plans submitted for building ; permits. 37. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 38.' That the tubular steel fence to be constructed on top of the retaining wall adjacent to State College' Boulevard and Wright Circle, shall not exceed three (3) feet in height as measured from the top of the retaining walL C{inging vines shall be planted on maximum 5-foot centers, irrigated and maintained, adjacent to said fence and wall. Said information shall be specifically shown on plans submitted for building permits. 39. 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. , 40. 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. 41. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 125 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 42. That signage for subject facility shall be limited to that sh,own on the approved Conditional Use Permit exhibits submitted by the project applicant, on file in the Planning Department. Any additional signage shall be subject to approval by the Planning Director. 43. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the E~gineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 44. 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: 402, 436, . -7- ; PG2005-8 ~ ~ 470, 471, 472, 473 and 475 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 45. That all driveways to the project site shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No: 115. Said information shall be specifically shown on plans submitted for building permits. 46. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 47. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard Na 115 pertaining to sight distance visibility for signs or wallffence'locations. Said information shall be specifically shown on plans submitted for building ~ permits. 48. That the driveway into the project from Katella Avenue shall be limited to right-in and right-out only. 49. That the owner of subject property shall submit a letter requesting termination of Variance Na 4129 '(to waive required dedication of right-of-way to construct a 1;000 square foot outdoor dining area with sales of alcoholic beverages for on=premised consumption), Conditional Use Permit No. 1427 (to establish two enclosed restaurants with cocktail lounges, in an officebuilding and bank site waiving permitted uses, minimum lot size, permitted sign location, maximum sign area and minimum distance between signs), and Conditional Use Permit No. 2862 (to permit a semi-enclosed restaurant with sales of alcohol for on-premises consumption with waivers of maximum wall height, minimum structural setback, permitted encroachments and minimum number of parking spaces) to the Planning Services Division of the Planning Department. 50. That prior to the issuance of the first building permit, the legal property owner shall demonstrate that efforts have been made to obtain the consent of the owner of the property at 1701 East Katella Avenue to close the first existing driveway opening from the existing private alley (future Connector street) just north of Katella Avenue. If consent is obtained, the driveway shall be closed prior to the first final building and zoning inspection. 51. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 52. That visitor parking spaces shall be posted, "No Overnight Parking, Except. by Permission of the Management." Said information shall be specifically shown on plans submitted for building permits. 53. That with the exception of the electrical transformer to be located within the Wright Circle right-of-way, all above-ground utility devices shall be located on private property and outside any required setback area. The location of the electrical transformer within the Wright Circle right-of-way shall be subject to the approval of the Utilities and Public Works Departments. Said information shall be specifically shown on plans submitted for buifding permits. 54. That an Encroachment License Agreement, signed by the property owner, shall be submitted to the Public Works Department prior to the issuance of the first building permit. 55. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 105, and as conditioned herein, 56. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 7, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 22, 23, 24, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 38, 43, 44, 45, 47, 49, 50, 51, 52, 53 and 54, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. =8- PC2005-8 ~ ~ 57. That prior to final building and zoning inspections, Condition Nos. 21, 25, 30, 31, 50 and 55, above-mentioned, shall be complied with: 58. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipaf Zoning Code and any otfier 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 IT FURTHER RESOLVED that the Anaheim 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. AND BE JT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure' to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ' January 10, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to a. a cedures and may be replaced by a City Council Resolution in the event of an appeaL w CHAIRMAN, A AHEIM PLANNING COM SION ATT T: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELAZQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: O'CONNELL VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have ereunto set my hand this ~ day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -9- PC2005-8