Minutes-PC 1992/03/09
ACTION AGENDA
MEETING OF THE ANAHEIM CITY PLANNING COMMISSION HEARING
MONDAY, MARCH 9, 1992 AT 10:00 A.M.
REGULAR PRELIMINARY PLAP1 REVIEW PUBLIC HEARING
(PUBLIC TESTIMONY)
10:00 A.M. 1:30 P.M.
COMMISSIOT;ERS PRESENT: BOUAS, BRISTOL, HELLYER, HENNINGER,
HENNINGER, MESSE PERAZA
PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS
1. The proponents in applications which are not contested will have five
minutes to present their evidence. Addit±onal time will be ~iranted upon
request if, in the opinion of the Commission, such additional time will
produce evidence important to the Commission's coneideraticn.
2. in contested applications, the proponents and opponent will each be given
_ ten minutes to present his case unless additional time is requested and the
complexity of the matter warrants. The Commission's cor.siderationa are not
determined by the length of time a participant speaks, but rather by what
he says.
3. Staff Reports are part of the evidence deemed received by the Commission in
each hearing. Copies are available to the public prior to the meeting.
4. The Commission will withhold questions until the public hearing is closed.
5. The Commission reserves the right to deviate from the foregoing if, in its
opinion, the ends of fairness to all concerned will be served.
6. All documents are presented to the Planning Commission for review in
connection with any hearing, including photographs or other acceptable
visual representations of non-documentary evidence, shall be retained by
the Commission for the public record and shall be available for public
inspections.
7. At the end of the scheduled hearings, members of the public will be allowed
to speak on items of interest which are within the jurisdiction of the
Planning Commission, and/or agenda items. Each speaker will be allotted a
maximum of five (5) minutes to speak.
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3/09/92
Page 1
la. CE;7A NEu^ATIVE DECZARATION Continued
lb. WAIVER OF Q7DE RECXIIRII'43V'P to 3/23/92
Ic. Gt~NDITIONAL USE PERMIT NO. 3465
CWNER: TIMOTHY J. AND CATHLEEN A. O'NEILL, 3100 E. Birch,
Brea, CA 92621
IfxAPION: 1420 N. Lertnn Strnet. Property is approximately
1.13 acre located at the northeast corner of Lemon
Street and the Riverside (91) Freeway.
To permit an automobile repair center with waiver of minimum
structural setback.
Continued from the October 21, December 16, 1991, January 27 and
February 10, 1992 Planning Commission meetings.
CONDITIONAL USE PERMIT RESOLUTION N0.
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FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE
CONSIDERED OFFICIAL MINUTES.
ACTION: Continued to March 23, 1992 to allow Traffic Engineering and
~. PC to review the traffic report.
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3/09/92
2a. CDJA NEC,ATIVE DECLARATION (READVERTISED)
2b. REY.ZASSZFICATION NO. 91-92-12 (READVERTISED)
2c. WAIVER OF ODE RECXIIRF7~~'N'1'
2d. O~NDITIONAL USE PERMIT N0. 3489 (READVERTISED)
CWNER: Attn: Mrs. Winds (WEN-NZNG) KU0,1-HSIUNG KUO AND
SHU-CHIH LIAO/KUO FAMILY TRUST, 25683 Nellie Gail,
Laguna Hills, CA 92653
AGETVT: Attn: Yvonne Yao, JARARETT AND SUHARNOKOK, 5514
Wilshire Blvd., #900 Loa Angeles, CA 90036
I,C~ATION: 1556 West Xatella A47enue. Property is
approximately 0.83 acres located on the south aide of
Katella Avenue and approximately 650 feet west of the
centerline of Ninth Street.
Reclassify from RS-A-43,000 to CL Zone.
To permit a commercial retail center with waiver of maximum
fence height.
Continued from the February 10, 1992 Planning Commission
meeting.
RECLASSIFICATION RESOLUTION N0. PC92-26
CONDITIONAL USE PERMIT RESOLUTION NO. PC92-27
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE
CONSIDERED OFFICIAL MINUTES.
OPPOSITION: 2 interested persons were present; not opposed but had
concerns regarding the height of the wall and trimming of trees.
ACTION: CEQA Negative Declaration - Approved
Reclassification No. 91-92-12 - Granted
Waiver of Code Requirement - Approved
Conditional Use Permit No. 3489 - Granted
Subject to following conditions:
1. Fence height to be 9 feet; to be erected prior to
demolition.
2. Adjacent property owners requested that Eucalyptus
gees and avocado trees be trimmed. Petitioner agreed.
VOTE: 7-0
Approved
Granted
Approved
Granted
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3/09/92
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3M. ~'~A NFK,ATIVE DECLARATION Approved
3b. ra~VERAL PLAN AM1~VDl~Pl NO 326 Granted
City Initiated by the City of Anaheim, 200 S. Anaheim Blvd.,
Anaheim, CA 92805
An amendment to the City of Anaheim General Plan
incorporating the proposed Growth Management Element. This
Element represents the City's most current expression of
Growth Management policies and is the key resource document
for growth management concerns. The Element lists the
current and future statue, goals and policies for the
following services/facilities: land use, police, fire,
library, water, electrical, circulation, air quality, parks
and open apace, sanitary sewer, storm drain, flood control,
schools ae well as an implementation program.
GENERAL PLAN AMENDMENT RESOLUTION NO. PC92-28 (~/~~
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FOLLOWING IS A SUMMARY OF THF. PLANNING COMMISSION ACTION. NOT TO BE
CONSIDERED OFFICIAL MINUTES.
Note: Correspondence was received from the Anaheim City School
District by Superintendent Mel Lopez. Correspondence was also
received from Foothill Community Builders in response to the Growth
Management Element.
OPPOSITION• 42
OPPOSITIOII CONCERNS: Dr. Lopez, school district, wanted Commission
to have developers to negotiate with them first and fully mitigate
school impacts before going before Planning Commission.
other input - need to maintain and improve the quality of life in
Anaheim; children need to come first.
PETITIONER'S COMMENTS: City initiated.
COMMISSION COMMENTS: Did not think it was fair for developers to
have to go through School District first; school district could deter
any new growth in an effort to keep student enrollments down; the
Commission has many areas of concern throughout the City and not just
those of the school district.
STAFF COMMENTS: Selma Mann, Deputy City Attorney, would be opposed
to requiring new development to bear the brunt for the impacts of not
just the new development, but other sources of new students in the
various districts (there are up to 10 districts); this type of policy
statement in the General Plan would then place every developer at the
mercy of whatever multiple school district could arguably find where
'-~ there might be some kind of connection or nexus where there might be
some impact on that particular school district.
3/09/92
Page 4
With regard to tentative maps, it would be illegal and completely
against the requirements of the Subdivision Map Act or the School
~-_ Facilities Act, that prohibit the Planning Commission from denying a
development on this basis; it has been their analysis that by
adopting this language, the only thing the City would accomplish is a
loss of flexibility in being able to make decisions that impact needs
other than a school district; despite the statement that it is not a
request that the City forfeit control over Planning, that is
precisely what the ultimate affect would be; there are conflicting
demands upon cities; the City Attorney's Office recommends against
adopting the aY~ve mentioned policy because it would provide an
avenue for additional litigation; it would not be clear; it would
open an opportunity for a CEQA litigation on any project that would
nut meet a particular school district's definition or opinion on what
would be adequate, permanent school facilities and it would open the
City to litigation with regard to internal consistency within the
General Plan everytime any sort of decision would be made that
potentially impacted school facilities; would not be a proposal that
their office would support.
Mary McCloskey, Deputy Planning Director, stated they did review the
letter received from the Foothill Community Builders and spoke to
them prior to the meeting about the comments raised. She stated it
is their opinion that with the exception of a few areas, that the
language in the document is appropriate as presently set forth.
S'.•. referenced item no. 3 and stated they will clarify that when
informational changes or updates are necessary; that it will be done
through the annual monitoring and that will not require a GPA.
She referenced item no. 8, relative to Development Agreements. She
stated they will ensure that the language in the document indicates
that it applies and exempts any projects where a Development
Agreement has been approved.
She referenced item no. 7 relative to Circulation, and stated John
Lower, the City Traffic and Transportation Manager, is agreeable to
deleting the figures in the tables under 7A; and under 7B, he is also
agreeable that, that figure can be deleted; under paragraph 7C, he
also agrees with that change on page 44, 3rd paragraph. She
explained he wanted to say "that an annual monitoring report detailed
later in this section will be prepared for all deficient and near
deficient locations. She explained he wanted the word "location"
rather than the last word "arterials." She explained that is so that
`.he intersections can also be addressed.
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Page 5
Commissioner Henninger asked about paragraphs 4 and 5
Me. McCloskey stated relative to the Air Quality Element language,
they did believe there should be an Air Quality section in the Growth
Management Element because there is an overlap of the Air Quality
Management Plan that does relate to the nexus between air quality and
growth management; the Public Works Department is in the process of
preparing, either the element or a plan that will either be a
separate document or it will be incorporated by reference into the
growth management plan upon its consideration or adoption by the
City.
Commissioner Henninger asked if it was clear in that section that
they were not entirely committed to an air quality element, i.e.,
that they are going to provide an element or other implementation as
may be appropriate?
Ms. McCloskey stated she believed that the language is flexible in
the document, however, they will review the document to make sure
that is clear. She explained it can be an element or a plan and the
City will make sure that the standards and the requirements of that
plan are incorporated into the City documents in the best possible
location.
She referenced item no. 5 and stated they are using established
standards in the element and the standards that were approved in the
East Anaheim or Hill and Canyon Area were tailored to the projects in
_ that area and those projects are all covered with Development
Agreements. She further stated in the case of the standards that
they were using, those are their existing standards that have been
included into the document.
Commissioner Henninger asked if they could make some mention of the
fact that there have been negotiated special standards where
appropriate for some of the master planned communities and asked if
*.hey could add language to reference that and Ms. McCloskey indicated
they could do that.
Debbie Fank, Planning, added language to the negative declaration as
noted below.
ACTION: CEOA Negative Declaration - Approved
That the following language is to be added to the neg. dec.:
"that the declaration reflects the independent judgment
of the lead agency."
General Plan Amendment No. 326 - Granted
Subject to the following changes:
VOTE: 6-0 (Commissioner Peraza declared a conflict of interest)
3/09/92
Page 6
4d. CEI7A NFX,ATIVE DECLARATION Continued
4b. RECLASSIFICATION NO. 91-92-i3 to 3/23/92
4c. WAIVER OF LDDE RECXIIREMEN'l
4d. GUNDITIONAL USE PERMIT NO. 3494
4e. TENTATIVE TRACT MAP NO. 14611
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CWNE.RS: NEWPORT PACIFIC REALTY & INVESTMENT, 4400 MacArthur
Bl.vd., Ste. 900, Newport Beac2., CA 92660
AC3FdVT: NEWPORT PACIFIC DEVELOPMENT CORP., 4400 MacArthur
Blvd., Ste. 900, Newport Beach, CA 92660
LOCATION: 2861-2863 West Linmin Avenue ~1e1 Air Manor).
Property is approximately 1.8 acres located on the
north Bide of Lincoln Avenue and approximately 300
feet east of the centerline of Bel Air Street.
Reclassify from RM-1200 to RM-2400 Zone.
To permit the conversion of an existing 65-unit "deck-type"
apartment complex to a 65-unit "affordable" "deck-type"
condominium complex with waiver of minimum building site area
per dwelling unit and required elevators.
To establish a 1-lot, 65-unit, RM-2400, air-apace, condominium
subdivision. Property is approximately 1.8 acres located on the
north side of Lincoln Avenue and approximately 300 feet east of
the centerline of Bel Air Street.
RECLASSIFICATION RESOLUTION N0. -
CONDITIONAL USE PERMIT RESOLUTION N0. --
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE
CONSIDERED OFFICIAL MINUTES.
ACTION: Continued to March 23, 1992 in order to readvertiee subject
petition.
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Page ~
Sa. GZbA NEGATIVE DECLARATION Approved
- 5b. GIIVERAI, PL.'dN Ah1ETIDNIEN'P NO. 327 Denied
5C. RECLASSIFICATION NO. 91-92-15 Cont'd/5-4-92
5d. VARIANCE IVO. 4175 Denied
OWNER: MARGARET L. PETER, 610 S. Sunk!.st St., Anaheim, CA
92806
AGENT: HCD CORP., F.O. BOX 5410, Fullerton, CA 92635
LOCATION: 610 South Stulkist Street. Property is
approximately 1.08 acres located on the east aide of
Sunkist Street and approximately 400 feet north of
the centerline of South Street.
Amendment to the Land Use Element of the General Plan
redeaignating the subject property from the existing Low-Density
Residential to the Low-Medium Density Residential designation.
Reclassify from RS-A-43,000 to RM-3000 Zone.
Waiver of maximum structural height, maximum fence height and
required setback adjacent to single-family residential zone to
construct a 10-unit condominium complex.
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~. GENERAL PLAN AMENDMENT RESOLUTION N0. PC92-29
0
RECLASSIFICATION RESOLUTION N0. --
VARIANCE RESOLUTION N0. PC92-30 /
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FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE
CONSIDERED OFFICIAL MINUTES.
OPPGSITION: 19 (1 in favor of rezone)
OPPOSITION CONCERNS: Density too high; this is a single-family
residential area and they want it to remain that way; impacts on
schools and traffic issues were raised.
COMMISSION COMMENTS: All for condos, however, this area is
surrounded by RS-7200; this ie spot zoning.
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3/09/92
Page 8
ACTION: CEQA Negative Declaration - Approved
General Plan Amendment No. 327 - Denied
(Proposed condominium density is not compatible with
the existing surrounding General Plan Low-Density
Residential RS-7200 Zone designations).
Reclassification No. 91-92-15 - Continued to 5/4/92
(Applicant to bring back site plans for single-family)
Variance No. 4175 - Denied
(No discernible hardships)
VOTE• 7-0
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Page 9
6a. CEbA NEGATIVE DECLARATION
6b. Gt~NDITIONAL USE PERMIT NO. 3496
OWNER: EVERETT H. MILLER AND ELMA M. MILLER, 270 Roycroft
Avenue, Long Beach, CA 90803
AGENT: RANI EL HAI, 944 S. Brookhurst Street, Anaheim, CA
92804
LOCATION: 944 South Bznokhurst Street. Property is
approximately 0.35 acres located on the east aide of
Brookhurat Street and approximately 200 feet north of
the centerline of Ball Road.
To retain and expand a convenience market.
CONDITIONAL USE PERMIT RESOLUTION N0. PC92-31
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE
CONSIDERED OFFICT.AL MINUTES.
OPPOSITION: None
ACTION: CEQA Negative Declaration - Approved
Add language "that the declaration reflects the independent
judgment of the lead agency."
Conditional Uae Permit No. 3496
Add condition that hours be from B:OOa.m. to 11:OOp.m.
VOTE: 7-0
Approved
Granted
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3/09/92
Page 10
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7a. CEtOR NEGATIVE DECLARATION Approved
-.. 7b. WAZVER Ob' Ot~DE REG~[TIREMFT]T Approved
7C. C1~NDI'1'IONAL USE PERMIT NO. 3501 Granted
OWNERS: REDONDO INVESTMENT COMPANY, P.O. Box 14478, Long
Beach, CA 90803
AGENT: HARRY S. WEINROTH/HSW Associates, P.O. Box 1566, San
Juan Capistrano, CA 92693
LOCATION: 6330-6396 Santa Ana Canyon ROad (Anaheim Hills
Shpp~].ix~illa4e. Property ie approximately 6.6
acres located at the southwest corner of Santa Ana
Canyon Road and Fairmont Boulevard.
To permit a semi-enclosed restaurant within an existing
commercial retail center with waiver of minimum number of
parking spaces.
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CONDITIONAL USE PERMIT RESOLUTION NO. PC92-32 ~
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FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE
CONSIDERED OFFICIAL MINUTES.
OPPOSITION: None
ACTION: CEQA Negative Declaration - Approved
Waiver of Code Requirement - Approved
Conditional Use Permit No. 3501 - Granted
1. Add condition that hours be from 7:OOa.m. to 10:00p.m.
VOTE: 7-0
3/09/92
Page it
8d. CEnA NEGATIVE DECLARATION Approved
~~ 8b. WAIVER OF Q7DE RECXlIRD~F!' Approved
8C. QxVDITIONAL USE PERMIT N0. 3497 Granted ~
OWNER: HANOVER REAL ESTATE ASSOCIATES, 1350 E. ICatella
Avenue, Anaheim, CA 92805
AGFTVI': JAMES G. PILCHER, 5045 Marahburn Circle, Yorba Linda,
CA 92686; ANTHONY HERNANDEZ AND LELAND BERGSTROM,
1313 P Street, #205, Fresno, CA 93721
LCxAT20N: 1305 Gene Autry Wdy Property is approximately 4.8 I
acres located r,n the north side of Gene Autry Way I
(formerly Paci.fico Ave.) and approximately 1150 feet
west of the centerline of State College Boulevard. `
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To permit a non-industrial training center for hotel/apartment
management with waiver of minimum number of parking spaces.
CONDITIONAL USE PERMIT N0. PC92-33 /~
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FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE ~I
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CONSIDERED OFFICIAL MINUTES.
OPPOSITION: None
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PETITIONER'S COMMENTS: Potential for evening classes; 6:OOp.m. to
10:00p.m., Monday through Thursday.
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STAFF COMMENTS: Jonathan Borrego - Should condition no. of students
and hours.
ACTION: CEQA Negative Declaration - Approved
Waiver of Code Requirement - Approved
Conditional Uae Permit No. 3497 - Granted
Add the following conditions:
1. Hours to be B:OOa.m. to 4:OOp.m. Mon. - Thurs.;
B:OOa.m. to S:OOp.m. Fridays; evening hours to be
6:OOp.m. to 10:00p.m (Mon. through Thurs.)
2. No more than 65 students at any one time.
3. Naximum 10 employees.
VOTE• 7-0 ~
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Page 12
9d. CEbA NEGATIVE DECLARATION Approved i
9b. RECLASSIFIGITION NO. 91-92-14 Granted i
~NER: Dorothy Lillian Brunson, 1840 41st. Avenue, Ste.,
102-204, Capitols, CA 95010
LLL^ATION: 2970 W. I,i.ncnln Avenue. Property is approximately
5.11 acres, located at the southeast corner of
Lincoln Avenue and Beach Boulevard.
A City-initiated reclassification from the CH to the CL
(Commercial Limited) Zone.
RECLASSIFICATION RESOLUTION NO. PC92-34
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FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE
CONSIDERED OFFICIAL MINUTES.
OPPOSITION: None (1 interested person present)
ACTION: CEQA Negative Declaration - Approved
Reclassification No. 91-92-14 - Granted
VOTE• 7-0
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10a. CFXJA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) i
Continued
., lOb. CONDITIONAL USE PERMI'T' NO. 1564 (READVERTISED) to 4/6/92 ~
OWNER: JOHN HUISH, 33208 Paseo Cerveza "C", San Juan it
Capistrano, CA 92675
AGENT: HUISH FAMILY FUN CENTER, INC., 33208 Paseo Cerveza
"C", San Juan Capistrano, CA 92675
LOCATION: 1041 N Sheer Street (Anaheim Ideational
Center Property is approximately 7.0 acres
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located on the southwest corner of Shepard Street and ~
Carpenter Avenue.
To permit a 75-foot high bungee jumping tower and a kid's
carnival in conjunction with a previously approved recreational '
facility.
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CONDITIONAL USE PERMIT RESOLUTION N0. --
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FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE i
1
CONSIDERED OFFICIAL MINUTES.
OPPOSITION: 1 (Representative from Camelot)
COMMISSION COMMENTS: Wanted Traffic Engineering Department to get
involved and do a parking study on The Huish Family Fun Center and ,
Camelot in an order to resolve the parking concerns that were raised
by Camelot. j
t
Commissioners not comfortable with Sungee Jumping; asked petitioner (
if he would consider withdrawing the request and petitioner agreed.
ACTION: Continued to April 6, 1992. Applicant to submit addendum to i
parking study in an effort to resolve parking issues between the
Huish Family Fun Center and Camelot.
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3/09/92
Page 14
11. REPORTS AND RECg1~VDATIONS:
r,
' A. PF30Ft1SID IXIAL SINGLE FAMILY (ASP) OVERLAP ORDINANCE: To
Planning
consider tine draft ordinance pertaining to the establishment Commission
of an Overlay Zone which would permit the addition of a determined
second detached dwelling unit, by conditional use permit, it was
within a portion of Anaheim's Central City area. subject inappropriate
area consists of approximately 96 acres generally bounded by to proceed
Palma Avenue to the north, the Union Pacific Railroad with the
right-of-way to the east, Cypress Street to the south and proposed
Anaheim Boulevard to the west, excluding those properties ordinance.
which front on Anaheim Boulevard and La Palma Avenue.
Continued from the January 13, 1992 Planning Commission
meeting.
12. DISCUSSION:
None.
ALITOURNf~,T]'l:
The regularly scheduled Planning Commission meeting of March 9, 1992,
adjourned to the Planning Commission meeting of March 23, 1992 at
9:15a.m. for a presentation from Community Development on Community
Monumentation.
3/09/92
Page 15
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