Resolution-PC 2004-138~ ~
RESOLUTION NO. PC2004-138
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION `
' THATPETITION FOR CONDITIONAL USE PERMIT N0. 2001-04431 BE GRANTED, W PAR7
(NO ADDRESS)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit#or certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: LOT22 OF TRACT NO. 117, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
' STATE OF CALIFORNIA, AS PER MAP RECORDED -IN BOOK " 11 ' PAGE 15 OF .
MISCELLANEOUS MAPS, IN THE OFFICE OF TNE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS ' FOLLOWS:
COMMENCING AT THE SOUTHEAST GORNER OF SAID LOT 22; THENCE NORTH 8° 35' 45"
WEST ALONG THE EASTERLY LINE OF SAID LOT 22, A DISTANCE OF 1129.90 FEET;
THENCE SOUTH 71° 24' 15" WEST 180.00 FEET TO THE TRUE POINT O BEGWNING;
THENCE NORTH 19° 01' 13" WEST 308.03 FEET TO THE CENTER OF SANTA ANA
VALEEY IRRIGATION COMPANY CANAL AS IT NOW EXISTS; THENCE ALONG THE
CENTER OF SAID CANAL SOUTH'58° 05' 43" WEST 44.42 FEET; 7HENCE SOUTH 57°
p4' 55" WEST 40.15 FEET; THENCE SOUTH 50° 39' 58" WEST 60:02 FEET; THENCE
' SOUTH 45° 48' 15" WEST 510.00 FEET; THENCE SOUTH 25° 10' 51" EAST 223.13 ,
FEET, THENCE NORTH 79° 24' 15" EAST 162.99 FEET TO THE TRUE POINT OF `
BEGINNING. ALSO EXCEPTION THEREFROM THE NORTHERLY PORTION OF SA1D
LAND AS CONVEYED TO THE STATE OF CALIFORNIA FOR'FREEWAY PURPOSES IN
' DEED RECORDED AUGUST 24, 1951, IN THE BOOK 2221.PAGE 73, OFFICIAL
RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF
THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE EASTERLY LINE
OF SAID LOT 24, SAID POINT BEING THE SOUTHEASTERLY CORNER OF TNE LAND :
FIRST DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED APRIL 2,
1970, IN SOOK 9254, PAGE 860 OF OFFICIAL RECORDS; THENCE SOUTH 67° 30' 44"
WEST 43.47 FEET; THENCE WESTERLY ALONG A TANGENT CURVE, CONCAVE
NORTHERLY AND HAVING A RADIUS OF 1200.00 FEET, THROUGH AN ANGLE OF 27°
30' 53" AN ARC DISTANCE OF 576.27 FEET; THENCE NORTH 84° 58' 23" WEST 811.01
FEET TO THAT CERTAIN CURVE DESCRIBEQ AS HAVING A RADIUS OF 2917.00 FEET
IN SAID DEED TO THE STA7E OF CALIFORNIA.
~ PARCEL 2: THAT PORTION OF LOT 22 OF TRACT OF TRACT NO. 117, AS SHOWN
ON MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, IN THE -
OFFICE OF THE COUNTY RECORDER OF ORANGE COIJNTY, STATE OF CALIFORNIA, ,
BOUNDED ON THE WEST, SOUTH AND THE EAST BY THE WESTERLY, SOUTHERLY
AND EASTERLY LINES, RESPECTIVELY OF THAT CERTAIN PARCEL OF LAND
CONVEYED TO THE STATE OF CALIFORNIA BY PARCEL 1 OF DEED (C2614),
RECORDED IN BOOK 8619, PAGE (S) 704 OF OFFICIAL RECORDS; THENCE
EASTERLY IN A DIRECT LINE TO THE SOUTHWESTERLY CORNER OF PARCEL
C2615-1 OF SAID FINAL ORDER OF CONDEMNATION.
PARCEL 3: LOTS 23 AND 23 OF TRACT MAP NO. 117, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CA.
EXCEPTING THEREFROM THE NORTHERLY PORTION OF SAID LAND, AS GRANTED
TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES IN THE DEED
RECORDED AUGUST 24, 1951, IN BOOK 2221, PAGE 73, OFFICIAL RECORDS,
ALSO EXCEPTING THEREFROM THAT PORTION LYING . NORI"HERLY OF -THE
FOLLOW4NG DESCRIBED LINE:
Cr\PC2004-138 -1- PC2004-138
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BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 24, SAID POINT BEING
THE SOUTHEASTERLY CORNER OF THE' LAND. FIRST DESCRIBED IN THE FINAL
ORDER OF CONDEMNATION RECORDED APRIL 2, 1970, IN BOOK 9254, PAGE 860,
OFF~CIAL RECORDS; THENCE `SOUTH 67° 30' 44" WEST 43.47; FEET; THENCE
WESTERLY ALONG A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1200 FEET, THROUGH AN ANGLE OF 27°' 30' 53" AN ARC DISTANCE OF
576.27 FEET; THENCE NORTH 84° 58' 23": WEST 811.01 FEET TO THAT CERTAIN
CURVE DESCRIBED AS HAVING A RADIUS OF 2917.00 FEET 1N SAID QEED TO THE
STATE OF CALIFORNIA.
ALSO, EXCEPTING THEREFROM THA7 PORTfON OF SAID LOT 24, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN 'THE EAST L1NE OF SAID TRACT NO. 117, SAID :POINT
BEING NORTH 0° 38' 53" EAST 2045.63 FEET, MEASURED ALONG SAID EAST lINE,
FROM A FOUND 9 INCH BY 9 INCH POINT, REPLACING A 4 INCH BY A 4 INCH S7AKE
SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 11, PAGE 24 OF RECORDS
OF SURVEY W THE OFFICE OF THE :COUNTY RECORDER OF SAID COUNTY;
THENCE 23° 16' 30" WEST 193.52 FEE7; THENCE SOUTH 0° '15° 49" EAST 89.55 FEET
TO THE SOUTH LINE OF SAID LOT 24; THENCE SOUTH 89° 07' 00" fAST 73.03'FEET
OT THE SOUTHEAST CORNER OF SAID LOT 24; THENCE NORTH 0° 38' 53" EAST
268.46 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold public hearings at the Civic Center in the City
of Anaheim on October 4, 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 conditionai use permit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued to
the November 1, 2004 meeting and fiurther continued to the November 15, 2004, Planning Commission
meeting; 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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.14.030.040.0402 to construct a wedding chapel and banquet facility
with on-premises sales and consumption of alcoholic beverages and roof-mounted equipment with the
following waivers:
(a) SECTION NO. 18.18.060.010 - Maximum buildinp heictht.
(25 feet permitted; 30 feet proposed)
(b) SECTION NO. 18.40.060 - Required street dedication and improvements
(Street dedication and improvements required on Santa Ana
Canyon Road; none proposed)
(c) SECTION NO. 18.42.040.010 - Minimum number of parkinq spaces
(278 required; 269 proposed and recommended by
the City 7raffic and Transportation Manager)
2. 7hat waiver (a), maximum building height, is hereby approved because the project site's
topography varies significantly which restricts the developable building pad and only 9 percent of the roof line
exceeds the 25 foot height restriction; and that other commercial buildings within the immediate area were
constructed with heights that exceed 25 feet.
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3. ' That waiver (b), xequired street dedication and improvements, is hereby denied based on the
fact that the proposed waiver would have signifi~ant adVerse impacts at Santa Ana Canyon Road and its
' intersection with Eucalyptus Drive as well as along Santa Ana Canyon' Road in the'vicinity of the project.
The proposed street improvements are necessary to ensure safe ingress and egress to the project site:
4. That waiver (c), minimum number of parking spaces, is hereby approved because the off-
street parking supply of 269 spaces exceeds the projected parking demand based on the conclusions of the
parking demand study that has been reviewed and approved by the city Traffic and Transportation Manager.
5. That the wedding chapel and banquet facility as conditioned will not increase the demand
and competition for parking spaces upon the pubfic streets in the immediate vicinity ofithe proposed use; and
will not increase the demand and competition for parking spaces upon the adjacent neighborhoods and
commercialproperties in the immediate vicinity of the proposed use because,the property is physically
separated from the adjoining properties making off-site parking infeasible.
6. That the wedding chapel and banquet facility as conditioned will not impede'vehicular '
ingress to or egress from adjacent properties upon the public streets in the immediate vicinityof the '
, proposed use because,the project wouid have a single access point and that a deceleration lane is part of
the project design.
7. That the proposed use will not,"under the conditions imposed, adversely affect the adjoining '
land uses and the growth and development of the area in which it is proposed to be located because the site
design and {ocation of the proposed buildings and operational measures incorporated into the project are ;
such that the adjacent and nearby properties will not be negatively affected.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the health and safety;
and that, with the exception of the approved waivers which are necessary due to site constraints, the
proposal complies with the provisions and standards set forth in the Zoning Code.'
9. That the traffic generated by the proposed use will not impose an undue burden on the
streets and highways designed and improved to carry traffic in the area because the proposed business
operation would generate an average 500 daily trips which is below the minimum required for a traffic impact
analysis by the Orange County Congestion Management Program and no significant trips would be
generated during the a.m, or p.m. peak hours.
10. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim based on the compatibility of the
site design and business operation with the adjoining residential and commercial land uses.
11. That 2 people indicated their presence at said public hearing in opposition; and that 26
letters were received in opposition to the subject petition; and that 4 people spoke with concerns pertaining
to the subject request
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Pursuant to the provisions of
the California Environmental Quality Act ("CEQA"), on November 15, 2004, the Anaheim Planning
Commission, by its Resolution No. PC2004-137, certified Final Environmental Impact Report No. 327,
adopting a Statement of Findings of Fact and Mitigation Monitoring Plan No. 123 for (i) Conditional Use
Permit No. 2001-04431, (ii) Amendment to the Santa Ana Canyon Road Access Points Study (MIS 2004-
00088), and (iii) Specimen Tree Removal Permit No. 2002-00001; and
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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:
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1. That the property owner/developer shall be responsible for compliance with all the mitigation measures
set forth in Mitigation Monitoring Plan No: 123 created specifically for this project, and for compiying
with the monitoring and reparting requirements established by the City in compliance with Section
21081.6 of the Public Resources Code. Furthermare, the property owner/developer shall be '
responsibfe for any direct costs associated with the monitoring and reporting requirements to' ensure
implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 123, which are
made a part of these conditions, of approval by reference.
2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use.
3. That a Final Landscape and Fencing Plan for the entire site, specifying type, size and location of
proposed landscaping, irrigation and fencing, shall be submitted to the Planning Services Division for
review and approvaL Any decision made by the Planning Services Division may be appealed to the
Planning Commission or City Council. Said information shall be specifically shown'on the plans
submitted for building permits.
4. That outdoor special events shall be subject to review and approval by Planning Services Division staff
and shall be'conducted in a manner that will not adversely afFect the adjoining residential land uses.
Any decision made by the Planning Services Division regarding such an event may be appealed to the
Planning Commission or City Council as a`Reports and Recommendations'"item.
5. That the water backflow equipment shall be above ground and located outside the required street
setback area, and fully screened from all public streets. Any other large water system equipment shall
' be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside
the required 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
Inspector for review and approval.
6. That the developer/owner shall submit a set of improvement plans to the Public Utilities Water
Engineering Division for review and approval to determine the conditions necessary for providing water
service to the project.
7. Thaf the locations for future above-ground utility devices including, but not I'smited to, e{ectrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
the plans submitted for building permits. Such plans shall also identify the specific screening treatment
of each device (i.e.; landscape screening, color of walls, materials, identifiers, access points, etc.) and
shall be subject to review and approval by the appropriate City departments.
8. That prior to submittal of the water improvement plans, the developer/owner shall submit a water
system master plan, including a hydraulic distribution network analysis, to the Public Utilities Water
Engineering Division 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.
9. That prior to application for water meters or fire lines or submitting the water improvement plans for
approval, the developer/owner shall submit an estimate of the maximum fire flow rate and the average
day, maximum day and peak hour water demands for this project to the Public Utilities Department,
Water Engineering Division. This information will be used to determine the adequacy of the existing '
water system to provide for the estimated water demands. Any off-site water system improvements
required to serve the project shall be installed in accordance with Rufe No. 15A.6 of the Water Utility
Rates, Rules, and Regulations.
10. That the legal property owner shall provide the City of Anaheim with an easement 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.
11. 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 the
plans submitted for building permits.
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12. That four (4) foot high streef address numbers shall be displayed on the roof of the main building in a
contrasting color to the roof materiaL The numbers shall not be visible to adjacent streets or properties.
Said information shall be specificaily shown on plans submitted to thePolice Department, Community
Services Division, for review and approval.
13. 'That because this project has {andscaping areas exceeding two thousand five hundred (2,500) square
fee4, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water
, Efficiency) of'Anaheim Municipal Code and OrdinanceNo. 5349. Said information shalt be specifically
shown on the plans submitted for building permits.
14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
' Works Department, Sfreets and Sanitation Division, and in accordance with approved plans on file with
said Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from'adjacent streets, or highways or adjacent or nearby properties. The walls of the
storage area(s) shall be protected from graffiti opportunities by the_use of plants such as minimum one
(1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said :
information'shall be specifically shown on the plans submitted for building permits.
15. 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:
16. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and
, Sanitation Division. Said turn-around area shal~ be specifically shown on the plans submitted for
building permits.
17. That gates sha11 not be installed across any driveway in a manner which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to review and approval by the City Traffic and Transportation'Manager.
18. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 471
pertaihing fo parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with said approved plans.
19. That the number of persons attending any event at this property shall not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum
occupancy shall be prominently displayed within the premises. Said sign shall be specifically shown on
planssubmitted for building permits.
20. That the sa4es of any type of alcoho4ic beverages for consumption off the premises shall be prohibited.
21. 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.
22. That the activities occurring in conjunction with the operation of this establishment shall not cause noise '
disturbance to surrounding properties and shall conform to the City of Anaheim Noise Ordinance.
23. That all doors serving subject estabfishment shalf comply with the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of events except for
ingress/egress, deliveries and in cases of emergency.
24. That at all times when entertainment or dancing is permitted, uniformed security guards 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 of persons and
vehicles, and prevent disturbance to the neighborhood by excessive noise created by patrons entering
or leaving the premises.
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25. ' That the parking lot serving the premises shall be equipped with lighting of sufficienf power to illuminate
and make easily discernible the appearance and conduct of,all persons on or aboutthe parking lot. '
' Said Jighting shall be specifically shown on plans submitted for building permits.
26. That there shall be no pool tables, amusement devices or games maintained within,subject
establishment without issuance of proper permits as required by the Anaheim Municipal Code.
27. That the business operator shall comply with Section 24200.5 of the Business andProfessions Code so
as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them
drinks in thelicensed premises under any commission; percentage, salary, or other profit-sharing plan,
scheme or conspiracy.
28. That there shall be no publictelephones on the premises located outsidethe building.
29. That food service with a fufl meal shall be available from the beginning of each scheduled event until
either 10:00 p.m. or closing time, whichever occurs first, on each day of operation.
30. ' 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 premises' as defined in Section 23039 of the
California Business and Professions Code:
31. 1'hat the petitioner shall not share any profits or pay any percentage or commission to a promoter or any
other person based upon the monies collected as a door charge, cover'charge or any other charge, -
including the sale of drinks.
32. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
33. 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.
34. That a valid business license shall be maintained for this business from the City of Anaheim Business
License Division of the Finance Department.
35. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
36. That all existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
37. That if the petitioner chooses to develop the property with the 14 percent grade alternative as described
in Environmenta{ Impact report No. 327, that final plans shall be submitted to the Planning Services
Division to determine substantial conformance with the approved exhibits on file. Any decision made by
the Planning Services Division regarding said plans may be appealed to the Planning Commission or
City Council as a Reports and Recommendations' item.
38. That 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 and 4 and as conditioned herein.
39. That (b) prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, Condition Nos. 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 25 and 37, _
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
40. That prior #o final building and zoning inspections, Condition Nos. 24, 39 and 40 above-mentioned, shall
be complied with.
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41. That the propertyowner/developer shall be limited to the hours of operation as indicated in Section 2.3
of the Draft EIR.
42. ' That final sign pfans shall be submitted to the Planning Services Division for review and approval. Any
decision made by the Planning Services Division regarding such an event may be appealed to,the
Planning Commission or CityCouncil as a`Reports and Recommendations' item.
43. 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 orfindings as to compliance or approval of the :
request regarding any other applicable ordinance, regulation or requirement. '
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying ali 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 ofbuildingpermits for this projecf, 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.
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. Shouid 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
November 15, 2004: Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to a I procedures may be replaced
by a Gity Council Resolution in the event of an appeaL ,
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATT
,
ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CA~IFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
l, 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 City Planning Commission
held on November 15, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: VANDERBILT-LINARES
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this __~,~ day of
, , 2004.
ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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