Resolution-PC 2005-28• ~
RESOLUTION NO. PC2005-28
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04952 BE GRANTED, 1N PART
400-408, 416-417 AND 424 NORTH ANAHEIM BOULEVARD
WHEREAS, the Anaheim Planning Commission 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: 407 NORTH ANAHEIM BOULEVARD - THE ORIGINAL BUILDING LOT 5, AS
SHOWN ON MAP OF LANDS OF ANAHEIM, BOOK 4 PAGES 629 AND 630 DEEDS
RECORDS OF LOS ANGELES COUNTY. EXCEPTING THEREFROM THAT PORTION
THEREOF AS GRANTED TO PETER J. WEISEL IN DEED RECORQED JANUARY 6, 1904, W
BOOK 98, PAGE(S) 364, DEEDS, RECORDS OF ORANGE COUNTY. ALSO EXCEPTING
THEREFROM 7HAT PORTION THEREOF AS GRANTED TO FREDERICK W. KELLOGG, IN
DEED RECORDED MARCH 20, 1923, IN BOOK 462, PAGE 94 DEEDS, RECORDS OF SAID
ORANGE COUNTY.
PARCEL 2: 400-406 NORTH ANAHEIM BOULEVARD - LOT 51N SLOCK A OF HEIMANN
AND GEORGE'S MAP OF ADDITION BUILDINGLOTS, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 349 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. 408 N. ANAHEIM
BOULEVARD - LOTS 2 AND 3 OF BLOCK A OF THE NEIMANN AND GEORGE'S MAP OF
ADDITION BUILDING LOTS, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2,
PAGE 249 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
416 AND 417 NORTH ANAHEIM BOULEVARD - THE WESTERLY 122 FEET OF THE
SOU7HERLY 81 '/2 FEET OF LOT 1 1N BLOCK "A" OF HEIMANN AND GEORGE'S MAP OF
ADDITIONBUILDING LOTS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS PER MAP THEREOF RECORDED IN BOOK 2, PAGE 249, OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. THE
SOUTHERLY 40.5 FEET IN THE EASTERLY 110 FEET OF LOT 11N BLOCK A OF HEIMANN
AND GEORGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM, AS SHOWN ON A
MAP THEREOF RECORDED IN BOOK 2, PAGE 249, MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CA. 424 NORTH ANAHEIM BOULEVARD - THAT PORTION OF LOT 1
IN BLOCK A OF HEIMANN AND GEORGE'S ADDITION TO ANAHEtM, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 249 OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF LOS ANGELES STREET, AS IT
EXIS7ED ON JUNE 28, 1973, SAID POINT BEING 100.00 FEET SOUTHERLY OF THE
NORTHERLY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY LINE,
100.00 FEET TO SAID NORTHERLY LtNE; THENCE EASTERLY ALONG SAID NORTHERLY
LINE, 119.50 FEET TO A POINT 112.00 FEET; MEASURED ALONG SAID NORTHERLY LINE,
WEST OF THE WEST LINE OF HERMINE STREET (NOW KNOWN AS CLAUDINA STREET),
AS SHOWN ON SAID MAP; THENCE AT RIGHT ANGLES SOUTHERLY AND PARALLEL
WITH SAID EASTERLY L1NE, 100.00 FEET; THENCE AT RIGHT ANGLES WESTERLY AND
PARALLEL WITH SAID NORTHERLY LINE, 119.50 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 7, 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 far and against said proposed conditional use permit and to -
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investigate and make findings and recommendations in-connection therewith; and that said public hearing
was continued to the February 23, 2005, 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 18.08.030.040.0402 to permit a public dance hall, banquet hall and a
community and religious assembly facility with on-premises sales and consumption of alcoholic beverages
and an off-site parking lot with waivers of the following:
(a) SEC710N NO. 18.08.060.010 - Minimum landscaped setback
(15 feet required; 9 feet proposed)
(b) SECTION NO. 18.40.060 - Required street dedication and
improvement
(DELETED)
2. That the above-mentioned waiver (a) is approved based on the special circumstances
applicable to these properties such as size and location, which do not apply to other identicatly zoned
properties in the vicinity. Many of the buildings along Anaheim Boulevard north of Lincoln Avenue have no
setback adjacent to the street. Further, no new construction is proposed; rather Parcel 2 would be paved to
provide parking for the facility. Since no new construction is proposed and surrounding properties under
similar zoning have no building setbacks, strict application of the Code would deprive the applicant of
privileges currently enjoyed by properties in the immediate vicinity.
' 3. That the requested waiver is necessary for the preservation and enjoyment of a substantial ,
property right possessed by other properties in the same vicinity and zone, and denied to the property in
question, since the adjacent properties along Anaheim Boulevard are developed without the required
landscaped setback.
4. That the above-mentioned waiver (b) is hereby denied on the basis that it has been deleted
subsequent to advertisement.
5. That the request for a public dance hall would be detrimental to the surrounding residential
area because of the land use compatibility issues associated with nightclub-type businesses such as noise,
loitering, fights and public drunkenness.
6. That the banquet hall and a community and religious assembly facility with on-premises
sales and consumption of alcoholic beverages and an off-site parking lot as conditioned herein and with the
operational restrictions stipulated by the applicant including valet service, security and contractual restrictions
will not adversely affect the adjoining land uses or the growth and development of the area in which it is
proposed to be located;
7. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety provided that valet service is offered and that security is employed to deter any unlawful conduct and
to prevent disturbance to adjacent residential neighborhoods;
8. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
9. That the granting of 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.
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10. That at the prior public hearing on February 7; 2005, one person 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: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit by approving the public dance hall, banquet hall and
a community and refigious assembly facility with on-premises sales and consumption of alcoholic beverages
and an off-site parking lot, 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 this conditional use permit shall expire two (2) yearsfrom the date of this resolution, on
February 23, 2007. '
2. That a valid business license shall be obtained from the City of Anaheim, Business License Division.
3. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Gompliance shall be approved by the City Engineer and recorded in the Office of the Orange County
Recorder prior to issuance of a grading permit for the parking lot.
4. That prior to the issuance of a grading permit for the parking lot, the applicant shall submit to the Public
Works Department, Development Services Division for review and approval a Water Quality
Management Plan that:
• 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 natural areas.
. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan (DAMP).
. Incorporates Treatment Control BMPs as defined in the DAMP.
. Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment
Control BMPs.
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
5. That prior to issuance of 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.
6. That the developer shall construct tree wells and street trees along Adele Street between Anaheim
Blvd and Claudina Street. A bond shall be posted for the required improvements in an amount
approved by the City Engineer and a form approved by the City Attorney prior to issuance of a grading
permit. A Right of Way Construction Permit shall be obtained from the Development Services Division
of the Public Works Department for all work performed in the public right-of-way. The improvements '
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shall be constructed prior to final building and zoning inspections. If the application for the
abandonment of Adele Street is not approved, or not submitted within six (6) months of the date of this
resolution, that an 8-foot wide landscaped parkway and a 4-foot wide sidewalk shall be installed along
Adele' Street in conformance with Public Works Detail No. 160-A.
7. That the developer shall submit a cash payment in an amount determined by the City Engineer to be
sufficient to pay for the required street improvements along Sycamore Street. The cash payment shall
be paid to the Public Works Department, Development Services Division prior to issuance of a grading
permit. The cash payment shal( be refunded if the street designation is reclassified through a General
Plan Amendment approved by the City CounciL '
8. That prior to issuance of building permits, the property owner shall irrevocably offer to dedicate to the
City of Anaheim an easement 53-feet in width from the centerline of the street along Anaheim
Boulevard, 30-feet along Adele Street, 30-feet afong Claudina Street and 32-feet along Sycamore
Street, including corner cut-offs for road; public utility and other public purposes. Offers of dedication
along Anaheim Boulevard shall contain specific conditions that allow the City to accept the easement
dedication offer if the City Engineer approves street improvement plans to widen Anaheim Boulevard.
Said offer of dedication shall also offer to compensate property owner for any required refacing of
existing buildings encroaching into the ultimate right-of-way. If streets are redesignated under an
approved General Plan Amendment or abandoned by the City Engineer and the irrevocable offers of
dedication are no longer required, then the applicable dedication offers shall be terminated by the City.
9. That the property shall be permar-ently 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.
10. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
11. That gates shall not be installed across any driveway in a manner, which may adversely affect
vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering
Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and
Transportation Manager.
12. Thatplans 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.
13. That the driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in
conformance with Engineering Department Standard No. 115. Said information shall be specifically
shown on plans submitted for building permits.
14. That the business on Parcel 1 shall provide a complementary valet service to minimize pedestrian
crossing on Anaheim Boulevard. Information pertaining to the valet service shall be provided to
potential customers holding private events at this facility.
15. That the property owner shall provide a loading zone for the valet parking service. A plan shall be
submitted to the Traffic and Transportation Manager for review and approvaL
16. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
17. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the CG (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
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18. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identifythe specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
19. That any required relocation of City electrical facilities shall be at the property owner's expense.
20. That all backflow equipment shaU be located above ground and outside of 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 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 and approved by the Water Engineering Department:
21. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and firelines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
22. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information
shall be specifically shown on plans submitted for building permits.
23. That all existing water services and fire lines shall conform to current WaterServiceStandards
Specifications. Any water service and/or fire line that does not meet current standards shall be '
upgraded if continued use if necessary or abandoned if the existing water service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of
fire line.
24. That final sign plans shall be submitted to the Planning Services Division for review and approval as to
number, size, placement, design and materials. Any decision by staff may be appealed to the
Planning Commission as a"Reports and Recommendations" item.
25. That a final landscape plan shall be submitted to the Planning Services Division for review and
approvaL Said plans shall specify minimum 24-inch box sized trees and incorporate broadheaded
trees on maximum twenty (20) foot centers adjacent to the streets. Any decision by staff may be
appealed to the Planning Commission as a`Reports and Recommendations" item.
26. That 4-foot high address numbers shall be displayed on the roof in a contrasting.color to the roof
material. The numbers shall not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department, Community Services
Division approvaL
27. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department 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. The
walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials
such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall
shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
28. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on plans submitted for building permits.
29. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide
adequate illumination to make cfearly visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environmenffor all persons, property, and
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vehicles on-site: Said lighting shall be decorative and complementary to the architecture of the
building. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division approval.
30. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department. In addition, the operator shall provide the Code Enforcement
Division with a contact name and phone number in the event a complaint is received.
31. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public
Works Department for review and approvaL
32. That an on-site trash truck turnaround shall be provided per Engineering Standard Detail No. 610.
Said information shall be specifically shown on plans submitted to the Public Works Department for
review and approvaL
33. That the permitted event or activity shall not create sound levels which violate any ordinance of the
City of Anaheim.
34. That at all times that dancing is being permitted, security measures provided shall be adequate to
deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly
assembly' and movement of persons and vehicles; or to prevent disturbance of the neighborhood by
excessive noise created by patrons entering or leaving the premises. Thesecurity measures
implemented for each event, including the number of security guards shall be subject to review and
approval 6y the Police Department.
35. That any and all security officers provided shall comply with aIl State and Local ordinances regulating
their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code.
36. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
37. That the number of persons attending the event shall not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a
conspicuous place on an approved sign near the main exit from the room.
38. That the doors shall remain closed but unlocked at all times that entertainment is permitted, except
during times of entry or exit, emergencies and deliveries.
39. That afl employees shall be clothed in such a way as to not expose "specified anatomical areas" as
described in Section 7.16.060 of the Anaheim Municipal Code.
40. That no minor under the age of sixteen (16) years shall be allowed to attend the dance, unless
accompanied by a parent or guardian.
41. That the business shall not 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.
42. That there shall be at least one meal of a substantial nature as described in Section 4.16.050.030 of
the Anaheim Municipal Code.
43. That the floor space provided for dancing shall be free of any furniture or partitions and maintained in a
smooth and safe condition.
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44. That there shall be no amusement machines, video game devices, or pool tables maintained upon the
premises without issuance of proper permits as required by the Anaheim Municipal Code.
45. That no "happy hour" type of reduced price alcoholic beverage promotion shall be permitted.
46. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under the control of the licensee(s).
47. That the petitioner(s) shall police the area undec their control in an effort to prevent the loitering of
persons about the premises.
48. That the petitioner shall not share any profits, or pay any percentage or commission to a promoter or
any other person; based upon monies collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders, or the sale of drinks.
49. That no alcohol shall be allowed in the patio area. Signs shall be posted at doors stating "No alcohol
beyond this poinY'.
50. That subject property shall be developed and maintained 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, and 3 and as conditioned herein:
51. That the business owner shall require a written agreement for private parties that enforces the rules
and regulations pertaining to alcohol consumption for private events.
52. That there shall be no outdoor special events. No banners and balloons shall be displayed at 401 and
407 North Anaheim Boulevard unless a Special Event Permit is first obtained.
53. That the owner of subject property shall submit a letter requesting termination of Conditiona4 Use
Permit Na 3813 (topermit a motorcycle sales and service facility with waiver of minimum number of
parking spaces), Variance No. 1486 (to establish a furniture re-upholstery service) and Variance Na
1105 (to permit the sale and installation of mufFlers) to the Planning Department.
54. That the hours of operation shall be limited to 8 a.m. to 12 a.m. (midnight) Sunday through Thursday,
and 8 a.m. to 1 a.m. on Friday and Saturday.
55. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 8, 12, 13, 15, 17, 18, 20, 22, 24, 25, 26, 27, 28, 29,
31, 32 and 53, 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.
56. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 3, 4, 6 and 7, 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.
57. That prior to final building and zoning inspections, Condition Nos: 2, 5, 6, 30, 37, 49 and 50, 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.
58. 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.
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59. That the use ofiall pyrotechnical material, special effects and fireworks shall be permitted only if, and to
the extent, approved by the Anaheim Fire Department prior to their use.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's 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.
BE IT 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
February 23, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures° of the Anaheim Municipal Code pertaining to appeal proced es and maybe'replaced by a City
Councif Resolution in the event of an appeaL ' ~
~
CHAIR , AN HEIM PLANNING COMMISSION
ATTEST:
/iZ~~c'`'~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 February 23, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: VELASQUEZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2005.
~~.~~_.~.-.~ ~~7' ~+9~'~'`~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
PC2005-28