95-171 RESOLUTION NO. 95R-171
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3772.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a tour bus terminal including the storage and maintenance
of buses and administrative offices upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 1: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS
SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF
LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE
OF SAID LOT 25 WITH THE WESTERLY PROLONGATION OF
THE SOUTHERLY LINE OF TRACT NO. 2757, AS SHOWN ON
A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 74 DEG. 28' 11" EAST
PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A
DISTANCE OF 320.00 FEET; THENCE SOUTH 15 DEG. 31'
49" EAST 185.16 FEET PARALLEL WITH THE WESTERLY
LINE OF SAID LOT 25 TO THE SOUTHERLY LINE OF I2%ND
DESCRIBED IN A DEED TO HERMAN HENRY BRUNS AND
WIFE, RECORDED NOVEMBER 18, 1935 IN BOOK 792, PAGE
12, OFFICIAL RECORDS; THENCE SOUTH 74 DEG. 28' 11"
WEST 320.00 FEET ALONG SAID SOUTHERLY LINE TO THE
WESTERLY LINE OF SAID LOT 25; THENCE NORTH 15 DEG.
31' 49" WEST 185.16 FEET TO THE POINT OF
BEGINNING.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A
MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, IN BOOK 54, PAGE 22, RECORDS
OF SURVEY.
PARCEL 2: THE NORTHERLY 70.00 FEET OF THAT
PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A M3tP OF SURVEY BY WILLIAM
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HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES
162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS,
IN THE OFFICE OF THE RECORDER OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT
25, SAID CORNER BEING ALSO THE INTERSECTION OF THE
CENTERLINE OF LOS ANGELES STREET WITH THE SOUTH
LINE OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 10
WEST, AS SHOWN ON SAID MAP OF ANAHEIM EXTENSION;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 25
CENTER LINE OF LOS ANGELES STREET) NORTH 15 DEG.
30' 00" WEST 417.85 FEET TO THE SOUTHERLY LINE OF
THE LAND CONVEYED TO HERMAN HENRY BRUNS AND EDNA
EMMA BRUNS; BY DEED RECORDED NOVEMBER 18, 1935 IN
BOOK 792, PAGE 12 OF OFFICIAL RECORDS; THENCE
ALONG SAID SOUTHERLY LINE NORTH 74 DEG. 30' 00"
EAST 512.43 FEET; THENCE SOUTH 0 DEG. 03' 00" EAST
539.27 FEET TO THE SOUTHERLY LINE OF SAID SECTION
15; THENCE SOUTH 89 DEG. 57' 00" WEST TO THE POINT
OF BEGINNING.
EXCEPT THE WESTERLY 300.00 FEET THEREOF.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A
MAP FILED IN BOOK 54, PAGE 22 OF RECORDS OF
SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 3: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN
IN BOOK 3, PAGES 162 AND 164 INCLUSIVE OF "LOS
ANGELES COUNTY MAPS" IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF LOS
ANGELES STREET, NORTH 15 DEG. 32' 15" WEST 160.35
FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF
BALL ROAD, SAID CENTER LINES BEING CONSTRUED TO BE
LOT LINES FOR THE PURPOSE OF THIS DESCRIPTION;
THENCE CONTINUING NORTH 15 DEG 32' 15" WEST 257.50
FEET THENCE NORTH 74 DEG. 27' 45" EAST 300.00
FEET; THENCE PARALLEL WITH SAID LOS ANGELES
STREET, SOUTH 15 DEG. 32' 15" EAST TO THE SAID
CENTERLINE OF BALL ROAD; THENCE WESTERLY ALONG
SAID CENTERLINE TO THE SOUTHEASTERLY PROLONGATION
OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED
IN DEED TO BERTHAN L. PELLAK, ET UX., RECORDED
JUNE 29, 1956 IN BOOK 3562, PAGE 216, OFFICIAL
RECORDS; THENCE NORTH 15 DEG. 32' 15" WEST 237.40
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FEET ALONG THE SAID NORTHEASTERLY LINE AND ITS
PROLONGATION TO THE MOST NORTHERLY CORNER OF THE
LAND DESCRIBED IN DEED TO THE BANK OF AMERICA
NATIONAL TRUST AND SAVINGS ASSOCIATION RECORDED
DECEMBER 3, 1959 IN BOOK 4997, PAGE 576, OFFICIAL
RECORDS; THENCE SOUTH 74 DEG. 27' 45" WEST 278.86
FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN SAID
BALL ROAD 60.00 FEET WIDE.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A
MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, IN BOOK 54, PAGE 22, RECORDS
OF SURVEY.
PARCEL 4: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN
BOOK 3, PAGE 163, ET SEQ., ENTITLED LOS ANGELES
COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 25
(WHICH FOR THE PURPOSES OF THIS DESCRIPTION, IS
CONSTRUED TO BE THE CENTERLINE INTERSECTION OF LOS
ANGELES STREET (NOW KNOWN AS ANAHEIM BLVD. AND
BALL ROAD); THENCE NORTH 15 DEG. 32' 15" WEST
ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF
153.86 FEET; THENCE EASTERLY ALONG A LINE PARALLEL
WITH THE SOUTH LINE OF SAID LOT 25, A DISTANCE OF
170.00 FEET; THENCE SOUTH 15 DEG. 32~ 15" EAST
ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID
LOT 25, A DISTANCE OF 153.86 FEET; THENCE WESTERLY
ALONG THE SOUTH LINE OF SAID LOT 25, TO THE POINT
OF TRUE BEGINNING.
EXCEPT THE SOUTH 30 FEET THEREOF.
PARCEL 5: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAM HAMEL, AND FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN
BOOK 3, PAGES 163, ET SEQ., ENTITLED "LOS ANGELES
COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
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COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT
25, SAID CORNER FOR THE PURPOSE OF THIS
DESCRIPTION BEING CONSIDERED TO BE THE
INTERSECTIONS OF THE CENTERLINE OF LOS ANGELES
STREET AND BALL ROAD, AND RUNNING THENCE NORTH 15
DEG. 32' 15" WEST, ALONG THE CENTERLINE OF SAID
LOS ANGELES STREET, 160.35 FEET TO THE TRUE POINT
OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN
DESCRIBED; THENCE SOUTH 15 DEG. 32f 15" EAST 6.49
FEET; THENCE NORTH 89 DEG. 54' 30" EAST PARALLEL
WITH SAID CENTERLINE OF BALL ROAD, 170.00 FEET TO
THE WESTERLY LINE OF THE LAND CONVEYED TO BERTRAM
L. POLLACK AND WIFE, BY DEED RECORDED JUNE 29,
1956 IN BOOK 3562, PAGE 216, OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE NORTH 15 DEG. 32' 15" WEST ALONG
SAID WESTERLY LINE, 25.95 FEET TO THE NORTHWEST
CORNER THEREOF; THENCE NORTH 74 DEG. 27' 45" EAST
ALONG THE NORTHERLY LINE OF SAID LAND, 115.00 FEET
TO THE NORTHEAST CORNER THEREOF; THENCE NORTH 15
DEG. 32' 15" WEST ALONG THE NORTHERLY PROLONGATION
OF THE EASTERLY LINE OF SAID LAND, 25.79 FEET TO
AN INTERSECTION WITH A LINE WHICH BEARS NORTH 74
DEG. 27' 45" WEST FROM THE TRUE POINT OF
BEGINNING; THENCE SOUTH 74 DEG. 32~ 45" WEST
278.86 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 6: THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF MADE BY WILLIAM HAMEL AND FILED FOR RECORD
IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID
LOT, DISTANT THEREON 170.00 FEET EASTERLY FROM THE
SOUTHWEST CORNER THEREOF, SAID SOUTHWEST CORNER
BEING THE INTERSECTION OF THE CENTERLINE OF THE
STREET, 60.00 FEET IN WIDTH, NOW KNOWN AS BALL
ROAD, ADJOINING SAID LOT ON THE SOUTH, WITH THE
CENTERLINE OF THE STREET, 60.00 FEET IN WIDTH, NOW
KNOWN AS LOS ANGELES STREET, ADJOINING SAID LOT ON
THE WEST AND RUNNING THENCE NORTH 15 DEG. 32' 15"
WEST, PARALLEL WITH SAID WEST LINE, 179.81 FEET;
THENCE NORTH 74 DEG. 27' 45" EAST 115.00 FEET;
THENCE SOUTH 15 DEG. 32' 15" EAST 211.6 FEET TO
THE CENTERLINE OF SAID BALL ROAD; THENCE WESTERLY
ALONG SAID CENTERLINE, 119.32 FEET TO THE POINT OF
BEGINNING.
EXCEPT THEREFROM THE SOUTHERLY 50.00 FEET LYING
WITHIN BALL ROAD; and
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WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC95-92 granting Conditional
Use Permit No. 3772; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the city Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is
proposed to be located.
3. 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 nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
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the conditions set forth in Section 18.03.040 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3772 be, and the same is hereby, granted
permitting a tour bus terminal including the storage and
maintenance of buses and administrative offices on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
Sections 18.04.060.050 - Required parkin~ lot
landscapinq.
18.06.030.040 (50 trees required in the
parking lot area, 26 trees
and 18.44.066.030 proposed; and landscaped
planter required to separate
every 10 or fewer parking
spaces in a row, none
proposed)
subject to the following conditions:
1. That a designated passenger "drop-off" area shall be
provided and permanently maintained on-site to provide for the
loading or unloading of passengers from vehicles other than shuttle
buses.
2. That operations in the wash rack area shall be limited to
between the hours of 8:00 A.M. and 10:00 P.M. daily.
3. That all bus repair or service activities, with the
exception of washing buses in the wash rack area, shall be
conducted entirely inside the maintenance building. No outdoor
repair or storage of parts shall be permitted.
4. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the current versions of Engineering Standard Plan
Nos. 436 and 602 pertaining to parking standards and driveway
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locations. Subject property shall thereupon be developed and
maintained in conformance with said plans.
5. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with Engineering Standard No. 137 pertaining to sight
distance visibility for signs and wall/fence locations.
6. That on-site traffic circulation shall be reviewed and
approved by the City Traffic and Transportation Manager.
7. That the developer shall submit a water quality
management plan (WQMP) specifically identifying the best management
practices that will be used on-site to control predictable
pollutants from storm water runoff. The WQMP shall be submitted to
the Public Works Department, Development Services Division, for
review and approval.
8. That a fee in the amount of one hundred dollars per one
thousand square feet ($100/1,000 sq.ft.) shall be paid to the city
of Anaheim for sewer capacity mitigation.
9. That the appropriate fees due for primary water mains and
fire protection service shall be paid to the Water Engineering
Division, in accordance with Rules 15A and 20 of the Water Utility
Rates, Rules and Regulations.
10. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and approved by
the Fire Department. An all-weather road shall be provided to the
hydrants at all times, as required by the Fire Department.
11. That the storage, use, or dispensing of hazardous
materials in quantities in excess of those specified in UBC Table
9-A and 9-B shall comply the Uniform Fire Code, Article 80.
12. That permits shall be obtained from the Anaheim Fire
Department for all hazardous materials storage tanks.
13. That fire hydrants shall meet minimum Fire Department
requirements for spacing, distance to structure, and available fire
flow.
14. That Fire Department vehicular access shall be provided
and maintained to the satisfaction of the Fire Department.
15. That an automatic fire sprinkler system shall be
designed, installed, and maintained as required by the Fire
Department.
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16. That all lockable pedestrian and/or vehicular access
gates shall be equipped with 'knox box' devices, as required and
approved by the Fire Department.
17. That trash storage areas shall be provided and maintained
in a location acceptable to the Department of Maintenance and in
accordance with approved plans on file with said Department. Such
information shall be specifically shown on the plans submitted for
building permits.
18. That a plan sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
19. That an on-site trash truck turn-around area shall be
provided and maintained to the satisfaction of the Department of
Maintenance. Said turn-around area shall be specifically shown on
plans submitted for building permits.
20. That any proposed freestanding sign on subject property
shall be a monument-type not exceeding six (6) feet in height, and
shall be subject to the review and approval of the City Traffic and
Transportation Manager to determine adequate lines-of-sight.
21. That detailed sign plans shall be submitted to the Zoning
Division for review and approval.
22. 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.
23. That the eight (8) existing mature pine trees located
along the east property line shall be retained.
24. That lighting fixtures in any proposed parking area
located adjacent to any residential property shall be down-lighted
with a maximum height of twelve (12) feet. Said lighting fixtures
shall be directed away from adjacent residential property lines to
protect the residential integrity of the area and it shall be
so-specified on the plans submitted for building permits.
25. That this conditional use permit is granted subject to
adoption of a zoning ordinance in connection with Reclassification
No. 94-95-10, now pending.
26. 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 through 7.
27. That the two (2) proposed leasable spaces inside the
building shall be limited to office uses only.
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28. That a Lot Line Adjustment Plan to adjust the property
line such that any new building lies completely within one (1)
parcel and meets applicable zoning and building setback
requirements shall be submitted to the Subdivision Section for
review and approval by the city Engineer and then recorded in the
Office of the Orange County Recorder.
29. That a landscape plan showing minimum twenty four (24)
inch box trees along Ball Road shall be submitted to the Planning
Department, Zoning Division, for review and approval.
30. That prior to commencement of the activity authorized by
this resolution, or 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. 4, 5, 6, 7, 8, 9, 12, 14,
17, 18, 19, 21, 25, 28, and 29 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.
31. That prior to final building and zoning inspections,
Condition Nos. 1, 13, 15, 16, 23, 24 and 26 above-mentioned, shall
be complied with.
32. That approval of this application constitutes approval of
the proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City, State
and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the city Council 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 conditions, 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 is approved and adopted by the
city Council of the City of Anaheim this 26th day of September,
1995.
MAYOR OF THE '~ITY ~F~AHEIM
ATTES~ ~ ~.~ ~~
CITY CLERK OF THE CITY OF ANAHEIM
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14043.1/jwhite/September 27, 1995
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 95R-171 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 26th day of September, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
ABSTAINED: MAYOR/COUNCIL: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-171 on
the 26th day of September, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 26th day of September, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-171 was duly passed and adopted by the City Council of the City of Anaheim on this
September 26th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM