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HomeMy WebLinkAboutPC 98-17F PLANNING COMMISSION RESOLUTION NO. 98-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE A ONE YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 93-1, AMENDED OAK TREE .PERMIT NO. 95-2, AMENDED MITIGATED NEGATIVE DECLARATION NO. 95-2 AND AMENDED MITIGATION MONITORING PROGRAM. THE PROJECT SITE IS LOCATED IN THE 3,000 BLOCK (NORTH SIDE) OF STEEPLECHASE LANE, AT THE TERMINUS OF HAWKWOOD ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Warren Dolezal of The Dolezal Family Limited Partnership, has filed an application for a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2. The request also includes an amendment to the Oak Tree Permit, to Mitigated Negative Declaration No. 95-2 and to the Mitigation Monitoring Program. The project site is located at the 3,000 Block (north side of Steeplechase Lane, at the terminus of Hawkwood Road), Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Extension of Time, Amended Oak Tree Permit, Amended Negative Declaration and Amended Mitigation Monitoring Program shall be referred to as the "Applica- tion". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the Applications are consistent with the General Plan. z 4. The Planning Commission of the City of Diamond Bar on July 14, 1998 conducted a duly noticed public hearing on the Application. 1 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Dailv Bulletin newspapers on June 19, 1998. Seventy-one property owners within a 500 foot radius of the project site were notified by mail on June 15, 1998. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission -hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Pursuant to the guideline of the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. 95-5 was prepared and adopted by the City Council on June 20, 1995, along with the approval of Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Oak Tree Permit No. 95-2 and the Mitigation Monitoring Program. Due to the removal of one oak tree, Mitigated Negative Declaration No. 95-5 and the Mitigation Monitoring Program was amended, pursuant to:CEQA Section 15162, in order to address issues related to the removal and replacement of the one existing oak tree. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and 'changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The Application relates to a project approved by the City Council on June 20, 1995. The approved project will subdivide a 2.55 acre parcel into four residential lots for the eventual development of four custom single family residences ranging from 4,000 to 8,000 square feet. Lots will vary in size from .55 to .90 acres. (b) The project site has a General Plan Land Use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000). 2 (c) Generally, the following zones surround the project site: to the north is° -`the R=1-20,000 Zone and the Commercial -Recreational (C-R) Zone; to the south is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the west is the R-1-9,000 Zone. (d) The City Council approval for the presented project expires June 20, 1995. However, due to the 1995 Subdivision Map Act amendment, the project received an automatic one year extension of time. As a result, the project's approval expired June 20, 1998. Prior to the project's expiration, the applicant requested an extension of time, in writing, to the City. As a result, the project's approval was automatically extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. (e) The extension of time request does not alter the map's design or any standards or conditions of approval related to the subdivision or the Conditional Use Permit. However, the time extension request includes amending Oak Tree Permit No. 95-2. -The City Council approval included preserving and protecting the one existing oak tree located on Lot 3. Now, the applicant is seeking to amend the Oak Tree Permit approval by removing the one existing oak tree. l OAK TREE PERMIT (f) The proposed construction or proposed use will be accomplished without endangering the health of the remaining trees, if any, on the subject property. The project site contains one oak tree located on Lot 3, adjacent to the side property line shared by Lots 3 and 4. Therefore, the proposed construction or proposed use will be accomplished without endangering the health of the remaining trees, because there are no remaining trees'on the subject property. (g) The removal or relocation of the oak tree proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated. Erosion will be readily controlled by various management practices and techniques though an erosion control plan and NPDES permit. The grading permit and NPDES permit is designed to insure that potential erosion effects are maintained at a level of insignificance. Therefore, the removal of one oak tree will not result in soil erosion through the �-" diversion or increased flow of surface waters which cannot be satisfactorily mitigated. (h) The removal or relocation of the oak tree proposed is necessary as continued existence frustrates the planned improvement or proposed use of the subject property that placement of such tree(s) precludes011, the reasonable and efficient use of such property. The oak tree is located within the front portion of Lot 3, in the center of the lot. Additionally, the tree is 'located within a landslide area. In order to mitigate the landslide area, the oak tree must be removed. The possible relocation of the oak tree was discussed with an environmental consultant employed by the City. It was determined that this oak tree's chance of survival would be slim because of its large size. Therefore, the oak tree will be removed. It is required that this oak tree be replaced at a 20:1 ratio and with 36 inch boxed oak trees. The following minimum replacement oak trees count will be located on-site: Lot 2 - two located adjacent to the front property line and each side property line; Lot 3 - one located adjacent to the front property line and southerly side property line; and Lot 4 - one located adjacent to the front property line and southerly side property line. However, as many oak trees as possible will be located on-site, as prescribed by a certified and licensed landscaper, arborist, or biologist. Oak trees which can not be located on-site will be located off-site within the City of Diamond Bar, as approved by the City; or a specified dollar amount in -lieu fee will be contributed to the City's tree replacement fund. Therefore, the removal of the oak tree is necessary as continued existence frustrates the planned improvement of the subject property. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) Tentative Parcel Map No. 23382 shall be developed in substantial conformance to plans dated July 14, 1998, labeled Exhibit "A" and Exhibit "B" - Mitigation Monitoring Program dated March 1995 and Amended Mitigation Monitoring Program date June 1998, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the con- struction, addition, or implementation of the entitlement granted herein. The removal of all J' trash, debris, and refuse, whether during or 4 �,,,y, r.,,., bw 7, u.;'. MV7.N NBt&-alm�q�"�iT',m�k�'i��1 subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) All conditions of approval listed within City Council Resolution No. 95-36 and Resolution No. 95- 37 shall remain in full force and effect unless amended as a part of this action. (d) Applicant shall replace the one existing oak tree which is cited for removal at a 20:1 ratio with 36 inch boxed oak trees. As many as possible of the replacement oak ''trees shall be located on-site, as prescribed by a'certified and licensed landscaper, arborist, or biologist paid for by the applicant. The following minimum replacement oak tree count shall be located on-site: (1) Lot 2,- two located adjacent to front property line; F. (2) Lots 3, - one located adjacent to front property line; and (3) Lot 4 one located adjacent to front �.� property line; oak trees which can not be located on-site shall be located off-site within the City of Diamond Bar. The off-site location shall be approved by the City. If an off-site location is not designated, a specified dollar amount in -lieu fee shall be contributed to the City's tree replacement fund. On-site replacement oak trees shall be planted and irrigated when grading is completed. Planting shall be supervised by'a certified and licensed landscaper, arborist or biologist. (e) Applicant shall protect and preserve the replacement oak trees pursuant to the City's Oak Tree Permit process and as follows: chain link fencing, with a minimum height of 4 feet, shall be installed 5 feet outside each tree's drip line or 15 feet from each tree's trunk, whichever is greater. Fencing shall be installed immediately after the oak trees' planting and shall remain during the construction of the homes. Fenc�,ng shall not be remove until each F home has receive 'final Planning Division inspection or certificate of occupancy. 5 (f) Replacement oak trees shall be maintained in perpetuity with a 100 percent survival rate. At the Applicant's expense, replacement oak trees shall be monitored for a 5 year period with periodic inspections and reports by a certified and licensed landscaper, arborist or biologist, submitted to the City. The first year inspections shall occur quarterly; the second year semi annually; and the third, fourth, and fifth year annually. (g) Planting material which may be installed within the replacement oak trees' drip line shall be drought tolerant only. Irrigation shall be installed in conjunction with the oak trees' planting. Irrigation installed within this area shall be appropriate for drought tolerant planting material. (h) The future homeowners' shall receive a "Buyers' Awareness" Package at escrow, with a signed receipt from the future homeowner, submitted to the City, acknowledging the future homeowner's receipt of the package. This package shall include proper care and maintenance of the replacement oak trees. (i) This grant is valid for one year from June 20, 1998 to June 20, 1999 and shall be exercised (i.e. construction started) within that period or the grant shall expire. (j) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (k) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. I e,.... a ............... ... w....., „ Y r.' vF4 wry WAR Vv. i R,:, r++ F 0 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Warren Dolezal, The Dolezal Family Limited Partnership, 4251 S. Higuera Street, San Luis Obispo, CA 93401. APPROVED AND ADOPTED THIS 14TH DAY OF JULY, 1998, BY THE PLANNING C ISSION OF THE CITY OF DIAMOND BAR. BY: j` Joe McManus, Chairman I, Ja s DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of July, 1998, by the following vote: AYES: McManus, Tye, Kuo, Nelson, Ruzicka NOES: None ,.y. ABSENT: None ABSTAIN: None ATTEST: 4ames DeStefano, Secretary 7 - ,-- -- -- -- - -I----- PLANNING COMMISSION RESOLUTION NO. 98-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE A ONE YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 93-1, AMENDED OAK TREE. PERMIT NO. 95- 2,p AMENDED MITIGATED. NEGATIVE DECLARATION NO. 95-2 AND AMENDED MITIGATION MONITORING PROGRAM. THE PROJECT SITE IS LOCATED IN THE 3,000 BLOCK (NORTH SIDE) OF STEEPLECHASE LANE, AT THE TERMINUS OF HAWKWOOD ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Warren Dolezal of The Dolezal Family Limited Partnership, has filed an application for a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2. The request also includes an amendment to the Oak Tree Permit, to Mitigated Negative Declaration No. 95-2 and to the mitigation Monitoring Program. The project site is located at the 3,000 Block (north side of Steeplechase Lane, at the terminus of Hawkwood Road), Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Extension of Time, Amended Oak Tree Permit, Amended Negative Declaration and Amended Mitigation Monitoring Program shall be referred to as the "Application". On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken on the subject Application as to the consistency with the General Plan. It has been determined that the Applications are consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on July 14, 1998 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Dailv Bulletin newspapers on June 19, 1998. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission -hereby specifically finds that all of the facts set forth in the Recitalso Part A, of this Resolution are true and correct. 2. Pursuant to the guideline of the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. 95-5 was prepared and adopted by the City Council on June 20, 1995, along with the approval of Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Oak Tree Permit No. 95-2 and the Mitigation Monitoring Program. Due to the removal of one oak tree, Mitigated Negative Declaration No. 95-5 and the Mitigation monitoring Program was amended, pursuant toCEQA Section 15162, in order to address issues related to the removal and replacement of the one existing oak tree. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth,below, and changes and alterations which havebeen incorporated—into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project Proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The Application relates to a project approved by the City Council on June 20, 1995. The approved project will subdivide a 2.55 acre parcel into four residential lots for the eventual development of four custom single family residences ranging from 4,000 to 8,000 square feet. Lots will vary in size from .55 to .90 acres. (b) The project site has a General Plan Land Use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (R-1- 3DU/Acre). It is zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000). K ME I's, N' (c) Generally, the following zones surround the project site: to the north IV—the R-- -1-20,000 Zone and the Commercial -Recreational (C-R) Zone; to the south is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the west is the R-1-9,OOOZone. (d) The City Council approval for the presented project expires June 20, 1995. However, due to the 1995 Subdivision Map Act amendment, the project received an automatic one year extension of time. As a result, the project's approval expired June 20, 1998. Prior to the project's expiration, the applicant requested an extension of time, in writing, to the City. As a result, the project's approval was automatically extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. (e) The extension of time request does not alter the map's design or any standards or conditions of approval related to the subdivision or the Conditional Use Permit. However, the time extension request includes amending Oak Tree Permit No. 95-2. -The City Council approval included preserving and protecting the one existing oak tree located on Lot 3. Now, the applicant is seeking to amend the Oak Tree Permit approval by removing the one existing oak tree. OAK TREE PERMIT (f) The proposed construction or proposed use will be accomplished without endangering the health of the remaining trees, if any, on the subject property. The project site contains one oak tree located on Lot 3, adjacent to the side property line shared by Lots 3 and 4. Therefore, the proposed construction or proposed use will be accomplished without endangering the health of the remaining trees, because there are no remaining trees'on the subject property. (g) The removal or relocation of the oak tree proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated. Erosion will be readily controlled by various management practices and techniques though an erosion control plan and NPDES permit. The grading permit and NPDES permit is designed to insure that potential erosion effects are maintained at a level of insignificance. Therefore, the removal of one oak tree will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated. (h) The removal or relocation of the oak tree proposed is necessary as continued existence frustrates the planned improvement or proposed use of the subject property that placement of such tree(s) precludes the reasonable and efficient use of such property. The oak tree is located within the front portion of Lot 3, in the center of the lot. Additionally, the tree is located within a landslide area. In order to mitigate the landslide area, the oak tree must be removed. The possible relocation of the oak tree was discussed with an environmental consultant employed by the City. It was determined that this oak treel's chance of survival would be slim because of its large size. Therefore, the oak tree will be removed. It is required that this oak tree be replaced at a 20:1 ratio and with 36 inch boxed oak trees. The following minimum replacement oak trees count will be located on-site: Lot 2 - two located adjacent to the frontproperty line and each side property line; Lot 3 --- one located adjacent to the front property line and southerly side property line; and Lot 4 one located adjacent to the front property line and southerly side property line. However, as many oak trees as possible will be located on-site, as prescribed by a certified and licensed landscaper, arborist, or biologist. oak trees which can not be located on-site will be located off-site within the City of Diamond Bar, as approved by the City; or a specified dollar amount in -lieu fee will be contributed to the City's tree replacement fund. Therefore, the removal of the oak tree is necessary as continued existence frustrates the planned improvement of the subject property. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approVes the Application subject to the following conditions: (a) Tentative Parcel Map No. 23382 shall be developed in substantial conformance to plans dated July 14, 1998, labeled Exhibit "All and Exhibit "B" Mitigation Monitoring Program dated March 1995 and Amended Mitigation Monitoring Program date June 1998, as submitted and approved by the Planning Cammission.— (b) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to constfU-&tion shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) All conditions of approval listed.within City Council Resolution No. 95-36 and Resolution No. 9537 shall remain in full force and effect unless amended as a part of this action. (d) Applicant shall replace the one existing oak tree which is cited for removal at a 20:1 ratio with 36 inch boxed oak trees. As many as possible of the replacement oak trees shall be located on-site, as prescribed by a certified and licensed landscaper, arborist, or biologist paid for by the applicant. The following minimum replacement oak tree count shall be located on-site: (1) Lot 2-- two located adjacent to front property line; (2) Lots 3 - one located adjacent to front property line; and (3) Lot 4 -- one located adjacent to front property line; Oak,trees which Fan not be located on-site shall be located off-site—within the City of Diamond Bar. The o -ff-site location shall be approved by the City. If an off-site location is not designated, a specified dollar amount in -lieu fee shall be contributed to ;Ile Cityfs tree replacement fund. on-site replacement oak trees shall be planted and irrigated when grading is completed. Planting shall be supervised by a certified and licensed landscaper, arborist or biologist. (e) Applicant shall protect and preserve the replacement p oak trees pursuant to the City's Oak Tree Permit process and as follows: chain link fencing, with a minimum height of 4 feet, shall be installed 5 feet outside each tree's drip line or 15 feet from each tree's trunk, whichever is greater. Fencing shall be installed immediately after the oak trees' planting and sha 1 remain during the construction of the homes. Fencing shall not be remove until each home has receiveffinal Planning Division inspection or Certificate o occupancy. Replacement oak trees shall be maintained in perpetuity with a 100 percent survival rate. At the Applicant's expense, replacement oak trees shall be monitored for a 5 year period with periodic inspections and reports by a certified and licensed landscaper, arborist or biologist, submitted to the City. The first year inspections shall occur quarterly; the second year semi annually; and the third, fourth, and fifth year annually. (g) Planting material which may be installed within the replacement oak treesf drip line shall be drought tolerant only. Irrigation shall be installed in conjunction with the oak trees' planting. Irrigation installed within this area shall be appropriate for drought tolerant planting material. (h) The future homeowners' shall receive Awareness"a "Buyers, signed Package at escrow, with a from the future receipt to the City, homeowner, submitted acknowledging the future receipt of the proper homeownerl's package. This package shall includecare and maintenance of the replacement oak trees. (i) This grant is valid for one year from June 20, 1998 to June 20, 1999 and shall be exercised (i.e. construction started) within that period or the grant shall expire. Q) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Services Department, their they are aware of and agrea conditions of this grant. not be effective until the City processing fees. Community and Development affidavit stating that to accept all the Further, this grant shall permittee pays remaining (k) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. -1111-11----,,, !,, ,,g„ The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Warren Dolezal, The Dolezal Family Limited Partnership, 4251 S. Higuera Street, San Luis Obispo, CA 93401. APPROVED AND ADOPTED THIS 14TH DAY OF JULY, 1998, BY THE PLANNING CC-11MISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman Ja2s DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of July, 1998, by the following vote: AYES: McManus, Tye, Kuo, Nelson, Ruzicka NOES: None ABSENT: None ABSTAIN: None ATTEST: 4a—mes De