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HomeMy WebLinkAboutPC 2002-03PLANNING COMMISSION RESOLUTION NO. 2002-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-22 AND CATEGORICAL EXEMPTION 15301(e)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,202 SQUARE FEET TO AN EXISTING 2,265 SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDING PORCH, BALCONIES AND THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 480 WAYSIDE GLACE (LOT 32, TRACT 42585), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Steve and Debbie Mott, and applicant, Jerry Lutjens, Landmark Development, have filed an application to approve Development Review No. 2001-22, for a property located at 480 Wayside Place, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On January property 9 2001 53 owners within a 500 -foot radius of the project site were notified by mail. On January 11, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland V�Jley Daily Bulletin newspapers; a notice of public hearing on a display board r:ras posted at the site and displayed for a: least 10 days before the public hearing; and three other notices were posted within the vicinity of the application. 3. Ori January 22, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the Application to February 26, 2002, in order to review a "devised Application." 4. On February 26, 2002, the Planning Commission ccncluded the Public: _ Hearing. B. RESOLUTION NOW, THEREFORE, it is fuand, determined and resolved by the Planning Commission of the City of DiamonL' Fear as foliuws: 1 1. The 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. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This .is pursuant to Section 15301(e)(2)(A) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 Revised 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 480 Wayside Place (Lot 32, Tract 42585), Diamond Bar, California. The project site is approximately .24,gross acres. It is an irregularly shaped pad at the end of a cul-de-sac with an existing one-story single-family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), max. 3 du/acre. The project site is zoned Single -Family Residence, R-1-8,000. (c) Generally, the following zones surround the subject site: To the north, south, east, is the R-1-8,000 Zone and to the west is the R-1-10,000 Zone. (d) The Revised Application is a request to remodel and add approximately 2,202 square feet to an existing 2,265 square feet single-family residence including porch, balconies and three -car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized 2 L' area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a one-story, single-family residence, was established before the adoption of the City's General Plan and current Development Code. The adopted General Plan of July 25, 1995, has a land use designation of Low Density Residential (RL) (max. 3 du/acre). The current Revised Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Development Code, and with the revision to streetscape elevations consistent with the neighborhood, the Revised Application is consistent with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Development Code, the site coverage is less than 40 percent and is comparable with the existing neighborhood, and it meets the required height limitations and does not encroach further into the setbacks than the existing structure in the front. The terrain in the vicinity of Wayside Place is hilly. The proposed two- story Revised Application is not considered an impact to the view ' corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards., 1 Armitos Place and Wayside Place adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a one-story single-family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, and is a two-story structure, it meets the 35 feet height limitation per the Development Code. Additionally, the Revised Application has a height consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. 3 (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Revised Application design is compatible with the architectural style of other homes within the area and is consistent with the City's Design Guidelines and Development Code. The project uses architectural styling with the use of two-story entry; stucco; wood trim fascia and window treatments, and layering of materials and finishes via multi-levels of roof lines using roof tile to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Sections 1530 1 (e)(2)(A). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Revised Application subject to the following conditions: 4 n 1 (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated February 26, 2002, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that 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 construction, shall be done only by the property owner, applicant or by 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) The Applicant shall provide temporary sanitation facilities while under construction. (e) The landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, gates, fountains, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (f) Applicant shall submit an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (g) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (h) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (i) A one-hour wall shall be required between new garage and existing home. Q) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. 5 (k) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) The single-family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; - (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/a inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (n) This single-family structure shall meet the State Energy Conservation Standards. (o) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (p) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (q) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. __- C:11 U Li (r) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (s) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (t) 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 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. (u) 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 fora 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. 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 Steve and Debbie Mott, 480 Wayside Place, Diamond Bar, CA 91789, and Jerry Lutjens, Landmark Development, 19953 Valley Boulevard, Walnut, CA 91789. APPROVED AND ADOPTED THIS 26th DAY OF FEBRUARY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIA OND BAR. By: t-- e� (-?Steve Nelson, Chairman 7 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 2e day of February 2002, by the following vote: AYES: Commissioners: V/C Ruzicka, Tye, Kuo, Chair Nelson NOES: Commissioner: ABSENT: Commissioner: Nolan ABSTAIN: Commissioner: ATTEST: James De tefano, Secretary PLANNING COMMI SION A. RECITALS. A RESOLUTION OF THE PLANNING COMMISSION OFT E CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 001-22 AND CATEGORICAL EXEMPTION 15301(e)(2)(A), A REQUEST TO REMODEL AND ADD APPROXIMATELY 2,202 SQUARE FEET TO AN EXI 3TING 2;265 SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDIP G PORCH, BALCONIES AND THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 480 WAYSIDE OLACE (LOT 32, TRACT 4258 ), DIAMOND BAR, CALIFORNIA. UTION NO. 2002-03 1. The property owner, Steve and Debbie Mott, and applicant, Jerry Lutjens, Landmark Development, have filed an application to approve Development Review No. 2001-22, for a property located at 480 Wayside Place, Diamond Bar, Los Angeles County, California, as described in the title of this _ Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." On January 9, 2001, 53 property owners within a 500 -foot radius of the project site were notified by mail. On January 11; 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Velley Dailv Bulletin newspapers; a notice of public hearing on a display board —r:,as posted at the site and displayed for a: least 10 days before the public hearing; and three other notices were posted within the vicinity of the application. 3. On January 22, 2002; the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the Application to February 26, 2002, in order to review a "revised Application." 4. On February 26, 2602, the Planning Commission ccncluded the Public: Hearing. B. RESOLUTION NOW, THEREFORE, it is fond, determined and resolved by the Planning Commission of the City of Diamonc' Bar as foliuws: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This .is pursuant to Section 15301(e)(2)(A) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 Revised 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 Titie 14 of the California Code of Regulations. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 480 Wayside Place (Lot 32, Tract 42585), Diamond Bar, California. The project site is approximately .24 gross acres: It is an irregularly shaped pad at the end of a cul- de-sac with an existing one-story single-family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), max. 3 du/acre. The project site is zoned Single -Family Residence, R-1-8,000. (c) Generally, the following zones surround the subject site: To the north, south, east, is the R-1-8,000 Zone and to the west is the R-1-10,000 Zone. (d) The Revised Application is a request to remodel and add approximately 2,202 square feet to an existing 2,265 square feet single-family residence including porch, balconies and three -car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g:, theme areas, specific plans, community plans, boulevards, 1 or planned developments. The project site; currently developed with a one-story, single-family residence, was established before the adoption of the City's General Plan and current Development Code. The adopted General Plan of July 25, 1995, has a land use designation of Low Density Residential (RL) (maX. 3 du/acre). The current Revised Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Development Code, and with the revision to streetscape elevations consistent with the neighborhood, the Revised Application is consistent with the City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Development Code, the site coverage is less than 40 percent and is comparable with the existing neighborhood, and it meets the required height limitations and does not encroach further into the setbacks than the existing structure in the front. The terrain in the vicinity of Wayside Place is hilly. The proposed twostory Revised Application is not considered an impact to the view 01 corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Armitos Place and Wayside Place adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a one-story single-family residence. The proposed reconstructioNremodefing does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, and is a two- story structure, it meets the 35 feet height limitation per the Development Code. Additionally, the Revised Application has a height consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or 1 (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Revised Application design is compatible with the architectural style of other homes within the area and is consistent with the City's Design Guidelines and Development Code. The project uses architectural styling with the use of two-story entry; stucco; wood trim fascia and window treatments; and layering of materials and finishes via multi-levels of roof lines using roof tile to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. (h) The design of the proposed development will provide a desirable _ environment for its occupants and visiting public, as well as its . neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits, inspections and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence (j) The proposed project has. been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Sections 15301(e)(2)(A). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Revised Application subject to the following conditions: (a) to plan, floor plans, and elevations collectively labeled as Exhibit "A" dated February 26, 2002, s submitted to and approved by the Planning Commission. b he subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or m lementation of the entitlement granted herein. The removal of all rash, debris, and refuse, whether during or subsequent to onstruction, shall be done only by the property owner, applicant or b July permitted waste contractor, who has been authorized by the Cit o provide collection, transportation, and disposal of solid waste from esidential, commercial, construction, and industrial areas within the �,ity. It shall be theapplicant's obligation to insure that the waste ontractor utilized has obtained permits from the City of Diamond Bar o provide such services: c Before construction begins, the applicant shall install temporary onstruction fencing pursuant to the Building and Safety Division's e uirements along the project site's perimeter. This fencing shall emain until the Building Official approves its removal. d he Applicant shall provide temporary sanitation facilities while under onstruction. e he landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. An walls, gates, fountains, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. fApplicant shall submit an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (g) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (h) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (i) A one-hour wall shall be required between new garage and existing home. Q) Site, driveway grade, and house design shall be approved by the Fire ,Department. The maximum slope is 15% per the Public Works Division. (k) The single-family structure shall meet the 1998 California Building Code; California Plumbing Code; California Mechanical Code, and California Electrical Code requirements. (1) The minimum design wind pressure shall be 80 miles per hour and „C" exposure. (m) The single-family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; All enclosed under -floor areas shall be constructed as exterior walls; -(3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 74 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; Chimneys shall have spark arresters of maximum 1/2 inch screen. (n) This single-family structure shall meet the State Energy Conservation Standards. (o) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code; Section 18.4.3, building setback, top and toe of slopes. (p) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single- family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (q) The Applicant shall comply with the requirements of the Fire -- Department and City Planning, Building and Safety, and Public Works Divisions. (r) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (s) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (t) 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 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. (u) 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. 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 Steve and Debbie Mott, 480 Wayside Place, Diamond Bar, CA 91789, and Jerry Lutjens, Landmark Development, 19953 Valley Boulevard, Walnut, CA 91789. APPROVED AND ADOPTED THIS 26"' DAY OF FEBRUARY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIA OND BAR. B Steve Nelson; Chairman 7 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resoluti was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held the 2e day of February 2002, by the following vote: ES: Commissioners: V/C Ruzicka, Tye, Kuo, Chair Nelson NOES: Commissioner: ABSENT: Commissioner: Nolan ABSTAIN: Commissioner: ATTEST: nes De tefano, Secretary 0