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HomeMy WebLinkAboutPC 2002-35A RESOLTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMON BAR APPROVING CONDITIONAL USE PERMIT NO. 2002- 10, A RE VEST TO OPERATE A COMPUTER SERVICES/GAMING CENTER I AN EXISTING SHOPPING CENTER. THE PROJECT SITE IS LOCAT D WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS OAK TREE PLAZA AT 962 DIAMOND BAR BOULEVARD, DIAMOND] BAR, CALIFORNIA. A. RECITALS 1. The pro erty owner, Beal Bank and applicant, Paul Esteves have filed an applicati n for Conditional Use Permit No. 2002-10 and categorical exempti n for a property located at 962 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subjectonditional Use Permit and categorical exemption shall be referred to as th "Application." 2. On Sept mber 26, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspar ers. In addition, public hearing notices were mailed to approxin ately 103 property owners of record within a 700 -foot radius of the project. Furthermore, on September 26, 2002, the project site was posted with a display board in three public places. 3. On October 8, 2002, the Planning Commission of the City of Diamond Bar conduct d and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THERE ORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1, This Plar ning Commission hereby specifically finds that all of the facts set forth in t e Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in his Resolution is categorically exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA) of 1970, as amended, and the guideline promulgated thereunder, pursuant Section 15303(c) of Article 19 of Chapt r 3 of Title 14 the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 2002-35 A RESOLTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMON BAR APPROVING CONDITIONAL USE PERMIT NO. 2002- 10, A RE VEST TO OPERATE A COMPUTER SERVICES/GAMING CENTER I AN EXISTING SHOPPING CENTER. THE PROJECT SITE IS LOCAT D WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS OAK TREE PLAZA AT 962 DIAMOND BAR BOULEVARD, DIAMOND] BAR, CALIFORNIA. A. RECITALS 1. The pro erty owner, Beal Bank and applicant, Paul Esteves have filed an applicati n for Conditional Use Permit No. 2002-10 and categorical exempti n for a property located at 962 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subjectonditional Use Permit and categorical exemption shall be referred to as th "Application." 2. On Sept mber 26, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspar ers. In addition, public hearing notices were mailed to approxin ately 103 property owners of record within a 700 -foot radius of the project. Furthermore, on September 26, 2002, the project site was posted with a display board in three public places. 3. On October 8, 2002, the Planning Commission of the City of Diamond Bar conduct d and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THERE ORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1, This Plar ning Commission hereby specifically finds that all of the facts set forth in t e Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in his Resolution is categorically exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA) of 1970, as amended, and the guideline promulgated thereunder, pursuant Section 15303(c) of Article 19 of Chapt r 3 of Title 14 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 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 project relates to an existing shopping center identified as Oak Tree Plaza. It is a square shaped lot approximately 4.24 acres. It is developed with a commercial structure of approximately 192,210 square feet constructed in the early 1980's. Uses within the shopping center are generally retail, restaurant, personal services, and a bowling alley. (b) The General Plan land use designation for the project site is Commercial/Office (CO). (c) The zoning designation for the project site is Commercial Manufacturing (C -M) which translates to the applicable standards of the Commercial Office (CO) zone. (d) Generally, the following zones and use surround the project site: to the north is the Multiple Residence -Minimum Lot Size 8,000 Square Feet -25 Units Per Acre (R -3-8,000-25U) zone; to the south is the C -M zone; to the east is the Multiple Residence -Development Plan (R -2 - DP) zone; and to the west is the Pomona (SR -60) Freeway. (e) The application request is to operate a computer services/gaming center in an existing shopping center. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district and with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district 2 whose effect on the surrounding area cannot be determined before being proposed fora particular location. A computer serviceslgaming Center is permitted in Commercial Manufacturing (C -M) which translates to the applicable standards of the Commercial Office (CO) gone, with a Conditional Use Permit and as amended herein will 6omply with all other applicable provisions of the Development Code and the Municipal Code. i (g) The proposed use is consistent with the General Plan and any applicable specific plan; e project site has a General Plan land use designation Commercial/ `ice (CO). Objectives and Strategies of the General Plan provide land uses that are diverse, mixed-use commercial retail, office and vices uses within this land use category. A computer vices/gaming is considered a service use and is compatible with r land use category as conditioned within this resolution. (h) T e design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; T e project site is located within an existing shopping centeridentified a Oak Tree Plaza. It is a square shaped lot approximately 4.24 acres. It is developed with a commercial structure of approximately 1 2,210 square feet constructed in the early 1980's. Uses within the stopping center are generally retail, restaurant, personal services, ar d a bowling alley. The proposed use, as conditioned within this re olution, will be compatible with the existing and future land uses in the, vicinity. Additionally, Garners X has been operating for almost a y6 ar. During this time frame, the City, Los Angeles County Sheriff Department WalnuWiamond Bart Station, and management company of the shopping center, have not received any complaints. The staff has visited the project site several times and has not found conditions such as loitering, loud noises, untidy property conditions, inadequate parking etc. Gamers X appears to operate a respectable business that already is following the standards for computer services/gaming center set forth in the City's Development Code. (i) Th subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; ' Th subject property is an existing shopping center built in the early 19 0's. As referenced above in item (h), the proposed computer 3 i services/gaming center is an appropriate use at the subject property. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (i), the proposed computer services/gaming center with a Conditional Use Permit, which will implement operational standards as prescribed in the City's Development Code, ensure that this use is not detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(c) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan and floor plan, collectively labeled as Exhibit 'A" dated October S, 2002, as submitted, amended herein 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 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 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) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. n 1 1 (d) Within 30 days of this approval, the applicant shall obtain permits from the City for the permanent wall sign identifying the business and the banner currently located on the storefront. (e) (f) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period review. if non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. The applicant/property owner shall implement all standards as prescribed in Development Code Section 22.42.035 for Computer Services/Network Gaming Centers and obtain all appropriate permits :rom the Building and Safety Division by December 7, 2002. (g) Pursuant to Development Code Section 22.42.035, the applicant shall mplement and maintain the following operational standard for a omputer Services/Network Gaming Center: 1) Shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines; additionally, the applicant shall continue to maintain the surveillance camera utilized within the store unit; ') Computers shall be available for use only between 10:00 a.m. and 12:00 midnight Sunday through Thursday; and between 10:00 a.m. and 2:00 a.m. on Friday and Saturday; Minors (under 18 years of age) shall not enter a computer services/network gaming center after 10:00 p.m. unless accompanied by a parent or guardian. (4 Hours of operation shall be posted in a conspicuous place; (51 Shall add three additional seats to the waiting area for a total of eight seats; and no waiting list shall be maintained beyond the seating capacity of the waiting area; (6) There shall be no loitering around any computer services/network gaming center; applicant shall post "No Loitering" and curfew signs in front of the business; (7) Shall provide at least one toilet and lavatory facility accessible to customers and employees; (8) Shall provide one parking space for every 35 square feet of 5 gross floor area devoted to computer stations; (9) Shall provide one parking space for every seat in the waiting area; (10) Shall provide bicycle parking adjacent to the premises; {11 } Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; (12) Entrance doors shall be equipped with an automatic self- closing system; (13) Alcohol consumption shall be prohibited; (14) Accessing adult-oriented internet sites shall be prohibited unless the business has an adult business permit; business owner shall provide filters for the computer network to prevent user(s) from accessing adult web sites; (15) Walls separating the computer services/network gaming center from adjoining uses shall comply with the sound transmission code rating of at least 45 or employ other noise attenuating devices as approved by the City; and (16) A computer services/network gaming center shall not be operated in a detrimental manner (i.e., loitering, creating excessive noise, etc.) to adjoining businesses and the community. (h) 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, school fees and fees for the review of submitted reports. (i) 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, 9 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 Conhmission shall: (a) Certify to the adoption of this Resolution; and (b) rTorthwith transmit a certified copy of this Resolution, by certified mail, tb: Paul Esteves, 23025 Paseo De Terrado, Diamond Bar, CA 91765 and Beal Bank, 600 Legacy Drive, #4E, Piano, Texas 75024 APPROVED AND ADOPTED THIS 8TH OF OCTOBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe F u�cka, Chairman I, ,lames DeStefano, fanning 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, zt a regular meeting of the Planning Commission held on the 8th day of October 2002, by te following vote: ATTEST: 1 AYESI: Tanaka, Nelson, Nolan, WC Tye, C/Ruzicka NOE�: None ABSE T: None ABSY IN: ANone es uestefaho, Secretary 7 PLANNING COMMISSION RESOLUTION NO. 2002-35 A RESOL TION OF THE PLANNING COMMISSION OFTHE CITY OF DIAMON BAR APPROVING CONDITIONAL USE PERMIT NO. 200210, A REQUEST TO OPERATE A COMPUTER SERVICES/GAMING CENTER I AN EXISTING SHOPPING CENTER. THE PROJECT SITE IS LOCAT D WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS OAK TREE PLAZA AT 962 DIAMOND BAR BOULEVARD, DIAMONDI BAR, CALIFORNIA. A. RECITALS The pro erty owner, Beal Bank and applicant, Paul Esteves have filed an applicati n for Conditional Use Permit No. 2002-10 and categorical exempti n for a property located at 962 Diamond Bar Boulevard, Diamond Bar, Lo Angeles County, California. Hereinafter in this Resolution, the subject onditional Use Permit and categorical exemption shall be referred to as th "Application." 2. On September 26, 2002, notification of the public hearing for this project was .. provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspa ers. In addition, public hearing notices were mailed to approxi ately 103 property owners of record within a 700 -foot radius of the project. Furthermore, on September 26, 2002, the project site was posted with a display board in three public places. 3. On October 8, 2002, the Planning Commission of the City of Diamond Bar conduct d and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of he City of Diamond Bar as follows: 1. This Pla ning 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 his Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15303(c) of Article 19 of Chaptdr 3 of Title 14 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 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 project relates to an existing shopping center identified as Oak Tree Plaza. It is a square shaped lot approximately 4.24 acres. It is developed with a commercial structure of approximately 192,210 square feet constructed in the early 1980's. Uses within the shopping center are generally retail, restaurant, personal services, and a bowling alley. (b) The General Plan land use designation for the project site is CommerciaUOffice (CO). (c) The zoning designation for the project site is Commercial Manufacturing (C -M) which translates to the applicable standards of the Commercial Office (CO) zone. (d) Generally, the following zones and use surround the project site: to the north is the Multiple Residence -Minimum Lot Size 8,000 Square Feet -25 Units Per Acre (R -3-8,000-25U) zone; to the south is the C- M zone; to the east is the Multiple Residence -Development Plan (R- 2DP) zone; and to the west is the Pomona (SR -60) Freeway. (e) The application request is to operate a computer services/gaming center in an existing shopping center. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district and with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district 2 whose effect on the surrounding area cannot be determined before being proposed fora particularlocation. A computerserviceslgaming center is permitted in Commercial Manufacturing (C -M) which translates to the applicable standards of the Commercial Office (CO) Zone, with a Conditional Use Permit and as amended herein will 6omply with all otherapplicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any alpplicable specific plan; e project site has a General Plan land use designation CommerciaU 'ice (CO). Objectives and Strategies of the General Plan provide land uses that are diverse, mixed-use commercial retail, office and vices uses within this land use category. A computer viceslgaming is considered a service use and is compatible with ; land use category as conditioned within this (h) The design, location, size and operation characteristics of the p oposed use are compatible with the existing and future land uses in the vicinity; The project site is located within an existing shopping centeridentified a Oak Tree Plaza. It is a square shaped lot approximately 4.24 acres. It is developed with a commercial structure of approximately 192,210 square feet constructed in the early 1980's. Uses within the stopping center are generally retail, restaurant, personal services, and a bowling alley. The proposed use, as conditioned within this re solution, will be compatible with the existing and future land uses in the vicinity. Additionally, Gamers X has been operating for almost a y ar. During this time frame, the City, Los Angeles County Sheriff Department Walnut/Diamond Bart Station, and management company of the shopping center, have not received any complaints. The staff has visited the project site several times and has not found conditions such as loitering, loud noises, untidy property conditions, inadequate parking etc. Gamers X appears to operate a respectable business th t already is following the standards for computer services/gaming ce ter set fofth in the City's Development Code. (i) Th subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, co patibility with adjoining land uses and the absence of physical co straints; property is an existing shopping center built in the early 19 0's. As referenced above in Item (h), he proposed computer 1 serviceslgaming center is an appropriate use at the subject property. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (i), the proposed computer services/gaming center with a Conditional Use Permit, which will implement operational standards as prescribed in the City's Development Code, ensure that this use is not detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(c) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan and floor plan, collectively labeled as Exhibit "A," dated October 8, 2002, as submitted, amended herein 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 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 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) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. C! (d) I Within 30 days of this approval, the applicant shall obtain permits !- from the City for the permanent wall sign identifying the business and II the banner currently located on the storefront. e To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (f aNNiicanvproperty owner shall implement all standards as :ribed in Development Code Section 22.42.035 for Computer -ces/Network Gaming Centers and obtain all appropriate permits the Building and Safety Division by December 7, 2002. (g) ursuant to Development Code Section 22.42.035, the applicant shall implement and maintain the following operational standard for a Computer Services/Network Gaming Center: 1) Shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines; additionally, the applicant shall continue to maintain the surveillance camera utilized within the store unit; Computers shall be available for use only between 10:00 a.m. and 12:00 midnight Sunday through Thursday; and between 10:00 a.m. and 2:00 a.m. on Friday and Saturday; Minors (under 18 years of age) shall not enter a computer services/network gaming center after 10:00 p.m. unless accompanied by a parent or guardian. Hours of operation shall be posted in a conspicuous place; Shall add three additional seats to the waiting area for a total of eight seats; and no waiting list shall be maintained beyond the seating capacity of the waiting area; (6) There shall be no loitering around any computer services/network gaming center; applicant shall post "No Loitering" and curfew signs in front of the business; (7) Shall provide at least one toilet and lavatory facility accessible to customers and employees; (8) Shall provide one parking space for every 35 square feet of 5 gross floor area devoted to computer stations; (g) Shall provide one parking space for every seat in the waiting area; (10) Shall provide bicycle parking adjacent to the premises; (11) Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; (12) Entrance doors shall be equipped with an automatic selfclosing (13) Alcohol consumption shall be prohibited; (14) Accessing adult-oriented internet sites shall be prohibited unless the business has an adult business permit; business owner shall provide filters for the computer network to prevent user(s) from accessing adult web sites; (15) Walls separating the computer services/network gaming center from adjoining uses shall comply with the sound transmission code rating of at least 45 or employ other noise attenuating devices as approved by the City; and (16) A computer services/network gaming center shall not be operated in a detrimental manner (i.e., loitering, creating excessive noise, etc.) to adjoining businesses and the community. (h) 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, school fees and fees for the review of submitted reports. (i) 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. C 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, tb: Paul Esteves, 23025 Paseo De Terrado, Diamond Bar, CA 91765 clnd Beal Bank, 600 Legacy Drive, #4E, Piano, Texas 75024 APPROVED AND ADOPTED THIS 8TH OF OCTOBER 2002, BY THE PLANNING COMMISPION OF THE CITY OF DIAMOND BAR. BY: Joe ucka, Chairman I, James 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 8th day of October 2002, by t 11 e following vote: AYM Tanaka, Nelson, Nolan, WC Tye, C/Ruzicka i ABSE—T: None ATTEST None None 7