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HomeMy WebLinkAboutPC 2005-28PLANNING COMMISSION RESOLUTION NO. 2005-28 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-45 AND CATEGORICAL EXEMPTION NO. 15303(c), A REQUEST TO ESTABLISH UNIVERSITY OF PHOENIX PRIVATE COLLEGE CLASSROOMS IN EXISTING OFFICE BUSINESS PARK SUITES. THE PROJECT SITE IS LOCATED AT 1470 S. VALLEY VISTA DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, 1470 S. Valley Vista Drive, LLC, and applicant, Apollo Group, Inc., Harlan Lindholm, have filed an application for Development Review No. 2004-45 and categorical exemption for an existing commercial office building located at 1470 Valley Vista Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On June 8, 2005, 36 property owners within a 700 -foot radius of the project site were notified by mail. On June 14, 2005, the project's public hearing notification sign was placed on site. On June 16, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other locations were posted within the application's vicinity. 3. On June 28, 2005, the City of Diamond Bar Planning Commission conducted 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 the City of Diamond Bar as follows: 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. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines, Section 15303(c). 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 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's assessor parcel number is 8293-050-010, addressed 1470 Valley Vista Drive (Lot 10 Tract 39679), Diamond Bar, California. The parcel is approximately 3.59 gross acres: 156,380 gross and 117,176 usable square feet. The lot is irregularly shaped in the office business park identified as Gateway Corporate Center. The project use will occupy approximately 8,560 net square feet of existing professional office space in the building completed in 1988. (b) The project site has a General Plan land use designation of Professional Office (OP). The project site is within the Commercial Manufacturing Billboard Exclusion Unilateral Contract (CM BE U/C) Zone which equates to Office Business Park building standards. (c) The following zones and uses surround the project site: To the north is the Pomona (SR 60) Freeway: to the south, east and west are office/commercial uses and the CM -BE UIC zone. (d) The Application is a request to establish University of Phoenix private college classrooms in existing office business park suites. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site has a General Plan land use designation of Professional Office (OP). Pursuant to the General Plan, this land use designation provides for the establishment of regional, freeway - oriented, and/or community retail and service commercial uses. The zoning designation for the project site is Commercial Manufacturing Billboard Exclusion Unilateral Contract (CM BE U/C) which allows for a wide range of retail shopping and service uses. The proposed project will serve Diamond Bar residents and regional educational needs as described in the General Plan Land Use Element, Objective 1.4, and Strategy 1.4.7 and is in compliance with the zoning designation, and Gateway Corporate Center's Unilateral Contract. The project site is an existing commercial office building that was constructed in 1988 and permitted by Los Angeles County per the Gateway Corporate Center's Unilateral Contract Design Guidelines and remains consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas. (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. As referenced in item (e), the proposed project is consistent with the OB zoning district and Gateway, Corporate Center's Unilateral Contract. This is a change in use from office to adult school. A parking demand study has been performed which indicates that sufficient parking is available for limited enrollment and occupancy on weekdays and weekends per the following: OCCUPANCY HOURS OF OPERATION Weekday daytime usage 33 persons 8:00 a.m. to 5:00 p.m. Weekday evening usage 140 persons 6:00 p.m. to 10:30 p.m. Weekends - Saturdays 160 persons 8:00 a.m. to 6:00 p.m. The existing commercial office building was constructed in 1988 and permitted by Los Angeles County per the Gateway Corporate Center's Unilateral Contract Design Guidelines and as conditioned will not interfere with future development and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. As stated in item (e) and (0 above, this is a change in use from office to adult school. A parking study has been performed which indicates 3 that sufficient parking is available for limited enrollment and occupancy on weekdays and weekends as noted in Condition 5(o. The existing commercial office building was constructed in 9988 and permitted by Los Angeles County per the Gateway Corporate Center's Unilateral Contract Design Guidelines. The building remains compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan (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; As referenced in the above Items (e), (0 and (g), the proposed project retains and provides a desirable environment for its occupants and visiting public as well as its neighbors by maintaining good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color, texture and a low level of maintenance. (i) The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, Fire Department, and Health Department and Industrial Waste requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (j) 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 95303(c), the City has determined that this project is categorically exempt. 5. Based on the findings and conclusions set forth above, the Assistant City Manager hereby approves the Application subject to the following conditions: 4 (a) The project shall substantially conform to cover, site plan, and floor plan collectively labeled as Exhibit "A" dates! June 28, 2005 as submitted and approved by the Planning Commission, and as amended herein. (b) The use shall not exceed seven (7) classrooms and accessory offices per Exhibit "A" with maximum 140 person occupancy for enrollment and staff at 5:30 p.m. weekdays. This number includes both the weekday daytime and evening occupancy per the following table: OCCUPANCY HOURS OF OPERATION Weekday daytime usage 33 persons 8:00 a.m. to 5:00 p.m. Weekday evening usage 140 persons 6:00 p.m. to 10:30 p.m. Weekends - Saturdays 160 persons 8:00 a.m. to 6:00 p.m. (c) The certified approval conditions shall be made a building plan page. (d) Overflow parking for the 1370 Valley Vista campus shall not be permitted with this approval at the 1470 Valley Vista campus (e) This approval shall not allow periodic classes during weekday hours before 6:00 p.m. except as noted in condition 5(b). Occasional weekday classes prior to 6:00 p.m. may only be granted if the applicant is able to provide parking and obtain a Temporary Use Permit approval. (f) 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. (g) The parking lot surface shall be repaired, slurry, and re -stripped, and driveways and curb ramps shall be current ADA standards. The path of travel from a handicap parking stall to building and from the curb to the building shall not exceed a two percent slope. (h) All roof mounted equipment shall be screened from public view. (i) All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 61 {j) Existing restroom(s) shall meet current handicap codes. (k) Prior to the issuance of any permits, the applicant shall submit plans to the Los Angeles County Fire Department for fire code compliance. (1) Plans shall conform to State and Local Building Code (i.e., 2001 California Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements and the State Energy Code. (m) Standard Urban Storm Water Mitigation Pian (SUSMP) requirements may be required by the Engineering Division. Best Management Practices (BMP's) are required for incorporation in the construction project's plans. (n) Best Management Practices (BMP's) shall be implemented for construction activities related to this project in compliance with the National Pollutant Discharge Elimination System (NPDES) regulations. (o) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time 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. (p) 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. (q) 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. C: 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 1470 S. Valley Vista Drive, LLC, 4641 District Boulevard, Vernon, CA 90058; Apollo Group, Inc., Harlan Lindholm, 4305 Hidden Oaks, Yorba Linda, CA 92886; and CB Richard Ellis, Inc., Travis Boyd, 3501 Jamboree Road, #100, Newport Beach, CA 92660; CB Richard Ellis, Inc., Cloe Chan, 660 West Huntington Drive, Arcadia, CA 91007. APPROVED AND ADOPTED THIS 28th OF JUNE 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. � 1 By: p McManus, Chairman I, James Defano, 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 28th day of June 2005, by the following vote: AYES: Commissioner: Tye, Nolan, VC/Low, Chair/McManus NOES: Commissioner: None. ABSENT: Commissioner: ABSTAIN: Commissioner: None. None. ATTEST:�� James' DeStefa* Secretary 7 PLANNING COMMISSION RESOLUTION NO. 2005-28 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-45 AND CATEGORICAL EXEMPTION NO. 15303(c), A REQUEST TO ESTABLISH UNIVERSITY OF PHOENIX PRIVATE COLLEGE CLASSROOMS IN EXISTING OFFICE BUSINESS PARK SUITES. THE PROJECT SITE IS LOCATED AT 1470 S. VALLEY VISTA DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, 1470 S. Valley Vista Drive, LLC, and applicant, Apollo Group, Inc., Harlan Lindholm, have filed an application for Development Review No. 2004-45 and categorical exemption for an existing commercial office building located at 1470 Valley Vista Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On June 8, 2005, 36 property owners within a 700 -foot radius of the project site were notified by mail. On June 14, 2005, the project's public hearing notification sign was placed on site. On June 16, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other locations were posted within the application's vicinity. 3. On June 28, 2005, the City of Diamond Bar Planning Commission conducted 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 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. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines, Section 15303(c). 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 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's assessor parcel number is 8293-050-010, addressed 1470 Valley Vista Drive (Lot 10 Tract 39679), Diamond Bar, California. The parcel is approximately 3.59 gross acres: 156,380 gross and 117,176 usable square feet. The lot is irregularly shaped in the office business park identified as Gateway Corporate Center. The project use will occupy approximately 8,560 net square feet of existing professional office space in the building completed in 1988. (b) The project site has a General Plan land use designation of Professional Office (OP). The project site is within the Commercial Manufacturing Billboard Exclusion Unilateral Contract (CM BE U/C) Zone which equates to Office Business Park building standards. (c) The following zones and uses surround the project site: To the north is the Pomona (SR 60) Freeway: to the south, east and west are office/commercial uses and the CM -BE U/C zone. (d) The Application is a request to establish University of Phoenix private college classrooms in existing office business park suites. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site has a General Plan land use designation of Professional Office (OP). Pursuant to the General Plan, this land use designation provides for the establishment of regional, freeway - oriented, and/or community retail and service commercial uses. The 2 zoning designation for the project site is Commercial Manufacturing Billboard Exclusion Unilateral Contract (CM BE U/C) which allows for a wide range of retail shopping and service uses. The proposed project will serve Diamond Bar residents and regional educational needs as described in the General Plan Land Use Element, Objective 1.4, and Strategy 1.4.7 and is in compliance with the zoning designation, and Gateway Corporate Center's Unilateral Contract. (f) (9) The project site is an existing commercial office building that was constructed in 1988 and permitted by Los Angeles County per the Gateway Corporate Center's Unilateral Contract Design Guidelines and remains consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas. 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. As referenced in Item (e), the proposed project is consistent with the OB zoning district and Gateway, Corporate Center's Unilateral Contract. This is a change in use from office to adult school. A parking demand study has been performed which indicates that sufficient parking is available for limited enrollment and occupancy on weekdays and weekends per the following: OCCUPANCY HOURS OF OPERATION Weekday daytime usage 33 persons 8:00 a.m. to 5:00 p.m. Weekday evening usage 140 persons 6:00 p.m. to 10:30 p.m. Weekends - Saturdays 160 persons 8:00 a.m. to 6:00 p.m. The existing commercial office building was constructed in 1988 and permitted by Los Angeles County per the Gateway Corporate Center's Unilateral Contract Design Guidelines and as conditioned will not interfere with future development and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. As stated in item (e) and (I) above, this is a change in use from office to adult school. A parking study has been performed which indicates 3 that sufficient parking is available for limited enrollment and occupancy on weekdays and weekends as noted in Condition 5(f). The existing commercial office building was constructed in 1988 and permitted by Los Angeles County per the Gateway Corporate Center's Unilateral Contract Design Guidelines. The building remains compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan (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; G) As referenced in the above Items (e), (t) and (g), the proposed project retains and provides a desirable environment for its occupants and visiting public as well as its neighbors by maintaining good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color, texture and a low level of maintenance. The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, Fire Department, and Health Department and Industrial Waste requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 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 QualityAct (CEQA), Section 15303(c), the City has determined that this project is categorically exempt. 5. Based on the findings and conclusions set forth above, the Assistant City Manager hereby approves the Application subject to the following conditions: 4 (a) The project shall substantially conform to cover, site plan, and floor plan collectively labeled as Exhibit "A" dated June 28, 2005 as submitted and approved by the Planning Commission, and as amended herein. (b) The use shall not exceed seven (7) classrooms and accessory offices per Exhibit "A" with maximum 140 person occupancy for enrollment and staff at 5:30 p.m. weekdays. This number includes both the weekday daytime and evening occupancy per the following table: Weekday daytime usage OCCUPANCY HOURS OF OPERATION 33 persons 8:00 a.m. to 5:00 p.m. Weekday evening usage 140 persons 6:00 p.m. to 10:30 p.m. Weekends - Saturdays 160 persons 8:00 a.m. to 6:00 p.m. (c) The certified approval conditions shall be made a building plan page. (d) Overflow parking for the 1370 Valley Vista campus shall not be permitted with this approval at the 1470 Valley Vista campus (e) This approval shall not allow periodic classes during weekday hours before 6:00 p.m. except as noted in condition 5(b). Occasional weekday classes prior to 6:00 p.m. may only be granted if the applicant is able to provide parking and obtain a Temporary Use Permit approval. M (g) 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. The parking lot surface shall be repaired, slurry, and re -stripped, and driveways and curb ramps shall be current ADA standards. The path of travel from a handicap parking stall to building and from the curb to the building shall not exceed a two percent slope. (h) All roof mounted equipment shall be screened from public view. (i) All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 5 Q) Existing restroom(s) shall meet current handicap codes. (k) Prior to the issuance of any permits, the applicant shall submit plans to the Los Angeles County Fire Department for fire code compliance. (I) (m) Plans shall conform to State and Local Building Code (i.e., 2001 California Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements and the State Energy Code. Standard Urban Storm Water Mitigation Plan (SUSMP) requirements may be required by the Engineering Division. Best Management Practices (BMP's) are required for incorporation in the construction project's plans. (n) Best Management Practices (BMP's) shall be implemented for construction activities related to this project in compliance with the National Pollutant Discharge Elimination System (NPDES) regulations. (o) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time 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. (p) (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 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. 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 $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 6 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to 1470 S. Valley Vista Drive, LLC, 4641 District Boulevard, Vernon, CA 90058; Apollo Group, Inc., Harlan Lindholm, 4305 Hidden Oaks, Yorba Linda, CA 92886; and CB Richard Ellis, Inc., Travis Boyd, 3501 Jamboree Road, #100, Newport Beach, CA 92660; CB Richard Ellis, Inc., Cloe Chan, 660 West Huntington Drive, Arcadia, CA 91007. APPROVED AND ADOPTED THIS 28th OF JUNE 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. L By: McManus, Chairman I, James De$t fano, 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 28th day of June 2005, by the following vote: AYES: Commissioner: Tye, Nolan, VC/Low, Chair/McManus NOES: Commissioner: None. ABSENT: Commissioner: None. ABSTAIN: Commissioner: None. ATTEST: James DeStefano, Secretary 7