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HomeMy WebLinkAboutPC 2005-32PLANNING COMMISSION RESOLUTION NO. 2005-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-26 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN APPROXIMATE 1,159 SQUARE FOOT FIRST AND SECOND FLOOR ADDITION TO AN EXISTING 1,417 SQUARE FOOT ONE-STORY SINGLE- FAMILY HOUSE, LOCATED AT 24347 CLAYWOOD DRIVE (LOT 36, TRACT NO. 42583), DIAMOND BAR, CALIFORNIA — APN 8281-041-051 AND MAKING FINDINGS IN SUPPORT THEREOF. 1. RECITALS A. The property owner, Christopher and Debra Perrin and the applicant, Pro Builder (Kenn Coble) have filed an application for Development Review No. 2005-26 and categorical exemption for a property located at 24347 Claywood 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." B. On August 30, 2005, public hearing notices were mailed to approximately 118 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On September 2, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland_ Valley Daily Bulletin newspapers. C. On September 13, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. D. All legal prerequisites prior to the adoption of this Resolution have occurred. II. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. 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. B. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) (New Construction or Conversion of Small Structure) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. C. 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. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: The project site is located at 24347 Claywood Drive (Lot 36, Tract No. 42583). According to the Tract Map, the project site is a rectangular shaped parcel with approximately 8,583 square feet of lot area. The Tract Map does not indicate any easements, flood hazard areas or restricted use areas. 2. The project site has a General Plan land use designation of Low Medium Density Residential (RLM) Maximum 5 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square f=eet (R-1-8,000) Zone. 4. Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-8,000 Zone. 5. The Application request is to construct an approximate 1,159 square foot first and second floor addition to an existing 1,417 square foot one-story single-family dwelling to total approximately 2,630 square feet of habitable space. E. Development Review The design and layout of the proposed development is 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, or planned developments). 2 The project site is an existing developed site currently occupied by a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusual for development within this zoning district and is consistent with other development within the immediate area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain an architectural style (Contemporary) and construction materials, which are compatible with the eclectic architectural styles, colors, and material of other homes within vicinity. 2. 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. The project site is an existing developed single-family residential parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Claywood Drive adequately serves the project site and was established to handle minimum traffic created by this type of development. 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its 3 F neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The "Contemporary" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the established neighborhood character and aesthetic value. 5. 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. . Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. 6. 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 9970 (CEQA), Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption reflects the independentjudgment of the City of Diamond Bar. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on September 13, 2005, and as amended herein. 2. 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, the applicant or by a duly permitted waste 0 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. 3. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 4. The single-family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to 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. 5. The owners 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 shall be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 6. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. A construction fence must protect the site. 7. 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. The Applicant shall provide temporary sanitation facilities while under construction. 8. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 9. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 5 10. The single-family structure is located in High Fire Zone and shall meet the all requirements for such zone. 11. This single-family structure shall meet the State Energy Conservation Standards. 12. Any retaining wall permits shall be obtained from the Engineering Department. 13. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 14. Prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 15. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 16. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 17. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; (c) Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and (d) Finish surface and finished grade of all walls/retaining walls and retaining wall calculations. 18. Prior to the issuance of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 19. All utility service to the proposed project shall be installed underground. 20. In accordance with the Department of Fish and Game Section 711.4, 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. 21. This entitlement is valid for two (2) years and shall be exercised (i.e., construction shall commence) within that period or this entitlement shall automatically 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 may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 22. This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. 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 Christopher and Debra Perrin, 24347 Claywood Drive, Diamond Bar, CA 91765 and Pro Builder, 449 W. Allen Avenue, Suite 109, San Dimas, CA 91773, Attention: Kenn Coble 7 APPROVED AND ADOPTED THIS THE 13TH DAY OF SEPTEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. f By:1 t Joe McManus, Chairman I, James OeStefano, 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 13°h of September 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN Commissioners: Commissioners: Commissioners: Commissioners: Tye, Torng, Nolan, V/C Low, Chair McManus None. None. None. ATTEST: James De tefano, Secretary .11 PLANNING COMMISSION RESOLUTION NO. 2005-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-26 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN APPROXIMATE 1,159 SQUARE FOOT FIRST AND SECOND FLOOR ADDITION TO AN EXISTING 1,417 SQUARE FOOT ONE-STORY SINGLE- FAMILY HOUSE, LOCATED AT 24347 CLAYWOOD DRIVE (LOT 36, TRACT NO. 42583), DIAMOND BAR, CALIFORNIA-APN 8281-041-051 AND MAKING FINDINGS IN SUPPORT THEREOF. 1. RECITALS A. The property owner, Christopher and Debra Perrin and the applicant, Pro Builder (Kenn Coble) have filed an application for Development Review No. 2005-26 and categorical exemption for a property located at 24347 Claywood 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." B. On August 30, 2005, public hearing notices were mailed to approximately 118 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On September 2, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. C. On September 13, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. D. All legal prerequisites prior to the adoption of this Resolution have occurred. II. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. 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. B. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) (New Construction or Conversion of Small Structure) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. C. 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. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 1 The project site is located at 24347 Claywood Drive (Lot 36, Tract No. 42583). According to the Tract Map, the project site is a rectangular shaped parcel with approximately 8,583 square feet of lot area. The Tract Map does not indicate any easements, flood hazard areas or restricted use areas. 2. The project site has a General Plan land use designation of Low Medium Density Residential (RLM) Maximum 5 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. 4. Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-8,000 Zone. 5. The Application request is to construct an approximate 1,159 square foot first and second floor addition to an existing 1,417 square foot one-story single-family dwelling to total approximately 2,630 square feet of habitable space. E. Development Review 1 The design and layout of the proposed development is 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, or planned developments). 2 The project site is an existing developed site currently occupied by a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusual for development within this zoning district and is consistent with other development within the immediate area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain an architectural style (Contemporary) and construction materials, which are compatible with the eclectic architectural styles, colors, and material of other homes within vicinity. 2. 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. The project site is an existing developed single-family residential parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Claywood Drive adequately serves the project site and was established to handle minimum traffic created by this type of development. 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its 3 neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The "Contemporary" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the established neighborhood character and aesthetic value. 5. 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. . Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. 6. 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 QualityAct of 1970 (CEQA), Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption reflects the independent judgment of the City of Diamond Bar. F. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on September 13, 2005, and as amended herein. 2. 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, the applicant or by a duly permitted waste 4 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. 3. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 4. The single-family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to 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. 5. The owners 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 shall be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 6. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. A construction fence must protect the site. 7. 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. The Applicant shall provide temporary sanitation facilities while under construction. 8. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 9. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 5 10. The single-family structure is located in High Fire Zone and shall meet the all requirements for such zone. 11. This single-family structure shall meet the State Energy Conservation Standards. 12. Any retaining wall permits shall be obtained from the Engineering Department. 13. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 14. Prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 15. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 16. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 17. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; (c) Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and 6 (d) Finish surface and finished grade of all walls/retaining walls and retaining wall calculations. 18. Prior to the issuance of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 19. All utility service to the proposed project shall be installed underground. 20. In accordance with the Department of Fish and Game Section 711.4, 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. 21. This entitlement is valid for two (2) years and shall be exercised (i.e., construction shall commence) within that period or this entitlement shall automatically 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 may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 22. This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. 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 Christopher and Debra Perrin, 24347 Claywood Drive, Diamond Bar, CA 91765 and Pro Builder, 449 W. Allen Avenue, Suite 109, San Dimas, CA 91773, Attention: Kenn Coble 7 APPROVED AND ADOPTED THIS THE 13T" DAY OF SEPTEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I, James I eStefano, 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 13'h of September 2005, by the following vote: AYES: Commissioners: Tye, Torng, Nolan, V/C Low, Chair McManus NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. ATTEST: James De tefano, Secretary