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Home My WebLink About07/13/2021PLANNING COMMISSION AGENDA ______________________________________________ July 13, 2021 6:30 PM Diamond Bar City Hall – Windmill Community Room 21810 Copley Drive, Diamond Bar, CA 91765 PUBLIC ADVISORY: Consistent to the Governor’s Executive Order, members of the public are encouraged to participate and address the Planning Commission during the public comment portion of the meeting via teleconference. Members of the Planning Commission and limited staff may be physically present for this meeting. If you would like to attend the meeting in person, please note that face coverings are encouraged to be worn at all times. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting from Home: Members of the public can observe the meeting by calling +1 (213) 929 -4212 , Access Code: 484-934- 978 or visiting https://attendee.gotowebinar.com/register /92033937469987600 How to Submit Public Comment: Members of the public may provide public comment by sending written comments to the Minutes Secretary by email at Planning@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read into the record at the meeting, up to a maximum of five minutes. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://attendee.gotowebinar.com/register/92033937469987600 . Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. Accommodations for Persons with Disabilities: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission Meeting, please contact the Community Development Department at (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available upon request the day following the Planning Commission Meeting. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 o f the Americans with Disabilities Act of 1990. CHAIRPERSON WILLIAM RAWLINGS VICE CHAIRPERSON MAHENDRA GARG COMMISSIONER NAILA BARLAS COMMISSIONER KENNETH MOK COMMISSIONER RAYMOND WOLFE City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT Members of the public may address the Planning Commission on any item of business on the agenda during the time the item is taken up by the Planning Commission. In addition, members of the public may, during the Public Comment period address th e Planning Commission on any Consent Calendar item or any matter not on the agenda and within the Planning Commission’s subject matter jurisdiction. Any material to be submitted to the Planning Commission at the meeting should be submitted through the Minutes Secretary. Speakers are limited to five minutes per agenda item , unless the Chairperson determines otherwise. The Chairperson may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of t he agenda, the hour and any other relevant consideration. Speakers may address the Planning Commission only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the Planning Commission. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION Agendas for regular Planning Commission meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations and on the City’s website at www.diamondbarca.gov. The Planning Commission may take action on any item listed on the agenda. Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. CITY OF DIAMOND BAR PLANNING COMMISSION July 13, 2021 AGENDA Next Resolution No. 2021-09 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairperson Mahendra Garg, Chairperson William Rawlings 2. APPROVAL OF AGENDA: Chairperson 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Planning Commission on consent calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the council. Although the Planning Commission values your comments, pursuant to the brown act, members of the Planning Commission or staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five -minute maximum time limit when addressing the Planning Commission. Please complete a speaker card and hand it to the Minutes Secretary (completion of this form is voluntary). The city will call on in person speakers first and then teleconference callers, one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or Planning Commission consideration item, you will then be called upon to speak at that point in the agenda. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar i tems may be removed from the agenda by request of the Planning Commission only: 4.1 Minutes of the Planning Commission Meeting – June 22, 2021 5. OLD BUSINESS: 5.1 Conditional Use Permit Planning Case No. PL2021-18 – Planning Commission directed staff to prepare a Resolution to Deny the project. JULY 13, 2021 PAGE 2 PLANNING COMMISSION PROJECT ADDRESS: 3333 Diamond Canyon Road, Suite 100 Diamond Bar, CA 91765 APPLICANT: Teresa Cheung 1142 S. Diamond Bar Blvd #423 Diamond Bar, CA 91765 PROPERTY OWNER: Jordan Wang for Innova Biolab 1977 N. Garey Ave Pomona, CA 91767 RECOMMENDATION: Staff recommends that the Planning Commission continue this matter to July 27, 2021. 6. NEW BUSINESS: NONE 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit Planning Case No. PL2021-19 – Under the authority of DBMC Section 22.58, the applicant, Steve Lee, is requesting Conditional Use Permit approval to operate a fitness studio in a 3,966 square-foot lease space located at Golden Springs Plaza. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. (Continued from June 22, 2021) PROJECT ADDRESS: 20657 Golden Springs Dr., Suite 111A Diamond Bar, CA 91789 APPLICANT: Steve Lee 3935 Landmark Ln. Brea, CA 92823 PROPERTY OWNER: Golden Springs Asset LLC 20657 Golden Springs Dr., Suite 201 Diamond Bar, CA 91789 RECOMMENDATION: Staff recommends that the Planning Commission keep the public hearing open and continue the mat ter to the July 27, 2021, Planning Commission meeting. 8. PUBLIC HEARINGS: 8.1 Tentative Parcel Map No. 83371 (Planning Case No. PL2021-15) – Under the authority of DBMC Title 21, the applicant, Samir M. Khoury of Coory Engineering, is requesting approval to create a two-lot subdivision. The subject property consists of approximately 3.52 acres at the southwest corner of Diamond Bar Boulevard and Morning Canyon Road, JULY 13, 2021 PAGE 3 PLANNING COMMISSION with approximately half of the site developed as a church.. Proposed Parcel 1 will be 76,728 square feet (1.76 acres) and proposed Parcel 2 will be 76,729 square feet (1.76 acres). The subject property is zoned Medium Density Residential (RM) with an underlying General Plan land use designation of Medium Density Residential. PROJECT ADDRESS: 2335 S. Diamond Bar Blvd. Diamond Bar, CA 91765 APPLICANT: Samir M. Khoury, Coory Engineering 1718 N. Neville St. Orange, CA 92865 PROPERTY OWNER: Southern California Nevada Conference of the United Church of Christ 2335 S. Diamond Bar Blvd. Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15315 (Minor Land Divisions) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council approve Tentative Parcel Map No. 83371 (Planning Case No. PL2021-15), based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8.2 Conditional Use Permit No. PL2020-120 – Under the authority of DBMC Section 22.58, the applicant, Dr. Ratul Kumar, and property owner, Courtney Brodie for ROIC, are requesting Conditional Use Permit approval to operate a 3,516 square-foot veterinarian office (Grand Animal Hospital) at the Diamond Bar Towne Center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 1114 S. Diamond Bar Blvd. Diamond Bar, CA 91765 APPLICANT: Dr. Ratul Kumar 1114 S. Diamond Bar Blvd. Diamond Bar, CA 91765 PROPERTY OWNER: Courtney Pease, ROIC 11250 El Camino Real #200 San Diego, CA 92130 JULY 13, 2021 PAGE 4 PLANNING COMMISSION ENVIRONMENTAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality A ct (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. PL2020-120, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8.3 Development Code Amendment PL2021-44 – Under the authority of Diamond Bar Municipal Code (DBMC) Section 22.70, the City of Diamond Bar proposes to amend the following sections of Title 22 of the DBMC (“Development Code”) to enact regulations governing the deployment, augmentation, and relocation of small wireless facilities in the City in accordance with State and Federal law by adding a new Section 22.42.135, and amending Sections 22.42.130, 22.44.020, 22.74.030, and 22.74.040. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar Community Development Dept. ENVIRONMENTAL DETERMINATION: The City has determined that the proposed Development Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code § 21065 and CEQA Guidelines § 15378(a), in that the proposed Ordinance is not a “project” under CEQA. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending approval of Development Code Amendment (Planning Case No. PL2021-44) to the City Council. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 10. STAFF COMMENTS / INFORMATIONAL ITEMS: 11. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: Tuesday, July 20, 2021, 6:30 pm PARKS AND RECREATION COMMISSION MEETING: Thursday, July 22, 2021, 6:30 pm PLANNING COMMISSION MEETING: Tuesday, July 27, 2021, 6:30 pm CITY COUNCIL MEETING: Tuesday, August 3, 2021, 6:30 pm JULY 13, 2021 PAGE 5 PLANNING COMMISSION 12. ADJOURNMENT: PLANNING COMMISSION MEETING: Tuesday, August 10, 2021, 6:30 pm MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 JUNE 22, 2021 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Commissioner Mok led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairman Mahendra Garg, Chairman William Rawlings. Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko (May) Nakajima, Associate Planner; Joy Tsai, Assistant Planner; Kristina Santana, City Clerk; Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Planning Commission Meeting of June 8, 2021. C/Mok moved, VC/Garg seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit Planning Case No. PL2021-19 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested Conditional Use Permit approval to operate a fitness studio in a 3,966 square foot 4.1 Packet Pg. 8 ________________________________________________________________________ JUNE 22, 2021 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ lease space located at Golden Springs Plaza. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 20657 Golden Springs Drive, Suite 111A Diamond Bar, CA 91789 APPLICANT: Steve Lee 3935 Landmark Lane Brea, CA 92823 PROPERTY OWNER: Golden Springs Asset LLC 20657 Golden Springs Drive, Suite 201 Diamond Bar, CA 91789 AP/Tsai presented staff’s report and recommended Planning Commission approval of Conditional Use Permit Planning Case No. PL2021 -19, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Garg asked if there was only one entrance to the building and AP/Tsai explained that there is one entrance to the unit and a rear exit point in case of emergency that also provides access to the shared restroom facilities. VC/Garg asked how many sessions would be conducted during the day and AP/Tsai directed VC/Garg to the applicant for a response. VC/Garg questioned whether the number of allocated parking spaces was sufficient. CDD/Gubman explained there are 243 non-exclusive parking spaces available on an aggregate basis that can be used by any patron of the property. C/Mok asked how many units are vacant in the center, and AP/Tsai said she did not have that information but was told by the landlord that they are having trouble leasing out bigger spaces and that other tenants have left due to the pandemic. Chair/Rawlings opened public comments. Steve Lee, applicant, stated that 24 parking slots should not be a problem because one trainer works with a single patron for about an hour who leaves when another arrives. C/Mok asked if Mr. Lee outgrew the Walnut facility and plans to relocate to a larger facility in Diamond Bar. Mr. Lee explained that his business was in Diamond Bar six years ago and when the rent increased, he moved to a smaller facility in Walnut. Now the trainers want a larger facility which caused him to return to Diamond Bar. 4.1 Packet Pg. 9 ________________________________________________________________________ JUNE 22, 2021 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ C/Barlas asked how many trainers and employees would be at the location at any given time and Mr. Lee responded five to six. Chair/Rawlings closed public comments. C/Wolfe said he appreciates businesses wishing to relocate in the City but is concerned about the noise level affecting adjacent businesses and stated that according to his research, 88 decibels for 45 minutes is a maximum amount of noise level. He suggested this item be sent back to staff to determine an acceptable interior noise level to make sure there is no spillover noise that would adversely impact adjoining businesses. Following discussion, C/Wolfe moved, C/Mok seconded, to reopen the public hearing and continue the public hearing to July 13th to allow staff to establish an acceptable noise level threshold for these types of establishments so as not to disrupt adjoining businesses. Motion carried by the following roll call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: VC/Garg ABSENT: COMMISSIONERS: None 7.2 Conditional Use Permit Planning Case No. PL2021-18 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested Conditional Use Permit approval to operate a medical laboratory use for Innova Biolab, a clinical laboratory, in a 19,501 square foot space at an existing 36,748 square foot office building on a 3.37 acre (143,748 square foot) site. The subject property is zoned Professional Office (OP) with an underlying General Plan land use designation of Office. PROJECT ADDRESS: 3333 Diamond Canyon Road, Suite 100 Diamond Bar, CA 91789 APPLICANT: Teresa Cheung 1142 S. Diamond Bar Boulevard #423 Diamond Bar, CA 91765 PROPERTY OWNER: Jordan Wang for Innova Biolab 1977 N. Garey Avenue Pomona, CA 91767 AP/Nakajima presented staff’s report and recommended Planning Commission approval of Conditional Use Permit Planning Case No. PL2021-18, based on the 4.1 Packet Pg. 10 ________________________________________________________________________ JUNE 22, 2021 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ Findings of Fact, and subject to the conditions of approval as listed within the resolution. It was added that should the Commission approve this conditional use permit, staff recommends the addition of the following condition of approval: “The applicant shall at all times comply with the requirements of the agencies responsible for licensing and regulating clinical laboratories, includ ing the Food and Drug Administration, Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention.” With this added condition, staff believes it should cover the types of testing and hazardous waste handling. If they violate any rules as defined by the FDC, CMS or CDC, the Planning Commission has the authority to revoke the CUP. AP/Nakajima stated that additionally, staff is recommending an amendment to Condition #1 which mentions the company name (Innova Biolab), which s hould be removed since the CUP runs with the land use, and not a specific business entity, and further recommends the addition of language to specify the limits to the scope of the proposed use: “This approval is for the operation of a 4,000 square -foot, Biosafety Level 2 (BSL-2) medical laboratory use within a 19,501 square-foot space at an existing office building as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2021-18 dated June 22, 2021, and the Planning Commission minutes pertaining thereto, hereafter referred to as the “Use.” Chair/Rawlings referred to a CDC document that indicated “those types of facilities would be limited to bacteria virus that cause mild disease to humans or are difficult to contract near aerosol in a lab setting” and asked if that was correct. AP/Nakajima responded that the information she received from the CDC website that stated “it covers labels that work with agents associated with human diseases, pathogenic or infections, organisms that pose a moderate health hazard. Examples include viruses such as the HIV virus”. She further stated that any changes to the proposed use or the floorplan would require another public hearing before the Planning Commission to amend the CUP. Chair/Rawlings asked for response to whether a BSL 2 requires that any procedures that may lead to squashing or potential aerosol of material would be limited to an area that has a biological safety cabinet and that the BSL Level 2 requires that (the biolab) decontaminate work surfaces at least daily and that the waste materials are decontaminated prior to disposal. AP/Nakajima said it was her understanding during discussions with the applicant that waste would be decontaminated prior to disposal. 4.1 Packet Pg. 11 ________________________________________________________________________ JUNE 22, 2021 PAGE 5 PLANNING COMMISSION ________________________________________________________________________ C/Mok said that from his reading the testimonies from emails and documents, the major concern was that the testing was going to be done on SARS or COVID-19. If the biolab is operating at BSL Level 2, is there a law or medical condition tha t says it cannot test COVID-19, SARS or any other high-risk specimen of that caliber and AP/Nakajima responded that according to the CDC website, routine diagnostic testing of COVID-19 is available for BSL Level 2 laboratories. An option would be for the Commission to include a condition limiting or prohibiting COVID-19 at the site, if it wished to do so. C/Mok asked what would prevent this or any lab from testing COVID-19 on the sly and if protocol were broken, who would enforce it and would there be regular inspections or a watchdog organization ensuring those kinds of tests were not being performed. AP/Nakajima responded that it would be enforced by the FDA, CMS and CDC. She was not certain about the frequency of inspections, but her understanding is that there are several inspections the biolab would need to pass. C/Mok referred to Attachment D (Suite 100) of the floorplan and said he noticed that the two labs are in the open when almost all of the other work areas are behind closed doors which to him is both promising and problematic – promising because the operators of the lab must feel that what they are testing is safe enough to be do ne in the open and problematic, because something could happen in the open and not behind closed doors that could be catastrophic. C/Barlas said that if BSL Level 2 wants to do COVID testing, they have to be at BSL Level 2 enhanced or 2.5 which requires certification from the Institute of the Viral Safety Committee. She asked to have the applicant comment on this statement. Chair/Rawlings opened the public hearing. Jordan Wang stated that Biolab was acquired by Innova in December 2020 and prior to that, the lab was located on Valley Vista in Diamond Bar for about six years after which the lab moved to Pomona where a drive -through was located. He understands the concerns about Level 2, but during the COVID pandemic, the lab tested about two million patients and not one lab tech or testing staff contracted COVID. On the outside of the lab, there is indication day to day that COVID at the lab is present through a swab with no particles flying through the air or contaminating the environment. The positive about having the Innova lab in Diamond Bar is that the staff is routinely (weekly) tested and will continue to wear masks until at least 2022. Mr. Wang responded to Chair/Rawlings that all of the bio safety cabinets are certified CEPA regulated. 4.1 Packet Pg. 12 ________________________________________________________________________ JUNE 22, 2021 PAGE 6 PLANNING COMMISSION ________________________________________________________________________ Mr. Wang responded to C/Barlas’s question that Innova is a Bio Level Safety 2, a high complexity laboratory. COVID testing is a swab in a tube which is handled and processed accordingly. Mr. Wang confirmed to Chair/Rawlings that at the end of every shift, countertops are bleached down and surfaces are mopped on a daily basis. BLS 2 is limited to non-aerosol virus bacteria and while the public fears are reasonable, this is a clinical lab and not an FDA research lab which would require a Bio Safety Level 4 with much more sophisticated equipment and facility enhancements. C/Wolfe asked what steps have to be undertaken to increase the lab facilities in addition to the physical improvements. Mr. Wang responded that the lab is not equipped nor at the level to do FDA virus testings which are regulated by the CDC, FDA, etc. C/Mok asked Mr. Wang if the Commission approved this project under the condition that Innova would not try to move the lab from a Level 2 to a Level 3, and not include the testing of high-risk pathogens, specimens (SARS and COVID-19) if the applicant would agree to that condition. Mr. Wang said that if the lab followed the guidelines of the state and government, they would technically be okay to do such testing, but if they were required to agree to such a condition in order to move back to Diamond Bar, they would do so. C/Barlas asked the applicant how many certified lab scientists would be working at the same time in the lab and Mr. Wang responded six to seven. C/Barlas asked how many were certified biologists and Mr. Wang responded two and the rest are general or microbiologists. In addition, the lab has a bio-analyst on staff and employs two consultants. Mr. Wang confirmed that the lab is at BSL Level 2 and will verify whether the lab is at an enhanced level. He offered the Commissioners copies of the lab’s state license which he had in hand. The following speakers submitted written comments and/or spoke in opposition to Conditional Use Permit No. PL2021-18. Speaker indicated with an asterisk spoke telephonically. Wendy Tian Jay Parsons, on behalf of the Diamond Canyon Homeowner’s Association Michael Tian Brian Tsai Changming Qiu Michelle Chen Michelle Wu David Chang Yinting Qiu 4.1 Packet Pg. 13 ________________________________________________________________________ JUNE 22, 2021 PAGE 7 PLANNING COMMISSION ________________________________________________________________________ Jasmine Hsu David Wang Michelle (Huai-Chien) Lo Lee Pai An Ching *Jason Tien (not opposed to lab, but opposed to it being located as proposed) *Zienghei Chai No one spoke in favor of Conditional Use Permit No. PL2021-18. Mr. Wang responded to speakers and Commissioner’s questions and concerns and there being no other individuals wishing to speak, Chair/Rawlings closed the public hearing. C/Wolfe thanked the community for their participation. After extensive review of the staff report and documents, it is his belief that this is not an appropriate or compatible use for this particular location. The community is locked in and the only access point is coming through in front of the building . The homes are immediately adjacent to the facility and, he does not see that there is a lot of control over the future proposed use of the facility. C/Mok stated that the timing of this CUP is not good. This community and the planet is hurting because of COVID and despite all of the improved conditions regarding COVID and the lifted restrictions, there remains an open wound from which people have not yet healed. Certain negative items stand out to him such as, the most recent June 10th FDA warning to the parent company. Unfortunately, the parent company messed up and others are paying for that error. Secondly, there is incompatibility with the neighborhood, as indicated by C/Wolfe. Third, he feels there is a potential that the BSL Level 2 could possibly be upgraded to a BSL Level 3 in the future. C/Barlas said she appreciated the community’s input and the Commissioners vigilance. She is not that concerned about the bio-hazard risks because as a biologist, she knows that California is one of the more fo rward states in the country that has higher standards for the bio-labs and for the collection points. While there is no precaution taken at that collection center, it has been properly overseen by the oversight agencies and she is comfortable movin g forward with the approval and, in fact, there is already a lab which is much closer to other businesses and residential homes in Diamond Bar. VC/Garg thanked the community for their participation and said he agreed with Commissioners Mok and Wolfe about a possible upgrade of the lab to level 3 and the concern about the business being located adjacent to residential dwellings. 4.1 Packet Pg. 14 ________________________________________________________________________ JUNE 22, 2021 PAGE 8 PLANNING COMMISSION ________________________________________________________________________ Chair/Rawlings said that like C/Barlas he would be less concerned with the risk of contagions if the City was able to place additional conditions on the operation and the facility that would limit it to a Level 2 without COVID testing , but was somewhat concerned about the single entry/exit neighborhood adjacent to the business. C/Wolfe moved, C/Mok seconded, to direct staff to prepare a resolution of denial for Conditional Use Permit Planning Case No. PL2021 -18 to be brought back to the Commission for consideration at the July 13th, 2021, meeting with finding that Findings #3 and #5, that the operating characteristics and proposed uses are not compatible with public safety and existing and future land uses in the community. Motion carried 3-2 by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Wolfe, VC/Garg NOES: COMMISSIONERS: Barlas, Chair/Rawlings ABSENT: COMMISSIONERS: None Chair/Rawlings said he was grateful for the public’s participation and contributions to the City. 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: C/Mok expressed his gratitude to the community for their participation and was grateful for the research and information provided by staff and commun ity members. He thanked Jordan Wang for his participation and wished him good luck finding another facility. C/Barlas thanked the community for their participation and staff for a great job on the proposal and documentation. VC/Garg thanked community members for their participation and said he would not be available for the July 13th meeting. Chair/Rawlings said he hoped Jordan Wang would look to continue doing business in Diamond Bar and find a good spot for his business in the City. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman asked the City Attorney to provide clarification on the next steps with the action the Commission is taking on the Conditional Use Permit denial. 4.1 Packet Pg. 15 ________________________________________________________________________ JUNE 22, 2021 PAGE 9 PLANNING COMMISSION ________________________________________________________________________ ACA/Eggart explained that the reason this item has to come back to the Commission for another meeting is that the Commission’s procedures and the law require any decision of the Commission to be in writing and state the Findings and the Facts supporting the decision. Tonight, the Planning Commission did not have a Resolution citing facts supporting their decision to deny the CUP because staff’s recommendation was for approval of the CUP and the written document denying the CUP has to come back for approval at the next meeting to comply with the law. At that time, there will n ot be a public hearing and no public comments will be received from the applicant and/or the public. Until that time, the Commission’s action is not final and once it is final, if approved, the applicant will have an opportunity to appeal the final decisi on to the City Council after Commission action on July 13th, should the applicant choose to do so. CDD/Gubman wished everyone a happy and festive 4th of July. The agenda for the next meeting on July 13th includes a Conditional Use Permit for a veterinary office at the former Whole Enchilada location in the Walmart/Crunch Fitness Center, a small cell wireless Ordinance that provides an update on regulations for small cellular facilities, a Public Hearing for a two-lot subdivision for the United Church of Christ Campus for the contiguous vacant portion that will, if approved, be able to accommodate residential units, further consideration of the Fitness 100 Conditional Use Permit with noise levels reflected in the Conditions of Approval and, the Resolution of Denial for Conditional Use Permit Planning Case No. PL2021-18. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Rawlings adjourned the regular meeting at 9:08 p.m. The foregoing minutes are hereby approved this July 13, 2021. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ______________________________ William Rawlings, Chairperson 4.1 Packet Pg. 16 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 5.1 MEETING DATE: July 13, 2021 CASE/FILE NUMBER: Conditional Use Permit Planning Case No. PL2021-18 PROJECT LOCATION: GENERAL PLAN DESIGNATION: 3333 Diamond Canyon Road, Suite 100 Diamond Bar, CA 91765 (APN 8269-011-015) Office ZONING DISTRICT: Professional Office (OP) PROPERTY OWNER: APPLICANT: Teresa Cheung 1142 S Diamond Bar Blvd #423 Diamond Bar, CA 91765 Jordan Wang Innova Biolab 1977 N Garey Ave Pomona, CA 91767 SUMMARY: On June 22, 2021, the Planning Commission conducted a duly noticed public hearing regarding a request for a Conditional Use Permit (CUP) to operate a medical laboratory use for Innova Biolab, a clinical laboratory in a 19,501 square -foot space at an existing office building on a 3.37-acre (143,748 square-foot) site. Staff presented the project to the Planning Commission recommending approval of the project, subject to conditions. Prior to the public hearing, staff received phone calls, emails, a petit ion and letters of opposition from residents of the Diamond Canyon community . All written communications received were forwarded to the Commission. Sixteen residents spoke at the public hearing in opposition to the project. The residents raised health co ncerns related to the laboratory use, specifically regarding the applicant being engaged in the CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 5.1 Packet Pg. 17 Conditional Use Permit Planning Case No. PL2021-18 Page 2 of 3 manufacturing of COVID-19 test kits. Among other things, the residents felt that this use would endanger the health, safety and welfare of the residents, and th at it will depress property values due to the stigma and fear associated with the virus. In light of the deadly COVID-19 global pandemic, which causes anxiety and fear with the virus, the Commission found that the proposed use was inappropriate adjacent to a single-family residential neighborhood and church. The site for which the use is proposed is surrounded by single-family residences to the west, an open space hillside to the north, a church and preschool to the south, and the 57 freeway to the east. Figure 7-6 of the Diamond Bar General Plan shows that all of these properties are located within a High Fire Hazard Severity Zone. Diamond Canyon Road is the only point of access to the subject property, the residences and church/preschool, and is thus the only available evacuation route in the event of an emergency. In addition to the existing risk of a wildland fire, the potential risk of a biohazard emergency associated with the proposed use may pose a safety risk by impeding the neighborhood’s single evacuation route. After closing the public hearing, the Planning Commission, by a 3-2 vote, directed staff to: 1) prepare a resolution denying the request based on findings that the proposed use would be incompatible with the surrounding uses, and would be detrimental to the public interest, health, safety and/or welfare; and 2) place the resolution on the July 13, 2021 agenda for adoption. RECOMMENDATION: Since Commissioner Garg will be absent from this meeting, staff recommends the Planning Commission continue the matter to July 27, 2021, to allow all five Commissioners to vote on the draft resolution denying Conditional Use Permit No. PL2021-18. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX 5.1 Packet Pg. 18 Conditional Use Permit Planning Case No. PL2021-18 Page 3 of 3 B. Planning Commission Staff Report Dated June 22, 2021 C. Draft Minutes from the June 22, 2021 Planning Commission Meeting 5.1 Packet Pg. 19 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. PL2021-18, TO OPERATE A MEDICAL LABORATORY USE FOR INNOVA BIOLAB, A CLINICAL LABORATORY IN A 19,501 SQUARE-FOOT SPACE AT AN EXISTING OFFICE BUILDING LOCATED AT 3333 DIAMOND CANYON ROAD, SUITE 100, DIAMOND BAR, CA (APN 8269-011-015). A. RECITALS 1. The property owner, Teresa Cheung, and applicant, Jordan Wang for Innova Biolab, have filed an application for Conditional Use Permit No. PL 2021-18 to operate a medical laboratory use for Innova Biolab, a clinical laboratory in a 19,501 square-foot space at an existing office building. The project site is more specifically described as 3333 Diamond Canyon Road, Suite 100, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall be referred to as the “Proposed Use.” 2. The subject property is comprised of a 3.37 gross acre parcel. It is located in the Professional Office (OP) zone with a General Plan land use designation of Office. 3. The subject property is legally described as Lot 1 of Tract No. 50415. The Assessor’s Parcel Number is 8269-011-015. 4. On June 9, 2021 public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On June 11, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper and posted at the City’s designated community posting sites. 5. On June 22, 2021, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, received a staff report and information concerning the Proposed Use from City Staff, solicited testimony and evidence from the applicant and all other interested individuals, and concluded said hearing on that date. The applicant and all other interested individuals were given an opportunity to be fully heard and to present evidence at the public hearing . 6. After the close of the public hearing, the Planning Commission gave due and careful consideration to the matter and, upon a motion duly passed 3-2, directed staff to prepare a resolution for denial of the Proposed Use based on the facts and information contained in the oral and written record. 7. The documents and materials constituting the administrative record of the proceedings upon which the Planning Commission’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. 5.1.a Packet Pg. 20 Page 2 Planning Commission Resolution No. 2021-XX B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. Based on the findings and conclusions set forth below, the Proposed Use is denied. 3. Because the Proposed Use is denied, the Proposed Use is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15270(a) of the CEQA Guidelines. C. FINDINGS OF FACT AND CONCLUSIONS Based upon the totality of the information provided and substantial evidence in the administrative record, the Planning Commission hereby finds and determines that the proposed use is not compatible with the surrounding neighborhood and will be detrimental to the health, safety and welfare of the residents contemplated by Chapter 22.58 of the Diamond Bar Municipal Code . Based on the above, the following two (2) findings required for approval of a Conditional Use Permit pursuant to DBMC Section 22.58.040 cannot be made: 1. “(3) The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity.” 2. “(5) 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.” The facts and reasons supporting this determination include the following: The Proposed Use includes a laboratory for the testing of pathogens from samples obtained offsite from patients. Byproducts of the Proposed Use include biohazardous waste that would be temporarily stored on the premises. In light of the ongoing and deadly COVID-19 global pandemic, the residents that live in proximity to the Proposed Use perceive an increased risk of infection due to such proximity. The fear and anxiety stemming from this perception is so intense that the establishment of the Proposed Use at this time would have a negative impact on the quality of life for the nearby residents, and would thus be incompatible with existing uses in the vicinity. The site for which the Use is proposed is surrounded by single-family residences to the west, an open space hillside to the north, a church and preschool to the south, and the 57 freeway to the east. Figure 7-6 of the Diamond Bar General Plan shows that all of these properties are located within a High Fire Hazard Severity Zone. Diamond Canyon Road is the only point of access to the subject property, the residences and church/preschool, and is thus the only available evacuation 5.1.a Packet Pg. 21 Page 3 Planning Commission Resolution No. 2021-XX route in the event of an emergency. In addition to the existing risk of a wildland fire, the potential risk of a biohazard emergency associated with the Proposed Use may pose a safety risk by impeding the neighborhood’s single evacuation route. Staff received phone calls, emails, a petition and letters of opposition from residents of the adjacent residential community. Sixteen residents from this community testified at the public hearing and expressed concerns about the incompatibility of the proposed laboratory use with the other land uses in the vicinity. Concerns expressed by individuals who identified themselves as living in the immediate vicinity of the Proposed Use, or representing such individuals, included, but were not limited to, perceived increase in risks associated with biological infection, exposure to hazardous waste and chemicals, and not being able to safely evacuate in the event of a biohazard, fire, or other emergency on the site of the Proposed Use due to the single point of ingress/egress to the subject property, residences, and church. Several owners and residents of properties in the vicinity also testified that the proximity of the Proposed Use and the perceived additional risks associated with it would depress their residential property values and the perceived desirability of living in the community. In light of the foregoing facts, the findings necessary for approval of the requested Conditional Use Permit cannot be made. 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 the property owner, Teresa Cheung, 1142 S. Diamond Bar Blvd #423, Diamond Bar, CA 91765; and applicant, Jordan Wang for Innova Biolab, 1977 N. Garey Ave, Pomona, CA 91767. D. RELIANCE ON RECORD Unless otherwise provided, each and every one of the finding s and conclusions in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Proposed Project. The findings and conclusions constitute the independent findings and conclusions of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. Unless otherwise provided, all summaries of information in this Resolution are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. 5.1.a Packet Pg. 22 Page 4 Planning Commission Resolution No. 2021-XX PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JULY 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, Chairperson I, Greg Gubman, 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 27th day of July 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 5.1.a Packet Pg. 23 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.2 MEETING DATE: June 22, 2021 CASE/FILE NUMBER: Conditional Use Permit Planning Case No. PL2021-18 PROJECT LOCATION: 3333 Diamond Canyon Road, Suite 100 Diamond Bar, CA 91765 (APN 8269-011-015) GENERAL PLAN DESIGNATION: Office ZONING DISTRICT: Professional Office (OP) PROPERTY OWNER: Teresa Cheung 1142 S Diamond Bar Blvd #423 Diamond Bar, CA 91765 APPLICANT: Jordan Wang Innova Biolab 1977 N Garey Ave Pomona, CA 91767 SUMMARY: The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a medical laboratory use for Innova Biolab, a clinical laboratory in a 19,501 square -foot space at an existing office building on a 3.37-acre (143,748 square-foot) site. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No. PL2021-18, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.58, subject to conditions. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.2 Packet Pg. 32 5.1.b Packet Pg. 24 Conditional Use Permit Planning Case No. PL2021-18 Page 2 of 8 BACKGROUND: The property was developed in 1989 with a 36,748 square-foot office building. The building was originally occupied by Biosense Webster (Johnson & Johnson company), followed by other office use tenants, but has been vacant for approximately two years. The building floor plan is divided into two spaces, a 17,247 square-foot space and a 19,501 square-foot space. There are 167 total off-street parking spaces on site. The property is legally described as Lot 1 of Tract No. 50415. The Assessor’s Parcel Number (APN) is 8269-011-015. Site and Surrounding General Plan, Zoning and Land Uses The project site is located on the north side of Diamond Canyon Road and west of the State Route 57 freeway. The site is surrounded by single -family residences to the west, an open space hillside to the north, and church to the south. Site (Plan View) Aerial 7.2 Packet Pg. 33 5.1.b Packet Pg. 25 Conditional Use Permit Planning Case No. PL2021-18 Page 3 of 8 The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning Land Uses Site Office OP Professional Office Building North Open Space OS Open Space South Office OP Church East N/A N/A SR-57 Freeway West Low Medium Residential RLM Single-Family Homes Project Site Adjacent Properties to the West Adjacent Property to the South 7.2 Packet Pg. 34 5.1.b Packet Pg. 26 Conditional Use Permit Planning Case No. PL2021-18 Page 4 of 8 Project Description Innova Biolab was founded in 1998 and has been servicing the healthcare community throughout the past two decades. The company has approximately 150 employees. The proposed Diamond Bar facility will provide for the following operations: laboratory analysis, client services and administration, billing and collections department, logistics dispatch, human resources and accounting services. Innova’s team of in-house couriers provide services throughout the state to retrieve specimens from clients. Specimens are returned back to the lab for processing and results are sent electronically to the client. After this process is complete, the administration team will bill for the services rendered through the patients’ commercial and state insurance plans. There will be no products sold or manufactured, and will only provide services to healthcare professionals and organizations. The proposed business hours will be from 8 a.m. to 6 p.m., Monday through Friday, 8 a.m. to 2 p.m. on Saturday, and closed Sunday. Approximately 50 employees will work at the proposed Diamond Bar office. Proposed Floor Plan 7.2 Packet Pg. 35 5.1.b Packet Pg. 27 Conditional Use Permit Planning Case No. PL2021-18 Page 5 of 8 ANALYSIS: Review Authority (DBMC Section 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owner were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the business without full review and approval by the Planning Commission. Required Parking The required number of parking spaces for medical laboratory uses is one space per 300 square feet of gross floor area. General office uses requires one space per 400 square feet of gross floor area. The table below provides a summary of the parking requirements for the office building. The site provides 167 off-street parking spaces. The parking required for the office uses within the building is 82. The addition of the medical laboratory use requires 13 spaces. The total off-street parking requirement for the building would thus be 95 spaces, leaving a surplus of 72 spaces. Use Sq. Ft. Parking Ratio Parking Required Parking Provided General Office (Suite 150) 17,247 1/400 sq. ft. 43 General Office (Suite 100) 15,553 1/400 sq. ft. 39 Proposed Medical Lab (Suite 100) 3,948 1/300 sq. ft. 13 Total 36,748 95 167 City’s Development Code Parking Requirement 7.2 Packet Pg. 36 5.1.b Packet Pg. 28 Conditional Use Permit Planning Case No. PL2021-18 Page 6 of 8 Parking Demand When reviewing parking impacts, various uses and peak business hours for those uses are taken into consideration. The existing building is vacant but is designated for general office uses. The peak parking demand for office uses would occur on weekdays from 9 a.m. to 5 p.m. Innova Biolab’s business hours will be from 8 a.m. to 6 p.m., Monday through Friday, 8 a.m. to 2 p.m. on Saturday, and closed Sunday. Based on their business proposal, the business will need a maximum of 50 parking spaces for 50 employees. Under a parking demand scenario, the proposed use could conceivably generate less demand. Since 167 parking spaces are available, there would still be a surplus of 74 spaces under this scenario. Parking Demand Use Sq. Ft. Parking Ratio Parking Required Parking Provided General Office (Suite 150) 17,247 Per Development Code Requirements 43 Proposed General Office and Medical Lab (Suite 100) 19,701 50 employees 50 Total 36,748 93 167 Staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed general office and medical laboratory use. Compatibility with Neighborhood The site is surrounded by single-family residences to the west, an open space hillside to the north, a church to the south and the 57 freeway to the east. The proposed use is consistent with the current zoning designation of Professional Office. A general office with medical laboratory is considered a non -intensive use in terms of noise and traffic. Additionally, no customers will be visiting the site. Given the proposed hours of operation, the availability of parking, and types of adjoining uses, it is reasonable to conclude that the proposed business will be compatible with the other uses in the neighborhood. Additional Review The Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. 7.2 Packet Pg. 37 5.1.b Packet Pg. 29 Conditional Use Permit Planning Case No. PL2021-18 Page 7 of 8 NOTICE OF PUBLIC HEARING: On June 9, 2021, public hearing notices were mailed to property owners within a 1,000 - foot radius of the project site. On June 11, 2021, the notice was published in the San Gabriel Valley Tribune newspaper; the project site was posted with a notice display board; and a copy of the public notice was posted at the City’s designated community posting sites. PUBLIC COMMENTS RECEIVED: Staff received phone calls from several neighboring residents in response to the public hearing notice. They expressed health concerns related to the possibility of the laboratory conducting COVID-19 testing, and that specimens may not be properly disposed of. The applicant has confirmed that the Diamond Bar location will not be conducting COVID-19 testing, as their Pomona location provides this service. Typical specimens will include samples from healthcare industries such as blood work or urine. Specimens will be properly disposed of from the site three times a week through a professional waste management company, as the healthcare industry has its own regulatory requirements specifically for clinical laboratories. The Centers for Medicare and Medicaid Services regulates all laboratory testing performed on humans in the nation, through the Clinical Laboratory Improvement Amendments (CLIA). Laboratories must pass an inspection annually to ensure they comply with CLIA. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: 7.2 Packet Pg. 38 5.1.b Packet Pg. 30 Conditional Use Permit Planning Case No. PL2021-18 Page 8 of 8 Attachments: A. Draft Resolution No. 2021-XX and Standard Conditions of Approval B. Site Plan and Floor Plans C. Business Description 7.2 Packet Pg. 39 5.1.b Packet Pg. 31 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2021-18, TO OPERATE A MEDICAL LABORATORY USE FOR INNOVA BIOLAB, A CLINICAL LABORATORY IN A 19,501 SQUARE-FOOT SPACE AT AN EXISTING OFFICE BUILDING LOCATED AT 3333 DIAMOND CANYON ROAD, SUITE 100, DIAMOND BAR, CA (APN 8269-011-015). A. RECITALS 1. Property owner, Teresa Cheung, and applicant, Jordan Wang for Innova Biolab, have filed an application for Conditional Use Permit No. PL 2021-18 to operate a medical laboratory use for Innova Biolab, a clinical laboratory in a 19,501 square-foot space at an existing office building. The project site is more specifically described as 3333 Diamond Canyon Road, Suite 100, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall collectively be referred to as the “Project” or “Proposed Use.” 2. The subject property is comprised of a 3.37 gross acre parcel. It is located in the Professional Office (OP) zone with a General Plan land use designation of Office. 3. The Assessor’s Parcel Number is 8269-011-015. 4. On June 11, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On June 9, 2021, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site and posted at the City’s designated community posting sites. 5. On June 22, 2021, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 7.2.a Packet Pg. 40 5.1.b Packet Pg. 32 2 PC Resolution No. 2021-XX 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 1. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to DBMC Section 22.10.030 Table 2-6, medical services – clinics and laboratories —as defined by DBMC Section 22.80.020—is permitted in the OP zoning district with approval of a conditional use permit. The proposed medical laboratory will be located within an existing office building. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. The Proposed Use is consistent with General Plan Goal LU-G-10: (“Support the long-term viability of existing commercial, office, and light industrial uses, designated for continued use in the General Plan”) in that the Proposed Use will be located within an existing office building that has been vacant for approximately two years. The Proposed Use is consistent with General Plan Goal ED-P-6: (“Work with property owners of existing office centers to increase the daytime population and facilitate opportunities to attract quality office tenants and supporting commercial businesses”) in that the Proposed Use will be operated by a tenant that has been servicing the healthcare community throughout the past two decades. Their proposed hours from 8 a.m. to 6 p.m., Monday through Friday and 8 a.m. to 2 p.m. on Saturday is consistent with creating a daytime population. The Project site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity. 7.2.a Packet Pg. 41 5.1.b Packet Pg. 33 3 PC Resolution No. 2021-XX The Proposed Use will be located within an existing office building which will be occupied by similar office uses. The Proposed Use complies with the City’s Development Code parking requirement as well as parking demand. The Proposed Use will operate from 8 a.m. to 6 p.m., Monday through Friday, 8 a.m. to 2 p.m. on Saturday, and closed Sunday . The site is surrounded by single-family residences to the west, an open space hillside to the north, church to the south and the 57 freeway to the east. A general office with medical laboratory is considered a non-intensive use in terms of noise and traffic. Additionally, no customers will be visiting the site. Given the proposed hours of operation, the availability of parking, and types of adjoining uses, it is reasonable to conclude that the pro posed business will be compatible with the other uses in the neighborhood. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the building. 4. The 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. The Proposed Use is physically suitable within the subject site because it will be located in an existing building that operates with general office uses, and no additional square footage is being proposed. In addition, the Proposed Use will be using existing access and parking. 5. 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. Prior to the issuance of any city permits, the Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. 7.2.a Packet Pg. 42 5.1.b Packet Pg. 34 4 PC Resolution No. 2021-XX D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2021-18 subject to the following conditions: 1. This approval is for the operation of a medical laboratory use for Innova Biolab, a clinical laboratory in a 19,501 square-foot space at an existing office building as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2021-18 dated June 22, 2021, and the Planning Commission minutes pertaining thereto, hereafter referred to as the “Use.” 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 3333 Diamond Canyon Road, Suite 100, as depicted on the approved plans on file with the Planning Division. If the Proposed Use expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission approval shall be required for the new location. 4. If, at any time, the City finds that the Use is the cause of a parking deficiency or other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 5. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission. 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 the property owner, Teresa Cheung, 1142 S. Diamond Bar Blvd #423, Diamond Bar, CA 91765; and applicant, Jordan Wang for Innova Biolab, 1977 N. Garey Ave, Pomona, CA 91767. 7.2.a Packet Pg. 43 5.1.b Packet Pg. 35 5 PC Resolution No. 2021-XX APPROVED AND ADOPTED THIS 22ND DAY OF JUNE, 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, Chairperson I, Greg Gubman, 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 22nd day of June, 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 7.2.a Packet Pg. 44 5.1.b Packet Pg. 36 6 PC Resolution No. 2021-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2021-18 SUBJECT: To operate a medical laboratory use for Innova Biolab, a clinical laboratory in a 19,501 square-foot space at an existing office building PROPERTY Teresa Cheung OWNER(S): 1142 S. Diamond Bar Blvd #423 Diamond Bar, CA 91765 APPLICANT: Jordan Wang for Innova Biolab 1977 N. Garey Ave Pomona, CA 91767 LOCATION: 3333 Diamond Canyon Road, Suite 100, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void, or annul the approval of Conditional Use Permit No. PL2021-18 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 7.2.a Packet Pg. 45 5.1.b Packet Pg. 37 7 PC Resolution No. 2021-XX (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. PL 2021-18 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamon d Bar Business License for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the P lanning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7.2.a Packet Pg. 46 5.1.b Packet Pg. 38 8 PC Resolution No. 2021-XX B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay a ll remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. P L2021-18 shall expire within one (1) year from the date of approval if the use has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. ADA access improvements shall be made where “readily achievable,” such as the curb ramp at the existing ADA parking space. The curb ramp shall be out of the parking space with updated signage at the parking stall. 2. No tenant improvements are part of this application. No work shall occur without obtaining building permits. 3. All medical waste shall be hauled away offsite to an approved facility. No medical waste or hazardous materials shall be put into the sewer system or regular trash. 4. All equipment at the facility shall maintain 48” exit routes and if any ventilation or electrical work is required, building permits shall be obtained prior to installation. END 7.2.a Packet Pg. 47 5.1.b Packet Pg. 39 EXIST'G ASPHALT PARKING LOT & DRIVEWAYS D IAMOND CANYON RDS DIAMOND CANYON RDS OAK VALLEY PL574.62' (LOT) TOTAL PARKING: 167 PROPOSED AREA OF WORK ON 1 FLOOR. SUITE 100 TOTAL SFQT: 19501 G.001.00 SHEET NO.: CADD LOCATION: CHECK BY : DC DRAWN BY : TC PROJECT NO.: DATE : FEB 25, 2021SEAL & SIGNATURE: DRAWING TITLE:PLOT PLAN & NOTES PROJECT LOCATION:3333 S DIAMOND CANYON RD, SUITE 100, DIAMOND BAR, CA 91765 DOB JOB #: NO.REVISION DATE CONSULTANT INFORMATION: OWNER'S INFORMATION: PROPERTY INFORMATION TAX LOT ZONING DISTRICT 1 LCR18000-R 1 OF 2 2LOT 2L#0 5%#L' 2 'Ä1 SCOPE OF WORK 1.INTERIOR RENOVATION ON PARTIAL 1ST FLOOR, 2 STORIES BRICK BUILDING. 2.NO CHANGE IN USE, MEANS OF EGRESS OR OCCUPANCY IN THIS APPLICATION. EXIT SIGNS & LIGHTING NOTES: 1.EXIT SIGNS SHALL BE OF THE INTERNALLY LIGHTED, IN ALL ASSEMBLY SPACES WHERE THE GENERAL ILLUMINATION IS REDUCED TO LESS THAN 5 FOOT CANDLES DURING OCCUPANCY C26-801.17. 2.ALL BATTERY PACKS AND LIGHT ALARMS TO BE 12 VOLTS WITH 25 WATT LAMP. COMPLY WIH MEMO 2/19/81. 3.CORRIDORS AND EXITS SHALL BE PROVIDED WITH ARTIFICIAL LIGHTING FACILITIES. ILLUMINATION OF AT LEAST TWO FOOT CANDLES MEASURED AT THE FLOOR LEVEL SHALL BE MAINTAINEDD CONTINUOUSLY, DURING OCCUPANCY, IN EXITS AND THEIR ACCESS FACILITIES 4.THE ARTIFICIAL LIGHT SOURCE ON EXTERNALLY LIGHTED SIGNS SHALL PROVIDE A RED LIGHT, EITHER BY THE USE OF AN INCANDESCENT COLORED BULB OR OTHER VISIBLE RED LIGHT SOURCE, SO AS TO PROVIDE AT LEAST TWENTY-FIVE FOOT CANDLES ON THE EXPOSED FACE OF THE SIGN. GENERAL NOTES: 1.ALL DIMENSIONS ARE TO THE FINISHED FACE OF WALL UNLESS OTHERWISE NOTED. 2.THE GENERAL CONTRACTOR SHALL HAVE A COMPETENT SUPERINTENDENT ON THE PREMISES AT ALL TIMES WHEN THE WORK IS IN PROGRESS. 3.GENERAL CONTRACTOR TO COORDINATE ALL WORK WITH BUILDING'S FACILITIES DEPARTMENT, TELEPHONE COMPANY, AND VARIOUS VENDORS DURING CONSTRUCTION AND PHASING PROCESS. 4.ALL WORK SHALL BE IN CONFORMANCE WITH THE NYC BUILDING CODES AND ALL APPLICABLE RULES AND REGULATIONS OF AUTHORITIES UNDER EACH JURISDICTION. 5.ALL PLUMBING AND ELECTRICAL WORK TO BE DONE BY TRADESMEN LICENSED IN THE JURISDICTION WHO WILL OBTAIN REQUIRED INSPECTIONS AND SIGN-OFFS. 6.THE GENERAL CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS IN THE FIELD PRIOR TO COMMENCING WORK AND SHALL REPORT ANY DISCREPANCIES BETWEEN DRAWINGS AND FIELD CONDITIONS TO THE ARCHITECT. WORK DONE AFTER THE DISCOVERY OF DISCREPANCIES AND PRIOR TO THE RECEIPT OF WRITTEN APPROVAL FOR CORRECTION BY THE ARCHITECT SHALL BE AT CONTRACTOR'S RISK. NO ADDITIONAL COST WILL BE ADDED TO THE PROJECT DUE TO THE CONTRACTOR'S OVERSIGHT IN VERIFICATION OF EXISTING CONDITIONS. 7.MINOR DETAILS NOT USUALLY SHOWN OR SPECIFIED, BUT NECESSARY FOR PROPER CONSTRUCTION OF ANY PART OF THE WORK SHALL BE INCLUDED AS IF THEY WERE INCLUDED ON THE DRAWINGS. 8.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION OF ALL EXISTING CONDITIONS AND MATERIALS WITHIN THE PROPOSED CONSTRUCTION AREA. THE CONTRACTOR SHALL DESIGN AND INSTALL ADEQUATE BRACING AND SHORING FOR ALL STRUCTURALLY RELATED WORK. THE CONTRACTOR SHALL HAVE SOLE RESPONSIBILITY FOR ANY DAMAGE OR INJURIES CAUSED BY OR DURING THE EXECUTION OF THE WORK. 9.CHASING OR CUTTING EXISTING CORE OR EXTERIOR WALL IS NOT PERMITTED. 10.THE GENERAL CONTRACTOR SHALL LAY-OUT HIS OWN WORK AND SHALL PROVIDE ALL DIMENSIONS REQUIRED FOR ALL TRADES. 11.THE GENERAL CONTRACTOR SHALL DO ALL CUTTING, PATCHING, REPAIRING AS REQUIRED TO PERFORM ALL THE WORK INDICATED ON THE DRAWINGS, AND ALL OTHER WORK THAT MAY BE REQUIRED TO COMPLETE THE JOB. 12.ALL WIRING SHALL BE REMOVED TO A POINT OF CONCEALMENT AND SHALL BE PROPERLY CAPPED OR PLUGGED. 13.THE ENGINEER/ARCHITECT OF RECORD SHALL BE NOTIFIED FOR ANY INSPECTIONS. 14.THE GENERAL CONTRACTOR SHALL MAINTAIN INSURANCE COVERAGE IN ACCORDANCE WITH THE BUILDING OWNER'S REQUIREMENTS. 15.ASBESTOS: SHOULD ANY ASBESTOS OR ASBESTOS CONTAINING MATERIAL (A.C.M.) BE UNCOVERED, IT SHOULD BE REPORTED IMMEDIATELY TO THE OWNER & ARCHITECT. THESE CONTRACT DOCUMENTS DO NOT INCLUDE THE REMOVAL OF ANY ASBESTOS OR A.C.M. 16.NO CUTTING OR CHANNELING INTO EXISTING BUILDING STRUCTURE. 17.BEFORE COMMENCING WORK, CONTRACTOR SHALL FILE ALL NECESSARY CERTIFICATES OF INSURANCE AND FAMILIARIZE HIMSELF WITH THE BUILDING RULES AND REGULATIONS. 18.CONTRACTOR RESPONSIBLE TO LOCATE ALL EXISTING UNDERGROUND UTILITIES AND CLEARLY MARK THEM PRIOR TO EXCAVATION AS REQUIRED BY GOVERNING AGENCIES AND TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THESE UTILITIES FROM DAMAGES OR DESTRUCTION. CONTRACTOR ALSO RESPONSIBLE TO PROTECT ALL ADJOINING PROPERTIES BOTH PUBLIC & PRIVATE AND TAKE ALL SAFETY PRECAUTIONS TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE IMMEDIATE AREA. BUILDING DEPARTMENT NOTES: 1.ALL DOORS TO BE INCOMBUSTIBLE. 2.DUCTS, PIPES AND CONDUITS PASSING THROUGH RATED CONSTRUCTION SHALL COMPLY WITH SECTION 27-343 OF THE BUILDING CODE. 3.ALL WOOD TO BE FIRE-PROOF AS PER SECTION 27-328, RS 5-3 AND 5-5 OF THE BUILDING CODE L.L. 76 4.ALL MATERIALS, ASSEMBLIES, FORMS AND METHODS OF CONSTRUCTION AND SERVICE EQUIPMENT SHALL COMPLY WITH THE REQUIREMENT OF SECTION 27-131 OF THE BUILDING CODE. 5.NO MATERIAL OF ANY MANUFACTURE OR PRODUCER SHALL BE ACCEPTABLE FOR USE INTENDED UNLESS AND UNTIL THE MATERIAL HAS BEEN TESTED FOR COMPLIANCE WITH LOCAL CODE REQUIREMENTS. TENANT PROTECTION PLAN CODE AS PER 28-104.8.4: BUILDING CONTAINING 1 STORE THAT WILL BE OCCUPIED & 1 STORE THAT WILL NOT BE OCCUPIED DURING CONSTRUCTION SHALL INDICATE THAT THE MEANS AND METHODS TO BE EMPLOYED TO SAFEGUARD THE SAFETY AND HEALTH OF THE OCCUPANTS, INCLUDING, WHERE APPLICABLE, DETAILS SUCH AS TEMPORARY FIRE-RATED ASSEMBLIES, OPENING PROTECTIVES, OR DUST CONTAINMENT PROCEDURES. THE ELEMENTS IF THE TENANT PROTECTION PLAN MAY VARY DEPENDING ON THE NATURE AND SCOPE OF THE WORK BUT A MINIMUM SHALL MAKE DETAILED AND SPECIFIC PROVISIONS FOR: 1.EGRESS: AT ALL TIMES IN THE COURSE OF CONSTRUCTION PROVISION SHALL BE MADE FOR ADEQUATE EGRESS AS REQUIRED BY THIS CODE AND THE TENANT PROTECTION PLAN SHALL IDENTIFY THE EGRESS THAT WILL BE PROVIDED. REQUIRED EGRESS SHALL BE MAINTAINED CLEAR AND FREE OF ALL OBSTRUCTIONS, SUCH BUILDING MATERIALS, TOOLS, ETC. EXCEPT WHERE APPROVED BY THE COMMISSIONER. 2.FIRE SAFETY: ALL NECCESSARY LAWS AND CONTROLS, INCLUDING THOSE WITH RESPECT TO OCCUPIED DWELLINGS, AS WELL AS ADDITIONAL SAFETY MEASURES NECESSITATED BY THE CONSTRUCTION SHALL BE STRICTLY OBSERVED. 3.HEALTH REQUIREMENTS: SPECIFICATION OF METHODS TO BE USED FOR CONTROL OF DUST, DISPOSAL OF CONSTRUCTION DEBRIS, PEST CONTROL AND MAINTENANCE OF SANITARY FACILITIES SHALL BE INCLUDED. 4.CONTRACTOR MUST COMPLY WITH APPLICABLE LAWS RELATING TO LEAD AND ASBESTOS. IF OBSERVED IMMEDIATELY CONTACT OWNER OR ARCHITECT. 5.ELECTRIC, GAS, OR OTHER UTILITIES ARE NOT TO BE INTERUPTED. 6.BUILDING SECURITY TO BE MAINTAINED TO PREVENT UNAUTHORIZED PERSONS FROM ENTERING THE BUILDING. 7.FLOOR SHALL NOT BE OVERLOADED BEYOND WHAT PERMITTED. 8.NO STRUCTURAL WORK SHALL BE DONE THAT MAY ENDANGER THE OCCUPANTS. 9.NOISE RESTRICTION: WHERE HOURS OF THE DAY OR THE DAYS OF THE WEEK IN WHICH CONSTRUCTION WORK MAY BE UNDERTAKEN ARE LIMITED PURSUANT TO THE NEW YORK CITY NOISE CONTROL CODE. 10.THE REQUIREMENTS OF THE NY CITY HOUSING MAINTENANCE CODE AND MD SHALL BE STRICTLY OBSERVED. SPECIAL/PROGRESS INSPECTION ITEMS: 1.MECHANICAL SYSTEMS : BC 1704.16 2.FIRE-RESISTANT PENETRATIONS AND JOINTS : BC 1704.27 3.ENERGY CODE COMPLIANCE INSPECTIONS : BC 110.3.5 4.FINAL ENERGY CODE PROGRESS INSPECTION ITEMS: 1.INTERIOR LIGHTING POWER 2.LIGHTING CONTROLS DRYWALL NOTES 1.GYPSUM WALL BOARD SHALL BE U.L. RATED FOR FIRE RESISTANCE AND CONSTRUCTED PER ASTM C-36, TYPE III, CLASS I, STYLE 3, TAPER-EDGED AND OF THE GRADE AND FORM HEREINAFTER SPECIFIED. 2.STUDS SHALL BE 22 GAUGE METAL STUDS, CHANNEL-SHAPED HAVING NOT LESS THAN 1-1/4 INCH WIDE FLANGES. 3.STUD TRACKS SHALL BE 25 GAGE METAL CHANNEL-SHAPED SIZED TO RECEIVE THE METAL STUDS, IN NOT LESS THAN 10 FT LENGTHS 4.INSULATION SHALL BE AN EFFECTIVE NOISE BARRIER, R-11, 3-1/2" THICK AND IT SHALL COMPLY WITH ASTMC655,TYPE 1 AND ASTME199. 5.ATTACH STUD TRACK TO BUILDING CEILING/ROOF BY R.E. APPROVED METHODS. ATTACH STUD TRACK TO FLOOR WITH POWER ACTUATED ANCHORS SPACED 24" CENTER TO CENTER. RUN TRACK CONTINUOUS WALL TO WALL. 6.INSTALL METAL STUDS AS PER PROJECT DRAWINGS AND ATTACH TO TRACK WITH TWO - #8 PHILIPS PANHEAS ATSM SCREWS. 7.INSTALL INSULATION ACCORDING TO MANUFACTURER'S INSTRUCTIONS. INSULATION NEED ONLY BE INSTALLED IN WALL BETWEEN E/G ROOM AND EQUIPMENT ROOM, AND AS SHOWN ON THE DRAWINGS. 8.INSTALL GYPSUM WALL BOARD, AS PER PROJECT DRAWINGS. THE FIRST LAYER SHALL BE ATTACHED WITH 1"-LONG #6 BUGLE HEAD STUDS. THE SECOND LAYER SHALL BE APPLIED WITH VERTICAL JOINTS OFFSET. SPACE ONE STUD FROM FIRST LAYER USING 1-5/8" LONG #6 BUGLE HEAD PHILIPS STEEL SCREWS PACED 9" ON CENTER ALONG VERTICAL JOINTS 12" ON CENTER AT INTERMEDIATE STUDS AND 24" ON CENTER ALONG TOP AND BOTTOM TRACKS. TRIM SHALL BE PLACED, ON EDGES AT CEILING AND METAL CORNER/CASING BEADS AT WALLS (BOTH SIDES). COVE BASE SHALL BE INSTALLED ON BOTH SIDES OF THE WALL AT THE FLOOR. 9.THE SPACE BETWEEN THE ENDS OF THE GYPSUM WALL AND THE METAL WALLS, AND ABOVE THE FLOORS SHALL BE CAULKED 742 68th street, Brooklyn, NY 11220 Danny Chen P.E. D&E BUILD EVERGREEN INC. 0OT' #LL +&'#5 &'5+)05 #44#0)'/'0T5 #0& 2L#05 +0&+%#T'& O4 4'24'5'0T'& $; T*+5 &4#9+0)5 #4' O90'& $; #0& T*' 24O2'4T; O( & ' $7+L& '8'4)4''0 +0%.. 0O0' O( 57%* +&'#5 &'5+)05 #44#0)'/'0T5 O4 2L#05 5*#LL $' 75'& $; O4 &+5%LO5'& TO #0; 2'45O0 (+4/ O4 %O42O4#T+O0 (O4 #0; 2742O5' 9*#T5O'8'4 9+T*O7T T*' 94+TT'0 2'4/+55+O0 O( & ' $7+L& '8'4)4''0 +0%. 94+TT'0 &+/'05+O05 O0 T*'5' &4#9+0)5 5*#LL *#8' 24'%'&'0%' O8'4 5%#L'& &+/'05+O05. %O0T4#%TO45 5*#LL *#8' 8'4+(; #0& $' 4'52O05+$L' (O4 #LL &+/'05+O05 #0& %O0&+T+O05 O0 T*' ,O$ #0& & ' $7+L& '8'4)4''0 +0%. /75T $' 0OT+(+'& O( #0; &+5%4'2#0%; (4O/ T*' &+/'05+O05 #0& %O0&+T+O05 5*O90 $; T*+5 &4#9+0)5. 7.2.b Packet Pg. 48 5.1.b Packet Pg. 40 7.2.bPacket Pg. 495.1.bPacket Pg. 41 EXIST'G RESTROOM EXIST'G RESTROOM 15'-6"10'-6" 12'-10"11'-8"11'-9"6'-4"3'-9"17'-2"19'-9"11'-6"16'-1"10'-8"11'-5"10'-7"11'-2"14'-6"14'-5"21'-10"23'-10"46'-11"14'-7"25'-8" 21'-1"21'-5"12'-7"11'-7"11'-7"11'-7"9'-8"69'-8"25'-3" 117'-11" 11'-6"11'-10"35'-9"27'-6"40'-4"11'-9"9'-7"6'-1"9'-10"11'-0"10'-11"10'-2"10'-0"8'-8"11'-0" 5'-0"7'-2"18'-11"9'-7"15'-9" 9'-7" 11'-5" 20'-9"24'-5"23'-3"12'-1"9'-7"16'-9"9'-4"15'-0" 11'-7"11'-7"11'-7"11'-7"11'-3"10'-1" SUITE 100 TOTAL SFQT: 19501 OFFICE SQFT: 10290 LAB: 3948 G.001.00 SHEET NO.: CADD LOCATION: CHECK BY : DC DRAWN BY : TC PROJECT NO.: DATE : FEB 25, 2021SEAL & SIGNATURE: DRAWING TITLE: PROJECT LOCATION: DOB JOB #: NO.REVISION DATE CONSULTANT INFORMATION: OWNER'S INFORMATION: NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWINGS ARE OWNED BY AND THE PROPERTY OF D&E BUILD EVERGREEN INC.. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF D&E BUILD EVERGREEN INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL HAVE VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND D&E BUILD EVERGREEN INC. MUST BE NOTIFIED OF ANY DISCREPANCY FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THIS DRAWINGS. PARTIAL 1ST FL. PLAN - SUITE 100 PROPERTY INFORMATION TAX LOT ZONING DISTRICT 1 LCR18000-R 742 68th street, Brooklyn, NY 11220 Danny Chen P.E. D&E BUILD EVERGREEN INC. 3333 S DIAMOND CANYON RD, SUITE 100, DIAMOND BAR, CA 91765 1 PARTIAL 1ST FLOOR PLAN - SUITE 100 SCALE: 1/16" = 1'-0" 7.2.b Packet Pg. 50 5.1.b Packet Pg. 42 LABSTORAGEBREAKROOM CLIENT SERVICES ADMIN BILLING ADMIN OFFICEOFFICEACCOUNTING OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE CONF ROOM RECEPTION/LOBBY CUBICLES OFFICE RESTROOMS ELEC RM LAB SMALL CONF AREA BUTLERS PANTRY ELEC RMIT RM CREATIVE WORKSPACE LOGISTICS 7.2.b Packet Pg. 51 5.1.b Packet Pg. 43 Biological Laboratory, Inc. 1977 N Garey Ave. Pomona, California 91767 T 909.718.4592 F 909.469.6718 www.biolaboratory.net 3/9/2021 City of Diamond Bar RE: INNOVA BIOLAB Business Description To whom it may concern, Thank you for taking the time to review our business and we hope to be a good fit for the City of Diamond Bar. INNOVA BIOLAB was founded in 1998 and has been servicing the healthcare community throughout the past 2 decades. IBL is a CLIA certified, AAB proficiency recognized and HIPPA compliant facility. Our clinical laboratory consists of primarily general office use and analytical instrumentation for analysis. There are no toxic chemicals that will present any type of harm to the environment, any waste is picked up by professional waste management companies. Our departments include laboratory analysis, client services & administration, billing & collections department, logistics dispatch, human resources and accounting services. There are no products sold or manufactured, we only provide a service to healthcare professionals and organizations. We have a team of in-house couriers that drive throughout the state and pick up from our clients. Once the specimens are picked up from our clients they return back to the lab for processing and results are then produced for the clients and sent out electronically. After this process the administration team will begin to bill for the services rendered through patients commercial and state insurance plans. The business hours are 8AM to 6PM Monday through Friday, Saturday 8AM to 2PM and closed Sundays. We have a total of 150 employees (not all based at this location, only about a third will be at this location) and believe this transition will be beneficial for both our operations and for the local economy . Please let me know if there are further questions. Sincerely, Biological Laboratory, Inc 7.2.c Packet Pg. 52 5.1.b Packet Pg. 44 MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 JUNE 22, 2021 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Commissioner Mok led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Kenneth Mok, Raymond Wolfe, Vice Chairman Mahendra Garg, Chairman William Rawlings. Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko (May) Nakajima, Associate Planner; Joy Tsai, Assistant Planner; Kristina Santana, City Clerk; Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Planning Commission Meeting of June 8, 2021. C/Mok moved, VC/Garg seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit Planning Case No. PL2021-19 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested Conditional Use Permit approval to operate a fitness studio in a 3,966 square foot 5.1.c Packet Pg. 45 ________________________________________________________________________ JUNE 22, 2021 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ lease space located at Golden Springs Plaza. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 20657 Golden Springs Drive, Suite 111A Diamond Bar, CA 91789 APPLICANT: Steve Lee 3935 Landmark Lane Brea, CA 92823 PROPERTY OWNER: Golden Springs Asset LLC 20657 Golden Springs Drive, Suite 201 Diamond Bar, CA 91789 AP/Tsai presented staff’s report and recommended Planning Commission approval of Conditional Use Permit Planning Case No. PL2021 -19, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Garg asked if there was only one entrance to the building and AP/Tsai explained that there is one entrance to the unit and a rear exit point in case of emergency that also provides access to the shared restroom facilities. VC/Garg asked how many sessions would be conducted during the day and AP/Tsai directed VC/Garg to the applicant for a response. VC/Garg questioned whether the number of allocated parking spaces was sufficient. CDD/Gubman explained there are 243 non-exclusive parking spaces available on an aggregate basis that can be used by any patron of the property. C/Mok asked how many units are vacant in the center, and AP/Tsai said she did not have that information but was told by the landlord that they are having trouble leasing out bigger spaces and that other tenants have left due to the pandemic. Chair/Rawlings opened public comments. Steve Lee, applicant, stated that 24 parking slots should not be a problem because one trainer works with a single patron for about an hour who leaves when another arrives. C/Mok asked if Mr. Lee outgrew the Walnut facility and plans to relocate to a larger facility in Diamond Bar. Mr. Lee explained that his business was in Diamond Bar six years ago and when the rent increased, he moved to a smaller facility in Walnut. Now the trainers want a larger facility which caused him to return to Diamond Bar. 5.1.c Packet Pg. 46 ________________________________________________________________________ JUNE 22, 2021 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ C/Barlas asked how many trainers and employees would be at the location at any given time and Mr. Lee responded five to six. Chair/Rawlings closed public comments. C/Wolfe said he appreciates businesses wishing to relocate in the City but is concerned about the noise level affecting adjacent businesses and stated that according to his research, 88 decibels for 45 minutes is a maximum amount of noise level. He suggested this item be sent back to staff to determine an acceptable interior noise level to make sure there is no spillover noise that would adversely impact adjoining businesses. Following discussion, C/Wolfe moved, C/Mok seconded, to reopen the public hearing and continue the public hearing to July 13th to allow staff to establish an acceptable noise level threshold for these types of establishments so as not to disrupt adjoining businesses. Motion carried by the following roll call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: VC/Garg ABSENT: COMMISSIONERS: None 7.2 Conditional Use Permit Planning Case No. PL2021-18 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested Conditional Use Permit approval to operate a medical laboratory use for Innova Biolab, a clinical laboratory, in a 19,501 square foot space at an existing 36,748 square foot office building on a 3.37 acre (143,748 square foot) site. The subject property is zoned Professional Office (OP) with an underlying General Plan land use designation of Office. PROJECT ADDRESS: 3333 Diamond Canyon Road, Suite 100 Diamond Bar, CA 91789 APPLICANT: Teresa Cheung 1142 S. Diamond Bar Boulevard #423 Diamond Bar, CA 91765 PROPERTY OWNER: Jordan Wang for Innova Biolab 1977 N. Garey Avenue Pomona, CA 91767 AP/Nakajima presented staff’s report and recommended Planning Commission approval of Conditional Use Permit Planning Case No. PL2021-18, based on the 5.1.c Packet Pg. 47 ________________________________________________________________________ JUNE 22, 2021 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ Findings of Fact, and subject to the conditions of approval as listed within the resolution. It was added that should the Commission approve this conditional use permit, staff recommends the addition of the following condition of approval: “The applicant shall at all times comply with the requirements of the agencies responsible for licensing and regulating clinical laboratories, includ ing the Food and Drug Administration, Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention.” With this added condition, staff believes it should cover the types of testing and hazardous waste handling. If they violate any rules as defined by the FDC, CMS or CDC, the Planning Commission has the authority to revoke the CUP. AP/Nakajima stated that additionally, staff is recommending an amendment to Condition #1 which mentions the company name (Innova Biolab), which s hould be removed since the CUP runs with the land use, and not a specific business entity, and further recommends the addition of language to specify the limits to the scope of the proposed use: “This approval is for the operation of a 4,000 square -foot, Biosafety Level 2 (BSL-2) medical laboratory use within a 19,501 square-foot space at an existing office building as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2021-18 dated June 22, 2021, and the Planning Commission minutes pertaining thereto, hereafter referred to as the “Use.” Chair/Rawlings referred to a CDC document that indicated “those types of facilities would be limited to bacteria virus that cause mild disease to humans or are difficult to contract near aerosol in a lab setting” and asked if that was correct. AP/Nakajima responded that the information she received from the CDC website that stated “it covers labels that work with agents associated with human diseases, pathogenic or infections, organisms that pose a moderate health hazard. Examples include viruses such as the HIV virus”. She further stated that any changes to the proposed use or the floorplan would require another public hearing before the Planning Commission to amend the CUP. Chair/Rawlings asked for response to whether a BSL 2 requires that any procedures that may lead to squashing or potential aerosol of material would be limited to an area that has a biological safety cabinet and that the BSL Level 2 requires that (the biolab) decontaminate work surfaces at least daily and that the waste materials are decontaminated prior to disposal. AP/Nakajima said it was her understanding during discussions with the applicant that waste would be decontaminated prior to disposal. 5.1.c Packet Pg. 48 ________________________________________________________________________ JUNE 22, 2021 PAGE 5 PLANNING COMMISSION ________________________________________________________________________ C/Mok said that from his reading the testimonies from emails and documents, the major concern was that the testing was going to be done on SARS or COVID-19. If the biolab is operating at BSL Level 2, is there a law or medical condition tha t says it cannot test COVID-19, SARS or any other high-risk specimen of that caliber and AP/Nakajima responded that according to the CDC website, routine diagnostic testing of COVID-19 is available for BSL Level 2 laboratories. An option would be for the Commission to include a condition limiting or prohibiting COVID-19 at the site, if it wished to do so. C/Mok asked what would prevent this or any lab from testing COVID-19 on the sly and if protocol were broken, who would enforce it and would there be regular inspections or a watchdog organization ensuring those kinds of tests were not being performed. AP/Nakajima responded that it would be enforced by the FDA, CMS and CDC. She was not certain about the frequency of inspections, but her understanding is that there are several inspections the biolab would need to pass. C/Mok referred to Attachment D (Suite 100) of the floorplan and said he noticed that the two labs are in the open when almost all of the other work areas are behind closed doors which to him is both promising and problematic – promising because the operators of the lab must feel that what they are testing is safe enough to be do ne in the open and problematic, because something could happen in the open and not behind closed doors that could be catastrophic. C/Barlas said that if BSL Level 2 wants to do COVID testing, they have to be at BSL Level 2 enhanced or 2.5 which requires certification from the Institute of the Viral Safety Committee. She asked to have the applicant comment on this statement. Chair/Rawlings opened the public hearing. Jordan Wang stated that Biolab was acquired by Innova in December 2020 and prior to that, the lab was located on Valley Vista in Diamond Bar for about six years after which the lab moved to Pomona where a drive -through was located. He understands the concerns about Level 2, but during the COVID pandemic, the lab tested about two million patients and not one lab tech or testing staff contracted COVID. On the outside of the lab, there is indication day to day that COVID at the lab is present through a swab with no particles flying through the air or contaminating the environment. The positive about having the Innova lab in Diamond Bar is that the staff is routinely (weekly) tested and will continue to wear masks until at least 2022. Mr. Wang responded to Chair/Rawlings that all of the bio safety cabinets are certified CEPA regulated. 5.1.c Packet Pg. 49 ________________________________________________________________________ JUNE 22, 2021 PAGE 6 PLANNING COMMISSION ________________________________________________________________________ Mr. Wang responded to C/Barlas’s question that Innova is a Bio Level Safety 2, a high complexity laboratory. COVID testing is a swab in a tube which is handled and processed accordingly. Mr. Wang confirmed to Chair/Rawlings that at the end of every shift, countertops are bleached down and surfaces are mopped on a daily basis. BLS 2 is limited to non-aerosol virus bacteria and while the public fears are reasonable, this is a clinical lab and not an FDA research lab which would require a Bio Safety Level 4 with much more sophisticated equipment and facility enhancements. C/Wolfe asked what steps have to be undertaken to increase the lab facilities in addition to the physical improvements. Mr. Wang responded that the lab is not equipped nor at the level to do FDA virus testings which are regulated by the CDC, FDA, etc. C/Mok asked Mr. Wang if the Commission approved this project under the condition that Innova would not try to move the lab from a Level 2 to a Level 3, and not include the testing of high-risk pathogens, specimens (SARS and COVID-19) if the applicant would agree to that condition. Mr. Wang said that if the lab followed the guidelines of the state and government, they would technically be okay to do such testing, but if they were required to agree to such a condition in order to move back to Diamond Bar, they would do so. C/Barlas asked the applicant how many certified lab scientists would be working at the same time in the lab and Mr. Wang responded six to seven. C/Barlas asked how many were certified biologists and Mr. Wang responded two and the rest are general or microbiologists. In addition, the lab has a bio-analyst on staff and employs two consultants. Mr. Wang confirmed that the lab is at BSL Level 2 and will verify whether the lab is at an enhanced level. He offered the Commissioners copies of the lab’s state license which he had in hand. The following speakers submitted written comments and/or spoke in opposition to Conditional Use Permit No. PL2021-18. Speaker indicated with an asterisk spoke telephonically. Wendy Tian Jay Parsons, on behalf of the Diamond Canyon Homeowner’s Association Michael Tian Brian Tsai Changming Qiu Michelle Chen Michelle Wu David Chang Yinting Qiu 5.1.c Packet Pg. 50 ________________________________________________________________________ JUNE 22, 2021 PAGE 7 PLANNING COMMISSION ________________________________________________________________________ Jasmine Hsu David Wang Michelle (Huai-Chien) Lo Lee Pai An Ching *Jason Tien (not opposed to lab, but opposed to it being located as proposed) *Zienghei Chai No one spoke in favor of Conditional Use Permit No. PL2021-18. Mr. Wang responded to speakers and Commissioner’s questions and concerns and there being no other individuals wishing to speak, Chair/Rawlings closed the public hearing. C/Wolfe thanked the community for their participation. After extensive review of the staff report and documents, it is his belief that this is not an appropriate or compatible use for this particular location. The community is locked in and the only access point is coming through in front of the building . The homes are immediately adjacent to the facility and, he does not see that there is a lot of control over the future proposed use of the facility. C/Mok stated that the timing of this CUP is not good. This community and the planet is hurting because of COVID and despite all of the improved conditions regarding COVID and the lifted restrictions, there remains an open wound from which people have not yet healed. Certain negative items stand out to him such as, the most recent June 10th FDA warning to the parent company. Unfortunately, the parent company messed up and others are paying for that error. Secondly, there is incompatibility with the neighborhood, as indicated by C/Wolfe. Third, he feels there is a potential that the BSL Level 2 could possibly be upgraded to a BSL Level 3 in the future. C/Barlas said she appreciated the community’s input and the Commissioners vigilance. She is not that concerned about the bio-hazard risks because as a biologist, she knows that California is one of the more fo rward states in the country that has higher standards for the bio-labs and for the collection points. While there is no precaution taken at that collection center, it has been properly overseen by the oversight agencies and she is comfortable movin g forward with the approval and, in fact, there is already a lab which is much closer to other businesses and residential homes in Diamond Bar. VC/Garg thanked the community for their participation and said he agreed with Commissioners Mok and Wolfe about a possible upgrade of the lab to level 3 and the concern about the business being located adjacent to residential dwellings. 5.1.c Packet Pg. 51 ________________________________________________________________________ JUNE 22, 2021 PAGE 8 PLANNING COMMISSION ________________________________________________________________________ Chair/Rawlings said that like C/Barlas he would be less concerned with the risk of contagions if the City was able to place additional conditions on the operation and the facility that would limit it to a Level 2 without COVID testing , but was somewhat concerned about the single entry/exit neighborhood adjacent to the business. C/Wolfe moved, C/Mok seconded, to direct staff to prepare a resolution of denial for Conditional Use Permit Planning Case No. PL2021 -18 to be brought back to the Commission for consideration at the July 13th, 2021, meeting with finding that Findings #3 and #5, that the operating characteristics and proposed uses are not compatible with public safety and existing and future land uses in the community. Motion carried 3-2 by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Wolfe, VC/Garg NOES: COMMISSIONERS: Barlas, Chair/Rawlings ABSENT: COMMISSIONERS: None Chair/Rawlings said he was grateful for the public’s participation and contributions to the City. 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: C/Mok expressed his gratitude to the community for their participation and was grateful for the research and information provided by staff and commun ity members. He thanked Jordan Wang for his participation and wished him good luck finding another facility. C/Barlas thanked the community for their participation and staff for a great job on the proposal and documentation. VC/Garg thanked community members for their participation and said he would not be available for the July 13th meeting. Chair/Rawlings said he hoped Jordan Wang would look to continue doing business in Diamond Bar and find a good spot for his business in the City. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman asked the City Attorney to provide clarification on the next steps with the action the Commission is taking on the Conditional Use Permit denial. 5.1.c Packet Pg. 52 ________________________________________________________________________ JUNE 22, 2021 PAGE 9 PLANNING COMMISSION ________________________________________________________________________ ACA/Eggart explained that the reason this item has to come back to the Commission for another meeting is that the Commission’s procedures and the law require any decision of the Commission to be in writing and state the Findings and the Facts supporting the decision. Tonight, the Planning Commission did not have a Resolution citing facts supporting their decision to deny the CUP because staff’s recommendation was for approval of the CUP and the written document denying the CUP has to come back for approval at the next meeting to comply with the law. At that time, there will n ot be a public hearing and no public comments will be received from the applicant and/or the public. Until that time, the Commission’s action is not final and once it is final, if approved, the applicant will have an opportunity to appeal the final decisi on to the City Council after Commission action on July 13th, should the applicant choose to do so. CDD/Gubman wished everyone a happy and festive 4th of July. The agenda for the next meeting on July 13th includes a Conditional Use Permit for a veterinary office at the former Whole Enchilada location in the Walmart/Crunch Fitness Center, a small cell wireless Ordinance that provides an update on regulations for small cellular facilities, a Public Hearing for a two-lot subdivision for the United Church of Christ Campus for the contiguous vacant portion that will, if approved, be able to accommodate residential units, further consideration of the Fitness 100 Conditional Use Permit with noise levels reflected in the Conditions of Approval and, the Resolution of Denial for Conditional Use Permit Planning Case No. PL2021-18. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Rawlings adjourned the regular meeting at 9:08 p.m. The foregoing minutes are hereby approved this July 13, 2021. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ______________________________ William Rawlings, Chairperson 5.1.c Packet Pg. 53 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: July 13, 2021 CASE/FILE NUMBER: Conditional Use Permit Planning Case No. PL2021-19 PROJECT LOCATION: 20657 Golden Springs Drive, Suite 111A Diamond Bar, CA 91789 (APN 8763-007-022) GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Regional Commercial (C-3) PROPERTY OWNER: Golden Springs Asset LLC 20657 Golden Springs Drive, Suite 201 Diamond Bar, CA 91789 APPLICANT: Steve Lee 3935 Landmark Lane Brea, CA 92823 RECOMMENDATION: Keep the public hearing open and continue the matter to the July 27, 2021 , Planning Commission meeting. BACKGROUND: On June 22, 2021, the Project was presented to the Planning Commission for a Conditional Use Permit request to operate a boutique fitness studio (Fitness 100) in a 3,966 square-foot tenant space within Golden Springs Plaza, a multi -tenant two-story commercial building on a 2.30-acre (100,271 square-foot) lot. Commissioner Wolfe raised a concern about the potential noise levels emanating from the fitness studio and affecting adjacent businesses, and suggested that staff research CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 54 Conditional Use Permit Planning Case No. PL2021-19 Page 2 of 2 acceptable interior noise levels to ensure that there is no spillover noise that would adversely impact adjoining businesses. The Planning Commission conducted a duly noticed public hearing, solicited testimony from all interested individuals, and continued the hearing to July 13, 2021, to allow staff to research an acceptable noise level threshold for fitness facilities so as not to disrupt adjoining businesses and formulate a condition of approval to limit the noise levels emanating from the fitness studio. Staff requires additional time to research the question, therefore, recommends that the Planning Commission continue the matter to July 27, 2021. PREPARED BY: REVIEWED BY: 7.1 Packet Pg. 55 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 8.1 MEETING DATE: July 13, 2021 CASE/FILE NUMBER: Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 PROJECT LOCATION: 2335 S. Diamond Bar Boulevard Diamond Bar, CA 91765 (APN 8292-009-004) GENERAL PLAN DESIGNATION: Medium Density Residential (RM) ZONING DISTRICT: Medium Density Residential (RM) PROPERTY OWNER: Southern California Nevada Conference of the United Church of Christ 2335 S. Diamond Bar Boulevard Diamond Bar, CA 91765 APPLICANT: Samir M. Khoury Coory Engineering 1718 N. Neville St. Orange, CA 92865 SUMMARY: The property owner, Southern California Nevada Conference of the United Church of Christ, and applicant, Samir M. Khoury of Coory Engineering, are requesting approval of Tentative Parcel Map No. 83371 to create a two-lot subdivision. The subject property consists of approximately 3.52 acres at the southwest corner of Diamond Bar Boulevard and Morning Canyon Road. Proposed Parcel 1 will be 76,728 square feet (1.76 acres) and proposed Parcel 2 will be 76,729 square feet (1.76 acres). No new construction is being proposed with this request. The Diamond Bar United Church of Christ and a community garden are currently located on the subject property. The proposed subdivision will result in the existing CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 8.1 Packet Pg. 56 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 2 of 12 church occupying one of the proposed parcels and the creation of a new vacant lot to accommodate the future construction of residential development. The property is zoned Medium Density Residential (RM), and the underlying General Plan land use designation is also named Medium Density Residential. RECOMMENDATION: Staff finds that the proposed Tentative Parcel Map complies with the City’s Subdivision Ordinance and that the subdivision findings required pursuant to Diamond Bar Municipal Code (DBMC) Section 21.20.080 can be made. Therefore, staff recommends that the Planning Commission adopt the attached resolution recommending that the City Council approve Tentative Parcel Map No. 83371 (Planning Case No. PL2021-15), based on the Findings of Fact, and subject to the conditions of approval listed within the draft resolution. BACKGROUND: The 3.52-acre project site is situated at the southwest corner of Diamond Bar Boulevard and Morning Canyon Road and is surrounded by multifamily residential developments. The project site is under the ownership of the Diamond Bar United Church of Christ. The church campus was built in 1965 and is situated at the south easterly portion of the subject property with access from Diamond Bar Boulevard and Morning Canyon Road. There are 55 on-site surface parking spaces, which will not be affected by the subdivision. A community garden, created six to seven years ago, is situated towards the northwestern portion of the project site. There are three existing oak trees adjacent to the church campus, but none are being proposed for removal. The site is legally described as Lot 1 of Tract No. 35554, and the Assessor’s Parcel Number (APN) is 8292-009-004. Site and Surrounding General Plan, Zoning and Land Uses The project site is bound by Diamond Bar Boulevard to the southeast and Morning Canyon Road to the north. The site is surrounded by townhome-style condominium developments. 8.1 Packet Pg. 57 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 3 of 12 Aerial View 8.1 Packet Pg. 58 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 4 of 12 Aerial View of Project Site (Facing Northwest) The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning Land Uses Site Medium Density Residential (RM) Medium Density Residential (RM) Church and Community Garden North Medium Density Residential (RM) Medium High Density Residential (RMH) Multifamily Residences South Medium Density Residential (RM) Medium High Density Residential (RMH) Multifamily Residences East Medium Density Residential (RM) Medium High Density Residential (RMH) Multifamily Residences West Medium Density Residential (RM) Medium Density Residential (RM) Multifamily Residences 8.1 Packet Pg. 59 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 5 of 12 Project Description The proposed project will subdivide an existing 153,457 square -foot (3.52 acres) lot into two separate parcels. Parcel 1 will be 76,728 square feet (1.76 acres) and parcel 2 will be 76,729 square feet (1.76 acres). No modifications to the existing church buildings and no new construction are being proposed in conjunction with the proposed subdivision. The subject property is currently partially developed with a church and a community garden. The church is located on proposed Parcel 2 and the community garden is currently located on proposed Parcel 1. The proposed subdivision will result in the creation of one vacant lot to facilitate future residential development. If the tentative parcel map is approved and the final map is recorded, the property owner stated that they would discontinue the use of and remove the community garden, as the community garden is considered an ancillary use to the church. The irrigation to the community garden is currently serviced from the church property’s water main line. The current property owner is responsible for maintaining the project site, and will be responsible for the maintenance of both parcels until Parcel 1 is sold. A development review application for residential development on proposed Parcel 1 will be submitted for processing in the future. Northwest View of Project Site from Diamond Bar Blvd. 8.1 Packet Pg. 60 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 6 of 12 Northwest View of Project Site from Intersection of Diamond Bar Blvd. and Morning Canyon Rd. Southwest View of Project Site from Morning Canyon Rd. Facing West towards Community Garden from Morning Canyon Rd. 8.1 Packet Pg. 61 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 7 of 12 The gross lot size of each parcel is provided in the table below: Existing Lot 1 Proposed Parcel 1 Proposed Parcel 2 Lot Size 153,457 SF (3.52 AC) 76,728 SF (1.76 AC) 76,729 SF (1.76 AC) Proposed Tentative Parcel Map ANALYSIS: Review Authority (DBMC Section 22.01) Section 21.02.040 of the City’s Municipal Code requires all subdivision applications to be reviewed and approved by the City Council. Therefore, the Planning Commission will be forwarding a recommendation to the City Council for this request. Tentative Map: A tentative map is a map approving the division of land for the purpose of sale, lease, or financing, and is governed by the Subdivision Map Act. A tentative map prescribes how the land is to be subdivided. The City of Diamond Bar’s Subdivision Ordinance establishes the minimum standards for the design of the lots, and the public improvements which serve them. A subdivision of four or fewer parcels 8.1 Packet Pg. 62 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 8 of 12 requires a parcel map, and a subdivision of five or more parcels requires a tract map. When a Planning Commission or City Council considers a tentative parcel or tract map, it must be reviewed in light of the required findings mandated by state law for approval or denial of the map. Once the tentative map is approved, the refined final map is approved by the City Council if deemed by the City Engineer to be in substantial conformance with the tentative map. The final map is then recorded with the Los Angeles County Recorder’s Office, after which the newly-created parcels may be individually sold and developed pursuant to the underlying zoning regulations. Development Standards: The proposed subdivision is in compliance with the City’s Development Code standards pertaining to lot size and dimensions. The tables below compare the proposed subdivision with the City’s Subdivision and Development Code standards: The subdivision design enables proposed Parcel 2 to meet setback and lot coverage requirements for the church as shown in the table below. Development Feature Development Standards Existing Proposed Meets Requirements Parcel Width Minimum 50’ 219.58’ Parcel 1: 194.38’ Parcel 2: 219.58’ Yes Parcel Depth Minimum 80’ Average 488.58’ Parcel 1: Average 323.41’ Parcel 2: Average 255.42’ Yes Lot Area Minimum 5,000 SF 153,457 SF Parcel 1: 76,728 SF Parcel 2: 76,729 SF Yes Development Feature Development Standards Existing Proposed Meets Requirements Front Setback 20’ 109’ 109’ (no change) Yes Side Setback 5’ 13’ 13’ (no change) Yes 8.1 Packet Pg. 63 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 9 of 12 Detailed site planning, building footprints, floor plan, exterior design, landscaping, and grading will be submitted for review during the Development Review application process for the future development of proposed Parcel 1. The development of proposed Parcel 1 will be subject to the development standards of the underlying zoning district in effect at the time of Development Review application submittal. As part of the subdivision review, staff sent notices to all public utility companies and service agencies regarding the proposed subdivision request. All agencies will be expected to provide service to proposed Parcel 1 and continue to provide service to proposed Parcel 2, including providers of gas, electrical, water, sewer, and cable television services. As set forth in the above analysis, the proposed subdivision is in conformance with the City’s General Plan and zoning, and all applicable requirements of the Subdivision Map Act. The project complies with the City’s development standards. No variances or exceptions are requested, and all public utilities and services will continue to service the project. Access and Circulation The project site is located at the corner of Morning Canyon Road and Diamond Bar Boulevard and is surrounded by multifamily residential developments. The site is currently accessed from Diamond Bar Boulevard and Morning Canyon Road. The main access is from Diamond Bar Boulevard, which leads to the church’s surface parking lot and the front entrance to the church. The proposed subdivision will not interfere with the church’s existing access from Diamond Bar Boulevard and will not reduce the number of on-site parking spaces. In addition, proposed Parcel 1 will gain access from Morning Canyon Road. Vehicle and pedestrian circulation patterns will be reviewed during the Development Review application process for the development of Parcel 1. Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use. The project site is located within a neighborhood consisting of a variety of multifamily residential developments. There will be no changes to the existing church campus; therefore, the project will maintain compatibility Street Side Setback 5’ 91’ 91’ (no change) Yes Rear Setback 25’ 273’ 46’ Yes Maximum Lot Coverage 30% 9% 16.7% Yes 8.1 Packet Pg. 64 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 10 of 12 with the surrounding uses. The existing church facility was constructed under the Los Angeles County’s jurisdiction and pre-dates the City’s incorporation. The proposed subdivision will result in a creation of a vacant lot for fu ture residential development, and therefore, the project is consistent with the current General Plan land use designation of Medium Density Residential and compatible with the neighborhood. Parkland Dedication State law (“Quimby Act”) and Diamond Bar’s Subdivision Ordinance require the dedication of land or payment of fees for park or recreational purposes as a condition of approval for a tentative map. The land or fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision, and the amount and location of land to be dedicated , or amount of fees paid, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The amount of acreage required to be dedicated, or in -lieu fee paid, by the applicant is based upon the number of dwelling units ultimately developed within the proposed subdivision. Section 21.32.040 of the Subdivision Ordinance establishes the following formula for the parkland dedication requirement : X = .005(UP) Where: X = Amount of parkland required, in acres. U = Total number of approved dwelling units in the subdivision P = 3.4 for single-family dwellings; 2.9 for multifamily dwellings containing four or fewer dwelling units; or 2.1 for multifamily dwellings containing five or more units Because a development plan is not proposed in conjunction with the Tentative Parcel Map application, the precise parkland dedication requirement will b e assessed at such time that residential units are proposed and approved on proposed Parcel 1. Subsection (a)(8) of the Quimby Act (Government Code Section 66477) authorizes the City to place a condition of approval on the tentative parcel map requiring the payment of an in-lieu fee prior to the issuance of a building permit for the construction of residential structure(s) within four years of approval of the parcel map. Proposed Parcel 1 (1.76 acres) is currently listed for sale at $3,998,000 (contingent upon the approval and recordation of the parcel map). This equates to $2,271,591 per acre. Staff recommends that the price listed for the proposed parcel to be established as the “fair market value.” The in-lieu fee would thus equal the parkland obligation derived from the formula above, multiplied by the per-acre fair market value of $2,271,591, or other per-acre “fair market value” determined by mutual agreement of the City and the applicant prior to approval of the final parcel map. 8.1 Packet Pg. 65 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 11 of 12 The in-lieu fee shall be paid prior to the issuance of a building permit for the construction of any residential structure(s) on the parcel applied for within four years of approval of the parcel map. (Condition of Approval #4 under Tentative Parcel Map Conditions). The fees collected shall be committed within five years after payment of the fees or the issuance of building permits on one -half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they are distributed and paid to each record owner of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Additional Review The Public Works Department reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On June 30, 2021, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site. On July 2, 2021, the notice was published in the San Gabriel Valley Tribune newspaper; the project site was posted with a notice display board; and a copy of the public notice was posted at the City’s designated community posting sites. Public Comments Received No comments have been received as of the publication date of this report. ENVIRONMENTAL ASSESSMENT: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). The Section 15315 (Minor Land Divisions) of the CEQA Guidelines exemption applies to projects consisting of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The proposed Tentative Parcel Map qualifies for this exemption because the project site meets all the listed requirements under this exemption. In addition, the average slope of the project site was determined to be 12 percent, which is under the 20 percent threshold (see the exhibits accompanying the Tentative Parcel Map in Attachment 2). 8.1 Packet Pg. 66 Tentative Parcel Map No. 83371, Planning Case No. PL2021-15 Page 12 of 12 Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15315 (Minor Land Divisions) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX and Standard Conditions of Approval B. Tentative Parcel Map No. 83371 and Average Slope Analysis 8.1 Packet Pg. 67 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP NO. 83371 (PLANNING CASE NO. PL2021-15) FOR THE SUBDIVISION OF AN EXISTING 3.52-ACRE LOT INTO TWO LOTS LOCATED AT 2335 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CA (APN 8292-009-004). A. RECITALS 1. The property owner, Southern California Nevada Conference of the United Church of Christ, and applicant, Samir M. Khoury of Coory Engineering, have filed an application for Tentative Parcel Map No. 83371, to create a two-lot subdivision. The subject property consists of approximately 3.52 acres at the southwest corner of Diamond Bar Boulevard and Morning Canyon Road, with approximately half of the site developed as a church. Proposed Parcel 1 is 76,728 square feet (1.76 acres) and proposed Parcel 2 is 76,729 square feet (1.76 acres). No new construction is proposed with this request. The subject property is more specifically described as 2335 South Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Tentative Parcel Map shall be collectively referred to as the “Proposed Subdivision.” 2. The subject property is located in the Medium Density Residential (RM) zone with a General Plan land use designation of Medium Density Residential. 3. The legal description of the subject property is Lot 1 of Tract No. 35554. The Assessor’s Parcel Number is 8292-009-004. 4. On July 2, 2021, notification of the public hearing for th e Proposed Subdivision was published in the San Gabriel Valley Tribune newspaper. On June 30, 2021 public hearing notices were mailed to property owners within a 1,000-foot radius of the subject property and posted at the City’s designated community posting sites. 5. On July 13, 2021, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 8.1.a Packet Pg. 68 2 PC Resolution No. 2021-XX 6. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby determines the Proposed Subdivision to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15315 (Minor Land Divisions) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 21.20, this Planning Commission hereby recommends that the City Council makes the following findings: 1. 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 Subdivision set forth in the application, there is no evidence before this Planning Commission that the Proposed Subdivision 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 Plannin g Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City’s Subdivision Ordinance, the Planning Commission recommends that the City Council make the following findings: a. The Proposed Subdivision, together with the provisions for its design and improvement, is consistent with the general plan and a ny applicable specific plan. The Proposed Subdivision involves the subdivision of an existing 153,457 gross square-foot (3.52 acres) lot into two lots. Proposed Parcel 1 will be 76,728 square feet (1.76 acres) and proposed Parcel 2 will be 76,729 square feet (1.76 acres). The Proposed Subdivision 8.1.a Packet Pg. 69 3 PC Resolution No. 2021-XX will not involve any new construction and there will be no physical changes to the existing buildings and property. T he property is zoned Medium Density Residential (RM) with the underlying General Plan land use designation of Medium Density Re sidential. Parcel 2 of the subject site is already developed and the Proposed Subdivision is in compliance with the City’s General Plan, Design Guidelines, and development standards. The future development of Parcel 1 will be processed through a Development Review application for compliance with the City’s General Plan, City Design Guidelines, and development standards. The Proposed Subdivision is consistent with the Diamond Bar 2013- 2021 Housing Element Goal 3: (“Provide adequate sites through appropriate land use and zoning designations to accommodate future housing growth.”) in that the Proposed Subdivision will result in the creation of a potential site for future housing development that will be compatible with the surrounding development. The subject property is not subject to the provisions of any specific plan. b. The site is physically suitable for the type and proposed density of development; The Proposed Subdivision will not interfere with the use and enjoyment of neighboring existing or future developments. The subject property site is already improved with existing buildings and utility facilities to service the church campus. No new construction will take place, no physical changes to the existing building s are proposed, and no new land uses are being proposed with this Proposed Subdivision. The maximum allowed density for the Medium Density Residential general plan land use designation and zoning district is twelve dwelling units per gross acre (12 DU/Acre). Future development of Parcel 1 will be reviewed through the Development Review process and analyzed against the development standards. c. The design of the Proposed Subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat. The design of the Proposed Subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat because the subject property is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. In addition, no new 8.1.a Packet Pg. 70 4 PC Resolution No. 2021-XX construction is being proposed with this Tentative Parc el Map application. The act of creating parcels on the subject property for the purpose of lease, sale or financing will have no material effect on fish, wildlife or their habitats. d. The design of the Proposed Subdivision or type of improvements will not cause serious public health or safety problems. The Proposed Subdivision or type of improvements are not likely to cause serious public health or safety problems because the existing site is located in an urbanized area. There is no new construction or building modifications proposed with this Proposed Subdivision. The Proposed Subdivision is required to comply with all conditions within the approved resolution, the Building and Safety Division and Public Works Department, and Los Angeles County Fire Department requirements. Through the permit and inspection process, the referenced agencies will ensure that the Proposed Subdivision is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Future development of the Proposed Subdivision site will be processed through a Development Review application for compliance with the City’s development standards, California Building Code, and other applicable regulations. e. The design of the Proposed Subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the Proposed Subdivision. The subject property has a 2-foot-wide County of Los Angeles easement for storm drain purposes that runs parallel to Morning Canyon Road. Storm drain connections to and/or construction activities encroaching into a County easement require a County permit. The Proposed Subdivision will result in the Morning Canyon Road driveway to be located on a separate parcel from the church campus. The Proposed Subdivision will not interfere with the church’s main existing access from Diamond Bar Boulevard. Access to Parcel 1 will be from the Morning Canyon Road driveway. Vehicular and pedestrian circulation for Parcel 1 will be contingent on the future development of Parcel 1 and will be analyzed during the Development Review process. 8.1.a Packet Pg. 71 5 PC Resolution No. 2021-XX f. The discharge of sewage from the Proposed Subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The Proposed Subdivision will not violate any requirement of the California Regional Water Quality Control Board. The Proposed Subdivision will be connecting to the existing public sewer system which is in compliance with the California Regional Water Quality Control Board. The church campus on proposed Parcel 2 shall continue to be served by the existing water meter and sewer lateral which does not cross the proposed lot lines. Proposed Parcel 1 will require new utility services. The type of utility services required for the undeveloped lot will be contingent on the scope of the new development. As part of the environmental review process, the City received a will- serve letter from the Walnut Valley Water District. The existing buildings on-site are currently receiving water for domestic usage. A will-serve letter was requested from the Los Angeles County Sanitation District. In an email dated April 9, 2021, their Facilities Planning Department determined that a will serve letter was not applicable for this Proposed Subdivision since there is no development being proposed for the Proposed Subdivision and there is no increase in wastewater discharge. g. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions. A preliminary soils or geologic hazards report was not required for the Proposed Subdivision because the subject property is a relatively flat infill parcel surrounded by fully urbanized development. The location and context of the subject property provides substantial evidence that no adverse soil or geological conditions exist on the subject property. Moreover, prior to any future development within the Proposed Subdivision will require thorough geotechnical investigations prepared by licensed civil engineers in conformance with the locally-amended California Building Codes in effect at the time such development is proposed. Such future development shall adhere to the findings and recommendations of such investigations. h. The Proposed Subdivision is consistent with all applicable provisions of the City’s Subdivision Ordinance, the Development Code, and the Subdivision Map Act. 8.1.a Packet Pg. 72 6 PC Resolution No. 2021-XX The Proposed Subdivision is consistent with the City’s Subdivision Ordinance, Subdivision Map Act, and applicable Development Code. The existing buildings on the proposed Parcel 2 were constructed in 1965, twenty-four years prior to the City’s incorporation. In addition, future developments will be processed through a Development Review application for compliance with the City’s development standards. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map No. 83371 (Planning Case No. PL2021-15) subject to the following conditions and the attached Standard Conditions of Approval: A. GENERAL 1. The approval of Tentative Parcel Map No. 83371 (Planning Case No. PL2021-15) shall expire within three (3) years from the date of approval if a final map has not been filed pursuant to Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request an extension of the initial expiration date up to a maximum of three (3) years in accordance with the provisions set forth under DBMC Section 21.20.150. Extension requests shall be submitted in writing prior to the expiration of the approval or previous extension, together with the required filing fee. 2. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Los Angeles County Fire Department. 3. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map No. 83371, at the City of Diamond Bar Community Development Departm ent, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. 4. The property owner shall be responsible for maintaining the property in a condition that will not cause erosion. Erosion control methods shall be utilized to maintain slope stability, to the satisfaction of the City Engineer. Slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. 5. The development of Proposed Parcel 1 shall be submitted for review and approval of a Development Review application and shall comply with the City’s Development Code. 8.1.a Packet Pg. 73 7 PC Resolution No. 2021-XX 6. The Proposed Subdivision site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations; and 7. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. B. TENTATIVE PARCEL MAP CONDITIONS 1. Approval of the Tentative Parcel Map is for subdivision of land only. No land use or development entitlements are expressed or implied. 2. The final map shall provide for parcels, easements or rights-of-way for private streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal and public utilities providing electric, gas, and telecommunications services to accommodate the future development of Parcel 1. 3. Prior to final map approval, the applicant shall fully comply with DBMC Chapters 21.30 (Subdivision Design and Improvement Requirements) and 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance. 4. Pursuant to subsection (a)(8) of Government Code Section 66477, if a building permit is requested for construction of a residential structure or structures on one or more of the parcels created by the Proposed Subdivision within four (4) years of Final Parcel Map recordation, prior to the issuance the building permit, the owner of each such parcel shall pay a parkland dedication in -lieu fee in an amount determined in accordance with the formula set forth in subsections (c) and (d) of DBMC Section 21.32.040. The amount of the fee shall equal the parkland obligation derived from the formula set forth in subsection (c) of DBMC Section 21.32.040 times a per - acre “fair market value” of $2,271,591, or other per-acre “fair market value” determined by mutual agreement of the city and the applicant prior to approval of the Final Parcel Map. This requirement shall be noted on the Final Parcel Map or contained in a separate covenant, agreement, or similar document in a form acceptable to the City Attorney and recorded prior to or concurrently with the Final Parcel Map. 5. Approval of Tentative Parcel Map No. 83371 shall not be interpreted as repealing, abrogating, or annulling any private easement, covenant, or dual restriction imposed on the subject property. 8.1.a Packet Pg. 74 8 PC Resolution No. 2021-XX The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. APPROVED AND ADOPTED THIS 13TH DAY OF JULY, 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, Chairperson I, Greg Gubman, 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 13th day of July, 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 8.1.a Packet Pg. 75 9 PC Resolution No. 2021-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Tentative Parcel Map No. 83371 Planning Case No. PL2021-15 SUBJECT: To create a two-lot subdivision. The subject property consists of approximately 3.52 acres. Proposed Parcel 1 will be 76,728 square feet (1.76 acres) and proposed Parcel 2 will be 76,729 square feet (1.76 acres). PROPERTY Southern California Nevada Conference of the United Church OWNER(S): of Christ 2335 S. Diamond Bar Blvd. Diamond Bar, CA 91765 APPLICANT: Samir M. Khoury Coory Engineering 1718 N. Neville St. Orange, CA 92865 LOCATION: 2335 S. Diamond Bar Blvd., Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to 8.1.a Packet Pg. 76 10 PC Resolution No. 2021-XX attack, set-aside, void or annul, the approval of Tentative Parcel Map No. 83371 (Planning Case No. PL2021-15) brought within the time period provided by Government Code Section 66499.37 or any claim, action or proceeding alleging subdivision of the property is prohibited by contract, Covenants, Conditions, and Restrictions, or similar instruments. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. The subdivider/applicant shall remove the public hearing notice board within three (3) days of this Proposed Subdivision’s approval. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, and any applicable Specific Plan in effect at the time of grading and building permit issuance. 4. The Proposed Subdivision site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 8.1.a Packet Pg. 77 11 PC Resolution No. 2021-XX APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT (909) 839-7040 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, surety shall be posted guaranteeing completion of monumentation. 3. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 4. The Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 5. After the final map records, the applicant shall submit to the Public Works/Engineering Department, at no cost to the City, an electronic copy of the recorded map. 6. The Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 7. The Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 8. The site topography shows the natural drainage course draining from the proposed Parcel 1 to Parcel 2. A note shall be included on the final map indicating that neither property owner shall modify or block drainage patterns that would impact the cross-lot drainage without prior approval from the City of Diamond Bar. 8.1.a Packet Pg. 78 12 PC Resolution No. 2021-XX APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT FIRE PREVENTION DIVISION AT (323) 890-4243 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. FINAL MAP REQUIREMENTS 1. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all- weather access surface to be clear to sky. 2. The Final Map shall be submitted for review and approval prior recordation. B. WATER SYSTEMS REQUIREMENTS 1. All fire hydrants shall measure 6”x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal, and shall be installed in accordance with the 2017 County of Los Angeles Fire Code, Table B105.1. 2. The required fire flow for the public fire hydrants for this Proposed Subdivision is 2000 gpm at 20 psi residual pressure for 2 hours. Two public fire hydrant(s) flowing simultaneously may be used to achieve the required fire flow. Fire Code 507.3 & Appendix B105.1. END 8.1.a Packet Pg. 79 PARKMORNING CANYONRD.GROSS AREA = 153,457 SF= 3.52 ACRESNET AREA = 138,607 SF= 3.18 ACRES18' WIDE EASEMENT FOR STORM DRAIN PURPOSES OF L.A.C.F.C.D., SUCCESSOR IN INTEREST TO THE COUNTY OF LOS ANGELES PER D1231, 851 O.R. AND D4005/967 O.R.2' WIDE EASEMENT OF THE COUNTYOF LOS ANGELES FOR STORM DRAINPURPOSES PER D3052/788 O.R.20' WIDE EASEMENT OF TRANSAMERICADEVELOPMENT COMPANY (FORMERLYCAPITOL CO.) FOR STORM DRAINPURPOSES PER INSTRUMENT NO. 1725RECORDED JULY 5, 1961.NOT A PARTPRESADO DR.PARCEL 1AREA = 76,728 SF= 1.76 ACRESPARCEL 2AREA = 76,729 SF= 1.76 ACRESLOT 1R/WP/LP/LP/LP/LR/W R/WR/WR/WR/W11.12'± WIDE EASEMENT FOR STORM DRAINPURPOSES OF L.A.C.F.C.D., SUCCESSOR ININTEREST TO THE COUNTY OF LOS ANGELESPER D1231, 851 O.R. AND D4005/967 O.R.EXIST. 8" V.C.P. SEWEREXIST. 10" A.C.P. WATER EXIST. 33" R.C.P. STORM DRAIN P.D. 0498 EXIST. DOUBLE 8'X6' R.C.B. STORM DRAIN P.D. 0233EXIST. 8" V.C.P. SEWEREXIST. 6" GASEXIST. 12" C.I.P. WATEREXIST. 3" GAS EXIST. DOUBLE 6'X6' R.C. B. STORM DRAIN P.D. 0233EXIST. 8" A.C.P. WATER18'12'12'10'50'CANYONPROPOSED P/LEX. 30" OAK TREETO REMAINEX. 24" OAK TREETO REMAINEX. 12" OAK TREETO REMAINGMEXISTING 1 STORY STUCCO BUILDINGEXISTING 1 STORY STUCCO BUILDINGEXISTING 1 STORY STUCCO BUILDING20'10'39'39'50'10'22'DR.120'60'60'30'30'60'32'32'64'EX. TRASHBINDIAMOND BAR BLVD. EXIST. 12" C.I.P. WATER (ABAND.) 2' 2'9'9'18'20'20'33' WIDE EASEMENT OF TRANSAMERICADEVELOPMENT COMPANY (FORMERLY CAPITOLCO.) FOR STORM DRAIN PURPOSES PERINSTRUMENT NO. 1725 RECORDED JULY 5, 1961.EXIST. WATERSERVICE LINEEXIST. 6"ØSEWER LATERALEX. BLOCK WALLW.I.F.W.I.F.EX. BLOCK WALLEXISTINGCOMMUNITY GARDENTO BE REMOVEDEXIST. GASSERVICE LINEPATHFINDER RD.DIAMOND BAR UNITED CHURCH2335 S. DIAMOND BAR BOULEVARDDIAMOND BAR, CA 91765TENTATIVE PARCEL MAP No. 83371-COORY ENGINEERINGA.P.N. 8292-009-004TENTATIVE PARCEL MAP No. 83371COORY ENGINEERINGBENCH MARKBM # FG 4529OTTERBEN QUAD 2013 ADJUSTMENTRCE TAG #8793 IN W CB DIAMOND BAR BLVD 450MM (1.5 FT) N/O BCR AT SW CORNER MORNINGCANYON DRIVE.VICINITY MAPNOT TO SCALEAPRIL, 202157SITEBASIS OF BEARINGSTHE BASIS OF BEARINGS USED ON THIS SURVEY IS THE BEARING NORTH 53° 40' 00” WEST OF THECENTERLINE OF MORNING CANYON ROAD AS SHOWN IN TRACT No. 35554, BOOK 927, PAGES 78AND 79 RECORDS OF LOS ANGELES COUNTY.PROJECT ZONEMEDIUM DENSITY RESIDENTIAL [RM]A.P.N.A.P.N. 8292-009-004ADDRESS NET AREA : 138,607 SQ.FT. 3.182 AC.LAND AREA2335 S. DIAMOND BAR BOULEVARDDIAMOND BAR, CA 91765GROSS LAND AREA: 153,457 SQ.FT. 3.523 AC.REVISIONSELEV = 782.330'SILVER BELLA PINE DRS D I A M O N D B A R PATHFINDERRDBL V D MORNING CANYON RDLOST RIVER DRS BREA CANYON RDEVERGREEN SPRINGS DRCHESNUTTIERRALOMA DRCREEK STONEPINE STRDFERNHOLLOWDRBIRCH HILL DRLAURELRIMDRDRPRE S A D O HAWK DRZONING: LCR3800012UDRAINAGE NOTE:NEITHER PROPERTY OWNER SHALL MODIFY OR BLOCK DRAINAGE PATTERNS THATWOULD IMPACT THE CROSS-LOT DRAINAGE WITHOUT PRIOR APPROVAL FROM THE CITYOF DIAMOND BAR.8.1.bPacket Pg. 80 20'20'60'30'60'32'32'64'60'120'18'12'12'39'60' 20'30'10'RD.DIAMOND BAR BLVD. PRESADO DR.MORNINGCANYON22'39'10'10'LOT 16'GROSS AREA = 153,457 SF= 3.52 ACRESNET AREA = 138,607 SF= 3.18 ACRESR/WR/WP/LP/LP/LP/LR/WR/WEXISTING 1 STORY STUCCO BUILDING EXISTING 1 STORY STUCCO BUILDINGEXISTING 1 STORY STUCCO BUILDINGAREA #1AREA #3AREA #2AREA #4AREA #5AREA #7S = 54%S = 8%S = 23%S = 8%S = 3%S = 6%S = 18%AREA #6VICINITY MAPNOT TO SCALE57SITESILVER BELLA PINE DRS DIAMOND BAR PATHFINDERRDBLVD MORNING CANYON RDLOST RIVER DRS BREA CANYON RDEVERGREEN SPRINGS DRCHESNUTTIERRALOMA DRCREEK STONEPINE STRDFERNHOLLOWDRBIRCH HILL DRLAURELRIMDRDRPRESADO HAWK DRAVERAGE SLOPE ANALYSIS05-28-21LEGAL DESCRIPTIONTHE LAND REFERRED TO HEREIN IS SITUATED IN THE CITYOF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OFCALIFORNIA, AND IS DESCRIBED AS FOLLOWS:BEING A SUBDIVISION OF LOT 1 OF TRACT NO. 35554, AS PERMAP RECORDED IN BOOK 927, PAGES 78 AND 79 OF MAPS, IN THEOFFICE OF THE RECORDER OF SAID COUNTY.ASSESSOR'S PARCEL NUMBER: 8292-009-004DIAMOND BAR UNITED CHURCHDIAMOND BAR, CA 91765APN: 8292-009-004-BENCH MARKBM # FG 4529 OTTERBEN QUAD 2013 ADJUSTMENT ELEV = 782.330'BASIS OF BEARINGS” AVERAGE SLOPE ANALYSIS = 12% ON 3.52 ACRESTENTATIVE PARCEL MAP #833718.1.bPacket Pg. 81 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 8.2 MEETING DATE: July 13, 2021 CASE/FILE NUMBER: Conditional Use Permit No. Planning Case No. PL2020-120 PROJECT LOCATION: 1114 S. Diamond Bar Blvd. Diamond Bar, CA 91765 (APN 8701-027-032) GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Regional Commercial (C-3) PROPERTY OWNER: Courtney Pease ROIC 11250 El Camino Real #200 San Diego, CA 92130 APPLICANT: Dr. Ratul Kumar 1114 S. Diamond Bar Blvd. Diamond Bar, CA 91765 SUMMARY: The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a 3,620 square-foot veterinary clinic (Grand Animal Hospital) at the Diamond Bar Towne Center. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No. PL2020-120, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.58, subject to conditions. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 8.2 Packet Pg. 82 Conditional Use Permit No. Planning Case No. PL2020-120 Page 2 of 9 BACKGROUND: Grand Animal Hospital is proposing to locate within Diamond Bar Towne Center, located on the east side of Diamond Bar Boulevard between Grand Avenue and Clear Creek Canyon Drive, anchored by Walmart Neighborhood Market and Crunch Fitness. The shopping center consists of approximately 107,025 square feet of floor area and includes tenants consisting of retail, restaurants, drycleaner, banks, a gym and personal services. The center is comprised of attached inline tenant spaces and pad buildings fronting along Diamond Bar Blvd. Grand Animal Hospital is proposing to locate in the vacant tenant space at the north end of the center, previously occupied by the Whole Enchilada restaurant. There are 385 total off-street parking spaces on site. The property is legally described as Lot 4 of Parcel Map 127 -97-98. The Assessor’s Parcel Number (APN) is 8701-027-032. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning District Land Use Site General Commercial C-3 Retail, Service, and Restaurant Uses North Low Density Residential RL Single-Family Residential South General Commercial C-3 Retail, Service, and Restaurant Uses East Low Density Residential RL Single-Family Residential West General Commercial C-3 Retail, Service, and Restaurant Uses 8.2 Packet Pg. 83 Conditional Use Permit No. Planning Case No. PL2020-120 Page 3 of 9 Storefront of Proposed Business Location Site (Plan View) Aerial 8.2 Packet Pg. 84 Conditional Use Permit No. Planning Case No. PL2020-120 Page 4 of 9 Project Description The applicant, Dr. Kumar, is requesting approval to operate a 3,620 square -foot veterinary clinic to be named Grand Animal Hospital. Dr. Kumar will provide services for dogs, cats and small mammals. Services will include routine care such as examinations, vaccinations, microchipping, spay/neuter, various diagnostics and general in-house treatment. Additional services include medical treatment, dental c are, quality of life assessments and end of life care. There will be limited pet boarding for small animals, which will be ancillary to the primary veterinary clinic. Sick animals may be hospitalized to receive medical attention on a short term (overnigh t) basis. Animals will be housed within the facility and will not be exercised outside. The design includes additional sound-control measures at the demising walls and ceiling to mitigate noise transmission. Staff will consist of one veterinarian, two assistants/technicians, and one receptionist. At least one doctor and a maximum of two support staff will be on site at all times during regular work hours. The hours of operation will be six days a week, Monday to Friday, from 7:00 a.m. to 7:00 p.m., Saturdays from 8:00 a.m. to 2:00 p.m. and closed Sundays. The proposed space consists of a waiting room with reception desk, exam rooms, diagnostic room, treatment area, procedure room, isolation area, offices, dental room, break room, cat ward, two restrooms and a boarding area at the rear of the unit. Adjacent Business to the West Adjacent Business to the East 8.2 Packet Pg. 85 Conditional Use Permit No. Planning Case No. PL2020-120 Page 5 of 9 ANALYSIS: Review Authority (DBMC Section 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed Proposed Floor Plan 8.2 Packet Pg. 86 Conditional Use Permit No. Planning Case No. PL2020-120 Page 6 of 9 use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owner of the proposed veterinary clinic were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be perm itted to expand the school without full review and approval by the Planning Commission. Required Parking The required number of parking spaces for veterinary clinics and hospitals is one space for each 250 square feet of gross floor area, plus one space for each 800 square feet of boarding area, and shopping centers over 50,000 square feet in size are required to provide one parking space for every 300 square feet of gross floor area for commercial uses that are not subject to approval of a CUP. The parking requirement for businesses approved under a CUP (e.g., schools, tutoring, health/fitness studios, etc.) are calculated separately. Diamond Bar Towne Center provides 385 off -street parking spaces. The parking required for the current palette of uses minus the proposed veterinary clinic is 401 spaces. The proposed veterinary clinic requires 13 spaces based on Development Code requirements. The total off-street parking requirement for the center would thus be 414 spaces, leaving a deficit of 29 spaces. Parking Survey and Shared Parking Analysis Development Code Section 22.30.050 provides a methodology to allow a reduction in the required number of parking spaces when multiple uses share the same pool of parking spaces, such as within shopping centers. When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. Diamond Bar Towne Center is occupied by uses ranging from retail, City’s Development Code Parking Requirement Use Sq. Ft. Parking Ratio Parking Required Parking Provided Shopping Center 86,605 1/300 sq. ft. 289 Crunch Fitness 16,800 1/150 sq. ft. 112 Proposed Veterinary Clinic 3,082 (vet) 538 (boarding) 1/250 sq. ft. plus 1/800 sq. ft. of boarding area 13 Total 107,025 414 385 8.2 Packet Pg. 87 Conditional Use Permit No. Planning Case No. PL2020-120 Page 7 of 9 restaurants, a drycleaner, banks, a gym and personal services. The varying uses result in a range of peak business hours and parking demands. The applicant submitted a shared parking study signed by a licensed traffic engineer (Attachment 3). The shared parking study provides parking demand calculations and analysis, based on a worst-case scenario and parking surveys conducted during hours of operation on typical weekdays and weekends. A worst-case scenario parking demand was analyzed for the commercial center if every business in the commercial center reached its highest capacity at the same time. Due to the variety of different uses at the commercial centers, with various hours of operation and peak parking demand times, this scenario is highly unlikely. The traffic engineer conducted a parking survey at the site to observe actual parking counts during the proposed hours of operation. Parked vehicles were counted every hour from 8:00 a.m. through 10:00 p.m. on Monday, November 18, 2019, Friday, November 22, 2019 and Saturday, November 16, 2019. These periods essentially coincide with the hours of operation for tenants of the retail center and the proposed veterinary clinic. It should be noted that this survey was conducted pre-pandemic, therefore, should represent normal operating conditions. In order to determine the most appropriate peak parking requirement for Diamond Bar Towne Center upon full occupancy of vacant floor area, utilization of the actual survey data for the existing land uses has been combined with Urban Land Institute’s shared parking techniques applied to the vacant retail and restaurant floor area. The study showed that the peak parking requirement (peak parking demand plus the proposed veterinary clinic) occurs on Fridays at 12:00 p.m. with 387 parking spaces being utilized. Based on a parking supply of 385 spaces, a parking deficiency of two spaces would be forecast during the Friday peak hour. Peak overall demands on a Saturday are forecast at 373 spaces at 11:00 a.m., for a surplus of 13 spaces. To manage parking demands of the existing and proposed tenants, the parking study notes that the property management company (ROIC) has identified parking areas that will be modified/restriped to accommodate an additional 21 parking spaces for a total future supply of 406 spaces (See Figure 7 of the parking study). With implementation of the additional spaces, the weekday (Monday and Friday) and weekend (Saturday) conditions would yield parking surpluses of 50 s paces, 18 spaces and 33 spaces, respectively. Therefore, staff is recommending a condition of approval in the draft resolution that the property management company obtain a permit for the parking restriping plan which shall be constructed and completed prior to the issuance of final Certificate of Occupancy for the veterinary clinic. Based on the findings of the parking study, and if the recommended measure is implemented, the parking needs of the project would be adequately served by the 8.2 Packet Pg. 88 Conditional Use Permit No. Planning Case No. PL2020-120 Page 8 of 9 proposed parking supply. If at any time, the City finds that the proposed use is causing a parking deficiency or other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending the CUP to address such impacts. Compatibility with Neighborhood The proposed business is located within an existing shopping center, surrounded by commercial shopping centers to the south and west, and single -family residential uses to the north and east. The proposed business is compatible with the surrounding neighborhood because Diamond Bar Towne Center has a variety of uses, including restaurants, drycleaner, banks, restaurants, gym and other retail and personal service uses, which is a convenient location for families loca ted in the immediate neighborhood. Noise As mentioned above, there will be limited pet boarding for small animals. Animals will be housed within the facility and will not be exercised outside. To alleviate any potential noise concerns, the facility is designed to include additional sound-control measures at the demising walls and ceiling, and the new window in the boarding area will not be operable. Furthermore, the closest residence to the facility is approximately 133 feet away, buffered by a block wall and eucalyptus trees. As such, noise should not be a concern for the adjacent properties. Given the proposed hours of operation, the availability of parking, types of adjoining uses, and noise control, it is reasonable to conclude that the veterinary clinic will Rear of Tenant Space 8.2 Packet Pg. 89 Conditional Use Permit No. Planning Case No. PL2020-120 Page 9 of 9 continue to be compatible with the other uses in the center and the surrounding neighborhood. Additional Review The Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On July 2, 2021, public hearing notices were mailed to property owners within a 700 - foot radius of the project site. On July 2, 2021, the notice was published in the San Gabriel Valley Tribune newspaper; the project site was posted with a notice display board; and a copy of the public notice was posted at the City’s designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Qual ity Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX, Standard Conditions of Approval B. Site Plan and Floor Plan C. Parking Demand Analysis Dated June 24, 2021 8.2 Packet Pg. 90 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2020-120, TO OPERATE A 3,620 SQUARE-FOOT VETERINARY CLINIC LOCATED AT 1114 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CA (APN 8701-027-032). A. RECITALS 1. Property owner, ROIC, and applicant, Dr. Ratul Kumar, have filed an application for Conditional Use Permit No. PL 2020-120 to operate a 3,620 square-foot veterinary clinic within an existing shopping center. The project site is more specifically described as 1114 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall collectively be referred to as the “Proposed Use.” 2. The subject property is comprised of a 1.14 gross acre parcel. It is located in the Regional Commercial (C-3) zone with a General Plan land use designation of General Commercial. 3. The legal description of the subject property is Lot 4 of Parcel Map 127-97-98. The Assessor’s Parcel Number is 8701-027-032. 4. On July 2, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On July 2, 2021, public hearing notices were mailed to property owners within a 700-foot radius of the Project site and posted at the City’s designated community posting sites. 5. On July 13, 2021, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 8.2.a Packet Pg. 91 2 PC Resolution No. 2021-XX 2. The Planning Commission hereby determines the Proposed Use to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 1. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to DBMC Section 22.10.030 Table 2-6, a veterinary clinic —as defined by DBMC Section 22.80.020—is permitted in the C-3 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with neighboring uses in the shopping center and surrounding neighborhood. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. The Proposed Use is consistent with General Plan Strategy 1.3.3: (“Encourage neighborhood serving retail and service commercial uses”) in that the proposed business would provide veterinary services to Diamond Bar residents. The Project site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity. The Proposed Use is located within an existing shopping center, surrounded by commercial shopping centers to the south and west, and single-family residential uses to the north and east. The Proposed Use is compatible with the surrounding neighborhood because Diamond Bar Towne Center has a variety of uses, including restaurants, drycleaner, banks, restaurants, gym and other retail and personal service uses. 8.2.a Packet Pg. 92 3 PC Resolution No. 2021-XX There will be limited pet boarding for small animals. Animals will be housed within the facility and will not be exercised outside. To alleviate any potential noise concerns, the facility is designed to include additional sound- control measures at the demising walls and ceiling, and the new window in the boarding area will not be operable. Furthermore, the closest residence to the facility is approximately 133 feet away, buffered by a block wall and eucalyptus trees. As such, the design, location and operational characteristics associated with the Proposed Use are compatible with the existing uses within the center and surrounding neighborhood. 4. The 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. The Proposed Use is physically suitable within the subject site because it will be located in an existing vacant tenant space within an existing commercial building, and no additional square footage is being proposed. In addition, the Proposed Use will utilize existing access and parking. Diamond Bar Towne Center provides 385 on-site parking spaces. The applicant submitted a shared parking study signed by a licensed traffic engineer. The study showed that the peak parking requirement (peak parking demand plus the proposed veterinary clinic) occurs on Fridays at 12:00 p.m. with 387 parking spaces being utilized. Based on a parking supply of 385 spaces, a parking deficiency of two spaces would be forecast during the Friday peak hour. To manage parking demands of the existing and proposed tenants, the property management company (ROIC) has identified parking areas that will be modified/restriped to accommodate an additional 21 parking spaces for a total future supply of 406 spaces. With implementation of the additional spaces, the Friday peak conditions would yield a parking surplus of 19 spaces. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, it is reasonable to conclude that the proposed veterinary clinic will be compatible with the other uses in the commercial center and neighborhood. 5. 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. 8.2.a Packet Pg. 93 4 PC Resolution No. 2021-XX Prior to the issuance of any city permits, the Proposed Use is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2020-120, subject to the following conditions: 1. This approval is for the operation of a 3,620 square-foot veterinary clinic within an existing shopping center. Services will include routine care such as examinations, vaccinations, microchipping, spay/neuter, various diagnostics, general in-house treatment, and involves ancillary boarding of animals receiving medical treatment, hereafter referred to as the “Use.” 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 1114 S. Diamond Bar Blvd., as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. If, at any time, the City finds that the Use is the cause of a parking deficiency or other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 5. No changes to the approved scope of services as described above shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 8.2.a Packet Pg. 94 5 PC Resolution No. 2021-XX 6. Prior to the issuance of a final Certificate of Occupancy for the veterinary clinic, the property owner shall: 1) apply for and receive City approval of a parking restriping plan that results in a net increase of at least eighteen (18) parking spaces; and 2) complete the restriping of the subject property in substantial conformance with the approved plan. 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 the property owner, Courtney Pease, ROIC, 11250 El Camino Real #200, San Diego, CA 92130; and applicant, Dr. Ratul Kumar, 1114 S. Diamond Bar Blvd., Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13TH DAY OF JULY, 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, Chairperson I, Greg Gubman, 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 13th day of July, 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 8.2.a Packet Pg. 95 6 PC Resolution No. 2021-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2020-120 SUBJECT: To operate a 3,620 square-foot veterinary clinic within an existing shopping center. PROPERTY Courtney Pease OWNER(S): ROIC 11250 El Camino Real #200 San Diego, CA 92130 APPLICANTS: Dr. Ratul Kumar 1114 S. Diamond Bar Blvd Diamond Bar, CA 91765 LOCATION: 1114 S. Diamond Bar Blvd., Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void, or annul the approval of Conditional Use Permit No. PL2020-120 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officer s, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such cla ims. 8.2.a Packet Pg. 96 7 PC Resolution No. 2021-XX (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty -one (21) days of approval of this Conditional Use Permit No. PL2020-120 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic 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. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 8.2.a Packet Pg. 97 8 PC Resolution No. 2021-XX B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL2020-120 shall expire within one (1) year from the date of approval if the use has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e. 2019 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code. 3. The applicant is responsible for all Department of Consumer Affairs/Veterinary Medical Board requirements as outlined in CA Business and Professions Code 4800, 4800.1, 4808, and 4809.5. Plan Check – Items to be addressed prior to plan approval: 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 8.2.a Packet Pg. 98 9 PC Resolution No. 2021-XX 5. “Separate permit shall be required for all wall and monument signs” and shall be noted on plans. 6. An exit analysis shall be provided during plan check, showing occupant load for each space, exit width, exit signs, etc. 7. Number of plumbing fixtures shall be in compliance with CPC T-422. 8. Provide at least one bathroom for each sex per CBC 412.3. 9. ADA paths of travel from parking and the public way are required to be upgraded consistent with CBC 11B-202. 10. The quantity of medical gas storage shall be identified on the plans. Where storage is greater than that outlined in CBC 427.2, the medical gas room shall include one-hour rating, fire sprinklers, and venting. Fire Department approval will be required for sprinklers (as required). 11. Dryer vents shall not exceed 14’ in length and two elbows. Permit – Items required prior to building permit issuance: 12. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 13. All workers on the job shall be covered by workman’s compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction – Conditions required during construction: 14. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within 180-days after permit issuance, and if a successful inspection has not been obtained from the building official within one-hundred-eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 15. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 8.2.a Packet Pg. 99 10 PC Resolution No. 2021-XX 16. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6’ high fence. 17. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 18. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 19. All plumbing fixtures, including those in existing areas, shall be low -flow models consistent with California Civil Code Section 1101.1 to 1101.8. END 8.2.a Packet Pg. 100 SITE PLAN INFORMATION (FOR REFERENCE ONLY) A-0.1 SHEET NO. 2009 REVISIONS: 07/31/20DATE: PROJECT NO.Grand Animal Clinic1114 S DIAMOND BAR BLVD, DIAMOND BAR CA 91765Veterinary Office Tenant ImprovementPERMIT NO. SUITE OCCUPANCY AND PARKING TABULATION N.T.S EXISTING SITE PLAN (FOR REFERENCE ONLY) 0.1 A PER CITY OF DIAMOND BAR MUNICIPAL CODE (22.30.040) TABLE 3-10 (NUMBER OF PARKING SPACES REQUIRED): PARKING FOR THE LAND USE: ANIMAL HOSPITALS/VETERINARY CLINICS IS 1 SPACE PER 250 S.F. (GROSS). N S D I A M O N D B A R B L V DC L E A R C R E E KC A N Y O N D R I V EG R A N D A V E N U ESITE LOCATION MAP THE SITE NOTE: IF ANY ACCESSIBLE COMPONENT IS NOT IN COMPLIANCE PER FIELD VERIFICATION BY THE CITY BUILDING INSPECTOR THEN IT WILL BE REQUIRED TO BE BROUGHT INTO FULL COMPLIANCE WITH CURRENT ACCESSIBILITY STANDARDS. CBC 107.2.5. A-0.1 SITE PLAN INFORMATION A-0.2 SITE PLAN A-1.0 FLOOR PLAN THE SITE N PROJECT TITLE / ADDRESS: GRAND ANIMAL CLINIC 1114 S DIAMOND BAR BLVD., DIAMOND BAR, CA 91765 PROJECT DESCRIPTION: INTERIOR VETERINARY OFFICE TENANT IMPROVEMENT IN EXISTING 1 STOREY COMMERCIAL CENTER BUILDING. ZONE: C-3 (REGIONAL COMMERCIAL) BASE BLDG. CONSTRUCTION TYPE: V-B (NON-SPRINKLERED) BLDG.HT. APPROX. 32'-0" SUITE FLOOR AREA : RENTABLE:3620 S.F. USABLE:3516 S.F. OCCUPANCY: B (VETERINARY CLINIC) OCCUPANCY LOAD: 3516 S.F.:24 (150 GROSS) EXITS: EXITS REQUIRED:1 EXITS PROVIDED:2 PROJECT DATA SHEET INDEX OWNER/TENANT: DR. RATUL KUMAR 20445 HERBSHEY CIRCLE, YORBA LINDA, CA 92887 (714) 466 0509 ARCHITECT: SAUNDERS + WIANT ARCHITECTS, INC. 2700 WEST COAST HIGHWAY, #200, NEWPORT BEACH, CA. 92663 (949) 721 0730 PROJECT DIRECTORY A PLANNING REVIEW REVISIONS 9-30-20 GENERAL NOTES 1.ALL ROOF/GROUND-MOUNTED MECHANICAL EQUIPMENT (E.G. AIR CONDITIONING, HEATING, VENTILATION DUCTS AND EXHAUST, WATER HEATERS, ETC.), WASTE AND STORAGE AREAS, AND UTILITY SERVICES SHALL BE SCREENED FROM PUBLIC VIEW AND FROM ABUTTING PUBLIC STREETS AND RIGHTS-OF-WAY, AND ABUTTING AREA(S) ZONED FOR RESIDENTIAL OR OPEN SPACE USES, INCLUDING VIEWS FROM ABOVE THE SUBJECT PROJECT. THE METHOD OF SCREENING SHALL BE ARCHITECTURALLY COMPATIBLE WITH OTHER SITE DEVELOPMENT IN TERMS OF COLORS, MATERIALS, AND ARCHITECTURAL STYLE SUBJECT TO APPROVAL BY THE DIRECTOR. THE SCREENING DESIGN/CONSTRUCTION SHALL BLEND WITH THE DESIGN OF THE STRUCTURE(S) AND INCLUDE APPROPRIATELY INSTALLED AND MAINTAINED LANDSCAPING WHEN ON THE GROUND. 2.APPLICANT IS RESPONSIBLE FOR ALL DEPT. OF CONSUMER AFFAIRS/VETERINARY MEDICAL BOARD REQUIREMENTS AS OUTLINED IN CA BUSINESS AND PROFESSIONS CODE 4800, 4800.1. 4808, AND 4809.5. 3.THIS PROJECT SHALL COMPLY WITH THE ENERGY CONSERVATION REQUIREMENTS OF THE STATE OF CALIFORNIA ENERGY COMMISSION. ALL LIGHTING SHALL BE HIGH EFFICACY OR EQUIV. PER THE CURRENT CALIFORNIA ENERGY CODE. 4.AN EXIT ANALYSIS SHALL BE PROVIDED DURING PLAN CHECK, SHOWING OCCUPANT LOAD FOR EACH SPACE, EXIT WIDTH, EXIT SIGNS, ETC. 5.NUMBER OF PLUMBING FIXTURES SHALL BE IN COMPLIANCE WITH CPC T-422. 6.DRYER VENTS SHALL NOT EXCEED 14' IN LENGTH AND TWO ELBOWS. PERMIT-REQUIED PRIOR TO BUILDING PERMIT ISSUANCE: 7.SOLID WASTE MANAGEMENT OF CONSTRUCTION MATERIAL SHALL INCORPORATE RECYCLING MATERIAL COLLECTION PER DIAMOND BAR MUNICIPLAL CODE 8.16 OF TITLE 8. THE CONTRACTOR SHALL COMPLETE ALL REQUIRED FORMS AND PAY APPLICABLE DEPOSITS PRIOR TO PERMIT. 8.ALL WORKERS ON THE JOB SHALL BE COVERED BY WORKMAN'S COMPENSATION INSURANCE UNDER A LICENSED GENERAL CONTRACTOR. ANY CHANGES TO THE CONTRACTOR SHALL BE UPDATED ON THE BUILDING PERMIT. CONDITIONS REQUIRED DURING CONSTRUCTION: 9.EVERY PERMIT ISSUED BY THE BUILDING OFFICIAL UNDER THE PROVISIONS OF THIS CODE SHALL EXPIRE AND BECOME NULL AND VOID UNLESS WORK AUTHORIZED BY SUCH PERMIT IS COMMENCED WITHIN 180-DAYS AFTER PERMIT ISSUANCE, AND IF A SUCCESSFUL INSPECTION HAS NOT BEEN OBTAINED FROM THE BUILDING OFFICIAL WITHIN ONE-HUNDRED-EIGHTY (180) DAYS FROM THE DATE OF PERMIT ISSUANCE OF THE LAST SUCCESSFUL INSPECTION. A SUCCESSFUL INSPECTION SHALL MEAN A DOCUMENTED PASSED INSPECTION BY THE CITY BUILDING INSPECTOR AS OUTLINED IN SECTION 110.6. 10.ALL STRUCTURES AND PROPERTY SHALL BE MAINTAINED IN A SAFE AND CLEAN MANNER DURING CONSTRUCTION. THE PROPERTY SHALL BE FREE OF DEBRIS, TRASH, AND WEEDS. 11.ALL EQUIPMENT STAGING AREAS SHALL BE MAINTAINED IN AN ORDERLY MANNER AND SCREENED BEHIND A MINIMUM 6' HIGH FENCE. 12.THE APPLICANT SHALL FIRST REQUEST AND SECURE APPROVAL FROM THE CITY FOR ANY CHANGES OR DEVIATIONS FROM APPROVED PLANS PRIOR TO PROCEEDING WITH ANY WORK IN ACCORDANCE WITH SUCH CHANGES OR DEVIATIONS. 13.ALL GAZING IN HAZARDOUS LOCATIONS SHALL BE LABELED AS SAFETY GLASS. THE LABELING SHALL BE VISIBLE FOR INSPECTION. 14.ALL PLUMBING FIXTURES, INCLUDING THOSE IN EXISTING AREAS, SHALL BE LOW-FLOW MODELS CONSISTENT WITH CALIFORNIA CIVIL CODE SECTION 1101.1 TO 1101.8. APPLICABLE CODES 2019 BUILDING STANDARDS ADMINISTRATIVE CODE, PART 1, TITLE 24 C.C.R. 2019 CALIFORNIA BUILDING CODE (CBC), PART 2, TITLE 24 C.C.R. 2019 CALIFORNIA ELECTRICAL CODE (CEC), PART 3, TITLE 24 C.C.R 2019 CALIFORNIA MECHANICAL CODE (CMC), PART 4, TITLE 24 C.C.R 2019 CALIFORNIA PLUMBING CODE (CPC), PART 5, TITLE 24 C.C.R 2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS (CEES), PART 6, TITLE 24 C.C.R 2019 LOS ANGELES COUNTY FIRE CODE (CFC), PART 9, TITLE 24 C.C.R 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CGBC), PART 11, TITLE 24 C.C.R SB 407 WATER CONSERVATION PER 2019 CGBSC 301.3, BUILDING ALTERATIONS WITH A PERMIT VALUATION OF LESS THAN $200,000 SHALL BE EXEMPT. PER 301.3.1, EXISTING NONCOMPLIANT PLUMBING FIXTURES SHALL BE BROUGHT INTO COMPLIANCE. CALGREEN PLUMBING: PER 2019 CPC 422.2 EXCEPTION 3, ANY BUSINESS OR MERCANTILE WITH OCCUPANT LOAD OF 50 OR LESS IS ALLOWED TO HAVE 1 ALL GENDER RESTROOM. WE HAVE PROVIDED 2 NEW ACCESSIBLE ALL GENDER RESTROOMS IN THIS SUITE. DEFERRED SUBMITTALS 1.A SEPARATE PERMIT SHALL BE REQUIRED FOR ALL WALL AND MONUMENT SIGNS 8.2.b Packet Pg. 101 30'-9" 65.72' 62.83' 577.06'522.80'775.00'10.00'105.64'15.88'R = 1 3 ' L = 2 1 . 5 6 'R=27'L=42.41'R=318'L=232.58'R=382'L=318.82'6136712121212121212121 3 1 14AAA A A 5 15A15AA5 17186699AAA958A 2 6542742 13 513510 AA6-R689AS D I A M O N D B A R B L V DC L E A R C R E E KC A N Y O N D R I V EG R A N D A V E N U ETHE SITE SITE PLAN (FOR REFERENCE ONLY) A-0.2 SHEET NO. 2009 REVISIONS: 07/31/20DATE: PROJECT NO.Grand Animal Clinic1114 S DIAMOND BAR BLVD, DIAMOND BAR CA 91765Veterinary Office Tenant ImprovementPERMIT NO. N.T.S EXISTING SITE PLAN (FOR REFERENCE ONLY) 0.2 A N ( E X I S T. R E S I D E N T I A L D E V E L O P M E N T ) A PLANNING REVIEW REVISIONS 9-30-20 8.2.b Packet Pg. 102 VITREOUS CHINAC_SINKSCAMERTONK-12867 HOPPER REFRIG. LAB U/S FOLD-DN TABLE 110 DIAGNOSTIC 104 EXAM 2 105 EXAM 3101 RECEPTION 125 ALL GENDER RESTROOM REFRIG. 108 OFFICE 109 TREATMENT 115 BREAK AREA 106 LARGE EXAM 4 112 PROCEDURE 103 CAT EXAM 119 STORAGE 114 ISOLATION CAT WAITING ENCLOSURE FOOD FORDOGS KIOSK120 BOARDING STACKED CAGES 117 UTILITY PHARMACY MOP 100 WAITING WASHER/ DRYER FREEZERDOG TUB UNDER COUNTER CAGES NEW STOREFRONT DOORS & WINDOWS FOLD-DN TABLE 7 ' - 2 1 / 2 " 8 ' - 5 " 1 0 ' - 0 " 7 ' - 1 1 " 5 8 ' - 1 1 " 107 I/T CLOSET NEW GLAZED EXIT DOOR 14'-1 1/2"10'-4 1/2"7'-3"10'-6 1/2"4'-10 1/2"58'-11 1/2"5'-3" 2'-11" 121 VET GAS 1 0 ' - 7 " ARTIF. TURF 123 CLOSET 111 WORK AREA 113 CLOSET 116 DENTAL ALCOVE 124 HALLWAY 10'-3 1/2" 32'-11"4'-9"11'-0"11'-11"94 SQ. FT. 72 SQ. FT. 90 SQ. FT. 82 SQ. FT. PASS-THRU 82 SQ. FT. 150 SQ. FT. 538 SQ. FT. STACKED CAGES 12 CAGES (NO RUNS) PACK & PREP CAGES 24 STACKED CAGES - SPACE FOR LARGE RUNS STACKED CAGES LOW WALL 6'-0"4'-2 1/2" 8'-4 1/2"8'-2 1/2"8'-6" 102 CAT WARD 8'-6"7'-3 1/2"10'-0" ELECTRICAL ROOM STACKED CAGES 77 SQ. FT.5'-1 1/2"20'-6"5'-10"6'-0"6'-0" 116 ALL GENDER RESTROOM REFRIG. 7'-8 1/2"8'-7"2'-6"7'-6"2'-2 1/2" NEW WINDOW FOOD PREP OPTIONAL 4' TABLE RUNS LOGO WALL LOGO COUNTERFRONT PRELIMINARY FLOOR PLAN A-1.0 SHEET NO. 2009 REVISIONS: 07/31/20DATE: PROJECT NO.Grand Animal Clinic1114 S DIAMOND BAR BLVD, DIAMOND BAR CA 91765Veterinary Office Tenant ImprovementPERMIT NO. 1/4" = 1'-0" FLOOR PLAN 1.0 A N GRAND ANIMAL CLINIC OPTION D-1 SUITE FLOOR AREA : - RENTABLE:3620 S.F. - USABLE INTERIOR AREA:3516 S.F. A PLANNING REVIEW REVISIONS 9-30-20 8.2.b Packet Pg. 103 REVISED PARKING DEMAND ANALYSIS DIAMOND BAR TOWN CENTER PROJECT Diamond Bar, California June 24, 2021 8.2.c Packet Pg. 104 June 24, 2021 Carol Merriman Retail Opportunity Investments Corp 11250 El Camino Real, Suite 200 San Diego, CA 92130 LLG Reference No. 2.19.4221.2 Subject: Revised Parking Demand Analysis for the Diamond Bar Town Center Project Diamond Bar, California Dear Ms. Merriman, As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Revised Parking Demand Analysis for Diamond Bar Town Center (herein after referred to as Project). Diamond Bar Town Center is located east of Diamond Bar Boulevard, north of Grand Avenue and south of Clear Creek Canyon Drive and addressed at 1100 - 1188 S. Diamond Bar Boulevard in the City of Diamond Bar. From our discussions, we understand that a revision to the Parking Demand Analysis for the Diamond Bar Town Center Project dated December 23, 2019 is necessary as a result of a change in tenant for Suite 1114, which now is proposed as a veterinary office/clinic. It should be noted the prior December 2019 study, which will serve as a reference and database for this analysis, had assumed Suite 1114 as a restaurant use. Additionally, Suite 1106 which was previously occupied by King Bap Korean Restaurant is now vacant while Suite 1176 which was previously vacant is now occupied by Mas Banchan. Diamond Bar Town Center is an established mixed-used neighborhood retail center with a total floor area of 107,025 square-feet (SF). The current tenant mix, which occupies 101,823 SF, is anchored by Walmart Neighborhood Market and Crunch Fitness and includes a tenant mix consisting of a variety of retail/commercial, service retail, office, financial institutions/bank, and restaurant/food uses. The remaining floor area consists of 3,620 SF of proposed veterinary office/clinic use and 1,582 SF of proposed restaurant use. The existing parking supply for Diamond Bar Town Center totals 385 spaces. 8.2.c Packet Pg. 105 Carol Merriman June 24, 2021 Page 2 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc This parking analysis evaluates the shopping center’s parking requirements based on the City of Diamond Bar Municipal Code, as well as the current shared parking methodology outlined in Urban Land Institute’s (ULI) Shared Parking, 2nd Edition and in consideration of the City of Diamond Bar Municipal Code, Section 22.30.050 – Reduction of off-street parking requirements for shared use. The study focused on the following:  Calculates the Code-based parking requirements for Diamond Bar Town Center based on the application of City Code parking ratios.  Utilizes actual field-study parking demands at Diamond Bar Town Center during the two weekdays (Friday and Monday) and a weekend (Saturday) from the December 2019 Study.  Estimates future parking demands for the Diamond Bar Town Center by utilizing existing parking survey data and ULI rates.  This study includes existing parking demand surveys for the Diamond Bar Town Center to establish current peak parking requirements for the current tenants and forecasts the aggregate parking demand of retail center at full occupancy. Compares the estimated survey plus shared parking demand against the existing parking supply, in order to identify any potential, operational surplus or deficiency in parking spaces, and to determine if the existing parking supply can serve all uses within the Diamond Bar Town Center upon full occupancy. Our method of analysis, findings, and conclusions are described in detail in the following sections of this report. PROJECT LOCATION AND DESCRIPTION Diamond Bar Town Center is located on the northeast corner of Diamond Bar Boulevard and Grand Avenue in the City of Diamond Bar, California. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the subject property in the context of the surrounding street system. Diamond Bar Town Center is an existing mixed-use retail center comprised of nine (9) buildings with a total floor area of 107,025 SF. The current tenant mix, which occupies 101,823 SF, includes Walmart Neighborhood Market and Crunch Fitness and a variety of retail/commercial, service retail, office, financial institutions/bank, and restaurant/food uses. The remaining floor area of 5,202 SF consists of two suites, 8.2.c Packet Pg. 106 Carol Merriman June 24, 2021 Page 3 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc one is a 3,620 SF of proposed veterinary office/clinic use and the other is a 1,582 SF of vacant restaurant. Figure 2 presents an existing aerial photograph of the site and illustrates the existing buildings and parking areas. Table 1, located at the end of this letter report, following the figures, presents the tenant unit/address, most recent development tabulation/tenant mix and associated floor areas for the center, and hours of operations for the existing tenants. A review of Table 1 indicates the occupied floor area of 101,823 SF is a mix of retail, restaurant, medical office, health club and bank uses consisting of the following:  43,555 SF of retail floor area, inclusive a of grocery store/supermarket,  11,528 SF of inline food/restaurant floor area,  1,800 SF of personal services,  1,330 SF of dry cleaner floor area,  5,330 SF of medical/dental office floor area,  16,800 SF of health club floor area, occupied by Crunch Fitness, and  21,480 SF of bank floor area. The tenancy of the following vacant floor area will remain as is and consists of:  3,620 SF of veterinary office/clinic space in Suite 1114  1,582 SF of restaurant space in Suite 1176 Parking Supply Based on a field assessment conducted in November 2019 as part of the December 2019 Study, the existing on-site parking supply for the center totals 385 spaces. For detailed study purposes, the parking areas were divided into twelve (12) zones as illustrated on Figure 3. Table 2 provides a breakdown of the parking supply provided within each zone, which are identified as Zones A through L in Table 2. As shown in Figure 3, the main parking field, which consists of Zones B, C, D, F, H and I, contain a total of 296 spaces. The parking zones that serve the uses fronting Diamond Bar Boulevard and consist of Zones E, G and J have a total of 41 spaces. The site’s remaining 48 spaces, which are contained in Zones A, K and L, are primarily located at the rear of the row of retail buildings. From review of Table 2, of the 385 existing parking spaces, 15 spaces are handicapped accessible spaces, 31 spaces are reserved for specific tenant uses, with another 40 spaces with time restricted parking limits that vary between 15, 20 or 30 minutes. 8.2.c Packet Pg. 107 Carol Merriman June 24, 2021 Page 4 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc PARKING SUPPLY-DEMAND ANALYSIS This parking analysis for the mixed-used development involves determining the expected parking needs, based on the size and type of proposed development components, versus the parking supply. In general, there are multiple methods that can be used to estimate the site’s peak parking needs. Two methods have been used in this analysis and include:  Application of City code requirements (which typically treats each tenancy type as a “stand alone” use at maximum demand).  Application of shared parking usage patterns by time-of-day (which recognizes that the parking demand for each tenancy type varies by time of day, day of week and month of the year). The shared parking analysis starts with a City code calculation for each tenancy type.  Existing parking demand surveys to determine the aggregate parking demand of current tenants, combined with application of shared parking evaluation methodologies for all proposed vacant floor areas in the center. For this assessment, current shared parking methodology outlined in Urban Land Institute’s (ULI) Shared Parking, 2nd Edition combined with the parking surveys (survey-shared approach) of the subject property was utilized. The survey plus shared parking methodology is concluded to be applicable to an existing development such as Diamond Bar Town Center because of the established parking patterns associated with the current tenant mix which would reflect that individual land use types (i.e., eating establishments, retail shops, etc.) experience peak demands at different times of the day, day of the week and month of the year. Diamond Bar Town Center is an existing neighborhood retail center with a mix of uses/tenants and hence the survey-shared parking methodology is concluded to be applicable to a development such as the Project because the subject property is an established development with individual land use types (i.e., eating establishments, retail, medical/dental, financial uses, etc.) that experience peak demands at different times of the day and the parking requirements can be measured. 8.2.c Packet Pg. 108 Carol Merriman June 24, 2021 Page 5 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc CODE PARKING REQUIREMENTS The code parking calculation for Diamond Bar Town Center is based on the City’s requirements as outlined in Chapter 22.30 – Off-Street Parking and Loading Standards of the Municipal Code. The City’s Municipal Code specifies the following parking requirements, which may or may not be applicable to the proposed Project:  Shopping centers (shall use unsegregated parking area): 1 space for each 200 SF of gross floor area for centers of less than 20,000 SF and 1 space for each 250 SF of gross floor area for centers of 20,000 to 50,000 SF, and 1 space for each 300 SF of gross floor area for centers over 50,000 SF, plus 1 space for each 1,000 SF of outdoor display area.  Retail general merchandise: 1 space for each 250 SF of gross floor area, plus 1 space for each 600 SF of storage area, and 1 space for each company vehicle, plus 1 space for each 1,000 SF of outdoor display area.  Restaurants, café, cafeterias: 1 space for each 75 SF of gross floor area for patrons, plus 1 space for each 300 SF of service area, plus one space for each 100 SF of outdoor dining area.  Restaurants, fast-food: 1 space for each 100 SF of gross floor area, plus 1 space for each 100 SF of outdoor dining area.  Clinics, medical/dental office: 1 space for each 250 SF of gross floor area.  Banks and financial services: 1 space for each 300 SF of gross floor area.  Personal Services: 1 space for each 250 SF of gross floor area.  Health/fitness clubs: 1 space for each 150 SF of gross floor area.  Veterinary Clinics: 1 space for each 250 SF of gross floor area plus 1 space for each 800 SF of boarding area. Based on the review of the Project site plan and the current and proposed tenant mix, the Project fits the city’s definition of “Shopping Center”. Therefore, a parking ratio of 1 space per 300 SF has been applied to Project’s commercial retail/food/medical uses. For all other uses, the appropriate parking rate was applied. Table 3 presents the code parking requirements for the existing development plus the proposed tenant mix. As shown, this application of City parking ratios to the existing and proposed mix of uses of Diamond Bar Town Center results in a total parking requirement of 414 parking spaces. Of the total, the current tenant mix would require 396 spaces, while the vacant uses would require an addition 18 spaces, of which 13 spaces would be required by the proposed veterinary office/clinic. With an existing parking supply of 385 spaces, a theoretical code shortfall of 29 spaces is calculated. 8.2.c Packet Pg. 109 Carol Merriman June 24, 2021 Page 6 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc To validate the adequacy of an existing parking supply of 385 spaces at the Diamond Bar Town Center with the mix of uses/tenants and the proposed tenant mix as summarized in Table 1, a shared parking analysis has been prepared based on the utilization profile of each included land use component. The following section calculates the parking requirements for Diamond Bar Town Center based on actual field-studied demands (parking surveys) and the shared parking methodology outlined in ULI Shared Parking, 2nd Edition. SURVEY / SHARED PARKING ANALYSIS This section evaluates the actual field study data for the existing tenancies in combination with a forecast for the existing floor area vacancies, inclusive of the proposed tenant mix, which utilizes the current Urban Land Institute (ULI) shared parking methodology. Given Diamond Bar Town Center is an established retail center development, the collection of parking survey data provides support of the shared parking demands of the existing tenant mix. Shared Parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week, or even months of the year. When uses share a common parking footprint, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day, week, and year), rather than individual peak ratios as represented in Chapter 22.30 – Off-Street Parking and Loading Standards of the City of Diamond Bar Municipal Code. As noted earlier, this parking studies estimates future parking demands for the Diamond Bar Town Center by utilizing existing parking survey data to establish the center’s existing shared parking demand and ULI hourly profiles for vacant veterinary office/clinic use and restaurant floor area. Parking Demand Surveys and Field Study Findings To establish the existing (baseline) shared parking demand of the existing uses at Diamond Bar Town Center, hourly surveys of actual parking demand were conducted at the site from 8:00 AM through 10:00 PM on Monday, November 18, 2019, Friday, November 22, 2019 and Saturday, November 16, 2019. These periods essentially coincide with the hours of operation for tenants of the retail center. 8.2.c Packet Pg. 110 Carol Merriman June 24, 2021 Page 7 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc The parking surveys, conducted by National Data & Surveying (NDS) Services under the direction of LLG, consisted of counting the number of parked vehicles within the entire retail center. This information reflects a more precise parking demand for Diamond Bar Town Center, specifically, the shared parking demand associated with 101,823 SF of occupied floor area (95% occupancy). Appendix A contains the detailed weekday and weekend survey data on a recent Monday, Friday and Saturday, with a summary of the data presented in the following tables noted below. It should be noted that during the time of the counts in 2019 Suite 1106 was occupied with King Bap Korean Restaurant and Suite 1176 was Vacant. Currently, Suite 1106 is now vacant while Suite 1176 is now occupied by Mas Banchan. Since the land use for these two suites has not changed it has been assumed that their parking characteristics will remain similar. To assess the actual parking demands of Diamond Bar Town Center utilization of the actual field study data of the subject property for the existing tenancies that was collected on two weekdays and a weekend (Saturday) in November 2019 has been combined with ULI shared parking techniques applied to the vacant floor area/proposed tenant mix assuming full occupancy of the center. The first column of Tables 4, 5 and 6 summarize presents the existing parking demand for the center. As shown in Tables 4, 5 and 6, the peak parking demand observed at the retail center on Monday, November 18, 2019, and Friday, November 22, 2019, totaled 332 vehicles (86% utilization) and 369 vehicles (96% utilization) at 11:00 AM and 12:00 PM, respectively, while the peak parking demand on Saturday, November 16, 2019, was observed to total 344 vehicles (89% utilization) at 11:00 AM. Close inspection of the detailed weekday and weekend survey data contained in Appendix A indicates that all parking zones were essentially “full” during the Monday and Friday peak hours, with the surplus of available parking located primarily in Zone A, the lot located behind Walmart and CitiBank. It is important to note that based on City code, the existing occupied uses would require 396 spaces whereas the existing observed peak demand for the current tenant mix totaled 369 spaces. Shared Parking Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand) utilized in this analysis and applied to the proposed Project and vacant retail suite at Westgate Plaza are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking, 2nd Edition, unless otherwise noted. 8.2.c Packet Pg. 111 Carol Merriman June 24, 2021 Page 8 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc The ULI publication presents hourly parking demand profiles (employees and customers/visitors are separated) for several general land uses to include retail, restaurant, health club, medical/dental office and bank. These factors present a profile of parking demand over time and have been used directly, by land use type, in the analysis of this project. The ULI profiles of parking demand have been used directly, by land use type, in the analysis of this site and are applied to the applicable City parking ratio. The ULI Shared Parking publication includes several categories for restaurants. For this analysis, the parking profile for family restaurant was utilized for the vacant restaurant floor area of 1,582 SF in Suite 1176. Like the retail profiles, the restaurant profiles are derived exactly from the ULI baseline. The restaurant-parking ratio utilized in this analysis exactly matches the City code rate of 1 space per 100 SF of GFA. According to the Shared Parking publication, family restaurant uses peak demand occurs between 12:00 PM and 1:00 PM on the weekdays and weekends. The ULI medical/dental office was applied directly to the proposed 3,620 SF veterinary office/clinic use in Suite 1114. The medical/dental office parking ratio utilized in this analysis exactly matches the City code of a rate of 1 space for each 250 SF of GFA plus 1 space for each 800 SF of boarding area. According to the Shared Parking publication, medical/dental office uses peak demand occurs between 10:00 AM and 12:00 PM and between 2:00 PM and 4:00 PM on the weekday. On the weekend the peak demand occurs between 10:00 AM and 12:00 PM. Application of Survey Plus Shared Parking Methodology In order to determine the most appropriate peak-parking requirement for Diamond Bar Town Center upon full occupancy of vacant floor area, utilization of the actual survey data for the existing land uses has been combined with ULI shared parking techniques applied to the vacant retail and restaurant floor area. Tables 4, 5 and 6 present the overall weekday (Monday and Friday) and weekend (Saturday) parking demand profiles for the retail center based on the shared parking methodology, assuming full occupancy of the center and including the vacant uses. Column (1) of Tables 4, 5 and 6 presents a summary of the weekday (Monday and Friday) and weekend (Saturday) parking survey data collected at the site in November 2019, respectively, while Column (2) summarizes the hourly parking surplus/deficiency for the existing tenant mix and occupied floor area (i.e. 101,823 SF / 95% occupancy) compared to the existing parking supply of 385 spaces; the 8.2.c Packet Pg. 112 Carol Merriman June 24, 2021 Page 9 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc percentage surplus/deficiency is also noted in this column. Columns (3) and (4) presents the parking accumulation characteristics for the prior vacant restaurant and veterinary office/clinic floor area uses for the hours of 8:00 AM to 10:00 PM. Column (5) presents the expected joint-use parking demand for the entire site on an hourly basis, while Column (6) summarizes the hourly parking surplus/deficiency for the Diamond Bar Town Center compared to the existing parking supply of 385 spaces; the percentage surplus/deficiency is also noted in this column. Review of Tables 4 and 5 shows that the overall weekday peak-parking requirement for the Diamond Bar Town Center, assuming full occupancy, on a Monday and Friday occurs at 11:00 AM and 12:00 PM and totals 355 spaces and 387 spaces, respectively. On a weekend (Saturday), the peak parking requirements for the site occurs at 11:00 AM, with a forecast parking demand of 372 spaces (see Table 6). Based on a parking supply of 385 spaces, a minimum functional surplus of 30 spaces and 13 spaces are forecast during the Monday and Saturday peak hour, respectively, whereas a parking deficiency of 2 spaces would be forecast during the Friday peak hour. Appendix B contains the detailed weekday and weekend shared parking worksheets. Figures 4, 5 and 6 graphically illustrate the weekday (Monday and Friday) and weekend (Saturday) hourly parking demand forecast for the Project, respectively. Each land use component and its corresponding hourly Shared Parking demand for various mixes of uses, which were presented in Tables 4, 5 and 6, are depicted in these three figures relative to an overall parking supply of 385 spaces. Also shown on these figures are the parking supply for the main parking field (Zones B, C, D, F H and I: 296 spaces, the parking zones fronting Diamond Bar Boulevard (Zones E, G and J: 40 spaces), and the parking lots at the rear of the buildings (Zones A, K and L: 49 spaces). A review of these figures indicates that the existing parking supply of 385 spaces will be exceeded during one hour on a Friday. All other times there is adequate parking to accommodate the existing/proposed tenant mix. It should be noted that the parking zones directly in front of the vacant suites, Zones D, F and H, are all considered “full” during the weekday and weekend peaks. Therefore, occupancy of Suites 1114 and 1176 would further enhance the lack of parking in close proximity to these suites. 8.2.c Packet Pg. 113 Carol Merriman June 24, 2021 Page 10 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc To help address the parking shortfall, ROIC has identified parking areas that are currently being modified/restriped to accommodate additional parking. Figure 7 presents an aerial photograph of the site and highlights the areas that are currently undergoing modifications. It is our understanding that the proposed parking modifications will be completed before occupancy of the Project. As a result, an additional 21 spaces will be added to the existing parking supply of 385 for a total future supply of 406 spaces. With implementation of the additional 21 spaces the weekday (Monday and Friday) and weekend (Saturday) conditions would yield parking surpluses of 50 spaces, 18 spaces and 33 spaces, respectively. Figures 4, 5 and 6 graphically illustrate the weekday (Monday and Friday) and weekend (Saturday) hourly parking demand forecast for the Project, respectively. It should be noted that in addition to the above, ROIC will have 10 monthly bus passes for Foothill Transit available to Walmart employees to help reduce on-site parking. As a result, an additional 10 spaces could be available for customer use. SUMMARY OF FINDINGS AND CONCLUSIONS 1. Diamond Bar Town Center is an established mixed-used retail center with a total floor area of 107,025 square-feet (SF). The current tenant mix, which occupies 101,823 SF, includes Walmart, Crunch Fitness and a variety of retail/commercial and restaurant/food uses. The remaining floor area of 5,202 SF consists of two suits with proposed uses that include 3,620 SF of proposed veterinary office/clinic use and 1,582 SF of prior vacant restaurant use. The existing parking supply for Diamond Bar Town Center totals 385 spaces. 2. Direct application of City parking codes to the existing and proposed mix of uses results in a total parking requirement of 414 parking spaces. When compared against the existing parking supply of 385 spaces the Center has a theoretical shortfall of 29 spaces. 3. Given the mix of tenancies within the existing retail/commercial center, a survey plus shared parking analysis has been prepared and indicates that peak weekday parking demand would total 387 parking spaces at 12:00 PM, which results in a shortfall of 2 spaces when compared to the existing supply of 385 spaces. Peak overall demands on a Weekend are forecast at 372 spaces at 11:00 AM, for a surplus of 13 spaces. 8.2.c Packet Pg. 114 Carol Merriman June 24, 2021 Page 11 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc To address the parking shortfall, ROIC has identified areas where modifications/restriping are currently being made which will result in the addition of 21 spaces. It is our understanding that the proposed parking modifications will be completed before occupancy of the Project. With implementation of the additional 21 spaces the weekday (Monday and Friday) and weekend (Saturday) conditions would yield parking surpluses of 51 spaces, 19 spaces and 34 spaces, respectively. * * * * * * * * * * We appreciate the opportunity to prepare this analysis for the proposed Diamond Bar Town Center Project and the City of Diamond Bar. Should you have any questions or need additional assistance, please do not hesitate to call me at (949) 825-6175. Very truly yours, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal cc: Shane S. Green, P.E., LLG Attachments 8.2.c Packet Pg. 115 8.2.cPacket Pg. 116 8.2.cPacket Pg. 117 8.2.cPacket Pg. 118 8.2.cPacket Pg. 119 8.2.cPacket Pg. 120 8.2.cPacket Pg. 121 8.2.cPacket Pg. 122 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc TABLE 1 EXISTING AND PROPOSED PROJECT DEVELOPMENT SUMMARY [1] DIAMOND BAR TOWN CENTER PROJECT, DIAMOND BAR Building Tenant Land Use Hours of Operation Retail Fine & Casual Dining Family Restaurant Fast-Food Restaurant Personal Services Dry Cleaners Medical/Dental Office Health Club Bank 1100 Chase Bank Bank M-F: 9am - 6pm, Sat: 9am - 4pm, Sun: Closed 5,210 5,210 SF 1104 Sun Labs Medical/Dental Office M/T/Th/F: 8am - 1pm, 2pm - 5pm, W/Sat: 8am - 12pm, Sun: Closed 1,050 1,050 SF 1106 Vacant/Proposed Fine & Casual Dining [2]Fine & Casual Dining N/A 1,050 1,050 SF 1108 Dr. Lee Dentistry Medical/Dental Office M-F: 9am - 6pm, Sat: 9am - 1pm, Sun: Closed 1,680 1,680 SF 1118 Nekter Juice Bar Fast-Food Restaurant M-F: 7am - 8pm, Sat/Sun: 8am - 8pm 900 900 SF 1120 La Vie Nails and Spa Personal Services M-Sat: 9:30am - 7pm, Sun: 10am - 5:30pm, Tues: Closed 900 900 SF 1122 Lolicup Fast-Food Restaurant M-Sun: 10:30am - 10pm 900 900 SF 1124-26 Jade House Seafood and BBQ Restaurant Fine & Casual Dining M-Sun: 10am - 10pm 2,700 2,700 SF 1128 Enterprise Rent-A-Car Personal Services M-F: 8am - 6pm, Sat: 9am - 12pm, Sun: Closed 900 900 SF 1130 Better Health Chiropractic Medical/Dental Office M/W/F: 9am - 6:30pm, Tu/Sat: 10am - 1pm, Th/Sun: Closed 1,550 1,550 SF 1136 Saigon Noodle House Fine & Casual Dining M-Sat: 10am - 9pm, Sun: 11am - 8:30pm 2,921 2,921 SF 1138 Julie's Café Family Restaurant Tu-Sat: 7am - 3pm, M/Sun: Closed 1,159 1,159 SF 1140-1144 Crunch Fitness Health Club M-Th: 5am - 11pm, F: 5am - 9pm, Sat/Sun: 7am - 7pm 16,800 16,800 SF 1150 Wells Fargo Bank Bank M-F: 9am - 6pm, Sat: 9am - 4pm, Sun: Closed 3,600 3,600 SF 1160 The UPS Store Retail M-F: 8am - 7pm, Sat: 9am - 4pm, Sun: Closed 1,750 1,750 SF 1164 One Hour Cleaners Dry Cleaners M-F: 9am - 7pm, Sat: 8am - 5pm, Sun: Closed 1,330 1,330 SF 1168 Future Proof Healing Center Medical/Dental Office M-Sun: 9am - 9pm 1,050 1,050 SF 1174 Mike's Tobacco Retail M-Sat: 9am - 10pm, Sun: 10am - 8pm 1,050 1,050 SF 1178 Kyla Sushi & Japanese Cuisine Fine & Casual Dining Tu-Th: 11:30am - 2pm, 5pm - 9pm, F: 11:30am - 2pm, 5pm - 10pm, Sat: 11:30am - 2pm, 5pm - 9:30pm, Sun: 12pm - 2:30pm, 5pm - 9pm, M: Closed 1,898 1,898 SF 1180 Walmart Retail M-Sun: 6am - 1pm 40,755 40,755 SF 1188 Citi Bank Bank M-F: 10am - 5pm, Sat: 10am - 2pm, Sun: Closed 5,987 5,987 SF 1196 Bank of America Bank M-F: 9am - 6pm, Sat: 9am - 2pm, Sun: Closed 6,683 6,683 SF EXISTING SUBTOTAL 43,555 8,569 1,159 1,800 1,800 1,330 5,330 16,800 21,480 101,823 SF 1114 Vacant/Proposed Veterinary Medical/Dental Office N/A 3,620 3,620 SF 1176 Prior Vacancy/Current Mas Banchan [3]Family Restaurant M/Tu/Th: 7am - 8pm, F: 7am - 9pm Sun: 7am - 2pm Wed: Closed 1,582 1,582 SF VACANT/PROPOSED SUBTOTAL 0 0 1,582 0 0 0 3,620 0 0 5,202 SF TOTAL 43,555 8,569 2,741 1,800 1,800 1,330 8,950 16,800 21,480 107,025 SF PERCENT LAND USE MIX 40.7%8.0%2.6%1.7%1.7%1.2%8.4%15.7%20.0% Notes: [1] Source: ROIC, tenant information supplemented with field observations conducted by LLG in November 2019. [2] During the time of counts Suite 1106 was occupied with King Bap Korean Restaurant, but is now vacant. Therefore, for consistency purposes Suite 1106 is included in the existing occupancy summary. [3] During the time of counts Suite 1176 was Vacant, but is now occupied with a family restaurant. Therefore, for consistency purposes Suite 1176 is included in the vacancy summary. 100.0% Building Size (SF) 8.2.c Packet Pg. 123 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc TABLE 2 SUMMARY OF EXISTING PARKING SUPPLY [1] DIAMOND BAR TOWN CENTER PROJECT, DIAMOND BAR Zone Regular Handicapped Reserved [2]Time Restricted [3]Total A 10 2 0 5 17 B 45 4 0 0 49 C 54 3 2 10 69 D 46 0 6 0 52 E 11 1 0 2 14 F 48 0 0 0 48 G 11 1 0 0 12 H 37 0 0 0 37 I 15 3 0 23 41 J 1 1 13 0 15 K 11 0 10 0 21 L 10 0 0 0 10 TOTAL 299 15 31 40 385 Notes: [1] Parking inventory of supply was conducted in November 2019. [2] Reserved parking spaces include spaces for Enterprise, Chase, Walmart Pick Up, Law Enforcement, and Bank of America. [3] Time Restrticted parking spaces include spaces for 15, 20, and 30 minutes. 8.2.c Packet Pg. 124 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc TABLE 3 CITY CODE PARKING REQUIREMENTS [1] DIAMOND BAR TOWN CENTER PROJECT, DIAMOND BAR Land Use City of Diamond Bar Code Parking Ratio Spaces Required Existing Tenant Mix Retail 43,555 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.145 Fine & Casual Dining 8,569 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.29 Family Restaurant 1,159 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.4 Fast-Food Restaurant 1,800 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.6 Personal Services 1,800 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.6 Dry Cleaners 1,330 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.4 Medical/Dental Office 5,330 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.18 Health Club 16,800 SF 1 space per 150 SF of GFA 112 Bank 21,480 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.72 Vacant/Proposed Project Prior Vacany/Current Family Restaurant 1,582 SF 1 space per 300 SF of GFA for centers over 50,000 SF, plus 1 space per 1,000 SF of outdoor display area.5 Vacant/Proposed Veterinary Office 3,620 SF [2]1 space for each 250 SF of GFA plus 1 space for each 800 SF of boarding area 13 396 18 414 385 -29 Notes: [1] Source: City of Diamond Bar Municipal Code, Sec. 22.30.040 - Number of Parking Spaces Required. A. TOTAL OCCUPIED PARKING CODE REQUIREMENT Size B. TOTAL VACANT/PROPOSED PARKING CODE REQUIREMENT C. TOTAL PARKING CODE REQUIREMENT BASED ON FULL OCCUPANCY D. PROPOSED PARKING SUPPLY E. PARKING SURPLUS/DEFICIENCY (+/-) BASED ON FULL OCCUPANCY (D - C) [2] 3,620 SF of proposed veterinary office consists of 3,082 SF of veterinary use and 538 SF of boarding area. 8.2.c Packet Pg. 125 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc TABLE 4 WEEKDAY SURVEY PLUS SHARED PARKING DEMAND ANALYSIS [1] - MONDAY DIAMOND BAR TOWN CENTER PROJECT, DIAMOND BAR Land Use Existing Center (Year 2019) Prior Vacany/Current Family Restaurant Proposed Veterinary Office Size 1.582 KSF 3.620 KSF Pkg Rate[2] Gross 16 Spc.13 Spc.Parking Supply Spaces 385 Spaces Shared 385 Spaces Surplus Percent Surplus Number of Number of Parking Surplus Percent Surplus Time of Day (Deficiency)(Deficiency)Spaces Spaces Demand (Deficiency)(Deficiency) 8:00 AM 156 229 59%7 10 173 212 55% 9:00 AM 249 136 35%8 12 269 116 30% 10:00 AM 319 66 17%9 13 341 44 11% 11:00 AM 332 53 14%10 13 355 30 8% 12:00 PM 306 79 21%11 7 324 61 16% 1:00 PM 299 86 22%10 12 321 64 17% 2:00 PM 308 77 20%6 13 327 58 15% 3:00 PM 301 84 22%5 13 319 66 17% 4:00 PM 318 67 17%5 12 335 50 13% 5:00 PM 323 62 16%8 11 342 43 11% 6:00 PM 252 133 35%9 9 270 115 30% 7:00 PM 239 146 38%9 4 252 133 35% 8:00 PM 210 175 45%9 2 221 164 43% 9:00 PM 152 233 61%7 0 159 226 59% 10:00 PM 109 276 72%6 0 115 270 70% Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [3] Existing parking counts conducted by National Data & Surveying Services (NDS) on Monday, November 18, 2019. Comparison with Parking Supply [4] [4] Although the code parking requirement for shopping center is applicable for Suite 1176, for shared parking purposes LLG recommends using the restaurant parking ratio from City code. Therefore, a parking ratio of 1 per 75 SF of GFA was applied to 1107 SF and a ratio of 1 per 300 SF was applied to 475 SF for a total parking requirement of 16 spaces for Suite 1176. Observed Actual [2] Parking rates for all land uses based on City code. Hourly Parking Demand [3] Comparison with See Table 3 8.2.c Packet Pg. 126 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc TABLE 5 WEEKDAY SURVEY PLUS SHARED PARKING DEMAND ANALYSIS [1] - FRIDAY DIAMOND BAR TOWN CENTER PROJECT, DIAMOND BAR Land Use Existing Center (Year 2019) Prior Vacany/Current Family Restaurant Proposed Veterinary Office Size 1.582 KSF 3.620 KSF Pkg Rate[2] Gross 16 Spc.13 Spc.Parking Supply Spaces 385 Spaces Shared 385 Spaces Surplus Percent Surplus Number of Number of Parking Surplus Percent Surplus Time of Day (Deficiency)(Deficiency)Spaces Spaces Demand (Deficiency)(Deficiency) 8:00 AM 164 221 57%7 10 181 204 53% 9:00 AM 268 117 30%8 12 288 97 25% 10:00 AM 326 59 15%9 13 348 37 10% 11:00 AM 355 30 8%10 13 378 7 2% 12:00 PM 369 16 4%11 7 387 (2)-1% 1:00 PM 344 41 11%10 12 366 19 5% 2:00 PM 317 68 18%6 13 336 49 13% 3:00 PM 285 100 26%5 13 303 82 21% 4:00 PM 293 92 24%5 12 310 75 19% 5:00 PM 266 119 31%8 11 285 100 26% 6:00 PM 240 145 38%9 9 258 127 33% 7:00 PM 224 161 42%9 4 237 148 38% 8:00 PM 179 206 54%9 2 190 195 51% 9:00 PM 159 226 59%7 0 166 219 57% 10:00 PM 134 251 65%6 0 140 245 64% Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [3] Existing parking counts conducted by National Data & Surveying Services (NDS) on Friday, Novemeber 22, 2019. See Table 3 Comparison with [2] Parking rates for all land uses based on City code. Hourly Parking Demand [3] Observed Actual Comparison with Parking Supply [4] [4] Although the code parking requirement for shopping center is applicable for Suite 1176, for shared parking purposes LLG recommends using the restaurant parking ratio from City code. Therefore, a parking ratio of 1 per 75 SF of GFA was applied to 1107 SF and a ratio of 1 per 300 SF was applied to 475 SF for a total parking requirement of 16 spaces for Suite 1176. 8.2.c Packet Pg. 127 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc TABLE 6 WEEKEND SURVEY PLUS SHARED PARKING DEMAND ANALYSIS [1] - SATURDAY DIAMOND BAR TOWN CENTER PROJECT, DIAMOND BAR Land Use Existing Center (Year 2019) Prior Vacany/Current Family Restaurant Proposed Veterinary Office Size 1.582 KSF 3.620 KSF Pkg Rate[2]Comparison with Gross 16 Spc.13 Spc.Parking Supply Spaces 385 Spaces Shared 385 Spaces Surplus Percent Surplus Number of Number of Parking Surplus Percent Surplus Time of Day (Deficiency)(Deficiency)Spaces Spaces Demand (Deficiency)(Deficiency) 8:00 AM 167 218 57%8 10 185 200 52% 9:00 AM 275 110 29%12 12 299 86 22% 10:00 AM 323 62 16%15 13 351 34 9% 11:00 AM 344 41 11%15 13 372 13 3% 12:00 PM 315 70 18%16 7 338 47 12% 1:00 PM 315 70 18%14 0 329 56 15% 2:00 PM 236 149 39%11 0 247 138 36% 3:00 PM 232 153 40%8 0 240 145 38% 4:00 PM 229 156 41%8 0 237 148 38% 5:00 PM 168 217 56%10 0 178 207 54% 6:00 PM 176 209 54%12 0 188 197 51% 7:00 PM 176 209 54%12 0 188 197 51% 8:00 PM 113 272 71%11 0 124 261 68% 9:00 PM 85 300 78%6 0 91 294 76% 10:00 PM 52 333 86%5 0 57 328 85% Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on City code. [3] Existing parking counts conducted by National Data & Surveying Services (NDS) on Saturday, November 16, 2019. See Table 3 [4] Please note Table 3 identifies the code for a Shopping Center. For shared parking purposes a parking ratio of 1 space per 75 SF of GFA for patrons, plus 1 space per 300 SF of service area, plus 1 space per 100 SF of outdoor dining area has been used. A parking ratio of 1 per 75 SF of GFA was applied to 1107 SF and a ratio of 1 per 300 SF was applied to 475 SF. No SF was applied to outdoor dining area. Comparison with Parking Supply [See Table 3] Demand [3] Actual Observed Hourly Parking 8.2.c Packet Pg. 128 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc APPENDIX A EXISTING DIAMOND BAR TOWN CENTER PARKING DEMAND COUNTS 8.2.c Packet Pg. 129 Location:1100‐1188 Diamond Bar BoulevardDate:11/16/2019City:Diamond BarDay :SaturdayRegular HC20 Min (Green curb)Zone A Percent OccupancyRegular HCZone B Percent OccupancyRegular HC30 Min (Bank Customer)Zone C Percent OccupancyRegularReserved PickupZone D Percent OccupancyRegular HC30 Min (Bank Customer)Zone E Percent OccupancyRegularZone F Percent OccupancyRegular HCZone G Percent OccupancyRegularZone H Percent OccupancyRegularHC15 Min (Green curb)Zone I Percent OccupancyRegular HCGreen curb (Bank Parking Employee)Green curb (Bank Parking)Zone J Percent OccupancyRegularEnterprice Parking OnlyIllegal UnmarkedZone K Percent OccupancyRegular CompactIllegal UnmarkedZone L Percent OccupancyINVENTORY10 2 5 17 45 4 49 56 3 10 69 46 6 52 11 1 2 14 48 48 11 1 12 37 37 15 3 23 41 1 1 2 11 15 11 1021 5 5103858:00 AM1 0 1 11.8% 7 0 14.5% 20 0 0 29.0% 18 1 37.1% 0 0 1 7.1% 32 66.7% 8 0 66.7% 35 94.6% 15 1 10 63.4% 0 1 2 2 33.3% 3 7 1 52.4% 0 1 0 10.0%1679:00 AM3 2 4 52.9% 26 0 54.1% 38 0 6 63.8% 43 2 87.8% 0 0 2 14.3% 47 97.9% 10 1 91.7% 33 89.2% 11 3 19 80.5% 2 1 2 2 46.7% 6 8 2 76.2% 0 2 0 20.0%27510:00 AM3 2 4 52.9% 34 3 76.6% 47 3 8 84.1% 43 1 86.2% 5 1 2 57.1% 45 93.8% 11 1 100.0% 37 100.0% 15 3 21 95.1% 3 0 1 4 53.3% 6 5 4 71.4% 5 5 1 110.0%32311:00 AM3 2 4 52.9% 36 1 76.6% 50 2 8 87.0% 45 1 90.1% 11 1 2 100.0% 48 100.0% 11 0 91.7% 37 100.0% 15 2 22 95.1% 4 1 2 7 93.3% 8 6 5 90.5% 5 4 1 100.0%34412:00 PM3 2 2 41.2% 39 3 86.6% 56 3 10 100.0% 30 2 63.5% 5 1 1 50.0% 39 81.3% 8 0 66.7% 37 100.0% 13 3 20 87.8% 2 1 25 66.7% 6 85 90.5% 4 5 0 90.0%3151:00 PM1 1 4 35.3% 43 1 90.5% 53 2 9 92.8% 35 1 71.0% 11 0 2 92.9% 41 85.4% 7 0 58.3% 35 94.6% 12 2 15 70.7% 3 0 2 4 60.0% 7 7 7 100.0% 5 5 0 100.0%3152:00 PM1 1 3 29.4% 23 2 51.6% 29 2 2 47.8% 31 0 60.5% 2 1 2 35.7% 33 68.8% 7 0 58.3% 29 78.4% 13 3 17 80.5% 3 0 2 3 53.3% 6 6 8 95.2% 5 2 0 70.0%2363:00 PM0 2 5 41.2% 9 2 23.3% 38 2 0 58.0% 30 0 58.8% 3 0 2 35.7% 37 77.1% 7 0 58.3% 25 67.6% 12 3 20 85.4% 3 0 2 3 53.3% 6 6 8 95.2% 5 2 0 70.0%2324:00 PM0 2 5 41.2% 14 0 29.4% 35 1 0 52.2% 31 3 66.4% 2 0 2 28.6% 38 79.2% 5 0 41.7% 27 73.0% 15 2 13 73.2% 3 1 2 3 60.0% 4 6 7 81.0% 5 3 0 80.0%2295:00 PM0 2 3 29.4% 10 0 21.0% 34 2 0 52.2% 16 1 33.7% 0 0 0 0.0% 24 50.0% 5 0 41.7% 21 56.8% 12 2 13 65.9% 3 0 0 0 20.0% 4 6 5 71.4% 3 2 0 50.0%1686:00 PM0 2 4 35.3% 8 0 17.0% 35 1 0 52.2% 15 1 31.8% 2 0 1 21.4% 28 58.3% 9 1 83.3% 27 73.0% 14 1 8 56.1% 1 0 0 0 6.7% 3 7 3 61.9% 3 2 0 50.0%1767:00 PM0 2 2 23.5% 8 1 18.8% 27 1 0 40.6% 20 2 43.1% 0 0 0 0.0% 30 62.5% 11 1 100.0% 28 75.7% 13 2 10 61.0% 1 0 0 0 6.7% 2 7 3 57.1% 3 2 0 50.0%1768:00 PM0 0 2 11.8% 5 0 10.4% 18 3 0 30.4% 11 1 23.7% 0 0 1 7.1% 10 20.8% 9 0 75.0% 9 24.3% 9 2 15 63.4% 0 0 0 0 0.0% 3 7 3 61.9% 2 3 0 50.0%1139:00 PM0 1 1 11.8% 3 0 6.4% 14 3 0 24.6% 11 0 21.6% 0 0 0 0.0% 8 16.7% 4 0 33.3% 7 18.9% 8 0 6 34.1% 0 0 0 0 0.0% 5 6 2 61.9% 3 3 0 60.0%8510:00 PM0 0 1 5.9% 5 0 10.3% 11 1 0 17.4% 9 0 17.6% 0 0 0 0.0% 1 2.1% 0 0 0.0% 3 8.1% 30 3 14.6% 0 0 00 0.0% 4 61 52.4% 2 2 0 40.0%52ABCLIJKPrepared by National Data & Surveying ServicesParking StudyTOTALTIMEDEFGHA-28.2.cPacket Pg. 130 Location:1100‐1188 Diamond Bar BoulevardDate:11/18/2019City:Diamond BarDay :MondayRegular HC20 Min (Green curb)Illegal UnmarkedZone A Percent OccupancyRegular HCZone B Percent OccupancyRegular HC30 Min (Bank Customer)Zone C Percent OccupancyRegularReserved PickupZone D Percent OccupancyRegular HC30 Min (Bank Customer)Zone E Percent OccupancyRegularZone F Percent OccupancyRegular HCZone G Percent OccupancyRegularZone H Percent OccupancyRegularHC15 Min (Green curb)Zone I Percent OccupancyRegular HCGreen curb (Bank Parking Employee)Green curb (Bank Parking)Zone J Percent OccupancyRegularEnterprice Parking OnlyIllegal UnmarkedZone K Percent OccupancyRegular CompactZone L Percent OccupancyINVENTORY10 2 517 45 4 49 56 3 10 69 46 6 52 11 1 2 14 48 48 11 1 12 37 37 15 3 23 41 1 1 2 11 15 11 1021 5 5 103858:00 AM2 2 2 0 35.3% 10 0 20.4% 26 1 4 44.9% 13 0 25.0% 0 0 1 7.1% 20 41.7% 0 0 0.0% 24 64.9% 14 1 11 63.4% 2 1 2 4 60.0% 5 5 2 57.1% 1 3 40.0%1549:00 AM2 0 2 1 29.4% 21 0 42.9% 28 2 2 46.4% 39 0 75.0% 8 0 1 64.3% 46 95.8% 3 0 25.0% 37 100.0% 15 3 11 70.7% 1 0 2 4 46.7% 7 8 2 81.0% 1 3 40.0%24610:00 AM3 2 4 0 52.9% 33 2 71.4% 46 1 4 73.9% 46 2 92.3% 6 0 2 57.1% 48 100.0% 10 1 91.7% 37 100.0% 14 3 22 95.1% 1 0 2 4 46.7% 11 10 1 104.8% 1 3 40.0%31811:00 AM3 2 3 1 52.9% 44 2 93.9% 54 2 5 88.4% 42 1 82.7% 11 1 2 100.0% 42 87.5% 11 1 100.0% 35 94.6% 14 3 23 97.6% 1 0 2 4 46.7% 12 5 2 90.5% 1 3 40.0%32912:00 PM1 2 30 35.3% 38 3 83.7% 53 3 8 92.8% 40 2 80.8% 9 1 2 85.7% 41 85.4% 11 1 100.0% 31 83.8% 15 2 11 68.3% 3 1 25 73.3% 7 43 66.7% 1 3 40.0%3031:00 PM2 2 4 1 52.9% 40 3 87.8% 50 2 8 87.0% 35 1 69.2% 4 1 1 42.9% 45 93.8% 11 1 100.0% 33 89.2% 14 2 13 70.7% 3 0 2 4 60.0% 7 4 3 66.7% 1 2 30.0%2952:00 PM2 2 4 0 47.1% 39 2 83.7% 53 3 7 91.3% 36 2 73.1% 4 0 1 35.7% 37 77.1% 11 1 100.0% 37 100.0% 14 3 18 85.4% 4 0 2 3 60.0% 10 5 4 90.5% 2 2 40.0%3043:00 PM1 2 5 0 47.1% 38 2 81.6% 50 3 8 88.4% 40 4 84.6% 6 0 2 57.1% 39 81.3% 6 1 58.3% 25 67.6% 14 2 21 90.2% 4 1 1 5 73.3% 9 6 3 85.7% 1 2 30.0%2984:00 PM3 1 5 0 52.9% 42 3 91.8% 45 3 8 81.2% 40 3 82.7% 6 1 2 64.3% 42 87.5% 9 0 75.0% 37 100.0% 15 2 21 92.7% 4 1 2 2 60.0% 11 5 2 85.7% 1 2 30.0%3165:00 PM1 1 5 0 41.2% 35 1 73.5% 55 3 7 94.2% 46 3 94.2% 7 1 2 71.4% 48 100.0% 8 0 66.7% 37 100.0% 15 3 20 92.7% 1 0 0 1 13.3% 10 7 3 95.2% 0 3 30.0%3206:00 PM0 1 4 0 29.4% 15 0 30.6% 41 1 2 63.8% 38 1 75.0% 11 1 2 100.0% 44 91.7% 9 0 75.0% 35 94.6% 15 1 14 73.2% 0 0 0 0 0.0% 7 5 3 71.4% 1 1 20.0%2497:00 PM1 1 3 0 29.4% 10 0 20.4% 34 0 1 50.7% 38 1 75.0% 4 0 1 35.7% 48 100.0% 10 0 83.3% 36 97.3% 14 3 18 85.4% 1 0 0 1 13.3% 4 5 4 61.9% 0 1 10.0%2358:00 PM0 0 2 0 11.8% 12 0 24.5% 31 2 0 47.8% 35 2 71.2% 3 0 0 21.4% 40 83.3% 6 0 50.0% 34 91.9% 13 1 14 68.3% 1 0 0 0 6.7% 5 5 3 61.9% 1 0 10.0%2079:00 PM0 2 5 0 41.2% 9 0 18.4% 26 1 0 39.1% 16 2 34.6% 0 0 0 0.0% 34 70.8% 1 0 8.3% 20 54.1% 13 2 8 56.1% 0 0 0 0 0.0% 5 5 2 57.1% 1 0 10.0%15010:00 PM0 0 00 0.0% 3 0 6.1% 15 0 0 21.7% 9 1 19.2% 1 0 2 21.4% 25 52.1% 0 0 0.0% 24 64.9% 92 9 48.8% 0 0 00 0.0% 3 51 42.9% 0 0 0.0%108ABCPrepared by National Data & Surveying ServicesParking StudyTOTALDEFGHTIMELIJKA-38.2.cPacket Pg. 131 Location:1100‐1188 Diamond Bar BoulevardDate:11/22/2019City:Diamond BarDay :FridayRegular HC20 Min (Green curb)Zone A Percent OccupancyRegular HCZone B Percent OccupancyRegular HC30 Min (Bank Customer)Zone C Percent OccupancyRegularReserved PickupZone D Percent OccupancyRegular HC30 Min (Bank Customer)Zone E Percent OccupancyRegularZone F Percent OccupancyRegular HCZone G Percent OccupancyRegularZone H Percent OccupancyRegularHC15 Min (Green curb)Zone I Percent OccupancyRegular HCGreen curb (Bank Parking Employee)Green curb (Bank Parking)Zone J Percent OccupancyRegularEnterprice Parking OnlyIllegal UnmarkedZone K Percent OccupancyRegular CompactIllegal UnmarkedZone L Percent OccupancyINVENTORY10 2 5 17 45 4 49 56 3 10 69 46 6 52 11 1 2 14 48 48 11 1 12 37 37 15 3 23 41 1 1 2 11 15 11 1021 5 5103858:00 AM0 0 2 11.8% 5 1 12.5% 15 2 0 24.6% 17 0 33.2% 2 0 0 14.3% 45 93.8% 4 0 33.3% 37 100.0% 9 3 6 43.9% 0 0 2 3 33.3% 4 5 0 42.9% 1 1 0 20.0%1649:00 AM2 1 3 35.3% 27 0 55.8% 45 0 4 71.0% 23 4 53.3% 5 0 2 50.0% 47 97.9% 9 1 83.3% 37 100.0% 12 3 19 82.9% 4 0 2 3 60.0% 5 6 0 52.4% 3 1 0 40.0%26810:00 AM3 1 4 47.1% 37 2 80.6% 55 1 8 92.8% 44 1 88.3% 6 0 2 57.1% 48 100.0% 11 1 100.0% 37 100.0% 10 2 14 63.4% 4 1 2 7 93.3% 9 8 0 81.0% 4 4 0 80.0%32611:00 AM2 2 3 41.2% 44 1 92.7% 56 2 10 98.6% 46 1 92.3% 10 0 2 85.7% 48 100.0% 11 1 100.0% 37 100.0% 15 3 19 90.2% 4 1 2 7 93.3% 9 8 2 90.5% 4 4 1 90.0%35512:00 PM1 2 5 47.1% 45 3 98.9% 56 2 9 97.1% 46 5 99.9% 11 1 2 100.0% 48 100.0% 11 1 100.0% 37 100.0% 15 3 20 92.7% 3 1 27 86.7% 12 81 100.0% 5 5 2 120.0%3691:00 PM1 2 5 47.1% 43 3 94.8% 55 3 10 98.6% 46 3 96.1% 9 1 2 85.7% 45 93.8% 7 0 58.3% 37 100.0% 14 2 18 82.9% 3 1 2 5 73.3% 11 5 1 81.0% 5 5 0 100.0%3442:00 PM1 1 4 35.3% 32 4 74.2% 53 3 8 92.8% 46 2 94.1% 7 0 2 64.3% 42 87.5% 8 0 66.7% 35 94.6% 13 2 18 80.5% 2 0 1 5 53.3% 11 6 1 85.7% 5 5 0 100.0%3173:00 PM0 1 4 29.4% 40 3 88.4% 42 2 4 69.6% 38 1 76.3% 8 1 2 78.6% 37 77.1% 8 0 66.7% 36 97.3% 12 1 17 73.2% 2 0 1 7 66.7% 8 3 0 52.4% 5 2 0 70.0%2854:00 PM0 2 4 35.3% 36 2 78.3% 48 3 5 81.2% 44 6 97.7% 5 0 2 50.0% 40 83.3% 7 0 58.3% 35 94.6% 14 1 15 73.2% 3 1 1 3 53.3% 4 4 1 42.9% 5 2 0 70.0%2935:00 PM0 2 4 35.3% 28 1 59.9% 38 1 5 63.8% 45 6 99.3% 2 0 2 28.6% 35 72.9% 9 0 75.0% 32 86.5% 15 0 18 80.5% 2 1 0 3 40.0% 6 3 1 47.6% 4 3 0 70.0%2666:00 PM0 1 3 23.5% 25 0 51.5% 32 0 3 50.7% 39 6 87.5% 2 0 1 21.4% 32 66.7% 9 0 75.0% 33 89.2% 14 0 19 80.5% 3 0 0 3 40.0% 4 3 1 38.1% 4 3 0 70.0%2407:00 PM0 1 3 23.5% 19 0 39.3% 30 0 3 47.8% 40 4 85.5% 2 0 1 21.4% 35 72.9% 8 0 66.7% 30 81.1% 13 0 18 75.6% 2 0 0 2 26.7% 4 3 0 33.3% 4 2 0 60.0%2248:00 PM0 0 4 23.5% 13 0 27.0% 12 0 2 20.3% 36 2 73.5% 1 0 0 7.1% 31 64.6% 6 0 50.0% 26 70.3% 14 0 17 75.6% 2 0 0 2 26.7% 4 3 0 33.3% 2 2 0 40.0%1799:00 PM0 0 2 11.8% 10 0 20.6% 18 0 0 26.1% 33 2 67.8% 1 0 1 14.3% 24 50.0% 6 0 50.0% 21 56.8% 13 0 15 68.3% 2 0 0 0 13.3% 4 3 0 33.3% 2 2 0 40.0%15910:00 PM0 0 1 5.9% 13 0 26.7% 15 0 0 21.7% 29 0 56.2% 0 0 0 0.0% 19 39.6% 3 0 25.0% 18 48.6% 12 0 14 63.4% 1 0 00 6.7% 3 30 28.6% 2 1 0 30.0%134ABCPrepared by National Data & Surveying ServicesParking StudyTOTALDEFGHTIMELIJKA-48.2.cPacket Pg. 132 N:\4200\2194221 - Diamond Bar Town Center, Diamond Bar\Report\4221 Revised Diamond Bar Town Center Parking Demand Analysis 6-24-21.doc APPENDIX B ULI SHARED PARKING CALCULATION WORKSHEETS 8.2.c Packet Pg. 133 Land Use Size 1.582 KSF Pkg Rate[2][4] /KSF Mode Adjust 1.00 1.00 Non-Captive Ratio 1.00 1.00 Gross 16 Spaces Spaces 14 Guest Spc.2 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 18% 3 35% 1 4 7:00 AM 35% 5 53% 1 6 8:00 AM 42% 6 63% 1 7 9:00 AM 53% 7 63% 1 8 10:00 AM 60% 8 70% 1 9 11:00 AM 63% 9 70% 1 10 12:00 PM 70% 10 70% 1 11 1:00 PM 63% 9 70% 1 10 2:00 PM 35% 5 70% 1 6 3:00 PM 32% 4 53% 1 5 4:00 PM 32% 4 53% 1 5 5:00 PM 53% 7 67% 1 8 6:00 PM 56% 8 67% 1 9 7:00 PM 56% 8 67% 1 9 8:00 PM 56% 8 67% 1 9 9:00 PM 42% 6 56% 1 7 10:00 PM 39% 5 46% 1 6 11:00 PM 35% 5 46% 1 6 12:00 AM 18% 3 25% 1 4 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [4] Although the code parking requirement for shopping center is applicable for Suite 1176, for shared parking purposes LLG recommends using the restaurant parking ratio from City code. Therefore, a parking ratio of 1 per 75 SF of GFA was applied to 1107 SF and a ratio of 1 per 300 SF was applied to 475 SF for a total parking requirement of 16 spaces for Suite 1176. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. Appendix Table B1 FAMILY RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Family Restaurant [2] Parking rates for all land uses based on City code. B-2 8.2.c Packet Pg. 134 Land Use Size 1.582 KSF Pkg Rate[2][4] /KSF Mode Adjust 1.00 1.00 Non-Captive Ratio 1.00 1.00 Gross 16 Spaces Spaces 14 Guest Spc.2 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 10% 1 50% 1 2 7:00 AM 25% 4 75% 2 6 8:00 AM 45% 6 90% 2 8 9:00 AM 70% 10 90% 2 12 10:00 AM 90% 13 100% 2 15 11:00 AM 90% 13 100% 2 15 12:00 PM 100% 14 100% 2 16 1:00 PM 85% 12 100% 2 14 2:00 PM 65% 9 100% 2 11 3:00 PM 40% 6 75% 2 8 4:00 PM 45% 6 75% 2 8 5:00 PM 60% 8 95% 2 10 6:00 PM 70% 10 95% 2 12 7:00 PM 70% 10 95% 2 12 8:00 PM 65% 9 95% 2 11 9:00 PM 30% 4 80% 2 6 10:00 PM 25% 4 65% 1 5 11:00 PM 15% 2 65% 1 3 12:00 AM 10% 1 35% 1 2 Notes: [4] Although the code parking requirement for shopping center is applicable for Suite 1176, for shared parking purposes LLG recommends using the restaurant parking ratio from City code. Therefore, a parking ratio of 1 per 75 SF of GFA was applied to 1107 SF and a ratio of 1 per 300 SF was applied to 475 SF for a total parking requirement of 16 spaces for Suite 1176. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. Appendix Table B2 FAMILY RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Family Restaurant [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on City code. B-3 8.2.c Packet Pg. 135 Land Use Size 3.620 KSF Pkg Rate[2] See Table 3 Mode Adjust 1.00 1.00 Non-Captive Ratio 1.00 1.00 Gross 13 Spaces Spaces 9 Visitor Spc. 4 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% 8 60% 2 10 9:00 AM 90% 8 100% 4 12 10:00 AM 100% 9 100% 4 13 11:00 AM 100% 9 100% 4 13 12:00 PM 30% 3 100% 4 7 1:00 PM 90% 8 100% 4 12 2:00 PM 100% 9 100% 4 13 3:00 PM 100% 9 100% 4 13 4:00 PM 90% 8 100% 4 12 5:00 PM 80% 7 100% 4 11 6:00 PM 67% 6 67% 3 9 7:00 PM 30% 3 30% 1 4 8:00 PM 15% 1 15% 1 2 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. Appendix Table B3 MEDICAL/DENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Medical/Dental Office [2] Parking rates for all land uses based on City code. 8.2.c Packet Pg. 136 Land Use Size 3.620 KSF Pkg Rate[2] See Table 3 Mode Adjust 1.00 1.00 Non-Captive Ratio 1.00 1.00 Gross 13 Spaces Spaces 9 Visitor Spc. 4 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% 8 60% 2 10 9:00 AM 90% 8 100% 4 12 10:00 AM 100% 9 100% 4 13 11:00 AM 100% 9 100% 4 13 12:00 PM 30% 3 100% 4 7 1:00 PM 0% 0 0% 0 0 2:00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% 0 0 4:00 PM 0% 0 0% 0 0 5:00 PM 0% 0 0% 0 0 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. Appendix Table B4 MEDICAL/DENTAL OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Medical/Dental Office [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on City code. 8.2.c Packet Pg. 137 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 8.3 MEETING DATE: July 13, 2021 CASE/FILE NUMBER: Development Code Amendment Planning Case No. PL2021-44 PROJECT LOCATION: Citywide APPLICATION REQUEST: To add a new section 22.42.135 and to amend sections 22.42.130, 22.42.020, 22.74.030, and 22.74.040 of Title 22 of the Diamond Bar Municipal Code (“Development Code”) to enact regulations governing the development, augmentation, and relocation of small wireless facilities in accordance with state and federal law. APPLICANT: STAFF RECOMMENDATION: City of Diamond Bar Community Development Department Adopt the attached Resolution recommending the City Council approve Development Code Amendment Planning Case No. PL2021-44 The following report was prepared by Assistant City Attorney James Eggart. SUMMARY: The proposed amendments to the Development Code would enact separate regulations governing the development, augmentation, and relocation of “small wireless facilities” in the City consistent with federal law. BACKGROUND: On September 26, 2018, the Federal Communications Commission (“FCC”) adopted its Declaratory Ruling, Third Report, and Order (“Order”) in the matter of “Accelerating CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 8.3 Packet Pg. 138 Development Code Amendment Planning Case No. PL2021-44 Page 2 of 6 Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment.” The Order establishes a new category of “small wireless facilities” and limits and preempts the ability of cities to regulate the deployment of small wireless facilities, both inside and outside of the public right-of-way, and imposes strict processing requirements that cities must adhere to for small wireless facility applications. These requirements are in addition to preexisting federal requirements that prevent cities from adopting regulations that “effectively prohibit” the provision of wireless service. The Order is intended to facilitate the spread, growth, and accumulation of small wireless facilities over a short period of time to ensure deployment of new 5G technology that the FCC claims will enable increased competition in healthcare, Internet of Things applications and lifesaving car technologies, among other things, and create jobs, possibly increasing the U.S. economy by as much as $100 billion by speeding up the deployment of small wireless facilities by only one year. To fully comply with the FCC’s new regulations and to minimize any potential conflicts with telecommunication service providers, the proposed Ordinance creates an administrative permit review process for the deployment of small wireless facilities located within the City. ANALYSIS: Adoption Process Before the City Council adopts an ordinance to amend the Development Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments. The Commission then forwards its recommendations via a resolution advising the Council whether or not the proposed amendments should be adopted. Summary of the FCC’s Order The FCC’s Order establishes a new category of “small wireless facilities,” which are defined as follows: • They are mounted on structures 50 feet or less in height including their antennas, or no more than 10 percent taller than other adjacent structures, or do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; • Each antenna is no more than three (3) cubic feet in volume, excluding associated antenna equipment; • All equipment associated with the antenna and any pre -existing associated equipment is no more than 28 cubic feet in volume; and • The facilities do not expose people to radio frequency (RF) radiation in excess of FCC standards. 8.3 Packet Pg. 139 Development Code Amendment Planning Case No. PL2021-44 Page 3 of 6 Under the FCC’s Order, local regulations of small wireless facilities concerning aesthetics, undergrounding, and spacing must be reasonable, meaning technically feasible and reasonably related to the harms created by unsightly deployments. The Order also reduces the “shot clock” period allowable for cities to review, comment upon, consider, and make a final determination on small wireless facility ap plications to sixty (60) days for collocation on preexisting structures and ninety (90) days for new builds. Finally, the FCC’s Order further limits the extent to which cities may impose fees on small wireless facility deployments, including fees for processing applications, the use of the public right-of-way, and the privilege of attaching or using fixtures and structures in the public right-of-way that are owned or controlled by the City. If the proposed Ordinance is approved, Staff will recommend the City Council also adopt new fees for small wireless facility deployments in line with the presumptively reasonable “safe harbor” fee amounts that are established in the FCC’s Order. Legal Challenges to FCC’s Order Lawsuits were filed across the country by numerous local governments challenging several components of the FCC’s Order and on August 12, 2020, the Ninth Circuit Court of Appeals issued a ruling in the consolidated litigation clarifying the scope of local government authority to regulate small cell facilities (City of Portland et al v. United States et al, 969 F.3d 1020). The Court upheld most of the FCC’s Order, including the FCC’s requirements limiting fees charged by local governments for the deployment of small wireless facilities and access to the public rights-of-way and the FCC’s requirements pertaining to the shortened shot clock timeframes. The Court, however, vacated a requirement in the Order that aesthetic regulations on small wireless facilities be no more burdensome than those applied to other technologies. The 1996 Telecommunications Act specifies that state and local governments “shall not unreasonably discriminate among functionally equivalent services.” (47 U.S.C. 332(c)(7)(B)(i)(l).) By preempting only local regulations that “unreasonably discriminate,” Congress sought to preserve local flexibility to treat facilities that create different aesthetic concerns differently, even if those facilities provide functionally equivalent services. The Ninth Circuit Court of Appeals found that the FCC’s Order exceeded the “unreasonable discrimination” standard of the 1996 Telecommunications Act by specifying that local aesthetic requirements placed on small cell facilities be “no more burdensome” than other telecommunication technologies, and vacated this provision of the Order. The result is that cities may impose aesthetic requirements specific to small wireless facility deployments, as long as the requirements are technically feasible, reasonably directed at remedying aesthetic harms, and do not unreasonably discriminate between small wireless facilities and other wireless technologies. 8.3 Packet Pg. 140 Development Code Amendment Planning Case No. PL2021-44 Page 4 of 6 The coalition of local governments and local government associations that initiated the litigation — including the League of California Cities — joined a petition seeking review of the Ninth Circuit’s decision by the United States Supreme Court. However, on June 28, 2021, the United States Supreme Court denied the petition for review. Current Enforcement The City currently regulates all wireless telecommunication facilities pursuant to Section 22.42.130 (Radio and television antennas and wireless telecommunications antenna facilities) of the Development Code. The purpose of Section 22.42.130 is to establish development standards and land use controls for the installation and maintenance of radio and television antennas and wireless telecommunications antenna facilities in the City; however, the Development Code has not been updated to reflect the new legal requirements for the deployment of small wireless facilities, as set forth by the FCC’s Order. Proposed Development Code Amendments Small wireless facilities are primarily installed within the public right-of-way and create local concerns for traffic and pedestrian safety, aesthetics, protection and preservation of public property, and the health, safety, and welfare of the general public. The proposed Development Code amendments acknowledge the City’s need to provide for the orderly, managed, and efficient deployment of small wireless facilities whi le complying with the FCC’s Order. The proposed Ordinance would exempt “small wireless facilities” from the requirements set forth in Section 22.42.130 and enact a new Section 22.42.135 specifically governing “small wireless facilities” as defined in the FCC’s Order. The new Section 22.42.135 would create an administrative permit review process for the deployment of small wireless facilities located within the City. Specifically, a Small Wireless Facility Permit will be required to locate or modify any small wireless facility on any property within the City. The Community Development Director, in consultation with the Public Works Director, will have the authority to approve, approve with conditions, or deny any application for a Small Wireless Facility Permit. Small wireless facilities that seek deployment within the public rights-of-way would also be required to obtain an Encroachment Permit pursuant to the provisions of Chapter 12.04 (Streets and Sidewalks) of the Municipal Code. The proposed Ordinance establishes objective criteria with respect to small wireless facilities by creating a permitting process, a list of submittal requirements, design and development standards, installation and operation requirements, standard conditions of approval, abandonment or discontinuation of use requirements, and an appeals process. Lastly, minor amendments are also proposed to Section 22.74.030 (Appeals of Decisions) and Section 22.74.040 (Filing and Processing of Appeals) to provide that appeals of the Community Development Director’s decision on a small wireless facility permit determination would be made to the City Manager, in order to ensure that the 8.3 Packet Pg. 141 Development Code Amendment Planning Case No. PL2021-44 Page 5 of 6 City is able to comply with the short “shot clock” timeframes set forth in the FCC’s Order. ENVIRONMENTAL REVIEW: Public Resources Code § 21065 defines "project" as "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." The proposed Ordinance does not hav e the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as the Ordinance does not call for any change in the existing environmental conditions within the City . The proposed Ordinance merely updates existing City regulations to reflect the FCC’s new laws governing the deployment of small wireless facilities, which are already permitted uses within the City. Accordingly, the Ordinance is not a "project" subject to CEQA. (Public Resources Code § 21065; CEQA Guidelines § 15378(a).) Even if the Ordinance could be construed to be a project subject to CEQA, the proposed Ordinance is exempt because the proposed Ordinance merely updates existing City regulations to reflect the FCC’s new laws governing the deployment of small wireless facilities and does not authorize new programs or activities. The proposed Ordinance calls for the continued operation of small wireless facilities involving no expansion of the existing uses. As a result, the proposed Ordinance is exempt from CEQA pursuant to the Class 1 exemption. Moreover, CEQA’s Class 3 Exemption applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (CEQA Guidelines, § 15303.) The proposed Ordinance allows for the deployment of new, small wireless facilities on pre-existing or new small structures within the City, therefore, the proposed Ordinance is exempt from CEQA pursuant to the Class 3 exemption. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on July 2, 2021, in a 1/8 page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City’s designated community posting sites. PREPARED BY: 8.3 Packet Pg. 142 Development Code Amendment Planning Case No. PL2021-44 Page 6 of 6 REVIEWED BY: Attachments: A. Draft Planning Commission Resolution No. 2021-XX (Recommending Approval of Development Code Amendment) 8.3 Packet Pg. 143 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE - PLANNING CASE NO. PL2021-44. A. RECITALS 1. In compliance with the Federal Communications Commission’s (“FCC”) Declaratory Ruling, Third Report, and Order (“Order”) “In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment,” which established new limitations on local standards for the siting of, and the processing of applications for, small wireless facilities by all local jurisdictions, the City of Diamond Bar proposes to amend Chapter 22 of the Diamond Bar Municipal Code. 2. The Order provides that all local jurisdictions must comply with various restrictions on their exercise of aesthetic, zoning, public works, and fee authority when considering applications for the installation of small wireless facilities. The Order is intended to facilitate the spread, growth, and accumulation of small wireless facilities over a short period of time to ensure deployment of 5G technology. 3. The proposed Development Code amendment would affect the areas of the City eligible for small wireless facilities, which are primarily installed within public rights-of-way. The amendments include, but are not limited to, revisions to processing procedures, design and development standards, and operational requirements. 4. Pursuant to Government Code Sections 65090, a notice of at least 1/8 page display was published in the San Gabriel Valley Tribune newspaper on July 2, 2021, and a copy of the public notice was posted at the City’s designated community posting sites. 5. The City has determined that the proposed Development Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code § 21065 which defines "project" as "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." The proposed Ordinance does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as the Ordinance does not call for any change in the existing environmental conditions within the City. The proposed Ordinance merely updates existing City regulations to reflect the FCC’s new laws governing the deployment of small wireless facilities, which are already permitted uses within the City. Accordingly, the Ordinance is not a "project" subject to CEQA. 8.3.a Packet Pg. 144 2 PC Resolution No. 2021-XX Even if the Ordinance could be construed to be a project subject to CEQA, the proposed Ordinance is exempt because the proposed Ordinance merely updates existing City regulations to reflect the FCC’s new laws governing the deployment of small wireless facilities and does not authorize new programs or activities. The proposed Ordinance calls for the continued operation of small wireless facilities involving no expansion of the existing uses. As a result, the proposed Ordinance is exempt from CEQA pursuant to the Class 1 exemption. Moreover, CEQA’s Class 3 Exemption applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure (CEQA Guidelines, § 15303). The proposed Ordinance allows for the deployment of new, small wireless facilities on pre- existing or new small structures within the City, therefore, the proposed Ordinance is exempt from CEQA pursuant to the Class 3 exemption. Therefore, no further environmental review is required. 6. On July 13, 2021, the Planning Commission held a duly noticed public hearing regarding the proposed Development Code Amendment reflected in the draft ordinance attached hereto as Exhibit “A” and incorporated by reference into this Resolution, and duly considered all public testimony, evidence, and staff analysis. 7. The proposed Development Code Amendment is consistent with multiple objectives and policies in the City of Diamond Bar General Plan. 8. All legal prerequisites to the adoption of this Resolution have occurred. 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. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment Planning Case No. PL2021-44 by adopting the amendments to Title 22 of the Diamond Bar Development Code described in the draft ordinance attached hereto as Exhibit “A” and incorporated herein by reference. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. 8.3.a Packet Pg. 145 3 PC Resolution No. 2021-XX APPROVED AND ADOPTED THIS 13TH DAY OF JULY, 2021 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ William Rawlings, Chairperson I, Greg Gubman, 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 13th day of July, 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 8.3.a Packet Pg. 146 1594367.1 ORDINANCE NO. XX (2021) AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ADD NEW SECTION 22.42.135 (SMALL WIRELESS FACILITIES), AND TO AMEND SECTION 22.42.130 (RADIO AND TELEVISION ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES), SECTION 22.44.020 (AUTHORITY FOR LAND USE AND ZONING DECISIONS), SECTION 22.74.030 (APPEALS OF DECISIONS), AND SECTION 22.74.040 (FILING AND PROCESSING OF APPEALS), TO ENACT REGULATIONS GOVERNING THE DEPLOYMENT, AUGMENTATION, AND RELOCATION OF SMALL WIRELESS FACILITIES IN THE CITY IN ACCORDANCE WITH STATE AND FEDERAL LAW. WHEREAS, on September 26, 2018, the Federal Communications Commission (“FCC”) adopted its Declaratory Ruling, Third Report, and Order (“Order”) “In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment,” which established new limitations on local standards for the siting of, and the processing of applications for, small wireless facilities by all local jurisdictions; and, WHEREAS, the Order provides that all local jurisdictions must comply with various restrictions on their exercise of aesthetic, zoning, public works, and fee authority when considering applications for the installation of small wireless facilities; and, WHEREAS, the Order is intended to facilitate the spread, growth, and accumulation of small wireless facilities over a short period of time to ensure deployment of 5G technology. The Order reduces the “shot clock” period allowable for cities to review, comment upon, consider, and make a final determination on small wireless facility applications for as many as 90 days for new facilities and as many as 60 days for collocated and modified facilities; and, WHEREAS, small wireless facilities are primarily installed within public rights-of- way and as such create significant concerns regarding traffic and pedestrian safety, aesthetics, protection and preservation of public property, and the health, safety, and welfare of the general public; and, WHEREAS, installation of small wireless facilities within the public right-of-way can pose a threat to the public health, safety and welfare, including: disturbance to the right- of-way through the installation and maintenance of wireless facilities; traffic and pedestrian safety hazards due to the unsafe location of wireless facilities; land use conflicts and incompatibilities, including excessive height of poles and towers; creation of visual and aesthetic blights and potential safety concerns arising from excessive size, heights, noise or lack of camouflaging of wireless facilities, including the associated pedestals, meters, equipment and power generators; and the creation of unnecessary visual and aesthetic blight by failing to utilize alternative technologies or capitalizing on Exhibit “A” 8.3.a Packet Pg. 147 Ordinance No. XX (2021) 2 co-location opportunities, which may negatively impact the unique quality and character of the City; and, WHEREAS, the City currently regulates all wireless telecommunications antenna facilities within specified land use zones of the City as provided in Section 22.42.130 (Radio and Television Antennas and Wireless Telecommunications Antenna Facilities) of the Diamond Bar Municipal Code, which does not specifically address the deployment of small wireless facilities; and, WHEREAS, the Federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit competition in both local and long-distance telephone service; and, WHEREAS, the California Public Utilities Commission (“CPUC”) is primarily responsible for the implementation of local telephone competition and the CPUC issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations; and, WHEREAS, Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state;” and, WHEREAS, Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line;” and, WHEREAS, many wireless service providers are eligible to utilize the public right- of-way pursuant to a Certificate of Public Convenience and Necessity, as issued by the California Public Utilities Commission; and, WHEREAS, Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets. The primary and highest purpose of public streets, rights-of-way, roads, and highways is the safe and efficient accommodation of the traveling public, including without limitation motor vehicles, automobiles, trucks, buses and other modes of public transportation, bicycles, pedestrians, and emergency and first responder vehicles. Street signs, street lights, and drainage systems also provide services and enhancements that protect and serve the traveling public. The City Council finds that all other uses of the public right-of-way are ancillary and secondary to the primary purpose and use of the public right-of-way and will only be allowed to the extent such secondary uses do not impede the traveling public or 8.3.a Packet Pg. 148 Ordinance No. XX (2021) 3 compromise the safety of the members of the public and the residents and businesses of the City; and, WHEREAS, Section 7901 of the California Public Utilities Code authorizes telephone/telegraph corporations to construct telephone/telegraph lines upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abatements for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters; and, WHEREAS, Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roadways, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner; and, WHEREAS, Section 50030 of the California Government Code states that permit fees imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services cannot exceed the reasonable costs of providing service for which the fee is charged and cannot be levied for general revenue; and, WHEREAS, state and federal law have changed substantially and the City is in need of clear regulations for small wireless facility installations given the number of anticipated applications and legal timelines upon which the City must act; and, WHEREAS, the public right-of-way in the City is a uniquely valuable public resource, closely linked with the City's scenic nature and rural character. The reasonably regulated and orderly deployment of small wireless facilities in the public right-of-way is desirable, and unregulated or disorderly deployment represents an ever-increasing threat to the health, welfare, and safety of the community; and, WHEREAS, the regulation of installations, including small wireless facilities, in the public right-of-way is necessary to protect and preserve the aesthetics in the community, as well as the values of properties within the City, and to ensure that such installations are installed using the least intrusive means possible; and, WHEREAS, the City Council recognizes its responsibilities under the Federal Telecommunications Act of 1996 and state law, and believes that it is acting consistent with the current state of the law in ensuring that irreversible development activity does not occur that would harm the public health, safety, or welfare; and, WHEREAS, the City does not intend that this Ordinance prohibit or have the effect of prohibiting the provision of telecommunications service; rather, this Ordinance includes appropriate regulations to ensure that the deployment, augmentation, and relocation of small wireless facilities in the City are conducted in such a manner as to lawfully balance 8.3.a Packet Pg. 149 Ordinance No. XX (2021) 4 the legal rights of applicants under the Federal Telecommunications Act, the rules/regulations promulgated thereunder, and the California Public Utilities Code, while at the same time, protecting the health, safety, and welfare of the general public and land use concerns described herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAIN AS FOLLOWS: SECTION I. Subsection (b) of Section 22.42.130 (Radio and Television Antennas and Wireless Telecommunications Antenna Facilities) of Chapter 22.42 (Standards for Specific Land Uses) of Title 22 (Development Code) of the Diamond Bar Municipal Code is hereby amended to read as follows (deletions shown in strikethrough; additions shown in bold/underline): “(b)Applicability. The standards of this section apply to all earth station antennas, amateur radio station antennas, and wireless telecommunications antenna facilities, except for small wireless facilities governed by and subject to the provisions of Section 22.42.135, which shall be exempt from and not governed by the provisions of this section. SECTION II.Section 22.42.135 (Small Wireless Facilities) of Chapter 22.42 (Standards for Specific Land Uses) of Title 22 (Development Code) is hereby added to the Diamond Bar Municipal Code, which shall read as follows: Section 22.42.135. – Small wireless facilities. (a)Purpose. The purpose of this section is to: (1) Provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, deployment, design, operation, and maintenance of small wireless facilities in the City. (2) Establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of small wireless facilities in the City. (3) Impose clear and reasonable requirements so that applications for small wireless facilities will be processed in a consistent and timely manner. This section imposes requirements that are necessary to protect public health, safety, welfare, aesthetics, and provide for the orderly, managed, and efficient deployment of small wireless facilities in accordance with state and federal laws, rules, and regulations. (4) Provide for the orderly, managed, and efficient deployment of small wireless facilities in accordance with state and federal laws, rules, and regulations, 8.3.a Packet Pg. 150 Ordinance No. XX (2021) 5 and permit and manage reasonable access to public rights-of-way of the City for telecommunications purposes on a competitively neutral basis. (5) Enable the City to discharge its public trust responsibilities consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development through the encouragement of advanced and competitive telecommunications services on the widest possible equivalent basis to the businesses, institutions, and residents of the City while continuing to fairly and responsibly protect the public health, safety, and welfare. (6) Promote and protect public health, safety, welfare, and the aesthetic quality of the City consistent with the goals, objectives, and policies of the General Plan. (7) Conserve the limited physical capacity of public rights-of-way held in public trust by the City. (8) Assure that the City’s current and ongoing costs of granting and regulating private access to and use of public rights-of-way are fully paid by the persons seeking such access and causing such costs while securing fair and reasonable compensation for the City and the residents of the City for permitting private use of public rights-of-way, within the limits established by the FCC. (b) Interpretation. This section is not intended nor shall it be interpreted to: (1) Prohibit or effectively prohibit any small wireless service provider's ability to deploy small wireless facilities. (2) Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations for rights-of-way management. (3) Unreasonably discriminate among providers of functionally equivalent services. (4) Deny any request for authorization to place, construct, or modify small wireless facilities on the basis of environmental effects of radio-frequency emissions to the extent that the small wireless facilities comply with the FCC's regulations concerning such emissions. (5) Prohibit any co-location or modification that the City may not deny under federal or state law. 8.3.a Packet Pg. 151 Ordinance No. XX (2021) 6 (c)Definitions. For the purpose of this section, the following words and terms shall have the meaning set forth herein unless the context clearly indicates or requires a different meaning. Accessory Equipment means any equipment, other than antenna equipment, associated with the installation of a small wireless facility. Antenna means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded, which defines that term as an apparatus designed for the purpose of emitting radiofrequency radiation, to be operated or operating from a fixed location, for the provision of personal wireless service and any commingled information services. Antenna Equipment means the same as defined by the FCC in 47 C.F.R. § 1.6002(c), as may be amended or superseded, which defines the term as equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. Antenna Facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(d), as may be amended or superseded, which defines the term as an antenna and associated antenna equipment. Applicant means a person or entity that submits an application for a Small Wireless Facility Permit under the provisions of this section and the agents, employees, and contractors of such person or entity. Co-location means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or superseded, which defines that term as mounting or installing an antenna facility on a pre-existing structure, and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Decorative Pole means any pole that includes decorative or ornamental features, design elements and/or finials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located. Deployment means the same as defined by the FCC in 47 C.F.R. § 1.6002(h), as may be amended or superseded, which defines the term as placement, construction, or modification of a personal wireless service facility. Director means the Community Development Director for the City of Diamond Bar, or his or her designee. FCC means the Federal Communications Commission or its duly appointed successor agency. 8.3.a Packet Pg. 152 Ordinance No. XX (2021) 7 Modification means any change to a small wireless facility that involves any of the following: co-location, expansion, alteration, enlargement, intensification, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the small wireless facility involving any of the following: co-location, expansion, enlargement, intensification, or augmentation. New Pole means any pole erected or installed after the effective date of this section. The term “New Pole” does not include a “Replacement Pole” as defined in this section. Pole means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code. Public Right-of-Way or Right-of-Way means any public street, public way, public alley, or public place, laid out, reserved, or dedicated for street, sidewalk, storm drainage, bicycle path, or other public uses or purposes under the jurisdiction of the City. Public Works Director means the Public Works Director of the City, or his or her designee. Replacement Pole means and shall only include a pole or structure that replaces a pole in the exact same location in order to accommodate small wireless facilities. Small wireless facility or facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as a facility that meets each of the following conditions: (1) The facility is: (i) mounted on structures 50 feet or less in height including their antennas; or (ii) mounted on structures no more than 10 percent taller than other adjacent structures; or (iii) does not extend existing structures on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with any deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; 8.3.a Packet Pg. 153 Ordinance No. XX (2021) 8 (4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. 800.16(x); and (6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b). Structure means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be amended or superseded, which defines the term as a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services). (d)Applicability. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, this section shall govern all applications for Small Wireless Facility Permits in the City. (e)Required approvals. (1) A Small Wireless Facility Permit shall be required to locate or modify any small wireless facility on a pole, new pole, replacement pole, or structure located within the City, including without limitation on any public rights-of- way, public property, or private property. No small wireless facility shall be located or modified within the City without the issuance of an administrative Small Wireless Facility Permit, as required by this section. The Director, in consultation with the Public Works Director, shall have the authority to approve, approve with conditions, or deny any application for the deployment or modification of a small wireless facility. (2) Each Applicant for a Small Wireless Facility Permit pursuant to this section proposed for location in or on any public right-of-way within the City shall also submit an application for an Encroachment Permit pursuant to the provisions of Chapter 12.04 (Streets and Sidewalks) of this Code. The application for an Encroachment Permit shall be processed, reviewed, and approved concurrently with the application for a Small Wireless Facility Permit pursuant to the provisions of this section. (3) An administrative approval granted under this section shall not confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the City for delivery of telecommunication services of any kind or for any other purposes. 8.3.a Packet Pg. 154 Ordinance No. XX (2021) 9 (4) All required approvals under this section shall be processed in conformance with the time periods established by applicable state and federal law, and FCC regulations and orders. (5) Upon a showing by the Applicant that any requirement in this section would prohibit or have the effect of prohibiting the provision of personal wireless service through the wireless service provider's deployment of small wireless facilities, the Director shall have the authority to modify or waive such requirement. (f)Application content. Each Applicant for a Small Wireless Facility Permit shall file a written, signed, and verified application on such form as the Director may prescribe, and shall provide the information, documents, and fees specified in this subsection: (1) Full name and contact information of the small wireless facility owner, small wireless facility operator, agent (if any), and property owner, and related letter(s) of authorization from the small wireless facility and/or property owner. (2) A full written description of the proposed small wireless facility, including its purpose, specifications, and placement of backup generator (if applicable). (3) A detailed site plan or photo simulation of the small wireless facility containing the exact proposed location of the small wireless facility, and any existing wireless facilities within a five hundred (500) foot radius of the proposed location. (4) Photographs of all proposed small wireless facility equipment and an accurate visual impact analysis with photo simulations, including reasonable line-of-sight locations from public streets, nearby vicinity, or other adjacent viewpoints as may be required by the Director, in consultation with the Public Works Director, and a map that shows the photo location of each view angle. (5) Building elevations and roof plan (for building- and/or rooftop-mounted small wireless facilities) indicating exact location and dimensions of equipment proposed. For all other small wireless facilities not mounted to a building or rooftop, indicate surrounding grades, structures, and landscaping from all sides. (6) Proposed landscaping and/or nonvegetative screening plan for all aspects of the small wireless facility. (7) Written documentation demonstrating that the proposed location complies with all applicable aesthetic and development standards set forth in this section and that the proposed small wireless facility will be screened to the 8.3.a Packet Pg. 155 Ordinance No. XX (2021) 10 greatest extent feasible in accordance with the design and development standards listed within this section. (8) If the application is for a small wireless facility that will be located within the public right-of-way, the Applicant shall state the basis for its claimed right to enter the right-of-way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission. (9) Evidence from the equipment manufacturer that the ambient noise emitted from all proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits as found in Division 3 (Noise Control) of Chapter 8.12 (Environmental Protection) of this Code. (10) Evidence that demonstrates that the small wireless facility’s antennas do not exceed three (3) cubic feet in volume per antenna, and all other equipment (antenna equipment and accessory equipment) does not collectively exceed twenty-eight (28) cubic feet in volume. (11) An application and processing fee in an amount consistent with FCC regulations as established by a resolution by the City Council for the estimated cost of the City, including staff time, and all other costs of whatever type or variety, incurred for the processing, review, commenting upon, evaluation, and consideration of the small wireless facility application. (12) A radio-frequency (RF) exposure compliance report prepared and certified by an electrical engineer licensed by the State of California that certifies that the proposed small wireless facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. (g)Design and development standards for small wireless facilities. (1) Small wireless facilities shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the public right-of-way, or create safety hazards to pedestrians and motorists. (2) Small wireless facilities shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, water valves, underground vaults, valve housing structures, utility lines or facilities, or any other vital public health and safety facility. (3) The Applicant shall use screening and camouflage design techniques in the design and placement of small wireless facilities to ensure such facilities are as visually inconspicuous as possible. 8.3.a Packet Pg. 156 Ordinance No. XX (2021) 11 (4) Small wireless facilities shall be sited at least five hundred (500) feet away from other small wireless facilities to avoid an over-concentration of such facilities, to preserve community aesthetics, and to avoid the creation of potential hazards or inconvenience to the travelling public. Collocated small wireless facilities on the same pole/structure are not required to meet this minimum spacing standard with respect to one another. (5) To preserve community aesthetics, all small wireless facilities, excluding antennas and aboveground vents, shall be pole-mounted or placed underground, flush to the finished grade, whenever there are no physical or site constraints to make undergrounding infeasible, except as may be determined by the Director, in consultation with the Public Works Director. Infeasibility shall not be demonstrated by the mere cost to place the equipment underground. (6) If an Applicant proposes to replace a pole to accommodate the small wireless facility, the replacement pole shall match the appearance of the original pole, including height, width and silhouette to the extent feasible, unless the Director, in consultation with the Public Works Director, finds that another design accomplishes the objectives of this subsection. (7) Small wireless facilities may incorporate reasonable and appropriate security measures, such as fences, walls, and anti-climbing devices, to prevent unauthorized access, theft, and vandalism. Security measures must be designed to enhance concealment to the maximum extent feasible. Security measures shall not include barbed wire, razor ribbon, electrified fences or any similar security measures. (8) Small wireless facilities shall not be installed on decorative poles, except as may be determined by the Director, in consultation with the Public Works Director. (h)Installation and operation requirements for small wireless facilities. (1) Small wireless facilities shall be operated in a manner so as to avoid any significant adverse impacts caused by noise. a. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. b. At no time shall equipment noise from any small wireless facility exceed the applicable noise levels as established in Division 3 (Noise Control) of Chapter 8.12 (Environmental Protection) of this Code. 8.3.a Packet Pg. 157 Ordinance No. XX (2021) 12 (2) Small wireless facilities shall not bear any signs or advertising devices other than certification, warning, or other signage required by law or permitted by the City. (3) Small wireless facility equipment shall not be illuminated unless specifically required by the Federal Aviation Administration, the FCC, or other governmental agency. (4) Only pole-mounted small wireless facilities shall be permitted in the public right-of-way. All poles shall be designed to be the minimum functional height and width required to support the proposed small wireless facility installation and meet FCC requirements. (5) Pole-mounted equipment shall be designed to occupy the least amount of space in the public right-of-way that is technically feasible. (6) If a small wireless facility is sited on the exterior of a pole, equipment shall not be installed in such a manner that would preclude possible future co- location by the same or other operators. (7) Each antenna associated with any deployment shall be no more than three (3) cubic feet in volume. All other equipment associated with the small wireless facility, including associated antenna equipment and accessory equipment, shall be no more than twenty-eight (28) cubic feet in volume. (8) Small wireless facilities must be mounted on structures fifty (50) feet or less in height including their antenna, or mounted on structures no more than ten (10) percent taller than other adjacent structures, or which do not extend existing structures on which the small wireless facility is located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater. (9) Small wireless facilities shall be maintained in good working order and condition and shall be fully operable at all times. Each small wireless facility shall be clean and free of general dirt and grease; chipped, faded, peeling, and cracked paint; rust and corrosion; cracks, dents, and discoloration; missing, discolored, or damaged artificial foliage or other camouflage; graffiti, bills, stickers, advertisements, litter and debris; and damaged structural parts. (i)Conditions of approval for small wireless facilities. In addition to compliance with the requirements of Section 22.42.135, approval of small wireless facilities shall be subject to each of the following conditions of approval: (1) In the event the deployment of a small wireless facility, as approved pursuant to this section, requires a Building Permit under the provisions of 8.3.a Packet Pg. 158 Ordinance No. XX (2021) 13 this Code, all conditions and restrictions imposed on the Small Wireless Facility Permit and Encroachment Permit approved pursuant to the provisions of this section shall be incorporated in, and made a condition of such Building Permit. All conditions shall be binding as to the Applicant and all successors in interest to permittee. The permittee shall construct, install, and operate the small wireless facility in strict compliance with all approved permits. (2) The permittee shall submit and maintain current at all times basic contact and site information on a form as may be provided by the Director, in consultation with the Public Works Director. The permittee shall notify the Director of any changes to the information submitted within seven (7) days of any change, including change of the name or corporate legal status of the owner or operator. This information shall include, but is not limited to, the following: a. Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the small wireless facility. b. The corporate legal status of the owner of the small wireless facility, including official identification numbers and FCC certification. c. Name, address, and telephone number of the property owner if different than the permittee. (3) The permittee shall not place any small wireless facility in a manner that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the City and utility providers reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting, and public signage. (4) At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans. (5) At all times, the permittee shall ensure that the small wireless facility complies with the most current regulatory and operational standards, including, but not limited to, radio-frequency emissions standards, adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration. 8.3.a Packet Pg. 159 Ordinance No. XX (2021) 14 (6) The permittee shall assume full liability for damage or injury caused to any property or person by the small wireless facility. (7) The permittee shall agree to the following indemnity provision, as approved by the City Attorney, which shall substantially read as follows: The permittee shall agree to save, indemnify, and keep harmless the City and all its officers, agents, employees, departments and agencies against all liabilities, judgments, costs and expenses which may in any manner or form accrue against the City or against any of its officers, agents, employees, departments or agencies in consequence of the issuance or granting of a Small Wireless Facility Permit or in consequence of the use or occupancy of any sidewalk, street or other public place, or in any other wise by virtue thereof, and will in all things strictly comply with the conditions of the Small Wireless Facility Permit and with this Code, all ordinances, rules and regulations of the City relating to the Small Wireless Facility Permit. (8) All conditions of approval shall be binding as to the Applicant and all successors in interest to the permittee. (j)Additional conditions of approval for small wireless facilities in the public right-of- way. In addition to the required approvals of Section 22.42.135, approval of small wireless facilities in the public right-of-way shall be subject to the following conditions of approval: (1) The small wireless facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director, in consultation with the Public Works Director, for the purpose of: a. Protecting the public health, safety, and welfare; b. Preventing interference with pedestrian and vehicular traffic; and c. Preventing damage to the public right-of-way or any property adjacent to it. (2) The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior written consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a small wireless facility unless the Director, in consultation with the Public Works Director, determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to an Encroachment Permit issued for any small wireless facility within the public right-of-way, the permittee 8.3.a Packet Pg. 160 Ordinance No. XX (2021) 15 shall provide the City with documentation establishing to the City's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of- way to be affected by the permittee's small wireless facility. (3) The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, curbs, gutters, trees, parkways, slopes, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility lines and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a small wireless facility in the public right-of-way. The permittee shall restore such areas, structures, and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within 15 calendar days stated on a written notice by the Public Works Director, or such shorter timeframe as the Public Works Director may provide in the event of health and safety issues, the Public Works Director shall cause such repair to be completed at permittee's sole cost and expense. (4) The permittee shall modify, remove, or relocate its small wireless facility, or portion thereof, without cost or expense to the City, if and when made necessary by: a. Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground public infrastructure including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the City or any other public agency; b. Any abandonment of any street, sidewalk, or other public facility; or c. Any change of grade, alignment or width of any street, sidewalk, or other public facility. (5) Any modification, removal, or relocation of the small wireless facility shall be completed within one hundred eighty (180) days of written notification by the Director, in consultation with the Public Works Director, unless exigencies dictate a different period for removal or relocation. Modification or relocation of the small wireless facility shall require submittal, review, and approval of a permit amendment pursuant to this Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in this Code allow. In the event the small wireless facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the 8.3.a Packet Pg. 161 Ordinance No. XX (2021) 16 sole cost and expense of permittee. In the event of exigent circumstances, as determined by the Director, in consultation with the Public Works Director, the City may modify, remove, or relocate small wireless facilities without prior notice to the permittee provided that the permittee is notified in writing within a reasonable period thereafter. (k) Abandonment or discontinuation of use. (1) Small wireless facilities that have not provided wireless communication services for a cumulative period of ninety (90) days in a one (1) year period shall be considered abandoned and shall be removed promptly from the premises no later than three (3) months after written notification is sent by the Director to the operator of the small wireless facility and property owner. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The permittee shall send to the City a copy of the discontinuation notice required by the California Public Utilities Commission or FCC at the time the notice is sent to the regulatory agencies. (2) Small wireless facilities that are abandoned but not removed within the required three (3) month period from the date of notice shall be in violation of this section, and the operators of the small wireless facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this Code. The City may remove all abandoned small wireless facilities following the three (3) month removal period at the operators' expense. Facilities removed by the City shall be stored for no less than fifteen (15) days and thereafter disposed of as permitted by law. (l)Appeals. A decision of the Director pursuant to this section may be appealed by the Applicant or permittee to the City Manager pursuant to Chapter 22.74 (Appeals) of this Code, and such appeal shall be reviewed and decided in conformance with the time periods and procedures established by applicable state and federal law, and FCC regulations and orders. SECTION III. Section 22.74.030 (Appeals of Decisions) of Chapter 22.74 (Appeals) of Title 22 (Development Code) of the Diamond Bar Municipal Code is hereby revised to read as follows (deletions in strikethrough; additions in bold/underline): Determinations and actions that may be appealed, and the authority to act on an appeal shall be as follows: (1)Director and hearing officer appeals. A decision rendered by the director or hearing officer may be appealed to the commission; except that a decision by the director pursuant to Section 22.42.135 related to small wireless facilities may be appealed to the city manager; and 8.3.a Packet Pg. 162 Ordinance No. XX (2021) 17 (2)Commission appeals. A decision rendered by the commission may be appealed to the council. SECTION IV. Subsection (a) of Section 22.74.040 (Filing and Processing of Appeals) of Chapter 22.74 (Appeals) of Title 22 (Development Code) of the Diamond Bar Municipal Code is hereby revised to read as follows (deletions in strikethrough; additions in bold/underline): (a)Timing and form of appeal. Appeals shall be submitted in writing and filed with the department or city clerk, as applicable, on a city application form, within ten days after the date the decision is rendered by the director or the adoption of the resolution by the hearing officer or commission. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals addressed to the commission or city manager shall be filed with the department, while appeals addressed to the council shall be filed with the city clerk. Appeals shall be accompanied by the filing fee set by the city's fee resolution. SECTION V. Table 4-1 (Review Authority) in Section 22.44.020 (Authority for Land Use and Zoning Decisions) of Chapter 22.44 (Applications, Processing, and Fees) of Title 22 (Development Code) of the Diamond Bar Municipal Code is hereby amended to add a new row for “Small Wireless Facility Permit”, to be placed in alphabetical order within said Table, to read as follows (deletions in strikethrough; additions in bold/underline): Type of Permit or Decision Director Hearing Officer Planning Commission City Council Small Wireless Facility Permit Final* *A decision rendered by the director pursuant to Section 22.42.135 related to small wireless facilities may be appealed to the city manager, whose decision shall be final. SECTION VI. Public Resources Code § 21065 defines "project" as "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." The proposed Ordinance does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, as the Ordinance does not call for any change in the existing environmental conditions within the City. The proposed Ordinance merely updates existing City regulations to reflect the FCC’s new laws governing the deployment of small wireless facilities, which are already permitted 8.3.a Packet Pg. 163 Ordinance No. XX (2021) 18 uses within the City. Accordingly, the Ordinance is not a "project" subject to CEQA. (Public Resources Code § 21065; CEQA Guidelines § 15378(a).) Even if the Ordinance could be construed to be a project subject to CEQA, the proposed Ordinance is exempt because the proposed Ordinance merely updates existing City regulations to reflect the FCC’s new laws governing the deployment of small wireless facilities and does not authorize new programs or activities. The proposed Ordinance calls for the continued operation of small wireless facilities involving no expansion of the existing uses. As a result, the proposed Ordinance is exempt from CEQA pursuant to the Class 1 exemption. Moreover, CEQA’s Class 3 Exemption applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (CEQA Guidelines, § 15303.) The proposed Ordinance allows for the deployment of new, small wireless facilities on pre-existing or new small structures within the City, therefore, the proposed Ordinance is exempt from CEQA pursuant to the Class 3 exemption. SECTION VII. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. SECTION VIII. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937. PASSED, APPROVED and ADOPTED this __th day of _______, ____. THE CITY OF DIAMOND BAR: __________________________ Steve Tye, Mayor 8.3.a Packet Pg. 164 Ordinance No. XX (2021) 19 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the __ day of _____, 2021, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the __ day of _____, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 8.3.a Packet Pg. 165 Project Status Report CITY OF DIAMOND BAR July 13, 2021 COMMUNITY DEVELOPMENT DEPARTMENT LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING AP = ASSIGNED PLANNER PC = PLANNING COMMISSION AR = ADMINISTRATIVE REVIEW CC = CITY COUNCIL PROPERTY LOCATION PLANNING COMMISSION REVIEW File # AP Applicant PC 7/13/21 CC 7/20/21 PC 7/27/21 CC 8/3/21 PC 8/10/21 CC 8/17/21 20657 Golden Springs Dr., #111A (Fitness studio) CUP PL2021-19 JT Steve Lee Cont. PH Con. PH 3333 Diamond Canyon (Medical office) CUP PL2021-18 MN Teresa Chung X X 2335 S. Diamond Bar Blvd. (2-lot subdivision) TPM PL2021-15 JT Samir Khoury PH 1114 S. Diamond Bar Blvd. (Veterinarian office) CUP PL2020-120 MN Dr. Ratul Kumar PH Small Cell Wireless Ordinance DCA PL2021-44 MN City of Diamond Bar PH PH ADMINISTRATIVE REVIEW Property Location AP Applicant None PENDING ITEMS Property Location File # AP Applicant Status 1625 Bears Den Rd. (Addition to single family residence) DR PL2021-01 MN/ JT Pete Volbeda First incomplete letter sent 2/5/21 – waiting for additional information 850 Brea Canyon Rd (Modification to hotel and office project) TPM/CUP/DR/PP/CSP PL2017-169 GL Philip lee Under review 1198 Chisolm Trail Dr. (New single-family residence) DR PL2021-51 JT Michael Wu Under review Crooked Creek (7-unit subdivision) TTM, DR, CUP, TP PL2017-203 MN New Bridge Homes Under review 2001 Derringer Ln. (2-lot subdivision) TPM 83036 PL2021-46 MN Gurbachan S. Juneja First incomplete letter sent 6/24/21 – waiting for additional information 1139 S. Diamond Bar Blvd., Ste F (CUP for fitness studio) CUP PL2021-30 JT Shawn Zuo Incomplete letter sent 5/24/21 – waiting for additional information 10.1 Packet Pg. 166 Project Status Report CITY OF DIAMOND BAR Page 2 July 13, 2021 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 2751 S. Diamond Bar Blvd. (Amendment to CUP PL2010-89 for after school component) CUP Amendment PL2021-39 JT Lance Kim Incomplete letter sent 6/16/21 – waiting for additional information 24011 Falcons View Dr. (Addition and remodel to single family residence) DR PL2020-25 MN William Edwards Third incomplete letter sent 1/29/21 – waiting for additional information Gentle Springs Ln. and S. Prospectors Rd. GPA, ZC, VTTM, DR PL2021-23 GL/ JT Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information 21130 Golden Springs Dr. (Amendment to MCUP for hookah lounge) Amendment to MCUP PL2019-122 JT MHD Marwan Almannini Under Review 2234 Indian Creek Rd. (New single-family residence) DR PL2020-159 MN/ JT Jeffrey Sun First incomplete letter sent 1/12/21 – waiting for additional information 22909 Lazy Trail Rd. (Addition and remodel to single family residence) DR PL2021-5 JT Walt Petroske First incomplete letter sent 3/9/21 – waiting for additional information 22938 ½ Ridge Line Rd. (Wireless facility) CUP PL2020-42 NTE/ GL Jill Cleveland Incomplete letter sent 4/1/20 – waiting for additional information 23121 Ridge Line Rd. (New single family residence) DR PL2020-31 NTE/ MN Pete Volbeda Second incomplete letter sent 12/15/20 – waiting for additional information 2631 Rocky Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-22 GL Katy Liu Second Incomplete letter sent 6/15/21 Walnut Valley Unified School District (Billboard Ordinance) PL2021-43 GL/ MN WVUSD Under review 10.1 Packet Pg. 167 CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, declare as follows: 1 am employed by the City of Diamond Bar, Community Development Department. On July 9, 2021, a copy of the July 13, 2021, Planning Commission Agenda, was posted at the following locations: Diamond Bar City Hall, 21810 Copley Drive SCAQMD/Government Center, 21865 Copley Drive Heritage Park, 2900 Brea Canyon Road City website: www,diamondbarea.gov Due to COVID-19 closures, the Planning Commission Agenda could not be posted at the following regular posting locations: Diamond Bar Library I declare under penalty of perjury that the foregoing is true and correct. Executed July 9, 2021, at Diamond Bar, California. Stella Marquez Community Development Department g:\\s\a(fdavitposNng.doc From: Claire Liang <claire815lian gmail.com> Sent: Saturday, July 10, 2021 1:56 PM To: Mayuko Nakajima <MNak2lin7a . DiamondBarCA.Gov>; Stella Marquez <SMargLiez@DiarnondBarCA_Gou> Subject: Conditional Use Permit Planning Case No, PL2020-120, 1114 S. Diamond Bar Blvd. CAUTION: This message originated outside of our City of Diamond Bar network. We would like to object to the operation of a veterinarian office at 1114 South Diamond Bar Boulevard at the Diamond Bar Towne Center. Our concerns are as follows: - lack of adequate and lack of dedicated parking for pet owners making it dangerous for pets and pet owners to navigate a very busy and congested parking lot. - the unsanitary habits of some/many dog owners who allow their pets to relieve themselves on the property immediately prior to entering the vet office, and upon leaving the vet office. - the close proximity of the proposed veterinarian office to the grassy hill located at the side of the Chase Bank where currently many dog owners allow their pets to leave waste that includes poop, and paper wipes that are used to clean the dogs' derrieres. The wind blows this soiled paper waste and other waste onto our front lawn!!!! Please do not consider this proposed project for our neighborhood. Thank you. Sincerely, Claire A. Liang MichaelT. Liang Stella Marquez From: Brower, Michelle Felten<michelle.brower@verizonwireless.com> Sent: Tuesday, July 13, 2021 3:58 PM To: Stella Marquez Subject: Public Hearing Item #8.3 - Support CAUTION: This message originated outside of our City of Diamond Bar network. Good evening Chair Rawlings, Vice -Chair Garg and members of the Commission, My name is Michelle Brower with Verizon Wireless. I am reaching out to thank city staff for all of their hard work on the presentation and ordinance you are hearing this evening. As well as, thank you commissioners for hearing this item. As you are aware, wireless connectivity has become critical infrastructure as many residents no longer have land lines and rely solely on their wireless connection to live, work and remotely attend school. This became even evident during the Covid-19 lockdowns. That said, we commend the City in realizing this necessity and developing the proposed ordinance. In response, we would like to voice our support. We believe the City has thoughtfully developed an ordinance that balances the aesthetics of the community with the ability to meet the wireless demand of those living, working and visiting the City of Diamond Bar. Thank you all so much and take care, Michelle Brower � verizon Municipal [engagement Partner 5505 an Canyon Ave. Irvine, CA. 92618 949 233-2779 (m) mic +o.ir . rot j! C.' 1 ,.iz� Nirc « sxor�t