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Home My WebLink About07/27/2021PLANNING COMMISSION AGENDA ______________________________________________ July 27, 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 required to be worn at all times. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting from Home: Members of the public can observe the meeting by calling +1 (631) 992 -3221 , Access Code 927-049- 576 or visiting https://attendee.gotowebinar.com/register/8873681576196292879 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/8873681576196292879 . 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 of 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 the 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 the 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 Depart ment, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questions regar ding 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 27, 2021 AGENDA Next Resolution No. 2021-11 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 volunta ry). 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 items may be removed from the agenda by request of the Planning Commission only: 4.1 Minutes of the Planning Commission Meeting – July 13, 2021 5. OLD BUSINESS: 5.1 Conditional Use Permit No. PL2021-18 – On June 22, 2021, after closing the public hearing, the Planning Commission directed staff to prepare a Resolution to deny the applicant’s request to establish a medical laboratory use. JULY 27, 2021 PAGE 2 PLANNING COMMISSION PROJECT ADDRESS: 3333 Diamond Canyon Road, Suite 100 Diamond Bar, CA 91765 APPLICANT: Jordan Wang for Innova Biolab 1977 N. Garey Ave Pomona, CA 91767 PROPERTY OWNER: Teresa Cheung 1142 S. Diamond Bar Blvd #423 Diamond Bar, CA 91765 RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution denying Conditional Use Permit PL2021-18. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit 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 July 13, 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 approve Conditional Use Permit No. PL2021-19, based on the findings of fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: JULY 27, 2021 PAGE 3 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: 11. ADJOURNMENT: CITY COUNCIL MEETING: Tuesday, August 3, 2021, 6:30 pm PLANNING COMMISSION MEETING: Tuesday, August 10, 2021, 6:30 pm CITY COUNCIL MEETING: Tuesday, August 17, 2021, 6:30 pm PLANNING COMMISSION MEETING: Tuesday, August 24, 2021, 6:30 pm LABOR DAY HOLIDAY: Monday, September 6, 2021 In observance of the holiday, city offices will be closed. City offices will re-open on Tuesday, September 7, 2021 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 JULY 13, 2021 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:31 p.m. PLEDGE OF ALLEGIANCE: Chairman Rawlings led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Kenneth Mok, Raymond Wolfe, Chairman William Rawlings Absent: Vice Chairman Mahendra Garg was excused. 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; Stella Marquez, Administrative Coordinator; Alfredo Estevez, Information Systems Analyst. 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 22, 2021. C/Mok moved, C/Barlas 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: 5.1 Conditional Use Permit No. PL2021-18 – Planning Commission directed staff to prepare a Resolution to Deny the project. PROJECT ADDRESS: 3333 Diamond Canyon Road, Suite 100 Diamond Bar, CA 91789 4.1 Packet Pg. 6 __________________________________________________________________________ JULY 13, 2021 PAGE 2 PLANNING COMMISSION __________________________________________________________________________ APPLICANT: Jordan Wang for Innova Biolab 1977 N. Garey Avenue Pomona, CA 91767 PROPERTY OWNER: Teresa Cheung 1142 S. Diamond Bar Boulevard #423 Diamond Bar, CA 91765 CDD/Gubman recommended that the Planning Commission continue the matter to the July 27, 2021, Planning Commission meeting. C/Wolfe moved, C/Mok seconded, to move the matter to the July 27, 2021, Planning Commission meeting. Motion carried by the following Roll Call Vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Garg 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING(S): 7.1 Conditional Use Permit No. PL2021-19 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, Steve Lee, requested 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. 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 the Planning Commission keep the public hearing open and continue the matt er to the July 27, 2021, Planning Commission meeting. 4.1 Packet Pg. 7 __________________________________________________________________________ JULY 13, 2021 PAGE 3 PLANNING COMMISSION __________________________________________________________________________ C/Barlas moved, C/Wolfe seconded, to continue the public hearing to the July 27, 2021, Planning Commission meeting. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Garg 8. PUBLIC HEARINGS: 8.1 Tentative Parcel Map No. 83371 (Case No. PL2021 -15) – Under the authority of DBMC Title 21, the applicant, Samir M. Khoury of Coory Engineering, requested 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, 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 Boulevard Diamond Bar, CA 91765 APPLICANT: Samir M. Khoury, Coory Engineering 1718 N. Neville Street Orange, CA 92865 PROPERTY OWNER: Southern California Nevada Conference of the United Church of Christ 2335 S. Diamond Bar Boulevard Diamond Bar, CA 91765 AP/Tsai presented staff’s report and recommended Planning Commission adoption of 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 within the Resolution. AP/Tsai responded to C/Mok that there were no other telephone calls, emails or letters via regular mail submitted from residents inquiring about this project other than a phone call and email received after the staff report was published. Chair/Rawlings opened the public hearing. 4.1 Packet Pg. 8 __________________________________________________________________________ JULY 13, 2021 PAGE 4 PLANNING COMMISSION __________________________________________________________________________ James Ling, Coory Engineering, on behalf of the church and its members, reiterated that no construction or modifications to the existing church building are proposed in conjunction with the proposed subdivision. He thanked the Public Works Department and Planning Division staff for their assistance and stated he read and concurs with the conditions of approval as stated in the staff report. Linda Russell asked how parking would be handled if a new community is built across the street from her house since the area suffers from traffic and parking issues currently, whether a traffic signal would be installed at the bottom of the hill, how it would affect property values, and whether trees would be removed. AP/Tsai responded to Ms. Russell that currently, there is no project proposed. When a project comes to the City for Development Review, the parking will be reviewed based on the number of units proposed for the project and the project will be required to accommodate a specific number of on-site parking spaces. This subdivision request does not include removal of existing trees along the perimeter of the project site and future development of the project will address any potential traffic concerns and landscaping. Chair/Rawlings closed the public hearing. C/Wolfe moved, C/Mok seconded, to adopt a Resolution recommending City Council approval of 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 Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Garg 8.2 Conditional Use Permit No. PL2020-120 – Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, Dr. Ratul Kumar and property owner, ROIC, requested Conditional Use Permit approval to operate a 3,620 square-foot veterinary clinic (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. PROPERTY ADDRESS: 1114 S. Diamond Bar Boulevard Diamond Bar, CA 91765 4.1 Packet Pg. 9 __________________________________________________________________________ JULY 13, 2021 PAGE 5 PLANNING COMMISSION __________________________________________________________________________ APPLICANT: Dr. Ratul Kumar 1114 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Courtney Pease, ROIC 11250 El Camino Real #200 San Diego, CA 92130 AP/Nakajima presented staff’s report and recommended Planning Commission approval of Conditional Use Permit No. PL2020 -120, based on the Findings of Fact, and subject to the conditions of approval as listed in the Resolution. It was noted that there is a discrepancy in the draft resolution and staff is recommending Condition of Approval #6 be revised to state the following: 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 in parking spaces to eliminate the parking deficit generated by the Proposed Use; and 2) complete the restriping of the subject property in substantial conformance with the approved plan. C/Wolfe thanked AP/Nakajima for the correction of Item 6 on the Resolution and for providing more detail on the proposed sound control measures for the demising walls and ceiling because he was concerned that the adjoining businesses not be disrupted. He asked AP/Nakajima to repeat the STC rating of the special drywall for this project to which she responded 48-60. C/Mok asked about the restriping of both sides for an additional 18 pa rking spaces in front of Walmart which are currently set aside for pickup and whether this project infringes on some of Walmart’s parking requirements for pickup and delivery. AP/Nakajima responded that the property management company has been working with Walmart to come up with a restriping plan that works for both Walmart and the proposed veterinary hospital and their plan was submitted to the Building and Safety Division last week for plan check. CDD/Gubman said that C/Mok is correct that the pickup is in the area he referenced and C/Mok responded that he was satisfied with the property manager and Walmart working together with the new tenant for the benefit of all. Chair/Rawlings opened the public hearing. Dr. Kumar spoke about his dream of opening an animal hospital in Diamond Bar where he grew up. In studying the area, he learned that a vast majority of individuals were taking their pets outside of the city for care because the two general practice hospital and one emergency hospital were insufficient to service the animal population in Diamond Bar. He added that any pet waste will be 4.1 Packet Pg. 10 __________________________________________________________________________ JULY 13, 2021 PAGE 6 PLANNING COMMISSION __________________________________________________________________________ cleaned up in a timely manner as this would not reflect positively on the business. Dr. Kumar also explained that hospitals and sick animals generally do not produce a lot of noise. Chair/Rawlings closed the public hearing. C/Wolfe moved, C/Barlas seconded, to approve Conditional Use Permit No. PL2020-120, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Garg 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 Department C/Wolfe commented that the staff report had detailed information and requested to forgo staff’s presentation if there are no public comments. Chair/Rawlings opened the public hearing. Chair/Rawlings closed the public hearing. C/Wolfe moved, C/Barlas seconded, to adopt a Resolution recommending City Council approval of Development Code Amendment (Planning Case No. PL2021-44). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Garg 4.1 Packet Pg. 11 __________________________________________________________________________ JULY 13, 2021 PAGE 7 PLANNING COMMISSION __________________________________________________________________________ 9. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 11. 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 7:39 p.m. The foregoing minutes are hereby approved this 27th day July, 2021. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ______________________________ William Rawlings, Chairperson 4.1 Packet Pg. 12 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 5.1 MEETING DATE: July 27, 2021 CASE/FILE NUMBER: Conditional Use Permit 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 petition and letter s 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 concerns related to the laboratory use, specifically regarding the applicant being engaged in the manufacturing of COVID-19 test kits. Among other things, the residents felt that this CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 5.1 Packet Pg. 13 Conditional Use Permit No. PL2021-18 Page 2 of 3 use would endanger the health, safety and welfare of the residents, and that 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. Since Commissioner Garg was absent from the July 13, 2021, meeting, staff recommended that the Planning Commission continue the matter to July 27, 2021, to allow all five Commissioners to vote on the draft resolution denying the CUP. RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution denying Conditional Use Permit PL2021-18. PREPARED BY: REVIEWED BY: Attachments: 5.1 Packet Pg. 14 Conditional Use Permit No. PL2021-18 Page 3 of 3 A. Draft Resolution No. 2021-XX B. Planning Commission Staff Report Dated June 22, 2021 C. Draft Minutes from the June 22, 2021 Planning Commission Meeting 5.1 Packet Pg. 15 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, t he 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. 16 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 evi dence 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 5.1.a Packet Pg. 17 Page 3 Planning Commission Resolution No. 2021-XX 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. 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 findings 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 summarie s 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. 18 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. 19 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. 20 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. 21 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. 22 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. 23 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. 24 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. 25 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. 26 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. 27 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. 28 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. 29 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. 30 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. 31 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. 32 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. 33 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. 34 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. 35 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. 36 7.2.bPacket Pg. 495.1.bPacket Pg. 37 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. 38 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. 39 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. 40 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. 41 ________________________________________________________________________ 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. 42 ________________________________________________________________________ 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. 43 ________________________________________________________________________ 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. 44 ________________________________________________________________________ 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. 45 ________________________________________________________________________ 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. 46 ________________________________________________________________________ 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. 47 ________________________________________________________________________ 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. 48 ________________________________________________________________________ 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. 49 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: July 27, 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 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 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 acceptable interior noise levels to ensure that there is no spillover noise that would adversely impact adjoining businesses. By a 4 -1 vote, the Planning Commission continued the hearing to July 13, 2021, to allow staff to research the matter and formulate an appropriate condition of approval to address potential sound transmission between partitioned tenant spaces. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 50 Conditional Use Permit Planning Case No. PL2021-19 Page 2 of 4 At the July 13, 2021, Planning Commission meeting, the Planning Commission again continued the hearing to July 27, 2021, to allow staff time to research the question. RECOMMENDATION: Adopt the attached Resolution (Attachment A) approving Conditional Use Permit No. PL2021-19, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.58, subject to conditions. ANALYSIS: Noise Music inside of the proposed fitness studio will be played at a low volume in the background (approximately 40 decibels) at an ambient sound level as not to disrupt conversations, coaching, and consultation sessions. The fitness stu dio focuses on individual coaching and training, and will not have group classes. All activities associated with the fitness studio will be located indoors. Most clients utilize their own earphones during workout sessions once their training program s have been established. Furthermore, the studio prohibits disruptive behavior, such as dropping weights and dumbbells, in order to maintain a pleasant environment. To alleviate any potential noise concerns, the entire workout space will be covered with ¾-inch thick sound deafening rubber flooring. Rubber flooring is a standard treatment for weight rooms where dumbbells, kettlebells, and other heavy workout accessories are likely to be dropped. Moreover, rubber flooring is commonly placed underneath weight machines and equipment to help attenuate and absorb unwanted sound transmitted through flooring to other areas of the building. The rear door, which is 1 ¾- inch thick solid-core wood, is tight-fitting and self-closing and will remain closed. The solid-core door will help block sound transmission compared to a hollow-core door that is typical of most interior doors. The tenant space’s demising walls have a Sound Transmission Class (STC) rating of 45-49, which is typical for unenhanced partition walls. STC is an integer rating used to calculate the effectiveness of soundproofing materials in reducing the transmission of sound between rooms. STC is a widely used measurement of sound attenuation performance of wall and floor systems and is measured roughly b y the decibel reduction in noise that materials or partitions can provide. The Building Code requires that walls separating residential dwelling units from other units and exterior noise have a minimum STC rating of 50. The Building Code does not have a n STC standard for commercial demising walls. To provide context to STC ratings and their effectiveness, the following table from the North American Insulation Manufacturers Association pairs a STC rating with a subjective experience to determine the degree of sound isolation: 7.1 Packet Pg. 51 Conditional Use Permit Planning Case No. PL2021-19 Page 3 of 4 STC Rating Speech Audibility* Noise Control Rating 15 to 25 Normal speech easily understood Poor 25 to 35 Loud speech easily understood. Normal speech 50% understood. Marginal 35 to 45 Loud speech 50% understood. Normal speech faintly heard, but not understood. Good 45 to 55 Loud speech faintly heard, but not understood. Normal speech usually inaudible. Very Good 55 and up Loud speech usually inaudible Excellent * Given a typical background noise level of 30 decibels on the “listening” side Staff researched surrounding cities and their requirements for interior noise levels for fitness facilities and found that the conditions of approval pertaining to noise required reduced volume of music or the use of sound-absorbing materials such as flooring and wall panels. Staff recommends that Condition of Approval no. 4 to be revised as follows: If, at any time, the City finds that the Use is the cause of a parking deficiency, noise nuisance, or other land use impact, within or beyond the subject property boundaries, the Community Development Director, after providing the entitlement holder a reasonable opportunity to mitigate the impact(s) to an acceptable level, may refer the matter back to the Planning Commission to consider amendin g or revoking this Conditional Use Permit to address such impacts. Based on the characteristics of the proposed use, together with the proposed amended language to Condition no. 4, it is staff’s opinion that the proposed fitness studio would not be a nuisance to the adjacent businesses. The fitness studio is also oriented away from any residential uses and is facing the 60 Freeway. In the future, should there be noise complaints, the City may bring the matter back to the Planning Commission to address such impacts, such as installing sound attenuation products. Given the proposed business operations, availability of parking, types of adjoining uses, and noise control mitigation measures, it is reasonable to conclude that the proposed fitness studio will be compatible with the other uses in the center and the surrounding neighborhood. NOTICE OF PUBLIC HEARING: On June 9, 2021, public hearing notices were mailed to property owners within a 500 - 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. The Planning Commission continued the item from the June 22, 2021, meeting to July 13, 2021. Another continuance was requested from the July 13, 2021 , 7.1 Packet Pg. 52 Conditional Use Permit Planning Case No. PL2021-19 Page 4 of 4 meeting to July 27, 2021. Since the hearing was never closed and was continued to dates certain, the Project was not required to be re-noticed. Public Comments Received No comments were received prior to and a t the previous Planning Commission hearing on June 22, 2021. In addition, no comments have been received as of the publication date of this report. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX and Standard Conditions of Approval B. Planning Commission Staff Report Dated June 22, 2021 C. Minutes from the June 22, 2021 Planning Commission Meeting 7.1 Packet Pg. 53 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2021-19, TO OPERATE A FITNESS STUDIO (FITNESS 100) WITHIN A 3,966 SQUARE-FOOT TENANT SPACE LOCATED AT 20657 GOLDEN SPRINGS DRIVE, SUITE 111A, DIAMOND BAR, CA (APN 8763-007-022). A. RECITALS 1. Property owner, Golden Springs Asset LLC, and applicant, Steve Lee for Fitness 100, have filed an application for Conditional Use Permit No. PL 2021-19 to operate a fitness studio for Fitness 100 in a 3,966 square-foot tenant space within an existing shopping center, Golden Springs Plaza . The project site is more specifically described as 20657 Golden Springs Drive, Suite 111A, 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 2.30 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 Assessor’s Parcel Number is 8763-007-022. 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 500-foot radius of the Project site and posted at the City’s designated community posting sites. The Planning Commission continued the item from the June 22, 2021, meeting to July 13, 2021. On July 13, 2021, the Planning Commission again continued the matter to July 27, 2021. Since the hearing was continued to a date certain, the Project was not required to be re-noticed. 5. On July 27, 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. 7.1.a Packet Pg. 54 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 un der 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, health and fitness facilities, as defined by DBMC Section 22.80.020, are permitted in the C-3 zoning district with approval of a conditional use permit. The proposed fitness studio will be located in a tenant space within Golden Springs Plaza, an existing shopping center . Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed fitness studio will be compatible with neighboring uses in the commercial 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 Goal LU-G-11: (“Support existing commercial centers by encouraging ongoing investment and, where appropriate, reuse and redevelopment”) in that the Proposed Use will occupy an existing tenant space. The Proposed Use is consistent with General Plan Goal ED -G-3: (“Support the retention, rehabilitation, and/or expansion of existing businesses, and the attraction of new businesses”) in that the Proposed Use is a new business locating within an existing shopping center. 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 will be located within an existing tenant space at Golden Springs Plaza, a multi-tenant, two-story commercial building occupied by a variety of uses including restaurants, personal services, and medical and professional offices. The Proposed Use complies with the City’s Development 7.1.a Packet Pg. 55 3 PC Resolution No. 2021-XX Code parking requirement as well as parking demand. The Proposed Use will operate from 6 a.m. to 9 p.m., Monday through Sunday. To alleviate any potential noise concerns, any background music will be played at a low volume as to not disrupt conversations. In addition, the entire workout space will be covered with ¾-inch thick sound deafening rubber flooring. The rear door is constructed of solid-core wood and is tight-fitting and self-closing, which will help block sound transmission compared to a hollow-core door that is typical of most interior doors. Demising walls include sound-attenuating construction materials and have a STC 45-49 rating. 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 commercial building 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 be using existing access and parking. Golden Springs Plaza provides 243 on-site parking spaces. The parking required for the current palette of uses excluding the proposed fitness studio is 199 spaces. The proposed fitness studio requires a minimum of 24 spaces. The total off-street parking requirement for the subject site would thus be 223 parking spaces, leaving a surplus of 20 spaces based on Development Code requirements. The existing parking supply would accommodate the parking demand of existing uses and the proposed fitness studio. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, it is reasonable to conclude that the proposed fitness studio will be compatible with the other uses in the commercial center and neighborhood. The proposed use is physically suitable at the subject site because it is operating within an existing commercial center and will be using existing access and parking in the center. 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). 7.1.a Packet Pg. 56 4 PC Resolution No. 2021-XX 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. PL2021-19 subject to the following conditions: 1. This approval is for the operation of a fitness studio for Fitness 100 in a 3,966 square-foot tenant space at Golden Springs Plaza, an existing commercial building as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2021-19 dated July 27, 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 20657 Golden Springs Drive, Suite 111A, 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, noise nuisance, or other land use impact, within or beyond the subject property boundaries, the Community Development Director, after providing the entitlement holder a reasonable opportunity to mitigate the impact(s) to an acceptable level, may refer the matter back to the Planning Commission to consider amending or revoking 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 Condit ional Use Permit, pays all application processing fees and receives approval from the Planning Commission. 6. Building and Safety Division (a) The occupant load shall be limited to 15. 7.1.a Packet Pg. 57 5 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, by certified mail to the property owner, Golden Springs Asset LLC, 20657 Golden Springs Dr., Ste 201, Diamond Bar, CA 91789; and applicant, Steve Lee, 3935 Landmark Ln., Brea, CA 92823. 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 7.1.a Packet Pg. 58 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. PL2021-19 SUBJECT: To operate a fitness studio for Fitness 100 in a 3,966 square-foot tenant space at Golden Springs Plaza, an existing commercial building PROPERTY Golden Springs Asset LLC OWNER(S): 20657 Golden Springs Drive, Ste 201 Diamond Bar, CA 91789 APPLICANT: Steve Lee for Fitness 100 3935 Landmark Lane Brea, CA 92823 LOCATION: 20657 Golden Springs Drive, Suite 111A Diamond Bar, CA 91789 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. PL2021-19 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: 7.1.a Packet Pg. 59 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 attorney 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. PL2021-19 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 Diamond 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 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. 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 7.1.a Packet Pg. 60 8 PC Resolution No. 2021-XX 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. PL2021-19 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. All work shall be in conformance to the 2019 California Building Code series. 2. Existing ADA facilities shall be upgraded to current requirements as per CBC 11B-202. 3. The two exits shall be maintained at all times and exit signage and lighting maintained to the front and rear corridor exit. 4. The occupant load shall be limited to 15. 5. Plumbing fixture count shall be in accordance with CPC Table 422.1 based on CPC Table A. 6. Electrical plans shall be required for electrical upgrades required for the tenant improvement. This will include panel load calculations to be approved in plan check. END 7.1.a Packet Pg. 61 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: June 22, 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 SUMMARY: The applicant, Steve Lee, is requesting approval of a Conditional Use Permit (CUP) to operate a 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. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No. PL2021-19, 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 7.1.b Packet Pg. 62 Conditional Use Permit Planning Case No. PL2021-19 Page 2 of 8 BACKGROUND: On July 20, 2004, the City Council approved Golden Springs Plaza, a 52,647 square - foot, two-story commercial building located at the northwest corner of Golden Springs Drive and Banning Way. Golden Springs Plaza has a variety of uses, including restaurants, medical and professional offices, and personal service uses. There are ground-level and underground parking spaces available on site, for a total of 243 parking spaces. Site and Surrounding General Plan, Zoning and Land Uses The project site is bound by the State Route 60 freeway to the north, Banning Way to the east, Golden Springs Drive to the south, and Lemon Avenue to the west. Adjacent existing land uses include a nursery to the north, single -family residences to the south, and a variety of commercial and office uses to the east and west of the subject site. Aerial View 7.1.b Packet Pg. 63 Conditional Use Permit Planning Case No. PL2021-19 Page 3 of 8 Storefront of Tenant Lease Space The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning Land Uses Site General Commercial Regional Commercial (C-3) General Retail, Restaurant, Office, and Personal Service Uses. North N/A N/A SR-60 Freeway and Nursery South Low Density Residential (RL) Low Density Residential (RL) Single-Family Residential Southwest General Commercial (C) Regional Commercial (C-3) Personal Service Uses, Restaurants, Liquor Store East General Commercial (C) Regional Commercial (C-3) Professional Offices West General Commercial (C) Community Commercial (C-2) General Retail, Restaurant, Office, and Service Uses 7.1.b Packet Pg. 64 Conditional Use Permit Planning Case No. PL2021-19 Page 4 of 8 Project Description Fitness 100 is a private fitness facility for certified fitness professionals to train their clients through personalized training programs. The fitness facility was previously located in the City of Walnut and proposes to relocate to City of Diamond Bar, at Golden Springs Plaza. The proposed fitness studio will offer a space to allow trainers to provide private training sessions with their clients on an appointment -only basis. The business will not hold group classes, and memberships are not sold. The fitness studio will also have a selection of products for sale, including nutritional supplements, refreshments, and other related products. Proposed Floor Plan The proposed fitness studio will be open seven days per week, from 6 a.m. to 9 p.m. There will be approximately 15 trainers (part time and full time) as independent contractors who offer private individual training sessions tailored to their clients. The trainers will develop personalized programs for their clients with training sessions that last from 30 minutes to an hour maximum. All training sessions are scheduled in advance to ensure that the occupancy is limited to 9 or less. The client may train by themselves or with their trainer. A condition of approval from the Building and Safety Division states that the maximum number of people inside be limited to 15. 7.1.b Packet Pg. 65 Conditional Use Permit Planning Case No. PL2021-19 Page 5 of 8 The proposed floor plan includes two offices, a storage closet, and a training area with training equipment. The tenant space will have access to the building’s interior common area to utilize the restrooms. 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 Co mmission 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 health and fitness uses is one space per 150 square feet of gross floor area. General office u ses requires one space per 400 square feet of gross floor area. Current parking standards require shopping centers larger than 50,000 square feet in size to provide one parking space for every 300 square feet of gross floor area. The project site provides 243 off-street parking spaces, with ground-level and underground parking. The two-story commercial building is approximately 52,647 square feet. The parking required for the current palette of uses excluding the proposed fitness studio is 199 spaces. The proposed fitness studio requires a minimum of 24 spaces. The total off-street parking requirement for the subject site would thus be 223 parking spaces, leaving a surplus of 20 spaces based on Development Code requirements. The table below provides a summary of the parking requirements for the fitness studio. 7.1.b Packet Pg. 66 Conditional Use Permit Planning Case No. PL2021-19 Page 6 of 8 City’s Development Code Parking Requirement Use Sq. Ft. Parking Ratio Parking Required Parking Provided Shopping Center 43,862 1/300 sq. ft. 146 Yamaha Music (CUP PL2010-263) 2,271 1 space per 200 sq. ft. plus 1 space per employee 33 US Art Center CUP PL2012-1107 2,600 1 space per 200 sq. ft. plus 1 space per employee 20 Proposed Fitness Studio (Suite 111A) 3,350 Fitness Area 564 Office Area 1/150 sq. ft. 1/400 sq. ft. 24 Total 52,647 223 243 Parking Demand When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, medical and professional offices, personal services, and specialized education uses. The varying uses result in a range of peak business hours and parking demands. The peak parking demand occurs on weekdays from 9 a.m. to 6 p.m. Although the proposed fitness studio is proposed to be open seven days a week from 6 a.m. to 9 p.m., the hours of operation will provide trainers and their clients more flexibility for scheduling training sessions. The training sessions generally last from 30 minutes to an hour at most. As there are no shower rooms on site, clients typically leave after their workout. This will allow the fitness studio to better manage the number of people inside and limit any overlapping schedules. As a result, there will be limited demand for parking spaces during the fitness studio’s extensive operating hours. Based on their business proposal and the maximum occupancy load per the Building and Safety Division’s condition of approval, the business will need a maximum of 9 parking spaces. Under a parking demand sce nario, the proposed use may generate less demand. As the center has 243 parking spaces available, there would still be a surplus of 26 parking spaces under this parking demand scenario. 7.1.b Packet Pg. 67 Conditional Use Permit Planning Case No. PL2021-19 Page 7 of 8 Parking Demand Use Sq. Ft. Parking Ratio Parking Required Parking Provided Shopping Center 43,862 1/300 sq. ft. 146 Yamaha Music (CUP PL2010-263) 2,271 15 students, 8 teachers, 2 admin. staff 25 US Art Center CUP PL2012-1107 2,600 Maximum of 7 staff members and 30 students at any one time 37 Proposed Fitness Studio (Suite 111A) 3,350 Fitness Area 564 Office Area Maximum of 9 people at any one time 9 Total 52,647 217 243 Staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed fitness studio use. In addition, the proposed fitness studio will not increase any square footage to the existing building. Compatibility with Neighborhood Golden Springs Plaza has a variety of uses, including restaurants, medical and professional offices, and personal service uses. The center is surrounded by a nursery and the 60 freeway to the north, single-family residences to the south, and a variety of commercial and office uses to the east and west. The operational characteristics of the proposed fitness studio are compatible with the existing uses in the center as well as the surrounding neighborhood. Given the proposed hours of operation, the availability of parking, and the diversity of uses, the proposed fitness studio is expected to be a compatible use at this location. In addition, the proposed use is consistent with the current zoning designation of Regional Commercial. Project Site 7.1.b Packet Pg. 68 Conditional Use Permit Planning Case No. PL2021-19 Page 8 of 8 Additional Review The Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On June 9, 2021, public hearing notices were mailed to property owners within a 500 - 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 No comments have been received as of the publication date of this report. 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: Attachments: A. Draft Resolution No. 2021-XX and Standard Conditions of Approval B. Business Plan C. Site Plan and Floor Plan 7.1.b Packet Pg. 69 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 7.1.c Packet Pg. 70 ________________________________________________________________________ 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. 7.1.c Packet Pg. 71 ________________________________________________________________________ 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 7.1.c Packet Pg. 72 ________________________________________________________________________ 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. 7.1.c Packet Pg. 73 ________________________________________________________________________ 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. 7.1.c Packet Pg. 74 ________________________________________________________________________ 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 7.1.c Packet Pg. 75 ________________________________________________________________________ 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. 7.1.c Packet Pg. 76 ________________________________________________________________________ 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. 7.1.c Packet Pg. 77 ________________________________________________________________________ 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 7.1.c Packet Pg. 78 Project Status Report CITY OF DIAMOND BAR July 27, 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 7/27/21 CC 8/3/21 PC 8/10/21 CC 8/17/21 PC 8/24/21 CC 9/7/21 3333 Diamond Canyon (Medical office) CUP PL2021-18 MN Jordan Wang X 20657 Golden Springs Dr., #111A (Fitness studio) CUP PL2021-19 JT Steve Lee Cont. PH 2335 S. Diamond Bar Blvd. (2-lot subdivision) TPM PL2021-15 JT Samir Khoury PH Small Wireless Ordinance DCA PL2021-44 MN City of Diamond Bar 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 First incomplete letter sent 7/21/21 – waiting for additional information Crooked Creek (7-unit subdivision) TTM, DR, CUP, TP PL2017-203 MN New Bridge Homes Fourth incomplete letter sent 7/15/21 – waiting for additional information 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 Second incomplete letter sent 7/20/21 – waiting for additional information 2751 S. Diamond Bar Blvd. (Amendment to CUP PL2010-89 for after school component) CUP Amendment PL2021-39 JT Lance Kim Under review 9.1 Packet Pg. 79 Project Status Report CITY OF DIAMOND BAR Page 2 July 27, 2021 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 24011 Falcons View Dr. (Addition and remodel to single family residence) DR, MCUP, TP PL2020-25 MN William Edwards Under review 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 9.1 Packet Pg. 80 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: I am employed by the City of Diamond Bar, Community Development Department. On July 23, 2021, a copy of the July 27, 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 23, 2021, at Diamond Bar, California. Stella Marquez Community Development Department 5:\\s\effidaVllPasli^6.d^c