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HomeMy WebLinkAbout06/22/2021MINUTES 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: NOES: ABSENT: 5. OLD BUSINESS NEW BUSINESS COMMISSIONERS COMMISSIONERS COMMISSIONERS None None 7. PUBLIC HEARING(S): BarlasMokWolfeVC/Garg Chair/Rawlings None None 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 JUNE 225 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 APPLICANT: PROPERTY OWNER: 20657 Golden Springs Drive, Suite 111A Diamond Bar, CA 91789 Steve Lee 3935 Landmark Lane Brea, CA 92823 Golden Springs Asset LLC 20657 Golden Springs Drive, Suite 201 Diamond Bar, CA 91789 AP/Tsai presented staffs 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. 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Barlas, Mok, Wolfe, Chair/Rawlings VC/Garg 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 staffs report and recommended Planning Commission approval of Conditional Use Permit Planning Case No. PL2021-18, based on the 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, including 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 should 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. 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 that 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 done 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. JUNE 225 2021 PAGE 6 PLANNING COMMISSION Mr. Wang responded to C/Barlas's question that Innova is a No 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 aI 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 JUNE 225 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. PL2021A8. 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 10'h 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 forward 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 moving 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. JUNE 225 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. 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 community 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. 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. 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 not 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 decision 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 4�h 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 g:08 p.m. The foregoing minutes are hereby approved this July 13, 2021. Attest: Respectfully Submitted, Greg Gubman, Community Development Director �i William Rawlings, Chairperson