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Home My WebLink AboutPC 2021-11PLANNING COMMISSION RESOLUTION NO. 2021AI A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO, PL2021A8, 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 projectwas published in the San Gabriel Valley Tribune newspaper and posted at the City's designated community posting sites. 5. On June 22, 2021, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, received a staff report and information concerning the Proposed Use from City Staff, solicited testimony and evidence from the applicant and all other interested individuals, and concluded said hearing on that date. The applicant and all other interested individuals were given an opportunity to be fully heard and to present evidence at the public hearing. 6. After the close of the public hearing, the Planning Commission gave due and careful consideration to the matter and, upon a motion duly passed 3-2, directed staff to prepare a resolution for denial of the Proposed Use based on the facts and information contained in the oral and written record. 7. The documents and materials constituting the administrative record of the proceedings upon which the Planning Commission's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. Co FINDINGS OF FACT AND CONCLUSIONS Based upon the totality of the information provided and substantial evidence in the administrative record, the Planning Commission hereby finds and determines that the proposed use is not compatible with the surrounding neighborhood and will be detrimental to the health, safety and welfare of the residents contemplated by Chapter 22.58 of the Diamond Bar Municipal Code. Based on the above, the following two (2) findings required for approval of a Conditional Use Permit pursuant to DBMC Section 22.58.040 cannot be made: "(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 COVID49 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 Page 2 PC Resolution No. 2021-11 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 summaries of information in this Resolution are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Page 3 CUP PL2027-18-Denial 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 GubmanI 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 Mok, Wolfe, VC/Garg Barlas, Chair/Rawlings None None Page 4 • �CUP PL2027-18-Denial