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HomeMy WebLinkAbout09/28/2021PLANNING COMMISSION AGENDA ______________________________________________ September 28, 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, Attendee Access Code: 433-031-950 or visiting https://attendee.gotowebinar.com/register/7403571859068901900 . 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. Public comment may be submitted by logging onto the meeting through this link: visiting https://attendee.gotowebinar.com/register/7403571859068901900 . 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 item s are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questi ons regarding an agenda item, please call (909) 839-7030 during regular business hours. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. CITY OF DIAMOND BAR PLANNING COMMISSION September 28, 2021 AGENDA Next Resolution No. 2021-17 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 inte rest not on the agenda that are within the subject matter jurisdiction of the council. Although the Planning Commission values your comments, pursuant to the brown act, members of the Planning Commission or staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five -minute maximum time limit when addressing the Planning Commission. Please complete a speaker card and hand it to the Minutes Secretary (completion of this form is voluntary). The city will call on in person speakers first and then teleconference callers, one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or Planning Commission consideration item, you will then be called upon to speak at that point in the agenda. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Planning Commission only: 4.1 Minutes of the Planning Commission Meeting – September 14, 2021 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Amendment to Minor Conditional Use Permit Planning Case No. PL2019-122 - Under the authority of Diamond Bar Municipal Code SEPTEMBER 28, 2021 PAGE 2 PLANNING COMMISSION Section 22.56, the applicant is requesting to amend the previously - approved Minor Conditional Use Permit for a 1,600 square-foot outdoor dining area at the north (front) and west sides of an existing 3,871 square - foot restaurant (Jasmine Grill) to allow hookah service in the existing outdoor dining area at the north (front) side of the existing restaurant (Jasmine Grill). The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial (C). PROJECT ADDRESS: 21130 Golden Springs Drive Diamond Bar, CA 91789 APPLICANT: MHD Marwan Almannini 21130 Golden Springs Drive Diamond Bar, CA 91789 PROPERTY OWNER: Anna and Gary Malkhasian 11534 Dellmont Drive Tujunga, CA 91042 ENVIRONMENAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301 (Existing Facilities) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission approve Amendment to Minor Conditional Use Permit Planning Case No. PL2019-122, 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: 10. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: Tuesday, October 5, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive PLANNING COMMISSION MEETING: Tuesday, October 12, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive SPECIAL MEETING OF THE PLANNING COMMISSION (Housing Element): Wednesday, October 13, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive SEPTEMBER 28, 2021 PAGE 3 PLANNING COMMISSION 11. ADJOURNMENT: CITY COUNCIL MEETING: Tuesday, October 19, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive PLANNING COMMISSION MEETING: Tuesday, October 26, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive CITY COUNCIL MEETING: Tuesday, November 2, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive PLANNING COMMISSION MEETING: Tuesday, November 9, 2021, 6:30 pm Windmill Community Room Diamond Bar City Hall, 21810 Copley Drive VETERANS DAY HOLIDAY: Thursday, November 11, 2021, 6:30 pm In observance of the holiday, City offices will be closed. City offices will re-open on Friday, November 12, 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 SEPTEMBER 14, 2021 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Commissioners Wolfe 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 (telephonically); Mayuko (May) Nakajima, Associate Planner; Joy Tsai, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented. 3. PUBLIC COMMENTS: None Offered. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Planning Commission Meeting of August 24, 2021. C/Wolfe moved, C/Mok 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 Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25 – Under the authority of Diamond Bar Municipal Code Sections 22.48, 22.56 and 22.38, applicant William R. Edward and property owner Li Lai requested Development Review approval for a 2,921 square foot addition, exterior and interior remodel, new 996 square-foot garage, 2,040 square 4.1 Packet Pg. 6 ________________________________________________________________________ SEPTEMBER 14, 2021 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ feet of patio/balcony areas, retaining walls and rear yard improvements to an existing 3,062 square foot single-family residence on a 1.61 gross acre (70,131 gross square foot) site. A Tree Permit was requested to protect seven coast live oak trees, and a Minor Conditional Use Permit was also requested to allow the continuation of an existing nonconforming structure with a 21 foot, 11 inch front setback (where 30 feet is required). The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 24011 Falcons View Drive Diamond Bar, CA 91765 APPLICANT: William R. Edwards EAC Planning and Design 2549 East Bluff Drive #297 Newport Beach, CA 92660 PROPERTY OWNER: Li Lai 24011 Falcons View Drive Diamond Bar, CA 91765 AP/Nakajima presented staff’s report and recommended Planning Commission approval of Development Review, Tree Permit, and Minor Conditional Use Permit Planning Case No. PL2020-25, based on the findings of fact, and subject to the conditions of approval listed within the resolution. Chair/Rawlings opened the public hearing. Bill Edwards, architect, thanked the City and others for their assistance in moving the project forward. Chair/Rawlings closed the public hearing. C/Mok said he was pleased the applicant and property owner worked together to preserve the seven existing oak trees and will be planting an additional nine oak trees. Chair/Rawlings concurred. C/Mok moved, C/Barlas seconded, to approve Development Review, Tree Permit and Minor Conditional Use Permit Planning Case No. PL2020-25, based on the findings of fact, and subject to the conditions of approval listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.1 Packet Pg. 7 ________________________________________________________________________ SEPTEMBER 14, 2021 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ 7.2 Conditional Use Permit Planning Case No. PL2021-30 – Under the authority of Diamond Bar Municipal Code Section 22.58, applicant Shawn Zuo requested Conditional Use Permit approval to operate an indoor fitness studio with group classes in a 2,407 square-foot tenant space within a 15,360 square-foot, multi- tenant single-story commercial building (previously occupied by Big Lots) in the Diamond Bar Town Center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 1139 S. Diamond Bar Boulevard, Unit F Diamond Bar, CA 91765 APPLICANT: Shawn Zuo 716 N. Conlon Avenue West Covina, CA 91790 PROPERTY OWNER: Diamond Bar 3721 LLC 24 Prairie Grass Irvine, CA 92603 AP/Tsai provided staff’s report and recommended Planning Commission approval of Conditional Use Permit Planning Case No. PL2021 -30, based on the findings of fact, and subject to conditions of approval as listed within the resolution. VC/Garg asked if any similar type studios existed in Diamond Bar or surrounding areas and AP/Tsai responded that this franchise is not currently in Diamond Bar but has locations in San Dimas, Chino Hills and Claremont. Chair/Rawlings opened the public hearing. With no one wishing to speak on this item, Chair/Rawlings closed the public hearing. VC/Garg moved, Chair/Rawlings seconded, to approve Conditional Use Permit Planning Case No. PL2021-30, based on the findings of fact, and subject to conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg, Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.1 Packet Pg. 8 ________________________________________________________________________ SEPTEMBER 14, 2021 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: C/Barlas congratulated the Fit Body Boot Camp owners and said she appreciated their operational hours. C/Mok said it was nice to see how the former Big Lots building was divided into smaller units and believes all spaces are now leased out. He welcomed the indoor fitness center (Agenda Item 7.2) and wished them good luck with their business. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reported one item for the September 28th Commission meeting agenda, an Amendment to Minor Conditional Use Permit request from Jasmine Grill restaurant to add hookah service to their outdoor patio area. The Special Meeting to consider the Housing Element is scheduled for Wednesday, October 13 th in the Windmill Room at 6:30 p.m. and with the Commission’s recommendation for Council adoption, it will move forward to the City Council on November 2nd for adoption and submission to the State Department of Housing Community Development for certification. CDD/Gubman responded to C/Mok that he did not foresee a regular Commission meeting on October 12th. 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 6:52 p.m. The foregoing minutes are hereby approved this ____________________________, 2021. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ______________________________ William Rawlings, Chairperson 4.1 Packet Pg. 9 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 28, 2021 CASE/FILE NUMBER: Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 PROJECT LOCATION: 21130 Golden Springs Drive Diamond Bar, CA 91789 (APN 8763-006-022) GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Community Commercial (C-2) PROPERTY OWNER: Anna and Gary Malkhasian 11534 Dellmont Drive Tujunga, CA 91042 APPLICANT: MHD Marwan Almannini 21130 Golden Springs Drive Diamond Bar, CA 91789 SUMMARY: The applicant, MHD Marwan Almannini, is requesting approval of an amendment to the previously-approved Minor Conditional Use Permit (MCUP) and Variance to establish a 1,600 square-foot outdoor dining area at the north (front) and west sides of an existing 3,871 square-foot restaurant (Jasmine Grill). The proposed amendment, if approved, would allow hookah service in the front portion of the outdoor seating area. RECOMMENDATION: Adopt the attached Resolution (Attachmen t A) approving an Amendment to MCUP and Variance No. PL2019-122, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.56, subject to conditions. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 10 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 2 of 11 BACKGROUND: The subject property consists of a 0.83-acre parcel located at the south side of Golden Springs Drive, east of Brea Canyon Road. The property was developed in 1975 under Los Angeles County standards with a 3,871 square -foot restaurant. On December 10, 2019, the Planning Commission approved an entitlement package (Planning Case No. PL2019-122) consisting of: 1) an MCUP to allow outdoor dining at the existing restaurant; and 2) a Variance to reduce the required distance separation between the outdoor dining area and the nearest residential uses. There are 40 parking spaces available on-site. The property is legally described as Lot 2 of Parcel Map No. 4739. The Assessor’s Parcel Number (APN) is 8763-006-022. Site and Surrounding General Plan, Zoning and Land Uses The aerial image below highlights the subject property: 7.1 Packet Pg. 11 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 3 of 11 Aerial View 7.1 Packet Pg. 12 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 4 of 11 Project Site with Existing Outdoor Dining Area The following table describes the surrounding land uses located adjacent to the subject property: General Plan Designation Zoning Land Uses Site General Commercial Community Commercial (C-2) Restaurant with Outdoor Dining North General Commercial Community Commercial (C-2) Service Station and a Drive-thru Restaurant with Outdoor Dining South Low-Medium Density Residential Low-Medium Density Residential (RLM) Single-Family Residences East General Commercial Community Commercial (C-2) Outdoor Retail (Diamond Fresh Farmers Market) West General Commercial Regional Commercial (C-3) Service Station and Drive-thru Carwash Site Features The project site is comprised of a single tenant, Jasmine Gril l, which serves lunch and dinner. The restaurant is located toward the east side of the property. Parking is located to the north (front), west, and south (rear) of the restaurant. There is existing landscaping throughout the property. The outdoor dining area is located on the north 7.1 Packet Pg. 13 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 5 of 11 and west sides of the building, and is enclosed by wrought iron railing and an open metal trellis framework. Furnishings within the patio area include decorative tables, chairs, waste receptacles, large potted plants, and umbrellas. Access to the outdoor dining areas is provided via an existing ADA-compliant walkway located adjacent to the parking lot and the front entrance. The current hours of operation are Wednesdays through Monday from 10:30 a.m. to 9:00 p.m. and closed on Tuesdays. The restaurant is not proposing to extend its hours of operation. Alcohol is currently not served. PROJECT DESCRIPTION: The applicant is requesting an amendment to the previously -approved Minor Conditional Use Permit to allow ancillary hookah service in the front portion of the outdoor dining area. A hookah is a water pipe device of Middle Eastern origin that is used to smoke shisha, which is flavored tobacco (a mixture of tobacco, dried fruits and molasses) or a non-tobacco-based substitute. The smoke is filtered through water at the base of the hookah pipe. Changes to the building exterior are not proposed as part of this application, except for the removal of unpermitted canopy coverings on top of the decorative metal trellis structures. The applicant is proposing to provide additional outdoor patio furniture in the front of the outdoor dining area to accommodate hookah service. The side portion of the outdoor dining area that wraps around the west side of the building will not have hookah service. The hookah preparation area will be located at the rear of the building, away from food preparation areas. 7.1 Packet Pg. 14 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 6 of 11 Site Plan with Proposed Hookah Service Area 7.1 Packet Pg. 15 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 7 of 11 Proposed Floor Plan Existing Outdoor Seating Area 7.1 Packet Pg. 16 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 8 of 11 ANALYSIS: Review Authority (DBMC Section 22.56) A Minor Conditional Use Permit (MCUP) is intended to allow for uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. MCUPs are normally subject to approval of the City’s Hearing Officer (typically the Community Development Director). However, because the previously-approved MCUP and Variance were reviewed and approved by the Planning Commission, the requested amendment to the MCUP is subject to review and approval by the Planning Commission (i.e., the highest review authority). When reviewing a MCUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine wheth er 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 stipula ting 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 MCUP is approved, it runs with the land and all conditions placed on the MCUP 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 co mply 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 a restaurant is one space for every 75 square feet of indoor gross floor area for patrons, plus one space for each 300 square feet of service area, plus one space for each 100 square feet of outdoor dining area. The existing restaurant with the outdoor dining area requires a minimum of 40 parking spaces. There are currently 40 parking spaces, including three ADA parking spaces provided on-site. The applicant is not proposing to expand the footprint of the existing outdoor dining areas. The subject site continues to be in compliance w ith the minimum number of required parking spaces for the restaurant and outdoor dining area by providing 40 spaces. 7.1 Packet Pg. 17 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 9 of 11 City’s Development Code Parking Requirement Use Sq. Ft. Parking Ratio Parking Required Jasmine Grill Restaurant Patron Area 1,100 1 space per 75 sq. ft. 15 Service Area 2,771 1 space per 300 sq. ft. 9 Outdoor Dining Area 1,600 1 space per 100 sq. ft. 16 5,471 Total 40 Parking Provided 40 Compatibility with Neighborhood The project site is surrounded by an outdoor retail sto re (Diamond Fresh Farmers Market) to the east, a service station (Mobil) with a drive -thru carwash to the west, fast food restaurant (In-N-Out) with outdoor dining to the north, and single-family residences to the south. The restaurant already has an existing outdoor dining area. In addition, the existing outdoor sales area of Diamond Fresh Farmers Market abuts the residences to the south, and the Mobil service station and drive-thru carwash are operating later than Jasmine Grill. Therefore, the existing residences are already subject to noise and activity associated with the existing and adjacent uses. The proposed request to allow hookah service is ancillary to the primary restaurant and outdoor dining uses and will have a negligible effect on existing noise and activity levels in the vicinity. The project site is also located near a busy intersection of two major arterials, Golden Springs Drive and Brea Canyon Road, with noise levels at 70 decibels according to the Diamond Bar General Plan 2040 Enviro nmental Impact Report. The SR-60 freeway is also in close proximity and is a major contributor to ambient noise levels. Furthermore, there will be no additional visual and privacy impacts generated from the proposed hookah services since there are existing block walls and dense landscaping at the rear of the property which provides screening. The operating characteristics will have minimal impacts, if any, and are compatible with the existing and future uses in the surrounding area as conditioned through the amendment to the MCUP. Smoking Under California State law, hookah falls under the definition of a tobacco product, and is subject to the same regulations that apply to the smoking of other tobacco products in outdoor dining areas. Although local jurisdictions may enact additional outdoor smoking restrictions, the Diamond Bar Municipal Code currently does not contain such restrictions. 7.1 Packet Pg. 18 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 10 of 11 State regulations regarding smoking primarily address employee health in the workplace, and do not, generally, address the health of the public at large. For instance, it is against State law to smoke or use electronic smoking or vaping de vices, such as e-cigarettes, in an enclosed space at a place of employment or owner-operated business. State law bans smoking within 20 feet of the entrance or operable window of a public building, which is defined as a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district. State law also prohibits smoking within 25 feet of playgrounds and tot lots. Generally speaking, California regulations permit outdoor smoking lounges with food service, and prohibit indoor smoking lounges with food service. No type of entertainment, including live or recorded music, is proposed by the applicant. The applicant is proposing to limit hookah service to the north (front) portion of the existing outdoor dining area, which will mitigate potential noise and odor impacts to the residences to the south. Given the location of the proposed hookah service area, it is unlikely that the addition of hookah service in conjunction with outdoor dining would be a nuisance to the surrounding residences. Additional Review The Building and Safety Division reviewed this project, and its comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On September 15, 2021, public hearing notices were mailed to property owners within a 500-foot radius of the project site. On September 17, 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 t he project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines. No further environmental review is required. PREPARED BY: 7.1 Packet Pg. 19 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 Page 11 of 11 REVIEWED BY: Attachments: A. Draft Resolution No. 2021-XX and Standard Conditions of Approval B. Site Plan and Floor Plan 7.1 Packet Pg. 20 PLANNING COMMISSION RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING AN AMENDMENT TO MINOR CONDITIONAL USE PERMIT AND VARIANCE NO. PL2019-122 TO ALLOW HOOKAH SERVICE IN THE EXISTING 1,007 SQUARE-FOOT NORTH (FRONT) OUTDOOR DINING AREA AT AN EXISTING RESTAURANT (JASMINE GRILL) LOCATED AT 21130 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA (APN 8763-006-022). A. RECITALS 1. Property owners, Anna and Gary Malkhasian, and applicant, MHD Marwan Almannini, have filed an application for an Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 to allow hookah service in the existing 1,007 square-foot portion of the outdoor dining area located along the north (front) side of an existing restaurant (Jasmine Grill). The project site is more specifically described as 21130 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Amendment to the Minor Conditional Use Permit and Variance shall collectively be referred to as the “Project” or “Proposed Use.” 2. The subject property is comprised of a 0.83-acre parcel. It is located in the Community Commercial (C-2) zone with a General Plan land use designation of General Commercial. 3. The legal description of the subject property is Lot 2 of Parcel Map No. 4739 and the Assessor’s Parcel Number is 8763-006-022. 4. On September 15, 2021, public hearing notices were mailed to property owners within a 500-foot radius of the Project site. On September 17, 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 September 28, 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. 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) 7.1.a Packet Pg. 21 2 PC Resolution No. 2021-XX pursuant to the provisions of Article 19, Section 15301 (Existing Facilities) 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 s 22.54 and 22.56, this Planning Commission hereby finds and approves as follows: Minor Conditional Use Permit Review Findings (DBMC Section 22.56.040) 1. The Proposed Use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to DBMC Section 22.10 – Table 2-6, the outdoor dining area is permitted in the Community Commercial (C-2) zone with the approval of a Minor Conditional Use Permit. On December 10, 2019, the Planning Commission adopted Resolution No. 2019-20 approving a Variance to allow the reduction of the distance separation between the outdoor dining area and existing residential uses to 85 (where 200 feet is required) and a Minor Conditional Use Permit to allow outdoor dining at an existing restaurant. The applicant is proposing to serve hookah in the front (north) existing outdoor dining area in conjunction with dining service. As conditioned, the Proposed Use complies with all other applicable provisions of the Municipal Code. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. The project site’s land use designation is General Commercial (C). According to the General Plan, this land use designation provides for regional, freeway - oriented, and/or community retail and service uses such as restaurants. The outdoor dining area at the restaurant is considered a service use and as such is consistent with the General Plan. 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 n accessory use to the restaurant and outdoor dining uses and is being proposed to be located in the north (front) outdoor dining area of the existing restaurant. 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 the existing 1,007 square-foot north (front) outdoor dining area of the existing 3,871 square-foot restaurant. The north (front) existing outdoor dining area faces Golden Springs Drive and is situated away from single-family residences to the south. Furthermore, there will be no 7.1.a Packet Pg. 22 3 PC Resolution No. 2021-XX additional visual and privacy impacts generated from the existing outdoor dining area since there are existing block walls and dense landscaping at the rear of the property which provides screening for the single-family residential properties to the south. The existing outdoor dining area is clearly and physically defined by an existing decorative metal trellis and potted plants to complement the building exterior. Therefore, the physical appearance of the restaura nt and the surrounding area will be compatible. Additionally, the operating characteristics will be compatible with the existing uses of the surrounding area. The existing restaurant operation are Wednesdays through Monday from 10:30 a.m. to 9:00 p.m. and closed on Tuesdays. There is no alcohol service provided, and the hookah service will be accessory to the primary restaurant use. The existing restaurant with outdoor dining complies with the City’s Development Code parking requirement. 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 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 is an ancillary use and will be located in the existing outdoor dining area at the north (front) of the restaurant. The applicant is not proposing any additional square footage, expansion of outdoor dining area, and modifications to the building exterior. In addition, the Proposed Use will be using existing access and parking. The existing restaurant has 40 on-site parking spaces. The Proposed Use will not increase the number of required parking and is not expanding the use of the space. The Proposed Use is physically suitable at the subject site because it is being proposed in an existing restaurant’s existing outdoor dining area facing Golden Springs Drive and situated away from single-family residences to the south. The Proposed Use is ancillary to the primary restaurant use . Given the proposed hours of operation, parking supply, and the types of adjoining uses, it is reasonable to conclude that the Proposed Use will be compatible with the other uses in the neighborhood. 5. Granting the Minor 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. 7.1.a Packet Pg. 23 4 PC Resolution No. 2021-XX 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 (Existing Facilities) of the CEQA Guidelines. Variance Findings (DBMC Section 22.54.040) The Use is hereby determined to be ancillary to the existing outdoor dining area. As such, the Variance findings previously made under Resolution No. 2019-20 are unaffected by the Use, remain fully valid, and are incorporated herein by reference. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves the Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 subject to the following conditions: 1. This approval is to allow the existing restaurant to provide hookah service in conjunction with outdoor dining in the existing 1,007 square-foot outdoor seating area at the north (front) side of the existing restaurant as described in the application and plans on file with the Planning Division, the Planning Commission staff report dated September 28, 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 approval shall be valid only for 21130 Golden Springs Drive, as depicted on the approved plans on file with the Planning Division. If the Use expands or relocates, the approved Minor Conditional Use Permit shall terminate and a new Minor Conditional Use Permit, subject to Planning Commission approval shall be required for the expanded or new location. 4. If, at any time, the City finds that the Use is the cause of a parking deficiency, noise nuisance, odor 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 Minor 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 Minor Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission. 7.1.a Packet Pg. 24 5 PC Resolution No. 2021-XX 6. The restaurant shall maintain the existing hours of operation of Wednesday through Monday from 10:30 a.m. to 9:00 p.m., unless the applicant submits a written request to the Community Development Director (“Director”), specifying the revised hours proposed, and receives written approval from the Director. The Director shall reserve the discretion to refer the request to the Planning Commission, and require the payment of appropriate processing fees, if, in the opinion of the Director, the proposed expansion of hours has the potential to create a negative impact to the surrounding properties. 7. The hookah service shall be an accessory use to the restaurant and shall be located in the north (front) 1,007 square-foot outdoor dining area only. 8. Hookah service shall be permitted only when the kitchen is open and is accepting food orders for any patrons wishing to place such orders. 9. Hookah shall not be prepared in the food preparation areas. 10. The restaurant shall comply with all applicable state smoking laws and Fire and Building Code requirements. 11. The serving of alcohol, the playing of amplified music louder than 60 decibels, and entertainment of any kind is not part of this approval and shall be prohibited. 12. Loitering shall be prohibited. 13. The applicant shall remove all temporary signage and temporary canopy coverings once the COVID-19 Temporary Sign and Outdoor Dining Policy is terminated by the City Council. 14. The applicant shall be responsible for maintaining a litter-free area adjacent to the restaurant premises. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items, which constitute a nuisance to public health and safety. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. 15. All structures, including the umbrellas in the outdoor dining area, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration shall be repaired or replaced as soon as possible. 16. Prior to the installation of decorative canopy coverings over the existing outdoor dining areas, the applicant shall first apply for and obtain a building permit from the Building and Safety Division. The decorative canopy covering material shall be fire-retardant, durable, and a color compatible with the existing building and umbrellas. The canopy covering shall be maintained in good repair and functioning properly at all times. Repairs to canopy coverings shall be of equal or better in quality of materials and design as the original canopy covering. Canopy coverings which are not properly maintained and are dilapidated shall be deemed to be a public nuisance. 7.1.a Packet Pg. 25 6 PC Resolution No. 2021-XX 17. All landscaped areas, including the potted plants, shall be permanently maintained in a neat and orderly manner and free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements. 18. Lighting fixtures shall be architecturally compatible with the character of the structure and shall be energy efficient. Fixtures shall be appropriate in height, intensity, and scale to the restaurant use [Diamond Bar Municipal Code (DBMC) Section 22.16.050(a)]. Building-mounted decorative lights shall not exceed five footcandles measured five feet from the light source [DBMC Section 22.16.050(b)]. 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 owners, Anna and Gary Malkhasian, 11534 Dellmont Drive, Tujunga, CA 91042; and applicant, MHD Marwan Almannini, 21130 Golden Springs Drive, Diamond Bar, CA 91789. APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER, 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 28th day of September, 2021, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ___________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 26 7 PC Resolution No. 2021-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 SUBJECT: To allow hookah service in the existing 1,007 square -foot north (front) outdoor dining area at the existing restaurant (Jasmine Grill) PROPERTY Anna and Gary Malkhasian OWNER(S): 11534 Dellmont Drive Tujunga, CA 91042 APPLICANT: MHD Marwan Almannini 21130 Golden Springs Drive Diamond Bar, CA 91789 LOCATION: 21130 Golden Springs Drive 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 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 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. 27 8 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 Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 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 Minor Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Minor Conditional Use Permit. The Commission may revoke or modify the Minor 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. 28 9 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 the Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 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. The ADA paths of travel shall be maintained at all times with at least 44-inch clear aisle width and 48-inch ADA walkways and exit paths. 2. The applicant shall remove the unpermitted tarp covering from the decorative metal trellis structure in the outdoor dining areas. If the applicant chooses to add a decorative canopy covering over the existing outdoor dining areas, the decorative canopy covering material shall be fire-retardant, durable, and a color compatible with the existing building and umbrellas. The addition of a decorative canopy covering over the existing outdoor dining areas shall be permitted through the Building and Safety Division. The applicant shall submit verification from a licensed architect or engineer certifying that the decorative metal trellis is safe for the added load and seating below. 3. Any electrical work or construction shall be permitted through the Building and Safety Division. All work shall be in conformance to the latest California Building Code series in effect at the time of application submittal. END 7.1.a Packet Pg. 29 Existing ADA-compliant walkway to remain Existing Heavy Planters to remain Existing Planters to remain Existing Trellis/ railing to remain Existing Umbrellas to remain Hookah Preparation Area Hookah Serving Area See attached pictures for the purchased Furnitures and lightings Existing Outdoor side Area (No Hookah) Existing ADA Ramp to remain Existing ADA Ramp to remain 24'-0"53'-0"12'-0"15'-0"5'-0"84'-0"5'-6"29'-6"12'-0" 7.1.b Packet Pg. 30 Proposed Hookah Service outdoor Area 7.1.b Packet Pg. 31 Project Status Report CITY OF DIAMOND BAR September 28, 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 9/28/21 CC 10/5/21 PC 10/12/21 CC 10/19/21 PC 10/26/21 CC 11/2/21 21130 Golden Springs Dr. (MCUP Amendment for hookah lounge) Amendment to MCUP PL2019-122 JT MHD Marwan Almannini 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 Pete Volbeda Second incomplete letter sent 8/31/21 – waiting for additional information 850 Brea Canyon Rd. (Modification to hotel and office project) TPM/CUP/DR/PP/CSP PL2017-169 GL Philip Lee First incomplete letter sent 8/12/21 – waiting for additional information 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 Under Review 2001 Derringer Ln. (2-lot subdivision) TPM 83036 PL2021-46 MN Gurbachan S. Juneja First incomplete letter sent 6/24/21 – waiting for additional information 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 2234 Indian Creek Rd. (New single-family residence) DR PL2020-159 MN Jeffrey Sun Under Review 22909 Lazy Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-05 JT Walt Petroske Second incomplete letter sent 9/8/21 – waiting for additional information 23121 Ridge Line Rd. (New single family residence) DR PL2020-31 NTE/ MN Pete Volbeda Third incomplete letter sent 8/13/21 – waiting for additional information 9.1 Packet Pg. 32 Project Status Report CITY OF DIAMOND BAR Page 2 September 28, 2021 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 2631 Rocky Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-22 GL Katy Liu Third incomplete letter sent 8/24/21 – waiting for additional information Walnut Valley Unified School District (Billboard Ordinance) PL2021-43 GL/ MN WVUSD Under review 9.1 Packet Pg. 33 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, Administrative Coordinator for the City of Diamond Bar, CA, declare as follows: I hereby certify, under penalty of perjury under the laws of the State of California that on September 23, 2021, I posted the September 28, 2021, Planning Commission Agenda, pursuant to Government Code Section 54950 et.seq. 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.diamondbarca.gov Due to COVID-19 closures, the agenda could not be posted at the following regular posting locations: Diamond Bar Library Executed on September 23, 2021, at Diamond Bar, California. L; Stella Marquez Community Development Dept. y:\�s\aflidavi,Vos�ingdoc Stella Marquez From: nancy@perlindevelopment.com Sent: Tuesday, September 28, 2021 11:00 AM To: Joy Tsai Cc: Linda Rosenson; Jaclyn Clifford; Matt Carlson Subject: Objection to Planning Comm. Case No. PL2019-122 Attachments: Public Hearing Objection .pdf CAUTION: This message originated outside of our City of Diamond Bar network: Please see the attached letter in objection to the subject Case No. on tonight's agenda and forward to the Planning Commissioners. We are adjacent neighbors that strongly oppose this Amendment primarily for public health reasons. Hopefully the Planning Commission will agree. Thank you for your kind assistance. Best regards, Nancy Carlson MP Diamond Bar Center, LLC 310-472-6454 310-471-6848 nancy(fterlindevelopment com 1 MAIER-PERLIN . . 11999 SAN VICENTE BLVD., SunI 335 LOS ANGELft CA 90049 (310) 471-6848 (310 471-6274 (Fu)- September 27, 2021 TO: City of Diamond Bar Planning Commission Email:3Tsaik iamondBarCA.gov Subject: ObjectiontoPlanning Case No. PL2019422 ("Project") Amendment to Minor Conditional Use Permit Dear City of Diamond Bar Planning Commission, We are writing to you today in response to the amendment to the conditional use permit number PL2019422, for a hookah bar to be allowed on the patio at 21130 Golden Springs Drive. We own the property next to the restaurant stretching from the farmers market at 21168 to reflection dental at 21210 Golden Springs Dr.: We have concerns with the project causing health concerns to the portions of the farmers market which are open and therefore sharing air with the potential hookah bar. We are concerned that it will lower our property value. We are concerned that the clientele that would frequent a hookah bar would stay later into the night than your typical restaurant. We do not want people walking ; around our property late into the night. We strongly urge you to oppose the amendment to the conditional.use permit requested for this location. Thank you very much. Sincerely; MP Diamond Bar Center; LLC Linda Rosenson Nancy Carlson 310-471-6848 - 310-472-6454 Stella Marquez From: Isabella Yee <isabellaryanyee@gmail.com> Sent: Tuesday, September 28, 2021 10:24 AM To: Joy Tsai Subject: PL2019-122 21130 Golden Springs MCUP Amendment CAUTION: This message originated outside of our City of Diamond Bar network. Hello Joy, Are residents of Diamond Bar allowed to vote for or against this? I am aware many of my neighbors have concerns with adding a hookah bar to the Jasmine restaurant. 1. The parking is horrendous in that area. 2. There is a farmer's market next door and the smoke would impact people shopping there. I have asthma and am currently pregnant. 3. There will be an abundance of people that will be exposed to the same health effects as smoking, like lung, bladder, and oral cancers. Please let me know if there is anything we can do. Thank you! Sincere E `-- Stella Marquez From: Isabella Yee <isabellaryanyee@gmail.com> Sent: Tuesday, September 28, 2021 2:44 PM To: Stella Marquez Subject: FOR PUBLIC COMMENT - 9/28/21 6:30PM - Jasmine CAUTION: This message originated outside of ounCity of Diamond Bar network. Hello Minutes Secretary, I am concerned about the exposure to the adverse health effects that hookah will bring, like lung, bladder, and oral cancers to those who are shopping at the Farmer's market next door or at a restaurant nearby. The air quality has already been impacted and Hookah will only add to it. Thank you!