HomeMy WebLinkAboutPC Resolution No. 07-051 PC RESOLUTION NO. 07-051
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
(CUP 07-003) FOR THE ADDITION OF APPROXIMATELY 8,603
SQUARE FEET OF FLOOR AREA AND RENOVATION OF AN
EXISTING 49,604 SQUARE-FOOT COMMERCIAL BUILDING ON A 4.3
ACRE SITE IN THE C-3 (GENERAL COMMERCIAL) ZONE ON
PROPERTY LOCATED AT 1575 EAST HOLT AVENUE
WHEREAS, the applicant, Anna Lauri for Red Mountain Retail Group, has submitted an
application for Conditional Use Permit (CUP 07-003) for the addition of approximately 8,603
square feet of floor area and renovation of an existing 49,604 square-foot commercial building on
a 4.3 acre site in the C-3 (General Commercial) zone on property located at 1575 East Holt
Avenue;
WHEREAS, the subject property is located within the C-3 (General Commercial) zone;
WHEREAS, the subject property is on a parcel designated as "Commercial" on the
General Plan Land Use Map;
WHEREAS, a Conditional Use Permit is required to intensify the use of a commercial
property on a site larger than 20,000 square feet;
WHEREAS, the Planning Commission of the City of Pomona has, after giving notice
thereof as required by law, held a public hearing on June 13, 2007 concerning Conditional Use
Permit (CUP 07-003); and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony
and the staff report offered in the case as presented at the public hearing.
NOW, THEREFORE,BE IT HEREBY RESOLVED by the Planning Commission of
the City of Pomona, California, as follows:
SECTION 1. The Planning Commission exercising their independent judgment has
determined that pursuant to the Guidelines for Implementation of the California Environmental
Quality Act (CEQA), that the project is Categorically Exempt under Section 15301, Class 1
(Existing Facilities) of CEQA, in that the addition will not result in more than 10,000 square
feet of area, the proposed project is in an area where all public services and facilities are
available and in which is not environmentally sensitive.
SECTION 2. In any part, provision, or section of this resolution is determined by a
court or other legal authority with jurisdiction over the subject matter of this resolution to be
unenforceable or invalid, the remainder of the entirety of this resolution shall not be affected
and shall continue in full force and effect. To this end, the provisions of this resolution are
severable.
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1575 E. Holt Ave.
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SECTION 3. Pursuant to Section .580.B of the Zoning Ordinance, the Planning
Commission must make the five findings listed below in order to grant Conditional Use Permit
(CUP 07-003). Based upon a consideration of the whole record before it including, but not
limited to, the staff report, public testimony received at the public hearing on this matter, and
evidence made part of the public record, the Planning Commission hereby finds as follows:
1. The proposed use at the particular location will contribute to the general well-being of
the neighborhood or community.
The proposed addition and renovation to the existing building and overall site
improvements will contribute to the general well-being of the area, in that the applicant is
proposing to improve the aesthetics of an existing vacant building that is located on the
northwest corner of two (2) major streets.
2. Such use will not, under the circumstances of the particular case be detrimental to the health,
safety,peace, or general welfare of persons residing or working in the vicinity or detrimental
to the use, valuation or enjoyment of property or improvements in the vicinity,-
The
icinity;The proposed uses are permitted in the C-3 (General Commercial) zone, and are
compatible with the adjacent uses. The proposed project will not be detrimental to the
health, safety, peace, or general welfare of persons residing or working in the vicinity;
instead, it will have a positive effect on the existing uses by increasing the aesthetics and
the improvements in the vicinity.
3. The site of the proposed use is of adequate topography, size and shape to accommodate
said use as well as all yards spaces, walls,fences, parking, loading, landscaping and any
other features necessary to allow said use with the land and uses in the neighborhood
and make it compatible thereto;
The size of this lot is of adequate topography, size and shape to accommodate the
proposed additional floor area and the renovation of the existing 49,604 square-foot
commercial building, providing additional off-street parking is provided within 500 feet
of the project site. A condition of approval shall be added to the Resolution to ensure
the applicant obtain an agreement for non-revocable off-street parking on an adjacent site
within 500 feet of the project site for the life of the project.
4. The site abuts streets and highways adequate in width and improvements to carry traffic
generations typical of the proposed use;
The traffic generated by the existing and proposed floor area for commercial uses will not
exceed the capacity of the existing streets from which the subject site will take
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ingress/egress. Holt Avenue and Indian Hill Boulevard are of appropriate width and have
improvements to handle any additional traffic generated by the proposed use.
5. That granting of such conditional use permit will not adversely affect the {General Plan of
the City and conforms to the provisions of the zoning ordinance.
The General Plan designation of the subject site is General Commercial. With the
conditions of approval, the proposed uses and site improvements will positively affect the
general welfare of the community. It will also improve the aesthetics of the project site
and of the immediate neighborhood.
SECTION 4. Based on the above findings, the Planning Commission hereby approves
Conditional Use Permit(CUP 07-003), subject to the following conditions:
PLANNING DIVISION
Gencral Conditions
1. The subject property shall be developed and/or used in a manner consistent with the
project plans reviewed and approved by the Planning Commission on June 13,
2007, and as illustrated in the stamped approved plans dated June 13, 2007. Any
major modifications to the approved project plans shall be reviewed and approved
by the Planning Commission as part of a modification to the approved plans. Any
minor modifications that do not affect the overall intent of the approved project,
may be reviewed and approved by the Planning Manager.
2. The applicant shall make reductions of all approved resolutions related to the
project, which shall be placed on the title sheet of construction plans prior to the
Plan Check submittal.
3. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, law suits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures), (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
annul, the any action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof(including actions approved by the voters of the City), for
or concerning the project, whether such Actions are brought under the California
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Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map
Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or
local statute, law, ordinance, rule, regulation, or any decision of a court of
competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, the legal counsel
providing the City's defense, and that applicant shall reimburse City for any costs
and expenses directly and necessarily incurred by the City in the course of the
defense. City shall promptly notify the applicant of any Action brought and City
shall cooperate with applicant in the defense of the Action.
4. In case of violation of any of the conditions of approval or City law, the property
owner and tenant will be issued a Notice of Correction. If said violation is not
remedied within a reasonable period of time and/or a subsequent violations of the
conditions of approval and/or City law occurs within ninety days of any Notice of
Correction, the property owner shall be held responsible to reimburse the City for
all staff time directly attributable to enforcement of the conditions of approval
and/or City law, including, but not limited to, revocation of the herein conditional
use permit.
5. The approved Conditional Use Permit shall lapse and become void if the use
authorized is not utilized or where some form of construction pursuant to issuance
of a building permit has not commenced by June 13, 2008. The Planning
Commission may extend this period for one year upon receipt of a written request
by the applicant at least thirty (30) days before the expiration date of this approval.
6. Written appeals may be filed with the City Clerk within 20 days of approval of
Conditional Use Permit (CUP 07-003) by the applicant or any person owning
property within four hundred (400) feet of the exterior boundary of the applicant's
property.
7. Landscaping to include trees, shrubs, vines and ground covers, shall be installed and
permanently maintained in all common areas of the project site, and shall be in
substantial conformance to the conceptual landscaping plan submitted as part of the
Conditional Use Permit review process. The plans shall conform to Section .503-J of
the Pomona Zoning Ordinance, including provisions regarding water conservation. All
landscape areas shall be provided with an automated underground irrigation system.
Landscape and irrigation plans shall be prepared by a licensed landscape architect
and presented to the Planning Division for review and approval prior to construction
(Plan Check).
8. The applicant shall install bike racks on the project site at a location to be approved
by the Planning Division.
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9. Prior to the issuance of permits, the applicant shall obtain and record with the
County of.Los Angeles Recorder a non revocable agreement for a minimum of
twenty-five (25) off-street parking spaces, on an adjacent site within 500 feet of the
project site for the life of the project. A copy of said agreement shall be provided to
the Planning Division for approval prior to recordation or issuance of any building
permit.
10. All carts shall be gathered and placed in the cart corral area prior to the end of
business day.
11. All business operators using carts for transport of merchandise from within the
building to the parking areas shall be responsible for maintaining the carts on-site.
Acceptable means of maintaining the carts on-site may include, but not limited to.
magnetic field strips at pedestrian and vehicular points of access to/from the site.
12. Prior to issuance of permits, applicant shall obtain the approval from the Planning
Division of a lighting plan demonstrating a minimum one foot-candle of
illumination of parking, driveway, walkways, and open space areas. The lighting
plan shall include a site plan showing the locations of ground-mounted and
building-mounted light fixtures, design and photometric information on fixtures,
and shielding to orient light away from adjacent properties and buildings.
13. A business license shall be obtained prior to occupancy.
14. Conformance with all included conditions of this resolution shall be achieved prior
to the issuance of a Certificate of Occupancy and/or the issuance of any business
license or zoning clearance for uses within the proposed buildings.
15. All rooftop and ground-mounted mechanical equipment shall be adequately
screened from the public right-of-way, approved by the Planning Division.
16. The applicant shall repair all breaks and hazards in the onsite paving, seal coat the
asphaltic surface, paint all necessary striping and directional signage, and provide
handicapped parking signs per Code.
17. There shall be no exterior pay phones installed on the site.
18. No wall signs shall be allowed on the west building wall, facing the residential area
to the west of the building.
19. Delivery of materials and goods shall be limited to the hours between 7 am and 10
pm.
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20. Parking lot lighting shall be shielded to ensure that no spillover of lighting affects
adjacent properties. A photometric plan shall be submitted to the Planning and
Building Divisions for review and approval regarding any additional lighting.
21. The developed site shall be kept clear of trash and debris. Trash receptacles shall
be provided in exterior areas for the use of patrons. Additionally, the site's parking
areas shall be swept on a weekly basis. Gasoline-powered blowers shall not be used
during the cleanup of the site.
22. The applicant shall make a reduction or 8 y2 by 11 inch sticky-back of all approved
resolutions related to the project, which he shall place on the title sheet of
construction plans prior to Plan Check submittal.
23. The operator(s), or responsible party, of any business on this property shall remove
any graffiti within 24 hours of discovery or upon notification by the City.
24. The construction area shall be kept clean at all times prior, during, and after
construction.
25. The applicant or property owner shall retain a copy of this resolution on the
premises at all times and will be prepared to produce it immediately upon the
request of any City representative.
26. Trash enclosures shall meet the provisions of Zoning Ordinance Section .503-C and
shall be locked to prevent unauthorized use.
27. Prior to the issuance of a Certificate of Occupancy, the applicant shall indicate the
property address on the front elevation of the main building with 9-inch high
address numbers that will be clearly visible from the public street.
28. Prior to issuance of a Certificate of Occupancy, a Master Sign Plan shall be
submitted and approved by the Planning Division.
PUBLIC WORKS DEPT.TRANSPORTATION & DEVELOPMENT DIVISION
29. Applicant shall submit to the Transportation and Development Division an
application and the processing fee for a"Lot Merger" to consolidate the existing two
parcels into one contiguous parcel.
30. At the time of development, the applicant shall submit a site pian and grading plan
with hydrology calculations showing the on-site storm run-off. Storm run-off shall
be collected on-site and discharged through an approved drainage system. Plans
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shall be submitted to the Building Division for distribution and review. The
Transportation & Development Division shall approve the cited plans before
obtaining a building permit.
31. The property owner shall join the `Street Lighting and Landscaping District."
Holt Avenue:
32. Applicant shall submit to the Transportation and Development Division an
application and the processing fee for a "bus shelter easement". Applicant shall
dedicate an 8-foot by 12-foot strip of land for bus shelter (Approximately 110 feet
west of easterly property line).
33. Applicant shall construct bus pad, install a bus shelter, 8-foot bus bench and two
trash receptacles per City Standards.
Indian Hill Boulevard:
34. Applicant shall install two (2) streetlights of 250-watts (Indian Hill Blvd.) per City
Standards.
Alley:
35. Applicant shall submit an alley plan and reconstruct the existing alley full width
along the property line per City Standards.
PUBLIC WORKS DEPARTMENT—BUILDING AND SAFETY DIVISION
36. Plans shall be submitted showing a project designed in compliance with the latest
codes mandated by the state to be enforced by the City, including, but not limited to:
grading, architectural/structural, mechanical/plumbing/electrical/energy, soils
investigation/geotechnical, water supply, and SUSMP compliance.
UTILITY SERVICES DEPARTMENT-WATER/WASTEWATER OPERATIONS
WATER
Main Line
37. If required by the L.A. County Fire Department, the pressure can be verified by
requesting a fire hydrant flow test from the Public Works Department.
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38. The LACFD will determine if any new public fire hydrants are required adjacent to
the site. If any new hydrants are required, the hydrants must be within five feet or
more from proposed driveways and off of street parking spaces.
39. Provide "hot tap' connections between the existing water main and all new service
lines for each meter within the proposed project site.
40. Any new water mains, valves and hydrants within the boundary lines of the project
site are considered private and will be maintained by the site owners, not by City
personnel.
Domestic, Irrigation, and Fire Service Line
41. Contact Public Works Department for information on new meters and all applicable
meter fees. The City will install meters less than or equal to 2 inches in size. The
Contractor for the project is responsible for installing meters greater than 2 inches in
the public right-of-way.
42. Meter vaults must be installed as per Standard No. 11, 12 or 13 of the City of
Pomona Water Division Standard Specifications for Water Facility Construction,
January 2006.
43. For an extra fee, the City staff can also install the service pipelines between the
existing main and all new meters. Provide individual service pipelines from the main
to each meter. Individual meters should be spaced 18 inches or more from each
other.
44. Approved backflow devices are required for service lines with service meters that
are greater than or equal to 1 %2 inches. List the brand and model of these devices on
utility plans. The following mains require specific types of backflow devices:
• Reduced pressure devices are required for irrigation service lines to the proposed
site; and
• Double check detector assembly devices are required for all fire sprinkler service
lines.
45. Submit water development plans to the City for review and approval showing water
meters, service lines, backflow devices and existing water mains.
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SEWER
46. Any sewer pipelines, manholes, and cleanouts within the property line are
considered private and will be maintained by the site owners.
47. Submit preliminary sewer improvement plans to the City for review and approval
showing all existing and proposed sewer mains, laterals, and manholes. Utility
Service Department request that the final approved plans be sent in both hard copy
and electronic (Auto CAD) format.
PARKS DIVISION
48. All trees and landscaping shall be maintained by the property owner.
PUBLIC WORKS- WATER ENGINEERING
49. All improvements to the City's water system required for the development shall be
at the developer's expense in accordance with the provisions of the City of Pomona
Water Code, Construction Standards and the Department of Health Services
requirements.
50. All requirements of the Los Angeles County Fire Department (LACFD) shall be
met. Proof of LACFD approval is required at time of final water improvement pian
submittal to the Public Works Department. Contact the LACFD for information at
(909) 620-2402.
51. Existing water facilities that serve or have served the project and will not be used by
the project shall be removed to the satisfaction of the City engineer.
52. Individual water services may be required for all new units, with the meters set per
City Standard II or 12, as appropriate, in the public right-of-way, or, master
metered private water system(s)may be required.
53. Developer shall pay to the City, all 2-inch and smaller water meter-setting fees and
all additional water facility advanced payments. Water meters and water services
larger than 2" shall be installed by the developer's contractor.
54. The Developer/Owner shall not place buildings, structures, trees and/or change and
elevations within and related water easements nor within 7 '/z feet of any City
maintained water main without prior written approval from the City of Pomona.
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55. All public water facilities shall be installed on or adjacent to public streets with the
meters set per City Standard 11 or 12 as appropriate, in the public right-of-way.
56. Reduced Pressure Backflow Preventers shall be required for all irrigation water
services and for all residential water services. The Reduced Pressure Principal
Back-flow Prevention Device shall be installed above grade in the customer service
line by his contractor as close as practical to the water meter and shall be between
the water meter and the first point of connection to the service. A record of
approved testing is required before acceptance by the City. Contact Water Quality
Control at(909) 620-3670 for more information.
57. Water meter(s) 2" or less in size shall be set per City Standard 11 or 12, as
appropriate, in the public right-of-way. The developer shall pay to the City, all 2-
inch and smaller water meter-setting fees and all additional water facility advance
payments. Water meters and water services larger than 2" shall be installed by the
Developer's contractor.
58. Developer shall have a Registered Civil Engineer submit plans (as applicable) for
review and approval of the Public Works Department for all additional water
facilities that are required and/or are to be installed by the developer's contractor,
and may elect to pay City for installation of water services 2-inch or smaller.
Submittal of the water improvement plans will require the following:
(a) An initial plan check deposit in the amount of$1,000 at the time of the water
plan submittal.
(b) Submittal on 24" x 36" sheet with a standard City title block prepared under
the direction of and signed by a Registered Civil Engineer showing all
existing and new utilities, including existing and proposed water facilities and
water services. Plans must correctly show property address, legal description,
property lines, street centerline, curb-line, existing and proposed utility
easements, and right-of-way with dimensions.
(c) All water meters 2" and smaller shall be installed by the City of Pomona. The
Developer's contractor shall install water meters and services larger than 2".
(d) All project related trench repairs in City maintained streets to be per City Std.
A-26-02.
(e) All new water main lines shall be DIP with a minimum of 8-inches diameter,
placed underground and 6' offset from curb lines, or as approved by the
City Engineer.
(f) Water Development plans are for public water improvements only and
private water improvements shall be addressed on separate plans.
59. Public water facilities that are to be installed on private property shall require the
following:
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(a) Approval of the City Engineer.
(b) Dedicated easements will be 15-foot wide minimum and shown on the water
plans. The Developer/Owner, prior to the water plan approval, shall pay all
easement-processing fees.
(c) Access to City water facilities for water operation crews shall be made
available at all time for servicing and maintaining the water system and for
reading water meters.
(d) Developer/owner shall not place buildings, structures or trees on any related
water easements nor within 7 '/2 feet of any City maintained water main
without prior written approval from the City of Pomona.
60. Before issuance of a grading permit, developer/owner shall:
(a) Submit final water improvement plans, as applicable, for approval of the City
Engineer, and provide the City with a digital copy of the mylar plan on disk in
Auto CAD 2000 format.
(b) Submit a performance bond in the amount of 100% of the estimated
construction cost of the proposed water facilities, to be posted with the City
prior to water plan approval.
(c) Pay to the City of Pomona all estimated costs to be incurred by the City, plus
30% overhead, for plan check, inspection, water operation cost, etc. associated
with the proposed water facilities for the development.
61. Following construction, developer/owner shall provide "AS BUILT" drawings of
the final constructed improvements to the satisfaction of the City Engineer prior to
acceptance of the improvements by the City.
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward
the original to the City Clerk.
APPROVED AND PASSED THIS 13T' DAY OF JUNE 2007
PC Resolution No. 07-051
1575 E. Holt Ave.
Page 12 of 12
FRANK DELGAD
PLANNING COMMISSION CHAIRPERSON
ATTEST:
GLEN KRIEGE
ACTING PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:
RICHARD L. ADAMS II
ASSISTANT CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF POMONA }
AYES: Vander Molen, Urey, Rosales, Scharf, Saunders and Delgado.
NOES: None.
ABSTAIN: None.
ABSENT: Jimenez.
"Pursuant to Resolution No. 76-258 of the City of Pomona, the time in which judicial review of
this action must be sought is governed by Sec. 1094.6 C.C.P."
!:\Economic DevelopmentTlanningWaster Plannin&lanning Commission\ResolutianSA575 E.Holt Ave.(CUP 07-003).doc