HomeMy WebLinkAboutDPR RESO 18-001 DPR RESOLUTION NO. 18-001
DECISION AND FINDINGS OF FACT BY THE DIRECTOR OF
DEVELOPMENT SERVICES OF THE CITY OF POMONA,
CALIFORNIA APPROVING DEVELOPMENT PLAN REVIEW 7812-2017
TO REMODEL AN EXISTING DRIVE-THROUGH RESTAURANT
LOCATED AT 690 INDIAN HILL BOULEVARD
WHEREAS, the applicant, Dan Hinson, has filed an application on behalf of the
property owner, J and R Hoch Enterprises, Inc., for Development Plan Review (DPR 7812-2017)
to remodel an existing drive-through restaurant (Taco Bell) on the 22,500 square foot parcel
located at 690 Indian Hill Boulevard;
WHEREAS, the subject site is currently zoned within the City Gateway Segment of the
Pomona Corridors Specific Plan (PCSP), and designated place type of Urban Neighborhood by
the City's General Plan;
WHEREAS, in accordance with Section 2.0.5.A(1) of the PCSP a Development Plan
Review(DPR) is required for any new development projects located within the plan area;
WHEREAS, the Development Services Director of the City of Pomona has, after giving
notice thereof as required by law, held a public hearing on March 21, 2418, concerning
Development Plan Review (DPR 781.2-2017);
WHEREAS, the Development Services Director has carefully considered all pertinent
testimony offered in the case as presented at the hearing;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Development Services
Director of the City of Pomona, California:
SECTION 1. The Development Services Director exercising independent
judgment has determined that, pursuant to the Guidelines for hnplementation of the California
Environmental Quality Act (CEQA), this action as defined is Categorically Exempt under Section
15332, Class 32 (In-fill Development). The Development Services Director finds that; 1) the
proposed project is consistent with the General Plan and Zoning Ordinance; 2) the parcel is smaller
than five acres; 3)the project site has no value as habitat for endangered,rare or threatened species;
4)this project will not have significant effects upon the environment and; 5) the site can adequately
be served by utilities and public services; and
SECTION 2. If 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.
SECTION 3. In accordance with Section 2.0.5.A.(4) of the PCSP, the Development
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Services Director must make findings in order to approve Development Plan Review (DPR 7812-
2017). Based on consideration of the whole record before it, including but not limited to, public
testimony received at the public hearing on this matter, and evidence made part of the public
record, the Director hereby finds as follows:
1. The project is consistent with the City's General Plan and all applicable requirements of
the City Code.
The City of Pomona General Plan designates the subject site as an "Urban Neighborhood" Place
Type. "Urban Neighborhood" is defined as moderately intense clusters of development that
contain a mix of uses. These areas anticipate a reasonable amount of infill development and
redevelopment, emphasizing strectscape improvements to add visual appeal and value, develop
continuity along the street edge, and buffering and compatibility. This commercial remodel project
is consistent with the City's General PIan because it will stabilize and strengthen the neighborhood
character of the surrounding area with an infill project that is compatible with existing uses. The
project is consistent with the standards and design guidelines of the Pomona Zoning Ordinance
(PZO) and PCSP in terms of setbacks, building height, onsite parking, use types, and overall
architectural design. The proposed remodel of the drive-through restaurant has an active
Conditional Use Permit, and since no modifications to the Permit are being sought, the project is
treated as a legal, non-conforming use that can be modified but not expanded.
The proposed project promotes the continued economic viability of the restaurant, which is
consistent with the following objective of the Economic Development Element of the General
Plan:
"It is the policy of the City of Pomona to encourage, with all means possible, the economic
development and redevelopment of the private sector."
2. The project will not be detrimental to the general welfare of persons working or residing in
the vicinity nor detrimental to the value of the property and improvements in the neighborhood.
This commercial remodel project will not be detrimental to the general welfare of persons working
or residing in the vicinity nor detrimental to the value of the property and improvements in the
neighborhood as the project will comply with all development and design standards of the City
Gateway Segment of the PCSP. The business has been operating for decades in this location
without conflict with the surrounding uses. Since no expansion is proposed, the project is not
anticipated to generate noise, traffic, and lighting impacts detrimental to residents, occupants, and
properties within the surrounding area and inconsistent with the subject property's zoning.
3. The project will not adversely affect the Circulation Plan of the Corridors Specific Plan.
The subject parcel is located with frontage along Indian Hill Boulevard and Keystone Avenue. The
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Traffic and Transportation Division of the City of Pomona Public Works Department has reviewed
both off-site and on-site circulation patterns and have not expressed concern with the project's
overall proposed vehicular mobility. The project will allow pedestrian access along both adjacent
right-of-ways in compliance with the publically accessible open space requirements set forth within
the PC SP.
4. The project complies with the applicable provisions of the Pomona Corridors,Specific Plan
and other applicable regulations.
The commercial remodel project has been thoroughly reviewed and meets all applicable provisions
of the PCSP and other applicable regulations.
SECTION 4. Based upon the above findings, the Development Services Director hereby
approves Development Plan Review (DPR 7812-2017) subject to compliance with all applicable
laws and ordinances of the City as well as the addition of the following conditions, violations of
which (or failure to complete any of which) shall constitute grounds for revocation of the
Development Plan Review or any portion thereof-
LOP C S DLPI.—PLANrS1D1fz DIVISION
General Conditions
1. The subject property shall be developed and/or used in a manner consistent with the
project plans reviewed and approved by the Development Services Director on March 21,
2018, and as illustrated in the stamped approved plans dated February 1, 2018. Any major
modifications to the approved project plans shall be reviewed and approved by the
Planning Division 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 Development Services 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, acid/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
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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 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. This approval shall lapse and become void if construction has not commenced under a
valid building permit, within one (1) year from the date of this approval (March 21, 2019),
in accordance with PCSP Section 2.0.5.A(6). The Planning Division may extend this
period for a maximum of two, one (1) year extensions upon receipt of an application for a
Time Extension request submitted by the applicant at least thirty (30) days before the
expiration date of this approval, consistent with PCSP Section 2.0.5(A)6.
5. The applicant shall include all conditions of approval from Development Plan Review
(DPR 7812-2017) related to the project which shall be placed on the title sheet of
construction plans prior to plan check submittal.
6. The applicant shall submit construction drawings for plan check to all required City of
Pomona departments. Plans shall be consistent with all required development standards
outlined in the PCSP Section 2.1.9 City Gateway Segment outlined in Section 2.1.9.A
Development Standards Chart.
7. The property owner shall remove any graffiti on the project site within 24 hours of
discovery. The paint utilized to cover the graffiti must substantially match the existing
structure. In the event that the paint finish of the abated area is noticeably distinguishable
from the rest of the structure, the property owner shall paint additional portions of the
building to minimize the disparity, subject to the approval of the Planning Manager.
8. All temporary signs on the premises shall be prohibited. This shall include no placement
of temporary signs within any landscaped and walkway areas or affixed to any light
standards. Window signs shall be limited to no more than 25% coverage of the glass
window area along each building frontage.
9. The applicant shall submit plans and an application for a Sign Permit, to the Planning
Division, for the installation of any permanent signage. Final design and location to be
approved by the Development Services Manager or designee.
10. The property shall be maintained free of weeds and debris prior, during and after the
construction period.
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11. The undergrounding of utility facilities is required. (PMC 62-31)
12. The design must be reviewed and stamped by an architect or engineer licensed in the State
of California— (Business and Professions code Sections 5537, 5538, and 6737.1).
13. A building permit shall be obtained for the proposed construction and site development.
The design of the building shall comply with the 2016 California Building Codes.
14. All proposed work shall comply with the 2016 California Energy Code and all other
relevant laws, ordinances, and resolutions governing Energy conservation as adopted by
the City of Pomona.
15. The proposed project shall comply with the 2016 California Green Building Standards
Code and all other relevant laws, ordinances, and resolutions governing sustainable design
as adopted by the City of Pomona.
16. Building Department comments and conditions are subject to plan check. Comments are
based on information provided.
WATER-RESOURCES DEPARTMENT
WATER
17. There are currently the following water mains near the site:
o Six-inch (6")ACP water main within Keystone Street
® Eight-inch (8") CIP water main within Indian Hill Boulevard
® Ten-inch(10")ACP water main within Indian Hill Boulevard
The localized approximate static pressure for the proposed project ranges from 70-80 psi.
18. The existing water infrastructure shall be shown on the site plan. Connections for all
proposed water services shall be located at the closest adjacent public water main.
Further design comments shall be issued by the WRD regarding the extent of
proposed public main within the proposed project area.
19. if verification of static pressure is desired, it may be obtained by requesting a fire hydrant
flow test from the Public Works Department.
20. Any private onsite water improvements are the owner's responsibility and not the City's.
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Domestic, Irrigation, and Fire Service Line
21. The site is served by a 1" domestic meter. Update the reduced pressure principle
assembly (RPPA) to ensure it is a low-lead (0.25%) device.
22. There are public fire hydrants within 500 feet of the proposed project site.
23. Contact the Los Angeles County Fire Department to determine if additional fire hydrants
are required for this site. If new fire hydrants are required they must be placed at least five
(5) feet from proposed driveways and parking spaces.
24. Approved low lead (0,25%) backflow devices (list the brand and model) are required for
the following service lines to this site:
• Reduced pressure principal assembly (RPPA) devices are required for dedicated
irrigation service lines to the proposed site;
® Reduced pressure principal assembly (RPPA) devices are required for all domestic
services; and
• Double check detector assembly (DCDA) devices are required for all fire sprinkler
service lines.
25. The applicant/developer shall submit water development plans to the City for review
and building approval showing water meters, service lines, approved backflow
devices, and proposed/existing water mains.WRD requests that these plans be sent in
both hard copy and electronic (saved as AutoCAD v.2010) format.
Sewer
26. There are existing eight-inch (8") VCP sewer mains within Keystone Street and Indian
Hill Boulevard.
27. The sewer laterals from the public main to the site are considered private and shall be
maintained by site owners. If there are any changes to the existing sewer laterals due to the
proposed improvements, please submit a revised plumbing plan to the Building Division.
28. The applicant/developer shall submit sewer development plans to the City for review
and approval prior to building permit approval showing all existing and proposed
sewer mains, laterals, and manholes. WRD requests that these plans be sent in both
hard copy and electronic (saved as AutoCAD v. 2010)format.
PUBLIC WORKS DEPARTMENT
Land development requirements
29. Owner shall submit a Certificate of Compliance application to the Public Works
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Engineering Department, in accordance with the Subdivision Map Act Section 66412.6(b).
The Certificate of Compliance shall be recorded prior to the issuance of the building
permits.
Improvement plans requirements
30. Applicant/Developer shall submit updated site plans or public street improvement
plans to include the following:
a) Remove and reconstruct the property driveway approaches (two along Indian Hill
Boulevard and one along Keystone Avenue)per City standards and ADA requirements.
b) Remove and reconstruct the ramp located at the southeast corner of Indian Hill
Boulevard and Keystone Avenue to comply with the City standards and ADA
requirements.
c) Street lights: refurbish one (1) existing street light with LED luminaire.
d) .Install one (1) new tree in the exiting, vacant tree well along Indian Hill Boulevard
frontage.
e) Existing sewer, water and storm drain infrastructure.
f) Unobstructed visibility shall be ensured at all intersections and driveways along the
project boundaries.
g) Undergrounding of all existing and proposed utility lines per City of Pomona Municipal
Code Section 62-31(b).
h) Note: It is the owner's and the contractor's responsibility to repair all damage to the
existing public improvements due to the proposed construction activities and to address
all repairs requested by the Public Works Inspector based on the inspector's review of
the current condition of the said public improvements.
i) Note: The parkway landscaped area shall be maintained by the property owner, as
required by the City's Municipal Code Section 46-496.
j) The demolition or relocation of all public improvements (street lights, signs, trees,
vaults, catch basins, hydrants, etc.) due to the proposed project construction must be
coordinated and agreed upon by the appropriate City departments, shall be designed per
City standards and applicable ADA requirements, and must be reviewed and approved
by the Engineering Division of the Public Warks Department.
31. Applicant/Developer shall identify the existence of all City utilities that may be in conflict
with the development and subunit protection measures to the City Engineer for those City
utilities.
32. If future placement of permanent structures conflicts with location of existing public
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utilities (water, sewer and storm drain), then improvement plans proposing the relocation
or abandonment of identified utilities roust be submitted, reviewed and accepted by the
Public Works Department. No public utility infrastructure shall be removed, or modified as
art of the onsite demolition plana roved by the Building and Safety Department.
33. Applicant/Developer shall implement Good Housekeeping Best Management Practices
(BMPs) for the site to ensure that pollutants are not discharged to the municipal storm
drain system during construction and throughout occupancy.
34. Owner is responsible for the compliance with the special annual levy assessment derived
from the current inclusion of the project site into the City's Street Lighting District and
Landscaping Maintenance District. The Developer shall disclose to any future buyers
that the property is within the City of Pomona Lighting and Landscaping District and is
subject to annual special taxes.
35. The final improvement plans shall be provided to the City in both hard copy and electronic
in AutoCAD v. 2010. Following construction and prior to acceptance of the improvements
by the City, the project engineer shall provide hand drafted "AS BUILT" corrections on
the original approved Mylars of the final constructed improvements to the satisfaction of
the City Engineer. A corrected "AS BUILT" plan shall also be provided to the City on disk
in AutoCAD v. 2010 and .pdf formats.
36. The plans shall be submitted on 24" x 36" sheet size with a standard City title block, and
must correctly identify the property owner, address, legal description,property lines, street
centerline, curb-lines, existing and proposed utilities (water, sewer, and storm drain),
utility easements, and the public right-of-way areas with dimensions.
Public Works Improvements Permit_
All work in the public right-of-way and City easements is subject to review, approval, and
permitting requirements of Public Works Department.
37. Prior to the issuance of the building permits, Applicant/Developer shall post surety
bonds for all public improvements, including but not limited to: driveway
approaches, curb ramp, street light, trench resurfacing and tree planting.
38. Permittee shall procure and maintain throughout the period of the Permit the following
policies of insurance:
a. Commercial General Liability;
b. Automobile Liability;
c. Worker's Compensation as required by the State of California;
Note: The Commercial General Liability and the Automobile Liability policies shall
include the City of Pomona as additional insured.
39. Permittee shall pay fees associated with and possess the City of Pomona Business License.
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40. Changes and additions to the proposed work, including but not limited to detail plans for
street improvement work, water plans and/or other work associated with this project and
due to developer's or City's request shall require additional conditions to be completed by
the applicant.
APPROVED AND ADOPTED THIS 21St DAY OF MARCH, 2018
APPROVED BY:
Mario Suarez, AICD Date
Development Services Director