CITY OF POMONA PLANNING COMMISSION AGENDA POMONA, CALIFORNIA CITY COUNCIL CHAMBERS

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1 CITY OF POMONA PLANNING COMMISSION AGENDA POMONA, CALIFORNIA CITY COUNCIL CHAMBERS 505 South Garey Avenue, Pomona, CA REGULAR MEETING OF WEDNESDAY, October 8, 7:00 PM A. CALL TO ORDER: Chair Kenneth Coble B. FLAG SALUTE: Chair Kenneth Coble C. ROLL CALL: Planning Manager Johnson Chair Kenneth Coble, Vice-Chair Daryl S. Beans, Commissioner Oscar Ixco, Commissioner Luis M. Juarez, Commissioner Edward C. Starr, Commissioner DeAndre D. Valencia, and Commissioner Denton Mosier. D. PUBLIC PARTICIPATION (Three (3) minute Limit on Non-Agenda Items Only): 1. At this time, the general public is invited to address the Planning Commission concerning any items that are not listed on the agenda, which are not public hearings, or other items under the jurisdiction of the Planning Commission. Comments from the public of any nonagenda items will be limited to three (3) minutes in accordance with City policy. 2. Any applicant or member of the public wishing to speak on any item that is listed on the agenda is requested to adhere to the following protocol procedures/guidelines: a) Prior to the meeting, or during the meeting prior to an agenda item being discussed, any person wishing to address the Planning Commission shall complete a speaker card and submit it to the Planning Manager. Speaker cards are available in the foyer of the City Council Chambers and from the Minutes Clerk. b) When called upon, the person shall come to the podium, state his/her name and address for the record, and, if speaking for an organization or other group, identify the organization or group represented. Whenever any group of persons wishes to address the Planning Commission on the same subject matter, the Chair may, at his/her discretion, request that the group choose a spokesperson to address the Commission. c) All remarks should be addressed to the Planning Commission as a whole, and not to individual Commissioners. Questions, if any, should be directed to the presiding Chair who will determine whether, or in what manner, an answer will be provided. d) Every person addressing the Planning Commission will be limited to three (3) minutes or such reasonable time as is granted by the majority of the Planning Commission. Planning Commission Agenda October 8, 2014 Page 1

2 E. CONSENT CALENDAR: Note: All items listed on the Consent Calendar may be enacted by a single motion without separate discussion. If a discussion or a separate vote on any item is desired by a Planning Commissioner, that item may be removed from the Consent Calendar and considered separately. All remaining items not removed from the Consent Calendar by a Planning Commissioner shall be voted on prior to discussion of the item(s) requested to be pulled. 1. APPROVAL OF PC MINUTES: September 24, 2014 F. PUBLIC HEARING ITEMS: 1. TENTATIVE TRACT MAP (TTM ) Project Address: N. Garey Avenue Project Applicant: Stephen R. Sheldon Sheldon Development, LLC Project Planner: Andrew Gonzales, Associate Planner Council District: CC District No. 6 Project Description: The applicant is proposing to subdivide four existing parcels into 33 numbered lots and eight lettered lots on a 2.81-acre project site in the Workplace Gateway Segment of the Corridors Specific Plan (CSP). Pursuant to the provisions of the California Environmental Quality Act (CEQA Public Resources Code, Section et. seq.), this project meets the requirements for a Categorical Exemption in compliance with Article 19, Section (Class 32 Infill Development Projects). G. NEW BUSINESS: Recommended Action: The Planning Division recommends that the Planning Commission approve Tentative Tract Map (TTM ), subject to conditions. H. PLANNING COMMISSION COMMUNICATIONS: I. PLANNING MANAGER COMMUNICATIONS: J. ADJOURNMENT: The City of Pomona Planning Commission is hereby adjourned to the next regularly scheduled meeting of October 22, 2014 starting at 7:00 p.m. in the City Council Chambers. *** CERTIFICATION OF POSTING AGENDA *** I, Brad Johnson, Planning Manager for the City of Pomona, hereby certify that the agenda for the October 8, 2014, Planning Commission meeting was posted on Thursday, October 2, Brad Johnson Planning Manager Planning Commission Agenda October 8, 2014 Page 2

3 F N. Garey Avenue F1 Planning Commission Agenda October 8, 2014 Page 3

4 UNOFFICIAL MINUTES PLANNING COMMISSION MEETING SEPTEMBER 24, 2014 CALL TO ORDER: FLAG SALUTE: ROLL CALL: COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: STAFF PRESENT: The Planning Commission meeting was called to order by Chairperson Coble in the City Council Chambers at 7:02 p.m. Vice Chair Beans led the flag salute Roll was taken by Planning Manager Johnson Chair Coble and Vice Chair Beans; Commissioners Ixco, Mosier, Starr, and Valencia Commissioner Juarez (excused) Community Development Director Lazzaretto, Planning Manager Johnson, Assistant City Attorney Jared, Associate Planner Gonzales, Assistant Planner Bechet, and Minutes Clerk Casey ITEM D: CITIZEN PARTICIPATION: None ITEM E: CONSENT CALENDAR: 1. APPROVAL OF PC MINUTES: -AUGUST 27, 2014 Motion by Vice Chair Beans, seconded by Commissioner Starr, carried by a majority vote of the members present ( ) Commissioners Ixco and Mosier abstained and Commissioner Juarez excused, adopting the Planning Commission meeting minutes of August 27, ITEM F: PUBLIC HEARING ITEMS: F-1 PUBLIC HEARING CONDITIONAL USE PERMIT (CUP ) TO ALLOW THE CONSTRUCTION OF A 143 UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT, CHANGE OF ZONE (CZ ) TO CHANGE THE ZONING DISTRICT FROM M (SPECIAL INDUSTRIAL) TO R-3 (MEDIUM DENSITY MULTIPLE FAMILY), TENTATIVE TRACT MAP (TTM ) TO SUBDIVIDE THE AIRSPACE FOR 143 CONDOMINIUMS AND VARIANCE (VAR ) TO VARY FROM THE DEVELOPMENT STANDARDS ON AN APPROXIMATELY 7 ACRE PROPERTY LOCATED AT 860 E. BONITA AVENUE.

5 Unofficial Minutes Planning Commission Meeting September 24, 2014 Page 2 of 3 Planning Manager Johnson provided a staff report regarding a request to allow the construction of a 143 unit multi-family residential development. In addition he stated new conditions have been drafted provided the applicant and the Commission. Commissioner Mosier requested the portion of the traffic study which noted Garey Avenue as a minor arterial be amended to list Garey Avenue as a major arterial. Commissioner Starr inquired whether the Urban Water Plan which was completed in 2010 required updating. Planning Manager Johnson stated the plan had been routed for review to City Departments and concerns were not received. Chair Coble opened the public hearing. Mr. Matt Livingston, President of Ridge Crest Real Estate, agreed with the staff report and asked the Commission to approve. Commissioner Mosier inquired whether the applicant had obtained any objections regarding the project. Mr. Matt Livingston stated he had received some concerns regarding construction hours, but he had not received any objections to the project. Chair Coble stated a parking concern as some units will have four bedrooms, but only 2.5 parking spaces per unit are being provided. In addition, he stated a concern with the open space in the back providing a place for adolescents to congregate and inquired how the space would be monitored. Mr. Matt Livingston stated the CC&Rs would set a limit on the amount of individuals which could live in a unit and the site was surrounded by excellent transportation systems so he did not feel parking would be an issue. In addition, he stated he did not feel gathering would take place in the open space in the back as it would be utilized as a community garden. Chair Coble invited the public for comments. Mr. Duane George, a resident of the Quail Community, spoke in favor of the project but raised safety concerns with the traffic on Bonita Avenue and Towne Avenue and requested a traffic signal be installed, he stated a concern with the trees being removed during nesting season and requested that be put into consideration when the trees are removed, and he requested the residents be notified if construction would take place outside of hours set by the City Ordinance. Mr. Frank Hungerford, resident of Mt. San Antonio Gardens, spoke in favor of the project but raised safety concerns regarding the traffic flow on Towne Avenue and requested a traffic signal be installed and the street be repaved as the project would cause additional traffic. Ms. Joan Nay, resident of Mt. San Antonio Gardens, spoke in favor of the project but stated concerns regarding on-street parking on Bonita Avenue and requested a traffic signal be installed when turning left or right from the Mt. San Antonio Gardens onto Bonita Avenue. Chair Coble inquired whether the speed could be reduced on Bonita. City Engineer Rene Guerrero stated the speed could be reduced as studies are performed every two to three years regarding the speed limit and whether it should be reduced or increased. He stated a study was just completed and approved by the Council, but it could be completed again. He stated a warrant for analysis would need to be completed for the State of California, but an Engineer recommendation to reduce the speed could be provided as well. He stated the site distance could also be opened by extending the red curb near the site. He stated a warrant analysis would also need to be completed if a traffic signal was to be installed, but he cautioned adding a traffic signal could also back up traffic which could also cause complaints. In addition he stated a pedestrian count down head could also be added to provide pedestrians with awareness of how long they have to cross the street. Chair Coble asked staff to provide on-street parking standards for Bonita Avenue. Chair Coble closed the public hearing. Commissioner Starr stated he felt this was an excellent project. He understood the traffic concerns, but he felt the project should be completed and then a warrant study performed as he felt if a warrant study was performed before the project it would not warrant a change. The Commission asked staff to look into mitigations, such as requesting the Police Department to place temporary speed monitors on Bonita, to assist with the public comment concerns 2

6 Unofficial Minutes Planning Commission Meeting September 24, 2014 Page 3 of 3 The Commission discussed and agreed to accept the new conditions set by staff. Motion by Commissioner Mosier, seconded by Vice Chair Beans, carried by a majority vote of the members present ( ) Chair Coble denied and Commissioner Juarez excused, adopting Resolution No , approving Conditional Use Permit (CUP ), Resolution No , approving Change of Zone (CZ ), Resolution No , approving Tentative Tract Map (TTM ), and Resolution No , approving Variance (VAR ). ITEM G: NEW BUSINESS: 1. Nominate a Planning Commission to participate as a member of the Metro Gold Line Stations Design and Art Review Committee The Commission discussed and agreed to nominate Commissioner Mosier. ITEM H: PLANNING COMMISSION COMMUNICATIONS: Vice Chair Beans mentioned the parkway in front of the YMCA which required maintenance. Commissioner Starr mentioned westbound traffic backing up on McKinley Avenue at the 10 freeway off of Orange Grove Avenue when travelers require turning on Orange Grove Avenue and stated he felt the streets turning lane should be pulled back east to assist. ITEM I: PLANNING MANAGER COMMUNICATIONS: ITEM J: ADJOURNMENT: The Planning Commission meeting was motion to adjourn by Chairperson Coble at 8:45 p.m. to the regular scheduled meeting of October 8, 2014 in the City Council Chambers. Brad Johnson Planning Manager Maureen Casey, Transcriber The minutes of this meeting are filed in the Planning Division of City Hall, located 505 South Garey Avenue, Pomona, CA,

7 CITY OF POMONA PLANNING COMMISSION REPORT DATE: October 8, 2014 TO: FROM: Chairman and Members of the Planning Commission Planning Division SUBJECT: TENTATIVE TRACT MAP (TTM ) A request to subdivide four (4) existing lots totaling 2.81 acres into 33 numbered lots and eight (8) lettered lots on a site approved for the development of 33 residential units within the Workplace Gateway Segment of the Pomona Corridors Specific Plan (CSP) at 2075 and 2093 N. Garey Avenue. STAFF RECOMMENDATION The Planning Division recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Tentative Tract Map (TTM ), subject to conditions. PROJECT/APPLICANT INFORMATION Project Location: 2075 and 2093 N. Garey Avenue APN Information: Project Applicant: Stephen R. Sheldon, on behalf of Sheldon Development, LLC Property Owners: Marquita S. and John A. Gyben North Garey Avenue Properties, LLC City Council District: District # 6 Historic/CBD: Not Applicable Specific Plan: CSP Workplace Gateway Segment PROJECT DESCRIPTION The purpose of the Tentative Tract Map is to subdivide four (4) vacant lots totaling 2.81 acres into 33 numbered lots and eight (8) lettered lots. The numbered lots are intended to accommodate 24 detached, single-family residences and 9 townhouse units. The lettered lots are City of Pomona Planning Division Planning Commission Meeting of October 8, 2014

8 TTM & 2093 N. Garey Avenue Page 2 of 4 for the development s internal drive aisles, active and passive open space areas (public and private), and rain garden. In conjunction with the proposed subdivision, approximately 409 linear feet of public alleyway located along the westerly periphery of the development will be vacated and consolidated within the project development (Attachment 3). On September 25, 2014, the Community Development Director approved Development Plan Review for the development of 24 detached, two-story, single-family residences and, 9 attached, three-story townhomes on the subject lot. Tentative Tract Map (TTM ) will create the necessary lots to accommodate the development project and allow for the project to be ownership based. Applicable Code Sections The Subdivision Map Act of the State of California and the City s Subdivision Ordinance (Pomona City Code Chapter 29) require the filing of a Tentative Tract Map for the proposed subdivision of 33 numbered lots and eight (8) lettered lots. Surrounding Land Use Information The project site is located within a commercially-zoned and residential area characterized by a combination of general office, medical office, and retail shopping uses along N. Garey Avenue, and residential and open space (Yorba Elementary School) uses located to the south and west of the subject site. The subject site is currently vacant (Attachment 2). The nature of the surrounding uses, zoning and General Plan land use designations are delineated in the table below: Subject Site North South East West Land Use Summary Table Existing Land Use Zoning Designation General Plan Designation Vacant CSP Workplace Gateway Segment Neighborhood Edge Medical Offices (across La Verne Avenue) General & Medical Offices & Single Family Residences Retail & Restaurant Uses (across N. Garey Avenue) Yorba Elementary School & Single- Family Residences CSP Workplace Gateway Segment CSP Workplace Gateway Segment & R-1-7,200 (Single- Family Residential) CSP Workplace Gateway Segment O (Open Space) & R-1-7,200 Neighborhood Edge Neighborhood Edge & Residential Neighborhood Neighborhood Edge Residential Neighborhood City of Pomona Planning Division Planning Commission Meeting of October 8, 2014

9 TTM & 2093 N. Garey Avenue Page 3 of 4 Site Development Standards Staff has evaluated the proposed subdivision to ensure compliance with the minimum development standards of the CSP-Workplace Gateway Segment and the Subdivision Map Act. Compliance with the required development standards will ensure that the site is developed in manner consistent with the purpose and intent of the CSP-Workplace Gateway Segment. ISSUES ANALYSIS Issue 1: General Plan and Zoning Compliance The proposed subdivision will allow the applicant to subdivide four (4) existing parcels into 33 numbered lots and eight (8) lettered lots. The proposed subdivision is consistent with the site zoning of CSP-Workplace Gateway Segment and the General Plan land use designation of Neighborhood Edge. Issue 2: Land Use Compatibility/Neighborhood Context The proposed development will not have a significant impact on the surrounding neighborhood since the subdivision is consistent with the CSP requirements and is compatible with the surrounding commercial and residential uses. The project is located in the CSP-Workplace Gateway Segment on a major arterial street. The surrounding neighborhood south and west of N. Garey Avenue is exclusively residential. Staff believes that the subdivision will not have an adverse impact upon the surrounding area and will provide an adequate transition from the higher intensity developments along N. Garey Avenue to the existing single-family residential neighborhoods. Issue 3: Access The parcels currently have street access via six (6) access points with four (4) on N. Garey Avenue and one (1) on La Verne Avenue, including an alleyway located to the west of the subject site. The subdivision will eliminate the existing driveways along N. Garey Avenue, vacate the adjacent alleyway, and provide a new entry along La Verne Avenue that serves as the primary access to the project development. The alleyway is privately owned and served by an existing easement dedicated to the City for alley purposes. The Department of Public Works evaluated the easement and determined that abandonment of the alleyway will not adversely impact access to other surrounding properties and roadways. A Traffic Impact Study prepared for the development project by Arch Beach Consulting analyzed the project s potential to impact existing circulation patterns along local roadways. The study determined that the project will not adversely impact area intersections and driveways, with intersections determined to continue operating at a satisfactory Level Of Service (LOS). City of Pomona Planning Division Planning Commission Meeting of October 8, 2014

10 TTM & 2093 N. Garey Avenue Page 4 of 4 ENVIRONMENTAL ANALYSIS/DETERMINATION Upon submittal of the project, staff reviewed the proposed development project in accordance with the California Environmental Quality Act (CEQA) guidelines. After examining the proposed project, staff has determined that the proposed project meets the criteria for a Class 32 Categorical Exemption pursuant to Section regarding infill development projects. Therefore, based on the findings below, staff is recommending that the Planning Commission find that the proposed project is Categorically Exempt. PUBLIC COMMUNICATIONS: A copy of the public hearing notice was published on September 29, 2014 in the Inland Valley Daily Bulletin and was sent to the owners and occupants of properties within a 1,000-foot radius of the subject site on September 29, 2014, 2014 (Attachment 4). As of the date of this report, staff has not received any correspondence either supporting or opposing the proposed project. CONCLUSION Based on staff s analysis of the issues and the recommended conditions of approval, the proposed subdivision is compatible with adjacent land uses and will not result in any negative impacts to the surrounding properties. RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the attached Resolution approving Tentative Tract Map (TTM ), subject to conditions. Respectfully Submitted: Prepared By: Brad Johnson Planning Manager Andrew Gonzales Associate Planner PC ATTACHMENTS: 1) Draft PC Resolution for TTM ) Vicinity Map & Aerial Photo 3) Project Plan Reduction (8.5 x11 ) 4) Public Hearing Notice & 1,000-foot Radius Map 5) Development Plan Review Project Plans 6) Full Size Plans I:\Economic Development\Planning\Master Planning\PLANNING COMMISSION\Staff Reports\Tentative Maps\2075 & 2093 N Garey Ave (TTM ).doc City of Pomona Planning Division Planning Commission Meeting of October 8, 2014

11 ATTACHMENT 1 DRAFT PC RESOLUTION

12 PC RESOLUTION NO. 14-0XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF POMONA, CALIFORNIA APPROVING TENTATIVE TRACT MAP (TTM ) FOR THE SUBDIVISION OF 33 NUMBERED LOTS AND 8 LETTERED LOTS LOCATED AT 2075 AND 2093 N. GAREY AVENUE. WHEREAS, the applicant, Sheldon Development, LLC, has submitted an application for Tentative Tract Map (TTM ) for residential ownership purposes at 2075 and 2093 N. Garey Avenue; WHEREAS, the subject property is currently located within the Corridor Specific Plan, Workplace Gateway Segment zoning district; WHEREAS, the subject site is designated as a Neighborhood Edge place type in the T4-B transect zone by the City s General Plan; WHEREAS, the Community Development Director of the City of Pomona has, after giving notice thereof as required by law, held a public hearing on September 25, 2014, and approved Development Plan Review (DPR ) for the development of 24, detached, two-story, singlefamily residences and, 9 attached, three-story townhomes; WHEREAS, the Planning Commission of the City of Pomona has, after giving notice thereof as required by law, held a public hearing on October 8, 2014, concerning the requested Tentative Tract Map (TTM ); 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: 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 15332, Class 32 (In-fill Development). The Planning Commission finds that; 1) the proposed project is consistent with the General Plan and Zoning Ordinance of the City; 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. 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.

13 PC Resolution No. 14-0XX 2075 & 2093 N. Garey Ave. Page 2 of 9 SECTION 3. Pursuant to Section of the California Government Code (Subdivision Map Act) and the City s Subdivision Ordinance, the Planning Commission must make seven findings in order to approve Tentative Tract Map (TTM ). Based on 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 tentative tract map is consistent with the general plan and applicable specific plan. The project is consistent with the General Plan place type of Neighborhood Edge in the T4-B transect zone. Furthermore, the T4-B Transect Zone prescribes the typical development type as: Grand scale buildings. Development is compatible with medium scale multi-family housing and townhomes in areas envisioned to have a more residential character. The project is an appropriate transition to the established single-family residences to the south and west of the subject site. With the conditions of approval, the proposed residential development will positively affect the general welfare of the community and improve the aesthetics of the immediate neighborhood. 2. The design or improvement of the proposed subdivision is consistent with the general plan and applicable specific plan. The design and improvements of the proposed subdivision are consistent with the General Plan in that on-site improvements, such as driveways, sidewalks and drainage facilities will be designed and constructed in accordance with City standards. In addition, the project design, which is intended for multiple-family residential development, provides for satisfactory pedestrian and vehicular circulation. 3. The site is physically suitable for the type of development. The site is physically suitable for the development in that the proposed subdivision is planned for multiple-family residential development. Given the shape and topography of the 2.81-acre site, the subdivision design accommodates adequate land for 33 dwelling units, accompanying driveways and open space areas to service the development. Further, the site is relatively flat which will allow for minimal grading and compatible building pad heights with adjacent properties surrounding the project site.

14 PC Resolution No. 14-0XX 2075 & 2093 N. Garey Ave. Page 3 of 9 4. The site is physically suitable for the proposed density of development. The site is physically suitable to accommodate the proposed density resulting from the subdivision. The subdivision proposes 33 dwelling units on a 2.81-acre property, which results in a density of approximately 12 units per acre. This density is consistent and less than the maximum density of 40 units per acre as established within the City s General Plan. 5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project will comply with the policies and regulations of the Pomona City Code and General Plan and with all local or regional plans, policies, regulations, and any requirements by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Based on these factors, the proposed subdivision will not cause substantial environmental damage or injure wildlife or their habitat. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and the type of improvements are not likely to cause serious problems to public health because the building and infrastructure improvements shall be constructed to conform to all City standards. The adopted City standards relating to the Uniform Building Code and Grading Code are designed to protect the public health and welfare and have been approved by the City. 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The design of the subdivision or type of improvements will not conflict with other easements acquired by the public at large. The project will result in the abandonment of an existing access easement that serves as an alleyway. The elimination of the alleyway will not restrict access to other surrounding properties as they will be adequately served by other adjacent right-of-ways. SECTION 4. Based upon the above findings, the Planning Commission hereby approves Tentative Tract Map (TTM ) 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 conditional use permit or any portion thereof:

15 PC Resolution No. 14-0XX 2075 & 2093 N. Garey Ave. Page 4 of 9 PLANNING DIVISION 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 October 8, 2014, and as illustrated in the stamped approved plans dated October 8, 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. This approval shall lapse and become void if the privilege authorized is not utilized within two years from the date of this approval (October 8, 2016), in accordance with Pomona Zoning Ordinance section.580.i. The Planning Commission may extend this period for one year upon receipt of an application for a Time Extension request submitted by the applicant at least thirty days before the expiration date of this approval. 3. The project is subject to a twenty day appeal period. Written appeals may be filed with the City Clerk within twenty days by one or more City Council members, the applicant, or any person owning property within one-thousand feet of the exterior boundary of the applicant s property. The appeal shall be filed with the City Clerk within twenty days from the date of action by the Planning Commission. 4. 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 Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or , 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

16 PC Resolution No. 14-0XX 2075 & 2093 N. Garey Ave. Page 5 of 9 applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 5. In case of a violation of any of the conditions of approval and/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 (90) 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. 6. Conditions, Covenants, and Restrictions (CC&Rs) shall be recorded for this project prior to the issuance of Certificate of Occupancies for the dwellings and prior to the sale of any lot or dwelling. At a minimum, the CC&R's shall include provisions that 1) establish a Homeowner's Association (HOA), 2) incorporate conditions 1,4,5, and 8-17 of this TTM and 3) provide reciprocal access easements and facilitate the use and maintenance of the common areas. The CC&Rs shall be submitted to the Planning Division for review prior to the issuance of building permits. 7. Comply with all applicable Development Plan Review conditions of approval. LA COUNTY FIRE DEPARTMENT 8. If security gates are provided, maintain a minimum access width of 20 feet ingress and 20 feet egress. The security gate shall be provided with an approved means of emergency operation, and shall be maintained operational at all times and replaced or repaired when defective. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F220. Gates shall be of the swinging or sliding type. Construction of gates shall be of materials that allow manual operation by one person. Fire Code Submit complete detail of the proposed gate prior clearance of the Final Map. 9. Fire Department apparatus access shall be extended to within 150 feet of all portions of the exterior walls of any future buildings or structures. Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 10. All proposed streets within this development shall provide approved street names and signs. All future buildings shall provide approved address numbers. Compliance required prior to occupancy to the satisfaction of the Department of Public Works and the County of Los Angeles Fire Code.

17 PC Resolution No. 14-0XX 2075 & 2093 N. Garey Ave. Page 6 of All fire lanes shall be clear of all encroachments, and shall be maintained in accordance with the Title 32, County of Los Angeles Fire Code. 12. Provide a minimum unobstructed width of 26 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance clear to sky Fire Department vehicular access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building Fire Code & Install 3 public fire hydrant(s). 14. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal 15. The required fire flow for the public fire hydrants on this residential development is 2000 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. 16. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction 17. Parking shall be restricted 30 feet adjacent to any required public fire hydrant, 15 feet on each side measured from the center of the fire hydrant. Adequate signage and/or stripping shall be required prior to occupancy. PUBLIC WORKS TRANSPORTATION AND DEVELOPMENT Tract Map requirements: 18. The development's tentative tract map shall be recorded as one final tract map and developed as one tract. Financial security for all public improvements shall be posted prior to the approval of the final map. 19. Tentative Tract Map shall conform to the requirements of the Subdivision Map Act and to City Ordinance No All existing and proposed easements for water/storm drain/sewer lines, ingress/egress, footings and traveled ways must be clearly shown on the map. Prior to recordation, the applicant shall demonstrate to the satisfaction of the City Engineer that the proposed subdivision will not unreasonable interfere with the use of any easement holder of property.

18 PC Resolution No. 14-0XX 2075 & 2093 N. Garey Ave. Page 7 of 9 Any omission or misrepresentation of these documents may require the final map to be resubmitted for further consideration. Provide copies of all recorded instruments referenced in the easements section pertaining to the project s legal description. 21. The final map must include all necessary easements for the required public utility installations along with the applicable vacations of city utility easements due to proposed infrastructure relocations. 22. Prior to the final map recordation applicant shall ensure that domestic water services do not cross property lines unless those separate properties have the same owner. 23. Prior to the final map approval the Title Company must submit a Final Subdivision Guarantee to the Engineering Department. 24. All subdivisions must have centerline ties and survey property monuments set by a licensed Professional Civil Engineer or Land Surveyor as shown on the recorded subdivision. All final monuments shall be set by the Engineer of record within one year of the final map recordation; adequate monumentation bond is required prior to the final map recordation. 25. Prior to the grading permit issuance: a) Owner/Developer shall execute a Covenant restricting the sale of any lots until the final map is recorded. b) Owner/Developer shall install a cleanout for the remainder of the public sewer main south of the property boundary and ensure the integrity of the sewer lateral serving the existing tenant at 2055 N. Garey Avenue. c) If the vacation of the portion of public alley located along the westerly property line has not been recorded with the Los Angeles County Recorder s Office: (i) Owner/Developer shall post a cash bond for all public improvements within the portion of public alley proposed for vacation, in accordance with the current City standards and cost estimates. (ii) Owner/Developer shall hold the City harmless and defend the City in case of any legal actions occurring as a result of an accident, claim or work conducted within the public right-of-way (i.e. public street, alley or City owned land). 26. Prior to the issuance of any building permits, the final map shall be recorded to reflect the new lot lines. Mylar copies of the map with the Los Angeles County Recorder s Office official stamp must be submitted to the Engineering Department. 27. Prior to the final map recordation Owner is responsible for the compliance with any special annual levy assessment derived from the current inclusion of the project site into the City s

19 PC Resolution No. 14-0XX 2075 & 2093 N. Garey Ave. Page 8 of 9 Street Lighting and Landscaping Maintenance District. The due assessment levy will be adjusted based on the proposed subdivision. 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. 28. Owner/Developer shall ensure that a property owner s association is established for the purpose of maintaining all driveways, common areas, private utilities and joint use of parking and access for the benefit of all individual parcels. The association documents, including any necessary Covenants, Conditions and Restrictions (CC&Rs) shall be approved by the City Attorney and recorded on the grant deed prior to approval of the final map. 29. Prior to issuance of the building permits applicant/developer is responsible for paying the project s impact fees for traffic signals and control devices, road and highway improvements, public safety improvements and park and recreation improvements. Public Works Improvements Permit All work in the public right-of-way is subject to review, approval, and permitting requirements of Public Works Department. 30. Prior to the map approval Owner/Developer shall post surety bonds for all public improvements, including but not limited to: water, sewer, storm drains, street frontage pavement, sidewalk, drainage, driveway approaches and all traffic improvements. 31. 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; (i) Note: The Commercial General Liability and the Automobile Liability policies shall include the City of Pomona as additional insured. 32. Permittee shall pay fees associated with and possess the City of Pomona Business License. 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. SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.

20 PC Resolution No. 14-0XX 2075 & 2093 N. Garey Ave. Page 9 of 9 APPROVED AND ADOPTED THIS 8 th DAY OF OCTOBER ATTEST: KENNETH COBLE PLANNING COMMISSION CHAIRPERSON BRAD JOHNSON PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: ANDREW JARED ASSISTANT CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF POMONA ) AYES: NOES: ABSTAIN: ABSENT: "Pursuant to Resolution No of the City of Pomona the time in which judicial review of this action must be sought is governed by Sec C.C.P." I:\Economic Development\Planning\Master Planning\PLANNING COMMISSION\RESOLUTIONS\2075 & 2093 N Garey Avenue (TTM ) Reso.doc

21 ATTACHMENT 2 VICINITY MAP & AERIAL PHOTO

22 2075 & 2093 N. Garey Avenue: Vicinity Map & Aerial Photo

23 ATTACHMENT 3 PROJECT PLAN REDUCTIONS

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26 ATTACHMENT 4 PUBLIC HEARING NOTICE & RADIUS MAP

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29 ATTACHMENT 5 DEVELOPMENT PLAN REVIEW NO PROJECT PLANS

30 Garey & La Verne, Pomona Setback Deviation Summary: "Corridors Specific Plan-Workplace Gateway Segment" Site Summary: Parking Summary: Open Space Summary: Conceptual Site Plan Program Summary: Private Open Space Summary: 1

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42 ATTACHMENT 6 FULL SIZE PLANS