CITY OF POMONA PLANNING COMMISSION AGENDA POMONA, CALIFORNIA CITY COUNCIL CHAMBERS 505 South Garey Avenue, Pomona, CA 91769

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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, April 9, 7:00 PM A. CALL TO ORDER: Chair Denton Mosier B. FLAG SALUTE: Chair Denton Mosier C. ROLL CALL: Brad Johnson, Planning Manager Chair Denton Mosier; Vice Chair Edward Starr; Commissioner Kenneth Coble; Commissioner Daryl S. Beans; Commissioner Oscar Ixco; Commissioner DeAndre D. Valencia and Commissioner Luis M. Juarez 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 non-agenda 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 April 9, 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: February 12, 2014 F. PUBLIC HEARING ITEMS: 1. CONDITIONAL USE PERMIT (CUP ) Project Address: 2766 Pomona Boulevard Project Applicant: Tim Cho, on behalf of DFH Architects Project Planner: David Sanchez, Associate Planner Council District: CC District No. 1 Project Description: The applicant is proposing Conditional Use Permit (CUP ) to allow a charter bus facility with administrative office and vehicle storage in a 6,700 square foot building on a 1.18 acre lot located in the M-1 (Light Industrial) zoning district. Pursuant to the provisions of the California Environmental Quality Act (CEQA-Public Resources Code, Section et. seq.), in compliance with Article 19, Section (Class 1 Existing Facilities), this project meets the guidelines for a Categorical Exemption. Recommended Action: The Planning Division recommends that the Planning Commission approve Conditional Use Permit (CUP ), subject to conditions. 2. CONDITIONAL USE PERMIT (CUP ) Project Address: 785 Rio Rancho Road Project Applicant: Chipotle Mexican Grill Project Planner: Leonard Bechet, Assistant Planner Council District: CC District No. 5 Project Description: The applicant is proposing a Conditional Use Permit (CUP ) to allow the sale of alcoholic beverages (on sale beer and wine Type 41 ABC License) for onsite consumption at an existing restaurant located in the C-4 (Highway Commercial) zone. Pursuant to the provisions of the California Environmental Quality Act (CEQA-Public Resources Code, Section et. seq.), in compliance with Article 19, Section (Class 1 Existing Facilities), this project meets the guidelines for a Categorical Exemption. Recommended Action: The Planning Division recommends that the Planning Commission approve Conditional Use Permit (CUP ), subject to conditions. Planning Commission Agenda April 9, 2014 Page 2

3 G. NEW BUSINESS: 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 April 23, 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 April 9, 2014, Planning Commission meeting was posted on Thursday, April 3, Brad Johnson Planning Manager Planning Commission Agenda April 9, 2014 Page 3

4 F Pomona Boulevard F2 785 Rio Rancho Road F1 F2 Planning Commission Agenda April 9, 2014 Page 4

5 UNOFFICIAL MINUTES PLANNING COMMISSION MEETING FEBRUARY 12, 2014 CALL TO ORDER: FLAG SALUTE: ROLL CALL: COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: STAFF PRESENT: The Planning Commission meeting was called to order by Chairperson Mosier in the City Council Chambers at 7:04 p.m. Commissioner Ixco led the flag salute Roll was taken by Planning Manager Johnson Chair Mosier; Commissioners Beans, Coble, Ixco, and Juarez Commissioners Starr and Valencia (both excused) Community Development Director Lazzaretto, Planning Manager Johnson, Assistant City Attorney Jared, Associate Planner Sanchez, Assistant Planner Bechet, and Minutes Clerk Casey-Aggers ITEM D: CITIZEN PARTICIPATION: Dr. Julie Rathbin O Malley spoke on her concern regarding protecting Berkshire Way from commercial which had been allowed to encroach on Berkshire. She stated the previous Commission stated there should not be any commercial driveways or access on Berkshire, but a permit had recently been issued for an access gate which she felt was approved in error. Community Development Director Lazzaretto stated the Building Department recently issued a permit for a remodel which did not need to come before the Commission or Council and the remodel included an access gate from Berkshire Way. In addition, he stated not much could be done other than the neighborhood dealing with the issue at the civil level, but the property owner stated he would be willing to sign a notarized document stating the access gate would only be utilized by his wife. Mark Vorisek spoke on his concern regarding protecting Berkshire Way from commercial properties which had been allowed to encroach on Berkshire Way. He stated an agreement had been made regarding commercial properties that have portions which face Berkshire Way never having access points from Berkshire Way. He stated he felt this access point, which was just granted, was not needed. He stated he is already seeing cars parked and he hopes the neighborhood could remain as is. In addition, he stated the remodel was done without any notice to the neighborhood. ITEM E: CONSENT CALENDAR: 1. APPROVAL OF PC MINUTES: December 11, 2013

6 Unofficial Minutes Planning Commission Meeting February 12, 2014 Page 2 of 6 Motion by Commissioner Beans, seconded by Commissioner Ixco, carried by a majority vote of the members present ( ) Commissioner Coble abstained and Commissioners Starr and Valencia excused, adopting the Planning Commission meeting minutes of December 11, ITEM F: PUBLIC HEARING ITEMS: F-1 PUBLIC HEARING CONDITIONAL USE PERMIT (CUP ) TO ALLOW A MEZZANINE ADDITION TO AN EXISTING BUILDING AND CONSTRUCTION OF A NEW SURFACE PARKING LOT ON PROPERTIES LOCATED IN THE M-I-S (LIGHT INDUSTRIAL WITH SUPPLEMENTAL OVERLAY) ZONE LOCATED AT 285 AND 252 BUENA VISTA AVENUE. Assistant Planner Bechet provided a staff report regarding a request for a mezzanine addition. Commissioner Juarez inquired how the mezzanine would be supported. Assistant Planner Bechet stated the structure would be inspected by the Building and Safety division to ensure it is supported properly. Commissioner Beans stated a concern regarding the hours of operation and additional traffic stating this could possibly bring to the residents in the area and the lack of restrictions set in the conditions regarding the truck sizes allowed. Chair Mosier opened the public hearing. The applicant, Mr. Walt Petroske, agreed with the staff report and asked the Commission to approve. In addition he stated most of his business is done online therefore traffic should not be a concern and large trucks would not be needed as his business ships directly to the retailers. He stated he is open to additional conditions regarding limiting operating hours and large trucks. Commissioner Beans inquired whether the applicant would agree to a condition prohibiting deliveries to take place after 8pm. Mr. Walt Petroske stated he would agree to the condition. Chair Mosier closed the public hearing. The Commission discussed and agreed to add a condition prohibiting commercial delivers from 8pm to 6am. Motion by Commissioner Beans, seconded by Commissioner Juarez, carried by a unanimous vote of the members present ( ) Commissioners Starr and Valencia excused, adopting the attached amended resolution approving Conditional Use Permit (CUP ). F-2 PUBLIC HEARING CONDITIONAL USE PERMIT (CUP ) TO ALLOW A PUBLIC SCHOOL (SCHOOL OF ART AND ENTERPRISE) TO PROVIDE MIDDLE SCHOOL CURRICULUM (GRADES 6-8), WITH UP TO 375 STUDENTS, IN AN EXISTING 34,500 SQUARE FOOT TWO-STORY BUILDING, LOCATED IN THE MIXED USE CENTRAL BUSINESS DISTRICT (MU-CBD) LAND USE DESIGNATION OF THE DOWNTOWN POMONA SPECIFIC PLAN AND A 2

7 Unofficial Minutes Planning Commission Meeting February 12, 2014 Page 3 of 6 REQUEST FOR GENERAL PLAN CONFORMITY ALLEY VACATION LOCATED AT 375 S. MAIN STRRET. Associate Planner Sanchez provided a staff report regarding a request to allow a public school. In addition, he stated staff was suggesting to remove Condition No. 15. Chair Mosier inquired whether student art could be utilized to satisfy Condition No. 16 regarding public art. Associate Planner Sanchez stated student art may be used. Commissioner Coble inquired whether the Vehicle Parking District (VPD) or the Downtown Pomona Owners Association (DPOA) had commented regarding this project. Associate Planner Sanchez stated the VPD approved and a member of the DPOA was present. Commissioner Coble stated a concern with loitering and stated he felt Conditions No. 26, 27, and 28 were open. He stated he felt the language for the conditions should be strengthened. In addition, he stated he felt Condition No. 16 should be modified to require all outside art to be approved by the Cultural Arts Commission and Condition No. 14 should be modified to include the number of bike racks and to prohibit bikes from being secured to any fencing. Commissioner Juarez stated he would like a condition to require signage to be posted to prohibit smoking in the parking area and throughout. Commissioner Coble stated a concern with the parking area being used as a play area such as a basketball court and the lack of condition requiring the parking area to be utilized for parking only. Chair Mosier opened the public hearing. The applicants, Mr. Ed Tessier and Ms. Katherine Tessier provided background on their current school, their proposed school, agreed with the staff report, and asked the Commission to approve. Commissioner Beans inquired whether their current school has had any negative impacts on the downtown area. Mr. Ed Tessier stated the school does not bring negative impacts to the downtown area as the school is designed as a college campus which holds classes at the downtown area, the Fox Theater, and other places of business in the downtown area. Commissioner Beans inquired whether there would be street parking. Mr. Ed Tessier stated the building was in the VPD so parking was guaranteed. He stated he would like the uses in the parking lot to be open for times that may be needed. Ms. Katherine Tessier stated she felt two bike racks would be sufficient and she agreed to modify Condition No. 14 by adding language prohibiting fencing to be utilized to secure bikes. Chair Mosier invited the public for comments. Ms. Lucile Burger, Executive Director of the School, agreed with the staff report and asked the Commission to approve. In addition, she stated she had collaborated with the DPOA regarding security guards and security for the school. Commissioner Coble inquired what the schools plans were for physical activity for the children. Ms. Lucille Berger stated the school will have built in creative space as well as dance, active drama, and yoga. She stated the school would meet State requirements for physical education including testing. Ms. Virginia Mejia stated her grandson attended the middle school and the school has changed her opinion of Pomona. She asked the Commission to approve. Mr. Isaiah Gonzales stated he attended the middle school which has helped him to raise his grade point average. He asked the Commission to approve. Ms. Naomi Kadinoff, Visual Arts Teacher and Arts Core Chair, stated the school assisted kids to be their pro-self. She stated she felt the school improved the community and asked the Commission to approve. Mr. Gerardo Arreola, Jr. stated he was a senior at the high school and the school had been a positive influence on him. He asked the Commission to approve. Ms. Sarah Arreola stated she was bullied at her other school and she was treated bad, but since she began to attend the Art School she felt welcome and the teachers are always there for her. She asked the Commission to approve. Mr. Paul Treesuwan, resident of Pomona and teacher, stated he felt the school improved the community and asked the 3

8 Unofficial Minutes Planning Commission Meeting February 12, 2014 Page 4 of 6 Commission to approve. Ms. Elena Brown stated she was in support of the expansion, she felt the school met Pomona s needs, and asked the Commission to approve. Ms. Carolyn Hemming, President of the DPOA, stated she felt this would be great for the kids, she did not feel it would cause a negative impact on the downtown, the downtown bike racks are available for school use and additional racks could be added if needed, she stated at the current schools security and staff are always present, and asked the Commission to approve. Mr. Alexander Ojeda stated he attends one of the schools, which has helped him to improve his grades as the teachers provide assistance and he asked the Commission to approve. Mr. Raymond Golan, 7 th grader at the middle school, stated he loved the school as he was teased and bullied at his previous school and he did not have good grades and this school had changed all that because the teachers and the students care. He asked the Commission to approve. Ms. Lisa Newman stated the school changed her son s personality and life. She stated he receives good grades because the school offers free tutoring and the teachers work with the students. In addition, she stated she felt the school improved the City s reputation and asked the Commission to approve. Mr. Danny Flores stated he met with the library last week and he extended an invitation to the Commissioners to attend the school to read to the students. Mr. Julio Cesar Rivas stated he wished he had a school like this when he was growing up and asked the Commission to approve. Mr. Marco Fonseca, Coordinator at the school, stated he was an alumni of the school and it took him five different schools before he found this school which accepted him as he was. He asked the Commission to approve. Ms. Betty Ramirez stated she felt the school would enormously assist the City and she asked the Commission to approve. Ms. Rosie Arreola agreed with the staff report and asked the Commission to approve. Ms. Gaby stated she lived in Diamond Bar and she found this school which has changed her thinking about Pomona. She asked the Commission to approve. Ms. Tricia Manzo stated her support for the school and stated she felt this would provide an opportunity for addition students to express themselves in ways they cannot at other schools. Chair Mosier closed the public hearing. Commissioner Coble stated a concern with not adding specific conditions due to the school being a middle school as there is not a condition stating the facility must remain a middle school. In addition, he stated a concern with not adding a condition prohibiting the parking area from being used as a play area as a successor may utilize the site differently as this applicant plans to. The Commission discussed and agreed to modify Condition No. 14 by adding language prohibiting fencing to be utilized to secure bikes and by adding language stating bike racks will be added if needed, to remove Condition No. 15, and to modify Condition No. 16a ii by specifying public art must be approved by the Cultural Arts Commission. Motion by Commissioner Beans, seconded by Commissioner Juarez, carried by a unanimous vote of the members present ( ) Commissioners Starr and Valencia excused, adopting the attached amended Resolution approving Conditional Use Permit (CUP ). Commissioner Juarez excused himself from the meeting at 9:50 p.m. F-3 PUBLIC HEARING REVOCATION OF CONDITIONAL USE PERMIT (CUP , PC RESOLUTION ), TO ALLOW A MEDICAL WASTE TREATMENT AND TRANSFER FACILITY WITHIN AN EXISTING 15,076 SQUARE FOOT 4

9 Unofficial Minutes Planning Commission Meeting February 12, 2014 Page 5 of 6 INDUSTRIAL BUILDING WITH OFFICE SPACE AT A 34,127 SQUARE FOOT LOT IN THE M-1 (LIGHT INDUSTRIAL) ZONE LOCATED AT 683 NEW YORK DRIVE. Associate Planner Sanchez provided a staff report regarding a request for a revocation of a Conditional Use Permit. Chair Mosier inquired whether the property had remained as is since the CUP was approved. Associate Planner Sanchez stated the application was active, but the site was recently purchased by another company and since that purchased activities had stopped. Chair Mosier inquired why the revocation was requested. Planning Manager Johnson stated staff would have requested the revocation without this request. In addition, he stated the new property owner expressed an interest in a new type of use, but she was not prepared to come before the Commission and has not showed which lead staff to believe she was no longer interested. Assistant City Attorney Jared stated he reviewed the correspondence and the property owner s lack of presence agrees with continuing with this revocation. Chair Mosier opened the public hearing and as there were not any speakers he closed the public hearing. Motion by Commissioner Ixco, seconded by Commissioner Beans, carried by a unanimous vote of the members present ( ) Commissioners Juarez, Starr, and Valencia excused, adopting the attached Resolution approving Revocation of Conditional Use Permit (CUP , PC Resolution ) ITEM G: NEW BUSINESS: None ITEM H: PLANNING COMMISSION COMMUNICATIONS: Commissioner Beans stated he would like to see staff and the Commission is sensitive to residential that is located in areas of mixed use. Commissioner Coble agreed and asked the staff to ensure residents are informed and understand what is being proposed in their area. ITEM I: PLANNING MANAGER COMMUNICATIONS: 1. Tentative Planning Division projects for the February 26, 2014, Planning Commission meeting (all items listed below are tentatively scheduled). ITEM J: ADJOURNMENT: The Planning Commission meeting was motion to adjourn by Chairperson Mosier at 10:14 p.m. to the regular scheduled meeting of February 26, 2014 in the City Council Chambers. 5

10 Unofficial Minutes Planning Commission Meeting February 12, 2014 Page 6 of 6 Brad Johnson Planning Manager Maureen Casey-Aggers, Transcriber The minutes of this meeting are filed in the Planning Division of City Hall, located 505 South Garey Avenue, Pomona, CA,

11 CITY OF POMONA PLANNING COMMISSION REPORT DATE: April 9, 2014 TO: FROM: Chairman and Members of the Planning Commission Planning Division SUBJECT: CONDITIONAL USE PERMIT (CUP ): A request for a Conditional Use Permit (CUP ) to allow a charter bus facility with administrative office and vehicle storage within a 6,700 square foot building on a 1.18 acre lot located in the M-1 (Light Industrial) zoning district. STAFF RECOMMENDATION The Planning Division recommends that the Planning Commission adopt the attached PC Resolution (Attachment 1) approving Conditional Use Permit (CUP ), subject to conditions. PROJECT/APPLICANT INFORMATION Project Location: 2766 Pomona Bl APN Information: Project Applicant: Tim Cho, on behalf of DFH Architects Property Owner: Lin Chi and Qian Zhang CC District: District # 1 Redevelopment Area: Not Applicable Historic/CBD: Not Applicable Specific Plan: Not Applicable PROJECT DESCRIPTION The subject property is located on the south side of Pomona Boulevard, between State Route 57 and Humane Way, on a 1.18 acre property located in the M-1 (Light Industrial) zoning district (Attachment 2). The subject site is currently improved with a 6,700 square foot industrial building, and is fully paved. City records indicate that the site was initially constructed in 1974 and has historically been occupied by contractor s yards, most recently by Sunwest Engineering, a general contractor for fueling equipment. City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

12 CUP Pomona Bl Page 2 of 5 The applicant is proposing to establish a charter bus facility with surface parking/storage for a total of 17 buses. The site is proposed to be an administrative office for the charter bus service. The proposed office staff includes five employees. Sina Coach, the proposed occupant for the site, currently has a terminal yard located just east of the City limits, in unincorporated San Bernardino County. The subject site is proposed to be a satellite facility with administrative office for sales staff. The proposed hours of operation are from 9am to 6pm. The existing warehouse is proposed for cleaning of the interior of the buses stored onsite. No maintenance or washing of the exterior of the buses is proposed onsite. As part of the proposal, the applicant is proposing to eliminate the parking stalls from the front yard setback area and replace them with additional landscaping, with the exception of a handicapped stall, which is located immediately adjacent to the front office doors. Applicable Code Sections Pursuant to Section.580 of the Pomona Zoning Ordinance, which establishes criteria for a Conditional Use Permit, approval by the Planning Commission is required for the establishment of a charter bus company. Surrounding Land Use Information In general, the immediate areas, and abutting uses to the site, are improved with industrial uses. The nature of the surrounding uses, zoning and General Plan land use designations are delineated in the following table for Planning Commission consideration. Land Use Summary Table Existing Land Use Zoning Designation Subject Site Former General Contractor Yard M-1 North Wholesale Automotive Accessory M-1 South East LA County Flood Control Channel Union Pacific Rail Cardboard Baling and Compacting Company M-1 M-1 West Lighting and Sign Company M-1 General Plan Designation Workplace District (SD Special District) Workplace District (SD Special District) Workplace District (SD Special District) Workplace District (SD Special District) Workplace District (SD Special District) City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

13 CUP Pomona Bl Page 3 of 5 ZONING COMPLIANCE ANALYSIS Site Development Standards Since the project site is zoned M-1, the proposed project is subject to specific development standards of the M-1 zone. Staff has evaluated the proposed project to ensure compliance with the minimum development standards of the M-1 zone. Compliance with the required development standards will ensure that the site is developed in a manner consistent with the purpose and intent of the zoning district. Staff has concluded that the physical development of the site meets and/or exceeds the development standards of the M-1 zone. The following table summarizes the proposed project and its compliance with the M-1 development standards. Development Standards Project Summary Table Zoning/Code Requirements Project Compliance Determination Lot Area No Requirement 1.18 acres Yes Floor Area No Requirement Office: 3,703 sf Warehouse: 3,017 sf Yes Yes Building Height 75 / 6 stories max. 1-story (16 ) Yes Setbacks Front: 25 Front: 30 Yes Sides: No Requirements Sides: 0 Yes Rear: No Requirements Rear: 180 Yes Landscaping 549 sq. ft. (6%) 2,873 sq. ft. (24%) Yes Parking for Site 15 spaces 17 spaces Yes ISSUES ANALYSIS Issue 1: General Plan Conformity The General Plan land use map designates the subject project as Workplace District. The proposed use is consistent with the uses intended for the area under the Industrial land use district. The proposed use is consistent with the following General Plan goal (6F.G1): Maintain adequate land in the City for workplace uses that contribute to the City s diverse economy and provide jobs for the City s residents Therefore, approval of the proposed Conditional Use Permit to allow a charter bus facility would contribute to the diversification of the City s economy and promote increased job opportunities within the City. Issue 2: Zoning Ordinance Compliance The proposed project conforms to the Zoning Ordinance for a Conditional Use Permit in that the proposed Conditional Use Permit for a charter bus facility meets the required findings and all City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

14 CUP Pomona Bl Page 4 of 5 applicable development standards. As a result, the granting of this Conditional Use Permit will not adversely affect the General Plan and the Zoning Ordinance. Issue 3: Land Use Compatibility The proposed use, a charter bus facility and an administrative office, is similar to other types of uses in the M-1 zone and will be compatible with the surrounding industrial uses that include other workplace industrial uses. The proposed methods of operation, in addition to the conditions of approval, minimize any incompatibilities with surrounding properties. ENVIRONMENTAL ANALYSIS/DETERMINATION In accordance with the California Environmental Quality Act (CEQA) guidelines, the proposed project would be categorically exempt under Article 19, Section (Existing Facilities), because the proposed project will utilize an existing facility where all public services and utilities are available to serve the project. PUBLIC COMMUNICATIONS A copy of the public hearing notice was published in the Inland Valley Daily Bulletin and was sent to the owners and occupants of properties within a 400-foot radius of the subject site on March 28, 2014 (Attachment 5). As of the date of this staff report, staff has not received any correspondence either for or against the proposed project. CONCLUSION The proposed use is consistent with the General Plan and Zoning Ordinance. In addition, the proposed use will be operated, as conditioned, in a manner that will minimize any incompatibilities and impacts with surrounding properties. The proposed project has little potential to be detrimental to the health, safety, peace and general welfare of persons residing in the area. Consequently, the proposed project will not have a negative impact to the existing industrial neighborhood and will not result in any adverse impact to the City. RECOMMENDATION The Planning Division recommends that the Planning Commission adopt the attached PC Resolution approving Conditional Use Permit (CUP ), subject to conditions. Respectfully Submitted: Prepared by: Brad Johnson Planning Manager David Sanchez Associate Planner City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

15 CUP Pomona Bl Page 5 of 5 PC ATTACHMENTS: 1) Draft PC Resolution 2) Project Vicinity Map and Aerial Photo 3) Applicant s Description 4) Project Plan Reductions (8-1/2 x 11 ) 5) 400 Radius Map and Public Hearing Notice 6) Site Photographs 7) Full Size Plans (Separate Cover) I:\Economic Development\Planning\Master Planning\PLANNING COMMISSION\Staff Reports\Conditional Use Permit\2766 Pomona Bl (CUP ).doc City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

16 ATTACHMENT 1 DRAFT PC RESOLUTION FOR CUP

17 PC RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF POMONA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP ) TO ALLOW A CHARTER BUS FACILITY WITH ADMINISTRATIVE OFFICE AND VEHICLE STORAGE WITHIN A 6,700 SQUARE FOOT BUILDING ON A 1.18 ACRE LOT LOCATED IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT LOCATED AT 2766 POMONA BOULEVARD WHEREAS, the applicant, Tim Cho from DFH Architects, has filed an application for Conditional Use Permit (CUP ) to allow the establishment of a with administrative office and vehicle storage on property located at 2766 Pomona Boulevard; WHEREAS, the subject site is zoned M-1 (Light Industrial), and designated Workplace District and Special District by the City s General Plan; WHEREAS, a conditional use permit may be approved by the Planning Commission if certain findings are made, pursuant to Section.580 of the Pomona Zoning Ordinance; WHEREAS, the Planning Commission of the City of Pomona has, after giving notice thereof as required by law held public hearings on April 9, 2014, concerning the requested Conditional Use Permit (CUP ); and WHEREAS, the Planning Commission has carefully considered all pertinent testimony, the recommendation of the Planning Division staff and the staff report offered in the case as presented at said noticed 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 15301, Class 1 (Existing Facilities) because the proposed project will utilize existing structures where all public services and facilities are available to serve the project and no expansion of intended use of existing intended use. 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.580.B of the Zoning Ordinance, the Planning

18 PC Resolution No Pomona Blvd Page 2 of 12 Commission must make findings in order to approve Conditional Use Permit (CUP ). 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. That the proposed use at the particular location will contribute to the general well being of the neighborhood or community. The proposed facility, a school bus storage yard with a maintenance and an administrative office, will contribute to the general well being of the neighborhood and community in that it will be providing employment opportunities as well as economic activity and will also be providing on-site improvements, including landscaping and pavement resurfacing. 2. That such use will, under the circumstances of the particular case, not 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 project will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity since the project is in substantial conformance with the development standards and use requirements of the Pomona Zoning Ordinance. Based on the proposed project, it is not anticipated that the configuration of the site or activities associated with the use will generate noise or other impacts that will be detrimental. To this end, a condition has been included that prohibits any sound that exceeds the City noise ordinance standards. The project will not be detrimental to the use, valuation, and enjoyment of property and improvements in the vicinity since the subject site is located within an industrial area with uses compatible to those proposed. 3. That the site for 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 in the neighborhood. The subject site is approximately 1.18 acres, sufficient enough in size to accommodate the proposed facility and all of its on-site operations. The property is large enough to also ensure that all of the development standards of the M-1 (Light Industrial) zone, such as setbacks, parking, walls/fences, landscaping, and signage are met. 4. The site abuts streets and highways adequate in width and improvements to carry traffic generations by the proposed use. The subject site is located on Pomona Boulevard, which has been determined by the Public Works Department to be capable of handling any additional vehicle/bus trips generated by

19 PC Resolution No Pomona Blvd Page 3 of 12 the proposed facility. 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 existing General Plan designation of the subject site is Industrial. With the conditions of approval, the proposed use will positively affect the general welfare of the community and will be consistent with the intent of the Workplace District place type and the Special District land use category, as well as the General Plan s Economic Development Element, including the following goal (6F.G1): Maintain adequate land in the City for workplace uses that contribute to the City s diverse economy and provide jobs for the City s residents. SECTION 4. Based upon the above findings, the Planning Commission hereby approves Conditional Use Permit (CUP ) 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: Planning 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 Planning Commission on April 9, 2014, and as illustrated in the stamped approved plans dated April 9, 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 a final certificate of occupancy is not obtained within one (1) year from the date of this approval (April 9, 2015), in accordance with Pomona Zoning Ordinance section.580.i. The Planning Commission may extend this period for one (1) 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 applicant shall retain a copy of this resolution on the premises at all times and be prepared to produce it immediately upon the request of any City representative.

20 PC Resolution No Pomona Blvd Page 4 of 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. 5. 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 four hundred 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. 6. 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 applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 7. Before issuance of a zoning clearance and business license, the applicant and any successor in interest shall sign a certificate of compliance stating that: a. They have read and understand all the conditions of approval applicable to their project; b. That they are familiar with the daily operations of the use; and c. That the use will operate in compliance with the conditions of approval. 8. The property owner shall ensure that future tenants are provided with the conditions of approval and that tenants sign a lease addendum confirming that they have read and understand all conditions relative to operation of the facility.

21 PC Resolution No Pomona Blvd Page 5 of In order to ensure future owners are made aware of conditions of approval, the applicant shall within 30 days of the date of this Resolution, and prior to issuance of a business license for the premises, applicant shall record this Resolution with the Los Angeles County Recorder s office and two (2) recorded copies forwarded to the City of Pomona Planning Division. 10. 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. 11. Prior to the issuance of a Certificate of Occupancy, a bike rack shall be installed at a location to be approved by the Planning Manager during the Plan Check process. 12. 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. 13. Prior to issuance of Certificate of Occupancy, landscaping to include a variation of trees, shrubs, vines and ground covers, shall be installed and permanently maintained in all common areas of the project site conforming with landscape and irrigation plans prepared by a licensed landscape architect and presented to the Planning Division for review and approval prior to issuance of building permits and prior to installation of any plant material. The plans shall conform to the State of California s model water efficient landscape ordinance and landscape requirements contained in Section.503-J of the Pomona Zoning Ordinance. All landscape areas shall be provided with an automated underground irrigation system as required to adequately sustain such landscaping. 14. No temporary signs relating to any activity on the premise shall be placed or allowed to remain within landscape areas, public right-of-way areas adjacent to the subject site (e.g. telephone poles, traffic signs, and city trees) or other portions on the exterior of the building. The only temporary signs allowed shall be properly permitted banner signs by permit per the City s sign ordinance. Signs placed in any window of the premises shall comply with the City s sign ordinance, and all other conditions under this Conditional use Permit.

22 PC Resolution No Pomona Blvd Page 6 of The property owner shall provide regular maintenance and cleaning of all exterior walkways, patios, canopies, sidewalks, and landscaped parkways in compliance with Pomona City Code The property shall be maintained free of weeds and debris prior, during and after the construction period for those improvements indicated on the approved site plan dated April 9, The existing office building shall be painted. All color samples shall be provided for approval by the Planning Manager prior to painting the office building. 18. The parking lot, driveways and bus storage areas shall be re-slurried and re-striped as indicated on the approved site plan dated April 9, All damaged concrete shall be repaired. 19. Prior to occupancy of the site, the canopy structures at the rear of the lot shall be removed. 20. The fabric awnings on the existing building shall be removed and replaced with new awnings. Any text or copy on the awnings shall be silkscreened onto the fabric. The color and design of the new awnings shall be subject to Planning Manager review and approval. 21. The tubular steel fencing at the front of the property shall be replaced with higher gauge tubular steel, subject to the review and approval of the Planning Manager through a fence and wall permit. 22. The applicant shall construct a trash enclosure in conformance with City standards, composed of decorative block and consistent with the block wall at the front of the property, subject to Planning Manager review and approval. 23. The automobile parking stalls identified as #4 and #5 on the project plans shall be redesigned so that they are perpendicular to Pomona Boulevard. 24. Conformance with all included conditions of this resolution shall be achieved prior to the issuance of a Certificate of Occupancy. Operational Conditions

23 PC Resolution No Pomona Blvd Page 7 of There shall be no activity conducted on the subject site that exceeds the noise and vibration parameters of Pomona City Code Section , et seq., and City Council Ordinance No at any time, or such other ordinance enacted related to noise and vibration. 26. The storage/parking of buses shall be limited to the areas identified on the plans date-stamped April 9, The subject site shall not be used as a group meeting site for patrons/riders of the charter bus service. All patron/rider pickup shall be conducted offsite. 28. The operator shall obtain Planning Division approval two business days in advance of any group patron/rider pickup location on public or private property in the City of Pomona. 29. The facility shall have a maximum of 17 charter buses on-site for storage purposes. Any requests for a future increase in the number for school buses stored at the facility may be considered by the Planning Manager provided that plans are submitted to the Planning Division indicating the location of additional storage/parking areas. Said plans shall provide the necessary site improvements (e.g. pavement, fencing, striping, screen walls etc) in compliance with the Zoning Ordinance. 30. Washing of buses shall be prohibited on site. 31. Maintenance of buses or other vehicles is prohibited on site, with the exception of cleaning of the interior of buses within the building. 32. The installation of fences and walls that were not contemplated as part of this permit will require the submittal of a Fence and Wall Permit for review and approval by the Planning Division. 33. At no time shall the site be used for the parking of recreational vehicles (RV s) without modification of this Permit. 34. At no time shall the site be used for subletting or leasing of parking areas for vehicle storage or other similar equipment or activities without modification of this Permit. 35. There shall be no parking, regardless of term, of buses associated with this facility along Pomona Boulevard at any time. 36. The operator shall not allow vehicles associated with the establishment to park, stage or queue on Pomona Boulevard at any time.

24 PC Resolution No Pomona Blvd Page 8 of The applicant shall stripe the proposed bus storage locations as identified on the approved site plan dated April 9, The proposed facility shall comply with all requirements and all other applicable codes/permits regulated by other government agencies. COMMUNITY DEVELOPMENT DEPT. CODE ENFORCEMENT DIVISION 39. Storage of inoperable vehicles on site shall be prohibited. 40. All vehicles stored onsite shall have a valid California registration and shall be capable of being operated on the public street. COMMUNITY DEVELOPMENT DEPT. BUILDING AND SAFETY DIVISION 41. A building permit shall be obtained for the proposed construction and site development. The design of the building shall comply the 2010 California Building Code, Chapters 5, 6, 7, 9, 10, 11, 12, 14, 15 and 25 for non-constructional provisions and Chapter 16, 17, 18, 19, 21, 22 and 23 for structural provisions, or such other building code applicable at the time of issuance of permits by the City of Pomona Building and Safety Division. 42. All proposed electrical work shall comply with the 2010 California Electrical Code and all other relevant laws, ordinances and resolutions governing electrical as adopted by the City of Pomona applicable at the time of issuance of permits by the City of Pomona. 43. All proposed electrical work shall comply with the 2010 California Energy Code and all other relevant laws, ordinances and resolutions governing electrical as adopted by the City of Pomona applicable at the time of issuance of permits by the City of Pomona. 44. All proposed mechanical work shall comply with the 2010 California Mechanical Code and all other relevant laws, ordinances and resolutions governing mechanical as adopted by the City of Pomona applicable at the time of issuance of permits by the City of Pomona. 45. All proposed plumbing work shall comply with the provisions of the 2010 California Plumbing Code, and all other laws, ordinances, and resolutions governing plumbing as adopted by the City of Pomona at the time of installation of improvements. PUBLIC WORKS DEPARTMENT 46. Prior to the issuance of the building permit, Applicant/Developer must submit a written confirmation from the Los Angeles County Sanitation District, of the District s agreement

25 PC Resolution No Pomona Blvd Page 9 of 12 with the proposed bus parking stalls (B9 to B13) encroaching in the District s sanitary sewer easements, as recorded on parcel map PM 3587, MB Said written statement shall also acknowledge the existing onsite structure, partially placed over the District easements, and indicate if this structure is allowed and may be protected in place, or needs to be relocated. Improvement plans requirements 47. Applicant/Developer shall submit public street improvement plans to include the following: a. Reconstruction of the property s driveway apron to accommodate the proposed site use and comply with the City Standard A-27-10, Type I, Commercial Driveway Approach with Large Radius Curbs. b. Undergrounding of existing and proposed utility lines [City of Pomona Municipal Code Section 62-31(b)(1)]; this requirement applies if the proposed development requires a building permit to construct or reconstruct any building or structure, or combination thereof, where the estimated cost of such construction is $3,000 or more. c. Existing sewer, water and storm drain infrastructure, including laterals. d. Unobstructed visibility shall be ensured at the Pomona Boulevard property s driveway approach. e. 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. f. The demolition or relocation of any 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 Public Works Engineering Department. 48. All improvements to the City s water system shall be installed at the Developer s expense in accordance with the provisions of the City of Pomona Water Code, Construction Standards and the Federal, State and County Public Health requirements, including payment of all required plan check fees, bonds, connection fees, water meter setting fees and all additional water facilities advance payments. Public water facilities that are existing or proposed to be installed on private property must be approved by the City Engineer prior to the issuance of the building permit. 49. Prior to the issuance of the Certificate of Occupancy Applicant/Developer is responsible for installing approved Reduced Pressure Backflow Preventers (list brand and model) for all

26 PC Resolution No Pomona Blvd Page 10 of 12 water serviced to the site. Double Check Detector Assemblies are to be installed for all fire sprinkler service lines. 50. Prior to the issuance of the building permit Applicant/Developer shall meet all requirements of the Los Angeles County Fire Department (LACFD). Proof of LACFD approval is required for Site Plan sign-off and/or final water improvement plan submittal to the Public Works Department. Contact the LACFD for information at (909) Effective January 1, 2014, the City has adopted new service charges for water and sewer services. For further information on how charges are assessed, contact the City s Public Works Business Services Division at All project related trench repairs in City maintained streets shall be per City Standard A Following completion of all street/utility work, and prior to the issuance of the Certificate of Occupancy Applicant/Developer shall be required to repair all affected lanes of development street frontages to a condition as good or better as required per City Standard A The final improvement plans, as shown on the Mylar, shall be provided to the City in both hard copy and electronic in Auto CAD v and.pdf formats. 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 Auto CAD v and.pdf formats. 54. Prior to issuance of the building permit Applicant/Developer shall implement Stormwater 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 post construction. The Owner/Contractor Water Quality Compliance Statement included on page 15 of the City of Pomona Construction Site BMP Guidelines must be signed and returned to the Building & Safety Department prior to the issuance of the building permit. The Construction Site BMP Guidelines are available for download at: me%20remodel_bmps_pamphlet.pdf 55. Prior to the issuance of the Certificate of Occupancy, 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 Street Lighting and Landscaping Maintenance District. The due assessment levy will be adjusted based on the property square footage. 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. 56. 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

27 PC Resolution No Pomona Blvd Page 11 of 12 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 Any work in the public right-of-way is subject to review, approval, and permitting requirements of Public Works Department. 57. Prior to building permit issuance Applicant/Developer shall post surety bonds for all public improvements, including but not limited to: water, sewer, storm drains, street frontage pavement, sidewalk, drainage and parkway improvements, and driveway approaches. 58. 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. 59. Permittee shall pay fees associated with and possess the City of Pomona Business License. 60. 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. APPROVED AND PASSED THIS 9 th DAY OF APRIL, ATTEST: DENTON MOSIER PLANNING COMMISSION CHAIRPERSON

28 PC Resolution No Pomona Blvd Page 12 of 12 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\2766 Pomona Bl (CUP ) Reso.doc

29 ATTACHMENT 2 VICINITY MAP & AERIAL PHOTOGRAPH

30 2766 Pomona Bl Vicinity Map

31 2766 Pomona Bl Aerial Photo

32 ATTACHMENT 3 APPLICANT S PROJECT DESCRIPTION

33 Description of CUP Request: SINA Corporation is requesting to occupy an existing 1 story office/storage building (use to be a construction office) to be use as their sales office. The remaining storage area will be use to provide minor maintenance to their buses such as interior cleaning. No engine work or major engine repair will be done on site. The existing parking lot will be use as staff parking to fulfill city planning department requirements as well as providing overnight parking to their seventeen (17) tour buses. Description of Operation: SINA Corporation provides bus charter service for travel agencies. Telephone orders make up majority of the business. The remainder will be from the internet. Visitors and customers do not visit the office at all. Office hours will be from 9 am to 6 pm, Monday through Friday. The offices will have a total of five (5) office staff during business hours. The yard will be used for overnight parking. The maintenance shop at the back of the office will be for routine cleaning of the interior of the buses. Engine repair and/or washing of buses will not be done at this site.

34 ATTACHMENT 4 PROJECT PLAN REDUCTIONS (8 ½ X 11 )

35

36 ATTACHMENT FOOT RADIUS MAP AND PUBLIC HEARING NOTICE

37

38

39 ATTACHMENT 6 SITE PHOTOGRAPHS

40 April 2014 Front of Property Front Elevation of Target Building Front Elevation of Ross Tenant Space Bus Storage Area

41 Existing Building

42 ATTACHMENT 7 FULL SIZE PROJECT PLANS (SEPARATE COVER)

43

44 CITY OF POMONA PLANNING COMMISSION REPORT DATE: April 9, 2014 TO: FROM: Chairman and Members of the Planning Commission Planning Division SUBJECT: CONDITIONAL USE PERMIT (CUP ): A request for a Conditional Use Permit (CUP ) to allow the sale of alcoholic beverages (on-sale beer and wine Type 41 ABC license) for on-site consumption in conjunction with an existing fast food restaurant (Chipotle Mexican Grill) located at 785 Rio Rancho Road, Suite 300 in the C-4 (Highway Commercial) zone. STAFF RECOMMENDATION The Planning Division recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Conditional Use Permit (CUP ), subject to conditions. PROJECT/APPLICANT INFORMATION Project Location: 785 Rio Rancho Road, Suite 300 APN Information: Project Applicant: Chipotle Mexican Grill Property Owners: LCD Rio Rancho Towne Center, LLC CC District: District # 2 Historic/CBD: Not Applicable Specific Plan: Not Applicable PROJECT DESCRIPTION The applicant, Chipotle Mexican Grill (Chipotle), is requesting a Conditional Use Permit (CUP ) to allow the sale of alcoholic beverages (on-sale beer and wine Type 41 ABC license) for on-site consumption in conjunction with an existing fast food restaurant. The restaurant occupies a 1,802 square foot tenant space within a stand-alone 5,007 square foot multi-tenant building on a 20,950 square foot (.49 acre) parcel within the Rio Rancho Towne Center in the C-4 (Highway Commercial) zone (Attachment 2). City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

45 CUP Rio Rancho Rd., Suite 300 Page 2 of 7 Chipotle is a national chain of fast food restaurants with numerous locations in the greater Los Angeles metropolitan area. The majority of restaurants serve beer and/or wine, including the four closest locations to subject site in the cities of La Verne, Chino Hills, San Dimas, and the City of Industry. The restaurant will be open from 11:00am to 10:00pm seven days a week. The applicant anticipates having a total of twenty-five employees with approximately twelve employees on the premises during any given shift. No changes to the interior or exterior of the buildings or the property are proposed. The restaurant has an interior floor area of 1,802 square feet and is comprised of a main dining area, kitchen and utility areas (Attachment 3). Furthermore, there is approximately 544 square feet of outdoor dining space located in a patio area adjacent to the tenant space. Chipotle is designed to operate as a bona-fide fast food restaurant and as such there will be no bar provided, dancing or entertainment of any kind within the establishment. The main dining area consists of approximately 1,802 square feet with 568 square feet of interior dining area and 544 square feet of outdoor dining area and is characterized by an open floor plan, a service counter, tables and chairs for dining. The applicant is proposing to store the alcohol within a cooler area behind the service counter. Alcohol will be consumed by patrons both within the interior dining area and the outdoor dining patio area. All orders of alcoholic beverages will be served by restaurant employees (waiters/waitresses), with no direct access by patrons. Applicable Code Sections Section.580.J and of the Zoning Ordinance establishes criteria for approval of a Conditional Use Permit for the on-sale of alcoholic beverages in conjunction with a bona-fide restaurant. The requirements for approval of on-sale alcohol sales are: 1) Off Street Parking: Provide one off street parking space per 100 square feet of gross floor area (of alcohol sales). 2) Parking Lot: parking lots, including landscaping and lighting, shall be installed and maintained per city standards. 3) Area Compatibility: The proposed on-sale liquor establishment shall be compatible with existing development in the area. 4) Proximity: the proposed location shall be sufficiently removed from any existing residential development or zoning and any church, school, park, or playground so as not to be detrimental to that use. Surrounding Land Use Information The properties to the northeast, northwest, southeast and southwest of the subject site are within the C-4 (Highway Commercial) zone. The following table summarizes the surrounding land uses, zoning and general plan designations for Planning Commission consideration. City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

46 CUP Rio Rancho Rd., Suite 300 Page 3 of 7 Land Use Summary Table Existing Land Use Zoning Designation General Plan Designation Subject Site Retail C-4 Transit Oriented District: Neighborhood East Retail (Target) C-4 Transit Oriented District: Neighborhood North Retail C-4 Transit Oriented District: Neighborhood South Retail (Service Station) C-4 Transit Oriented District: Neighborhood West Vacant (proposed retail) ZONING COMPLIANCE ANALYSIS ABC Census Tract Information C-4 Transit Oriented District: Core According to the guidelines established by the State Department of Alcoholic Beverage Control (ABC), a total of six on-sale licenses are allowed in the subject Census Tract No before the tract is deemed to have undue concentration. The population of the Census Tract determines the number of licenses permitted. Currently, there is one establishment with on-sale alcohol licenses in the subject Census Tract. Thus, the existing number of on-sale licenses is not currently above the maximum permitted in the Census Tract, and will not create an undue concentration. The approval of an additional on-sale alcohol license would add a second license, which is below the number of allowed on-sale licenses in the census tract. The following table summarizes the concentration of on-sale ABC licenses in Census Tract No and the adjoining Census Tract No to the west. A map showing the number and location of all active on-sale ABC licenses within the two Census Tracts is provided for Commission consideration (Attachment 4). ABC Data on Alcohol Licenses in Census Tracts Existing Licenses Allowed Licenses Subject Census Tract Adjoining Census Tract (East) 4030 On-sale On-sale City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

47 CUP Rio Rancho Rd., Suite 300 Page 4 of 7 Police Department Review The Pomona Police Department has reviewed the proposed application for the sale of alcohol (on-sale beer and wine) at the existing restaurant. As part of the Police Department s review, they considered both the concentration of alcohol licenses and crime data. The subject site is located in Police Reporting District No. 83, which is not classified as a high crime district according to figures provided by the Police Department. In 2013, the District experienced a total of 125 Part I Offenses and Part II Arrests. The threshold for designating a district high crime is 160 crimes. Crime statistics for the subject reporting district, and adjacent reporting districts are provided in the following table. A map showing location of Police Reporting District No. 83 and adjacent districts is provided for Commission consideration (Attachment 5). Census Tract Census Tract (West) 4030 * Indicates High Crime Area Police Reporting District Data Police Reporting District Part I Offenses and II Arrests (2013) * The State Department of ABC defines undue concentration if either threshold of license number is exceeded or the crime reporting district is defined as high crime. In this case the subject police reporting district is not considered high crime and the number of existing on-sale ABC licenses, including the proposed, would not exceed the maximum allowed for the census tract. ISSUE ANALYSIS Issue 1: General Plan/Land Use The General Plan land use map designates the subject project as Transit Oriented District: Neighborhood. Furthermore, the design of the project will create an aesthetically pleasing development, which is consistent with the following planning approach for the Activity Centers Strategic Action Area of the General Plan: Retain existing neighborhood centers and the Downtown retail core and support their intensification and mix; encourage the eventual transition of properties to greater land use efficiency and mixture of complementary uses; restructure areas in strategic locations to accommodate new or renovated regional retail centers. Furthermore, the proposed use is consistent with the following General Plan goal (7A.G2): Promote a balanced mix of uses throughout the city than can be part of an integrated and sustainable local economy that supports harmonious diversity and prosperity. City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

48 CUP Rio Rancho Rd., Suite 300 Page 5 of 7 Therefore, approval of the proposed Conditional Use Permit to allow the on-sale of alcoholic beverages in conjunction with a restaurant would contribute to the diversification of the City s economy and promote an increase mix of uses. Issue 2: Zoning Ordinance Compliance Staff has evaluated the proposed project and has determined that the proposed use is in compliance with the C-4 (Highway Commercial) zone. The proposed on-sale alcohol (beer and wine Type 41 ABC license) in conjunction with an existing bona fide restaurant is a conditionally permitted use within the C-4 zone. The proposed project conforms to the Zoning Ordinance, and as a result, the granting of this Conditional Use Permit, subject to conditions, will not adversely affect the Zoning Ordinance. Issue 3: Sensitive Uses Pursuant to Zoning Ordinance Section.5809, the subject site should be sufficiently removed from sensitive uses so that the proposed alcohol sales will not to be detrimental to these uses. Sensitive uses including, residential neighborhoods, schools, churches and parks, have been evaluated in the area. The following tables (next page) delineate the distance between the restaurant and neighboring sensitive uses: Residential Single family Multi family Schools Lexington Elementary Garey High School Fremont Middle School Philadelphia Elementary Decker Elementary Parks MLK Jr. Memorial Park Powers Park Phillips Ranch Park Philadelphia Park Distance from restaurant 771 (southeast) 1,217 (west) 1,244 (north) 1,009 (east) Distance from restaurant.17 miles (north).34 miles (northeast).49 miles (north).68 miles (east).78 miles (northwest) Distance from restaurant.17 miles (north).25 miles (south).78 miles (west).81 miles (east) City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

49 CUP Rio Rancho Rd., Suite 300 Page 6 of 7 Churches South Hills Presbyterian Church Mt. Zion Baptist Church Primm African Methodist Church Pomona Tongan Methodist Church Distance from restaurant.75 miles (northwest).76 miles (northwest).96 miles (northeast) 1.13 miles (east) The proposed use is sufficiently removed from sensitive uses so that the proposed alcohol sales will not to be detrimental to these uses. In addition, the potential for detrimental impacts will be further reduced because alcohol will be served in a controlled environment. Furthermore, the onsale license, as conditioned, is not expected to have a detrimental effect on the immediate area. A map showing location of sensitive uses adjacent to the subject site is provided for Commission consideration (Attachment 6). 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 determined that the project falls under Article 19, Section (Existing Facilities), because the proposed project consist of a negligible expansion of use for an existing building. PUBLIC COMMUNICATIONS A copy of the public hearing notice was published on March 31, 2014 in the Inland Valley Daily Bulletin and was sent to the owners and occupants of properties within a 400-foot radius of the subject site on March 28, 2014 (Attachment 7). As of the date of this staff report, staff has not received any correspondence either supporting or opposing the proposed project. CONCLUSION The proposal is consistent with the allowed uses and development standards of the C-4 (Highway Commercial) zone. Based on staff s analysis of the issues, the on-sale alcohol, as conditioned, will be compatible with the adjacent land uses and will not result in any adverse impacts to the surrounding area with the recommended operating conditions. RECOMMENDATION: The Planning Division recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Conditional Use Permit (CUP ), subject to conditions. City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

50 CUP Rio Rancho Rd., Suite 300 Page 7 of 7 Respectfully Submitted By: Prepared By: Brad Johnson Planning Manager Leonard Bechet Assistant Planner ATTACHMENTS: 1) Draft PC Resolution 2) Location Map & Aerial Photograph 3) Project Plans Reductions (8-1/2 x 11 ) 4) Exhibit of On-sale ABC licenses in Census Tracts & and ABC License Type Description 5) Exhibit of Police Reporting Districts 6) Exhibit of Sensitive Uses 7) 400-foot Radius Map & Public Hearing Notice 8) Site Photographs Submitted by the Applicant 9) Full Size Project Plans (Separate Cover) I:\Economic Development\Planning\Master Planning\PLANNING COMMISSION\Staff Reports\Conditional Use Permit\785 Rio Rancho Rd. (CUP ).doc City of Pomona Planning Division Planning Commission Meeting of April 9, 2014

51 ATTACHMENT 1 DRAFT PC RESOLUTION

52 PC RESOLUTION NO. 14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF POMONA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP ) TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (ON-SALE BEER AND WINE TYPE 41 ABC LICENSE) FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH AN EXISTING FAST FOOD RESTAURANT (CHIPOTLE MEXICAN GRILL) IN THE C-4 (HIGHWAY COMMERCIAL) ZONE LOCATED AT 785 RIO RANCHO ROAD, SUITE 300. WHEREAS, the applicant, Chipotle Mexican Grill, has filed an application for Conditional Use Permit (CUP ) to allow the sale of alcoholic beverages (on-sale beer and wine Type 41 ABC license) for on-site consumption in conjunction with an existing fast food restaurant (Chipotle Mexican Grill) located at 785 Rio Rancho Road, Suite 300; zone; WHEREAS, the subject site is currently located within the C-4 (Highway Commercial) WHEREAS, the subject site is currently designated Transit Oriented District: Neighborhood by the City s General Plan; WHEREAS, the approval of a conditional use permit by the Planning Commission is required for the on-sale of alcoholic beverages, pursuant to Section.580 of the Pomona Zoning Ordinance; WHEREAS, the Planning Commission of the City of Pomona has, after giving notice thereof as required by law held a public hearing on April 9, 2014, concerning the requested Conditional Use Permit (CUP ); and WHEREAS, the Planning Commission has carefully considered all pertinent testimony, the recommendation of the Planning Division staff and the staff report offered in the case as presented at said noticed 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 15301, Class 1 (Existing Facilities) in that the action involves the licensing and minor alteration of an existing building for the proposed use. 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

53 PC Resolution No. 14- CUP Rio Rancho Ave., Suite 300 Page 2 of 8 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.580.B of the Zoning Ordinance, the Planning Commission must make findings in order to approve Conditional Use Permit (CUP ). 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. That the proposed use at the particular location will contribute to the general well being of the neighborhood or community. The sale of alcoholic beverages (on-sale beer and wine Type 41 ABC license) for on-site consumption will enhance the existing restaurant by providing a service and convenience to the public. The sale of alcohol will be incidental to the primary use, which is a bona fide fast food restaurant. Furthermore, the addition of alcohol to the services provided will help ensure the economic viability of the restaurant use, thus increasing the likelihood that the business will continue operating and providing dining opportunities to local residents. The on-sale (beer and wine Type 41) alcohol license will not negatively affect the general welfare of the neighborhood. 2. That such use will, under the circumstances of the particular case, not 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. As conditioned, the applicant s request will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity since the project is in substantial conformance with the development standards and use requirements of the Pomona Zoning Ordinance. Based on the proposed project, it is not anticipated that the configuration of the site or activities associated with the use will generate noise or other impacts that will be detrimental. To this end, a condition has been included that prohibits any sound that exceeds the City noise ordinance standards. The project will not be detrimental to the use, valuation, and enjoyment of property and improvements in the vicinity since the subject site is located within a commercial area with uses compatible to those proposed. 3. That the site for 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 in the neighborhood. The subject site (approximately.49 acres) and the restaurant (approximately 1,802 squarefoot premise area) is sufficient enough in size to accommodate all of the development standards of the C-4 (Highway Commercial) zone, such as setbacks, parking, walls/fences,

54 PC Resolution No. 14- CUP Rio Rancho Ave., Suite 300 Page 3 of 8 landscaping, and signage. 4. The site abuts streets and highways adequate in width and improvements to carry traffic generations by the proposed use. The subject site takes access from Rio Rancho Road, a major arterial street with two lanes for each direction going east and westbound, that is capable of handling any additional vehicle trips 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. Granting of the permit will not adversely affect the General Plan of the City in that the proposed on-sale alcohol (beer and wine) use will add to the mix of services provided at the shopping center, and would be consistent with the intent of the General Plan s Transit Oriented District: Neighborhood place type. Furthermore, the proposed use is consistent with the following General Plan goal (7A.G2): Promote a balanced mix of uses throughout the city than can be part of an integrated and sustainable local economy that supports harmonious diversity and prosperity. SECTION 4. Based upon the above findings, the Planning Commission hereby approves Conditional Use Permit (CUP ) 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: PLANNING 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 Planning Commission on April 9, 2014, and as illustrated in the stamped approved plans dated April 9, 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 if the privilege authorized is not utilized within one (1) year from the date of this approval (April 9, 2015), in accordance with Pomona Zoning Ordinance section.580.i. The Planning Commission may extend this period for one (1) year

55 PC Resolution No. 14- CUP Rio Rancho Ave., Suite 300 Page 4 of 8 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 (20) 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 four hundred 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 applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 5. 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. 6. 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

56 PC Resolution No. 14- CUP Rio Rancho Ave., Suite 300 Page 5 of 8 building to minimize the disparity, subject to the approval of the Planning Manager. 7. No temporary signs relating to any activity on the premise shall be placed or allowed to remain within landscape areas, public right-of-way areas adjacent to the subject site (e.g. telephone poles, traffic signs, and city trees) or other portions on the exterior of the building. The only temporary signs allowed shall be properly permitted banner signs by permit per the City s sign ordinance. Signs placed in any window of the premises shall comply with the City s sign ordinance, and all other conditions under this Conditional use Permit. 8. The property owner shall provide regular maintenance and cleaning of all exterior walkways, patios, canopies, sidewalks, and landscaped parkways in compliance with Pomona City Code There shall be adequate lighting around the property at all times (minimum of 1 foot-candle). This shall be done in such a fashion that persons standing outdoors at night are easily identifiable by law enforcement personnel. Lighting shall be screened so that no spillover occurs onto the adjacent properties. 10. Before issuance of a zoning clearance and business license, the applicant and any successor in interest shall sign a certificate of compliance stating that: a) They have read and understand all the conditions of approval applicable to their project; b) That they are familiar with the daily operations of the use; and c) That the use will operate in compliance with the conditions of approval. Operational Conditions 11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The Applicant or other person issued an ABC license for the Premises ( Licensee ) shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept on a quarterly basis, and shall be provided to City officials upon request. 12. The establishment is limited to operating between 11:00am and 10:00 pm, seven days a week. 13. Any and all alcohol sales shall be limited to beer and wine. 14. No display or sale of alcohol shall be made from an ice tub. 15. The establishment shall be operated as a bona fide public eating place as defined by the

57 PC Resolution No. 14- CUP Rio Rancho Ave., Suite 300 Page 6 of 8 Business and Profession Code Section All other uses shall be ancillary to the restaurant. 16. At all times when the premises is open for business the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 17. Within the licensed premise, there shall be no bar or lounge area maintained solely for the purpose of sale, service, or consumption of alcoholic beverages. 18. The employees who sell or serve alcoholic beverages shall be required to complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence. All new employees shall be required to complete Licensee Education on Alcohol and Drugs training that is provided by the California Department of Alcohol and Beverage Control within thirty (30) days of hire. All restaurant employees serving alcohol must be 18 years or older. Employees engaged in serving alcohol inside the bar area must be 21 years of age or older. 19. All interior window signage and exterior signage of any kind, which advertises the sale or availability of alcohol, shall be prohibited. 20. The applicant shall post no alcoholic beverages beyond this point signs near the outdoor dining area exit, subject to the review and approval of the Planning Division. 21. No signs or objects shall be placed on the restaurant entry/exit door that will obstruct visibility of the outdoor dining area. 22. Sales and service of alcoholic beverages under the on-sale privileged of the license shall be restricted to the confines of the building and outside patio area as shown on the approved project plans dated April 9, Patrons shall not be allowed to bring into the location any alcoholic beverage to be consumed within the establishment. 24. The Applicant or licensee shall not employ or permit any persons to solicit or encourage any customer, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage salary, or other profit sharing plan, scheme or conspiracy. 25. No alcohol may be sold on the premises and removed from the establishment for consumption. 26. At no time shall persons appearing to be intoxicated or under the influence of controlled substances be allowed within the premise area of the restaurant, including the outdoor patio.

58 PC Resolution No. 14- CUP Rio Rancho Ave., Suite 300 Page 7 of No sales to obviously intoxicated patrons shall be allowed. 28. No sales of alcoholic beverages to minors shall be allowed. 29. All crimes occurring inside and outside of the location shall be reported to the Police Department at the time of the occurrence. 30. At anytime when the licensee is absent from the premises, a responsible party shall be designated who can respond to any inquiries from City officials. 31. In January of each year, the business shall provide a list of no less than three employees, who can be contacted 24 hours a day, to the Pomona Police Department s Records Bureau. The list of names will be used to facilitate a Police response to the location in the event of an emergency or other problem that requires entry into the location during non-business hours. 32. There shall be no pay telephones installed within the enclosed portion of the premises equipped to receive incoming calls. There shall be no new pay phones of any kind installed on the exterior of the premises. 33. The applicant shall not offer, permit, or provide any type of entertainment (e.g. live entertainment and Disc Jockey); unless the Conditional Use Permit is modified through the review and approval of the Planning Commission at a public hearing. 34. Nightclub, dance club, dancing or other similar activities shall be prohibited within the premise area at any time. 35. Music shall be limited to Non-DJ pre-recorded background music (i.e., soft, ambient music). 36. There shall be no activity conducted on the subject site that exceeds the noise and vibration parameters of Pomona City Code Section , et seq., and City Council Ordinance No at any time, or such other ordinance enacted related to noise and vibration. SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk. APPROVED AND PASSED THIS 9 th DAY OF APRIL, DENTON MOSIER PLANNING COMMISSION CHAIRPERSON

59 PC Resolution No. 14- CUP Rio Rancho Ave., Suite 300 Page 8 of 8 ATTEST: 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\785 Rio Rancho Road (CUP ) Reso.doc

60 ATTACHMENT 2 LOCATION MAP & AERIAL PHOTOGRAPH

61 Location Map & Aerial Photograph 785 Rio Rancho Road, Suite 300

62 ATTACHMENT 3 PROJECT PLANS REDUTIONS (8½ x 11 )

63 FIRE DEPARTMENT NOTES ABBREVIATIONS ANY WALK-IN REFRIGERATORS AND FREEZERS SHALL HAVE FIRE SPRINKLER COVERAGE WITHIN THE UNITS AND ABOVE THE UNITS. EXIT SIGNS MUST BE INTERNALLY ILLUMINATED. (CFC SEC & CBC (N) C L NEW CONSTRUCTION OR EQUIPMENT EXISTING CONSTRUCTION OR EQUIPMENT AT CENTER LINE DIAMETER OR ROUND PROVIDE TWO SEPARATE SOURCES OF POWER FOR EXIT SIGNS CONFORMING TO CBC & CFC THE MEANS OF EGRESS INCLUDING THE EXIT DISCHARGE SHALL BE ILLUMINATED AT ALL TIMES. THE EGRESS ILLUMINATION LEVEL SHALL BE 1 FOOTCANDLE (MIN.) & THE MEANS OF ILLUMINATION SHALL BE PROVIDED WITH A 90 MINUTE EMERGENCY BACK-UP POWER SUPPLY SOURCE. (CBC 1006) PROVIDE A MINIMUM OF ONE 2AIOBC CLASSIFICATION FIRE EXTINGUISHER WITHIN 75 FEET TRAVEL DISTANCE FOR EACH 6,000 SQUARE FEET, OR PORTION THEREOF, ON EACH FLOOR (CBC 906) COMPLETE PLANS & SPECIFICATIONS FOR FIRE EXTINGUISHING SYSTEMS, INCLUDING AUTOMATIC SPRINKLERS & WET & DRY STANDPIPES, HALON SYSTEMS & OTHER SPECIAL TYPES OF AUTOMATIC FIRE EXTINGUISHING SYSTEMS, BASEMENT PIPE INLETS & OTHER FIRE PROTECTION SYSTEMS & APPURTENANCES THERETO SHALL BE SUBMITTED TO FIRE & LIFE SAFETY FOR REVIEW & APPROVAL PRIOR TO INSTALLATION (CFC 901.2) BUILDINGS UNDERGOING CONSTRUCTION, ALTERATION OR DEMOLITION SHALL BE IN ACCORDANCE WITH CFC CHAPTER 14 (CFC ) ADDRESSES SHALL BE PROVIDED FOR ALL NEW & EXISTING BUILDINGS IN A POSITION AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY (CFC 505.1, FHPS P-00-6) DECORATIVE MATERIALS SHALL BE MAINTAINED IN A FLAME RETARDANT CONDITION. (TITLE 19, SECTION 3.08, 3.21, CFC 804, 806, 807) 10. FIRE EXTINGUISHING SYSTEMS SHALL BE INSTALLED IN ACCORDANCE WITH CFC 903 AND COMPLY WITH STANDARDS OF ALL VALVES CONTROLLING THE WATER SUPPLY FOR AUTOMATIC SPRINKLER SYSTEMS AND WATER FLOW SWITCHES ON ALL SPRINKLER SYSTEMS SHALL BE ELECTRICALLY MONITORED WHERE THE NUMBER OF SPRINKLER IS 20 OR MORE (CFC 903.4) 12. INSTALLATION OF FIRE ALARM SYSTEMS SHALL BE IN ACCORDANCE WITH CFC COMPLETE PLANS & SPECIFICATIONS FOR FIRE ALARM SYSTEMS SHALL BE SUBMITTED TO FIRE & LIFE SAFETY FOR REVIEW & APPROVAL PRIOR TO INSTALLATION. (CFC 907.1) 14. AN APPROVED AUDIBLE SPRINKLER FLOW ALARM SHALL BE PROVIDED ON THE EXTERIOR OF THE BUILDING IN AN APPROVED LOCATION (CFC ) 15. APPROVED AUTOMATIC FIRE EXTINGUISHING SYSTEM SHALL BE PROVIDED FOR THE PROTECTION OF COMMERCIAL-TYPE COOKING EQUIPMENT SPECIAL INSPECTION 1. SUSPENDED CEILING 2. EPOXY ANCHORS SPECIAL INSPECTION AGENCY: NINYO & MOORE 5710 RUFFIN RD. SAN DIEGO CA (858) ATTN. RON HOLBERT deferred submittals 1. FIRE SPRINKLER 2. FIRE ALARM FIRE DEPARTMENT NOTES: 1. CHANGES TO NFPA 13 FIRE SPRINKLER SYSTEM. 2. CHANGES TO NFPA 72 FIRE SPRINKLER MONITORING SYSTEM. 3. TYPE I UL 300 COMMERCIAL KITCHEN HOOD SUPPRESSION SYSTEM (S). AFF ALUM ARCH AS ASS BD BLDG CMU CO2 CS DIM EQ ELEC ELEV EXT EA EL FRP FRT GYP GC GALV GA HS HVAC INT MECH MAX MIN MISC MFR MSS NO N.I.C. OSB OC PHS PVC POS PREP R RTU SIM SPS SS SSS STR T T.B.D. TAB TCC TES THS TLS TMB TMS TP TRS TSV TYP UPS VAR W/ WA WCS WS ABOVE FINISH FLOOR ALUMINUM ARCHITECT(URAL) ART & CHAIRS SUPPLIER ALARM SYSTEM SUPPLIER BOARD BUILDING CONCRETE MASONRY UNIT CO2 SUPPLIER CHEMICAL SUPPLIER DIMENSION(S) EQUAL ELECTRIC(AL) ELEVATION EXTERIOR EACH ELEVATION (VERTICAL HEIGHT) FIBERGLASS REINFORCED PANEL FIRE RETARDANT-TREATED GYPSUM GENERAL CONTRACTOR GALVANIZED GAUGE HOOD SUPPLIER HEATING AND VENTILATING INTERIOR MECHANICAL MAXIMUM MINIMUM MISCELLANEOUS MANUFACTURER MUSIC SYSTEM SUPPLIER NUMBER NOT IN CONTRACT ORIENTED STRAND BOARD ON CENTER PHOTOGRAPHY SUPPLIER POLYVINYL CHLORIDE POINT OF SALE PREPARATION RADIUS ROOF TOP UNITS SIMILAR SODA POP SUPPLIER SUPPORT SIGNAGE CTV STRUCTURE TENANT TO BE DETERMINED, SEE REFERENCE MANUAL TENANT'S TEST AND BALANCE VENDOR TENANT'S CABLING CONTRACTOR TENANT'S KITCHEN EQUIPMENT SUPPLIER TENANT'S HARDWARE SUPPLIER TENANT'S LIGHT/ LAMP SUPPLIER TENANT'S MENU BOARD SUPPLIER TENANT'S MILLWORK SUPPLIER TENANT'S PHONE SUPPLIER TENANT'S RAILING SUPPLIER TENANT'S SIGN VENDOR TYPICAL UNINTERRUPTED POWER SUPPLY VARIES WITH WASHROOM ACCESSORIES TENANT'S WALK-IN COOLER SUPPLIER TENANT'S WINDOW SHADE SUPPLIER DOOR NUMBER WINDOW TYPE KITCHEN EQUIPMENT NUMBER ROOM/SPACE NUMBER FURNITURE NUMBER MISCELLANEOUS EQUIPMENT NUMBER CODE AUTHORITIES BUILDING CODE PLUMBING CODE MECHANICAL CODE ELECTRICAL CODE FIRE CODE HEALTH CODE ENERGY CODE ACCESSIBILITY CODE Planning & Zoning Dept. Building Dept. Fire Department Health Dept. Waste Water, Sewer Electrical Service Gas Service Telephone Service 2010 CALIFORNIA BUILDING CODE W/SOL AMENDMENTS 2010 CALIFORNIA PLUMBING CODE W/SOL AMENDMENTS 2010 CALIFORNIA MECHANICAL CODE W/SOL AMENDMENTS 2010 CALIFORNIA ELECTRICAL CODE W/SOL AMENDMENTS 2010 CALIFORNIA FIRE CODE 2010 CALIFORNIA FOOD CODE 2010 CALIFORNIA ENERGY CODE W/SOL AMENDMENTS 2010 CAL GREEN ENERGY CODE REQUIREMENTS 2010 CALIFORNIA BUILDING CODE ADAAG City of Pomona Planning Division 505 S. Garey Ave., Ca. P.O. Box 660, Pomona, Ca Contact: Luis Rocha Tel.: (909) City of Pomona Building Division 505 S. Garey Ave., Ca. P.O. Box 660, Pomona, Ca Contact: Monica Ornela Tel.: (909) Pomona Fire Administration 590 S. Park Ave., Ca. Pomona, Ca Tel.: (909) Contact: Route through Building Dept County of Los Angeles Environmental Health Services 5050 Commerce Dr. Baldwin Park, CA Contact: T.B.D. Tel.: (626) City of Pomona Public Works Department 505 S. Garey Ave., Ca. P.O. Box 660, Pomona, Ca Contact: Carmen Barsu Tel.: (909) Southern California Edison 1351 E. Francis Street Ontario, Ca Contact: - Tel.: (909) Southern California Gas Company th Street Chino, Ca Contact: - Tel.: (909) AT&T Business Installation Tel.: (909) ALLOWABLE AREA (MIXED USE SEPARATED): ALLOWABLE AREA W/ FRONTAGE INCREASE: ACTUAL AREA: TENANT LEASE AREA: 6. OCCUPANCY GROUP: OCCUPANCY SEPARATION: TYPE OF CONSTRUCTION: ALLOWABLE NO. OF STORIES: ACTUAL NO. OF STORIES: ALLOWABLE BUILDING HEIGHT: ACTUAL BUILDING HEIGHT: OCCUPANT LOAD, TENANT SPACE: KITCHEN-COMMERCIAL: DINING ROOM AND CIRCULATION: TOILET ROOMS AND CIRCULATION: PATIO: TOTAL OCCUPANT LOAD: SEATING: INTERIOR: PATIO: TOTAL: MEANS OF EGRESS: FIRE SPRINKLERS: STORE # 2269 Rio Rancho Towne Center, Shop3 785 RIO RANCHO ROAD, SUITE 300, POMONA, Ca A-2 / B/ M 1-HOUR REQUIRED; 1-HOUR PROVIDED 2. ZONE: CH HIGHWAY COMMERCIAL ZONE 3. APN: , 018, 914 TYPE V-B A-2 27,480 S.F. 5,008 S.F. 1,802 S.F '-0" MAXIMUM HEIGHT APPROXIMATELY 26'-0" 37 SEATS 20 SEATS 57 SEATS TWO REQUIRED, TWO PROVIDED YES PLUMBING FIXTURES: WATER CLOSETS LAVATORIES URINALS REQ'D PROV'D REQ'D PROV'D REQ'D PROV'D MEN'S: WOMEN'S: NUMBER OF EMPLOYEES PER SHIFT (8 HRS): SCOPE OF WORK (2) MANAGER (7-10) SHIFT WORKERS TENANT INTERIOR AND EXTERIOR ALTERATION TO AN EXISTING SHELL BUILDING GROUP TENANT USE PREVIOUS USE: N/A - PROPOSED USE: CHIPOTLE MEXICAN GRILL B DRAWING INDEX AND REVISIONS X X X X X X X X X X X X X X X X X X X X WASHROOM & KITCHEN ACCESSORIES NUMBER REFERENCE WALL TYPE SECTION/DETAIL WALL SECTION ELEVATION REFERENCE DETAIL REFERENCE RIO RANCHO ROAD PROJECT INFORMATION LANDLORD: X X X X LCD Rio Rancho Towne Center 20 N. Raymond Ave. Suite 300 Pasadena, Ca Contact: Ielen Sarkisian Ielen.sarkisian@sdacre.com Tel.: (626) Fax: ARCHITECT: J.C. Marvick & Associates, INC Capital Street, suite 102 Corona, Ca Contact: Chuck Marvick jcmarvick@sbcglobal.net Tel.: (951) Fax: (951) STRUCTURAL: DRAWING TITLE W/ NORTH ELEVATION NOTE REVISION NUMBER RANCHO VALLEY DRIVE PROJECT SITE ENERGY ENGINEER Advance Title E. Chapman Ave., Suite 101 Fullerton, CA Contact: Efrain Olivas Website: Tel.: (714) Fax: (714) TENANT: Chipotle Mexican Grill 1401 Wynkoop Street, Suite 500 Denver, CO Contact: Julie Taylor j.taylor@chipotle.com Tel.: (303) Fax: (303) MECHANICAL ELECTRICAL PLUMBING: National Engineering 784 Morrison Road Columbus, OH Contact: Rich Jones rjones@nationalengineering.com Tel.: (614) Fax: (614) A 000a

64 GENERAL NOTES 1. NEW CONSTRUCTION 2x4 METAL STUD 2X6 METAL STUD 1 4" P95 MATTE PLEXI GLASS 1 1 2" RAISED LETTERS (SILVER) GRADE #2 BRAILLE "EXIT" EXISTING CONSTRUCTION SOUND BATT INSULATION WALK-IN COOLER LOW WALL NOTE ALL DIMENSIONS ARE TO FACE OF FRAMING, OR CENTERLINE OF STRUCTURE UNLESS NOTED OTHERWISE. ALCOH0L STORAGE 3. DASHED CIRCLE IN RESTROOMS INDICATES 5'-0" TURNING DIAMETER REQUIRED BY ADA. 4. REFER TO WALL FINISH SCHEDULE ON A STUD SIZES AS INDICATED ON PLAN 6. INTERIOR DOORS ARE 4" OFF OF PERPENDICULAR WALL UNLESS ADJACENT TO AC PLYWOOD FINISH, THEN FRAME SHOULD BE HELD 1/2" OFF ADJACENT WALL. (N) 5/8" TYP. X GYP.BD. (N) 2x4 FLAT STUD FURRING 9'-0" VERIFY (E) STOREFRONT (E) 5/8" TYP. X GYP.BD. TO BE REMOVED AND REPLACE WITH 5/8" TYP. X GYP. BD. TO FURRING ALCOHOL STORAGE 7. NEW SIGN INDICATION NUMBER OF ROOM OCCUPANTS PERMITTED.THE SIGN SHALL BE DURABLE AND HAVE CONTRASTING COLOR FROM THE BACKGROUND. SIGN SHALL READ: "MAXIMUM OCCUPANT LOAD: PERSONS". 8. SEE SHEET A125 FOR ADDITIONAL SHEATHING BEHIND CERTAIN WALL FINISHES. 9. SEE A117 FOR STOREFRONT. 10. TACTILE EXIT SIGNAGE (TYP.) AT EACH EXIT DOOR. 11. TENANT'S G.C. TO FRAME ENTIRE BOX TO HOLD DIMENSIONS NOTED ON THIS PLAN. ANY VARIATION DUE TO FIELD CONDITIONS SHALL BE BOUGHT TO CHIPOTLE MEXICAN GRILL'S CM AND ARCHITECT IMMEDIATELY TO ASSURE ACCURATE DIMENSIONS FOR PREPARATION OF SHOP DRAWINGS. FAILURE TO ADHERE TO THESE REQUIREMENTS RESULTING IN ANY REMEDIATION REQUIRED TO MEET DESIGN INTENT WILL BE AT CONTRACTOR'S COST. 12. ALL DIMENSIONS ARE TO BE HELD PER DRAWING UNLESS NOTED OTHERWISE. CONTACT CHIPOTLE CM OR ARCHITECT IF DISCREPANCY IS REQUIRED DUE TO AS-BUILT CONDITIONS. 13. PROVIDE FULL HEIGHT BLOCKING IN WALL FOR ALL SHELVING. TYP. +34" MAX A.F.F. COUNTERTOP LINE OF SOFFIT ABOVE LINE OF SOFFIT ABOVE VACANT- NOT A PART (E) ROOF SHEATHING 14. (E) 12" ADDRESS NUMERALS ON THE STREET SIDE. ADDRESS NUMERALS SHALL BE A COLOR CONTRASTING TO THE BACKGROUND. NUMERALS TO BE LOCATED SO THEY ARE CLEARLY VISIBLE FROM THE MAIN FIRE DEPT. ACCESS. NUMERALS TO BE AUTOMATICALLY ILLUMINATED WITH GOOSENECK TYPE LIGHTS OR EQUAL TO. SEE ELEVATION FOR LOCATION (E) 2x4 SUB-PURLINS 2x4 FLAT STUD THIS WALL UTENSIL COUNTER BY MILLWORK SUPPLIER, PROVIDE 18" HIGH BAND OF BLOCKING LINE OF SOFFIT ABOVE ADD BLOCKING AND 5/8" GYP.BD. TO ROOF SHT'G. 16'-3" TO 18'-6" ROOF SHT'G. (E) CONDUIT TO REMAIN. NOTCH (N) STUD IF REQUIRED TO GET O/ CONDUIT. (N) 6" HORIZONTAL STRIP OF TYP. X GYP.BD. FURRING O/ (E) STUD FRAMING (E) INSULATION ADD BLOCKING AND 5/8" GYP.BD. TO ROOF SHT'G. INSULATION WHERE OCCURS. (N) 5 8" TYPE X GYP. BOARD BOTH SIDES (E) SIMP. TRUSS SLIP CLIP 12'-0" VERIFY (E) GYP. BOARD 2x6 16" O.C. 5/8" TYP. X GYP.BD (E) 5/8" TYP. X GYP.BD. O/ STUD FRAMING (N) 5/8" TYP. X GYP.BD. O/ STUD FRAMING NOTE 10 2x4 FLAT STUD THIS WALL (E) 2x STUDS TO REMAIN (N) 2x4 FLAT STUD FURRING (E) INSULATION WHERE OCCURS. INTERNATIONAL SYMBOL OF ACCESSIBILITY; SEE SIGNAGE NOTES A002 FOR ADDITIONAL INFORMATION. NOTE 7 EXISTING 1 HR RATED DEMISING WALL. SEE DETAIL THIS SHEET (E) PRESSURE TREATED SILL PLATE (E) CONCRETE SLAB A 115

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66 SUMMARY LAND +/ AC +/ SF BUILDING 199,896 SF LAND TO BLD'G RATIO 2.5/1 COVERAGE 28.56% PARKING PROVIDED 735 STALLS STANDARD 582 STALLS COMPACT 127 STALLS HANDICAP (12 VAN) 26 STALLS APN , 018 & 914 BUILDING AND PARKING SUMMARY BUILDING GROSS S.F USE PARKING RQ'D STALLS BLD'G HT EX. LEVELS MAJOR A RETAIL 1/ ' TO 30' SINGLE MAJOR B 25,011 RETAIL 1/ ' TO 32' SINGLE RETAIL 1 10,644 RETAIL 1/ ' TO 32' SINGLE SHOPS 1 7,792 RETAIL 1/ ' TO 34' SINGLE SHOPS 2 5,471 RETAIL 1/ ' TO 34' SINGLE SHOPS 3 3,207 RETAIL 1/ ' TO 29' SINGLE SHOPS 3 1,800 FOOD 1/ PAD A 2,233 FOOD 1/ ' TO 29' SINGLE PAD C 3,200 FOOD 1/ ' TO 29' SINGLE TOTAL 199, PROVIDED 735 TARGET NOT A PART GENERAL NOTES 1. ALL SITE WORK INCLUDING PAVING, CURBING, PARKING, SIDEWALKS, SITE LIGHTING AND DUMPSTER ENCLOSURE ARE ALL EXISTING UNLESS OTHERWISE NOTED. FIRE DEPT. NOTES APPROVED BUILDING ADDRESS NUMBERS, BUILDING NUMBERS OR APPROVED BUILDING IDENTIFICATION SHALL BE PROVIDED AND MAINTAINED SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET FRONTING THE PROPERTY. THE NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND, BE ARABIC NUMERALS OR ALPHABET LETTERS, AND BE A MINIMUM OF 4INCHES HIGH WITH A MINIMUM STROKE WIDTH OF 0.5 INCHES (CFC 505.1, FHPS P-00-6) PLANS SHOWING UNDERGROUND PIPING, FIRE DEPARTMENT CONNECTION, OR PRIVATE ON-SITE FIRE HYDRANTS SHALL BE SUBMITTED TO THE SPRINKLER PLAN CHECK UNIT FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION. (FIRE CODE COUNTY OF LOS ANGELES FIRE DEPARTMENT REGULATION 7) THE INSPECTION, HYDROSTATIC TEST AND FLUSHING OF THE UNDERGROUND FIRE PROTECTION PIPING SHALL BE WITNESSED BY AN AUTHORIZED FIRE DEPARTMENT REPRESENTATIVE. NO UNDERGROUND PIPING OR THRUST BLOCKS SHALL BE COVERED WITH EARTH OR HIDDEN FROM VIEW UNTIL THE FIRE DEPARTMENT REPRESENTATIVE HAS BEEN NOTIFIED AND GIVEN NOT LESS 48 HOURS IN WHICH TO INSPECT SUCH INSTALLATIONS. (FIRE CODE COUNTY OF LOS ANGELES FIRE DEPARTMENT REGULATION7) NOT A PART THE OVERALL PARKING RATIO IS BASE ON THE CONDITIONAL USE PERMIT AND TMP THE MEANS OF EGRESS, AND EXIT DISCHARGE, SHALL BE ILLUMINATED AT ANY TIME THE BUILDING IS OOCUPIED WITH A LIGHT INTENSITY OF NOT LESS THAN 1 FOOT-CANDLE AT THE WALKING SURFACE LEVEL. (CBC ) NOT A PART ROSS NOT A PART EXISTING ACCESSIBLE PATH OF TRAVEL CITIWEAR NOT A PART EXISTING TRANSFORMER EXISTING ACCESSIBLE PATH OF TRAVEL MONUMENT SIGN 5. POTABLE FIRE EXTINGUISHERS SHALL BE INSTALLED IN LOCATIONS AS REQUIRED BY FIRE CODE DUMPSTERS AND CONTAINERS WITH AN INDIVIDUAL CAPACITY OF 1.5 CUBIC YARDS OR MORE SHALL NOT BE STORED IN BUILDINGS OR PLACED WITHIN 5 FEET OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE ROOF EAVES, UNLESS AREAS CONTAINING DUMPSTERS OR CONTAINERS ARE PROTECTED BY AN APPROVED AUTOMATIC FIRE SPRINKLER SYSTEM. (FIRE CODE ) EACH REQUIRED COMMERCIAL KITCHEN EXHAUST HOOD AND DUCT SYSTEM SHALL HAVE A TYPE 1 HOOD PROTECTED WITH AN APPROVED AUTOMATIC FIRE-EXTINGUISHING SYSTEM INSTALLED IN ACCORDANCE WITH BUILDING CODE FIRE CODE 609 INTERIOR WALL AND CEILING FINISHES SHALL BE CLASSIFIED IN ACCORDANCE WITH BUILDING CODE 803 AND TABLE FIRE CODE SEC. 803 TABLE CURTAINS, DRAPES AND OTHER DECORATIVE MATERIALS SUSPENDED FROM THE WALLS OR CEILINGS SHALL MEET THE FLAME SPREAD PROPAGATION PERFORMANCE CRITERIA OF NFPA 701 IN ACCORDANCE WITH SECTON OR BE NONCOMBUSTIBLE. BUILDING CODE FIRE CODE 807 RANCHO ROAD EXISTING ACCESSIBLE PARKING STALLS RAMP & SIGNAGE EXISTING ACCESSIBLE PATH OF TRAVEL NEW PATIO AREA SEE A101 RIO NOT A PART EXISTING GREASE INTERCEPTOR AVAILABLE YORURTLAND NOT A PART EXISTING LOADING ZONE NOT A PART EXISTING GAS METERS MONUMENT SIGN CHIPOTLE 1802 S.F. EXISTING TRASH ENCLOSURE W/ SMOOTH, SEALED PLASTER O/ (E) CMU WATER METER RANCHO VALLEY DRIVE A 100

67 ATTACHMENT 4 EXHIBIT OF ON-SALE ABC LICENSES IN CENSUS TRACTS & AND ABC LICENSE TYPE DESCRIPTION

68 Existing On Sale Licenses & Census Tracts Subject Site 2 3 Census Tract Village Loop Rd Graziano s Pizza: Type Rancho Camino Dr #103 Grand Buffet: Type Rancho Camino Dr #101 J Sushi Ramen:Type-41 Census Tract W. Phillips Blvd Palm Lakes Golf Course: Type-40

69 ATTACHMENT 5 EXHIBIT OF POLICE REPORTING DISTRICTS

70 Crime Reporting Districts 2013 Data 82 (92) 81 (478) 75 (46) 74 (53) 83 (125) 73* (226) Number in Parenthesis Indicates Total Number of Crimes *Indicates High Crime District (Threshold is 160 crimes) Subject Location

71 ATTACHMENT 6 EXHIBIT OF SENSITVE USES

72 Distance to Sensitive Use from Subject Site Single Family 1,244 Multi Family 1,009 Single Family 1,217 Subject Site Single Family 771

73 ATTACHMENT FOOT RADIUS MAP & PUBLIC HEARING NOTICE

74 CITY OF POMONA!L~ j '... ~ w '~ 0 ~ ~l(l.j ~,;:. ~ I~ t r,cg ~ ~" ~ 10 11, ~--- 2L(XINC T ON: ' ' ST. t ' ' ' '.0 ;... ': 1 1., '~t; ~ (!) \: ~ ~"'. ' ~ 0 47, ~ o 0 'o ~ ~ ~ l ~d ll 0}.o~ 1-~-L~--j ~.. " ;... ~POPPY LN. ~ r RADIUS MAPS ETC 3544 PORTOLA AVENUE LOS ANGELES CA OFF/FAX (323) RADIUSMAPSETC@SBCGLOBALNET,.. 1>.lt- ).. 400' RADIUS MAP LEGEND 1. 1 OWNERSHIP NO. OWNERSHIP HOOK ' SITE LOCATION: CHIPOTLE MEXICAN GRILL 785 RIO RANCHO ROAD #300 POMONA, CA LEGAL DESCRIPTION: LOTS 1 THRU 6, PARCEL MAP NO , M.B /42. CASE NO.: DATE: SCALE: 1" = 200' T.B. PAGE: 640 GRID: J-5 APN: ,035,036,037,039

75 NOTICE OF PUBLIC HEARING Project Title: Project Applicant: Project Location: Project Description: Lead Agency: Public Hearing Date & Location/Time: Conditional Use Permit (CUP ) Chipotle Mexican Grill 785 Rio Rancho Road A Conditional Use Permit to allow the sale of alcoholic beverages (on-sale beer and wine - Type 41 ABC License) for onsite consumption at an existing restaurant located in the C-4 (Highway Commercial) zone. City of Pomona, Community Development Department, Planning Division. The public hearing is scheduled for Wednesday, April 9, 2014 at 7:00 p.m. in the City of Pomona City Council Chambers located at 505 S. Garey A venue in the City of Pomona. Environmental Review Pursuant to the provisions of the California Environmental Quality Act (CEQA-Public Resources Code, Section 2 I 084 et. seq.), the guidelines include a list ofclasses of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. In compliance with Article 19, Section (Class 1 - Existing Facilities), the proposed project described above hereby meets the guidelines for a Categorical Exemption. Therefore, no further environmental review is required. The Categorical Exemption will be considered by the Planning Commission at the public hearing for this project scheduled for April 9, Public Hearing Notice Any interested individual may appear in person or by agent at the Planning Commission hearing and be heard on any matter relevant to such proceedings. The staff report on this matter will be available in the Planning Division on or aoout April 3, Please call the Planning Division at (909) I 91 with any questions you may have regarding this matter. PLEASE NOTE: If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Pomona, Planning Division at, or prior to, the public hearing. Para Informacion en Espanol, Harne (909) Date: March 27, 2014 Brad Johnson Planning Manager Publication Date: March 3 I, 2014 Eva Buice City Clerk, City of Pomona!:\Economic Development\Planning\Master Planning\PLANNING COMMISSJON\NOTICE OF PUBLIC HEARING\ Rio Rancho Rd.doc

76 ATTACHMENT 8 SITE PHOTOGRAPHS SUBMITTED BY THE APPLICANT

77 3!1 :!ii ;1~ "'l' ~l::f ;:1 I I R s SCHOOL ±AC 0.07±'' ST 7 7r±AC a: 0 w z ::; ~ ) G/ 7.13±AC 0.05± "FC 7.08±AC-. (") 2.46±AC LU : ~,,_<02.:.~~ I g ~ I 2.37±AC ~ 1 ~ lo ~ f.(4\ ~v, Q.<( Ol \.!.:!) u~, co 12 ls~ z, I \~..,,,,,,., '., ' '' ' '.... '' ' '.. '.' : : l'.f::o::r:-c:-0:-'m:-p-l-et_e_o_l_m_en_s_io_n_s_o_f_.-lc : : OF PM SEE RECORDE '' RADIUS MAPS ETC 3544 PORTOLA AVENUE LOS ANGELES CA OFF/FAX (323) RADIUSMAPSETC@SBCGLOBAL.NET ) PHOTO BRO'CHURE SITE LOCATION: CHIPOTLE MEXICAN GRILL 785 RIO RANCHO ROAD #300 POMONA, CA CASE NO.: DATE: T.B.PAGE: 640 GRID: J-5 APN: ,035, 036,037,039

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