CITY OF POMONA PLANNING COMMISSION AGENDA POMONA, CALIFORNIA CITY COUNCIL CHAMBERS 505 South Garey Avenue, Pomona, CA 91769 REGULAR MEETING OF Wednesday, February 11, 2015 @ 7:00 PM A. CALL TO ORDER: Chair Denton Mosier B. FLAG SALUTE: Chair Denton Mosier C. ROLL CALL: Development Services Manager Johnson Chair Denton Mosier, Vice-Chair Edward C. Starr, Commissioner Ismael Arias, Commissioner Luis M. Juarez, Commissioner Carolyn Hemming, and Commissioner Samuel Tharpe D. PUBLIC PARTICIPATION (Three (3) minute Limit on Non-Agenda Items Only): 1. At this time, the general public is invited to address the Planning Commission concerning any items that are not listed on the agenda, which are not public hearings, or other items under the jurisdiction of the Planning Commission. Comments from the public of any nonagenda items will be limited to three (3) minutes in accordance with City policy. 2. Any applicant or member of the public wishing to speak on any item that is listed on the agenda is requested to adhere to the following protocol procedures/guidelines: a) Prior to the meeting, or during the meeting prior to an agenda item being discussed, any person wishing to address the Planning Commission shall complete a speaker card and submit it to the Planning Manager. Speaker cards are available in the foyer of the City Council Chambers and from the Minutes Clerk. b) When called upon, the person shall come to the podium, state his/her name and address for the record, and, if speaking for an organization or other group, identify the organization or group represented. Whenever any group of persons wishes to address the Planning Commission on the same subject matter, the Chair may, at his/her discretion, request that the group choose a spokesperson to address the Commission. c) All remarks should be addressed to the Planning Commission as a whole, and not to individual Commissioners. Questions, if any, should be directed to the presiding Chair who will determine whether, or in what manner, an answer will be provided. d) Every person addressing the Planning Commission will be limited to three (3) minutes or such reasonable time as is granted by the majority of the Planning Commission. Planning Commission Agenda February 11, 2015 Page 1
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: January 14, 2015 F. PUBLIC HEARING ITEMS: 1. CONDITIONAL USE PERMIT (CUP 14-053) Project Address: 778 E. Arrow Highway Project Applicant: Brent McManigal for Walmart Stores, Inc. Project Planner: Leonard Bechet, Assistant Planner Council District: CC District No. 6 Project Description: The applicant is proposing to allow the sale of beer, wine, and liquor under a Type 21 Off-Sale General ABC license for off-site consumption at an existing supermarket in the C-C (Community Shopping Center) zone. Pursuant to the provisions of the California Environmental Quality Act (CEQA-Public Resources Code, Section 21084 et. seq.), in compliance with Article 19, Section 15301 (Class 1 Existing Facilities), this project meets the guidelines for a Categorical Exemption. G. NEW BUSINESS: Recommended Action: The Planning Division recommends that the Planning Commission approve Conditional Use Permit (CUP 14-053), subject to conditions. H. PLANNING COMMISSION COMMUNICATIONS: I. PLANNING MANAGER COMMUNICATIONS: J. ADJOURNMENT: The City of Pomona Planning Commission is hereby adjourned to the next regularly scheduled meeting of February 25, 2015 starting at 7:00 p.m. in the City Council Chambers. *** CERTIFICATION OF POSTING AGENDA *** I, Brad Johnson, Development Services Manager for the City of Pomona, hereby certify that the agenda for the February 11, 2015 Planning Commission meeting was posted on Thursday, February 5, 2015. Brad Johnson Development Services Manager Planning Commission Agenda February 11, 2015 Page 2
F1 778 E. Arrow Highway F1 Planning Commission Agenda February 11, 2015 Page 3
Unofficial Minutes Planning Commission Meeting January 14, 2015 Page 1 of 4 CALL TO ORDER: FLAG SALUTE: ROLL CALL: UNOFFICIAL MINUTES PLANNING COMMISSION MEETING JANUARY 14, 2015 The Planning Commission meeting was called to order by Development Services Manager Johnson in the City Council Chambers at 7:00 p.m. Commissioner Hemming led the flag salute Roll was taken by Development Services Manager Johnson COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Commissioners Arias, Hemming, Mosier, Starr, and Tharpe Commissioner Juarez (excused) STAFF PRESENT: Development and Neighborhood Services Director Lazzaretto, Development Services Manager Johnson, Deputy City Attorney Lee, Associate Planner Lee, Assistant Planner Bechet, City Engineer Rene Guerrero, and Minutes Clerk Casey ITEM D: CITIZEN PARTICIPATION: None ITEM E: CONSENT CALENDAR: 1. APPROVAL OF PC MINUTES: a. November 12, 2014 b. December 10, 2014 Due to the lack of quorum, as a portion of the Commissioners were not present at the November 12, 2014 Planning Commission meeting, the consideration of the November 12, 2014 Planning Commission meeting minutes was continued to the January 28, 2015 Planning Commission meeting. Motion by Commissioner Starr, seconded by Commissioner Arias, carried by a majority vote of the members present (3-0-2-1) Commissioners Hemming and Tharpe abstained and Commissioner Juarez excused, adopting the Planning Commission meeting minutes of December 10, 2014. 1
Unofficial Minutes Planning Commission Meeting January 14, 2015 Page 2 of 4 ITEM F: PUBLIC HEARING ITEMS: F-1 PUBLIC HEARING TENTATIVE PARCEL MAP (TPM 14-007) TO CONSOLIDATE TEN EXISTING PARCELS INTO THREE NEW PARCELS ON AN 8,022 ACRE PROJECT SITE IN THE M-1 (LIGHT INDUSTRIAL) ZONE LOCATED AT 1265, 1271, AND 1283 E. GRAND AVENUE. Associate Planner Lee provided a staff report regarding a request to allow consolidation of ten existing parcels into three new parcels. Acting Chair Mosier inquired whether the truck facility would remain on the site. Associate Planner Lee stated the plans displayed the building as remaining as is. Commissioner Starr requested Condition No. 19 be amended to require soil testing to determine if the soil is hazardous or toxic. In addition, he requested Condition No. 20 be amended to include a sewer standby connection fee. Acting Chair Mosier opened the public hearing. Mr. Edward Berkley, representing the project, stated he did not have any intention of selling parcel 1 so the truck operation would remain. He stated there were plans to sell parcels 2 and 3. He stated he felt Conditions No. 19 and No. 20 were not appropriate for parcel 1 as he felt they were punitive since the parcel would not be changed or sold. He requested the Commission consider revising the conditions to be placed on parcels 2 and 3 only or to allow the improvements to be made to parcel 1 while improvements were being made to parcels 2 and 3. City Engineer Rene Guerrero stated staff s intentions for Conditions No. 19 and No. 20 were to allow reasonable onsite improvements for the front of parcel 1. Development and Neighborhood Services Director Lazzaretto stated staff would be concerned with putting off the improvements to parcel 1 as staff would not be able to provide a nexus to parcel 1 when improvements were being made to parcels 2 and 3. The Commission discussed and agreed to take staff s recommendation on Conditions No. 19 and No. 20 and leave them as is for parcel 1. Acting Chair Mosier closed the public hearing. The Commission discussed and agreed to amend Condition No. 19 to require soil testing to determine if the soil is hazardous or toxic and to amend Condition No. 20 to require a sewer standby connection fee. Motion by Commissioner Starr, seconded by Commissioner Tharpe, carried by a unanimous vote of the members present (5-0-0-1) Commissioner Juarez excused, adopting Resolution No. 15-001, approving Tentative Parcel Map (TPM 14-007). F-2 PUBLIC HEARING CONDITIONAL USE PERMIT (CUP 13-023) TO ALLOW THE CONSTRUCTION OF A 123 UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT, VARIANCE (VAR 15-001) TO VARY FROM DEVELOPMENT STANDARDS, CHANGE OF ZONE (CZ 13-004) TO CHANGE THE ZONING DISTRICT FROM M-1 (LIGHT INDUSTRIAL) TO R-3 (MEDIUM DENSITY MULTIPLE FAMILY), AND TENTATIVE TRACT MAP (TTM 13-002) TO SUBDIVIDE THE AIRSPACE FOR 123 CONDOMINIUMS ON AN APPROXIMATELY 7.45 ACRE PROPERTY LOCATED AT 700 E. HARRISON AVENUE. 2
Unofficial Minutes Planning Commission Meeting January 14, 2015 Page 3 of 4 Assistant Planner Bechet provided a staff report regarding a request to allow the construction of a 123 unit multi-family residential development. In addition, he stated the following would be added as Condition No. 25 for the CUP resolution and as Condition No. 6 for the TTM resolution, Pursuant to City of Pomona Ordinance No. 3506, prior to issuance of any grading or building permits the applicant or developer shall pay the following Development Impact Miscellaneous Fees, Traffic Signal & Control Device Program; Road & Highway Improvement Program; Parks & Recreation Improvement Program; and Public Safety Improvement Program. In addition, Assistant Planner Bechet stated the following would be added as Condition No. 70 for the CUP resolution and as Condition No. 43 for the TTM Resolution, Applicant/Developer shall obtain the applicable approval from the westerly property owner for the connection of the project s onsite storm drain system to the existing offsite private storm drain system. Acting Chair Mosier inquired whether this was the first proposal for the property. Development Services Manager Johnson stated a company began removing landscaping and building improvements about 5 to 6 years ago, but they never moved forward. Commissioner Tharpe inquired whether this would have a negative impact on the nearby schools. Development Services Manager Johnson stated the school district was notified of the proposed project and staff did not receive any response, but staff assumes they would be in support of the project due to a fee they would receive from the developer. Acting Chair Mosier opened the public hearing. Mr. Eric Vanwechel, representing the project, agreed with the staff report and asked the Commission to approve. Acting Chair Mosier mentioned Condition No. 63 regarding a homeowners association and inquired whether this would deter buyers. Mr. Eric Vanwechel stated he felt buyers would find this beneficial as it will assist with maintaining the property. Commissioner Hemming mentioned the property having many mature trees and inquired whether the trees would remain. Mr. Eric Vanwechel stated many factors needed to be considered so he could not provide a number of how many trees would be retained, but the plan was to retain as many trees as possible. Commissioner Hemming stated a concern with the amount of trash on the property. Commissioner Arias stated a concern regarding the poorly maintained landscaping on the property. Mr. Eric Vanwechel stated the trash and landscaping were also a concern for him. He stated escrow recently closed and he would commit to cleaning the property. Acting Chair Mosier closed the public hearing. Acting Chair Mosier stated he was disappointed not to see a business on the property, but he felt the proposed was a nice project and he would much rather see development than vacant land. The Commission discussed and agreed to add the following; Condition No. 25 for the CUP resolution and Condition No. 6 for the TTM resolution, Pursuant to City of Pomona Ordinance No. 3506, prior to issuance of any grading or building permits the applicant or developer shall pay the following Development Impact Miscellaneous Fees, Traffic Signal & Control Device Program; Road & Highway Improvement Program; Parks & Recreation Improvement Program; and Public Safety Improvement Program. To add Condition No. 70 for the CUP resolution and Condition No. 43 for the TTM Resolution, Applicant/Developer shall obtain the applicable approval from the westerly property owner for the connection of the project s onsite storm drain system to the existing offsite private storm drain system. Motion by Commissioner Starr, seconded by Commissioner Hemming, carried by a unanimous vote of the members present (5-0-0-1) Commissioner Juarez excused, adopting Resolution No. 15-002 approving Conditional Use Permit (CUP 13-023), Resolution No. 15-004, approving Variance (VAR 15-001), Resolution No. 15-005, approving Change of Zone (CZ 13-004), and Resolution No. 15-003, approving Tentative Tract Map (TTM 13-002). 3
Unofficial Minutes Planning Commission Meeting January 14, 2015 Page 4 of 4 ITEM G: NEW BUSINESS: 1. Selection of Chair and Vice Chair Motion by Commissioner Starr, seconded by Commissioner Hemming, carried by a unanimous vote of the members present (5-0-0-1) Commissioner Juarez excused, nominating and approving Commissioner Mosier as Chairperson of the Planning Commission. Motion by Chair Mosier, seconded by Commissioner Hemming, carried by a unanimous vote of the members present (5-0-0-1) Commissioner Juarez excused, nominating and approving Commissioner Starr as Vice Chairperson of the Planning Commission. ITEM H : PLANNING COMMISSION COMMUNICATIONS: Chair Mosier asked staff to look into whether the drought for district 5 was over. Vice Chair Starr asked staff to look into the alleyway study as he would like to vacate the alley near his home. In addition, he mentioned a Code Enforcement issue on the corner of San Bernardino Avenue and Towne Avenue where a vehicle damaged the wrought iron fence on the property. ITEM I: PLANNING MANAGER COMMUNICATIONS: Development Services Manager Johnson mentioned an upcoming academy in Newport Beach for the Planning Commission and asked the Commissioners to send an email if they would like to attend. ITEM J: ADJOURNMENT: The Planning Commission meeting was motion to adjourn by Chairperson Mosier at 8:15 p.m. to the regular scheduled meeting of January 28, 2015 in the City Council Chambers. Brad Johnson Development Services Manager Maureen Casey, Transcriber The minutes of this meeting are filed in the Planning Division of City Hall, located 505 South Garey Avenue, Pomona, CA, 91766. 4
CITY OF POMONA PLANNING COMMISSION REPORT DATE: February 11, 2015 TO: FROM: Chairman and Members of the Planning Commission Planning Division SUBJECT: CONDITIONAL USE PERMIT (CUP 14-053): A request for a Conditional Use Permit (CUP 14-053) to allow the sale of alcoholic beverages (off-sale general - beer, wine, and liquor Type 21 ABC license) for off-site consumption in conjunction with an existing supermarket (Walmart Neighborhood Market) located at 778 E. Arrow Highway in the C-C (Community Shopping Center) zone. STAFF RECOMMENDATION The Planning Division recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Conditional Use Permit (CUP 14-053), subject to conditions. PROJECT/APPLICANT INFORMATION Project Location: 778 E. Arrow Highway APN Information: 8365-003-019 Project Applicant: Brent McManigal on behalf of Walmart Stores, Inc. Property Owners: CC District: District # 6 Historic/CBD: Specific Plan: PROJECT DESCRIPTION Sandstone Properties, LP Not Applicable Not Applicable The applicant, Walmart, is requesting a Conditional Use Permit (CUP 14-053) to allow the sale of alcoholic beverages (off-sale general beer, wine, and liquor Type 21 ABC license) for offsite consumption in conjunction with an existing Walmart neighborhood market (grocery store). The market occupies an approximately 37,000 square foot tenant space on a 2.49 acre parcel that is part of a larger multi-parcel shopping center with a total building area of 103,100 square feet and a total site area of 8.40 acres at the southwest corner of E. Arrow Highway and N. Towne Avenue in the C-C (Community Shopping Center) zone (Attachment 2). City of Pomona Planning Division Planning Commission Meeting of February 11, 2015
CUP 14-053 778 E. Arrow Hwy. Page 2 of 6 The market opened in January 2015 and functions as a grocery store selling goods such as dry groceries, produce, dairy, bakery, and fresh and frozen meats. The market also sells general merchandise including, but not limited to, paper goods, pet food and supplies, infant and toddler goods, home cleaning and care, and cosmetics. The sale of alcohol would be conducted from display and refrigerated shelving and would encompass approximately 350 square feet of existing floor area (less than 1% of total store square footage). The market is open from 6:00am 11:00pm, seven days a week with alcohol sales being proposed to take place during these hours (Attachment 9). Applicable Code Sections Section.580.J and.5809.4 of the Zoning Ordinance establishes criteria for approval of a Conditional Use Permit for the off-sale of alcoholic beverages in conjunction with a bona-fide grocery store. The requirements for approval of off-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 off-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 north, east, and west are a combination of residential and commercial uses. The following table summarizes the surrounding land uses, zoning and general plan designations for Planning Commission consideration. Land Use Summary Table Existing Land Use Zoning Designation General Plan Designation Subject Site Retail C-C Urban Neighborhood East Residential Planed Development R-3-PD Residential Neighborhood North Retail/Multi-Family Residential M-1-S Activity Center South Single-Family Residential/Vacant C-C Residential Neighborhood City of Pomona Planning Division Planning Commission Meeting of February 11, 2015
CUP 14-053 778 E. Arrow Hwy. Page 3 of 6 Existing Land Use Zoning Designation General Plan Designation West Retail Single-Family Residential C-C R-1-7,200 Urban Neighborhood ZONING COMPLIANCE ANALYSIS ABC Census Tract Information According to the guidelines established by the State Department of Alcoholic Beverage Control (ABC), a total of three off-sale licenses are allowed in the subject Census Tract No. 4021.02 before the tract is deemed to have undue concentration. The population of the Census Tract determines the number of licenses permitted. Currently, there are two establishments with offsale alcohol licenses in the subject census tract. Thus, the existing number of off-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 off-sale alcohol license would add a third license, which is at the number of allowed off-sale licenses in the census tract. The following table summarizes the concentration of on-sale ABC licenses in Census Tract No. 4021.02 and the adjoining Census Tract No. 4021.01 to the east. A map showing the number and location of all active off-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 4021.02 Adjoining Census Tract (East) 4021.01 Off-sale Off-sale 2 3 1 2 Police Department Review The Pomona Police Department has reviewed the proposed application for the sale of alcohol (off-sale general beer, wine, and liquor) at the existing market. 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. 23, 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 72 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 City of Pomona Planning Division Planning Commission Meeting of February 11, 2015
CUP 14-053 778 E. Arrow Hwy. Page 4 of 6 Reporting District No. 23 and adjacent districts is provided for Commission consideration (Attachment 5). Census Tract 4021.02 Census Tract (East) 4021.01 * Indicates High Crime Area Police Reporting District Data Police Reporting District Part I Offenses and II Arrests (2013) 23 72 20 154 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 off-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 Urban Neighborhood. Furthermore, the addition of an additional service to an existing market within an established neighborhood shopping center is consistent with the following planning approach for the Neighborhood Strategic Action Area of the General Plan: Preserve the scale, character, and value of established neighborhoods by ensuring that new residential development is well integrated with existing development. Furthermore, the proposed use is consistent with the following General Plan goal (6E.G1): Preserve stable neighborhoods by focusing new intensity and activity in clusters at major crossroads and areas of existing intensity throughout the city. Therefore, approval of the proposed Conditional Use Permit to allow the off-sale of alcoholic beverages in conjunction with a supermarket would contribute to the diversification of the City s economy and promote an increased 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-C (Community Shopping Center Commercial District) zone. The proposed off-sale alcohol (beer, wine, and liquor Type 21 ABC license) in conjunction with an existing bona fide supermarket is a conditionally permitted use within the C-C zone. Furthermore the shopping center has sufficient parking to accommodate the proposed use. The City of Pomona Planning Division Planning Commission Meeting of February 11, 2015
CUP 14-053 778 E. Arrow Hwy. Page 5 of 6 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 Barfield Elementary Palomares Middle Pomona High Parks Ted Greene Park Palomares Park Churches St. Peter Orthodox Vineyard Community Charisma Life Antioch Baptist Distance from restaurant 711 (north) 228 (south) 445 (west) 173 (east) Distance from restaurant 2,000 (southeast) 1,764 (west) 760 (south) Distance from restaurant 3,095 (southwest) 1,395 (northwest) Distance from restaurant 3,330 (southwest) 2,940 (north) 2,480 (northwest) 1,000 (south) 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 stored, displayed, and sold in a controlled environment. Furthermore, the off-sale 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 City of Pomona Planning Division Planning Commission Meeting of February 11, 2015
CUP 14-053 778 E. Arrow Hwy. Page 6 of 6 proposed project, staff determined that the project falls under Article 19, Section 15301 (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 January 30, 2015 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 January 29, 2015 (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-C (Community Shopping Center) zone. Based on staff s analysis of the issues, the off-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 14-053), subject to conditions. Respectfully Submitted By: Prepared By: Brad Johnson Planning Manager Leonard Bechet Associate Planner ATTACHMENTS: 1) Draft PC Resolution 2) Location Map & Aerial Photograph 3) Project Plans Reductions (8-1/2 x 11 ) 4) Exhibit of Off-sale ABC licenses in Census Tracts 4021.02 & 4021.01 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) Project Description Submitted by the Applicant 10) Full Size Project Plans (Separate Cover) I:\Economic Development\Planning\Master Planning\PLANNING COMMISSION\Staff Reports\Conditional Use Permit\778 E Arrow Hwy (CUP 14-053).doc City of Pomona Planning Division Planning Commission Meeting of February 11, 2015
ATTACHMENT 1 DRAFT PC RESOLUTION
PC RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF POMONA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP 14-053) TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (OFF-SALE GENERAL BEER, WINE, AND LIQUOR TYPE 21 ABC LICENSE) FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH AN EXISTING MARKET (WALMART NEIGHBORHOOD MARKET) IN THE C-C (COMMUNITY SHOPPING CENTER) ZONE LOCATED AT 778 E. ARROW HIGHWAY. WHEREAS, the applicant, Brent McManigal on behalf of Walmart Stores, Inc., has filed an application for Conditional Use Permit (CUP 14-053) to allow the sale of alcoholic beverages (offsale general beer, wine, and liquor Type 21 ABC license) for off-site consumption in conjunction with an existing market (Walmart Neighborhood Market) located at 778 E. Arrow Highway: WHEREAS, the subject site is currently located within the C-C (Community Shopping Center) zone; WHEREAS, the subject site is currently designated Urban Neighborhood by the City s General Plan; WHEREAS, the approval of a conditional use permit by the Planning Commission is required for the off-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 February 11, 2015, concerning the requested Conditional Use Permit (CUP 14-053); 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.
PC Resolution No. 15- CUP 14-053 778 E. Arrow Hwy. Page 2 of 8 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 Commission must make findings in order to approve Conditional Use Permit (CUP 14-053). 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 (off-sale general beer, wine, and liquor Type 41 ABC license) for off-site consumption will enhance the existing store 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 grocery store. Furthermore, the addition of alcohol to the services provided will help ensure the economic viability of the grocery store use, thus increasing the likelihood that the business will continue operating and providing retail opportunities to local residents. The off-sale (beer, wine, and liquor Type 21) 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 2.89 acres) and the market (approximately 37,000 square-
PC Resolution No. 15- CUP 14-053 778 E. Arrow Hwy. Page 3 of 8 foot premise area) is sufficient enough in size to accommodate all of the development standards of the C-C (Community Shopping Center) zone, such as setbacks, parking, walls/fences, 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 Arrow Highway and Towne Avenue, both major arterial streets with two lanes for each direction going east and westbound (Arrow Highway) and north and southbound (Towne Avenue), which are 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 off-sale alcohol (beer, wine, and liquor) 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 Urban Neighborhood place type. Furthermore, the proposed use is consistent with the following General Plan goal (6E.G1): Preserve stable neighborhoods by focusing new intensity and activity in clusters at major crossroads and areas of existing intensity throughout the City. SECTION 4. Based upon the above findings, the Planning Commission hereby approves Conditional Use Permit (CUP 14-053) 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 February 11, 2015, and as illustrated in the stamped approved plans dated February 11, 2015. 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.
PC Resolution No. 15- CUP 14-053 778 E. Arrow Hwy. Page 4 of 8 2. This approval shall lapse and become if the privilege authorized is not utilized within one (1) year from the date of this approval (February 11, 2016), 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 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 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 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.
PC Resolution No. 15- CUP 14-053 778 E. Arrow Hwy. Page 5 of 8 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 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 62-351 et seq. 9. 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 establishment is limited to operating between 6:00am and 11:00 pm, seven days a week. 12. Loitering or panhandling on the premises shall be prohibited. 13. Any and all alcohol sales shall be limited to beer, wine, and liquor. 14. The sale of alcoholic beverages shall be limited to off-sale beer, wine, and liquor in prepackaged containers. Sale and display of beer products shall be in packages containing six or more individually packaged servings (i.e. no individual can/bottle or tapped/keg container display or sales). No liquor, wine, wine coolers or flavored malt beverages shall be sold in
PC Resolution No. 15- CUP 14-053 778 E. Arrow Hwy. Page 6 of 8 containers of less than 750 ml, unless sold by four-pack or other manufacturer s prepackaged multi-unit quantities. 15. The cases for display of distilled liquor shall be equipped with a locking mechanism. 16. No display or sale of alcohol shall be made from an ice tub. 17. The applicant shall replace all improperly trimmed trees with new trees like for like in all parking and landscaping areas on all contiguous parcels of the shopping center within six months of approval, subject to review and approval of the Planning Division. 18. No vending machines of any kind shall be installed outdoors within the project site. 19. There shall be no pay telephones installed within the enclosed portion of the premises equipped to receive incoming calls. There shall be no new payphones of any kind installed on the exterior of the premises. 20. The sale of alcoholic beverages for consumption on the premises or in the adjoining parking areas shall be prohibited. 21. Interior and exterior site video surveillance equipment shall be provided with signage advising customers that video recording devices are in use. Recordings shall be digital and recorded in high definition, kept a minimum of ninety (90) days, and shall record all activity on surrounding public rights-of-ways as well as the subject site. Prior to installation of the video surveillance equipment, a video surveillance plan shall be submitted for review and the privileges afforded under this resolution shall not be enjoyed prior to approval of such video surveillance plan by the Pomona Police Department. 22. 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 or equivalent responsible beverage service program 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. 23. Store windows shall be kept clear of at all times from paper, paint, cardboard or any other material used for signage. All exterior windows shall be clear glass with no tinting or window coverings either interior or exterior. 24. All interior window signage and exterior signage of any kind, which advertises the sale or
PC Resolution No. 15- CUP 14-053 778 E. Arrow Hwy. Page 7 of 8 availability of alcohol, shall be prohibited. 25. No sales to obviously intoxicated patrons shall be allowed. 26. No sales of alcoholic beverages to minors shall be allowed. 27. All crimes occurring inside and outside of the location shall be reported to the Police Department at the time of the occurrence. 28. 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. 29. In January and June 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. 30. One eight bike capacity or two four bike capacity permanent commercial rated bike racks shall be provided near the main entrance, or in a convenient area, of the Walmart market. Quality and location shall be subject to the review and approval of the Planning Division. Bike racks shall be installed within ninety days of project approval. 31. There shall be no activity conducted on the subject site that exceeds the noise and vibration parameters of Pomona City Code Section 18-301, et seq., and City Council Ordinance No. 3939 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 11 th DAY OF FEBRUARY, 2015. DENTON MOSIER PLANNING COMMISSION CHAIRPERSON
PC Resolution No. 15- CUP 14-053 778 E. Arrow Hwy. 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. 76-258 of the City of Pomona the time in which judicial review of this action must be sought is governed by Sec. 1094.6 C.C.P." I:\Economic Development\Planning\Master Planning\PLANNING COMMISSION\RESOLUTIONS\778 E Arrow Hwy (CUP 14-053) Reso.doc
ATTACHMENT 2 LOCATION MAP & AERIAL PHOTOGRAPH
Location Map & Aerial Photograph 778 E. Arrow Highway
ATTACHMENT 3 PROJECT PLANS REDUTIONS (8½ x 11 )
ATTACHMENT 4 EXHIBIT OF ON-SALE ABC LICENSES IN CENSUS TRACTS 4021.02 & 4021.01 AND ABC LICENSE TYPE DESCRIPTION
Exhibit of Off-Sale Licenses & Census Tracts Subject Site 1 4021.02 4021.01 1 2 Census Tract 4021.02 1. 588 E. La Verne Ave Pomona Liquor: Type-21 2. 2055 N. Towne Ave 7Eleven: Type-20 Census Tract 4021.01 1. 2510 N. Towne Ave Towne Arco: Type-20
Department of Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of California LICENSE TYPE D E S C R I P T I O N 01 BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer s licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer s licensed premises or at a bona fide eating place contiguous to the manufacturer s licensed premises. May conduct beer tastings under specified conditions (Section 23357.3). Minors are allowed on the premises. 02 WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the premises. 20 OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. 21 OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. 23 SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro-brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. 40 ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the premises. 41 ON SALE BEER & WINE EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 42 ON SALE BEER & WINE PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 47 ON SALE GENERAL EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 48 ON SALE GENERAL PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 49 ON SALE GENERAL SEASONAL - Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. ABC-616 (01-15)
ATTACHMENT 5 EXHIBIT OF POLICE REPORTING DISTRICTS
Exhibit of Police Reporting Districts District 27 (55) District 22 (19) District 26 (71) District 23 (72) District 20 (154) District 25 (147) District 24 (70) District 21 (34) Number in Parenthesis Indicates Total Number of Crimes *Indicates High Crime District (Threshold is 160 crimes) - Subject Location
ATTACHMENT 6 EXHIBIT OF SENSITVE USES
Exhibit of Sensitive Uses - Subject Location - Parks - Schools - Churches
ATTACHMENT 7 400-FOOT RADIUS MAP & PUBLIC HEARING NOTICE
ATTACHMENT 8 SITE PHOTOGRAPHS SUBMITTED BY THE APPLICANT
ATTACHMENT 9 PROJECT DESCRIPTION SUBMITTED BY THE APPLICANT