City Council / Housing Authority
August 1, 2022

Planning Commission
May 25, 2022
Planning Commission
Planning Division Staff Report

DATE: May 25, 2022
TO: Chairperson and Members of the Planning Commission
FROM: Planning Division

REQUEST: Modification of Conditional Use Permit (MODCUP 16701-2021) and Conditional Use Permit (17057-2021)
Request for a Conditional Use Permit for the construction of a +/- 19,972 square foot commercial structure to replace an existing +/- 17,800 square foot commercial structure and a request to modify an existing conditional use permit for a Type 20 off-sale alcohol (beer and wine) license in conjunction with the proposed development located in an existing shopping center on a 3.26-acre parcel in the C-3 – General Commercial Zoning District and SB330 Overlay and designated Activity Center and Urban Neighborhood Place Types with T5 and T4-B Transects.

Executive Summary
The applicant is requesting a Conditional Use Permit to develop a +/- 19,972 square-foot commercial structure proposed to be used as an “ALDI” market, along with landscape and parking improvements on a 3.26-acre site, and to modify an existing conditional use permit for a Type 20 off-sale alcohol (beer and wine) license in conjunction with the proposed development. The subject parcel is currently developed with a commercial shopping center totaling +/- 48,060 square feet. The location of the proposed development will require the demolition of an existing 17,800 square-foot structure, previously occupied by a market. The proposed project is eligible for an exemption under State CEQA Guidelines Article 19, Section 15302, Class 2 (Replacement and Reconstruction) in that the project consists of the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. The requests comply with the applicable standards of the “C-3” General Commercial Zoning District with the SB330 Overlay and the provisions of Pomona Zoning Ordinance Section .5809.4 (Alcohol off-sale establishments). The requests also meet the General Plan goals and policies for the respective Place Types and Transect Zones and represent appropriate improvements within the established commercial center. Additionally, the proposed project scope includes the relocation of an existing roof-mounted wireless communication facility on the existing commercial structure proposed for demolition to the adjacent attached commercial structure; upon application, this will be reviewed by Staff as a Minor Wireless Communication Facility Permit.

CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
Staff Recommendation
Staff recommends that the Planning Commission move to close the public hearing and approve the requests per Staff’s recommendations as presented in the Draft Resolutions (Attachment 1-2).

Property Details
Related Actions
Historic
Preservation
N/A
Code
Compliance
Multiple active administrative code citations are on file with this property; all pertain to sidewalk vending.

Building &
Safety
1953 – Construction of 140 x 120 (16,800 sqft.) brick market building 1953 – Construction of 20 x 60 (1,200 sqft.) addition to market building 1960 – 4-store building approximately 15,466 square feet 1965 – Additional 880 square feet of sales area and 640 square feet of equipment mezzanine.
1976 – New 36 square foot metal sales building 4’ x 9’
1982 – Construction of new retail stores, approximately 8,640 square feet 1983 – Construction of new 13,440 square foot retail/shopping structure Planning PC Resolution No. 4972 – Environmental clearance for construction of additional retail shop space in an existing shopping center. Approved December 12, 1979.

PC Resolution No. 4973 – Variance to reduce parking requirements from 3/1 to 2/1 and reduce required setbacks from 25 feet to zero, strictly on the south development. Approved December 12, 1979.

PC Resolution No. 5969 – Variance for free standing sign. Approved August 8, 1984.

Address 1670 Indian Hill Boulevard
Assessor’s Parcel Number (APN) 8322-022-022
Lot Size 139,779 SF (3.26 AC)
General Plan Place Type Activity Center and Urban Neighborhood Place Types General Plan Transect Zone T5 (80 du/ac) and T4-B (20-40 du/ac) Zoning District C-3 – General Commercial zoning district and SB330 Overlay
Historic District N/A
Specific Plan N/A
City Council District 4
Applicant Ben Vesper, for ALDI Inc.

Property Owner Wind Chime Properties, L.P.

CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
PC Resolution No. 8531 – Conditional use Permit (CUP 97-006) to allow offsale beer and wine in conjunction with a full service supermarket. Approved May 14, 1997.

Location of Request
A. General Location
The subject site consists of a single parcel across an entire block approximately 139,779 square feet or about 3.26 acres in size. It is bounded by Indian Hill Boulevard to the west, San Bernardino Avenue to the north, Bonnie Brae Street to the east, and Verde Vista Avenue to the south. The parcel is currently developed with a commercial center totaling +/- 48,060 square feet. The building permit records of the Building and Safety Division indicate that the commercial buildings on site were constructed beginning with building permits for an 18,000 square foot market issued in 1953 and continued with significant additions in 1960, 1965, 1982, and 1983. Existing site photographs have been provided for Commission consideration as Attachment 3.

The existing commercial shopping center is developed with at least 12 tenant spaces and a detached locksmith kiosk situated in the parking lot. Tenants include multiple eating establishments, “MetroPCS,” “Family Dollar,” a laundromat, a nail salon, a dental office, and “Boostmobile.” The site currently consists of an asphalt surface parking lot primarily facing Indian Hill Boulevard with limited areas for parking along San Bernardino Avenue and to the rear of the buildings along Bonnie Brae Street. Some of the commercial buildings were approved with loading areas facing Bonnie Brae Street and Verde Vista Street, while some are nonconforming and did not require loading areas.
(continued on next page)
CUP 17057-2021, MODCUP 16701-2021
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Planning Commission
May 25, 2022
Figure 1. Location of Request
B. Adjacent Land Uses & Current Zoning
The subject parcel is located within the “C-3" General Commercial Zoning District and the SB330 Overlay. The intent and purpose of the “C-3” Zone is to serve as the central trading areas of the City; facilities permitted in this district are those that cannot and should not be dispersed into the smaller, more intimate shopping areas. In addition to the “C-3” Zone, the subject site is located within the SB330 Overlay, and has corresponding General Plan Transect designations of T5 and T4-B, which allow for 80 and 20-40 dwelling units per acre, respectively. The General Plan designations are Activity Center and Urban Neighborhood Place Types, further detailed below.

The properties immediately adjacent to the west, south, and northwest of the subject site are also zoned “C-3” General Commercial Zoning District with the SB330 Overlay as the C-3 zoning district extends along both sides of Indian Hill Boulevard in this area. The property south of San Bernardino Avenue
Bonnie Brae Street
Indian Hill Boulevard
Aerial Map
Verde Vista Avenue
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Planning Commission
May 25, 2022
the subject shopping center, across Verde Vista Avenue is developed as a rental car facility.

Directly across Indian Hill Boulevard exist a number of commercial uses permitted in the C-3 General Commercial zone including restaurants, beauty salons, a gas station, and convenience stores. Additionally, directly to the north is a bail bond office. The smaller properties to the northeast, east, and southeast are within the “R-1-7200” Single Family Residential zoning district and are developed with single dwellings. The adjacent neighborhood across Bonnie Brae Street and San Bernardino Avenue also consists of single dwellings.

The subject site is approximately 420 feet away from Montvue Park and approximately 675 feet away from Montvue Elementary School, which is located on Cordova Street to the west of the site and San Bernardino Avenue also to the west of the site.

Figure 2. Current Zoning
Zoning Map
C-3 General
Commercial with
SB330 Overlay
R-1-7200 Single
Family Residential
with SB330 Overlay
CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
C. General Plan Land Use

The Pomona General Plan identifies the location as “Activity Center” place type at the norther two-thirds of the parcel and “Urban Neighborhood” place type at the southern third of the property. The Activity Center’s role varies due to the location, visibility, access, and existing conditions of the site in order to establish a healthy distribution of retail activity. The Urban Neighborhood designation entails moderately intense clusters of development that contain a mix of uses. It is important to note that the requests are for conditional use permits primarily located within the Activity Center place type on the northern portion of the lot.

The Urban Neighborhood envisions infill development of housing, office, and lodging in buildings with residentially compatible physical characteristics to strengthen and stabilize a more consistent and valuable mixed-use neighborhood environment as well as smaller clusters continuing to be characterized by lower density residential development.

The Activity Center is envisioned as concentrations of development that are catalyzed by retail and other complementary uses where the mix and format of the latter are related to those of the retail uses. Goals of the Activity Center Place Type include improving the physical quality and shopping experience of existing and new activity centers, concentrating retail investment in centers that provide a variety of shopping environments conveniently serving the regional and local community and establishing patterns of retail centers that satisfy current and future market demands.

Since the type of development envisioned in this place type is tied to existing conditions and the various assets and constraints that are specific to each area, the proposed project fits in appropriately as it is proposing to demolish the existing commercial structure and replacing it with a development that will improve the physical quality of the shopping center, particularly benefiting the adjacent residential neighborhood. The proposed project would reintroduce a market need within the immediate vicinity to area where a market was previously located and then vacated. Among the conditions of approval in the draft PC Resolution (Attachment 1), the project scope will include street improvements including but not limited to the installation of a crosswalk across Bonnie Brae Street at San Bernardino Avenue. This will further integrate the new development with the existing adjacent single family residential neighborhood by creating safe access to pedestrians. The reconfigured landscaping as well as the additional number of parking spaces will serve to increase the quality and functionality of the site. (continued on next page)
CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
Figure 3. General Plan Land Use
Request Details
The applicant is requesting to construct a +/- 19,972 square-foot commercial building proposed to be used as an “ALDI” market, by replacing an existing 17,800 square-foot building. Representing a net increase of 2,172 square feet of building square footage. In conjunction with the proposed market, the applicant is requesting to modify an existing conditional use permit approved in 1997 to re-establish a Type 20 off-sale alcohol license for beer and wine, consisting of 140 square feet of floor area to be used for the display and storage of beer and wine and 558 square feet of floor area to be used for the sale of product at the registers. The site layout includes new and reconfigured landscape buffers from the existing site to San Bernardino Avenue and Indian Hill Boulevard, building orientation to the street, improved circulation and increased parking, and an improved driveway at the north General Plan
Place Type
Urban Neighborhood
Residential
Neighborhood
Activity Center
Neighborhood Edge
Residential
Neighborhood
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Planning Commission
May 25, 2022
point of entry. The proposed project will also require the construction of a decorative block wall along Bonnie Brae Street to help reduce any sound from delivery trucks, and the relocation and continued screening of an existing wireless communication facility to the immediately adjacent tenant space.

Figure 4. Proposed Site Plan
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1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
The proposed project includes the following on-site improvements:
 Complete restriping of stalls and partial repaving of asphalt in the parking lot;  Increased number of parking spaces from 150 to 155;
 Provide three new dedicated loading spaces for the site;  Improved parking, lighting, and landscaping to be closer in compliance with the City’s Water Efficient Landscaping Ordinance;
 An 8’ tall decorative block wall to help mitigate sound and sights of loading trucks, subject to a Minor Deviation Variance;
 And relocation of existing locksmith kiosk within the parking lot.

The proposed project includes the following off-site improvements:
 Widening the existing driveway entry along Bonnie Brae Street, to allow for truck turning movements within a single lane;
 Replacement of all damaged sidewalk, curb and gutter sections along public right of way around the subject site;
 Installation of crosswalks and bulb-outs at the corner of Bonnie Brae Street and San Bernardino Avenue;
 Reconstruction of medians on San Bernardino Avenue;
 Removal of the driveway entrance on Bonnie Brae Street to better facilitate on-site and off-site circulation;
 Relocate street light to accommodate widened driveway;  And if determined necessary by an illumination study, the installation of new roadway illumination to comply with City standards.

Staff Analysis

A. Applicable Code Sections
Pursuant to Pomona Zoning Ordinance (PZO) Section .580 Conditional Use Permits(CUP), the approval of a CUP by the Planning Commission is required for any new commercial facilities of four or more commercial units or lots greater than 20,000 square feet in size within all C Zones (C-1 Zone, C-2 Zone, C-3 Zone, C-C Zone, C-4 Zone and C-IND Zone). Separately, the approval of a CUP by the Planning Commission is also required for any alcohol off-sale establishments in the C-C zone, C-3 zone, and C-4 zones, pursuant to PZO Section .580 Conditional Use Permits. Section .360 of the PZO establishes development requirements for the C-3 (General Commercial) Zone, and Section .5809.4 of the PZO establishes development requirements for alcohol off-sale establishments.

The standards being applied for the replacement commercial structure from the Pomona Zoning Ordinance are: Section .363 Property Development Standards of the C-3 Zoning District, Section .503-H Off-street Parking Standards, Section .503-L Loading Space Requirements, Section .503-C Trash Facilities, Section .343(Q) Architectural Standards, CUP 17057-2021, MODCUP 16701-2021
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Planning Commission
May 25, 2022
Section .580.J Conditional Use Permits, Section, and the Water Efficient Landscape Ordinance.

Furthermore, the standards being applied for the request to modify an existing conditional use permit for a Type 20 off-sale alcohol (beer and wine) license in conjunction with the proposed development consist of Section .5809.4 Off-Sale of Alcoholic Beverages.

Compliance.

B. Code Compliance
Compliance with the Pomona Zoning Ordinance Section.360 C-3 General Commercial Zoning District, standards are provided in Table 1 one below.

Table 1: Development Standards
Standard C-3 Zone Requirement Proposed Project Compliance Determination
Lot Area No requirement 139,779 sf (+/- 3.26 AC) Yes
Lot Dimensions No requirement Existing Yes
Front Yard None required Approx. 30’ Yes
Side Yard None required Approx. 180’ Yes
Rear Yard None required Approx. 10’ Yes
Coverage 50% Maximum Approx. 36%
(+/- 50,232 sf)
Yes
Building
Separation
None required Attached shopping Yes
Building Height Two stories or 40’ Maximum 30’ to parapet Yes Off-Street Parking Subject to 503-H.F.4 Parking plan per parking study*
Yes
Walls & Fences Required 6’ decorative
masonry wall separating “C-3”
district from abutting
residential
Existing 3’ tall CMU block wall Nonconforming
Access Vehicular access from a street
or alley to off-street parking.

Provided four access points. Yes
Loading 3 Loading spaces required
10’ x 20’
Provided Yes
Trash Facilities Required Existing Nonconforming
Architectural
Standards
Required Sufficient Yes
Landscaping Minimum 15% of commercial
lots shall be landscaped

10.4% (Approx. 14,558 sf) Nonconforming
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Planning Commission
May 25, 2022
Analysis: Proposed Market

a. Northeast Corner Improvements
Figure 5. Northeast Section Existing Conditions and Improvements As illustrated in Figure 5, the northeast corner of the proposed site will undergo significant alteration to improve pedestrian and vehicular circulation and establish a better relationship between the private and public realms. The applicant proposes to remove 17 parking stalls north of the existing building facing San Bernardino Ave, and eliminate the drive aisle providing circulation from the curb cut (driveway) at San Bernardino Avenue into the rear of the site. A second curb cut at Bonnie Brae Street at the northeast corner of the site will also be eliminated, further preventing vehicular entry and exit at this location. In place of the removed parking stalls, new landscaping and handicap accessible ramping will be installed, along with a screened cart storage. To enhance the relationship between the private property and the public intersection at Bonnie Brae Street and San Bernardino Avenue, a new set of crosswalks and ramps will be installed, strengthening the walkability from eastern neighbors into the western commercial center.
b. Truck Trips and Circulation

Truck loading will be conducted at the rear of the proposed development and existing shopping center with access from Bonnie Brae Street. The applicant anticipates that one loading truck will be required to stock the market daily, assuming this ALDI location will be high performing. One loading truck delivery per day would be the maximum number of trips ALDI requires to stock high performing locations.

CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
Figure 6. Southeast Section Truck Loading Usage and Circulation As illustrated in Figure 6, to accommodate required truck delivery access from Bonnie Brae Street, the project has been conditioned to expand the existing driveway proposed to be utilized off Bonnie Brae and that an existing street light be relocated to the north to avoid potential conflict or contact with any loading truck maneuvering about the site. To reduce any noise impacts to neighboring residential uses from trucks accessing the site, an 8-foot high wall is to be constructed around the loading dock and primary loading space, which will also CUP 17057-2021, MODCUP 16701-2021
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Planning Commission
May 25, 2022
serve to screen truck loading and unloading from public view. Additionally, truck deliveries will be limited to only the day and will be prohibited from 11:00 PM to 4:00 AM to further reduce the impact of trucks to the residential uses across Bonnie Brae Street. Full project plans have been provided for Commission consideration as Attachment 4.

c. Parking Study

Figure 7. West Section Existing Conditions and Improvements

Figure 7 illustrates the proposed improvements to the parking lot. This primarily includes the partial repaving and complete restriping of the existing parking to accommodate an additional five customer parking spaces and three commercial loading spaces as well as a reconfiguration of the northeast portion of the parking lot (depicted in Figure 5) and providing for additional on-site and parking lot landscaping.

CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
Pursuant to Pomona Ordinance Section .503-H (Off-Street Parking), the number of parking spaces required for shopping centers and other retail uses with over 50,000 square feet of gross floor area may be provided through the justification of a parking study, prepared by a registered traffic engineer, in lieu of providing the number of parking spaces required by this section. The submitted parking study (Attachment 5) shows that the number of proposed parking spaces (155 spaces) satisfies the demand and need for parking for both the proposed use and existing shopping center. There are 150 existing parking spaces; after parking lot reconfiguration, the final number of proposed spaces is 155. According to the associated parking study, during peak operating hours for the site (between 5:00 PP and 8:00 PM on Saturdays), there is anticipated to be between 21 and 27 available parking spaces on site.

Analysis: Proposed Modification to Alcohol License
Compliance with the Pomona Zoning Ordinance Section .5809.4 Off-Sale of Alcoholic Beverages development standards are provided in Table 2 below.

Table 2: Development Standards in Section .5809.4 “Off-Sale Alcoholic Establishments” Standard Proposed Project Compliance
Determination
Plot plans, landscape and irrigation plans,
floor plans and elevations shall be
approved by the planning commission
Provided N/A
Off-Street Parking: for off-sale one parking
space shall be provided for 100 sq. ft. of
gross floor area
Sufficient Yes
Parking Lot Standards: Parking lots,
including the landscaping and lighting
thereof shall be installed and maintained
in accordance with city standards
Sufficient Yes
Proximity: The proposed location shall be
sufficiently removed from any existing
residential development or zoning and
any religious facility, school, park or
playground so as not to be detrimental to
that use
Sufficient Yes
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, as follows:
1) Off Street Parking: One parking space shall be provided for each 100 square feet of gross floor area for on-sale alcohol establishments. Approximately 140 square feet is proposed to be dedicated for the storage and display of alcohol and another 558 square feet used for the sale of product. Therefore a total of seven parking spaces are required for the off-sale of alcohol. This requirement is being met as a total of 155 parking spaces are proposed. The CUP 17057-2021, MODCUP 16701-2021
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Planning Commission
May 25, 2022
associated submitted parking study (Attachment 5) further indicates that the proposed number of spaces will more than adequately serve ALDI’s and the existing shopping center’s parking needs during peak hours.
2) Parking Lot: Parking lots, including landscaping and lighting, shall be installed and maintained per city standards. The parking lot is proposed to be improved to meet current city standards. Improvements include the reconfiguration of the parking spaces as well as re-striping to increase the number of spaces from 150 to 155 total spaces. The area dedicated to parking lot landscaping will also be increased to become closer in compliance with the Water Efficient Landscape Ordinance. An existing driveway at the north accessing Bonnie Brae Street will be removed and closed to better facilitate circulation on site. 3) Proximity: The proposed location shall be sufficiently removed from any existing residential development or zoning and any house of worship, school, park, or playground so as not to be detrimental to that use. The proposed establishment is directly across Bonnie Brae Street and San Bernardino Avenue from existing residential development and zoning and is approximately 610 feet away from Montvue Park and 862 feet away from Montvue Elementary School. The request is for a Type 20 license for the sale of beer and wine with conjunction with a market grocery store and will have measures in place to prohibit the sale of alcohol to youth. Though the proposed location is close in proximity to sensitive uses, because of sale of alcohol being accessory to the use of a market, it will not be detrimental to any nearby sensitive use. Additionally, the subject site had been in continuous operation from 1997 through 2020 as a full-service supermarket with the ancillary off-sale of beer and wine. The associated request to modify the existing conditional use permit is not introducing a new use to the area rather continuing a previously existing use.

Table 3: ABC Data on Off-sale alcohol licenses in Census Tract 4027.06 and 4027.03 Census Tract Existing Off-Sale Licenses Allowed Off-Sale Licenses Subject Census Tract
4027.06 4* 2
Adjacent Census Tract
4027.03 1 3
The California State Department of Alcoholic Beverage Control (ABC) defines an “undue concentration” of alcohol establishments as either the number of existing off-sale licenses exceeds the threshold of available off-sale licenses in the respective census tract, or the crime-reporting district is locally designated as “high crime.” According to the guidelines established by ABC, a total of two (2) off-sale licenses are allowed in the subject Census Tract No. 4027.06 before the tract is deemed to have undue concentration, as of August of 2021.

Currently, there are four (4) establishments with off-sale alcohol licenses in Census Tract 4027.06; “Alta Dena Express” dairy convenience store (Type 20), “7-Eleven” convenience store (Type 20), “Easy Day Liquor” (Type 21), and “Mike’s Liquor” (Type 21). A Type 20 – “Off- CUP 17057-2021, MODCUP 16701-2021
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Planning Commission
May 25, 2022
Sale Beer and Wine” alcohol license authorizes the sale of beer and wine for consumption off the premises where sold. A Type 21 – “Off-Sale General” alcohol license authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises for both license types.

The subject site is situated at the boundary of the adjacent Census Tract of 4027.03.

According to the guidelines established by ABC, a total of three (3) off-sale licenses are allowed within this Census Tract before being deemed to have undue concentration. Currently, there is one (1) active off-sale alcohol license, a “7-Eleven” convenience store (Type 20). A map showing the number and location of all active off-sale ABC licenses within both Census Tracts is provided for Commission consideration (Attachment 6).

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1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
Table 4: Police Reporting District Data (2021)
*Indicates “High Crime” Reporting District
The threshold for designating a “high crime” district was 99 crimes in 2021. This threshold is lower than in previous years due to 2021 being a continuing year of the COVID-19 pandemic.

The subject site is located in Police Reported District No. 16, which recorded a total of 120 Part I Offenses and Part II Arrests.

Census Tract Police Reporting District Part 1 & Part 2 Crimes Subject Census Tract
4027.06
17 55
18* 104*
16* (Subject District) 120*
Adjacent Census Tract
4027.03 19 93
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Planning Commission
May 25, 2022
Because the number of existing off-sale alcohol licenses exceeds the number licenses allowed by the ABC, and the respective police reporting district is designated high-crime, there is an undue concentration of off-sale alcohol establishments in the area. Therefore, a finding of Public Convenience or Necessity (PCN) will be required prior to the applicant submitting for a license to ABC at this property.

Public Convenience and Necessity (PCN)
A finding of public convenience or necessity will be determined by the City Council in cases of off-sale alcohol establishments. Staff does not find the reactivation of this license in this area to be detrimental to nearby sensitive uses and would support the finding of a PCN for the following reasons:
a. Reactivation of Existing License Poses Limited New Public Safety Risks. The previous use of a full-service supermarket with an ancillary use of the off-sale of beer and wine was discontinued in 2020 with the closure of Jimenez Ranch Market, according to City business license records. Due to the site being in continuous operation as a supermarket since 1997 with the approval of the existing conditional use permit allowing the off-sale of beer and wine, reactivating an off-sale license after two years of inactivity is distinct from establishing a new off-sale license in a location that has not historically had any alcohol sales, and poses a lower cumulative risk of public health and safety impacts.
b. Economic & Public Health Benefits Outweigh Public Safety Risks. Three of the four existing off-sale alcohol establishments in Census Tract 4027.06 and the one existing off-sale alcohol establishment in Census Tract 4027.03 are all located approximately 500 feet from the project proposal. Though this creates relative cluster of off-sale establishments, the proposed project is distinguished from the existing establishments as it is a supermarket as defined by the Pomona Zoning Ordinance as it sells a limited amount groceries including packaged food and fresh produce such as fruits and vegetables as well as other incidental items. No similar market currently exists in these two Census Tracts. ALDI has indicated that the economic viability of establishing a supermarket in this neighborhood is predicated on the ancillary sales of beer and wine; therefore, the economic and public health benefits to the community of bringing in a supermarket outweigh any new public safety risks created by approving the reactivation of the license.
c. Inherent Concentration of Licenses at a Key Commercial Intersection. The two Census Tracts have a majority of their areas designated as Residential Neighborhood Place Types by the Pomona General Plan. This designation generally limits development to residential uses. Other designations such as the Urban Neighborhood, Activity Center and Neighborhood Edge Place Types are limited to San Bernardino Avenue and Indian Hill Boulevard. These Place Types allow for a mix of uses, including commercial, however most of the properties within these two Census Tracts are either smaller in CUP 17057-2021, MODCUP 16701-2021
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size or already developed as residential uses. Though these designations will likely allow for a greater mix and range of uses beyond residential in the future, the existing built environment has historically restricted commercial development to relatively smaller contiguous stretches of Indian Hill Boulevard and inevitably led to the establishment multiple off-sale alcohol establishments within close proximity. All four existing near-by off-sale alcohol establishments are convenience type uses, which differ in scale and impact, and in the range of services provided to the consumer. The nearest supermarket use to this area is outside the Pomona within Claremont. In other words, a literal Census Tract concentration interpretation of this area does not prove helpful, as the concentration is a byproduct of available commercial zoning in the area, and not the boundaries of the census tract itself.

Staff believes that the benefit of introducing a market of this kind to an area of the City that does not currently one demonstrates a public convenience or necessity, and that as the economic viability of establishing an ALDI market is predicated on the ancillary sales of beer and wine, that the economic and public health benefits ultimately outweigh the risks of activating another beer and wine license at this intersection. To further reduce the potential public safety risks of activating such a license, the entitlement has been conditioned to regulate sales, display, hours, security, and other variables that will mitigate public safety and health risks from the new sale of alcohol in the area.

Table 5: Proximity to Sensitive Uses
Type Sensitive Use
Distance
PL to PL
Distance
Bldg. to Bldg.

Residential Single Family Homes 60 ft. 107 ft.

Residential Multi-family Residences 266 ft. 465 ft.

Residential Attached Condominiums 260 ft. 450 ft.

House of
Worship
Lincoln Avenue Community
Church 103 ft. 250 ft.

House of
Worship Buddha Panya Society 1,372 ft. (0.26 miles) 1,650 ft. (0.31) House of
Worship Shanthi Vihara Buddhist Center 2,196 ft. (0.42 miles) 2,400 ft. (0.45 miles) House of
Worship Holy Missionary Baptist Church 3,590 ft. (0.68 miles) 3,785 ft. (0.72 miles) School Montvue Elementary School 675 ft. 862 ft.

School Allison Leroy Elementary School 3,640 ft. (0.69 miles) 3,950 ft. (0.75 miles) School Kingsley Elementary School 3,110 ft. (0.59 miles) 3,735 ft. (0.71 miles) Park Montvue Park 420 ft. 610 ft.

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Planning Commission
May 25, 2022
Group Care/
Transitional
Housing
Sunshine Manor 770 ft. 1,120 ft.

School Montclair High School
(Montclair)
3,915 ft. 4,390 ft.

School Lehigh Elementary School
(Montclair)
3,050 ft. 3,190 ft.

School San Antonio High School
(Claremont)
2,800 ft. 2,870 ft.

Park Sunset Park (Montclair) 2,895 ft. 3,000 ft.

Park Montclair Community Garden
(Montclair)
3,650 ft. 3,685 ft.

Park Wilderness Park (Montclair) 3,735 ft. 3,765 ft.

Park Rancho San Jose Park
(Claremont)
2,690 ft. 2,815 ft.

Pursuant to Zoning Ordinance Section .5809, the subject site should be “sufficiently removed” from sensitive uses so that the proposed alcohol sales will not be detrimental to these uses.

Sensitive uses including, residential neighborhoods, schools, houses of worship, and parks have been evaluated in the area.

In this particular case, a conditional use permit currently exists to allow for the off-sale alcohol of beer and wine and a Type 20 alcohol license has been active within previously existing full service markets at this location periodically since May of 1997 (Attachment 7). The request to modify the existing conditional use permit to increase sales area and re-establish a Type 20 alcohol license will not constitute as a new use or impact to the area.

The market and shopping center sit directly across San Bernardino Avenue and Bonnie Brae Street from single-family residential neighborhoods to the east, northeast, and southeast.

Multi-family residences are located approximately 456 feet to the northwest. Montvue Park and Montvue Elementary School are located approximately 420 feet and 675 feet from the subject site respectively.
(continued on next page)
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Planning Commission
May 25, 2022
Figure 8. Licensed Premises Diagram
The impact of the proposed project on these uses will be minimal because the sale of alcohol will be an ancillary use to the grocery store and market and will it will be stored, displayed, and sold in an interior controlled environment with conditions that address site security. As illustrated in Figure 8 in the Licensed Premises Diagram (Attachment 8), a total of 140 square feet is proposed to be dedicated for the display and storage of alcohol with another 558 square feet used for the sale of product. The area utilized for the storage and display of beer and wine constitutes approximately 0.7% of the proposed building and will be ancillary to the use of the market. Among the conditions related to this use are requiring that the display of any alcohol be limited to the 140 square feet in the proposed site plan, that there be no exterior signage advertising the sale of alcohol, that the storage and display of alcohol be in the rear of the market away from any point of sale to reduce any potential for theft of alcohol.

These conditions are provide added protection against the impacts to nearby sensitive uses as they are beyond what was originally conditioned in 1997 with PC Resolution No. 8531 for the existing conditional use permit.

Findings
In analyzing a Conditional Use Permit, Staff reviews five findings of fact that the Planning Commission must make to approve such requests. These findings must be made separately CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
for the conditional use permit (CUP 17057-2021) and the modification to a conditional use permit (MODCUP 16701-2021). The analyses related to each of these findings are as follows:

1. That the proposed use at the particular location will contribute to the general wellbeing of the neighborhood or community.

CUP 17057-2021: The construction of a commercial structure and its proposed use as a market and grocery store will provide a beneficial service and convenience to nearby neighborhoods and to the public and will re-establish a missing grocery need in the immediate vicinity. This particular location will contribute to the general wellbeing of the neighborhood and surrounding community because the location consists of an established commercial center that is an anchor for the area. The creation of a 19,972 square foot market will strengthen the Activity Center and will serve the local community.

MODCUP 16701-2021: The sale of alcoholic beverages (Off-Sale Beer and Wine – Type 20 ABC license) for off-site consumption will enhance the operation of the market by providing a service and convenience to the public. It will provide a safe location for the off-sale of Beer and Wine in conjunction with produce, packaged food, and incidental items. The sale of alcohol will be incidental to the primary use, which is a grocery store/market. Furthermore, the addition of alcohol to the services provided will help ensure the economic viability of the market, thus increasing the likelihood that the business will continue operating and providing commercial opportunities and fresh produce and food to local residents. The (Off-Sale Beer and Wine – Type 20) alcohol license will not negatively affect the general welfare of the neighborhood, as it will be sold within a controlled environment and with limited display and points of sales.

2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity or detrimental to the use, valuation or enjoyment of property or improvements in the vicinity.

CUP 17057-2021: The proposed redevelopment of the existing vacant market will improve the overall site and not be detrimental to the surrounding uses, as it will reintroduce an identified need for a grocer within the neighborhood. As a means to reduce potential noises associated with deliveries, truck deliveries have been conditioned to only the day time and prohibited between 11:00 PM – 4:00 AM, and the operator must otherwise comply with all applicable City noise standards. In addition to restricting delivery times, a decorative block wall to screen deliveries and the dock from view will be constructed along Bonnie Brae Street, which will also serve to help reduce any sound created from said truck deliveries. Additionally, the increased number of parking spaces from 150 to 155 will help to accommodate any increase in customer traffic. The proposed dedication of three new commercial loading spaces will benefit not only the requested use but the entire existing site as no dedicated commercial loading spaces currently exist.

MODCUP 16701-2021: 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 CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
project is in substantial conformance with the development standards and use requirements of the Pomona Zoning Ordinance. The project will not be detrimental to the use, valuation, and enjoyment of property and improvements in the vicinity since the sale of alcohol is within the indoor controlled environment and will only be ancillary to the use of a market.

Additionally, the applicant’s request will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity because it is a re-establishment of a previously existing (On-sale beer and wine – Type 20) alcohol license.

3. That the site for the proposed use is of adequate topography, size and shaped to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to allow said use with the land and uses in the neighborhood and make it compatible thereto.

CUP 17057-2021: The subject site is of adequate topography, size and shape to accommodate said use, along with other necessary features to allow said land use in the neighborhood. The subject site is approximately 139,779 square feet and, after the proposed project, will have approximately 50,232 square feet of development, or about 36% coverage, well under the allowed 50% lot coverage maximum for this particular zoning district. Primary loading is being contained on-site at the rear and will be screened from view of the adjacent residential uses with an eight-foot decorative masonry block wall, which will also serve to reduce any sound from associated truck deliveries. The submitted parking study indicates that the existing number of parking stalls is sufficient for the commercial center and the proposed development, however the applicant is providing an additional five parking spaces beyond existing, to further accommodate any future vehicular traffic to the site. An additional three loading spaces are proposed, as required by the development standards, to dedicate loading space for the proposed market as well as other existing commercial spaces. The site is sufficient enough in size to accommodate all of the development standards of the Pomona Zoning Ordinance with exception to landscaping. The existing site is deficient in landscaping according to the Water Efficient Landscape Ordinance however the applicant is proposing to reconfigure the parking lot landscaping to become closer in compliance to City requirements.

MODCUP 16701-2021: The subject site was issued a conditional use permit for the off-sale of alcohol in conjunction with a full-service market in 1997 and has continued the use operation with only changes in tenants and a few periods of vacancy. The structure is approximately +/- 19,972 square feet of interior floor area and will have about 140 square feet dedicated for the storage and display of beer and wine. The site has an exterior surface parking lot with 150 existing spaces with 155 parking spaces and three commercial loading spaces proposed. This increase in customer parking and commercial loading spaces will serve to better facilitate on-site vehicular circulation.

4. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use.

CUP 17057-2021: The subject site is located at the intersection of two minor arterial streets, Indian Hill Boulevard and San Bernardino Avenue, both of which are capable of accommodated any additional vehicle trips generated by the proposed use. Moreover, the CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
subject site is located adjacent to a Foothill Transit bus stop, further increasing accessibility to the site. This request also involves a condition from the City to reconstruct a section of the median on San Bernardino Avenue, as well as a bulb-out, to install a dedicated crosswalk across Bonnie Brae Street to serve as a pedestrian-only access to the site from the adjacent single-family residential neighborhood. The increased connectivity to the adjacent neighborhood will encourage walking to the commercial shopping center from nearby homes.

This request involves the replacement of a commercial structure; however a market has periodically existed on this site since 1997, so though the proposed project is larger than the existing structure by 2,172 square feet, it is not a use that is new to the site or area. Other off-site improvements to the public right-of-way include improving current street-lighting to meet City standards and repairing damaged or broken curbs, gutters, and sidewalks around the subject site.

MODCUP 16701-2021: The subject site is located at the intersection of two minor arterial streets, Indian Hill Boulevard and San Bernardino Avenue, both of which are capable of accommodating any additional vehicle trips generated by the proposed use. Moreover, the subject site is located adjacent to a Foothill Transit bus stop, further reducing the number of vehicular trips. The requested use of alcohol sales is ancillary to the use of a market.

5. That the granting of such conditional use permit will not adversely affect the General Plan of the city, or any other adopted plan of the city and conforms to the provisions of the zoning ordinance.

CUP 17057-2021: The proposed request is within the “Activity Center” and “Urban Neighborhood” Place Type designations under the Pomona General Plan. The project conforms to the goals and policies found in the General Plan for these particular designations.

The proposed project specifically meets Goal 6A.G8 for “Activity Center,” which reads “Improve the physical quality of existing neighborhood centers throughout the City, particularly those within or next to residential neighborhoods.” This goal is being satisfied as the project scope includes increased connectivity with the existing shopping center and the existing adjacent neighborhood by adding a dedicated crosswalk and the addition of a pedestrian access point from Bonnie Brae Street. This also serves to satisfy Activity Center Policy 6A.P3, to “create attractive, walkable streetscape environments that support shopping, entertainment, community, and pedestrian activity.” Among other improvements the project includes reconfiguring the parking lot landscaping, parking spaces, and reconstructing the existing vacant market, all serving to improve the physical quality and vitality of the existing neighborhood center.

MODCUP 16701-2021: The proposed request is within the “Activity Center” and “Urban Neighborhood” Place Type designations under the Pomona General Plan. The project conforms to the goals and policies found in the General Plan for these particular designations, specifically to “Improve the physical quality and shopping experience of existing and new activity centers throughout the City” (Goal 6A.G3), as the proposed action would aid the success of the market, and would continue to support the quality and vitality of the existing commercial shopping center.

CUP 17057-2021, MODCUP 16701-2021
1670 Indian Hill Boulevard

Planning Commission
May 25, 2022
C. Environmental Review
The City of Pomona, as lead agency, has conducted an environmental review on the proposed project per the California Environmental Quality Act (CEQA). Pursuant to the provisions of CEQA (Public Resources Code, Section 21084 et. seq.), the guidelines include a list of classes of projects which have been determined not to have a significant effect on the environments and which shall, therefore, be exempt from the provisions of CEQA. The proposed project meets the criteria for a Class 2 (Replacement or Reconstruction) Categorical Exemption pursuant to Article 19, Section 15302 in that the proposed project described above meets the guidelines for these exemptions in that the project consists of the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. The proposed project described above involves the demolition of a 17,800 squarefoot commercial structure used as a market to be replaced with a 19,972 square-foot commercial structure to be used as a market and meets the guidelines for a Categorical Exemption therefore no further environmental review is required.

Public Communication
A copy of the public hearing notice was published in the Inland Valley Daily Bulletin on May 14, 2022 and was sent to the owners and occupants of properties within a 400-foot radius of the subject site on May 12, 2022 (Attachment 9) As of the date of this report, staff has not received any comments in opposition to the proposed project.

Attachments

1. Draft PC Resolution

2. Draft PC Resolution

3. Site Photographs

4. Proposed Plans

5. Parking Study

6. Census Tract & Police District Exhibit

7. Conditional Use Permit 97-006 (PC Reso. No. 8531)

8. Licensed Premises Diagram

9. Proof of Publication & Mailing

10.PC Presentation
Submitted and prepared by:

Alan Fortune
Assistant Planner
DRAFT PC RESOLUTION NO. 22-015

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

POMONA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP 17057-2021) FOR THE CONSTRUCTION OF A 19,972 SQUARE FOOT COMMERCIAL STRUCTURE TO REPLACE AN EXISTING 17,800 SQUARE

FOOT COMMERCIAL STRUCTURE WITH ASSOCIATED ON-SITE
IMPROVEMENTS, AND ASSOCIATED PARKING STUDY, LOCATED AT 1670 INDIAN HILL BOULEVARD (APN 8322-022-022).

WHEREAS, the applicant, Ben Vesper, for ALDI Inc., has filed an application for a Conditional Use Permit (CUP 17057-2021) to construct an approximately 19,972 square foot commercial structure to replace an existing 17,800 square foot commercial structure as well as associated on-site improvements at an existing shopping center located at 1670 Indian Hill Boulevard (APN 8322-022-022);
WHEREAS, the subject site is currently located within the C-3 General Commercial Zoning District and SB330 Overlay;
WHEREAS, the subject site is currently designated “Activity Center,” “Neighborhood Edge,” and “Urban Neighborhood” Place Types as well as “T4-A,” “T4-B,” and “T5” Transect Zones by the City’s General Plan;
WHEREAS, the approval of a Conditional Use Permit by the Planning commission is required for the development of commercial facilities of four or more commercial units or more than 20,000 square feet of lot area, pursuant to Section .580 of the Pomona Zoning Ordinance; WHEREAS, the approval of a Parking Study by the Planning Commission is required, pursuant to Section .503-H 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 May 25, 2022, concerning the requested Conditional Use Permit (CUP 17057-2021);
WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Pomona, California:

SECTION 1. The Planning Commission, exercising their independent judgment, has determined that, pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA), the project is Categorically Exempt under Section 15302, (Class 2 – Replacement or Reconstruction) in that the proposed project consists of the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.

Draft PC Resolution No. 22-015
CUP 17057-2021 – 1670 Indian Hill Boulevard

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 five (5) findings in order to approve Conditional Use Permit (CUP 17057- 2021). 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 construction of a commercial structure and its proposed use as a market and grocery store will provide a beneficial service and convenience to nearby neighborhoods and to the public and will re-establish a missing grocery need in the immediate vicinity. This particular location will contribute to the general wellbeing of the neighborhood and surrounding community because the location consists of an established commercial center that is an anchor for the area. The creation of a 19,972 square foot market will strengthen the Activity Center and will serve the local community.

2. That such use will not, under the circumstances of the particular case be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity or detrimental to the use, valuation or enjoyment of property or improvements in the vicinity.

The proposed redevelopment of the existing vacant market will improve the overall site and not be detrimental to the surrounding uses, as it will reintroduce an identified need for a grocer within the neighborhood. As a means to reduce potential noises associated with deliveries, truck deliveries have been conditioned to only the day time and prohibited between 11:00 PM – 4:00 AM, and the operator must otherwise comply with all applicable City noise standards. In addition to restricting delivery times, a decorative block wall to screen deliveries and the dock from view will be constructed along Bonnie Brae Street, which will also serve to help reduce any sound created from said truck deliveries.

Additionally, the increased number of parking spaces from 150 to 155 will help to accommodate any increase in customer traffic. The proposed dedication of three new commercial loading spaces will benefit not only the requested use but the entire existing site as no dedicated commercial loading spaces currently exist.

3. That the site of the proposed use is of adequate topography, size and shaped to accommodate said use as well as all yards spaces, walls, fences, parking, loading, landscaping and any other features necessary to allow said use with the land and uses in the neighborhood and make it compatible thereto.

Draft PC Resolution No. 22-015
CUP 17057-2021 – 1670 Indian Hill Boulevard

The subject site is of adequate topography, size and shape to accommodate said use, along with other necessary features to allow said land use in the neighborhood. The subject site is approximately 139,779 square feet and, after the proposed project, will have approximately 50,232 square feet of development, or about 36% coverage, well under the allowed 50% lot coverage maximum for this particular zoning district. Primary loading is being contained on-site at the rear and will be screened from view of the adjacent residential uses with an eight-foot decorative masonry block wall, which will also serve to reduce any sound from associated truck deliveries. The submitted parking study indicates that the existing number of parking stalls is sufficient for the commercial center and the proposed development, however the applicant is providing an additional five parking spaces beyond existing, to further accommodate any future vehicular traffic to the site. An additional three loading spaces are proposed, as required by the development standards, to dedicate loading space for the proposed market as well as other existing commercial spaces. The site is sufficient enough in size to accommodate all of the development standards of the Pomona Zoning Ordinance with exception to landscaping. The existing site is deficient in landscaping according to the Water Efficient Landscape Ordinance however the applicant is proposing to reconfigure the parking lot landscaping to become closer in compliance to City requirements.

4. That the site abuts streets and highways are adequate in width and improvements to carry traffic generations typical of the proposed use.

The subject site is located at the intersection of two minor arterial streets, Indian Hill Boulevard and San Bernardino Avenue, both of which are capable of accommodated any additional vehicle trips generated by the proposed use. Moreover, the subject site is located adjacent to a Foothill Transit bus stop, further increasing accessibility to the site. This request also involves a condition from the City to reconstruct a section of the median on San Bernardino Avenue, as well as a bulb-out, to install a dedicated crosswalk across Bonnie Brae Street to serve as a pedestrian-only access to the site from the adjacent singlefamily residential neighborhood. The increased connectivity to the adjacent neighborhood will encourage walking to the commercial shopping center from nearby homes. This request involves the replacement of a commercial structure; however a market has periodically existed on this site since 1997, so though the proposed project is larger than the existing structure by 2,172 square feet, it is not a use that is new to the site or area.

Other off-site improvements to the public right-of-way include improving current streetlighting to meet City standards and repairing damaged or broken curbs, gutters, and sidewalks around the subject site.

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 proposed request is within the “Activity Center” and “Urban Neighborhood” Place Type designations under the Pomona General Plan. The project conforms to the goals and policies found in the General Plan for these particular designations. The proposed project specifically meets Goal 6A.G8 for “Activity Center,” which reads “Improve the physical Draft PC Resolution No. 22-015
CUP 17057-2021 – 1670 Indian Hill Boulevard

quality of existing neighborhood centers throughout the City, particularly those within or next to residential neighborhoods.” This goal is being satisfied as the project scope includes increased connectivity with the existing shopping center and the existing adjacent neighborhood by adding a dedicated crosswalk and the addition of a pedestrian access point from Bonnie Brae Street. This also serves to satisfy Activity Center Policy 6A.P3, to “create attractive, walkable streetscape environments that support shopping, entertainment, community, and pedestrian activity.” Among other improvements the project includes reconfiguring the parking lot landscaping, parking spaces, and reconstructing the existing vacant market, all serving to improve the physical quality and vitality of the existing neighborhood center.

SECTION 4. Based upon the above findings, the Planning Commission hereby approves Conditional Use Permit (CUP 17057-2021) and associated Parking Study 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 23, 2022, and as illustrated in the stamped approved plans dated February 23, 2022. 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 Division Manager.

2. 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 Draft PC Resolution No. 22-015
CUP 17057-2021 – 1670 Indian Hill Boulevard

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.

3. In case of a violation of any of the conditions of approval and/or City law, the property owner and tenant will be issued a Notice of Correction. If said violation is not remedied within a reasonable period of time and/or a subsequent violations of the conditions of approval and/or City law occurs within ninety (90) days of any Notice of Correction, the property owner shall be held responsible to reimburse the City for all staff time directly attributable to enforcement of the conditions of approval and/or City law,

4. The project is subject to a twenty (20) day appeal period. Written appeals may be filed with the City Clerk within twenty (20) days by one or more City Council members, the applicant, or any person owning property within four hundred (400) 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 or by June 14, 2022.

5. This approval shall lapse and become void if the privilege authorized is not utilized within one year from the date of this approval (May 25, 2023), in accordance with Pomona Zoning Ordinance (PZO) section .580.I. The Planning Commission may extend this period for one year upon receipt of an application for a Time Extension request submitted by the applicant at least thirty days before the expiration date of this approval.

6. Within six months from the date of approval, Applicant shall file for a Conditional Use Permit Inspection Request and pay applicable fees. Upon receipt of such Inspection Request, the Development Services Director shall conduct an inspection of the proposed operation and review any complaints received on the property. The Director shall determine if the applicant is satisfactorily in compliance against all conditions of approval identified in this Resolution. The Development Services Director may, at his or her discretion, approve or deny Inspection Requests. If noncompliance is determined, the Director may schedule the matter for review by Planning Commission to consider bringing revocation proceedings. Applicant shall file for subsequent Conditional Use Permit Inspection Requests on an annual basis.

Plan Check

7. The applicant shall include all conditions of approval from Conditional Use Permit (CUP 17057-2021) on the title sheet of construction plans prior to plan check submittal. Plans shall be consistent with all required development standards in the PZO as applicable.

Draft PC Resolution No. 22-015
CUP 17057-2021 – 1670 Indian Hill Boulevard

8. The site plan shall include all utility apparatus, such as but not limited to, backflow devices and electric transformers. Utility meters shall be screened from view from public right-of-ways.

Backflow prevention devices shall not be located in the front yard setback and shall be screened from public view. The site plan and elevations shall include the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items. If located on a building, utilities and/or equipment must be architecturally integrated with the design of the building, non-obtrusive, not interfere with sidewalk areas, and comply with required setbacks.

9. The installation of fences or walls will require the submittal of a “Fence and Wall Permit” application for review and approval by the Planning Division. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Division. Double walls shall be avoided to the extent feasible. The applicant shall coordinate with the adjacent property owner(s) and make reasonable attempts to construct one common property line wall.

10. The installation of signage shall require the submittal of a “Sign Permit” application for review and approval by the Planning Division. Any proposed signs shall be consistent with PZO.

11. Prior to the issuance of any building permits, a Landscape Plan Check in substantial conformance to the conceptual landscaping plan submitted as part of the Conditional Use Permit Process. Plan should further conform to the State Model Water Efficient Landscape Ordinance, and applicable portions of Section .503-J of the PZO. A landscaping maintenance bond shall be required and held for a period of one year to ensure the project’s compliance with the approved landscaping, at an amount to be determined by the Development Services Director.

12. The applicant shall conform to Section .5809-24 of the PZO pertaining to public art requirements for private development by complying with one of the following two options:

I. Placement of an approved Public Art on the Project site. a) The Applicant may decide to place an approved Public Art on a private development site. The Public Art, and all eligible expenditures associated with installation of the Public Art (as described in the Manual), shall be in an amount equal to or in excess of the Public Art Allocation.
b) A Final Design Plan of the Public Art to be installed on Project site shall be approved by the Commission before issuance of a building or grading permit for the Project.
c) The Public Art shall be installed on the Project site before issuance of a Certificate of Occupancy, including any temporary Certificate of Occupancy, for the Project. In cases where the Public Art cannot be installed on the Project Draft PC Resolution No. 22-015
CUP 17057-2021 – 1670 Indian Hill Boulevard

site before issuance of a Certificate of Occupancy, the Applicant may post a cash bond to assure installation of the Public Art. The cash bond shall be in an amount equal to the Public Art Allocation or an amount based on any remaining, unexpended artwork budget as determined by the Community Development Director. The bond shall not be released until the Public Art has been completed and installed on the Project site in accordance with the approved Final Design Plan.

II. Payment of an In-lieu Contribution.
a) Rather than place an approved Public Art on the Project site, the Applicant may choose to pay an In-lieu Contribution. The In-lieu Contribution shall be submitted to the City and deposited into the Public Art Fund before issuance of any building or grading permit for the Project.

III. Use of In-lieu Contributions shall comply with the following:
b) In-lieu Contributions shall be used for the acquisition and installation of Public Art on public or private property in the City, except that up to 1/3 of the In-lieu Contribution may be used for maintenance of the proposed Public Art or an existing Public Art that is listed on the City’s registry of Public Art. c) In-lieu Contributions may be aggregated with other funds contained in the Public Art Fund for the purpose of providing a single qualifying Public Art project.

13. Lighting of the premises shall be maintained so that a minimum of one foot-candle of illumination for all exterior portions of the site is maintained during all hours of operation.

Said lights shall be property directed and shielded to prevent any stray light on adjacent properties.

14. Before issuance of a zoning clearance and business, 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.

Site Development & Maintenance

15. During demolition, grading, site development, and/or construction, all requirements of the PZO and Municipal Code, including the noise provisions, shall be adhered to. All activities including truck deliveries associated with construction and grading will be limited to Monday through Saturday, between 7:00 a.m. and 8:00 p.m., and provided the noise level created by such activities do not exceed the noise standard of 65 dB(A) plus the limits specified in section Draft PC Resolution No. 22-015
CUP 17057-2021 – 1670 Indian Hill Boulevard

18-311(b) as measured on residential property and any vibration created does not endanger the public health, welfare, and safety.

16. 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.

17. The construction area shall be kept clean at all times prior to, during, and after construction.

18. The property owner shall remove any graffiti on the project site within 24 hours of discovery.

The paint utilized to cover the graffiti shall 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.

19. 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.

20. All landscaping shall be maintained in a neat and clean manner, and in conformance with the approval of Conditional Use Permit (CUP 17057-2021).

21. The property shall be maintained free of weeds and debris prior, during and after the construction period.

22. The 8-high wall proposed to be constructed to reduce noise and visual impacts of delivery trucks at the loading dock shall be composed of decorative masonry block or stucco’ed.

23. A Minor Deviation Variance shall be required for the 8-high decorative block wall constructed at loading. A Minor Deviation Variance shall be required for any wall exceeding not more than 20% of the 6-high maximum requirement for walls and fences.

24. A Minor Wireless Communication Facility Permit shall be submitted with the Planning Division prior to the demolition or relocation of any existing roof mounted wireless communication facility on the structure proposed for demolition.

25. The commercial kiosk functioning as a locksmith shall be relocated and reconstructed.

26. Truck deliveries to the proposed market shall be limited to once a day (excluding deliveries from outside vendors) and shall be prohibited between the hours of 11:00 PM and 4:00 AM.

Draft PC Resolution No. 22-015
CUP 17057-2021 – 1670 Indian Hill Boulevard

27. Any future substantial modifications to the site, including substantial reconfiguration the approved parking lot, will require approval of a modification to the Conditional Use Permit by Planning Commission.

28. Before the issuance of a business license, the applicant shall submit an abandoned shopping cart prevention plan, in accordance with City of Pomona Ordinance 3996 for the Prevention and Abatement of Abandoned Shopping Carts.

BUILDING AND SAFETY DIVISION

29. This project must comply with 2019 California codes

30. The undergrounding of utility facilities is required. (PMC 62-31)

31. The design must be reviewed and stamped by an architect or engineer licensed in the State of California – (Business and Professions code Sections 5537, 5538 and 6737.1)

32. A building permit shall be obtained for the proposed construction and site development.

The design of the building shall comply with the 2019 California Building Codes.

33. All grading shall conform to the 2019 California Building Code, and all other relevant laws, ordinances and resolutions governing grading as adopted by the City of Pomona. The applicant shall obtain a grading permit from the Building & Safety Division prior to commencing any grading or site excavation.

34. Geotechnical and/or soils reports required in order to obtain a grading permit shall be submitted to the Building Official for review and approval prior to issuance of a grading permit. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City of Pomona.

35. All proposed work shall comply with the 2019 California Energy Code and all other relevant laws, ordinances and resolutions governing Energy conservation as adopted by the City of Pomona.

36. Proposed project shall comply with the 2019 California Green Building Standards Code and all other relevant laws, ordinances and resolutions governing sustainable design as adopted by the City of Pomona.

37. Project must comply with EV Charging requirements as designated on the California Green Building Standards. Section 5.106.5.3

38. Project must comply with Grading and Paving requirements designated on the California Green Building Standards. Section 5.106.10. These include the following:
a. Swales
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CUP 17057-2021 – 1670 Indian Hill Boulevard

b. Water collection and disposal systems
c. French drains
d. Water retention gardens
e. Other measures which keep surface water away from other buildings and aid in ground water recharge.
f. Exception: Additions and alterations not altering the drainage path.

39. Separate demolition plan showing erosion control and permit is required for demolition work.

40. Asbestos testing and abatement (if required) must be conducted prior to the issuance of demolition permit.

41. Proposed project shall be sprinklered and comply with all other relevant laws, ordinances and resolutions governing residential sprinklers as adopted by the City of Pomona.

42. Building Department comments and conditions are subject to plan check. Comments are based on information provided.

43. Fence and wall plan required.

PUBLIC WORKS DEPARTMENT – LAND DEVELOPMENT
The following conditions and public improvements, as well as all applicable plan check fees, permit fees and bond deposits shall be complied with, completed and paid for by the Developer in accordance with the City standards, fee schedules and applicable laws1.

All the required plans, studies and calculations shall be performed by a registered civil engineer or other registered/licensed professional as required, and submitted for review and approval of the City Engineer.

Improvement plans requirements

44. Applicant/Developer shall submit the grading, drainage and erosion control plans for review and approval by the Public Works, Planning and Building and Safety Departments. a. The plans shall be a minimum of 1”= 10’ scale to clearly show all the details; the plans shall be submitted on 24” x 36” sheet size with a standard City title block. b. One-foot topographic contours of the site must extend a minimum of 15 feet beyond the boundary lines.
c. The plans shall include sufficient cross sections to show all block wall locations, parkway width and all permanent facilities that might require maintenance and access easements.
d. Drainage configurations on the existing adjacent properties shall not be altered, redirected or modified in any way.

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45. Prior to issuance of the grading permit the Applicant/Developer shall submit written notifications of to the (non-City) property owners as indicated on the Planning Commission meeting notification list regarding the direct and indirect impact associated with the proposed construction. The notification shall include a statement confirming that the existing public services (sewer, water, storm drain) to adjacent property owners will not be affected by the proposed development and outline the City approval process (City review, public notification, CUP approval, plans on record, etc.). The proposed development shall accept the conveyance of the existing offsite drainage.

46. Prior to the issuance of the grading permit the Applicant/Developer shall provide noninterference letters from all applicable utility agencies for all utility easements located within the areas subject to grading activities. All such documents shall be subject to review and approval by the City Engineer.

47. Prior to issuance of the grading permit the Applicant/Developer shall submit a soils and geologic report to address the soil’s stability and geological conditions of the site.

48. Applicant/Developer shall prepare a detailed hydrology study based on a 50-year storm event and a hydraulic analysis of the existing and proposed drainage conveyance capacity.

The Developer is responsible to comply with the approved hydrology/hydraulic study recommendations necessary to meet minimum Federal, State, County and City requirements. The hydrology/hydraulic study shall be approved prior to the approval of the grading plan.

6. Prior to issuance of the grading permit Applicant/Developer shall develop and obtain the City approval of the final Standard Urban Stormwater Mitigation Plan (SUSMP) for the proposed project. The SUSMP shall be prepared in accordance with the City of Pomona’s Low Impact Development (LID) Ordinance, the City of Pomona’s Green Streets Policy and the Los Angeles Region NPDES MS4 Permit No. CAS004001, Order No. R4-2012- 0175 which includes:
a. Site Design BMPs;
b. Source Control BMPs; and
c. Treatment Control BMPs.

Applicant/Developer shall utilize the County of Los Angeles Department of Public Works Low Impact Development Standards Manual (Published February 2014) as a guidance document for the design of applicable Best Management Practices (BMPs) proposed for the project and for the elements that are required to be included in the SUSMP.

Post-construction Structural and/or Treatment Control BMPs, shall be designed to mitigate (infiltrate or harvest and use) storm water run-off from the 85th percentile 24-hour rain event or 0.75-inch, 24-hour rain event, whichever is greater. The comparison must be provided in the SUSMP.

Applicant/Developer Utilize the County of Los Angeles Department of Public Works’ HydroCalc program described in the LID Manual to calculate these design flows and volumes. The program download can be found at:
http://dpw.lacounty.gov/wrd/publication/.

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Applicant/Developer shall implement Good Housekeeping Best Management Practices (BMPs) for the site to ensure that pollutants are not discharged to the municipal storm drain system during construction and throughout occupancy.

7. Prior to the issuance of the grading permit, Applicant/Developer shall submit for review and approval public street improvement plans to include the following items and are responsible for the construction thereof:
a. Driveway approaches:
i. Reconstruction of the San Bernardino Avenue driveway approach landing to comply with the City standards and ADA requirements.
ii. New sidewalk panels on both sides of the Indian Hill Boulevard northerly driveway approach, to accommodate a continuous, pedestrian ADA path of travel. iii. Reconstruction of the Indian Hill Boulevard southerly driveway approach, to comply with the City standards and ADA requirements.
iv. Removal of the Bonnie Brae Street northerly driveway approach. v. Reconstruction of the Bonnie Brae Street southerly driveway approach per City and ADA requirements.
b. New sidewalk, curb and gutter to replace (i) the existing driveway apron proposed for removal and (ii) all damaged, cracked and uplifted sections along Indian Hill Boulevard, San Bernardino Avenue and Bonnie Brae Street property frontages. c. Reconstruction of the westerly portion of the median between San Bernardino Avenue and San Bernardino Service Road, to provide safe pedestrian street crossing facilities.

The improvement shall include a bulb-out and two directional corner ramps.

Additionally, a new ADA ramp shall be installed at the southeast corner of Bonnie Brae Street and San Bernardino Service Road.
d. Street Paving ARHM (Asphalt Rubber Hot Mix):
i. In the event that project related hardscape, wet and/or dry utility pavement cuts are needed along the Indian Hill Boulevard, San Bernardino Avenue and Bonnie Brae Street property frontages, street repaving shall occur in accordance with the City standard A-26-02; moratorium paving requirements apply for Indian Hill Boulevard.
e. Street Lights:
i. To address site access safety and required City standard upgrades, a lighting analysis must be prepared and submitted to the PW Department for review and approval. The study area will be along the Indian Hill Boulevard, San Bernardino Avenue and Bonnie Brae Street property frontages, to ensure the roadway illumination design meets the IES RP-8 requirements; the owner is responsible for the compliance (design & installation) with all mitigation measures, including all upgrades to LED luminaires.

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ii. The existing street light located north of the Bonnie Brae Street southerly driveway approach shall be relocated at least 10 feet to the north due to the proposed widening of this approach.
f. Parkway drains built in compliance with the City standards. g. Installation of four (4) new trees in the vacant tree wells located along the San Bernardino Avenue property frontage. The City’s Arborist recommendation for the replanting species is Lemon Bottlebrush (Callistemon Citrinus/Melaleuca Citrina). h. Existing and proposed sewer, water and storm drain infrastructure, including laterals. i. The parkway landscaped area shall be maintained by the property owner, as required by the City's Municipal Code Section 46-496 and a note to this effect shall be added to the Site Plan.
j. The parkway landscaped area shall be designed to comply with the City standard A34-11 (Intersection Sight Distance) and a note to this effect shall be added to the Site Plan.
k. Unobstructed visibility shall be ensured at all intersections and driveways along the project boundaries and a note to this effect shall be added to the public street improvement plan.
l. The property abutting sidewalk, parkway and alley, as applicable, shall be maintained free of weeds, rubbish and refuse by the property owner, as required by the City’s Municipal Code Section 18-261 and a note to this effect shall be added to the public street improvement plan.
m. Undergrounding of all existing and proposed overhead utility lines shall conform with the City of Pomona Municipal Code Section 62-31(b) and a note to this effect shall be added to the public street improvement plan.
n. 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 and a note to this effect shall be added to the public street improvement plan.

49. Traffic:
a. New crosswalk and signage between the existing ramp located at the southwest corner of San Bernardino Avenue and Bonnie Brae Street and the new bulb-out ramp required to be installed at the westerly end of the median between San Bernardino Avenue and San Bernardino Service Road.
b. New crosswalk and signage between the ramp referenced in the previous paragraph and the ramp required to be installed at the southeast corner of Bonnie Brae Street and San Bernardino Service Road.

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c. Removal of the existing crosswalk located at the intersection of Bonnie Brae Street and Fellows Place, subject to frmal public notification, public hearings and City Council approval.
d. Truck deliveries are restricted to day time only.
e. Install signage to prohibit parking along the west side of Bonnie Brae Street during the truck delivery hours.

50. The demolition or relocation of all public improvements (street lights, signs, trees, vaults, catch basins, hydrants, etc.) due to the proposed project construction must be coordinated and agreed upon by the appropriate City departments, shall be designed per City standards and applicable ADA requirements, and must be reviewed and approved by the Engineering Division of the Public Works Department.

51. Applicant/Developer shall identify the existence of all City utilities that may be in conflict with the development and submit protection measures to the City Engineer for those City utilities.

52. If future placement of permanent structures conflicts with location of existing public utilities (water, sewer and storm drain), then improvement plans proposing the relocation or abandonment of identified utilities must be submitted, reviewed and accepted by the Public Works Department. No public utility infrastructure shall be removed or modified as part of the onsite demolition plan approved by the Building and Safety Department.

53. Prior to the issuance of the issuance of the Certificate of Occupancy, Applicant/Developer is responsible for the payment of any/all applicable City water and sewer connection fees and shall make proof of payment of the Los Angeles County Sanitation District fees associated with the proposed development.

54. Prior to issuance of the building permits Applicant/Developer is responsible for paying the project’s impact fees for traffic signals and control devices, road and highway improvements and public safety improvements.

55. Prior to issuance of the building permits Applicant/Developer is responsible for paying the project’s development tax fee.

56. Prior to the issuance of the building permits, the property 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 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.

57. All plans shall be submitted on 24” x 36” sheet size with a standard City title block, and must correctly identify the property owner, address, legal description, property lines, street centerline, curb-lines, existing and proposed utilities (water, sewer, and storm drain), utility easements, and the public right-of-way areas with dimensions.

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58. The final improvement plans, as shown on the Mylar, shall be provided to the City in both hard copy and electronic (AutoCAD v. 2010) format. 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 in AutoCAD v. 2010 format.

Public Works Improvements Permit
All work in the public right-of-way and City easements is subject to review, approval, and permitting requirements of Public Works Department.

59. Prior to the issuance of the offsite improvements permits, Applicant/Developer shall post surety bonds for all such public improvements, including but not limited to:
water, sewer, driveway approaches, curb, gutter, sidewalk, street pavement, corner ramps, street lights, drainage and traffic improvements and utility undergrounding.

60. 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.

61. Permittee shall pay fees associated with and possess the City of Pomona Business License.

62. 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/Developer.

WATER RESOURCES DEPARTMENT
The City of Pomona, Water Resources Department (WRD) has completed its review of the proposed grocery store demolition and reconstruction at 1670 Indian Hill Boulevard. More specific comments from the WRD shall be generated throughout the project development process as required. A full set of water and sewer development plans shall be submitted to the Public Works and Water Resources Departments for this project. WRD requests that final versions of these plans be sent in both hard copy and electronic format (saved as AutoCAD). If you have any questions regarding water, sewer, and storm water requirements or these comments, please contact the WRD at (909) 620-2212.

Water
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CUP 17057-2021 – 1670 Indian Hill Boulevard

63. There currently exists an eight-inch (8”) CIP water main within Indian Hill Boulevard. The localized approximate static pressure for the proposed project area is 80-85 psi. The existing water infrastructure shall be shown on the site plan.

64. Since the static system pressure exceeds 80 psi, provide pressure regulators on the service lines to protect internal fixtures from high pressure.

65. Per City billing records there is currently an existing two-inch (2”) water meter serving 1670 Indian Hill Boulevard. Protect this meter and service in place during the demolition and construction process. Identify if this existing meter will be used within the proposed development.

66. A low-lead (0.25%) reduced pressure principle assembly (RPPA) and double check detector assembly (DCDA) are required for meter and fire service backflow protection respectively.

67. The applicant/developer shall calculate the new water demand (based on fixture units) to verify that the proposed or existing service can provide the water demand given the size, pressure, and distance of these services from the proposed buildings.

68. These calculations shall include fire and domestic water demands. These calculations shall be submitted to the WRD.

69. Contact the Los Angeles County Fire Department, and their respective Building, Sprinkler, and Land Development Units, regarding this project and their proposed requirements.

Sewer

70. There currently exists an eight-inch (8”) VCP sewer main within an alley to the west of the proposed project. The existing sewer infrastructure shall be shown on the site plan.

71. The applicant/developer shall calculate the new sewer demand to verify that the existing infrastructure can accommodate the discharge rate, given the size, capacity, and age of the existing system. Sewer discharge calculations shall be calculated for this development.

72. New sewer laterals shall be constructed per City of Pomona Standard Drawing Numbers S5, S6, and S7. Construction shall also comply with Standard Drawing A-26-02 per the Public Works Standards.

Stormwater
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73. There currently exists a fifty-one inch (51”) RCP trunk stormwater main within Indian Hill Boulevard.

74. The applicant/developer shall calculate the new stormwater discharge rate. Sewer discharge calculations shall be calculated for this development.

75. Submit stormwater improvement, onsite capture, and treatment details within the proposed building plans. Identify those stormwater design details within the submitted project grading plan.

PUBLIC WORKS DEPARMENT, SOLID WASTE DIVISION

76. Dimensions of the storage area shall accommodate containers consistent with current methods of collection. The exterior storage area shall not be located within any required front yard, street side yard, any required parking and landscaped areas, or any other area required by the Pomona City Code to constructed or maintained unencumbered according to fire and other applicable building and public safety codes. The storage area shall be accessible to all occupants and haulers. In all cases where a lot or premises is served by an alley, all exterior storage areas shall be directly accessible to such alley. If the exterior storage area is located outside or on the exterior of any structure it shall be screened with a six (6) foot high solid wood, metal or masonry enclosure. A sign identifying each exterior trash and recycling storage area shall be displayed. Each sign shall not exceed four (4) square feet in area and shall be posted on the exterior of the storage area adjacent to the access point.

77. There shall be at least one (1) trash facility for every commercial or industrial lot, except as permitted above. Additional trash facilities may be required, subject to approval by the city planner or designee.

SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.

APPROVED AND PASSED THIS 25th DAY OF MAY, 2022.
______________________________________

YESENIA MIRANDA-MEZA

PLANNING COMMISSION CHAIRPERSON
ATTEST:

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CUP 17057-2021 – 1670 Indian Hill Boulevard

______________________________________

ATA KHAN

PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:
______________________________________
MARCO A. MARTINEZ

DEPUTY 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 California Code of Civil Procedure Section 1094.6.

DRAFT PC RESOLUTION NO. 22-016

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

POMONA, CALIFORNIA APPROVING A MODIFICATION OF A

CONDITIONAL USE PERMIT TO ALLOW THE REESTABLISHMENT OF A TYPE 20 ALCOHOL LICENSE (OFF-SALE BEER AND WINE) IN

CONJUNCTION WITH A MARKET AND ASSOCIATED ON-SITE

IMPROVEMENTS AND RECOMMEND TO CITY COUNCIL TO MAKE A

FINDING OF PUBLIC CONVENIENCE AND NECESSITY FOR SUCH
ESTABLISHMENT ON A PROPERTY LOCATED AT 1670 INDIAN HILL BOULEVARD (APN 8322-022-022)
WHEREAS, the applicant, Ben Vesper, for ALDI Inc., has filed an application for a modification of Conditional Use Permit No. 97-006, being processed under Modification of Conditional Use Permit MODCUP 016701-2021 to allow the reestablishment of a Type 20 Alcohol License (Off-Sale Beer and Wine) in conjunction with a proposed market with associated on-site improvements on a property located at 1670 Indian Hill Boulevard; WHEREAS, the subject site is currently located within the C-3 General Commercial Zoning District and SB330 Overlay;
WHEREAS, the subject site is currently designated “Activity Center,” “Neighborhood Edge,” and “Urban Neighborhood” Place Types as well as “T4-A,” “T4-B,” and “T5” Transect Zones 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, on May 14, 1997, the Planning Commission adopted Planning Commission Resolution No. 8531 approving Conditional Use Permit No. 97-006 to allow the off-sale of beer and wine in conjunction with a full service supermarket (ABC License Type 20); WHEREAS, the Planning Commission, after giving notice thereof as required by law, held a public hearing on May 25, 2022, concerning the requested Modification of Conditional Use Permit (MODCUP 016701-2021); 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 Draft PC Resolution No 22-016
MODCUP 16701-2021 – 1670 Indian Hill Boulevard

Quality Act (CEQA), the project is Categorically Exempt under Section 15302, (Class 2 – Replacement or Reconstruction) in that the proposed project consists of the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.

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 Modification of Conditional Use Permit (MODCUP 016701-2021). 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 Beer and Wine – Type 20 ABC license) for off-site consumption will enhance the operation of the market by providing a service and convenience to the public. It will provide a safe location for the off-sale of Beer and Wine in conjunction with produce, packaged food, and incidental items. The sale of alcohol will be incidental to the primary use, which is a grocery store/market. . Furthermore, the addition of alcohol to the services provided will help ensure the economic viability of the market, thus increasing the likelihood that the business will continue operating and providing commercial opportunities and fresh produce and food to local residents. The (Off-Sale Beer and Wine – Type 20) alcohol license will not negatively affect the general welfare of the neighborhood, as it will be sold within a controlled environment and with limited display and points of sales.

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. The project will not be detrimental to the use, valuation, and enjoyment of property and improvements in the vicinity since the sale of alcohol is within the indoor controlled environment and will only be ancillary to the use of a market. Additionally, the applicant’s request will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity because it is a re-establishment of a previously existing (On-sale beer and wine – Type 20) alcohol license.

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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 was issued a conditional use permit for the off-sale of alcohol in conjunction with a full-service market in 1997 and has continued the use operation with only changes in tenants and a few periods of vacancy. The structure is approximately +/- 19,972 square feet of interior floor area and will have about 140 square feet dedicated for the storage and display of beer and wine. The site has an exterior surface parking lot with 150 existing spaces with 155 parking spaces and three commercial loading spaces proposed. This increase in customer parking and commercial loading spaces will serve to better facilitate on-site vehicular circulation.

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 at the intersection of two minor arterial streets, Indian Hill Boulevard and San Bernardino Avenue, both of which are capable of accommodating any additional vehicle trips generated by the proposed use. Moreover, the subject site is located adjacent to a Foothill Transit bus stop, further reducing the number of vehicular trips. The requested use of alcohol sales is ancillary to the use of a market.

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 proposed request is within the “Activity Center” and “Urban Neighborhood” Place Type designations under the Pomona General Plan. The project conforms to the goals and policies found in the General Plan for these particular designations, specifically to “Improve the physical quality and shopping experience of existing and new activity centers throughout the City” (Goal 6A.G3), as the proposed action would aid the success of the market, and would continue to support the quality and vitality of the existing commercial shopping center.

SECTION 4. Based upon the above findings, the Planning Commission hereby approves Modification of Conditional Use Permit (MODCUP 016701-2021) 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
Draft PC Resolution No 22-016
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1. This approval represents a modification of Conditional Use Permit No. 97-006 approved under Planning Commission Resolution No. 8531 on May 14, 1997. The conditions of approval contained herein shall supersede all conditions contained in the original resolution.

2. 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 May 25, 2022 and as illustrated in the stamped approved plans. 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 modification that do not affect the overall intent of the approved project, may be reviewed and approved by the Planning Manager.

3. This approval shall lapse and become void if the privilege authorized is not utilized within one (1) year from the date of this approval (May 25, 2023), 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.

4. 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.

5. Within six months from the date of approval, Applicant shall file for a Conditional Use Permit Inspection application and pay applicable fees. The Development Services Director and Code Compliance Supervisor shall conduct an inspection of the proposed operation, at any such time deemed necessary, and review any complaints received on the property. The Director shall determine if the applicant is satisfactorily in compliance against all conditions of approval identified in this Resolution. The Development Services Director may, at his or her discretion, pass or fail an inspection.

If noncompliance is determined, the Director may schedule the matter for review by Planning Commission to consider bringing revocation proceedings. Applicant shall file for subsequent Conditional Use Permit Inspection Requests on an annual basis.

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 Draft PC Resolution No 22-016
MODCUP 16701-2021 – 1670 Indian Hill Boulevard

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.

7. In case of violation of any of the conditions of approval and/or City law, the property owner and tenant will be issued a Notice of Correction. If said violation is not remedied within a reasonable period of time and/or a subsequent violation of the conditions of approval and/or City law occurs within ninety (90) days of any Notice of Correction, the property owner shall be held responsible to reimburse the City for all staff time directly attributable to enforcement of the conditions of approval and/or City law, including, but not limited to, revocation of the herein Conditional Use Permit.

8. 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 areas is noticeable distinguishable from the rest of the structure, the property owner shall paint portion of the building to minimize the disparity, subject to the approval of the Planning Manager. Original surface materials installed and designed to not accept paint material such as stone, metal, brick, faux stone, veneers, etc. shall be restored to original finish with methods accepted and agreed to by the Planning Manager.

9. No temporary signs related 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 portion on the exterior of the building.

The only temporary signs allowed shall be properly permitted banners 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.

10. The property owner shall provide regular maintenance and cleaning of all exterior walkways, patios, sidewalks, and landscaped parkways in compliance with Pomona City Code 62-351 et seq.

11. 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 on the adjacent properties.

12. Before issuance of a zoning clearance and business license, the applicant and any successor in interest shall sign a certificate of compliance stating that:

Draft PC Resolution No 22-016
MODCUP 16701-2021 – 1670 Indian Hill Boulevard

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.

Off-Sale Type 20 ABC License Conditions

1. State Law: The use of this Conditional Use Permit shall at all times comply with all relevant State and local laws pertaining to the sale and consumption of alcohol. The sale of beer and wine for consumption on the premises is prohibited.

2. Hours: The establishment will only sell alcohol under a Type 20 license during the hours permitted by Alcoholic Beverage Control (ABC).

3. Sales: Sales of alcoholic beverages shall be limited to a Type 20 license. There shall be no beer sold in less than three pack quantities, the sale of individual cans, bottles, or tapped/keg containers is prohibited. No beer or wine shall be sold in containers less than 750mL, unless sold by four pack or other manufacturers’ prepackaged multi-unit quantities. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of the convenience market in 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 the convenience market 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. All display and storage of beer and wine on the premises shall be limited to the 140 square feet away from any cash register as shown on the approved site plan.

4. Promotion: No display or sale of alcohol shall be made from an ice tub. Storefront 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. All interior window signage and exterior signage of any kind, which advertises the sale or availability of alcohol, shall be prohibited. There shall be no stacking of beer or wine in the aisles.

5. Training: The employees who sell 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.

6. Site: Loitering or panhandling on the premises shall be prohibited. Overnight parking of Draft PC Resolution No 22-016
MODCUP 16701-2021 – 1670 Indian Hill Boulevard

vehicles, including recreational vehicles (R.V.’s) on the premises shall be prohibited. Signs prohibiting overnight parking shall be placed throughout the parking lot area. No vending machines of any kind shall be installed outdoors within the project site. 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.

7. Security: Designated areas for storage of beer and wine shall be equipped with a locking mechanism. 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 right-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.

8. Police/City Contact: All crimes occurring inside and outside of the location shall be reported to the Police Department at the time of the occurrence. At any time when the licensee is absent from the premises, a responsible party shall be designated who can respond to any inquiries from City officials. The business shall provide a list annually of no less than three employees who can be contacted twenty-four 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.

9. Noise: 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 25
th DAY OF MAY, 2022.

YESENIA MIRANDA-MEZA

PLANNING COMMISSION CHAIRPERSON
Draft PC Resolution No 22-016
MODCUP 16701-2021 – 1670 Indian Hill Boulevard

ATTEST:

ATA KHAN

PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:

MARCO A. MARTINEZ

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 California Code of Civil Procedure Section 1094.6." I:\Development Services\Planning\_Case Files\_Case Files\Current\Indian Hill Blvd\1670\CUP 17057-2021\PC 5.25.22\Attachments\Drafts\Review\Attachment 2 - Draft PC Resoltuion No. 22-016.Doc
1670 Indian Hill Boulevard
MODCUP 16701-2021 & CUP 17057-2021
Site Photographs
Subject vacant market to be demolished and replaced.

Other existing tenants at southern end of shopping center Parking lot and small locksmith kiosk. Kiosk is proposed to be reloctaed to accommodate parking improvements.

Existing vacant market and adjacent tenants.

Rear of existing commerical structure with existing non-conforming trash enclosure Spaces proposed for removal to be replaced with landscaping and cart corral.

Existing non-conforming CMU block wall along Bonnie Brae Street at rear of shopping center.

Existing street light to be relocated to accommodate wider drieway for trick access.

Median in San Bernardino Avenue to be partially reconstructed to accommodate proposed crosswalk.

Parking Study
Proposed Aldi at Indian Hill/San Bernardino, Pomona
April 12, 2022
Prepared For:

GreenbergFarrow
30 Executive Park, Suite 100
Irvine, CA 92612
(949) 296-0450
Prepared by:
1100 Corporate Center Drive, Suite 201
Monterey Park, California 91754
(323) 260-4703
JB01215 – v4

Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Page ii JC01215
Table of Contents
SUMMARY ....................................................................................................................................................... 1 CONDITIONS ANALYSIS ...................................................................................................................................................................1 CONCLUSIONS ..................................................................................................................................................................................2

1. INTRODUCTION ......................................................................................................................................... 1

1.1 EXISTING CONDITIONS DATA ...................................................................................................................................................1

1.2 PARKING ANALYSIS METHODOLOGY .......................................................................................................................................1

2. EXISTING AND PROPOSED PROJECT CONDITIONS ............................................................................... 2

2.1 EXISTING PARKING UTILIZATION ..............................................................................................................................................2

2.2 PROJECT CONDITIONS PARKING UTILIZATION ........................................................................................................................4 List of Tables
TABLE 1 – EXISTING PARKING OCCUPANCY FROM WEEKEND SURVEYS 2 TABLE 2 – EXISTING PARKING OCCUPANCY FROM WEEKDAY SURVEYS 3 TABLE 3 – SATURDAY EXISTING AND WITH-PROJECT PARKING CONDITIONS IN MAIN LOT 5 TABLE 4 – SUNDAY EXISTING AND WITH-PROJECT PARKING CONDITIONS IN MAIN LOT 5 TABLE 5 – TUESDAY EXISTING AND WITH-PROJECT PARKING CONDITIONS IN MAIN LOT 6 TABLE 6 – WEDNESDAY EXISTING AND WITH-PROJECT PARKING CONDITIONS IN MAIN LOT 7 Appendices
APPENDIX A – SITE PLAN AND PARKING SURVEY ZONES
APPENDIX B – PROPOSED PROJECT SITE PLAN AND TRAFFIC ENGINEER REVIEW APPENDIX C – PARKING UTILIZATION COUNTS
APPENDIX D – ITE SUPERMARKET RATES FACTORING BY HOUR
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona ES-1 JC01215
Summary
A parking study for the project, a proposed Aldi market at the southeast corner of Indian Hill Boulevard and San Bernardino Avenue in the City of Pomona. The proposed project would expand a currently vacant area and construct an Aldi supermarket of 19,972 square feet in floor area.

A parking area of 17 spaces would be removed at the north side of the existing building as part of the project. A total of 23 spaces would be added in other areas of the site, including areas in front of the proposed Aldi store space and areas to the south in front of other uses. The net site parking supply gain as part of the proposed project would therefore be six spaces.

Parking demand data collection was conducted on four days – two weekdays and two weekend days. The earliest opening time of the current commercial spaces is 9:00 AM, and the closing time for the Aldi market would be 10:00 PM. These two times, therefore, defined the range of the demand surveys.

The weekend surveys indicated that on Saturday, the peak demand occurred at 8:00 PM, and on Sunday the peak was at 7:00 PM. The weekday surveys indicated that on Tuesday, the peak demand occurred at 3:00 PM and at 4:00 PM, and on Wednesday the peak was at 7:00 PM. At least two-thirds of the site parking space supply is available during the weekday peak periods, and more than half of the supply is available during the weekend peak periods.

Parking demand rates and hourly intensities defined by Parking Generation, published by the Institute of Transportation Engineers (ITE), were applied to the project, to provide an estimate of peak demand from the proposed project.

Conditions Analysis
Weekend
 Based on the analyzed Saturday data and estimated project parking demand, a parking supply surplus would remain during peak hours. Peak period parking availability in the main site parking lot would range from 16 to 20 percent, and the east parking lot would remain fully available.
 Applying the project parking demand to Sunday conditions, there would be a supply surplus, and availability in the main site parking lot would range from 47 to 71 percent.

1. Introduction
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona ES-2 JC01215
Weekend
 Applying the project parking demand to the analyzed weekday conditions on Tuesday and Wednesday, there would be a supply surplus and parking availability in the main site parking lot would be in the range of 24 to 44 percent.

Conclusions
 During weekday and weekend peak hours, there would be adequate parking supply for existing and project demand. Demand would not extend to areas of the site beyond the main parking lot.
 The availability of spaces on Saturdays would be reduced from the highest demand hour at 52 percent of the supply to 16 percent of the supply, but available adequate supply would remain.
 The availability of spaces on Sundays would be reduced from the highest demand hour at 51 percent of the supply to 47 percent of the supply, but available adequate supply would remain.
 The availability of spaces on weekdays would be reduced from the highest demand hour at 59 percent of the supply to 24 percent of the supply, but available adequate supply would remain.
 At no time is it expected from the data analyzed that parking demand would overflow from the site onto adjacent on-street parking areas.

Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Page 1 JC01215

1. Introduction
This report is a parking demand study for the proposed Aldi market, to be developed at the southeast corner of Indian Hill Boulevard and San Bernardino Avenue in the City of Pomona.

1.1 Existing Conditions Data
Parking demand data collection for the parking study was conducted on four days – two weekdays and two weekend days. During coordination with the City of Pomona, these days for the surveys were defined, and it was requested that the current operating hours of the site be considered, while also considering the hours of the proposed use. The earliest opening time of the current commercial spaces is 9:00 AM, and the closing time for the Aldi market would be 10:00 PM. These two times, therefore, defined the range of the demand surveys.

The existing demand surveys took place at the project site at an hourly frequency during that time period on the following dates in 2020:
 Saturday, November 21st
 Sunday, November 22nd
 Tuesday, December 8th
 Wednesday, December 9th
The figure in Attachment A illustrates the project site plan and the parking sub-areas used for the analysis of collected parking data.

1.2 Parking Analysis Methodology
The parking study was based on existing site demand and parking generation survey rates defined by the Institute of Transportation Engineers (ITE).

Parking occupancy (demand versus supply) throughout the day was analyzed with and without the proposed project. The peak weekday and weekend occupancies for no-project and withproject conditions was calculated and evaluated, and determinations were made as to the appropriateness of the proposed supply.

Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Page 2 JC01215

2. Existing and Proposed Project Conditions
This section documents the parking demand and supply occupancy from the surveys conducted at the project site.

2.1 Existing Parking Utilization
From the four days of parking surveys that were conducted for this study, summaries by hour were created. The demand is broken down by these defined survey sub-areas within the shopping center site, as illustrated on Figure 1:
 Zone 1 – North Main Lot – The main lot parking field for the proposed Aldi use.  Zone 2 – North Side Parking – The parking located on the north side of the site, along the side of the proposed Aldi space.
 Zone 3 – East Side Parking – The parking located on the east side of the site, beyond the proposed and existing uses.
 Zone 4 – South Main lot – The main lot parking adjacent to the other existing site commercial uses.

Table 1 provides a summary of the existing weekend parking occupancy percentages (demand versus supply) of the site, based on the conducted surveys. On Saturday, the peak demand occurred at 8:00 PM and on Sunday the peak was at 7:00 PM. Approximately two-thirds of the site parking space supply is available during the weekend peak periods.

Table 1 – Existing Parking Occupancy from Weekend Surveys Table 2 provides a summary of the existing weekday parking occupancy percentages of the site, based on the conducted surveys. On Tuesday, the peak demand occurred at 3:00 PM and at 4:00 PM, and on Wednesday the peak was at 7:00 PM. More than two-thirds of the site parking space supply is available during the weekday peak periods.

9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Occupied Spaces 19 30 36 32 45 37 42 44 53 55 39 40
Percent Occupied 13% 20% 24% 21% 30% 25% 28% 29% 35% 37% 26% 27% Occupied Spaces 6 15 20 26 30 39 31 33 42 35 38 31
Percent Occupied 4% 10% 13% 17% 20% 26% 21% 22% 28% 23% 25% 21%

SATURDAY
SUNDAY

2. Existing and Proposed Project Conditions
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Page 3 JC01215
Table 2 – Existing Parking Occupancy from Weekday Surveys The site parking demand survey data is provided in Appendix B for the Saturday, Sunday, Tuesday, and Wednesday time periods. The highest occupancy times for each parking zone and the highest overall site occupancy times are highlighted within these attachment tables.

The site has active commercial uses. The existing parking demand within the site parking lot is generated by these uses, which are listed in Table 3.

Table 3 – Existing Active Site Businesses and Floor Area

9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Occupied Spaces 14 17 30 26 35 32 34 34 25 18 9 8
Percent Occupied 9% 11% 20% 17% 23% 21% 23% 23% 17% 12% 6% 5% Occupied Spaces 5 15 17 22 28 28 24 26 47 31 30 18
Percent Occupied 3% 10% 11% 15% 19% 19% 16% 17% 31% 21% 20% 12%

TUESDAY

WEDNESDAY
Unit Business Floor Area (sq.ft.)
1640 Yvonne Shu-Rodriguez DDS 1,700
1642 METRO by T-MOBILE 1,716
1648 LA MICHOACANA ICE CREAM 1,958
1648-A CHECK INTO CASH 1,200
1648-B NAIL SALON 1,200
1648-81 LA MICHOACANA / ROOF HATCH RM 1,240
1648-C SEAFOOD RESTAURANT 4,500
1660 FAMILY DOLLAR, INC. 8,615
1662 CHINESE RESTAURANT 1,742
1664 PIARA PIZZA 1,862
1666 COIN LAUNDRY 1,862
1668 BOOST MOBILE 1,750
1670ANT T-MOBILE ANTENNA * 0
1672 POMONA LOCKSMITH 24
1670 VACANT MARKET * 18,925
Total: 48,294
* No parking demand generated under existing conditions

2. Existing and Proposed Project Conditions
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Page 4 JC01215

2.2 Project Conditions Parking Utilization
Occupancy under existing and anticipated with-project conditions was evaluated for the main site parking area, which is considered to be the parking field for the proposed Aldi use at the north side of main parking lot (defined as Zone 1) and the south side of the main parking lot adjacent to the existing commercial uses (defined as Zone 4).

The removal of 17 spaces in Zone 2 and the addition of 23 spaces in the main lot would be completed as part of the project, with a total net gain of six spaces.

The proposed project site plan from the project architect is provided in Attachment B, along with a KOA Traffic Engineer’s review and stamp on the following letter page.

Table 4 summarizes this analysis for Saturday, for the highest peak hours of occupancy of the site for that day. The top section of the table summarizes the available parking in number of spaces and occupancy for the main lot for the peak hours. The next section of the table summarizes the effects of estimated demand using ITE rates and hourly intensities for project demand, and supply enhancements with the proposed project.

The ITE Parking Generation average peak parking demand rates for each 1,000 square feet of supermarket floor area are 2.93 on weekdays, 3.64 on Saturdays, and 2.10 on Sundays. ITE typical intensity rates for each hour of the day were applied to calculate the expected demand of the proposed use for each hour. The hourly rates are not provided for evening hours on Saturdays, so the same demand from the 5:00 PM hour was applied to the later hours.

During peak hours (5:00 PM to 8:00 PM) on Saturday, availability of spaces within the main parking area is in the range of 52 to 57 percent. With project parking demand, parking supply would remain available, with space availability in the range of 16 to 2percent. Overflow to the east parking area or on-street parking would not occur.

2. Existing and Proposed Project Conditions
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Page 5 JC01215
Table 4 – Saturday Existing and with-Project
Parking Conditions in Main Lot
Table 5 summarizes the analysis for Sunday, for the highest peak hours of occupancy of the site for that day, using the same layout and methodology. During peak hours (5:00 PM to 8:00 PM), spaces within the main parking lot are 51 to 70 percent available.

With the proposed project parking demand and supply, the parking availability would be in the range of 47 to 71 percent. There would be no supply deficit at the main lot, and use of other site parking areas would not be necessary.

Table 5 – Sunday Existing and with-Project
Parking Conditions in Main Lot
5:00 PM 6:00 PM 7:00 PM 8:00 PM
54 49 52 55
115 115 115 115
61 66 63 60
53% 57% 55% 52%
With Project Parking Demand
138 138 138 138
62 62 62 62
22 27 24 21
16% 20% 18% 16%
Existing Demand
Supply
Available
Available Percent
Factored Project
Hourly Demand
Expanded
Supply
Available Surplus,
Main Lot Supply
5:00 PM 6:00 PM 7:00 PM 8:00 PM
50 56 40 34
115 115 115 115
65 59 75 81
57% 51% 65% 70%
With Project Parking Demand
138 138 138 138
22 18 9 5
66 64 89 99
48% 47% 64% 71%
Expanded
Supply
Demand
ITE Factored
Hourly Demand
Available
Available Percent
Supply
Available Surplus,
Main Lot Supply

2. Existing and Proposed Project Conditions
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Page 6 JC01215
Table 6 summarizes the analysis for Tuesday, for the highest peak hours of occupancy of the site for that day. During peak hours (1:00 PM and 3:00 PM to 6:00 PM), spaces within the main parking lot are 62 to 76 percent available.

With the proposed project parking demand, parking availability would be in the range of 26 to 43 percent. There would be no supply deficits at the main lot and use of other site parking areas would not be necessary.

Table 6 – Tuesday Existing and with-Project
Parking Conditions in Main Lot
Table 7 summarizes the analysis for Wednesday, for the highest peak hours of occupancy of the site for that day, using the same layout and methodology. During peak hours (1:00 PM, 2:00 PM, and 6:00 PM to 9:00 PM), spaces within the main parking lot are 59 to 77 percent available.

With the proposed project parking demand, parking availability would be in the range of 24 to 44 percent. There would be no supply deficits at the main lot, and use of other site parking areas would not be necessary.

1:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM
28 30 30 44 38
115 115 115 115 115
87 85 85 71 77
76% 74% 74% 62% 67%
With Project Parking Demand
138 138 138 138 138
51 57 57 59 58
59 51 51 35 42
43% 37% 37% 26% 30%
Factored Project
Hourly Demand
Demand
Supply
Available
Available Percent
Expanded
Supply
Available Surplus,
Main Lot Supply

2. Existing and Proposed Project Conditions
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Page 7 JC01215
Table 7 – Wednesday Existing and with-Project
Parking Conditions in Main Lot
The detailed parking demand survey data by day is provided in Appendix B. The applied ITE Parking Generation rates and hourly intensities of demand for supermarket uses are provided in Appendix C.
1:00 PM 2:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM
27 28 34 47 31 30
115 115 115 115 115 115
88 87 81 68 84 85
77% 76% 70% 59% 73% 74%
With Project Parking Demand
138 138 138 138 138 138
51 57 57 59 58 58
60 53 47 32 49 50
44% 39% 34% 24% 36% 36%
Expanded
Supply
Available Percent
Demand
Supply
Available
ITE Factored
Hourly Demand
Available Surplus,
Main Lot Supply
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Appendices JC01215
Appendix A
Site Plan and Parking Survey Zones
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Appendices JC01215
Appendix B - Proposed Project Site Plan and Traffic Engineer Review JC01215
1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T: 323.260.4703 | F: 323.260.4705 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
April 11, 2022
Ata Khan
Planning Division
City of Pomona Development Services Department
505 S. Garey Avenue
Pomona, CA 91769
Subject: ALDI – 1670 Indian Hill Boulevard, Pomona, CA
CUP-16701-2021 and CUP 17057-2021 Parking Lot Layout
Dear Mr. Khan
KOA Corporation (KOA) has reviewed the attached Conditional Use Permit Comments for CUP 16701-201 and CUP 17057-2021 and the revised parking lot layout on Sheet C-03, sheet 3 of 12, Site Plan, prepared by GreenbergFarrow (attached), and has determined that the plan sheet has been revised appropriately in accordance with the City’s comments identified below:

1. Page 4 of 9, No. 5

2. Page 4 of 9, No. 6

3. Page 5 of 9, I, V, VI

4. Page 6 of 9, No. 8
Sincerely,
KOA Corporation
Walter Okitsu
Registered Traffic Engineer
Attachments:

Conditional Use Permit Comments for CUP 16701-201 and CUP 17057-2021 (header date Dec 7, 2021) GreenbergFarrow Site Plan Sheet C-03, Sheet 3 of 12
> > > > > > > > > > FFE: 92.90' PAD: 92.06
VAN CURBSIDE CURBSIDE CURBSIDE CURBSIDE FFE: 92.90' PAD: 92.06 G G

SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD E E E E E E E E E E E E E E E E E SD SD SD SD SD SD SD T T T T C-03 Know what'sbelow. Callbefore you dig. R SITE PLAN QUALITY CONTROL PROJECT NUMBER PROJECT NAME SHEET NUMBER SHEET TITLE PROJECT MANAGER ISSUE/REVISION RECORD PROFESSIONAL SEAL PROFESSIONAL IN CHARGE DRAWN BY PROJECT TEAM30 Executive Park Suite 100 Irvine, CA 92614 t: 949 296 0450 ALDI STORE # 146 POMONA, CA CITY OF POMONA CALIFORNIA 1670 INDIAN HILL BLVD. POMONA, CA LOS ANGELES COUNTY CIVIL PROF IN CHARGE 2022-03-28 SAN BERNARDINO AVE.

INDIAN HILL BLVD.

BONNIE BRAE ST. LEGEND PARKING SUMMARY USER RATIO REQUIRED SPACES REQ'D SPACES PROV'D ALDI REMAINING TOTAL: 91 64 155 4 SP/1000 SF 80 SITE KEY NOTES:

Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Appendices JC01215
Appendix C
Parking Survey – Demand Data Summaries

Aldi Shopping Center
Pomona, CASaturday, November 21st, 2020
Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 69 1 6 4 6 10 7 6 10 17 15 18 15 9 10
Handicap 4 00000000000000
Subtotal 73 1 6 4 6 10 7 6 10 17 15 18 15 9 10
Total Occupancy 73 1 6 4 6 10 7 6 10 17 15 18 15 9 10
Total Percent 1% 8% 5% 8% 14% 10% 8% 14% 23% 21% 25% 21% 12% 14% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 17 00001103111000
Subtotal 17 00001103111000
Total Occupancy 17 00001103111000
Total Percent 0% 0% 0% 0% 6% 6% 0% 18% 6% 6% 6% 0% 0% 0% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 18 00001000000000
Subtotal 18 00001000000000
Total Occupancy 18 00001000000000
Total Percent 0% 0% 0% 0% 6% 0% 0% 0% 0% 0% 0% 0% 0% 0% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 37 17 21 28 23 31 26 34 31 32 29 30 36 28 26
Handicap 1 00000010110100
Green 4 13432310444324
Subtotal 42 18 24 32 26 33 29 36 31 37 34 34 40 30 30
Total Occupancy 42 18 24 32 26 33 29 36 31 37 34 34 40 30 30 Total Percent 43% 57% 76% 62% 79% 69% 86% 74% 88% 81% 81% 95% 71% 71% Grand Total Occupancy 150 19 30 36 32 45 37 42 44 55 50 53 55 39 40 Grand Total Percent 13% 20% 24% 21% 30% 25% 28% 29% 37% 33% 35% 37% 26% 27% Zone 1Zone 2Zone 3Zone 4
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951-268-6268
Aldi Shopping Center
Pomona, CASunday, November 22nd, 2020
Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 69 2 5 5 6 2 4 2 5 13 16 12 9 12 4
Handicap 4 00000000010000
Subtotal 73 2 5 5 6 2 4 2 5 13 17 12 9 12 4
Total Occupancy 73 2 5 5 6 2 4 2 5 13 17 12 9 12 4
Total Percent 3% 7% 7% 8% 3% 5% 3% 7% 18% 23% 16% 12% 16% 5% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 17 00110110010000
Subtotal 17 00110110010000
Total Occupancy 17 00110110010000
Total Percent 0% 0% 6% 6% 0% 6% 6% 0% 0% 6% 0% 0% 0% 0% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 18 00000000002111
Subtotal 18 00000000002111
Total Occupancy 18 00000000002111
Total Percent 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 11% 6% 6% 6% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 37 4 10 14 19 28 30 27 25 33 35 26 23 22 24
Handicap 1 00000001010010
Green 4 00000412432222
Subtotal 42 4 10 14 19 28 34 28 28 37 39 28 25 25 26
Total Occupancy 42 4 10 14 19 28 34 28 28 37 39 28 25 25 26 Total Percent 10% 24% 33% 45% 67% 81% 67% 67% 88% 93% 67% 60% 60% 62% Grand Total Occupancy 150 6 15 20 26 30 39 31 33 50 57 42 35 38 31 Grand Total Percent 4% 10% 13% 17% 20% 26% 21% 22% 33% 38% 28% 23% 25% 21% Zone 1Zone 2Zone 3Zone 4
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951-268-6268
Aldi Shopping Center
Pomona, CATuseday, December 8th, 2020
Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 69 3 2 4 2 4 6 3 2 15 10 11 6 4 2
Handicap 4 111
Subtotal 73 3 2 4 2 4 6 3 2 15 10 11 7 5 3
Total Occupancy 73 3 2 4 2 4 6 3 2 15 10 11 7 5 3
Total Percent 4% 3% 5% 3% 5% 8% 4% 3% 21% 14% 15% 10% 7% 4% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 17 77747344240000
Subtotal 17 77747344240000
Total Occupancy 17 77747344240000
Total Percent 41% 41% 41% 24% 41% 18% 24% 24% 12% 24% 0% 0% 0% 0% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 18 00000000000000
Subtotal 18 00000000000000
Total Occupancy 18 00000000000000
Total Percent 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 37 4 7 18 19 22 22 25 24 26 25 13 11 4 5
Handicap 1 00001001000000
Green 4 01111123331000
Subtotal 42 4 8 19 20 24 23 27 28 29 28 14 11 4 5
Total Occupancy 42 4 8 19 20 24 23 27 28 29 28 14 11 4 5 Total Percent 10% 19% 45% 48% 57% 55% 64% 67% 69% 67% 33% 26% 10% 12% Grand Total Occupancy 150 14 17 30 26 35 32 34 34 46 42 25 18 9 8 Grand Total Percent 9% 11% 20% 17% 23% 21% 23% 23% 31% 28% 17% 12% 6% 5% Zone 1Zone 2Zone 3Zone 4
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951-268-6268
Aldi Shopping Center
Pomona, CAWednesday, December 9th, 2020
Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 69 1 2 2 3 2 2 0 3 3 7 11 5 5 0
Handicap 4 00000000000000
Subtotal 73 1 2 2 3 2 2 0 3 3 7 11 5 5 0
Total Occupancy 73 1 2 2 3 2 2 0 3 3 7 11 5 5 0
Total Percent 1% 3% 3% 4% 3% 3% 0% 4% 4% 10% 15% 7% 7% 0% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 17 11021000000000
Subtotal 17 11021000000000
Total Occupancy 17 11021000000000
Total Percent 6% 6% 0% 12% 6% 0% 0% 0% 0% 0% 0% 0% 0% 0% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 18 00010000000000
Subtotal 18 00010000000000
Total Occupancy 18 00010000000000
Total Percent 0% 0% 0% 6% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Inventory 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Regular 37 3 12 13 15 24 24 22 21 21 24 31 22 23 16
Handicap 1 00100011001000
Green 4 00111211234422
Subtotal 42 3 12 15 16 25 26 24 23 23 27 36 26 25 18
Total Occupancy 42 3 12 15 16 25 26 24 23 23 27 36 26 25 18 Total Percent 7% 29% 36% 38% 60% 62% 57% 55% 55% 64% 86% 62% 60% 43% Grand Total Occupancy 150 5 15 17 22 28 28 24 26 26 34 47 31 30 18 Grand Total Percent 3% 10% 11% 15% 19% 19% 16% 17% 17% 23% 31% 21% 20% 12% Zone 1Zone 2Zone 3Zone 4
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
951-268-6268
Parking Study – Proposed Aldi at Indian Hill/San Bernardino, Pomona Appendices JC01215
Appendix D
ITE Supermarket Rates Factoring by Hour
Weekday Factored Saturday * Factored Sunday Factored
9AM
10AM 59% 1.73 70% 2.55 50% 1.05
11AM 67% 1.96 96% 3.49 65% 1.37
12PM 86% 2.52 99% 3.60 85% 1.79
1PM 87% 2.55 99% 3.60 77% 1.62
2PM 93% 2.72 97% 3.53 85% 1.79
3PM 97% 2.84 96% 3.49 99% 2.08
4PM 97% 2.84 100% 3.64 100% 2.10
5PM 100% 2.93 89% 3.24 53% 1.11
6PM 99% 2.90 89% 3.24 42% 0.88
7PM 83% 2.43 89% 3.24 22% 0.46
8PM 53% 1.55 89% 3.24 13% 0.27
9PM 38% 1.11 89% 3.24 9% 0.19

2.93 3.64 2.1
* Survey data not provided for 6PM and later hours on Saturday. 5PM value was applied to all later hours to be conservative.

ITE Avg
Peak
Existing On-Sale Licenses & Census Tract
Census Tract 4027.06 Census Tract 4027.03

1. ALDI – 1670 Indian Hill Boulevard (Type 20)

2. Mike’s Liquor – 1673 Indian Hill Boulevard (Type 21)

3. Easy Day Liquor – 1571 Indian Hill Boulevard (Type 21)

4. Alta Dena – 1553 Indian Hill Boulevard (Type 20)

5. 7-Eleven – 806 Indian Hill Boulevard (Type 20)

6. 7-Eleven – 1707 Indian Hill Boulevard (Type 20)
1- Subject Site 3
.
4 2
.
4027.06
4027.03
6 5
Subject and Adjacent Police Reporting Districts
with Total Number of Crimes for 2021
Number in Parenthesis (__) Indicates Sum of Part I Offenses and Part II Arrests (Total Number of Crimes) *Indicates High Crime District (Threshold is 99 crimes for 2021) - Subject Location
17 (55)
14 (301)*
15 (34)
19 (93) 16(120)*
18 (104)*
RESOLUTION NO. $S,}1

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

POMONA APPROVING, WITH CONDITIONS, CONDITIONAL USE PERMIT CUP 97-006 TO ALLOW OFF-SALE BEER AND WINE IN CONJUNCTION WITH

A FULL SERVICE SUPERMARKET AT PROPERTY KNOWN AS
1670 INDIAN HILL BOULEVARD

THE PLANNING COMMISSION OF THE CITY OF POMONA DOES RESOLVE AS FOLLOWS:

WHEREAS, there has heretofore been submitted by Parks' Brother Market, LLC, proposed Conditional Use Permit CUP 97-006, pursuant to Section .5809 of the Zoning Ordinance to allow off-sale beer and wine within a full service supermarket at 1670 Indian Hill Boulevard in the C-3 (General Commercial) zone in an area designated "General Commercial" on the General Plan Land Use Map;
WHEREAS, the Planning Commission of the City of Pomona has, after giving notice thereof as required by law, held a public hearing concerning requested Conditional Use Permit CUP 97-006;
WI~REAS, the Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing.

NOW, THEREFORE, BE IT HEREBY RESOLVED:

SECTION 1.Pursuant to the Guidelines for Implementation of the California Environmental Quality Act, a Negative Declaration has been prepared and reviewed, finding that the proposed project will not have a significant effect on the environment. The Planning Commission hereby approves said Negative Declaration.

SECTION 2. The Planning Commission hereby finds and determines as follows:

That the proposed use at the particulaz location will contribute to the general well-being of the neighborhood or community, in that the existing supermarket will provide the neighborhood with the convenience of having a full service supermazket within walking distance of residents. The supermarket will contribute to the community by helping stimulate economic growth within an area which is in need of economic activity.

2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, or general welfaze of persons residing or working in the vicinity or detrimental to the use, valuation or enjoyment of property or improvements in the vicinity, in that the full service supermazket will be the primary use, while off-sale beer and wine is a secondary use and will not create any detrimental impacts to the Resolution No. 8531

surrounding area. Implementation of the conditions of approval contained in Section herein will ensure compatibility.

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 and make it compatible thereto, in that the subject property is approximately 3.58 acres of land, sufficient in size to meet all development standards of the C-3 zone.

4. The site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use, in that Indian Hill Boulevard is an arterial street adequate in capacity to accommodate 20,000 vehicle trips per day.

5. The 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, in that the existing supermarket with the sale of beer and wine is consistent with the "General Commercial" General Plan land use designation, the C-3 (General Commercial) zone and the following goals and objectives of the Economic Development Element of the General Plan:

To promote economic growth through development of commercial services;" and To stimulate a healthy economy in order to provide greater variety and convenience in all types of developments."
SECTION 3. Based upon the above findings, the Planning Commission hereby approves Conditional Use Permit CUP 97-006, to allow anoff-sale beer and wine license at 1670 Indian Hill Boulevazd, subject to compliance with all existing laws and ordinances of this City and the following specific conditions, violations of which (or failure to complete any of which) shall constitute grounds for revocation of a Conditional Use Permit or any portion thereof:

1. The project shall be in substantial conformance to submitted plans date-stamped Mazch 4, 1997, except as modified herein.

2. This approval shall lapse and become void if the privilege authorized is not utilized or where some form of construction pursuant to issuance of a building permit has not commenced within one (1) yeaz from the date of this approval.

3. No beer or wine shall be displayed within five (5) feet of the cash register or in the front door unless it is in a permanently affixed cooler.

The applicant or primary tenant shall retain a copy of this resolution on the premises at all Resolution No. 8531

times and will be prepazed to produce it immediately upon the request of any City representative.

5. The project shall be subject to an appeal period of twenty (20) days. A written appeal may be filed by the applicant, any person owning property within four hundred (400) feet of exterior boundaries of the applicant'sproperty, or the City Council on its own initiative by a majority vote, may appeal a decision of the Planning Commission for City Council review.

6. There shall be no exterior pay telephones on-site.

7. The applicant shall install C. TC. V cameras or concave minors in high risk areas throughout the supermazket.

8. All interior window signage projecting to the exterior which advertises the sale or availability of alcohol shall be prohibited.

9. A copy of this Resolution shall be kept on the premises at all times.

10. The sale of beer and wine for consumption on the premises is prohibited.

11. Graffiti shall be removed from the exterior walls and windows of the premises within twenty-four (24) hours of discovery.

12. The petitioner(s) shall be responsible for maintaining free of litter the azea adjacent to the premises over which the business has control.

13. No display or sale of beer or wine shall be made from an ice tub.

14. A prominent, permanent sign stating compliance with 16-26 PPC, "NO LOTTERING", shall be posted in a place that is cleazly visible to patrons of the applicant.

15. A prominent, permanent sign stating bmpliance with 16-31 PPC, "POSSESSION OF

OPENED ALCOHOLIC BEVERAGE CONTAINERS ON THESE PREMISES IS PROHIBITED BY LAW. CAL. PENAL CODE SECTION 647e POMONA CITY CODE SECTION 16-31", shall be posted in a place that is clearly visible to patrons of the applicant and rear alley of the location.

16. The applicant shall provide to the Pomona Police Department Records Bureau , a contact list of three to five names of employees of the store for emergency purposes. Such individuals shall be available 24 hours a day. A current list shall be provided and Resolution No. 8531

available 24 hours a day. A current list shall be provided and submitted to the Police Department Records Bureau on a yeazly basis on the first month of the yeaz.

17. There shall be no stacking of beer or wine in the aisles. r~S . 3• The Secretary shall certify to the adoption of this Resolution and forwazd the original to the City Clerk.

PASSED, APPROVED, AND ADOPTED this

PAUL RUSSO

PLANNING C
ATTEST:

DENNIS R. MACKAY

PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:

RICHARD L. ADAMS II

DEPUTY CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.

CITY OF POMONA )
of May, 1997.

CHAIRPERSON
AYES: Thazpe, Warren, Quesada, 13cuyn, Belluscio, UYSUa and I3~sso.

NOES: ~ eABSTAIN: fume.

ABSENT: tvmePursuant 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. 1094.6C. P." C CUP1670.WPD"
Department of Alcoholic Beverage Control

LICENSED PREMISES DIAGRAM (RETAIL)

1. APPLICANT NAME (If Individual: Last, first, middle) 2. LICENSE TYPE

3. PREMISES ADDRESS (Street number and name, city, zip code) 4. NEAREST CROSS STREET

DIAGRAM
APPLICANT SIGNATURE (Only one signature required) DATE SIGNED

FOR ABC USE ONLY
CERTIFIED CORRECT (Signature) PRINTED NAME INSPECTION DATE ABC-257 (07/19)
It is hereby declared that the above-described premises and character of premises, as indicated on the reverse side, will not be changed in accordance with Rule 64.2 of the California Code of Regulations without first notifying and securing approval of the Department of Alcoholic Beverage Control. Substantial changes to the premises may require an application fee in accordance with Section 24072 of the Business and Professions Code. I declare under penalty of perjury that the foregoing is true and correct.

State of California
Gavin Newsom, Governor
The diagram below is a true and correct description of the entrances, exits, interior walls and exterior boundaries of the premises to be licensed, including dimensions and identification of each room (i.e., "storeroom", "office", etc.). 143'-8"
153'-4"
32'-0" WINE

GONDOLA
7'-3 1/2"
BEER
3'-1 3/4" 4'0"

ALCOHOL STORAGE BEVERAGE AREA
4'-0"
16 SF
124 SF
Overall Bldg: 19,972 SF
Liquor @ sales floor: 124 SF
Liquor @ back: 16 SF
140 SF
Liquor storage: 0.7% of Bldg

Planning Commission Meeting
1670 Indian Hill Boulevard
Conditional Use Permit
(CUP 17057-2021)
Modification to Conditional Use Permit
(MODCUP 16701-2021)
Applicant: Ben Vesper, for ALDI Inc.

Planning Commission Meeting
Request Location Plans Compliance Summary
Requests:
• Request for a Conditional Use Permit for the
construction of a +/- 19,972 square foot commercial
structure to replace an existing +/- 17,800 square foot commercial structure and a request to modify an
existing Conditional Use Permit for a Type 20 off-sale
alcohol (beer and wine) license in conjunction with the proposed development located in an existing shopping
center on a 3.26-acre parcel in the C-3 – General
Commercial Zoning District and SB330 Overlay and
designated Activity Center and Urban Neighborhood
Place Types with T5 and T4B Transects
Planning Commission Meeting
Request Location Plans Compliance Summary
Conditional Use Permit
• Per the Pomona Zoning Ordinance Sec. .580.J and
.5809.4, the filing of a Conditional Use Permit is required for any new commercial facilities of four or more
commercial units or lots greater than 20,000 sf within all C zones, as well as for the proposed reestablishment of a Type 20 (Off-Sale Beer and Wine) Alcohol License
Planning Commission Meeting
Request Location Plans Compliance Summary
Subject Site N
San Bernardino Avenue
Bonnie Brae Street
Indian Hill Boulevard
Aerial Map
Verde Vista Avenue
Planning Commission Meeting
Request Location Plans Compliance Summary
Subject Site N
Zoning Map
C-3 General
Commercial with
SB330 Overlay
R-1-7200 Single
Family Residential
with SB330 Overlay
Planning Commission Meeting
Request Location Plans Compliance Summary
Subject Site N
General Plan
Place Type
Urban Neighborhood
Activity Center
Residential
Neighborhood
Residential
Neighborhood
Neighborhood Edge
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Building Permit History
1953 – Construction of 140 x 120 (16,800 sqft.) brick
market building
1953 – Construction of 20 x 60 (1,200 sqft.) addition to market building
1960 – 4-store building approximately 15,466 square feet 1965 – Additional 880 square feet of sales area and 640 square feet of equipment mezzanine.
1976 – New 36 square foot metal sales building 4’ x 9’
1982 – Construction of new retail stores, approximately 8,640 square feet
1983 – Construction of new 13,440 square foot
retail/shopping structure
Planning Commission Meeting
Request Location Plans Compliance Summary
Entitlement History
PC Resolution No. 4972 – Environmental clearance for
construction of additional retail shop space in an existing shopping center. Approved December 12, 1979.

PC Resolution No. 4973 – Variance to reduce parking
requirements from 3/1 to 2/1 and reduce required setbacks from 25 feet to zero, strictly on the south development.

Approved December 12, 1979.

PC Resolution No. 5969 – Variance for free standing
sign. Approved August 8, 1984.

PC Resolution No. 8531 – Conditional use Permit (CUP
97-006) to allow off-sale beer and wine in conjunction with a full service supermarket. Approved May 14, 1997.

Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Standard C-3 Zone Requirement Proposed Project Compliance Determination
Lot Area No requirement 139,779 sf (+/- 3.26 AC) Yes
Lot Dimensions No requirement Existing Yes
Front Yard None required Approx. 30’ Yes
Side Yard None required Approx. 180’ Yes
Rear Yard None required Approx. 10’ Yes
Coverage 50% Maximum Approx. 36%
(+/- 50,232 sf)
Yes
Building
Separation
None required Attached shopping Yes
Building Height Two stories or 40’ Maximum 30’ to parapet Yes Off-Street Parking Subject to 503-H.F.4 Parking plan per parking study*
Yes
Walls & Fences Required 6’ decorative
masonry wall separating “C3” district from abutting
residential
Existing 3’ tall CMU block
wall
Nonconformin
g
Access Vehicular access from a
street or alley to off-street
parking.

Provided four access points. Yes
Loading 3 Loading spaces required
10’ x 20’
Provided Yes
Trash Facilities Required Existing Nonconformin
g
Architectural
Standards
Required Sufficient Yes
Landscaping Minimum 15% of commercial
lots shall be landscaped

10.4% (Approx. 14,558 sf) Nonconformin
g
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
N
Planning Commission Meeting
Request Location Plans Compliance Summary
N
Planning Commission Meeting
Request Location Plans Compliance Summary
N
Type Sensitive Use
Distance
PL to PL
Distance
Bldg. to Bldg.

Residential Single Family Homes 60 ft. 107 ft.

Residential Multi-family Residences 266 ft. 465 ft.

Residential Attached Condominiums 260 ft. 450 ft.

House of
Worship
Lincoln Avenue Community
Church 103 ft. 250 ft.

House of
Worship Buddha Panya Society 1,372 ft. (0.26 miles) 1,650 ft. (0.31) House of
Worship
Shanthi Vihara Buddhist
Center 2,196 ft. (0.42 miles) 2,400 ft. (0.45 miles)
House of
Worship
Holy Missionary Baptist
Church 3,590 ft. (0.68 miles) 3,785 ft. (0.72 miles)
School Montvue Elementary School 675 ft. 862 ft.

School Allison Leroy Elementary
School 3,640 ft. (0.69 miles) 3,950 ft. (0.75 miles)
School Kingsley Elementary School 3,110 ft. (0.59 miles) 3,735 ft. (0.71 miles) Park Montvue Park 420 ft. 610 ft.

Group Care/
Transitional
Housing
Sunshine Manor 770 ft. 1,120 ft.

School Montclair High School
(Montclair) 3,915 ft. 4,390 ft.

School Lehigh Elementary School
(Montclair) 3,050 ft. 3,190 ft.

School San Antonio High School
(Claremont) 2,800 ft. 2,870 ft.

Park Sunset Park (Montclair) 2,895 ft. 3,000 ft.

Park Montclair Community
Garden (Montclair) 3,650 ft. 3,685 ft.

Park Wilderness Park (Montclair) 3,735 ft. 3,765 ft.

Park Rancho San Jose Park
(Claremont) 2,690 ft. 2,815 ft.

Planning Commission Meeting
Request Location Plans Compliance Summary
Standard Proposed Project Compliance
Determination
Plot plans, landscape and irrigation
plans, floor plans and elevations shall
be approved by the planning
commission
Provided N/A
Off-Street Parking: for off-sale one
parking space shall be provided for 100
sq. ft. of gross floor area
Sufficient Yes
Parking Lot Standards: Parking lots,
including the landscaping and lighting
thereof shall be installed and
maintained in accordance with city
standards
Sufficient Yes
Proximity: The proposed location shall
be sufficiently removed from any
existing residential development or
zoning and any religious facility, school,
park or playground so as not to be
detrimental to that use
Sufficient Yes
Planning Commission Meeting
Request Location Plans Compliance Summary
• Environmental
• The proposed project was determined to be Categorically Exempt from CEQA, under Section 14302, Class 2 (Replacement or Reconstruction) in that the proposed project consists of the replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity
• Noticing
• All public noticing was completed as required by law. • No comments in support or opposed to the project were received.

Planning Commission Meeting
Request Location Plans Compliance Summary
• Staff recommends that the Planning Commission move to close the public hearing and approve the requests per Staff’s recommendations for Modification of Conditional Use Permit (CUPMOD 16701-2021) and Conditional Use Permit (CUP
17057-2021) subject to findings and conditions.