505 S. Garey Ave
Pomona, CA 91766
Wednesday, December 14, 2022
City of Pomona
Draft Action Minutes
Planning Commission
Chairperson Yesenia Miranda Meza
Vice-Chairperson Alfredo Camacho
Commissioner Gwen Urey
Commissioner John Ontiveros
Commissioner Ron VanderMolen
Commissioner Kristie Kercheval
Commissioner Dr. Kyle Brown
7:00 PM
Council Chambers
CALL TO ORDER
Chairperson Miranda Meza called the Planning Commission meeting to order at 7:00 p.m. in the Council Chambers.
PLEDGE OF ALLEGIANCE
Chairperson Miranda Meza led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Yesenia Miranda Meza
Vice-Chairperson Alfredo Camacho
Commissioner Gwen Urey
Commissioner Kyle Brown
Commissioner Kristie Kercheval (arrived at 7:03 p.m.)
Absent: Commissioner John Ontiveros
Commissioner Ron VanderMolen
Staff Present: Anita D. Gutierrez, Development Services Director Ata Khan, Planning Manager
Lynda Ramos, Associate Planner
Alan Fortune, Assistant Planner
Arnold Dichosa, City Engineer
Marco Martinez, Assistant City Attorney
PUBLIC COMMENT
A member of the public stated that he has some concerns pertaining to the project that is located on 1194 West Grand (Development Plan Review Hearing scheduled on December 14, 2022 at 9am). He stated that in this particular block of Grand Avenue there has been about 16 new units in the last couple of years. He mentioned that if you look at this project located at 1194 West Grand there will be an additional eight units. He said that there is insufficient parking for these projects on Grand which has had a huge impact on the neighborhood.
COMMISSIONER COMMUNICATION
Commissioner Kercheval mentioned that the traffic sign located on White Avenue north of the freeway was fixed and would like to thank staff for working on this. She said that it is obviously being vandalized because it is currently not working.
Commissioner Urey stated that Dr. Richard Wilson, who is a long-time member of our department at Cal-Poly Pomona and a giant in Planning in the Region passed away on December 6, 2022.
CONSENT CALENDAR
1. Approval of Draft Planning Commission Action Minutes meetings of September 14, 2022 and October 26, 2022.
A motion by Commissioner Brown, seconded by Commissioner Urey, carried by a unanimous vote of the members present (5-0-0-2) to approve the consent calendar.
Chairperson Miranda Meza - yes; Vice-Chairperson Camacho – yes; Commissioner Urey – yes; Commissioner Ontiveros – absent; Commissioner VanderMolen – absent; Commissioner Kercheval – yes; Commissioner Brown – yes.
OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 2 minutes (7:04 p.m. to 7:06 p.m.)
2. Time Extension (EXT 017290-2021)
Project Address: 675 E. Mission Blvd.
A motion by Commissioner Brown, seconded by Commissioner Urey, carried by a unanimous vote of the members present (5-0-0-2) to approve the consent calendar.
Chairperson Miranda Meza - yes; Vice-Chairperson Camacho – yes; Commissioner Urey – yes; Commissioner Ontiveros – absent; Commissioner VanderMolen – absent; Commissioner Kercheval – yes; Commissioner Brown – yes.
OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 2 minutes (7:04 p.m. to 7:06 p.m.)
3. Time Extension (EXT 020032-2022)
Project Address: 675 E. Mission Blvd.
A motion by Commissioner Brown, seconded by Commissioner Urey, carried by a unanimous vote of the members present (5-0-0-2) to approve the consent calendar.
Chairperson Miranda Meza - yes; Vice-Chairperson Camacho – yes; Commissioner Urey – yes; Commissioner Ontiveros – absent; Commissioner VanderMolen – absent; Commissioner Kercheval – yes; Commissioner Brown – yes.
OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 2 minutes (7:04 p.m. to 7:06 p.m.)
4. Extension of Time (EXT 19780-2022)
Project Address: 55-65 Rancho Camino Drive
A motion by Commissioner Brown, seconded by Commissioner Urey, carried by a unanimous vote of the members present (5-0-0-2) to approve the consent calendar.
Chairperson Miranda Meza - yes; Vice-Chairperson Camacho – yes; Commissioner Urey – yes; Commissioner Ontiveros – absent; Commissioner VanderMolen – absent; Commissioner Kercheval – yes; Commissioner Brown – yes.
OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 2 minutes (7:04 p.m. to 7:06 p.m.)
PUBLIC HEARING ITEMS
1. Development Plan Review (DPR 17398-2021)
Project Address: 1320 W. Second Street
Associate Planner Ramos facilitated a presentation on this item. She stated that this development consist of a five (5) unit residential development located in the M-1 Light Industrial Zone, with an S-Overlay and SB330 Overlay. She mentioned that this housing development requires the approval of the Planning Commission. She said that our local inclusionary housing ordinance applies to residential developments of three or more units and also requires that rental dwelling units set aside 13% for moderate income. She mentioned that the applicant will provide one unit for low income. She stated that this project will consist of two buildings. She mentioned that SB330 establishes limitations on local government to disapprove a housing project unless you make specific findings on an adverse impact upon the public health or safety that can’t be mitigated or voided.
Planning Manager Khan stated that this project does meet ADA compliance in accordance to the building code. He mentioned that staff has made a recommendation to replace the Avocado Tree through the in-lieu fee, so that we can plant a tree elsewhere.
Chairperson Miranda Meza opened the public hearing.
Chairperson Miranda Meza closed the public hearing.
Development Director Gutierrez stated that Mrs. Yesenia Garcia meant to speak about another project that is on the agenda.
A motion by Commissioner Brown, seconded by Vice-Chairperson Camacho, carried by a unanimous vote of the members present (5-0-0-2) to approve Development Plan Review (DPR 17398-2021) with the condition to include an in-lieu fee to replace the Avocado tree.
Chairperson Miranda Meza - yes; Vice-Chairperson Camacho – yes; Commissioner Urey – yes; Commissioner Ontiveros – absent; Commissioner VanderMolen – absent; Commissioner Kercheval – yes; Commissioner Brown – yes.
OPPOSITION: Yesenia Garcia, neighbor, spoke in opposition of this project.
IN SUPPORT: Ezequiel Olvera, owner, spoke in support of this project.
Andrew Liang, architect, spoke in support of this project.
DISCUSSION TIME: 50 minutes (7:07 p.m. to 7:57 p.m.)
The Commission took a break for a few minutes.
2. Development Plan Review (DPR 18140-2022) and Tentative Tract Map (TRACT MAP 18440-2022) Project Address: 312 W. Franklin Avenue
Associate Planner Ramos facilitated a presentation on this item. She mentioned that this project will consist of 11 unit condominium project located in the R-3 Zone including the SB330 Overlay. She stated this project is subject to the inclusionary housing ordinance because these units are for sale they are required to provide 11% for moderate income. She mentioned that SB330 establishes limitations on local government to disapprove a housing project unless you make findings on an adverse impact upon the public health safety that can’t be mitigated or voided. She stated that this project consist of earth tone colors and will need a waiver for the front yard setback. She mentioned that the project’s common open space is short by 1000 square feet.
Planning Manager Khan mentioned that staff’s recommendation pertaining to the CC&Rs is to include a parking management plan that will involve ensuring that the garage is used as parking unless it is an illegal ADU conversion. He mentioned the lack of landscaping is due to the two guest parking and the functionality was vastly improve by converting this into an outdoor furniture area and walkway.
Chairperson Miranda Meza opened the public hearing.
Chairperson Miranda Meza closed the public hearing.
Planning Manager Khan said that condition number 47-J of the resolution states that the proposed fence must not be taller than 30 inches within the visibility triangle and within sight distance restricted areas. He stated the second condition is the applicant must install signage to reinforce on street parking restriction between Garey Avenue and Park Avenue.
The Commission, Staff and Assistant City Attorney spoke in length about the parking concerns of those individuals that spoke during the public hearing.
A motion by Commissioner Urey seconded by Commissioner Brown, carried by a unanimous vote of the members present (5-0-0-2) to approve Development Plan Review (DPR 18140-2022) and Tentative Tract Map (TRACT MAP 18440-2022) with the condition to include a parking management plan in the CC&Rs.
Chairperson Miranda Meza - yes; Vice-Chairperson Camacho – yes; Commissioner Urey – yes; Commissioner Ontiveros – absent; Commissioner VanderMolen – absent; Commissioner Kercheval – yes; Commissioner Brown – yes.
OPPOSITION: Alicia Ayala, neighbor, spoke in opposition of this project.
Rita Ayala, neighbor, spoke in opposition of this project.
Ediberto Vargas, neighbor, spoke in opposition of this project.
Mrs. Garcia, neighbor, spoke in opposition of this project.
Antonia Toscano, neighbor, spoke in opposition of this project.
Yesenia Garcia-Carlos, neighbor, spoke in opposition of this project.
IN SUPPORT: Eric Chan, of CDA, spoke in support of this project.
DISCUSSION TIME: 1 hour 3 minutes (7:59 p.m. to 9:02 p.m.) The Commission took a break for a few minutes.
3. Conditional Use Permit (18563-2022)
Project Address: 2455 N. Garey Avenue
Assistant Planner Fortune facilitated a presentation on this item. He stated that the request is for a Conditional Use Permit for Type 21 Off-Sale General Alcohol License at an existing convenience store (Gary One Stop Auto). He mentioned that the site is currently occupied by multiple uses and it has various detached structures such as a self-serve car wash, gasoline station, quick service restaurant, insurance office and automobile repair facility. He said that one off street parking space should be dedicated for every 100 square feet of alcohol related use and it is already being satisfied. He stated that the proposed project does not represent any new construction, so there will not be an increase in landscape. He mentioned that the nearest single family home is approximately 300 feet away. He stated that there is a relatively new multi-family structure about ¼ mile to the North and Palamores Park is about a ¼ mile east. He said the Palomares Academy of Science is about 1000 feet away and a house of worship about 800 feet way. He mentioned that staff has analyze the public health impacts that could potential come from this request. He said the principle analysis centered on the impact of alcohol outlet density on public health outcomes. He stated that the approval of this request will introduce another source of alcohol sales which will inheritably increase alcohol availability and density in the City. He mentioned that the City already has relatively high alcohol outlet density. He said due to the public health findings staff is recommending denial of this project.
Planning Manager Khan stated that there are about 22 gas stations that do not serve alcohol.
Chairperson Miranda Meza opened the public hearing.
Chairperson Miranda Meza closed the public hearing.
Director Gutierrez stated that main premise of staff’s recommendation of denial is public health and it is not reliant on the Police statistics. She mentioned that available license within the census tract but there is no obligation by the State or by nature of virtue of this permit.
A motion by Vice-Chairperson Camacho, seconded by Chairperson Miranda, carried by a unanimous vote of the members present (5-0-0-2) to deny Conditional Use Permit (CUP 18563-2022).
Chairperson Miranda Meza - yes; Vice-Chairperson Camacho – yes; Commissioner Urey – yes; Commissioner Ontiveros – absent; Commissioner VanderMolen – absent; Commissioner Kercheval – yes; Commissioner Brown – yes.
OPPOSITION: None
IN SUPPORT: Steven, the son’s applicant, spoke in support of this project.
Patricia Butler, a member of the public, spoke in support of this project.
Andrew Montoya, a member of the public, spoke in support of this project.
Deborah Plant, resident, spoke in support of this project.
DISCUSSION TIME: 39 minutes (9:08 p.m. to 9:47 p.m.)
DISCUSSION ITEMS
None
STAFF COMMUNICATION
Planning Manager Khan thanked the Commission for their service. He stated that Geoffrey provided a physical copy of the Historic Context Statement for the Commissioners.
Director Gutierrez thanked the Commission for their service.
ADJOURNMENT
The Planning Commission meeting was adjourned by Chairperson Miranda Meza at 9:50 p.m. to the next regularly scheduled meeting of January 11, 2023 at 7:00 p.m.
Respectfully submitted, Prepared by,
Ata Khan Miroslava PourSanae
Planning Manager Administrative Assistant