CITY OF POMONA
COUNCIL REPORT
November 6, 2023
To: Honorable Mayor and Members of the City Council
From: James W. Makshanoff, City Manager
Submitted By: Anita Gutierrez, AICP, Assistant City Manager SUBJECT: APPEAL OF A PLANNING COMMISSION DECISION REGARDING CONDITIONAL USE PERMIT NO. 18542-2022 FOR THE ESTABLISHMENT OF A DRIVE-THROUGH RESTAURANT AND DEVELOPMENT PLAN REVIEW NO. 18543-2022 FOR THE REMODEL OF THE EXISTING BUILDING INTO AN EATING AND DRINKING ESTABLISHMENT AT A PROPERTY LOCATED AT 110 E. FOOTHILL BOULEVARD WITHIN THE NEIGHBORHOOD CENTER SEGMENT OF THE POMONA CORRIDORS SPECIFIC PLAN (PCSP).
RECOMMENDATION:
It is recommended that the City Council take one of two actions:
Option 1: (Planning Staff Recommendation): Remand the matter back to the Planning Commission to consider the request at a future scheduled public hearing; or Option 2: Schedule a public hearing before the City Council to consider the request.
EXECUTIVE SUMMARY:
The matter before the City Council is an appeal by the project applicant of the Planning Commission's decision on a Conditional Use Permit (CUP) and a Development Plan Review (DPR). The permits would allow the establishment of a drive-through restaurant and the remodel of the existing building into an eating and drinking establishment, including exterior façade renovations located at 110 E. Foothill Boulevard within the Neighborhood Center segment of the Pomona Corridors Specific Plan (PCSP). On September 27, 2023, the Planning Commission (“Commission”) on a 3-3-1-0 split vote, with one Commissioner absent, did not approve the applicant’s requests for CUP-018542-2022 or DPR-018543-2022. On October 12, 2023, the applicant appealed the decision of the Commission to the City Council (Attachment No. 1). The Council may either remand the matter back to the Planning Commission to consider the request at a future scheduled public hearing or schedule a public hearing before the City Council to consider the request.
FISCAL IMPACT:
There will be no impact at this time.
PREVIOUS RELATED ACTION:
On September 27, 2023, the Planning Commission held a public hearing concerning CUP No. 018542-2022 and DPR No. 018543-2022. At this hearing, after discussion, the Commission motioned to approve Staff’s recommendation to approve the requests; however, the motion did not pass with a 3-3-1-0 vote. Because the motion to approve did not pass and no subsequent motions were made by the Commission, the requests were not approved. The Staff Report with attachments for the Planning Commission meeting on September 27, 2023 has been included for consideration as Attachment No. 2.
ENVIRONMENTAL IMPACT:
Pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA), the proposed project meets the criteria for a Class 1, Section 15301, Categorical Exemption (Existing Facilities) in that the project consists of minor alterations, including the remodel and addition of a drive-through lane, to an existing structure. The proposed project described above hereby meets the guidelines for a Categorical Exemption, therefore no further environmental review is required.
DISCUSSION:
At the Planning Commission public hearing on September 27, 2023, the Commission engaged in a discussion of whether the associated requests were appropriate and beneficial to the subject site and surrounding neighborhood, as was presented by Staff, however, a consensus was not met. One motion was made to approve the requests however the motion was not approved and no additional motions were made. The motion to approve did not pass on a 3-3-1-0 vote with Commissioner VanderMolen being absent.
As no motion to approve or deny the project was approved by the Commission, Staff recommends the City Council remand the decision back to the Planning Commission so that a definitive decision can be made at a future scheduled Planning Commission public hearing.
ATTACHMENTS:
Attachment No. 1 – Appeal Application and Letter Submitted by Applicant dated October 12, 2023 Attachment No. 2 – Planning Commission Meeting Staff Report (with attachments) for September 27, 2023.
Appeal of Denied CUP No. 18542-2022 & DPR No. 18543-2022