CITY OF POMONA
COUNCIL REPORT
December 4, 2023
To: Honorable Mayor and Members of the City Council
From: James W. Makshanoff, City Manager
Submitted By: Anita Gutierrez, AICP, Assistant City Manager/Development Services Director SUBJECT: APPEAL OF PLANNING COMMISSION DECISION REGARDING CONDITIONAL USE PERMIT NO. 18542-2022 FOR THE CREATION OF A DRIVE-THROUGH CONFIGURATION OF A RESTAURANT AND DEVELOPMENT PLAN REVIEW NO. 18543-2022 FOR THE REMODEL OF THE EXISTING BUILDING INTO AN EATING AND DRINKING ESTABLISHMENT ON A PROPERTY LOCATED AT 110 E. FOOTHILL BOULEVARD WITHIN THE NEIGHBORHOOD CENTER SEGMENT OF THE POMONA CORRIDORS SPECIFIC PLAN.
RECOMMENDATION:
It is that the City Council adopt the following resolutions (Attachment No. 1 and 2):
RESOLUTION NO. 2023-233 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP-018542-2022) FOR THE CREATION OF A DRIVE-THROUGH CONFIGURATION FOR A RESTAURANT ON A PROPERTY LOCATED AT 110 E. FOOTHILL BOULEVARD IN THE NEIGHBORHOOD CENTER SEGMENT OF THE POMONA CORRIDORS SPECIFIC PLAN AND ACTIVITY CENTER AND URBAN NEIGHBORHOOD PLACE TYPES WITH T4-A AND T5 TRANSECTS (APN 8367-001-062) RESOLUTION NO. 2023-234 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A DEVELOPMENT PLAN REVIEW (DPR-018543-2022) FOR THE REMODEL AND CONVERSION OF AN EXISTING 4,400 SQUARE-FOOT OFFICE BUILDING INTO AN EATING AND DRINKING ESTABLISHMENT, INCLUDING A 141 SQUARE FOOT ADDITION, ON A PROPERTY LOCATED AT 110 E. FOOTHILL BOULEVARD IN THE NEIGHBORHOOD CENTER SEGMENT OF THE POMONA CORRIDORS SPECIFIC PLAN AND ACTIVITY CENTER AND URBAN NEIGHBORHOOD PLACE TYPES WITH T4-A AND T5 TRANSECTS (APN 8367-001-062) 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 creation of a drive-through configuration and the remodel of the existing building into an eating and drinking establishment known as “Popeye’s,” 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 3-3-0-1 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. 3). On November 6, 2023, the Council scheduled the matter for a new public hearing before the City Council to consider the request.
FISCAL IMPACT:
There will be no impact at this time.
PUBLIC NOTICING REQUIREMENTS:
Pursuant to Section 2.0.5-C (Development Plan Review Hearings) of the Pomona Corridors Specific Plan, a notice of public hearing shall be given not less than fourteen (14) days before the scheduled date of a hearing, shall be mailed to owners and occupants of property located within a 1,000-foot radius of the project site boundaries, and shall be posted on the project site not more than three hundred feet (300’) apart along the project perimeter fronting on improved public streets. Pursuant to Section .580 of the City of Pomona Zoning Ordinance (Conditional Use Permits), a notice of public hearing shall be published in a daily newspaper of general circulation in the community not less than ten days before the date of public hearing. A notice of public hearing was sent to the applicant, tenants, and owners of properties located within a 1,000-foot radius of the project site boundaries and was published in the Inland Valley Daily Bulletin on November 20, 2023 (Attachment No. 3).
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 3-3-0-1 vote, with Commissioner VanderMolen being absent. Because the motion to approve did not pass and no subsequent motions were made by the Commission, the requests were not approved. On October 12, 2023, the applicant submitted a request to appeal the decision of the Commission to the City Council. On November 6, 2023, Staff presented the appealed item as a discussion and recommended that the City Council remand the matter back to the Planning commission to consider the request at a future scheduled public hearing or, alternatively, schedule a public hearing before the City Council to consider the request. After discussion, the Council made a motion to schedule the item as a public hearing before the City Council to consider the request.
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 to an existing structure, including the addition of a drive-through lane, exterior façade renovations, and a 141 square foot addition. The proposed project described above hereby meets the guidelines for a Categorical Exemption, therefore no further environmental review is required.
DISCUSSION:
Location of Request
General Location
The subject site consists of a single parcel at approximately 27,200 square feet or about 0.62 acres in size. At the southeast corner of the intersection, the property is a corner lot bounded by North Garey Avenue to the west and East Foothill Boulevard to the north. Functionally, the property is a part of a larger commercial development. Access is currently provided from both streets with an existing access driveway on East Foothill Boulevard and an existing access driveways on North Garey Avenue. The parcel is currently developed with one detached commercial structure that is currently unoccupied. The subject structure was previously occupied by Chase Bank. The building permit records of the Building and Safety Division indicate that the commercial building on site was constructed in approximately 2012 as a bank. The site currently consists of mostly asphalted surface with open parking and landscaping dispersed throughout, mostly concentrated at the north and west frontages of the lot as setback area landscaping. The existing parking lot has 25 parking spaces.
Aerial MapFoothill Blvd.N. Garey Ave.Aerial MapFoothill Blvd.N. Garey Ave.Figure 1. Location of Request Aerial Map
Foothill Blvd.
N. Garey Ave.
Aerial Map
Foothill Blvd.
N. Garey Ave.
Adjacent Land Uses & Current Zoning
The use as an eating and drinking establishment is a use permitted in the current zoning designation of Neighborhood Center, with drive-through establishments require the approval of a conditional use permit. The existing structure was constructed in 2012, and was designed as a single tenant commercial building. Many of the current development standards of the PCSP, including improvements to existing streets such as the “Regional Boulevard” street improvements Foothill Boulevard and the “Parkway” street improvements on North Garey Avenue, were executed during this time.
The property functionally operates as a component of a larger commercial development known as “Foothill Square.” This commercial development is located at the southwest corner of the intersection of North Garey Avenue and Foothill Boulevard and is developed across multiple properties that are all contiguous to the subject site. The properties immediately adjacent to the south and east of the subject site are also zoned within the Neighborhood Center segment of the PCSP. The structure to the south is a single tenant commercial structure that is currently vacant, while the structure to the east is a drive-through restaurant operating as a “Carl’s Jr.” The anchor tenant of this commercial development is the “Superior” grocery store.
The properties across Foothill Boulevard to the north and across North Garey Avenue to the west are all properties within the City Gateway Segment of the PCSP. Dirctly to the north across Foothill Boulevard is a commercial development consisting of a one single-tenant structure being utilized as a drive-through eating and drinking establishment known as “Santana’s Mexican Food” and two multi-tenant commercial structures including eating establishments such as “Papa John’s Pizza,” and “Mochinut,” and other retail establishments and commercial services including a nail salon, a beauty supply store, a furniture store, a draperies and decoration store, and a small grocery store. Across the intersection to the northwest is another drive-through establishment operating as a “Jack in the Box.” Across North Garey Avenue directly to the west is a “Chevron” gasoline station. South of this gasoline station and convenience store is a multi-family residential development known as the “Terremonte Apartment Homes,” which sits directly north of the City of Knowledge School Zoning MapPCSP – City Gateway Segment R-3 – Medium Density Multiple Family PCSP – Neighborhood Center Zoning MapPCSP – City Gateway Segment R-3 – Medium Density Multiple Family PCSP – Neighborhood Center Figure 2. Current Zoning Zoning Map
PCSP – City Gateway Segment
R-3 – Medium Density Multiple Family
PCSP – Neighborhood Center
Zoning Map
PCSP – City Gateway Segment
R-3 – Medium Density Multiple Family
PCSP – Neighborhood Center
General Plan Land Use
The Pomona General Plan designates the location as two place types; “Urban Neighborhood” Place Type at the northern portion of the parcel and “Activity Center” Place Type at the southern portion 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.
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.
Most of the contiguous commercial development of which the subject property is a part is designated as the Urban Neighborhood Place Type with the closest properties to the south, east, and southeast designated as Activity Center Plact Type. Directly north and west of the subject site at the corners of the Foothill Boulevard and North Garey Avenue intersection is the “Neighborhood Edge” Place Type. To the south east of the subject site is the “Residential Neighborhood” Place Type.
The subject parcel is also designated as two transect zones. The northern protion of the property is within the T4-A Trancest with the majority of the property designated as T5 Transect. The T4-A allows for developments up to a maximum of four floors and a maximum of seventy dwelling units an acre. The T5 Transect allows for developments up to a maximum of six floors and a maximum of eighty dwelling units per acre. The proposed use is within the allowable maximums set by the respective General Plan transect zones.
General Plan Place TypeNeighborhood EdgeResidential Neighborhood Urban Neighborhood Activity Center General Plan Place TypeNeighborhood EdgeResidential Neighborhood Urban Neighborhood Activity Center Figure 3. General Plan Land Use General Plan Place Type
Neighborhood Edge
Residential Neighborhood
Urban Neighborhood
Activity Center
General Plan Place Type
Neighborhood Edge
Residential Neighborhood
Urban Neighborhood
Activity Center
Request Details
The applicant is requesting for the conversion and exterior remodel of an existing 4,400 square foot single-tenant commercial office building into an eating and drinking establishment with a drive-through configuration and a 141 square foot addition. The proposed tenant will be a “Popeye’s” fast-food restaurant. The exterior of the building and facades will be redesigned and re-clad from a more Contemporary style of architecture to a Googie-inspired style, therefore changing the character of the street facing facades. The west portion of the existing open surface parking lot will be removed and replaced with double drive-through lane configuration. The 141 square foot addition will be limited to the south façade to bring the building footprint closer to the proposed drive-through lane and bringing the proposed building to a total of 4,541 square feet. Notable site improvements required as conditions of approval include screening the drive-through lane from view from the public right of way and significantly increasing the area of on-site landscaping.
Figure 4. Site Plan
Staff Analysis
Applicable Code Sections
The subject site is located within the Neighborhood Center segment of the Pomona Corridors Specific Plan (PCSP) which allows drive-through configurations as a permitted use through the approval of a conditional use permit, pursuant to Section 2.1.6 of the PCSP.
Separately, pursuant to the Pomona Corridors Specific Plan, Section 2.0.5.C.1.c, a Development Plan Review Hearing shall be required for any project within the Plan area if the proposed exterior façade renovations change the character of existing street facing facades or facades that are clearly visible form the public rights of way.
Because the site is located within the Pomona Corridors Specific Plan, the standards for drive-through restaurants within the Pomona Zoning Ordinance do not apply, therefore the standards applied for Development Plan Review (DPR-018543-2022) represent all applicable standards for this project. The applicable standards of Section 2.1.6 Neighborhood Center segment of the PCSP and are elaborated in Table 1.
Code Compliance
Compliance with the Pomona Corridors Specific Plan Section 2.1.6 Neighborhood Center development standards are provided in Table 1 below.
Table 1: Development Standards in Section 21.6 Neighborhood Center Transect Zone
Allowable Density
Proposed Project
Compliance Determination
T-4A / T-5
70 du/ac (T-4A)
80 du/ac (T-5)
N/A
Yes
Development Standards:
PCSP Requirement
Proposed
Project
Compliance Determination
2.2 Building Use Regulations
2.2.1 Use Types
A. Retail
Community Oriented Anchors
Eating & Drinking Establishments
Specialty Goods & Foods
Entertainment & Recreation
Convenience Uses
Business Services
Personal Services
Service Commercial and Repair
Eating & Drinking Establishment
Yes, permitted in a Neighborhood Center configuration
2.2.2 Special Retail Configuration
Drive-through – conditional
Drive-through
Yes
2.3 Building Scale Regulations
2.3.1 Building Height
Minimum: 1 story & 20 feet
Maximum Height: 6 Stories
1 Story
Yes
2.3.2 Special Building Height Limits
Holt/Mission/Garey: 4 stories max
1 Story
Yes
2.3.3 Building Length
Maximum: 300 feet
101.6’
Yes
2.3.5 Building Massing- Length(L): Height(H)
Holt/Mission/Garey:
3L:2H to 3L:1H
Along all streets:
2L:3H: to 5L:2H
Existing
Existing, legal non-conforming
2.4 Frontage and Building Placement Regulations
2.4.1 Building Orientation to Streets & Public Open Space Required
Sufficient
Yes
2.4.2 Private Frontage Types
Types Permitted:
Shop-Front
Corner Entry
Arcade
Grand Portico
Forecourt
Common Lobby Entry
Stoop
Edge Treatment: Fenced
Edge Treatment: Terraced
Edge Treatment: Flush
Conditional Types:
Front Vehicular Door
Existing
NA
2.4.3 Front Yard Setback
Minimum: 0 feet along Garey
Maximum: 15 feet along Garey
Minimum: 0 feet along Foothill
Maximum: 10 feet along Foothill
Approx. 16.5 ft. along Foothill Blvd.
Existing, legal non-conforming
2.4.4 Side Yard Setback
Minimum w/out living space windows: 0 feet
Existing
Yes
2.4.5 Rear Yard Setback
Minimum: 10 feet
Existing
Yes
2.4.6 Alley Setback
Minimum: 5 feet
NA
Yes
2.4.7 Frontage Coverage
Minimum: 50%
Existing, less than 50%
Existing legal non-conforming
2.4.8 Space Between Buildings
Minimum: 20 feet
NA
Yes
2.4.9 Build-to-Corner
Build-to-corner: Required
Existing
Existing legal non-conforming
2.5 Street Regulations
2.5.1 Improvements to Existing Streets
Palm Gateway (Garey) and Regional Boulevard (Foothill): Required Existing
Yes
2.6 Open Space Regulations
2.6.1 Provision of Public Open Space
Only applicable to developments over 20,000 SF
N/A
Yes
2.6.6 Setback Area Landscape Types
B. Perimeter Block Setback Areas
Sidewalk Extension- Required
Neighborhood Street Landscaping-Permitted
Provided
Yes
2.6.7 Stormwater Management Types
Types Permitted:
Landscaped setback/Open Space
Vegetated Swale/Strip
Rain Garden
Landscaped Tree Well
Grated Tree Well
Permeable/Pervious Paving
Green Roof
Waterscape
Rainwater Harvesting/Vault
Rainwater Harvesting/Vault
Yes
2.6.8 General Open Space & Setback Area Guidelines
See Section 2.6.8 of the PCSP
Provided
Yes
2.7 Parking Regulations
2.7.1 Provisions of Parking
See section 2.7.1 of PCSP – Neighborhood Center Segment Shared Parking
Yes
2.7.2 Parking Types
Permitted Types:
Surface Lot – Rear
Structure – Wrapped (all)
Partially Submerged Podium
Structure - Underground
Rear
Yes
2.7.3 General Parking Requirements
See Section 2.7.3 of the PCSP
Provided
Yes
2.8 Architectural Regulations
2.8.1 Façade Requirements
Required
Provided
Yes
2.8.2 Architectural Guidelines
See Section 2.8.2 of the PCSP
Provided
Yes
2.8.3 Architectural Character
See Section 2.8.3 of the PCSP
Provided
Yes
Other Standards
Trash Facilities
Required
Provided
Yes
Water Efficient Landscape Ordinance Compliance
Required
Provided
Yes
As detailed in the Compliance Summary above, the project conforms to the applicable standards of the Neighborhood Center segment of the PCSP. The early iterations of the project design called for the new construction of the drive-through restaurant, however the applicant found difficulty designing a new build drive-through configuration that met all development standards of the PCSP, such as minimum frontage coverage along Garey Avenue. At Staff’s recommendation, the proposed project will be converting the existing building rather than demolishing and constructing a new one. This change allowed for a reduction in parking, as the site overall is over-parked, and to further separate the proposed drive-through queueing lane from the public right of way. There are also significant environmental benefits to retaining an existing building rather than constructing a new one. The project proposes a 141 square foot addition to bring the building footprint closer to the proposed drive-through lane.
It is a requirement of the PCSP within the Neighborhood Center segment that eating and drinking establishments only be permitted in “Neighborhood Center” configurations of buildings. As required by the PCSP, Neighborhood Center configurations must be composed of a retail cluster which are two or more abutting retail establishments. Because the existing site is composed of a single-tenant structure, a second tenant space is required and will be created at the west third of the building. This space will not be directly part of the restaurant but will function as a conference center for “Popeye’s” and will have its own entrance and frontage.
The proposed façade renovations will replace the existing Contemporary architectural style for a “Googie” inspired architectural style, as seen in the project plans (Attachment 4) and Figures 5 and 6. This architectural style was recommended by Staff to reference U.S. Route 66, which runs through Pomona on Foothill Boulevard. Features of the building that are character-defining features of Googie styles include whimsical, geometric, and angular forms; large signage that is often more prominent than the building itself; bright, colorful color schemes; futuristic, space age imagery; and floor to ceiling display windows. Despite the limited extent that Googie style can be executed on the conversion of an existing building, many proposed features successfully convey this style or are inspired by it. These include a sleek metal canopy, a bright and contrasting color palette, large signage, neon features throughout, an angled roofline to the extent feasible, and angular geometric patterns.
Many development standards of the Pomona Corridors Specific Plan, such as standards pertaining to frontage coverage, building placement, and building massing, do not apply as this is an existing structure with only façade changes being made. All other development standards are being satisfied to the extent feasible. Other architectural features that have been included in the design to satisfy the Architectural, Street, Open Space, and Parking Regulations of the PCSP include:
Transom windows above street facing glazing
All new windows shall be at least 20% of the building height Including façade top and base treatments in the form of a parapet cornice and a base change of material Pedestrian crosswalks crossing the drive-through queueing lane will be clearly delineated and raised to create a safer pedestrian environment A relatively large amount of landscaping will be included on the property, approximately 27.66% of the site, or approximately 7,523 square feet will be landscaped. This is well beyond the required 15% minimum of lots for non-residential developments that must be landscaped, per the Water Efficient Landscape Ordinance. This landscaping includes the moderate to heavy screening, as required by the PCSP. The landscaped area will include at least 11 new trees on property with two existing trees to be retained. Additional conditions of approval include that all landscaping must be a minimum and continuous 42” tall opaque barrier to partially screen the drive-through lane queue to limit the effect of headlights onto the sidewalks and public right of way. A separate condition requiring that all lighting in parking areas and pedestrian walkways be at a minimum of a 1-foot candle lighting standard.
The drive-through lane is of a “wye” configuration composed of two drive-through lane entrances that shortly merge into one. The drive-through lane will be configured in such a way to guide any potential vehicle overspill from the ordering queue away from the both North Garey Avenue and Foothill Boulevard. The total capacity of the vehicular queue within the drive-through lane is eleven (11) vehicles. Additionally, there will be two parking spaces dedicated to mobile order pick-up (MOP).
Figure 5: Proposed North and South Elevations
(Continued on next page)
Figure 6: Proposed East and West Elevations
Findings
Conditional Use Permit (CUP-018542-2022)
In analyzing a Conditional Use Permit, Staff reviews five findings of fact that the deciding body, the City Council, must make to approve such requests pursuant to Section .580.B. These findings must be made for the approval of a Conditional Use Permit (CUP-018542-2022). The analyses related to each of these findings are as follows:
That the proposed use at the particular location will contribute to the general wellbeing of the neighborhood or community.
The proposed use at the particular location will contribute to the general wellbeing of the neighborhood and community as it is activating an existing structure that has sat vacant since at least 2020. The proposed use as an eating and drinking establishment will provide a beneficial service to nearby neighborhoods and to the public. The alteration of the building by creating a second entrance establishes the structure as having a “Neighborhood Center” configuration, which would potentially allow more than one tenant to occupy the building in the future. The creation of this tenant space will provide additional commercial opportunities to local residents. The establishment of an eating and drinking establishment with a drive-through configuration, along with the creation of a second potential tenant space, will strengthen the Activity Center and will contribute to the general wellbeing of the neighborhood and community.
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 project will not be detrimental to the health, safety, peace, and general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood as the proposed use will convert an existing vacant building previously used as an office space to the more street-oriented and active use of an eating and drinking establishment with a supplemental double drive-through configuration. The establishment of this use at this particular location will contribute to the general welfare of the vicinity as it is activating an existing structure that has sat vacant since at least 2020 and that is located on a corner lot bounded by two arterial streets within an Activity Center. The existing single-tenant building will be modified into a “Neighborhood Center” configuration, as described by the Pomona Corridors Specific Plan, to have a second entrance and tenant frontage which would potentially allow more than one tenant to occupy the building in the future. The establishment of an eating and drinking establishment with a drive-through configuration, along with the conversion of the single-tenant building into a “Neighborhood Center” configuration, will strengthen the Activity Center and will provide a beneficial service to nearby neighborhoods and to the public and will provide additional commercial opportunities to local residents.
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 with the land and uses in the neighborhood and make it compatible thereto.
The site is of adequate topography, size, and shape to accommodate the proposed use. There is a shared parking agreement that is recorded between the subject properties and the adjacent properties, allowing parking on adjacent lots to be utilized for the proposed use. The new drive-through queue will accommodate eleven vehicles and will be configured to be in such a way to prevent any potential vehicle overspill from obstructing the public right of way. Designated loading spaces, a new trash enclosure, and significantly increased landscaping are proposed for by the site to make the project compatible to the neighborhood.
That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use.
The subject site is located along a minor arterial street, Garey Avenue, and a principal arterial street, Foothill Boulevard, both of which are capable of accommodating any additional vehicle trips that may be generated by the proposed use. The site will have multiple dedicated pedestrian access points, one on Garey Avenue and three on Foothill Boulevard, and will be entirely separated from vehicular traffic navigating the site. Bicycle racks will be provided as well along North Garey Avenue. Additionally, Foothill Boulevard is serviced by the Foothill Transit 188 bus and Garey Avenue by the Foothill Transit 291 bus, with both routes having stops nearby.
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.
The granting of the proposed project as conditioned is consistent with the Pomona General Plan and all and all applicable requirements of the Pomona City Code. The proposed request is within the “Activity Center” and “Urban Neighborhood” Place Type designations under the Pomona General Plan. The proposed project specifically meets Pomona General Plan Goal 6A.G8 for “Activity Center,” which reads encourages new developments to “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 will establish an inherently more active use through an eating and drinking establishment, as well as create a second tenant space, both of which are particularly important at the corner of two arterial streets and within the mixed-use zones of the specific plan. Orienting the primary entrance of the establishment toward Foothill Boulevard and having dedicated pedestrian entrances separate from vehicular access points will encourage a pedestrian environment, in addition having a drive-through configuration, further implementing the intent of the respective designated place types.
Development Plan Review (DPR-018543-2022)
In analyzing a Development Plan Review, Staff reviews four findings of fact that the deciding body, the City Council, must make to approve such requests, pursuant to Section 2.0.5.A.4. These findings must be made for the approval of a Development Plant Review (DPR-018543-2022). The analyses related to each of these findings are as follows:
The project is consistent with the City’s General Plan and all applicable requirements of the Pomona City Code; The granting of the Development Plan Review to allow the project as conditioned is consistent with the Pomona General Plan and all applicable requirements of the Pomona City Code. The proposed request is within the “Activity Center” and “Urban Neighborhood” Place Type designations under the Pomona General Plan. The proposed project specifically meets Pomona General Plan Goal 6A.G8 for “Activity Center,” which reads encourages new developments to “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 will establish an inherently more active use through an eating and drinking establishment, as well as create a second tenant space, both of which are particularly important at the corner of two arterial streets and within the mixed-use zones of the specific plan. Orienting the primary entrance of the establishment toward Foothill Boulevard and having dedicated pedestrian entrances separate from vehicular access points will encourage a pedestrian environment, in addition having a drive-through configuration, further implementing the intent of the respective designated place types. The granting of the Development Plan Review to allow the project as conditioned is consistent with the Pomona General Plan and all applicable requirements of the Pomona City Code. The project will meet all applicable City Codes and standards, with the approval of a Development Plan Review and will have appropriate conditions of approval to ensure that the development will not be detrimental to the health, safety or general welfare of the community. The project will have development characteristics that are compatible with and not detrimental to either existing or proposed surrounding development.
The project will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood; The proposed project will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood as the proposed use will convert an existing vacant building previously used as an office space to the more street-oriented and active use of an eating and drinking establishment with a supplemental double drive-through configuration. The establishment of this use will at this particular location will contribute to the general welfare of the vicinity as it is activating an existing structure that has sat vacant since at least 2020 and that is located on a corner lot bounded by two arterial streets within an Activity Center. The existing single-tenant building will be modified into a “Neighborhood Center” configuration, as described by the Pomona Corridors Specific Plan, to have a second entrance and tenant frontage which would potentially allow more than one tenant to occupy the building in the future. The façade of the existing structure is proposed to be remodeled to change its architecture from a Contemporary style to a Googie inspired style. This change is appropriate given the project’s location along U.S. Route 66 on Foothill Boulevard. The creation of an eating and drinking establishment with a drive-through configuration, along with the conversion of the single-tenant building into a “Neighborhood Center” configuration, will strengthen the Activity Center and will provide a beneficial service to nearby neighborhoods and to the public and will provide additional commercial opportunities to local residents.
The project will not adversely affect the Circulation Plan of this Specific Plan; The project is not proposing to alter existing driveway access points with the public right of way. Dedicated pedestrian access points will be provided leading from the public right of way to the structure, entirely separated from vehicular traffic. Bicycle racks will be provided as well along North Garey Avenue. The drive-through lanes will have a capacity of eleven vehicles and be configured in such a way to keep any potential vehicle overspill from the ordering queue away from the both North Garey Avenue and Foothill Boulevard. Garey Avenue is designated as a Minor Arterial and Foothill Boulevard is a Principal Arterial, both of which are able to accommodate any increase traffic volumes that may be generated by the proposed use. Additionally, Foothill Boulevard is serviced by the Foothill Transit 188 bus and Garey Avenue by the Foothill Transit 291 bus. As conditioned, the project not adversely affect the Circulation Plan of the Corridors Specific Plan.
The project complies with the applicable provisions of the Pomona Corridors Specific Plan and other applicable regulations.
The project has been thoroughly reviewed and meets all applicable provisions of the Pomona Corridors Specific Plan and other applicable regulations, including all applicable development standards of the Pomona Zoning Ordinance such as Section .503-L Loading Space requirements, Section .503-C Trash Facilities, and the Water Efficiency Landscape Ordinance.
ATTACHMENTS:
Attachment No. 1 – Draft City Council Resolution No. 2023-233 (CUP-018542-2022) Attachment No. 2 – Draft City Council Resolution No. 2023-234 (DPR-018543-2022) Attachment No. 3 – Notice of Public Hearing
Attachment No. 4 – Planning Commission Staff Report (with attachments) for September 27, 2023 Attachment No. 5 – Appeal Application and Letter Submitted by Applicant dated October 12, 2023 Attachment No. 6 – City Council Meeting Staff Report for November 6, 2023 Attachment No. 7 – Staff Presentation
Appeal of CUP No. 18542-2022 and DPR No. 18543-2022