CITY OF POMONA
COUNCIL REPORT
July 30, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Ata Khan, Deputy Director of Development Services SUBJECT: PUBLIC HEARING FOR PROPOSED OUTDOOR STORAGE YARD AT 1313 EAST PHILLIPS BOULEVARD (Case File: CUP 000360-2024) (Scheduled as appeal of Planning Commission decision) RECOMMENDATION:
Staff recommends that the City Council uphold the Planning Commission decision and adopt the attached denial Resolution (Attachment No. 1).
EXECUTIVE SUMMARY:
On May 8, 2024, at its regularly scheduled meeting, the Planning Commission held a public hearing and denied a request for an outdoor storage yard (Case File: CUP-000360-2024) at 1313 East Phillips Boulevard (4-2-1-0). The applicant, AG-5R Pomona Owner, LLC, has appealed the decision. The City Council approved a motion to consider the item at a public hearing. The applicant is requesting to establish an outdoor storage yard by Conditional Use Permit. The existing site is vacant and formerly operated by Recycled Wood Products under an existing entitlement for wood recycling, which the applicant has expressed interest in either surrendering or revoking in place of this request. Since the date of appeal, the applicant has provided additional technical studies for noise, greenhouse gases and air quality, and vehicle miles traveled, and has voluntarily accepted an increased fine amount for entitlement violations, for Council consideration. Staff initially recommended approval of the request; upon Planning Commission decision and findings put into the record to deny the request, Staff now recommends consistency with this discretionary action.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☒ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
There is no fiscal impact to this action.
DISCUSSION:
Decision and Appeal
On May 8, 2024, the Planning Commission, at its regularly scheduled meeting, conducted a public hearing to consider a Conditional Use Permit application for a proposed outdoor storage yard at 1313 East Phillips Boulevard. The applicant is AG-5R Pomona, LLC. The Planning Commission motioned to deny the request, which passed 4-2-1-0. The motion to deny was based upon findings of denial made into the record by various commissioners, which were then incorporated into a draft denial resolution (Attachment No. 6).
On May 28, 2024, the applicant filed an appeal of the Planning Commission decision (Attachment No. 3). On June 17, 2024, the City Council motioned to schedule the appeal for a public hearing.
Property Details
Address
1313 East Phillips
Assessor’s Parcel Number (APN)
8327-021-018, 8327-021-023, 8327-021-024, 8327-021-029
Lot Size
10.85 acres
General Plan Place Type
Workplace District
General Plan Transect Zone
-
Zoning District
M-2 General Industrial
Historic District
-
Specific Plan
-
City Council District
3 Applicant
AG-5R Property Owner, LLC
Property Owner
AG-5R Property Owner, LLC
Related Actions
Historic Preservation
N/A
Code Enforcement
No active code violations.
Building & Safety
N/A
Planning
No previous Planning Commission Actions.
General Location
The subject site consists of four parcels totaling 10.85 acres in size. It is paved and improved with two modular office buildings totaling 2,548 square feet and a large, 35,000 square foot canopy structure. It is entitled for a wood recycling facility, and was formerly used by Recycled Wood Products, who left the site in 2023. It is currently unoccupied. The site can be accessed at Grand Avenue and Phillips Boulevard. To the east of the site along Phillips is American Moving and Rigging, and Gamino’s Trucking off Signal and Phillips. To the west is Royal Cabinets, single-unit residential homes, and a house of worship. To the east along Grand is Doss logistics. To the west is Worldpac. The area is generally part of what is considered the Reservoir industrial district.
Adjacent Land Uses & Current Zoning
The subject site is located within the M-2 General Industrial Zoning District. Properties to the north and east are all within the same zoning district. The property is bounded to the west by a railroad. Beyond that, westward properties are within the M-1 Light Industrial Zoning District.
General Plan Land Use
The subject site is located within the Workplace District land use designation. Properties to the north and east are all within the same General Plan land use designation. Properties to the west, beyond the railroad tracks, are within the Workplace District Edge land use designation, which includes permission for housing.
Request Details
The applicant has requested to establish an outdoor storage yard at the subject location. The applicant has requested multiple types of outdoor storage (Attachment No. 3). The applicant has prepared a site plan depicting the general piling of outdoor storage, and fire lanes and drive aisles (Attachment No. 4). The applicant has requested to operate the site 24 hours daily.
Since the date of appeal, the applicant has completed three technical studies; a noise study, a vehicle miles traveled (VMT) study, and an air quality/greenhouse gases study. In addition, the applicant has voluntarily accepted a condition to pay a $1,000 fee for any code violation of the entitlement.
Applicable Code Sections
Section .580 of the Pomona Zoning Ordinance requires a Conditional Use Permit for the establishment of any industrial facility over 20,000 square feet in building size or on a lot greater than one acre.
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 environment and which shall, therefore, be exempt from the provisions of CEQA. The City Council, if seeking approval and reversal of the Planning Commission decision, may consider adopting a Categorical Exemption in compliance with Article 19, Section 15301, (Class 1—Existing Facilities) in that the project is an existing structure with no proposed expansions.
General Plan Conformance
The project site is designated as Workplace District in the Pomona General Plan. Based on the Planning Commission discretionary denial, Staff has concluded that the granting of this conditional use permit will adversely affect the General Plan of the City of Pomona, as identified in the Draft City Council denial resolution (Attachment No. 1).
ALTERNATIVE:
City Council approves the request and adopts the attached draft approval resolution (Attachment No. 2) Prepared by:
Ata Khan
Deputy Director
Development Services
ATTACHMENT(S):
Attachment No. 1: Draft Denial Resolution
Attachment No. 2: Draft Approval Resolution
Attachment No. 3: Applicant Request
Attachment No. 4: Proposed Site Plan
Attachment No. 5: 5/8/2024 Agenda Packet for Planning Commission Attachment No. 6: Draft Denial Resolution of Planning Commission Attachment No. 7: Applicant Appeal Submittal
Attachment No. 8: Draft Action Minutes PC 5-8-2024
Attachment No. 9: Applicant submitted VMT study
Attachment No. 10: Applicant submitted AQ/GHG study
Attachment No. 11: Applicant submitted Noise study
Attachment No. 12: Proof of publication of public hearing notice Public Hearing (Appeal) of CUP at 1313 East Phillips Boulevard