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 2000 POMONA BOULEVARD (Case File: CUP 000286-2024) (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 continued a request for an outdoor storage yard (Case File: CUP-000286-2024) at 2000 Pomona Boulevard to the next regularly scheduled meeting of May 22, 2024 (6-1-0-0). The Commission asked for additional clarification on the proposed uses, and an updated site plan. On May 22, 2024, the Planning Commission denied the request (4-3-0-0). 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 developed with a 60,221 square foot building. Since the date of appeal, the applicant 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 2000 Pomona Blvd Owner. The Planning Commission motioned to continue the public hearing to May 22, 2024, which passed 6-1-0-0. On May 22, 2024, the Planning Commission considered the request at the continued public hearing, and first motioned to approve the request; this failed 3-4-0-0. The subsequent motion to deny passed 4-3-0-0. The denial 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
2000 Pomona Boulevard
Assessor’s Parcel Number (APN)
8348021002
Lot Size
11.02 General Plan Place Type
Workplace District
General Plan Transect Zone
-
Zoning District
M-1 Light Industrial
Historic District
-
Specific Plan
-
City Council District
1 Applicant
2000 Pomona Boulevard Owner, LLC
Property Owner
2000 Pomona Boulevard 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 an irregular shaped parcel totaling 11.02 acres in size. It is paved and improved with a 60, 221 square foot industrial building. It is not entitled with a land use. It is book-ended by two freight rail rights of way and the 71 freeway. The site and building is unoccupied, except for an existing lease for outdoor trailer storage. To the north across the railroad tracks are industrial uses along Mount Vernon Avenue; to the south across the railroad tracks are industrial uses within the Mission 71 Business Park; to the west is the 71 freeway and additional industrial office park uses; the site narrows out towards the east as the rails converge.
Adjacent Land Uses & Current Zoning
The subject site is located within the M-1 Light Industrial Zoning District. Properties to the north, east, and west are all within the same zoning district. Properties to the south are within the Mission 71 specific plan.
General Plan Land Use
The subject site is located within the Workplace District land use designation. Properties to the south and west are all within the same General Plan land use designation. Properties to north are within the Urban Neighborhood and Transit Oriented District land use designations, which permit 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 2). The applicant has prepared a site plan depicting the general piling of outdoor storage, and fire lanes and drive aisles (Attachment 3). The applicant has requested to operate the site 24 hours daily.
Since the date of appeal, 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 Planning Commission will 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. The proposed project described above hereby meets the guidelines for a Categorical Exemption. Therefore, no further environmental review is required.
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 denial resolution (Attachment No. 1).
ALTERNATIVE:
City Council approves the request and adopt attached draft approval resolution (Attachment No. 2).
Prepared by:
Ata Khan
Deputy Director
Development Services
ATTACHMENT(S):
Attachment No. 1: Draft City Council Denial Resolution
Attachment No. 2: Draft City Council Approval Resolution Attachment No. 3: Applicant Request
Attachment No. 4: Proposed Site Plan
Attachment No. 5: Agenda Packet for 5/22/2024 Planning Commission Meeting Attachment No. 6: Draft Denial Resolution of Planning Commission Attachment No. 7: Applicant Appeal Request
Attachment No. 8: Draft Action Minutes of 5/8/2024 Planning Commission Meeting Attachment No. 9: Draft Action Minutes of 5/8/2024 Planning Commission Meeting Attachment No. 10: Proof of Publication of Public Hearing Notice Public Hearing (Appeal) of CUP at 2000 Pomona Boulevard