Planning Commission
June 26, 2024
Planning Commission
Planning Division Staff Report
DATE: May 26, 2024
TO: Chairperson and Members of the Planning Commission
FROM: Planning Division
REQUEST: 1707 N. Towne Ave., DPR-021499-2023, TRACTMAP-021501-2023 A request to develop a +/- 1.9 acre site with 45 residential units, consisting of eight structures, each three stories in height, as well as associated on -site and off -site improvements. The property is located within the Administrative Professional (A-P) district and SB330 Overlay distric t. The required entitlements for the project include a Development Plan Review and Tentative Tract Map.
EXECUTIVE SUMMARY
The applicant, RC Homes, Inc., is requesting to develop a +/- 1.9 acre site with 45 residential units, consisting of eight (8) structures, each three (3) stories in height, as well as associated on -site and off-site improvements (Attachment 3). The property is located within the Administrative Professional (A-P) district and SB330 Overlay district , the Activity Center and Urban Neigh borhood General Plan land use place types, as well as the T4-A and T5 General Plan transects. A Development Plan Review is required in order to review and approve the proposed site and building design and a Tentative Tract Map is required in order to revie w and approve the proposed subdivision for condominium purposes. In compliance with the California Environmental Quality Act (CEQA) guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning), staff has determined that the proposed project is consistent with the development density established by existing general plan policies for which an EIR was certified and, as such, additional environmental review is not required.
STAFF RECOMMENDATION
Staff recommends that the Plannin g Commission approve the r equest as presented in the draft resolutions (Attachment 1 & 2).
PROPERTY DETAILS
Address 1707 N. Towne Ave.
Assessor’s Parcel Number (APN) 8339001008
Lot Size +/- 1.9 acres or 82,764 square feet
General Plan Land Use Activity Center, Urban Neighborhood General Plan Transect T5, 6 floors max., 80 DU/AC max.
T4-A, 4 floors max., 70 DU/AC max.
Zoning District Administrative Professional (A-P) district SB330 Overlay district
Historic District N/A
Specific Plan N/A
City Council District District 4 – Elizabeth Ontiveros-Cole Applicant Tim Sales for RC Homes, Inc.
Property Owner ADC POMONA 3 LLC
DPR-021499-2023, TRACTMAP-021501-2023
1707 N. Towne Ave.
Planning Commission
June 26, 2024
RELATED ACTIONS
Historic
Preservation
No related historic preservation actions.
Code
Enforcement
No outstanding code enforcement actions.
Building &
Safety
02/28/2023; B -053093-2023; DEMOLISH 730 SQ FT STRUCTURE AND LANDSCAPING ON THE LOT FOR FUTURE DEVELOPMENT. CAP UTILITIES
06/12/2023; B -054560-2023; CELL SITE DEMO (2) STRUCTURES. REMOVE EXISTING MONOPOLE/FLAGPOLE, REMOVE TOWE R FOUNDATION 3' BELOW
GRADE, REMOVE EXISTING FIBERGLASS ANTENNA SHROUD, REMOVE TOWER &
GROUND EQUIPMENT, REMOVE EXISTING SHELTER & EQUIPMENT PADS Planning 02/28/2023; MISC -020925-2023; SB330 PRE -APPLICATION FOR 1707 N.
TOWNE.
City Council No related City Council actions.
LOCATION
1) General Location
The project site is located south of the I nterstate 10 Freeway at the northwest corner of Towne Ave. and San Bernardino Ave . Adjacent to the site is a vacant property immediately to the north, the Covenant Korean Church to the east, residential neighborhood to the south and the Central Baptist Church to the west. See Figures 1.1 and 1.2.
Figure 1.1 Vicinity Map
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June 26, 2024
Figure 1.2 Aerial View
2) Zoning
The ⃞ project site has a zoning designation of █ Administrative Professional district and █ SB330 Overlay district. See Figure 2.1.
Figure 2.1 Zoning Map
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June 26, 2024
3) General Plan
The ⃞ project site has a General P lan Place Type designation of █ Activity Center and █ Urban Neighborhood. See Figure 3.1.
Figure 3.1 General Plan Place Type Map
The ⃞ project site has a General Plan Transect designation of █ T5 (6 floors max., 80 DU/AC max.) and █ T4-A (4 floors max., 70 DU/AC max.). See Figure 3.2.
Figure 3.2 General Plan Transect Map
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Planning Commission
June 26, 2024
REQUEST DETAILS
1) Vehicular Access
The project site fronts two streets : San Bernardino Ave. ( Local Street classification) along the southern edge of the property and Towne Ave. (Major Arterial classification) along the western edge of the property . Primary vehicular access to the project site will occur at a single driveway lo cated along San Bernardino Ave. A dedicated e mergency vehicle access point will occur at a single driveway located along San Bernardino Ave. The app licant is proposing to install a vehicular gate at the San Bernardino Ave. driveway. Staff is recommending against the installation of the vehicular gate per General Plan policy 7D.18 which states, “Discourage gated entrances and restricted public access to subdivision/residential streets.” The applicant has also proposed a gate at the Towne Ave. driveway, however, staff is not opposed to this gate as it is intended for emergency vehicle access only. The project shall be conditioned to install a knox box on any gates to provide access to emergency personnel.
Figure 4.1 Vehicular Entry Access
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Planning Commission
June 26, 2024
Interior vehicular access is provided by a primary drive aisle beginning at San Bernardino Ave. that will traverse the western edge of the project site , continue easterly and terminate at the emergency vehicular access driveway along Towne Ave. Three additional private drives will feed off the primary drive aisle providing access to the ground level garages for each unit.
Figure 4.2 Vehicular Interior Access
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Planning Commission
June 26, 2024
2) Pedestrian Access
Multiple pedestrian access points have been incorporated into the design of the project site. Along Towne Ave. there are direct entryways into the four units located at the northeast corner of the site.
There are also two pedestrian gates between buildings “2” and “3” as well as buildings “4” and “5” that lead to paseos and entry ways to buildings “2 through 5”. Along San Bernardino Ave. there are direct entryways into all seven of the units along the southern edge of the property. There is also a single pedestrian gate between the driveway entry and building “1 .” Staff is recommending against the installation of the pedestrian gate along San Bernardino Ave. per General Plan policy 7D.18 which states, “Discourage gated entrances and restricted public access to subdivision/residential streets.”
Figure 5.1 Pedestrian Access
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Planning Commission
June 26, 2024
An interior pedestrian path of travel has been incorporated into the design of the project site. The pedestrian path of travel provides access from each of the units to the designated common open space area and paseos as well as acces s to San Bernardino Ave. and Towne Ave. The pedestrian path of travel will consist of concrete sidewalks and be conditioned to utilize decorative material for portions of the path of travel that crosses the vehicular drive aisle.
Figure 5.2 Pedestrian Path of Travel (POT)
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Planning Commission
June 26, 2024
3) Building Configuration
The project is proposing the construction of 45 townhouse style units, consisting of eight structures, each three stories in height . Building “1” will front San Bernardino Ave. and have direct entry to the homes from the public right-of-way. Buildings “2” and “3” as well as buildings “4” and “5” will front interior paseos and have direct entry to the homes from those paseos. Building “6” will f ront Towne Ave. and have direct entry to the homes from the public right-of-way. Building “6” will include a single ADA unit. Building “7” and “8” will front the common open space area and have direct entry to the homes from the open space area. Building “7” will include four ADA units. All units will have vehicular access to the garages via the private drives.
Figure 6.1 Building Configuration
Table 6.1 Building Type
Building No. 1 2 3 4 5 6 7 8
Building Type 7-plex 7-plex 7-plex 7-plex 7-plex 4-plex 4-plex 2-plex
Table 6.2 Unit Mix
Plan Type Qty. Area (sf) Private OS (sf) Beds Bath
Plan 1 3 1,274 48 3 2.5
Plan 2 18 1,583 84 3 2.5
Plan 2 ADA 5 1,554 84 3 2
Plan 3 19 1,696 83 4 3.5
DPR-021499-2023, TRACTMAP-021501-2023
1707 N. Towne Ave.
Planning Commission
June 26, 2024
4) Floor Plans
The project’s individual units are composed of three different floor plans ranging from 1,274 square feet in area to 1,696 square feet. Each of the units includes the following amenities:
• Living room
• Dining room
• In-unit washer and dryer
• Walk-in closet (Plan 1 only)
• Den or accessible restroom (Plan 2 only)
• 2-car garage
• In-garage storage for recycling, compost, and trash
• Deck (Plans 2 and 3 only)
Figure 7.1 Floor Plan, Plan 1
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Planning Commission
June 26, 2024
Figure 7.2 Floor Plan, Plan 2
Figure 7.3 Floor Plan, Plan 3
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Planning Commission
June 26, 2024
5) Architecture
The project’s architecture takes cues from the neighborhoods located to the south of the project site and incorporates elements of the Spanish Revival style. So me of the prominent identifying features of the Spanish Revival style incorporated into the building design include:
• Combined hip-and-gable roofs
• S-Tile roof coverings
• Decorative tile around entry ways
• Decorative, round “clay vents”
• Decorative shutters
• Decorative iron grilles
• Decorative corbels
Other architectural features include: white and beige stucco façade, metal roll -up garage doors, metal balcony railings, and decorative wall mounted lighting.
Figure 8.1 Illustrative Elevation
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Planning Commission
June 26, 2024
6) Open Space
Open space will be provided in the form of both common open space and private open space. The common open space consists of a large passive lawn area, covered gazebo area, dog park, and paseos. Additional open space amenities include benches, group seating areas, outdoor barbecues, garden beds, and outdoor movie screen backdrop. Private open space will be provided by a series of decks on the second floor of Plans 2 and 3.
Figure 9.1 Common Open Space
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June 26, 2024
Figure 9.2 Private Open Space, Plan 2 Deck
Figure 9.3 Private Open Space, Plan 3 Deck
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Planning Commission
June 26, 2024
7) Landscaping
The project will incorporate approximately 15,721 square feet of landscaped area th roughout the site. The landscapi ng will consist of a mix of drou ght tolerant trees and shrubs and be required to comply with the city’s Model Water Efficient Landscape Ordinance.
Figure 10.1 Conceptual Landscape Plan
8) Fencing and Walls
The project will construct multiple fences and walls, primarily along the perimeter of the site, ranging from 3-feet to 8 -feet in height. All fencing will be constructed of tubular steel and all walls will be constructed of split face block. Four pedestrian access gates are proposed, including three along Towne Ave. and one along San Bernardino Ave. A sliding vehicular gate is proposed along Towne Ave. for emergency vehicle access only and one swinging vehicular gate along San Bernardino Ave. Staff is recommending against the installation of the pedestrian and vehicular gates along San Bernardino Ave. per General Plan policy 7D.18 which states, “Discourage gated entrances and restricted public access to subdivision/residential streets.”
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DPR-021499-2023, TRACTMAP-021501-2023
1707 N. Towne Ave.
Planning Commission
June 26, 2024
Figure 11.1 Fence and Wall Plan
APPLICABLE REGULATIONS
1) Tentative Tract Map
In accordance with the Subdivision Map Act and City of Pomona Subdivisions Ordinance No. 2779, the Planning Commission shall be the advisory body for tentative maps and shall make seven findings in order to approve a tentative map. The required findings have been incorporated into the attached resolution. The proposed map is consistent with the General Plan, is physically suitable for type of developm ent proposed and is not likely to cause negative impacts to the surrounding neighborhood in that the subdivision is for residential development purposes only.
2) Inclusionary Housing
In accordance with Ordinance No. 4295, Inclusionary Housing, “ a residential de velopment that includes three ( 3) or more dwelling units shall provide for the construction of inclusionary units in accordance with this Article, unless an alternative means of compliance is permitted in accordance with Division 3 of this Article. ” While the project proponent is processing a tentative tract map for subdivision and possible future sale of the units, they have also indicated their intention to rent the units prior to any sales. As such, the project will be subject to the rental inclus ionary set aside ratio of 13% or five (5) units.
3) Senate Bill 330 (SB 330)
Summary of SB 330
On October 9, 2019, Governor Newsom signed into law the Housing Crisis Act of 2019 also known as Senate Bill 330 (“SB 330”). SB 330 creates new state laws regardi ng the production, preservation and planning for housing. It amends the State Housing Accountability Act, Permit Streamlining Act and Planning and Zoning Law all under Title 7 of the California Government Code.
DPR-021499-2023, TRACTMAP-021501-2023
1707 N. Towne Ave.
Planning Commission
June 26, 2024
The bill (and subsequent amendments) establis h a statewide housing emergency for ten (10) years from January 1, 2020 to January 1, 2030.
SB 330 aims to increase certainty in the development process, speeding the review of new Housing Development Projects, preserving existing affordable housing and pr eventing certain zoning actions that reduce the availability of housing. Specifically, SB 330 does the following:
1. Vesting. Creates a new vesting process for fees, zoning and land use ordinances, policies, and standards in place at the time that a prelimi nary application is submitted, with limitations;
2. Historic Properties. Requires that the historic status or designation of any site be determined at the time an application for a discretionary action is deemed complete;
3. Design Standards. Prohibits imposing or enforcing non-objective design review standards established after January 1, 2020;
4. Time Limits. Shortens required permit review timeframes and limits the number of public hearings for housing projects that meet all applicable objective zoning standards;
5. Downzoning Restrictions. Prohibits legislative actions that reduce total zoned capacity for housing (i.e. "downzoning") in the City and clarifies the circumstances under which Housing Development Projects may have their density reduced under the Housing Accountability Act;
6. Housing Loss. Prohibits approval of a Housing Development Project that results in a net loss of housing units; and
7. Protected Units and Tenant Protections. Creates new housing replacements, eviction protections, relocation assistance, and right-of-return requirements.
8. Rezoning Prohibition. Local agencies are prohibited from requiring an applicant to rezone a site if the housing development project is consistent with objective general plan standards and criteria.
Rezoning Prohibition
As noted above, Government Code Section 65589.5(j)(4) states, “a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan.” In this case, the project site is zoned Administrative Professional (A-P) which does not permit the development of residential use s beyond 15 dwelling units per acre , however, the project site is designated as General Plan Place Type or Urban Neighborhood and Activity Center, which contemplate residential uses, as well as Transect Zones T4 -A and T5, which allow residential densities of up to 70 dwelling units per acre and 80 dwelling units per acre, respectively. The project is proposing residential density at a rate of 23 dwelling units per acre. Therefore, a c hange o f z one is not be required because the proposed project demonstrates consistency with the project site’s General Plan Place Type and Transect Zone designations.
Limitations on Applying Objective Development Standards Furthermore, Government Code Section 65589.5(j)(4) states, “If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project .” According to State regulations, the City may only apply applicable development standards to the extent that they accommodate the allowed density for the subject site.
If the application of an objective development standard would not accommodate the allowed density for the subject site, the City would be limited from applying that standard.
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June 26, 2024
Disapproving Housing Development Projects
In addition, SB 330 establishes specific written findings that must be made in order to disapprove a housing development project. A local agency shall not disapprove a housing development project … unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
1. The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional appr oval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that ma y be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdi vision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.
2. The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or c onditions as they existed on the date the application was deemed complete.
Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
3. The denial of the hous ing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low - and moderate -income households or rendering the development of the emergency shelter financially infeasible.
4. The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agr icultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
5. The housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any DPR-021499-2023, TRACTMAP-021501-2023
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element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial com pliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
4) Medium Density Multiple-Family (R-3) Standards
Summary of Compliance
Staff has determined that the proposed site design is in compliance with all applicable zoning and general plan object design s tandards. The proposed project was also reviewed by relevant City departments as well as the County of Los Angeles Fire Department Land Development Unit . A table with a detailed analysis of the project’s compliance with the applicable standards has been provided below.
Table 4.1. Summary of Compliance
Development
Standards
Zoning Code
Requirements Proposed Project Compliance
Determination
DU Density 15 DU per acre min. 23 DU per acre Yes
Lot Area 1,500 s.f. min. per
unit 1,839 s.f. per unit Yes
Lot Width 75’ min. +/- 206’ Yes
Lot Depth 100’ min. +/- 388’ Yes
Unit Size
3-bd: 1,200 s.f. min. 3-bd: 1,274 to 1,554
s.f. Yes
4-bd: 1,400 s.f. min. 4-bd: 1,696 s.f.
Front Yard 25’ min. 12' Yes, w/SB330 relief
Side Yard 15' min. 3'-5" Yes, w/SB330 relief
Rear Yard 25'-8" min. 6'-4" Yes, w/SB330 relief
Building Separation 15’ min. 15' Yes
Building Height 2 floors max. 3 floors, 32’-0”
Yes, GP allows up to 4-6
floors; superseded per
SB 330
Common Open Space 24,500 s.f. 15,721 s.f. Yes, w/SB330 relief Private Open Space 70 s.f. per unit 76.25 s.f. to 84 s.f. per unit Yes, w/SB330 relief
Parking 134 spaces 102 spaces Yes, w/SB330 relief
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June 26, 2024
5) Environmental Review
In compliance with the California Environmental Quality Act (CEQA) guidelines, staff has determin ed that the proposed project meets the criteria for an exemption under Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning) of CEQA. The proposed project is consistent with the City's General Plan; the proposed project will not result in any peculiar impacts that were not identified as a significant impact under the 2014 General Plan Update EIR (GPU EIR); the project site has no value as habitat for endangered, rare or threatened species; the proposed project will not have any s ignificant effects upon the environment that were not identified as significant in the GPU EIR; the proposed project will not result in a potentially significant offsite impact or cumulative impact not discussed in the GPU EIR; the proposed project will n ot result in a more severe impact due to substantial new information that was not known at the time the GPU EIR; and the site can adequately be served by all required utilities and public services. Therefore, no further environmental review is required. Th e General Plan Conformance Report is attached to the staff report as Attachment 4.
Public Communication
The proposed project generated multiple inquiries from various community members. In response to those inquiries, a community meeting was held on April 20, 2024 at the neighboring Central Baptist Church. As a result of the feedback provided at the community meeting , Staff requested revisions made to the project’s architecture and site configuration including the addition of architectural details to the building facades and increasing the front yard setback from 5-feet to 12-feet.
As typically required, a copy of the public hearing notice was published in the Inland Valley Daily Bulletin on June 14 , 2024 and was sent to the owners and occupants of prope rties within a 1,000- foot radius of the subject site (Attachment 5). Note that the public hearing notice is normally required to be issued to properties within 400 -feet of the subject property, but due to significant community interest in the project the n oticing radius was extended to a 1,00 0 foot radius as well as to attendees who provided their mailing address at the meeting held on April 20, 2024.
Attachments
1) Draft PC Resolution No. 24-011
2) Draft PC Resolution No. 24-012
3) Project Plans
4) General Plan Conformance Report
5) Radius Map & Public Hearing Notice
Submitted by: Prepared by:
Ata Khan Vinny Tam
Development Services Deputy Director Senior Planner