305 E. Holt Avenue

CITY OF POMONA
PLANNING COMMISSION REPORT
DATE:
November 12, 2014
TO:
Chairman and Members of the Planning Commission
FROM:
Planning Division
SUBJECT:
CONDITIONAL USE PERMIT (CUP 14-043):
A request for a Conditional Use Permit (CUP 14-043) to allow the sale of
alcoholic beverages (on-sale beer and wine – Type 41 ABC license) for on-site
consumption in conjunction with an existing restaurant (Cachanilla Chinese
Restaurant) located at 305 E. Holt Avenue in the City Gateway Segment of the
Pomona Corridors Specific Plan.
STAFF RECOMMENDATION
The Planning Division recommends that the Planning Commission adopt the attached Resolution
(Attachment 1) approving Conditional Use Permit (CUP 14-043), subject to conditions.
PROJECT/APPLICANT INFORMATION
Project Location:
305 E. Holt Avenue
APN Information:
8337-014-024
Project Applicant:
Li Qiong Yu
Property Owners:
Xiu Hua Liang and Li Qiong Yu
CC District:
Historic/CBD:
Specific Plan:
District # 4
Not Applicable
Pomona Corridors Specific Plan
PROJECT DESCRIPTION
The applicant, Li Qiong Yu, is requesting a Conditional Use Permit (CUP 14-043) to allow the
sale of alcoholic beverages (on-sale beer and wine – Type 41 ABC license) for on-site
consumption in conjunction with an existing full service Chinese restaurant (Cachanilla Chinese
Restaurant). The restaurant stands alone on the subject site and occupies a 6,494 square foot
building on a parcel that is approximately 34,850 square feet in size in the City Gateway
Segment of the Pomona Corridors Specific Plan (Attachment 2). The restaurant is family-owned
and operated. The restaurant will be open from 10:00am to 12:00am seven days a week. The
applicant anticipates having approximately ten employees on the premises during each eight hour
City of Pomona Planning Division
Planning Commission Meeting of November 12, 2014
CUP 14-043
305 E. Holt Avenue
Page 2 of 8
shift. No changes to the interior or exterior of the buildings or the property are proposed at this
time.
The restaurant has an interior floor area of 6,494 square feet and is comprised of a main dining area,
kitchen and storage areas (Attachment 3). The proposed alcohol service is ancillary to the current
bona fide restaurant operation. As such, there will be no bar provided, dancing or entertainment of
any kind within the establishment. The dining area is divided into four areas throughout the 6,494
square foot building. Dining area one is located to the north of the main entrance and consists of
booths and tables. Dining area two is located to the east of dining area one and consists of smaller
round tables. Dining area three is located to the south of the entrance and is semi-private in that it
consists of a large round table for large groups. Dining area four is a large private room which may
be used for small private parties. Alcohol will only be consumed by patrons within the interior
dining area. There are no outdoor patios on the subject site. All orders of alcoholic beverages will be
served by restaurant employees (waiters/waitresses), with no direct access by patrons.
According to City records, the restaurant on the subject site was established in 1964. Records also
show that on-site alcohol sales for the restaurant began in 1973, which predates a City Ordinance
adopted in 1986, requiring a CUP for new on-site alcohol sales in conjunction with a bona fide
restaurant. As such, the subject restaurant was not required to have a CUP for on-site alcohol sales in
1973. Throughout the years, the restaurant has changed hands several times and the alcohol license
was transferred along with the new ownership. In 2012, the restaurant sat vacant for a period of time,
and the on-site alcohol license became inactive. As such, a CUP is necessitated upon the current
owner of the restaurant requesting to re-establish on-site alcohol sales.
Applicable Specific Plan/Code Sections
Section .580.J and .5809.4 of the Zoning Ordinance establishes criteria for approval of a
Conditional Use Permit for the on-sale of alcoholic beverages in conjunction with a bona-fide
restaurant. The requirements for approval of on-sale alcohol sales are:
1) Off Street Parking (Pomona Corridors Specific Plan): Provide four off street parking
spaces per 1,000 square feet of gross floor area.
2) Parking Lot: Parking lots, including landscaping and lighting, shall be installed and
maintained per city standards.
3) Area Compatibility: The proposed on-sale alcohol establishment shall be compatible
with existing development in the area.
4) Proximity: The proposed location shall be sufficiently removed from any existing
residential development or zoning and any church, school, park, or playground so as not
to be detrimental to that use.
City of Pomona Planning Division
Planning Commission Meeting of November 12, 2014
CUP 14-043
305 E. Holt Avenue
Page 3 of 8
Surrounding Land Use Information
The properties to the northeast and northwest of the subject site are within the R-1-6000 (SingleFamily Residential) zone, and properties to the southeast and southwest of the subject site are
within the City Gateway Segment of the Pomona Corridors Specific Plan. The following table
summarizes the surrounding land uses, zoning and general plan designations for Planning
Commission consideration.
Land Use Summary Table
Existing Land Use
Zoning Designation
General Plan Designation
Subject Site
Eating and Drinking
Establishment
City Gateway
Segment
Neighborhood Edge
East
Financial Institution
(Wells Fargo Bank)
City Gateway
Segment
Neighborhood Edge
North
Single-Family Residential
R-1-6000
Residential
Neighborhood
South
Retail
City Gateway
Segment
Transit Oriented District:
Neighborhood
West
Service Station
(76 Gas Station) &
Multiple-Family
Residential
City Gateway
Segment & R-16000
Transit Oriented District:
Neighborhood &
Neighborhood Edge
ZONING COMPLIANCE ANALYSIS
ABC Census Tract Information
According to the guidelines established by the State Department of Alcoholic Beverage Control
(ABC), a total of three on-sale licenses are allowed in the subject Census Tract No. 4088.00
before the tract is deemed to have undue concentration. The population of the Census Tract
determines the number of licenses permitted. Currently, there are 23 establishments with on-sale
alcohol licenses in the subject Census Tract. The approval of an additional on-sale alcohol
license would increase the number of on-sale licenses in the census tract. The census tract
includes the downtown portion of the City, though the restaurant is not located in the Downtown
Core. The restaurant is located along Holt Avenue, a major commercial corridor that serves a
mix of commercial uses. Although alcohol establishments exist in the area, most bona-fide
restaurants with alcohol sales are not typically problematic uses if operated in conjunction with
CUP Conditions of Approval. The following table summarizes the concentration of on-sale
ABC licenses in Census Tract No. 4088.00 and the adjoining Census Tract No. 4028.01 to the
City of Pomona Planning Division
Planning Commission Meeting of November 12, 2014
CUP 14-043
305 E. Holt Avenue
Page 4 of 8
east. A map showing all on-sale licenses in of the subject Census Tract No. 4088 is provided
(Attachment 4).
ABC Data on Alcohol Licenses in Census Tracts
Existing Licenses
Allowed Licenses
On-sale
On-sale
Subject Census Tract
4088.00
23
3
Adjoining Census Tract
(East) 4028.01
5
4
Police Department Review
The Pomona Police Department has reviewed the proposed application for the sale of alcohol
(on-sale beer and wine) at the existing restaurant. As part of the Police Department’s review,
they considered both the concentration of alcohol licenses and crime data.
The subject site is located in Police Reporting District No. 9, which is not classified as a high
crime district according to figures provided by the Police Department. In 2013, the District
experienced a total of 131 Part I Offenses and Part II Arrests. The threshold for designating a
district high crime is 160 crimes. Crime statistics for the subject reporting district, and adjacent
reporting districts are provided in the following table. A map showing location of Police
Reporting District No. 9 and adjacent districts is provided for Commission consideration
(Attachment 5).
Crime Statistics - Police Reporting District Data
Police Reporting District
Part I Offenses and II Arrests (2011)
8
10
7
254*
9
131
10
263*
13
256*
48
556*
6
226*
*Indicates High Crime
City of Pomona Planning Division
Planning Commission Meeting of November 12, 2014
CUP 14-043
305 E. Holt Avenue
Page 5 of 8
The State Department of ABC defines undue concentration if either threshold of license number
is exceeded or the crime reporting district is defined as “high crime.” In this case the subject
police reporting district is not considered “high crime” and the number of existing on-sale ABC
licenses is considered over-concentrated because the number of on-sale licenses within this
census tract is over the recommended amount. The applicant is requesting a Type 41 (On-sale
Beer and Wine) license.
ISSUE ANALYSIS
Issue 1: General Plan/Economic Development
The General Plan land use map designates the subject project as Neighborhood Edge. In the
Economic Development component of the General Plan, the efforts to enhance the prosperity of
the City is a strategic process that should focus on responding to changing economic trends and
reaction to local market conditions. It is typical for restaurants to provide on-sale beer and wine
for customers as an ancillary feature of the service, to enhance dining experience. Furthermore,
the proposed alcohol sale as an ancillary use to an existing bona-fide restaurant is consistent with
the following strategic priority of the Economic Development component the General Plan:
“Make the most value already in place and tailor policies that adequately consider existing
conditions.”
Since the restaurant exists currently without on-site alcohol sales, by allowing on-site beer and
wine sales, the value of the existing restaurant and conditions would be enhanced. Furthermore,
the proposed use is consistent with the following General Plan Economic Development strategic
priority:
“Recapture lost retail spending.”
By allowing the existing Chinese restaurant to have on-site sale of beer and wine in conjunction
with meal service, potential patrons do not have to seek this service elsewhere, therefore, the
retail spending stays in the City. The approval of the proposed Conditional Use Permit to allow
the on-sale of alcoholic beverages in conjunction with a restaurant would contribute to the
diversification of the City’s economy and promote an increase mix of uses.
Issue 2: Pomona Corridors Specific Plan Compliance
Staff has evaluated the proposed project and has determined that the proposed use is in
compliance with the City Gateway Segment of the Pomona Corridors Specific Plan. The
proposed on-sale alcohol (beer and wine – Type 41 ABC license) in conjunction with an existing
bona fide restaurant is a conditionally permitted use within the district. The proposed project
conforms to the Pomona Corridors Specific Plan, and as a result, the granting of this Conditional
Use Permit, subject to conditions, will not adversely affect the Pomona Corridor Specific Plan
area.
City of Pomona Planning Division
Planning Commission Meeting of November 12, 2014
CUP 14-043
305 E. Holt Avenue
Page 6 of 8
Issue 3: Sensitive Uses
Pursuant to Zoning Ordinance Section .5809, the subject site should be “sufficiently removed”
from sensitive uses so that the proposed alcohol sales will not to be detrimental to these uses.
Sensitive uses including residential neighborhoods, schools, churches and parks, have been
evaluated in the area. The following tables (next page) delineate the distance between the
restaurant and neighboring sensitive uses:
Residential
Single family
Multi family
Distance from restaurant
60’ (north)
422’ (south)
100’ (east)
80’ (west)
Schools
Lopez Elementary
Emerson Middle School
Washington Elementary
San Antonio Elementary
Lincoln Elementary
Distance from restaurant
.96 miles (southwest)
.53 miles (northeast)
.78 miles (southeast)
.56 miles (northeast)
.58 miles (northwest)
Parks
Lincoln Park
Centennial Park
Washington Park
Garfield Park
Distance from restaurant
.44 miles (north)
.34 miles (southwest)
.93 miles (southeast)
.66 miles (east)
Churches
Trinity Methodist
Church
First Presbyterian
Church
Christian Science
Church
One Lord Memorial
Church/Misterios Alfa y
Omega Pomona
Namgajoo Fellowship
Church
Distance from restaurant
.10 miles (northwest)
.15 miles (southwest)
.19 miles (northeast)
.14 miles (south)
.22 (southeast)
The proposed use is sufficiently removed from sensitive uses so that the proposed alcohol sales
will not to be detrimental to these uses. In addition, the potential for detrimental impacts will be
further reduced because alcohol will be served in a controlled environment. Furthermore, the onCity of Pomona Planning Division
Planning Commission Meeting of November 12, 2014
CUP 14-043
305 E. Holt Avenue
Page 7 of 8
sale license, as conditioned, is not expected to have a detrimental effect on the immediate area. A
map showing location of sensitive uses adjacent to the subject site is provided for Commission
consideration (Attachment 6).
ENVIRONMENTAL ANALYSIS/DETERMINATION
Upon submittal of the project, staff reviewed the proposed development project in accordance
with the California Environmental Quality Act (CEQA) guidelines. After examining the
proposed project, staff determined that the project falls under Article 19, Section 15301 (Existing
Facilities), because the proposed project consist of a negligible expansion of use for an existing
building.
PUBLIC COMMUNICATIONS
A copy of the public hearing notice was published on October 31, 2014 in the Inland Valley
Daily Bulletin and was sent to the owners and occupants of properties within a 400-foot radius of
the subject site on October 30, 2014 (Attachment 7). As of the date of this staff report, staff has
not received any correspondence either supporting or opposing the proposed project.
CONCLUSION
The proposal is consistent with the allowed uses and development standards of the City Gateway
Segment of the Pomona Corridors Specific Plan. Based on staff’s analysis of the issues, the onsale alcohol, as conditioned, will be compatible with the adjacent land uses and will not result in
any adverse impacts to the surrounding area with the recommended operating conditions.
RECOMMENDATION:
The Planning Division recommends that the Planning Commission adopt the attached Resolution
(Attachment 1) approving Conditional Use Permit (CUP 14-043), subject to conditions.
Respectfully Submitted By:
Prepared By:
Brad Johnson
Planning Manager
__________________________
Nancy Lee
Associate Planner
ATTACHMENTS:
1)
2)
Draft PC Resolution
Location Map & Aerial Photograph
City of Pomona Planning Division
Planning Commission Meeting of November 12, 2014
CUP 14-043
305 E. Holt Avenue
Page 8 of 8
3)
4)
5)
6)
7)
8)
9)
Project Plans Reductions (8-1/2” x 11”)
Exhibit of On-sale ABC licenses in Census Tracts 4088.00
Exhibit of Police Reporting Districts
Exhibit of Sensitive Uses
400-foot Radius Map & Public Hearing Notice
Site Photographs Submitted by the Applicant
Project Plans (Separate Cover)
I:\Economic Development\Planning\Master Planning\PLANNING COMMISSION\Staff Reports\Conditional Use Permit\305 E Holt Ave. (CUP
14-043).doc
City of Pomona Planning Division
Planning Commission Meeting of November 12, 2014
ATTACHMENT 1
DRAFT PC RESOLUTION
PC RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP
14-043) TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (ON-SALE
BEER AND WINE – TYPE 41 ABC LICENSE) FOR ON-SITE
CONSUMPTION IN CONJUNCTION WITH AN EXISTING RESTAURANT
(CACHANILLA CHINESE RESTAURANT) IN THE CITY GATEWAY
SEGMENT OF THE POMONA CORRIDORS SPECIFIC PLAN LOCATED
AT 305 E. HOLT AVENUE.
WHEREAS, the applicant, Li Qiong Lu, has filed an application for Conditional Use Permit
(CUP 14-043) to allow the sale of alcoholic beverages (on-sale beer and wine – Type 41 ABC
license) for on-site consumption in conjunction with an existing restaurant (Cachanilla Chinese
Restaurant) located at 305 E. Holt Avenue;
WHEREAS, the subject site is currently located within the City Gateway Segment of the
Pomona Corridors Specific Plan;
WHEREAS, the subject site is currently designated “Neighborhood Edge” by the City’s
General Plan;
WHEREAS, the approval of a conditional use permit by the Planning Commission is
required for the on-sale of alcoholic beverages, pursuant to Section .580 of the Pomona Zoning
Ordinance;
WHEREAS, the Planning Commission of the City of Pomona has, after giving notice thereof
as required by law held a public hearing on November 12, 2014, concerning the requested
Conditional Use Permit (CUP 14-043); and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony, the
recommendation of the Planning Division staff and the staff report offered in the case as presented at
said noticed public hearing.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Pomona, California:
SECTION 1. The Planning Commission exercising their independent judgment has
determined that pursuant to the Guidelines for Implementation of the California Environmental
Quality Act (CEQA), that the project is Categorically Exempt under Section 15301, Class 1 (Existing
Facilities) in that the action involves the licensing and minor alteration of an existing building for the
proposed use.
PC Resolution No.
CUP 14-043 – 305 E. Holt Avenue
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SECTION 2. If any part, provision, or section of this resolution is determined by a court or
other legal authority with jurisdiction over the subject matter of this resolution to be unenforceable or
invalid, the remainder of the entirety of this resolution shall not be affected and shall continue in full
force and effect. To this end, the provisions of this resolution are severable.
SECTION 3. In accordance with Section .580.B of the Zoning Ordinance, the Planning
Commission must make findings in order to approve Conditional Use Permit (CUP 14-043). Based
on consideration of the whole record before it, including but not limited to, the staff report, public
testimony received at the public hearing on this matter, and evidence made part of the public record,
the Planning Commission hereby finds as follows:
1.
That the proposed use at the particular location will contribute to the general well being of
the neighborhood or community.
The sale of alcoholic beverages (on-sale beer and wine – Type 41 ABC license) for on-site
consumption will enhance the existing restaurant by providing a service and convenience to
the public. The sale of alcohol will be incidental to the primary use, which is a bona fide
restaurant. Furthermore, the addition of alcohol to the services provided will help ensure the
economic viability of the restaurant use, thus increasing the likelihood that the business will
continue operating and providing dining opportunities to local residents. The on-sale (beer
and wine – Type 41) alcohol license will not negatively affect the general welfare of the
neighborhood.
2.
That such use will, under the circumstances of the particular case, not 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.
As conditioned, the applicant’s request will not be detrimental to the health, safety, peace, or
general welfare of persons residing or working in the vicinity since the project is in
substantial conformance with the development standards and use requirements of the
Pomona Zoning Ordinance. Based on the proposed project, it is not anticipated that the
configuration of the site or activities associated with the use will generate noise or other
impacts that will be detrimental. To this end, a condition has been included that prohibits any
sound that exceeds the City noise ordinance standards. The project will not be detrimental to
the use, valuation, and enjoyment of property and improvements in the vicinity since the
subject site is located within a commercial area with uses compatible to those proposed.
3.
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 in the neighborhood.
PC Resolution No.
CUP 14-043 – 305 E. Holt Avenue
Page 3 of 9
The subject site (approximately 34,850 square feet) and the restaurant (approximately 6,494
square-foot premise area) is sufficient enough in size to accommodate the development
standards of the City Gateway Segment of the Pomona Corridors Specific Plan, such as offstreet parking requirements.
4.
The site abuts streets and highways adequate in width and improvements to carry traffic
generations by the proposed use.
The subject site takes access from Palomares Street, a collector street, from Holt Avenue, a
major arterial street with two lanes for each direction going east and westbound, that is
capable of handling any additional vehicle trips generated by the proposed use.
5.
That granting of such conditional use permit will not adversely affect the General Plan of the
City and conforms to the provisions of the zoning ordinance.
Granting of the permit will not adversely affect the General Plan of the City in that the
proposed on-sale alcohol (beer and wine) use will be an ancillary use to add to the restaurant
use, and would be consistent with the intent of the General Plan’s Neighborhood Edge.
Furthermore, the proposed use is consistent with the following General Plan goal (7A.G2):
“Promote a balanced mix of uses throughout the city than can be part of an
integrated and sustainable local economy that supports harmonious diversity and
prosperity.”
SECTION 4. Based upon the above findings, the Planning Commission hereby approves
Conditional Use Permit (CUP 14-043) subject to compliance with all applicable laws and ordinances
of the City as well as the addition of the following conditions, violations of which (or failure to
complete any of which) shall constitute grounds for revocation of the conditional use permit or any
portion thereof:
PLANNING DIVISION
General Conditions
1.
The subject property shall be developed and/or used in a manner consistent with the project
plans reviewed and approved by the Planning Commission on November 12, 2014, and as
illustrated in the stamped approved plans dated November 12, 2014. Any major
modifications to the approved project plans shall be reviewed and approved by the Planning
Commission as part of a modification to the approved plans. Any minor modifications that
do not affect the overall intent of the approved project, may be reviewed and approved by the
Planning Manager.
PC Resolution No.
CUP 14-043 – 305 E. Holt Avenue
Page 4 of 9
2.
This approval shall lapse and become if the privilege authorized is not utilized within one (1)
year from the date of this approval (November 12, 2015), in accordance with Pomona Zoning
Ordinance section .580.I. The Planning Commission may extend this period for one (1) year
upon receipt of an application for a Time Extension request submitted by the applicant at
least thirty days before the expiration date of this approval.
3.
The project is subject to a twenty (20) day appeal period. Written appeals may be filed with
the City Clerk within twenty days by one or more City Council members, the applicant, or
any person owning property within four hundred feet of the exterior boundary of the
applicant’s property. The appeal shall be filed with the City Clerk within twenty days from
the date of action by the Planning Commission.
4.
The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its
officials, officers, employees, agents, departments, agencies, and instrumentalities thereof,
from any and all claims, demands, law suits, writs of mandamus, and other actions and
proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature),
and alternative dispute resolutions procedures (including, but not limited to arbitrations,
mediations, and other such procedures), (collectively "Actions"), brought against the City,
and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
the any action of, or any permit or approval issued by, the City and/or any of its officials,
officers, employees, agents, departments, agencies, and instrumentalities thereof (including
actions approved by the voters of the City), for or concerning the project, whether such
Actions are brought under the California Environmental Quality Act, the Planning and
Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or
any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, the legal counsel providing the
City's defense, and that applicant shall reimburse City for any costs and expenses directly and
necessarily incurred by the City in the course of the defense. City shall promptly notify the
applicant of any Action brought and City shall cooperate with applicant in the defense of the
Action.
5.
In case of violation of any of the conditions of approval or City law, the property owner and
tenant will be issued a Notice of Correction. If said violation is not remedied within a
reasonable period of time and/or a subsequent violations of the conditions of approval and/or
City law occurs within ninety days of any Notice of Correction, the property owner shall be
held responsible to reimburse the City for all staff time directly attributable to enforcement of
the conditions of approval and/or City law, including, but not limited to, revocation of the
herein conditional use permit.
PC Resolution No.
CUP 14-043 – 305 E. Holt Avenue
Page 5 of 9
6.
The property owner shall remove any graffiti on the project site within 24 hours of discovery.
The paint utilized to cover the graffiti must substantially match the existing structure. In the
event that the paint finish of the abated area is noticeably distinguishable from the rest of the
structure, the property owner shall paint additional portions of the building to minimize the
disparity, subject to the approval of the Planning Manager.
7.
No temporary signs relating to any activity on the premise shall be placed or allowed to
remain within landscape areas, public right-of-way areas adjacent to the subject site (e.g.
telephone poles, traffic signs, and city trees) or other portions on the exterior of the building.
The only temporary signs allowed shall be properly permitted banner signs by permit per the
City’s sign ordinance. Signs placed in any window of the premises shall comply with the
City’s sign ordinance, and all other conditions under this Conditional Use Permit.
8.
The property owner shall provide regular maintenance and cleaning of all exterior walkways,
patios, canopies, sidewalks, and landscaped parkways in compliance with Pomona City Code
62-351 et seq.
9.
There shall be adequate lighting around the property at all times (minimum of 1 foot-candle).
This shall be done in such a fashion that persons standing outdoors at night are easily
identifiable by law enforcement personnel. Lighting shall be screened so that no spillover
occurs onto the adjacent properties.
10.
A minimum of two additional trees shall be provided along Palomares Street.
11.
The landscaping of the middle parking section and along the east property line of the off-street
parking facility on the subject site shall be restored to original conditions. This includes (but is not
limited to) a minimum of four (4) planters between the two existing trees in the middle section of
the parking lot and a minimum of seven (7) planters along the east property line, to be installed the
satisfaction of the Planning Manager.
12.
Bollards in disrepair shall be restored to working condition.
13.
Before issuance of a zoning clearance and business license, the applicant and any successor
in interest shall sign a certificate of compliance stating that:
a) They have read and understand all the conditions of approval applicable to their project;
b) That they are familiar with the daily operations of the use; and
c) That the use will operate in compliance with the conditions of approval.
PC Resolution No.
CUP 14-043 – 305 E. Holt Avenue
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14.
The applicant shall install bike racks on the project site at locations to be approved by the
Planning Manager.
Operational Conditions
15.
The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The Applicant or other person issued an ABC license for the
Premises (“Licensee”) shall at all times maintain records which reflect separately the gross
sales of food and the gross sales of alcoholic beverages of the licensed business. These
records shall be kept on a quarterly basis, and shall be provided to City officials upon
request.
16.
The establishment is limited to operating between 10:00am and 12:00 am, seven days a
week.
17.
There shall be no cover charge to enter the restaurant except if the operator/business owner
has obtained entertainment business permit approval and there shall be no restriction on the
age of customers except as stated in the conditions of approval.
18.
Any and all alcohol sales shall be limited to beer and wine.
19.
No display or sale of alcohol shall be made from an ice tub.
20.
The establishment shall be operated as a “bona fide public eating place” as defined by the
Business and Profession Code Section 23038. All other uses shall be ancillary to the
restaurant.
21.
At all times when the premises is open for business the sale and service of alcoholic
beverages shall be made only in conjunction with the sale and service of food.
22.
The employees who sell or serve alcoholic beverages shall be required to complete a training
program in alcoholic beverage compliance, crime prevention techniques and the handling of
violence. All new employees shall be required to complete “Licensee Education on Alcohol
and Drugs” training that is provided by the California Department of Alcohol and Beverage
Control or equivalent responsible beverage service program within thirty (30) days of hire.
All restaurant employees serving alcohol must be 18 years or older. Employees engaged in
serving alcohol must be 21 years of age or older.
23.
All interior window signage and exterior signage of any kind, which advertises the sale or
availability of alcohol, shall be prohibited.
PC Resolution No.
CUP 14-043 – 305 E. Holt Avenue
Page 7 of 9
24.
No signs or objects shall be placed on the restaurant entry/exit door that will obstruct
visibility of the outdoor dining area.
25.
Sales and service of alcoholic beverages under the on-sale privilege of the license shall be
restricted to the confines of the building as shown on the approved project plans dated
November 12, 2014.
26.
Patrons shall not be allowed to bring into the location any alcoholic beverage to be consumed
within the establishment.
27.
The Applicant or licensee shall not employ or permit any persons to solicit or encourage any
customer, directly or indirectly, to buy them drinks in the licensed premises under any
commission, percentage salary, or other profit sharing plan, scheme or conspiracy.
28.
No alcohol may be sold on the premises and removed from the establishment for
consumption.
29.
At no time shall persons appearing to be intoxicated or under the influence of controlled
substances be allowed within the premise area of the restaurant.
30.
No sales to obviously intoxicated patrons shall be allowed.
31.
No sales of alcoholic beverages to minors shall be allowed.
32.
All crimes occurring inside and outside of the location shall be reported to the Police
Department at the time of the occurrence.
33.
At anytime when the licensee is absent from the premises, a responsible party shall be
designated who can respond to any inquiries from City officials.
34.
In January and June of each year, the business shall provide a list of no less than three
employees, who can be contacted 24 hours a day, to the Pomona Police Department’s
Records Bureau. The list of names will be used to facilitate a Police response to the location
in the event of an emergency or other problem that requires entry into the location during
non-business hours.
35.
There shall be no pay telephones installed within the enclosed portion of the premises
equipped to receive incoming calls. There shall be no new pay phones of any kind installed
on the exterior of the premises.
36.
The applicant shall not offer, permit, or provide any type of entertainment (e.g. live
PC Resolution No.
CUP 14-043 – 305 E. Holt Avenue
Page 8 of 9
entertainment and Disc Jockey); unless the Conditional Use Permit is modified through the
review and approval of the Planning Commission at a public hearing.
37.
Nightclub, dance club, dancing or other similar activities shall be prohibited within the
premise area at any time.
38.
Music shall be limited to Non-DJ pre-recorded background music (i.e., soft, ambient music).
39.
There shall be no activity conducted on the subject site that exceeds the noise and vibration
parameters of Pomona City Code Section 18-301, et seq., and City Council Ordinance No.
3939 at any time, or such other ordinance enacted related to noise and vibration.
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward
the original to the City Clerk.
APPROVED AND PASSED THIS 12th DAY OF NOVEMBER, 2014.
KENNETH COBLE
PLANNING COMMISSION CHAIRPERSON
ATTEST:
BRAD JOHNSON
PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:
ANDREW JARED
ASSISTANT CITY ATTORNEY
PC Resolution No.
CUP 14-043 – 305 E. Holt Avenue
Page 9 of 9
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF POMONA
)
AYES:
NOES:
ABSTAIN:
ABSENT:
"Pursuant to Resolution No. 76-258 of the City of Pomona the time in which judicial review of this
action must be sought is governed by Sec. 1094.6 C.C.P."
I:\Economic Development\Planning\Master Planning\PLANNING COMMISSION\RESOLUTIONS\305 E Holt Ave (CUP 14043) Reso.doc
ATTACHMENT 2
AERIAL PHOTOGRAPH
& VICINITY MAP
305 E Holt Avenue
Vicinity Map
Project Location
305 E Holt Avenue
Aerial Photo
Project Location
ATTACHMENT 3
PROJECT PLANS REDUCTIONS
(8-1/2” X 11”)
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ATTACHMENT 4
EXHIBIT OF ON-SALE ABC
LICENSES IN TRACT 4088.00
Active On–Sale Licenses - Census Tract 4088
On-Sale Licenses
1.Characters Sports Bar-276 E. 1st St
2.El Diamante Bar-331 E. Mission Bl
3.La Fuente Restaurant-987 S. Garey Av
4
4.American Legion-239 E. Holt Av
5.DBA 256-256 S. Main St.
6.Merendero Mexican Foods-
240-42 S. Garey Av
Subject
Site
7.Pho Vi Vietnamese Cuisine-
281 S. Thomas St, Ste 103
8.Las Malkeridas Bar-663 W Mission Bl
9.Metro Brewhouse-197 E. 2 nd St
10.Carnaval Club- 342 S. Thomas St
11.340 Rest./Night Club-340 S. Thomas St
19 9 20 1
12 13
22 16
5
7
17
12.Burger House - 171 W. 2 nd St
6
23
13.The Rookery-117 W. 2 nd St
14.Vive Tequila Lounge-184 W. 3rd St
14 21
11 10
15
15.Pomona Fox Theatre-134 W. 3rd St
16.The Glass House-200 W. 2 nd St
8
2
18
17.Casa Jimenez Grill-280 W. 3rd St
18.Shinbashi Japanese Rest.-101 W. Mission
St, Ste.101
19.Rawken Sushi-135 E. 2 nd St
20.Tia Juana’s Tapas Rest.–205 E. 2 nd St
21.New York Delight-310 S. Thomas St
22.Pizza, Beer, Wings- 296 W. 2 nd St
23.O’Donovans Pub- 101 E. 3rd St
3
ATTACHMENT 5
EXHIBIT OF POLICE REPORTING
DISTRICTS
305 E. Holt Avenue – Police Reporting Districts
10 (263*)
13(256*)
48 (556*)
8(10)
6(226*)
9(131)
7(254*)
4029.01
Number in Parenthesis indicates total number of crimes
* High Crime District (Threshold 160)
- Subject site
100(211*)
ATTACHMENT 6
EXHIBIT OF SENSITIVE USES
305 E. Holt Avenue - Sensitive Uses
Church
Single-Family
Residential
ATTACHMENT 7
400-FOOT RADIUS MAP
AND
PUBLIC HEARING NOTICE
NOTICE OF PUBLIC HEARING
Project Title:
Conditional Use Permit (CUP 14-043)
Project Applicant:
Li QiongYu
Project Location:
305 E. Holt Avenue
Project Description:
A Conditional Use Permit to allow the sale of alcoholic beverages (on-sale beer
·and wine - Type 41 ABC License) for onsite consumption at an existing
restaurant located in the City Gateway Segment of the Pomona Corridors
Specific Plan.
Lead Agency:
City of Pomona, Community Development Department, Planning Division.
Public Hearing Date
& Locationffime:
The public hearing is scheduled for Wednesday, November 12, 2014 at 7:00
p.m. in the City of Pomona City Council Chambers located at 505 S. Garey
Avenue in the City of Pomona.
Environmental Review
Pursuant to the provisions of the California Environmental Quality Act (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. In compliance with Article 19, Section 15301 (Class 1 - Existing Facilities), the proposed
project described above hereby meets the guidelines for a Categorical Exemption. Therefore, no further
environmental review is required. The Categorical Exemption will be considered by the Planning
Commission at the public hearing for this project scheduled for November 12, 2014.
Public Hearing Notice
Any interested individual may appear in person or by agent at the Planning Commission hearing and be
heard on any matter relevant to such proceedings. The staff report on this matter will be available in the
Planning Division on or about November 6, 2014. Please call the Planning Division at (909) 620-2191
with any questions you may have regarding this matter.
PLEASE NOTE: If you challenge this matter in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City of Pomona, Planning Division at, or prior to, the public hearing.
Para lnformacion en Espanol, Dame (909) 620-2191.
Date:
October 30, 2014
Bra((;L_
Planning Manager
Publication Date:
October 31, 2014
Eva Buice
City Clerk, City of Pomona
!:\Economic Development\Planning\Master Planning\PLANNING COMMJSSION\NOTICE OF PUBLIC HEARING\2014\305 E Holt Ave.doc
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ATTACHMENT 8
SITE PHOTOGRAPHS SUBMITTED
BY APPLICANT
•
ATTACHMENT 9
PROJECT PLANS
(SEPARATE COVER)