RESOLUTION NO. 2020- 98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PONA
ADOPTING T' EMPORARV LAND USE REGULATIONS TO ALLOW
EXPANDED USES IN PUBLIC AND PRIVATE SPACES DURING THE
OUTBREAK OF NOVEL CORONAVIRUS DISEASE
WHEREAS, international, national, state, and local health and governmental authorities arerespondingto an outbreak.of respiratory diseasecausedby a novel coronavirus named" SARS- CoV- 2," and the disease it causes has been named " coronavirus disease 2019," abbreviated COVIN- 19 (" COVID- 19");
WHEREAS, On March 4, 2020, the Governor of the State of California declared a state of emergencyto makeadditionalresourcesavailable,fon-nalizeemergencyactionsalreadyunderway acrossmultiple state agenciesand departments, and help the Stateprepare for broader spread of COID- 19;
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announcedthat the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID- 19;
WHEREAS, on March 16, 2020, the Los Angeles County Health Officer issuedan order to prohibit all indoor and outdoor, public and private events and gatherings within a confined space, where 50 or more members of the public are expected to attend at the same time, to require social distancing measuresand temporary closure of certain businesses; WHEREAS, CaliforniaGovernorNewsomhasoutlineda four-phaseplanfor gradually reopening the state's businesses, then eventually, lifting stay-at-home orders; WHEREAS, social distancingmeasuressignificantly reducesthe indoor capacityof restaurants, retailers, public assembly uses, and other uses, affecting the economic viability of their day-to-day operations;
WHEREAS, the City anticipates significant economic impacts to the business, civic, cultural, and residential home- based business sectors due to COVID- 19; WHEREAS, the City seeksto pursue land use solutions that will directly aid in Pomona's economic recovery from COVID- 19, both in the rights- of- way (" Public Realm") and private property (" Private Realm");
WHEREAS, activating the Public Realm and Private Realm to increaseactivity has been referred to using various terminology, including " placemaking," " tactical urbanism," " DlY urbanism," and " informal urbanism;"
Attachment No. 1
Resolution No. 2020- 98
WHEREAS, adoptinglandusestandardsthatformalize"informal urbanism"mayprovide immediate economic benefits to the business, civic, cultural and residential- based business sector in the City of Pomonaduring COVID- 19, and thereafter;
NOW, THEREFORE, BE IT RESOLVED by theCity Council of the City of Pomona as follows:
SECTION 1. The City Council, exercising independentjudgment, finds that the project will not have an adverse impact on the environment pursuant to Article 5, 15060( c)( 2) and 15060(c)(3) which exemptsactivities that will not result in a direct or reasonablyforeseeable indirect change to the environment and that are not defined as a project under Section 15378.
SECTION 2. The City Council hereby makes and adopts as findings, the facts and conclusions set forth above in the recitals of this Resolution, and finds and determines that the prevalence of COVID- 19 is a threat to public health, welfare, and safety, and the waiver ol' any fees associatedwith the permitting of Proposed Activity that conforms to the standardsof this Resolution would benefit the City of Pomona by aiding in the economic recovery of business experiencing financial hardship due to COVID- 19 closuresand would improve the overall public health, welfare, and safety of Pomona residents.
SECTION 3. Expanded Use Permit. The City Council hereby determines that the regulations contained in Exhibit A: Public Realm (" Expanded Use Permit ), shall be applied to any Proposed Activity along the Frontage within the Public Realm ( as defined in the exhibit), in lieu of any other Municipal Code standard regulating the ProposedActivity in the Public Realm, until December 31, 2020.
SECTION 4. Private , deal A The City Council hereby determines that the regulations contained in Exhibit B. Private Realm shall be applied to proposed activity in the Private Realm as defined in the exhibit), until December 31, 2020. Temporary Use Permit provisions contained in Exhibit B are made pursuantto Pomona Zoning Ordinance, Section .583 E.10.
SECTION 5. Temporary Street Closures. The City Council hereby authorizes the Public Works Department to temporary close any public street or public alley within the Downtown Pomona Specific Plan, including the portion of Garey Avenue within the Plan boundaries, to accommodate Permitted Activity, The process and length of temporary closures shall be at the discretion of the Public Works Director.
SECTION 6.Administrative Amendments. The City Council hereby authorizesthe Public Works Departmentand DevelopmentServices Departmentto administratively processany amendmentsto discretionary permits that are required to adequatelypermit the activities outlined in this Resolution.
Resolution No. 2020- 98
SECTION 7. Additional Standards. The City Council hereby authorizes the City Manager to promulgate any additional rules and regulations beyond those contained in Exhibits A and B asneededfor public health and safety.
SECTION 8. The City Clerk shall attest and certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this
15th
day of June, 2020.
CITY OF POMONA:
T' San
Mayor
APPROVED AS TO FORM:
aTEST:
7 Sonia Carvalho Rosalia A. Butte , MMC
City Attorney City Clerk
1,HEREBY CERTIFY that the foregoing resolution was duly adoptedby the City Council of the City of Pomona at a regular meeting thereof held on June 15, 2020 by the following vote of the Council:
AYES: Garcia, Lustro, Ontiveros- Cole, Preciado, Torres, Sandoval NOES: None
ABSTAIN: None
ABSENT: Gonzalez
Rosalia A. But' lei, MMC
City Clerk
Resolution No. 2020- 98
Exhibit A. Public Realm (" Expanded Use Permit")
1. Purpose:
Thepurposeof thesestandardsandproceduresis to accommodatethe temporary activation of the Public Realm during COVID- 19. Activation is intended to include varioustypesof activity that will allow a businessto successfullyoperate, including outdoorseatingand dining andretail, and useof on-streetparking for parkletsand curbsidepick-up, but also civic andcultural forms of activation, including outdoor public assembly accommodations and temporary public art and sculptures.
2. Definitions:
Frontage" isdefinedastheareaof thePublicRealmimmediatelyparallelor adjacent to a privatepropertyline, measuredastheentirewidth of thepropertyline.
Pedestrian Path" is defined as a continuous obstruction- free sidewalk area between theoutsideboundaryof theProposedActivity andanyobstruction, including, but not limited to, parkingmeters, streettrees, landscaping, streetlights, busbenches, public art, and curb lines.
ProposedActivity" isdefinedasoutdoorseating, outdoordining(includingserving alcoholic beveragesif the private property currently possessesa valid on-sale alcohol license from Alcoholic Beverage Control), outdoor retail, sculptures or other public art installations,andusingon-streetparkingfor parkletsor curbsidepick-up. Thisdoesnot includetemporarystreetclosuresor sidewalkvending. Additionalactivitiesmaybe considered at the joint discretion of the Development Services Director and Public Works Director.
Public Realm" is defined as the rights-of- way, inclusive of public streets, public alleys, sidewalks, and parkways.
3. Location:
ProposedactivitiesarepermittedinthePublicRealmanywhereintheCitythatisalong the frontageof private property currently and lawfully used for commercialuse, industrialuse, mixed-use, or publicassembly.
4. E2Mjjtin 4
AnyProposedActivity maynotbeconductedwithoutapermit, tobejointly issuedby the Public Works and Development Services Departments.
An individual permit may either:
Resolution No. 2020- 98
a) Regulate Proposed Activity in the Public Realm along the frontage of a single private property, subject to consent of property owner. b,) Regulate Proposed Activity in the Public Realm along multiple frontages of multiple private properties, subject to consent of all property owners affected.
Applicant may be private property owner(s) or representative acting on behalf of private property owner( s) with consent.
Applications for a permit shall include:
i. Layout. Site plan identifying any fixtures or furnishings, Pedestrian Path and patron circulation to and from the area of the Proposed Activity, dimensions of Proposed Activity, Pedestrian Path, and Public Realm.
ii.. Maintenance & Operations. Maintenance and operations statement, including proposed hours, of operation, and how space will be maintained and kept orderly.
iii. COVID- 19. Compliance with any applicable local, County, State,or Federal public health orders and guidelines related to COVID- 19. iv. Liability, Proof of insurance and execution of Hold Harmless Agreement.
All permits . shall expire on December 31, 2020.
5. Fees:
There shall be no fee associatedwith permitting any ProposedActivity. There shall be no maintenance deposit required at time of permit issuance. However, permittee shall agree to all responsibility for Proposed Activity in the Public Realm to be maintained throughout the permit. Damage(s) that result during the pen-nit shall be assessedby the Public Works Department and charged to the permittee and the perirnittee' s permit will be revoked for a minimum of three days, or until assessed bill is paid, or as determined by the Development Services Director.
6. ' Design Standards:
I'he ProposedActivity shall be designedto meet the following standards:
i. Access. Proposed Activity is permitted only where the sidewalk is wide enough to adequately accommodateboth the usual pedestriantraffic in the area and the operation of the Proposed Activity. A clear, continuous Pedestrian Path not less than four feet in width shall be required for Resolution No. 2020- 98
unimpededpedestriancirculation outside of the ProposedActivity. The minimum width of said PedestrianPathmay be increasedby the Public Works Director in areas requiring public utility access. Proposed Activity may not block accesseither to or from a building. A minimum unobstructed clearance which extends two feet to either side of both. door jambs shall be maintained. If Proposed Activity is located on a corner, it shall not be permitted within three feet of the corner of the building, alongbothfrontages. If ProposedActivity is locatedadjacent to a driveway or an alley, it shall not be permitted within five feet of said driveway or alley. These requirements may be modified at the discretion of the Development Services Director or Public Works Director in locations where the sidewalk adjacent to the Proposed Activity is wider than usual, where the perimeter of the building hasan unusual configuration, or where public safety is at risk. The Proposed Activity shall be accessible to the disabled. The, buildings adjacent to these areasshall maintain building egressas defined by the California.
Building Code and State of California Title 24 Disabled Access standards.
ii. Safety. The floor of the Proposed Activity shall be at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk shall be permitted, except for in conjunction with use of on- street parking spaces for parklets, or other on-street parking space activation. Perimeter barriers are not required for any Proposed Activity, except for proposed use of on-street parking spaces. If the Proposed Activity includes the use of a perimeter barrier, it shall be reviewed on a case-by-case basis. Fixtures and equipment approved may remain in the ProposedActivity areafor the duration of the permit only. Any objects placed on the sidewalk shall not interfere with safe line-of-sight distance. Any umbrellas, heaters, or similar feature used shall be safely secured, and must be removed and stored when business is not in operation.
iii. Parking. Spaceusedfor ProposedActivity will not beaddedto the gross square footage of the related business when calculating parking requirements.
iv. Public Health. ProposedActivity shall be designedto comply with any applicable local, County, State, or Federal public health orders and guidelines related to COVID- 19.
7. Operational Standards:
i. Hours. tiours of Operation for ProposedActivity are to coincide with those of the adjoining business.
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ii. Unpermifted Uses. The operator shall not permit the following as part of the Proposed Activity: food preparation, utensils, glasses, napkins, and condiments on unoccupied tables, busing service stations, or trash and garbage storage.
iii. Maintenance. Permittee shall maintain area of Proposed Activity and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times. This shall include all tables, chairs, benches, displays, or other objects placed in the Public Realm. Trash receptaclesmay be permitted on a case-by-casebasis subject to review and approval of the Public Works Director. If disposable materials are used, the establishment shall comply with all applicable City recycling programs. All exterior surfacesshall be easily cleaned and shall be kept clean at all times by permittee. Awnings and umbrellas shall be kept clean and in good condition at all times.
iv. Sound. Musical instruments or sound reproduction systems are permittedaspart of ProposedActivity, but shallnot violateCity noise ordinance.
v. Approved Permig. Plansandpen-nits for theProposedActivity approved by the City shall be kept on the premisesfor inspection at all times when the establishment is open for business.
8. ' Insurance:
Permittee shall. comply with the following insurance requirements:
i. A policy or policies of Comprehensive GeneralLiability Insurance, with minimum limits of$ 1,000,00tOper occurrenceagainstany personal injury, death, loss, or damageresulting from the wrongful or negligent acts by the Permittee. The general liability insurance shall. contain an additional insured endorsement naming the City, including its elected or appointed officials, officers, directors, employees, agents, and volunteers as additional insureds. The insurance documents shall be comprised of and submitted as a certificate of insurance that names the City asthe certificate holder and a separateinsured endorsement. ii, The Permittee shall also execute, in writing, a Hold Harmless agreement for the duration of the permit.
iii. Permittee shall provide proof of Workers' Compensation insurance as required by the State of California.
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9. Special Closures:
The City shall. have the right and power, acting through the City Manager or their designee, to prohibit the operation of the Proposed Activity at any time becauseof anticipated or actual problems or conflicts in the useof the right- of-way. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the Proposed Activity shall be prohibited by the City.
10. Revocation:
If any portion of the ProposedActivity obstructions the right- of- way beyond that which is provided for in this Resolution, the Public Works Director or Development Services Director or their designee shall immediately direct the permittee to move the obstruction. If the permittee falls to do so, the City Manage or their designeeis entitled to immediately move the obstruction. If the ProposedActivity is not maintained in a neat, clean, and orderly condition, the Development Services Director or their designee shall direct that the permittee or property owner correct the violation. If the DevelopmentServicesDirector or their designeefinds that it is necessaryto remove any part of the ProposedActivity in the interest of the public health, safety, or general welfare, they may immediately remove it at the expenseof the permittee or property owner. A permit may be revoked by the Development Services Director, or Public Works Director, or their designee, following written notice being sentto the permittee by certified mail. The permit may be revoked if one or more standardsoutlined in this Resolution havebeenviolated or if the ProposedActivity is being operatedin amariner which constitutes a nuisance, or the operation unduly impedes or restricts the movement of pedestrianspast the ProposedActivity area. Following revocation of a permit, no application for the same site shall be filed prior to December 31, 2020, Revocation decisions may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. Unless otherwise indicated, all appealsshall be made in writing and statethe reason(s) for appeal. Such appeals shall be filed with the Development Services Department— Planning Division within five days of receipt of notice of revocation. The receipt of a written appeal shall stayall actions, or put in abeyanceall permits or other approvalswhich may have been granted, pending the effective date of the decision of the Planning Commission or City Council. Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than 15 days or more than 45 days after the date of filing an appeal, consistent with the agenda preparation procedures and scheduling of the Planning, Commission and City Council. An appeal fee will not be assessedfor such appeals.
The City Manager may promulgate additional rules and regulations beyond what is contained in Exhibit A, as needed for public health and safety.
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Exhibit B: Private Realm
1. Tempormy Uses.
The Development Services Director shall consider the review and approval of various temporary uses applied for by private property owners to accommodate business and site operations during COVID- 19 using Section . 583--- Temporary Uses of the Pomona Zoning Ordinance.
a. Uses. Temporary uses may include, but are not limited to: expansion of retail into parking lots and other areasof private property, and accommodatingfood trucks on private property.
b. Fees. There shall be no fee associatedwith a Temporary Use Permit application that is submitted by December 31, 2020.
c. Duration. Temporary uses approved under this Resolution shall be in effect until December 31, 2020,
d. Standards. The Development Services Director may impose conditions of approvalon the permitteeasis appropriatefor the proposedtemporaryuse.
2. Home Occupations.
The Development Services Director shall consider the review and approval of home- based businesses applied for by residents during COVID- 19, using Section. 530.- Bome Occupations of the Pomona Zoning Ordinance.
a. UNes. The following additional home-based businessesmaybe considered:
L Any business•that: doesnot involve thestorageofgoods beyondwhat may bestoredin typical two-car garageor accessorystructure; doesnot involve the storage of vehicles beyond what may be driven by the individual residing on the property,• and does not involve theflow of customer traffic in-person beyond what may be typical in a residential setting. b. Duration. A Home Occupation Permit for the aforementioned uses must be applied for by December 31, 2020 and will expire December 31, 2021.
The City Manager may promulgate additional rules, and regulations beyond what is contained in Exhibit B, as needed for public health and safety.